scholarly journals Prace legislacyjne nad ustawą o stosunku państwa do Muzułmańskiego Związku Religijnego w Rzeczypospolitej Polskiej

Prawo ◽  
2020 ◽  
Vol 328 ◽  
pp. 153-177
Author(s):  
Łukasz Baszak

Legislative work on the Act on the Relations between the State and the Muslim Religious Association in the Republic of PolandAfter regaining its independence the Second Polish Republic inherited various legal systems from the partitioning powers. They differed with regard to both legal institutions and legal constructs. This state of affairs hindered the integration of the state and caused a lot of problems in socio-economic relations. This was reflected also in the law dealing with religions. The reborn Polish state had to define the legal status of churches and religious associations, among others.The author of the article presents the work associated with the regulation of the legal status of the Muslim Religious Association. The Muslims, who were, with few exceptions, Polish Tatars, were a small minority in the Second Polish Republic. Nevertheless, they managed, following more than a decade of consultations with the government, to have the Act adopted, in accordance with Article 115 of the March Constitution. The Constitution was also the basis of the issuance of an ordinance concerning the recognition of the internal statutes of the association.Gesetzgebungsverfahren betreffend das Verhältnis des Staates zu der Muslimischen Glaubensgemeinschaft in der Republik PolenPolen, das die Unabhängigkeit zurückgewonnen hat, hat auch die diversen Rechtssysteme der Teilungsmächte geerbt. Sie unterschieden sich voneinander sowohl im Bereich der Institutionen als auch der rechtlichen Konstruktionen. Dieser Zustand erschwerte die Integration des Staates und führte zu vielen Problemen im Bereich der wirtschaftlich-sozialen Verhältnisse. Widerspiegelt hat sich das auch im Bereich des Staatskirchenrechts. Eine der Aufgaben des wiedergeborenen Staates war unter anderem, den Rechtsstatus der Kirchen und Glaubensgemeinschaften zu bestimmen.In dem Artikel werden die Arbeiten betreffend die Regulierung des Rechtsstatus der Muslimischen Glaubensgemeinschaft dargestellt. Die Muslime, die mit wenigen Ausnahmen polnische Tataren waren, stellten in der Zweiten Polnischen Republik eine kleine religiöse Minderheit dar. Trotzdem gelang es ihnen, dass ein Gesetz gem. Art. 115 der März-Verfassung nach einigen Jahren von Konsultationen mit der Regierung verabschiedet wurde. Es war auch die Grundlage der Verordnung über die Anerkennung der internen Satzung der Gemeinschaft.

2019 ◽  
Vol 15 (2) ◽  
pp. 147-153
Author(s):  
Oleg I. Mariskin

Introduction. The most important event that determined the agrarian development of Russia in the second half of the XIX – early XX century was the abolition of serfdom in 1861. The agrarian reform was a great shock not only for the peasant economy, but also for the landowner estates of Russia, raising the question of the economic viability of the nobility as a subject of economic relations. Materials and Methods. A comprehensive study of the regional features of the evolution of the noble economy in the second half of the XIX – early XX century allows you to identify the main trends and patterns of the studied processes and phenomena, which contributes to filling numerous gaps in the history of the nobility, its legal status, socio-economic status, economic activity and land tenure dynamics. Results. In the post-reform period, the growing need of landlords for mortgage loans associated with the mobilization of land and the tasks of modernizing noble economies. The government initially hoped to satisfy through those that emerged in the 1870s private land banks. In connection with the continued difficulties with loans for the local nobility in 1885, the State Nobility Land Bank was created. Analysis of land tenure statistics in Simbirsk province in the second half of the XIX – early XX centuries shows a sharp reduction in the number of land owned by the nobles. By 1905 in the Simbirsk province noble land tenure decreased by 48,4 %. Discussion and Conclusions. The activity of the State Noble Land Bank in the territory of Simbirsk province helped the local nobles to obtain the sums of money necessary for the modernization of their farms, but the soft loan provided to them could not prevent a further reduction in noble land tenure.


2019 ◽  
Vol 78 ◽  
pp. 61-78
Author(s):  
Paweł Borecki

In the Muslim Religious Union there is a dispute over the establishment of the Mufti office. From 2016, a schism has arisen in this religious community. This situation is a source of challenges for the authorities of the state administration and the courts in the application of a number of principles of the 1997 Constitution of the Republic of Poland. There are principles: autonomy and independence of religious associations in their scope, legalism, legal certainty or confidence of citizens in the state and their rights. The legal status of the Union is based on anachronistic legislation: the Act of April 21, 1936, on the relationship of the State to the Muslim Religious Union in the Republic of Poland and the statute approved by the Council of Ministers by way of an ordinance of August 26, 1936. In practice, the Muslim Religious Association applies the 2009 internal statute. Religious authorities and courts try to remain neutral and not interfere in the internal dispute in the Muslim Religious Union. This is in line with the standards stemming from the judgments of the European Court of Human Rights and the constitutional principle of autonomy and independence of religious associations in their own rig However, there is a state of legal uncertainty. It is urgent to repeal the Act and the Statute of 1936. This can be done either by a Constitutional Court decision or by passing a new law on the basis of the Muslim Religious Union Agreement with the Council of Ministers.


2018 ◽  
Vol 1 (3) ◽  
pp. 102
Author(s):  
Azem Duraku

This paper aims to present the progress and effects that Value Added Tax (VAT) may have on a country's economy. The efficient fiscal policies would enable a country to develop more rapidly, however it will all depend on the situation, economic state, and the power that the Republic of Kosovo has. VAT is a tax on consumption, and if seen from the buyer's point of view, it is a tax on the purchase price; while from the seller's point of view, it is a tax on the added value of the product or service. VAT revenues comprise the main part of Kosovo's budget financing, where comparative data from 2006 to 2017 are given in this paper, showing the extent of VAT participation in the total revenues of the state of Kosovo. Due to this, the tax system including the VAT, which was established by advancing in harmony with the EU directives and regulations, but maintaining the specific features of the state of Kosovo, has recently changed. Owing to legal changes, among others, the Government of Kosovo raised the VAT tax rate from 16% to 18% in most products, while reduced the VAT from 16% to 8% mainly on basic food products, medications. The state of affairs between the states is relatively different, being influenced by many factors, making it impossible to present consistent scale-level comparisons between them.


1931 ◽  
Vol 25 (3) ◽  
pp. 689-699 ◽  
Author(s):  
E. Pendleton Herring

The public character of the chambers of commerce in France and in Europe generally is a commonplace. Their intimate relationship with the government is taken as a matter of course. This very complacency is significant acceptance of the close rapprochement of the political and economic hierarchies. These organizations of entrepreneurs in France function as the legally recognized representatives of definite interests. It is regarded as no novel idea that business men as such have public duties and governmental responsibilities that must be conducted in coöperation with the state. The chambre de commerce is the usual agency for carrying on these contacts; it is classified as a “personne civile” and an “établissement public.” It is provided for by statute, given specific powers, and entrusted with definite functions. It is representative of local business men holding a mandate from the Republic authorizing them to perform specified tasks of government and requiring them to offer advice upon commercial and industrial problems.Regarded merely as agencies through which the government may secure a degree of perfunctory agreement from a selected number of employers and capitalists, the chambres de commerce would have little to offer. They are significant, rather, because of the fact that they provide a recognized means whereby discussion may be held upon questions by those who are directly affected by the outcome. Through such a consideration, the opportunity is offered to secure not only acquiescence but also understanding. The winning of consent is but one step in legislation.


2017 ◽  
Vol 1 (1) ◽  
pp. 38
Author(s):  
Muhammad Nadzir

Water plays a very important role in supporting human life and other living beings as goods that meet public needs. Water is one of the declared goods controlled by the state as mentioned in the constitution of the republic of Indonesia. The state control over water indicated that water management can bring justice and prosperity for all Indonesian people. However, in fact, water currently becomes a product commercialized by individuals and corporations. It raised a question on how the government responsibility to protect the people's right to clean water. This study found that in normative context, the government had been responsible in protecting the people’s right over the clean water. However, in practical context, it found that the government had not fully protected people's right over clean water. The government still interpreted the state control over water in the form of creating policies, establishing a set of regulations, conducting management, and also supervision.


2018 ◽  
Vol 13 (3-4) ◽  
pp. 87-96
Author(s):  
Elena Yu. Guskova

The article is devoted to the analysis of interethnic relations in Bosnia and Herzegovina (BiH) in the 1940s and 1960s. The article is based on materials from the archives of BiH, Croatia, Slovenia, Yugoslavia. The documents show the state of affairs in the Republic – both in the economy and in ideology. In one or another way, all of them reflect the level of tension in the interethnic relations. For the first time, the article presents the discussion on interethnic relations, on the new phenomenon in multinational Yugoslavia – the emergence of a new people in BiH under the name of “Muslim”. The term “Muslims” is used to define the ethnic identity of Bosniaks in the territory of BiH starting from the 1961 census.


Author(s):  
Vugar Nazarov ◽  
◽  
Jamal Hajiyev ◽  
Vasif Ahadov ◽  
◽  
...  

Local and foreign scientists are now paying growing attention to various issues of property and the philosophical and ethical, political, economic, institutional, social, psychological, and other aspects of its formation, taking into account the requirements of large-scale transformation, which primarily concern post-industrial areas of social development. In consequence, as modern studies rightfully point out, considering property relations, two general restrictions should be taken into account: this is an attempt to explain the absoluteness of their roles, the presence and content of all aspects of socio-economic relations by property relations; and the denial of the role of property as one of the most important factors determining the direction of social development in the present and future.This situation forces a new look at the economic policy of the state in this area, because any financial and monetary measures taken by the government will be doomed to failure if their implementation will be without interaction with the mechanisms of the private property system. The article defines the entrepreneurial sector of the region, its interaction with the institutions of the market system operating in all sectors and spheres of the region's economy, and also shows the influence of the development of property relations on the institutions of entrepreneurship.


2002 ◽  
Vol 36 (2) ◽  
pp. 5-39 ◽  
Author(s):  
Ilan Saban ◽  
Muhammad Amara

AbstractThe status of Arabic in Israel gives rise to question. Israel is a rare case of an ethnic nation-state that grants the language of minority group with a legal status which isprima facieone of equality. Both Hebrew and Arabic are the official languages of the State of Israel. What are the reasons for this special state of affairs? The answer is threefold: historic, sociological and legal. In various ways the potential inherent in the legal status of Arabic has been depleted of content, and as a result of that, as well as other reasons, the socio-political status of Arabic closely resembles what you would expect the status of a language of a minority group in a state that identifies itself as the state of the majority group to be. This answer, however, is another source of puzzlement – how does such a dissonance between law and practice evolve, what perpetuates it for so long, is change possible, is it to be expected?We present an analysis of the legal status of Arabic in Israel and at the same time we proceed to try and answer the questions regarding the gap between the legal and the sociopolitical status of Arabic. We reach some of our answers through a comparison with the use of law to change the status of the French language in Canada. One of these answers is that given the present constellation in Israel, the sociopolitical status of Arabic cannot meaningfully be altered by legal means.


2021 ◽  
pp. 9-53
Author(s):  
Krystyna Wojtczak

The article considers the legal status of the voivode during the interwar period, the time of the difficult restoration of the Polish identity and the creation of the Polish state in the post-Partition lands with three separate systems of territorial division and local administration. The legal situation of the office of the voivode is closely related to the establishment of the systemic foundations of the highest Polish authorities (legislative and executive) and local administration (initially, on the territory of the former Kingdom of Poland and then on the gradually annexed former Polish territories). The author refers to both spheres of legal activity of the Polish state at that time. She discusses the primary political acts, i.e. the March Constitution (1921), the April Constitution (1935) and the Constitutional Act (1926), as well as regulations concerning county administrative authorities of the first instance, situated in the then two-tier (ministries – county offices) administrative apparatus. Attention is primarily focused on the acts directly concerning the position of the voivode, i.e. the Act of 2 August 1919, the Regulation of the President of the Republic of 19 January 1928, and executive acts issued on the basis of these, and against whose background the importance of the legal institution of the voivode is presented: during the time of attempts to unify the administrative system (1918–1928), and in the period of changes leading to a uniform organisational structure of voivodship administrative authorities (1928–1939). The analysis makes it possible to state that successive legal conditions strengthened the political position of the voivode. In both periods covered by the analysis, the voivode was a representative of the government (with broader competences in 1928–1939), the executor of orders from individual ministers, the head of state and local government authorities and offices (1918–1928), the head of general administrative bodies subordinate to him, and the supervisory body over local government (1928–1939). The position of the voivode in the interwar period was unquestionably very strong.


2011 ◽  
pp. 241-258
Author(s):  
Zoran Loncar

Under the new law on travel documents, in addition to authority that has the Government of Serbia, in terms of issuing travel documents and a shared competence between the Ministry of Internal Affairs and the Ministry of Foreign Affairs depending on the type of travel document in question. Ministry of Foreign Affairs is authorized to issue a diplomatic passport, official passport and travel document, while all other travel documents are issued by the Ministry of Internal Affairs. When it comes to the passport as the most important travel document the jurisdiction of the Ministry of Internal Affairs is fully established. Diplomatic and Consular Missions of the Republic of Serbia abroad can now only receive requests for passport, but the issuance of travel documents of this type is exclusive jurisdiction of the Ministry of Internal Affairs. Such jurisdiction of the state administration in the process of issuing travel documents, along with other novelties which significantly modernize this kind of special administrative procedures should in practice very quickly enable the efficient issuance of travel documents, thus achieving the complete freedom of movement as one of the rights guaranteed by the Constitution to the citizens of the Republic of Serbia.


Sign in / Sign up

Export Citation Format

Share Document