Ponadczasowość regulacji prawnych dotyczących niewypłacalności

The study describes the legal regulations concerning insolvency in the period of the Second Polish Republic. The political system of the Republic of Poland in the years 1926–1935 is described as authoritarian in order to distinguish it from the total fascist system. The difficult economic and financial situation of the Polish state during the post-partition period required state interference in introducing legal regulations ensuring protection of creditors, while taking into account the rights of debtors who became insolvent for no fault of their own. Bankruptcy became a society-wide problem, albeit of varying severity. The study describes legal regulations concerning insolvency, which are included both in the Ordinance of the President of the Republic of Poland of 24 October 1934, the Law on Settlement Proceedings (Journal of Laws of 1934, No. 93, item 836, with binding force from 1 January 1935), and in the Ordinance of the President of the Republic of Poland of 24 October 1934, the Bankruptcy Law (Journal of Laws of 1934, No. 93, item 834, with binding force from 1 January 1935). The above-mentioned legal acts contained regulations adjusted to the state of insolvency, which is the result of the debtor’s difficult economic and financial situation. The state of the debtor’s insolvency or the threat of insolvency determined whether it was possible to conduct a procedure in which the debtor entered into an arrangement with creditors or whether the debtor should be declared bankrupt. In the case of bankruptcy, a trustee appointed by the bankruptcy court managed the assets of the bankrupt, constituting the bankruptcy estate, and the bankrupt was deprived of the right to manage their assets. The main purpose of bankruptcy proceedings was to sell the assets included in the bankruptcy estate and to achieve equal satisfaction of creditors of the bankrupt debtor. The course of these proceedings was different and depended on whether it was possible to make an arrangement with the creditors or whether it was necessary to implement procedures related to the liquidation of the bankrupt debtor’s assets. Although both legal acts were enacted in the interwar period, they were in force until the entry into force of the Act of 28 February 2003, the Bankruptcy and Reorganization Law (Journal of Laws of 2003, No. 60, item 535), that is, for almost 60 years. Therefore, regardless of the changes in the political system of the Polish state, the insolvency regulations from the authoritarian period in the Second Republic remained in force for many decades. The timelessness of these regulations is confirmed by the fact that some of the legal regulations that were enacted in 1934 are still applied today, although they have been partially modified and adapted to the current economic situation. The entry into force on 1 January 2016 of the Law of 15 May 2018 on Restructuring Law (Journal of Laws of 2015, item 978) resulted in a return to the separation of legal regulations that can be implemented depending on the debtor’s difficult financial situation. The Restructuring Law currently regulates the proceedings enabling an insolvent debtor or a debtor at risk of insolvency to enter into an arrangement with creditors, the effects of an arrangement as well as the conduct of the rehabilitation proceedings. The purpose of the various types of restructuring proceedings is to avoid declaring bankruptcy. On the other hand, the Bankruptcy Law, similarly to the period of the Second Polish Republic, regulates the procedure, the main purpose of which is to achieve equal satisfaction of the creditors of the debtor in the bankruptcy to the highest possible extent, and only if rational considerations allow the debtor’s current enterprise to be retained.

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The State and the Rule of Law

Forum Philosophicum ◽

10.35765/forphil.1997.0201.1 ◽

1970 ◽

Vol 2 (1) ◽

pp. 7-13

Author(s):

Andrzej Zoll

Keyword(s):

Rule Of Law ◽

Political System ◽

The State ◽

The Political ◽

The Rule Of Law ◽

The Law ◽

Democratic Principles ◽

Set Up ◽

The One ◽

Real Chance

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.

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The right to offset the claims in accordance with the law on bankruptcy of the Republic of Serbia and in the region

Strani pravni zivot ◽

10.5937/spz65-30574 ◽

2021 ◽

pp. 119-138

Author(s):

Vladimir Vrhovšek ◽

Vladimir Kozar

Keyword(s):

Bankruptcy Law ◽

Legal Analysis ◽

Legal Practice ◽

Legal Provisions ◽

Legal Consequence ◽

The Law ◽

The Republic ◽

Business Entities ◽

The Right ◽

Legal Compensation

This article discusses a concept of legally permitted and limited offsetting in bankruptcy according to the law of the Republic of Serbia, with comparison to earlier regulations where the offsetting occurred by the force of law, as the legal consequence of initiating bankruptcy proceedings. Legal provisions, legal practice, opinion of the jurisprudence on general and special terms about the right to offset the claims in bankruptcy in the Republic of Serbia, as well as in the countries in the region, have been presented. Relevant legal solutions from laws on bankruptcy of Montenegro, Republic of Srpska, Republic of Croatia, and the Republic of Slovenia have been reviewed. Offsetting claims in bankruptcy proceedings are in principle allowed in regional countries as well. Regarding the effect of bankruptcy on the right to offset the claims, there is a great similarity among the legal solutions in regulations of above mentioned countries, except for the Republic of Slovenia. The Republic of Slovenia retained the broadest concept of legal compensation as a legal consequence of initiating bankruptcy proceedings, which constitutes an important difference compared to restrictive solutions of the Serbian bankruptcy law and regional legislation. This article aims to show to the business entities operating in the region, through comparative legal analysis, different conditions and procedure of offsetting in bankruptcy in national legislation, bearing in mind the importance of this legal institution, which allows the creditors to fully collect their claims outside the bankruptcy payment lines, and regardless of the number of available funds in the bankruptcy estate.

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Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

The Indonesian Journal of International Clinical Legal Education ◽

10.15294/ijicle.v3i2.46176 ◽

2021 ◽

Vol 3 (2) ◽

pp. 185-196

Author(s):

Ari Wibowo ◽

Michael Hagana Bangun

Keyword(s):

Supreme Court ◽

Legal Protection ◽

The State ◽

Legal Aid ◽

The Poor ◽

The Supreme Court ◽

The Law ◽

Constitutional Right ◽

The Republic ◽

The Right

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.

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Trzy razy res publica: Thomas Smith, Gasparo Contarini i Wawrzyniec Goślicki

Czasopismo Prawno-Historyczne ◽

10.14746/cph.2013.65.1.03 ◽

2018 ◽

Vol 65 (1) ◽

pp. 75-104

Author(s):

Iwona Barwicka-Tylek

Keyword(s):

Political Thought ◽

Political System ◽

The State ◽

16Th Century ◽

The Political ◽

Liberal Tradition ◽

State And Society ◽

Civic Virtues ◽

The Republic

The interest in Republican thought is on the increase again, now chiefl y thanks to the works of Quentin Skinner and the circle of so-called neo-Republicans (or civic Republicans) concentrated around Phillip Petit. They stress the peculiar perspective that Republicans have had on the state and society. This is seen in their distinctive view of freedom as the absence of domination, or attachment to the category of citizenship and the related role of civic virtues. These special characteristics justify, in their opinion, distinguishing the Republican trend of political thought (historically and now) from other positions, especially the liberal tradition. Accepting generally the above opinion, the paper draws our attention to signifi - cant differences within Republicanism itself. To do this, it cites the three conceptions of republic that were formed in the 16th century and refer to England (Sir Thomas Smith), Venice (Gasparo Contarini) and Poland (Wawrzyniec Goślicki). Although they were formed around the same time and have common roots mainly in Aristotle’s philosophy and Roman Republican ideas, each of the three perspectives views the republic from a different angle. While all three authors believe the coexistence of three elements – orderly institutions, wise law and virtuous citizens – to be crucial for any state, they rely in their deliberations on one element only. This has an impact on the way their conceptions fi nally appear and on the conclusions for the political system they draw. And so, Smith gives precedence to institutions, Contarini emphasises the key role of law and Goślicki gives primacy to virtue, concentrated in an ideal senator. Taking notice of such differences among thinkers openly admitting to an attachment to the Republican tradition should make us even more careful so as not to oversimplify it as if it were uniform and completely cohesive. Further, the awareness of such differences may provoke refl ection how justifi ed the use of the Republican banner is in respect of so different authors as, for instance, Machiavelli and Montesquieu.

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Community Organizational Supervision System in Indonesia

International Journal of Social Science and Human Research ◽

10.47191/ijsshr/v4-i8-37 ◽

2021 ◽

Vol 04 (08) ◽

Author(s):

Sri Endah Wahyuningsih ◽

Keyword(s):

Current System ◽

The State ◽

Government Control ◽

Supervision System ◽

Democratic State ◽

Current Implementation ◽

The Law ◽

The Republic ◽

The Right ◽

The Ideal

As a state of law as well as a democratic state, Indonesia guarantees and protects the right to freely express opinions and the right to organize in society. This in the end becomes the basis for every member of the community to be free to establish an Ormas. The freedom to establish these mass organizations in its development is not controlled due to the absence of real government control and supervision. This has resulted in many mass organizations being born into thugs and illegal organizations. This study aims to analyse the current system of supervision of mass organizations in Indonesia, the weaknesses in the current implementation of mass organizations, and the ideal reconstruction of a system of supervision of mass organizations capable of realizing a just law of mass organizations. The research in this dissertation uses the sociological juridical method. As for the results of the research conducted, it can be found that the current implementation of normative supervision has not been effective, as evidenced by the large number of problematic and prohibited mass organizations, weaknesses in the supervision of mass organizations in the community due to a legal vacuum in the regulation of supervision of mass organizations, so it is necessary to reconstruct values by conducting supervision and education. regarding the goals of mass organizations and the goals of the state and nation as well as legal reconstruction in the form of adding provisions for the supervision of mass organizations in the Law of the Republic of Indonesia Number 16 of 2017.

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Crimes against the State

10.1093/oxfordhb/9780198728689.013.26 ◽

2016 ◽

Author(s):

Callie Williamson

Keyword(s):

Political System ◽

The State ◽

The Political ◽

Political Structure ◽

The Public ◽

State Security ◽

The People ◽

Roman People ◽

The Republic

During most of the Republic, the Romans viewed only perduellio as a threat to state security. Other threats were dealt with through institutionalised mechanisms of stability in Rome’s political structure, above all through the public lawmaking assemblies. Only when the political system wavered in the late Republic did the Romans criminalise “diminishing the superiority of the Roman people” maiestas populi Romani minuta (maiestas) as a crime against the state. Inherent in maiestas is the authority of the Roman people to negotiate consensus through the public lawmaking process in which the people voiced their commands. During the Empire, the emperor embodied the superiority of the Roman people and through him, as the chief lawmaker of Rome, were channelled the commands of the people. The scope of maiestas was altered to adapt to changing ideas of the state, but the idea that maiestas constituted the chief crime against the state persisted.

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Akses Keadilan Sebagai Perlindungan Hukum Bagi Perempuan Berhadapan Dengan Hukum Dalam Sistem Peradilan Pidana

Hukum dan Masyarakat Madani ◽

10.26623/humani.v9i1.1445 ◽

2019 ◽

Vol 9 (1) ◽

pp. 72

Author(s):

Ani Triwati

Keyword(s):

Criminal Justice ◽

Criminal Justice System ◽

Justice System ◽

The State ◽

Access To Justice ◽

Political Rights ◽

Civil And Political Rights ◽

The Law ◽

The Republic ◽

The Right

<div>Negara mengakomodir hak setiap orang termasuk hak perempuan berhadapan dengan hukum dalam Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Perempuan berhadapan dengan hukum mempunyai hak untuk memperoleh akses keadilan. Sebagai negara yang telah meratifikasi Kovenan Internasional tentang Hak-Hak Sipil dan Politik dengan Undang-Undang Nomor 12 Tahun 2005 tentang Pengesahan International Covenant on Civil and Political Rights, Indonesia berpedoman pada Konvensi tersebut dalam mewujudkan persamaan semua orang di hadapan hukum dan peraturan perundang-undangan, larangan diskriminasi serta menjamin perlindungan yang setara dari diskriminasi, termasuk jenis kelamin atau gender. Selanjutnya, Indonesia sebagai pihak dalam Konvensi Penghapusan Segala Bentuk Diskriminasi Terhadap Perempuan (Convention on the Elimination All of Forms Discrimination Against Women/ CEDAW) mengakui kewajiban negara untuk memastikan bahwa perempuan mempunyai akses keadilan dan bebas dari diskriminasi dalam sistem peradilan (pidana). Dalam upaya memberikan akses keadilan, negara menjabarkan jaminan hak perempuan berhadapan dengan hukum dalam peraturan perundang-undangan. Sistem peradilan pidana merupakan salah satu upaya dalam memberikan akses keadilan sebagai perlindungan bagi perempuan berhadapan dengan hukum melalui perlindungan terhadap hak-hak perempuan selama pemeriksaan dalam setiap tahap peradilan. The rights of every person including rights of women encounter the law are accommodated by the state based on the Constitution of the Republic of Indonesia of 1945. Women’s in law having the right in terms of accessing justice. As a nation that ratify the International Covenant on Civil and Political Rights with Law Number 12 of 2005 regarding the legitimation of the International Covenant on Civil and Political Rights, Indonesia refers to the convention in realizing the equality of all people before laws and regulations, prohibition of discrimination and guarantee the equal protection from any form of discrimination, including gender. Furthermore, Indonesia as a part in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) admit the obligation of the state to ensure that women are capable accessing justice and exempt from discrimination in the criminal justice system. In an effort to provide access to justice, the state elucidates the guarantee of the rights of women’s in the laws within the law regulations. Therefore, The criminal justice system is the one of an effort providing access to justice as well as the protection for women’s in law through the protection of women's rights during investigation at every stage of justice.</div>

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Perda Syariah Dalam Otonomi Daerah

Mizan Journal of Islamic Law ◽

10.32507/mizan.v2i2.147 ◽

2018 ◽

Vol 2 (2) ◽

Author(s):

Ummu Salamah ◽

Reinaldo Rianto

Keyword(s):

Constitutional Law ◽

Political System ◽

Islamic Law ◽

Local Level ◽

The State ◽

The Political ◽

Autonomous Region ◽

Pros And Cons ◽

The Republic

Abstract: The Constitution of the Republic of Indonesia Year 1945 Article 29, paragraph 1 explains that "the State based on Almighty God". Normative-juridical provision has given legitimacy to the formalization of Islamic law for transformative integrated in the political system and constitutional law in Indonesia. Internalization of Islamic law into the legislation at the local level has opened the scope of the spirit of autonomy granted by the regions both general and specific. This spirit also later brings their initiative to roll Regional Regulation nuances of Islamic law, which of course raises the pros and cons in the community.Keywords: Legislation, Autonomous Region, FormalizationAbstrak: Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 pasal 29 ayat 1 menjelaskan bahwa “Negara berdasarkan atas Ketuhanan Yang Maha Esa”. Ketentuan normatif-yuridis ini telah memberikan legitimasi bagi formalisasi hukum Islam untuk terintegrasi secara transformatif dalam sistem politik dan hukum ketatanegaraan Indonesia. Internalisasi hukum Islam ke dalam peraturan perundang-undangan di tingkat daerah telah membuka ruang adanya semangat otonomi yang diberikan oleh daerah-daerah baik yang umum dan khusus. Semangat ini pula yang kemudian melahirkan adanya inisiatif untuk menggulirkan Peraturan Daerah bernuansa syariat Islam, yang tentunya menimbulkan pro dan kontra di tengah kalangan masyarakat.Kata Kunci: Perda, Otonomi Daerah, Formalisasi

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Gender equality in science - equal opportunities and special measures in legal regulations

Glasnik Etnografskog instituta ◽

10.2298/gei2002261p ◽

2020 ◽

Vol 68 (2) ◽

pp. 261-276

Author(s):

Marijana Pajvancic

Keyword(s):

Gender Equality ◽

Public Policies ◽

Scientific Work ◽

Legal Framework ◽

The State ◽

Legal Regulations ◽

Equal Opportunities ◽

The Republic ◽

And Gender ◽

The Right

The text focuses on researching the sources that define public policies and those that form the legal framework within which there are (or are not) equal opportunities for women and men to exercise their rights under equal conditions, including the right to engage in scientific work. Documents (strategies and action plans) in the fields of education, science, gender equality and non-discrimination are the subject of attention. The research is also supported by legal regulations that positivise public policies through binding norms, which include international legal sources containing human rights and gender equality standards in the field of scientific work, as well as domestic legislation (Constitution and laws). The Constitution of the Republic of Serbia in its basic principles guarantees the equality of women and men and obliges the state to pursue a policy of equal opportunities and take special measures in order to achieve in practice the gender equality proclaimed by the Constitution. Our question is whether the state fulfils this constitutional obligation, whether it pursues a policy of equal opportunities in the field of science, whether it takes special measures as instruments for conducting a policy of equal opportunities, whether any special measures which are undertaken are sufficient and what effect they have.

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KOMSOMOL AS THE CONDUCTOR OF THE STATE YOUTH POLICY OF THE SOVIET STATE

Journal of Public and Municipal Administration ◽

10.22394/2225-8272-2020-9-3-32-42 ◽

2020 ◽

Vol 9 (3) ◽

pp. 32-42

Author(s):

A.L. ELISEEV ◽

◽

O.V. LEONOVA ◽

Keyword(s):

Political System ◽

The State ◽

Soviet Society ◽

The Political ◽

Youth Policy ◽

Soviet State ◽

The Law ◽

State Body

The purpose of the article is to reveal the role of Komsomol in the political system of the USSR. The authors note that Komsomol was directly a state body in relation to youth, acted as the official guide of party and economic directives to the youth environment, developed and implemented in practice the state youth policy in relation to Soviet youth. The main functions of the communist youth union in the Soviet society are also highlighted, the representation of Komsomol in the authorities of the Soviet state is reviewed, the role of Komsomol in the adoption of the law on youth is revealed.

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