scholarly journals The Principle of Will Autonomy in the Obligatory Law

2015 ◽  
Vol 5 (1) ◽  
pp. 225
Author(s):  
MA. Shyhrete Kastrati
Keyword(s):  
Electronic Materials ◽  
Comparative Method ◽  
Theory And Practice ◽  
Hard Copy ◽  
Practical Implementation ◽  
Legal Norms ◽  
Modest Contribution ◽  
The Law ◽  
The Republic ◽  
Autonomy Of Will

The principle of autonomy of will is legislated with the Article 2 of the Law no. 04/L–077 on Obligational Relationships1, thereby providing the legal grounds for the regulation of legal relations between parties in obligational relationship.This study aims to provide a contribution to the theory and practice, and also aims at providing a modest contribution to the obligational law doctrine in Kosovo. The purpose of the paper is to explore the gaps and weaknesses in practical implementation of the principle, which represents the main pillar of obligational law. In this paper, combined methods were used, including research and descriptive methods, analysis and synthesis, comparative and normative methods.The exploration method was used throughout the paper, and entails the collection of hard-copy and electronic materials. The descriptive method implies a description of concepts, important thoughts of legal science, and in this case, on the principle of autonomy of will, thereby using literature of various authors. The analytical and synthetic methodology is aimed at achieving the study objectives, the recognition of the principle of autonomy of will, practical implementation thereof, and conclusions.The comparative method was applied in comparing the implementation of the principle in the Law on Obligational Relationships of Kosovo and the Law on Obligational Relationships of the former Socialist Federal Republic of Kosovo, and the Civil Code of the Republic of Albania. The normative method was necessary, since the topic of the study is about legal norms.

scholarly journals Rein Müllerson in the international law: retrospectives and prospects

2021 ◽  
pp. 49-60
Author(s):  
Yury Bezborodov
Keyword(s):  
International Relations ◽  
International Law ◽  
New World ◽  
Comparative Method ◽  
Historical Analysis ◽  
Theory And Practice ◽  
Future Generations ◽  
Practical Implementation ◽  
Legal Norms ◽  
Legal Expert

This article is dedicated to reconsideration of the ideas of the prominent Soviet, Russian, Estonian and international legal expert Rein Müllerson, which he introduced to the theory and practice of international law. The relevance of this research is substantiated by the contribution made by Professor Rein Müllerson to the Soviet system, as well as the contribution he continues to make to the modern domestic, foreign, and universal doctrine of international law. In 201, the author of multiple articles and monographs that are published in different languages and countries, Professor Rein Müllerson released his summarizing work – the autobiography “Living In Interesting Times: Curse or Chance?”, which in reality is not an autobiography. This monograph, which determines the topic of this research, is dedicated to the most relevant issues of international law and international relations, which underlie the scientific reflections in the latest published work of Professor Müllerson. The goal of this article lies in the analysis of manifestation of subjective realism and new philosophy of modern international law declared in the 2021 monograph. Using such instruments of the modern researcher of international relations as liberalism and democratization, globalization and regionalization, correlating the theory built in the Soviet scientific paradigm with the practice tested in the UN structures, he brought the international law to a higher level of comprehension, as a complex system of regulators of multinational behavior. The neutral and non-politicized views of Professor Müllerso answers on the majority of modern international problems, along with his vast experience in practical implementation of legal norms, should be duly appreciated by present and future generations of researchers interested in building a new world – free from warfare and confrontations. The article employs historical analysis, comparative method, methods of legal research and interpretation.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals ОПЕРАЦИЯЛЫҚ ІЗДЕУ ҚЫЗМЕТІНІҢ ЗАҢНАМАЛЫҚ РЕТТЕУЛЕРІН ЖАҚСАРТУ ЖОЛЫМЕН ҚЫЛМЫСҚА ҚАРСЫ КҮРЕС МӘСЕЛЕЛЕРІН ШЕШУ

2021 ◽  
pp. 163-169
Author(s):  
Ахметкали Шаймуханов
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Legal Norms ◽  
Legal Literature ◽  
The Law ◽  
The Republic ◽  
Analysis And Study

В статье рассматриваются и анализируются некоторые положения действующего оперативно-розыскного законодательства Республики Казахстан. На основе сравнительного анализа и изучения юридической литературы поднимаются проблемы, возникающие в правоприменительной деятельности при реализации отдельных положений закона. Автором вносятся предложения и рекомендации по совершенствованию правовых норм, направленные на решение задач, связанных с профилактикой, предупреждением и пресечением наиболее опасных уголовных преступлений. Мақалада Қазақстан Республикасының қолданыстағы жедел-іздестіру заңнамасының кейбір ережелері талқыланып, талданған. Салыстырмалы талдау және заң әдебиеттерін зерттеу негізінде заңның белгілі бір ережелерін жүзеге асыру кезінде құқық қорғау органдарында туындайтын проблемалар көтеріледі. Автор аса қауіпті қылмыстық құқық бұзушылықтардың алдын алуға, алдын алуға және жолын кесуге байланысты мәселелерді шешуге бағытталған құқықтық нормаларды жетілдіру бойынша ұсыныстар мен ұсыныстар енгізеді. The article discusses and analyzes some of the provisions of the current operational-search legislation of the Republic of Kazakhstan. Based on comparative analysis and study of legal literature, the problems arising in law enforcement activities in the implementation of certain provisions of the law are raised. The author makes suggestions and recommendations for improving legal norms aimed at solving problems related to the prevention, prevention and suppression of the most dangerous criminal offences.

Homework under the law

2021 ◽  
Vol LXXXII (2) ◽  
pp. 153-160
Author(s):  
Michał Długosz
Keyword(s):  
Social Problem ◽  
International Agreements ◽  
Legal Norms ◽  
Constitutional State ◽  
The Subject ◽  
The Law ◽  
The Republic

Giving too much complex homework has become a significant social problem and the subject of unsuccessful activities of constitutional state authorities. In light of the Constitution of the Republic of Poland, international agreements that Poland is bound by, as well as domestic regulations, the practice of giving homework to students seems to be unjustified or even to be in breach with numerous legal norms.

OFFENSES AGAINST THE ENVIRONMENT, ESSENTIAL DAMAGE ASSESSMENT IN THEORY AND PRACTICE

2017 ◽  
Vol 1 (78) ◽  
pp. 30
Author(s):  
Silvija Kotāne
Keyword(s):  
Criminal Law ◽  
Significant Risk ◽  
Legal Protection ◽  
Theory And Practice ◽  
Forest Environment ◽  
Criminal Offense ◽  
Significant Damage ◽  
The Law ◽  
The Republic

This paper shall review of the development of environmental criminal – legal protection in the Republic of Latvia. One of the most complicated valuation terms in Criminal law is essential harm. The adverse effects of marking, used assessment concept – "essential harm" to the Criminal Law Section 11, provisions are included as a criminal offense frame sign. Valuation concept „essential harm” or “significant damage” is widely used. Material injury is one of the mandatory features of the objective of acriminal offence defining the legal classification of the offence and, inany particular case, to assess the nature and consequences of thedamage in relation to the interests laid down by the law. In all cases, regulation is not specified. Significant damage and other interests protected by law in nature and severity to determine the natural environment, human health can be an expert evaluation. In deciding the question of material injury, which is especially qualifying characteristic of the Criminal Law Article 109, followed to the Special Law Annex 1 "Criteria for the detectable threat or significant risk to the law protected the interests of the forest environment conservation." With regard to essential harm the forest environment, evaluation is embedded in the law and are applied in practice.

scholarly journals Court decisions on post-divorce children’s livelihood: Islamic law analysis on their practices in Indonesia and Malaysia

2020 ◽  
Vol 20 (2) ◽  
pp. 151-173
Author(s):  
Fauzul Hanif Noor Athief ◽  
Resti Hedi Juwanti
Keyword(s):  
Islamic Law ◽  
Theory And Practice ◽  
Court Decisions ◽  
Important Thing ◽  
The Real ◽  
Legal Norms ◽  
The Law ◽  
Illegitimate Children

A divorce is indeed never expected to happen in a marriage. However once it happens, the important thing which must be taken into account is the consequence of the divorce where the issue pertinent to children’s livelihood is one of it. This study tried to probe into how Malaysia and Indonesia whose most of the population was Muslims adopted the Fiqh concept in terms of post-divorce children’s livelihood in their regulations. Since there  always be difference between theory and practice, the real implementation of the decisions will also be examined on the basis of legal norms. This study directly explores the laws and Court decisions for further assessment based on several indicators. It is found that the legislation and the Court decisions of the two countries had adopted the concept of Fiqh yet with a couple of particular notes. It is also found that there is a chance of providing livelihood for illegitimate children in the law and practice of both countries.

scholarly journals The Importance of Leadership on Business Ethics at Organizations

2020 ◽  
Vol 6 (3) ◽  
pp. 137
Author(s):  
Aferdita Dervishi
Keyword(s):  
Positive Impact ◽  
Code Of Ethics ◽  
Comparative Method ◽  
Practical Implementation ◽  
Secondary Source ◽  
Web Pages ◽  
Executive Leaders ◽  
Ethics Code ◽  
The Republic

The purpose of this paper is to board the issues dealing with the ethics code of behave, and the role of leadership on motivation of staff to lead up the effectiveness and quality work at organization. The paper presents ethic standards and their importance for the success and competitive priorities for organizations and institutions. The elaboration of paper is carried using normative and comparative method attended by secondary source of data in the form of papers, journals, books, web-pages and manuals of organizations. There are studied principles of the Code of Ethics in two organizations, Bus Eirenann of Ireland and Kosovo Privatization Agency of the Republic of Kosovo, handling the practical implementation of ethic codes in both cases. Next to written policies for ethics there exist failures and mistakes on the ethics at working place that is present in everyday life as a result of improper behave of someone. Ethic behaves have had the positive impact at organizations, while non-ethic behaves have serious impact on the development of staff and it keeps away incitement of tacit knowledge, obstructs innovations and creative work. Development and approval of ethic code and ethic practices at organization will not stop non-ethic behaves, but will give to people a kind of measurement versus which behave may be measured. Executive leaders at organizations and institutions should assess if the written or unwritten code is not respected so that the employees to feel safe for their integrity and appreciated.

scholarly journals FEATURES OF THE QUALIFICATION OF UNFAIR COMPETITION EXPRESSED IN THE FORM OF ILLEGAL ACTIONS REGARDING PROTECTED INFORMATION

2021 ◽  
pp. 100-103
Author(s):  
A. S. Valevko
Keyword(s):  
Scientific Literature ◽  
Unfair Competition ◽  
Legal Analysis ◽  
Legal Norms ◽  
Disclosure Of Information ◽  
Legal Regimes ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
Definition Of Information

The article deals with the characteristics of one of the forms of unfair competition associated with the illegal receipt, use, disclosure of information prohibited by article 30 оf the law of the Republic of Belarus "On countering monopolistic activities and development of competition". Based on the legal analysis of the legal norms of the antimonopoly legislation and scientific literature, the author reveals the signs and conditions of disorganization of the competitor's activities committed by illegal dissemination of commercial or official secrets. The author analyzes the definition of" information", signs of commercial and official secrets and the legal regimes established in relation to them. The circumstances and elements of the offense are important for the requirements of an administrative offense under Article 13.33 "Unfair Competition" of the Code of the Republic of Belarus on Administrative Offenses, expressed in the form of actions in relation to protected information, are considered. 

scholarly journals INTERIM MEASURES IN ARBITRATION

2018 ◽  
Vol 28 (6) ◽  
pp. 2155-2160
Author(s):  
Emilija Gjorgjioska ◽  
Zorica Stoileva ◽  
Dijana Gorgieva
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Theory And Practice ◽  
State Court ◽  
Republic Of Macedonia ◽  
Legal Provisions ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
Interim Measures

In the arbitration, just like in civil litigation, it may be necessary before the final merit award is rendered by the arbitral tribunal, the relations between the parties to be temporarily settled. The need for ordering interim measures before or during an arbitration may arise in order to create conditions for maintaining the existing situation untilthe arbitration settlement of the dispute, facilitating the enforcement of the potential condemnatory arbitration award or faster conduct of the arbitration.Due to these advantages of the interimmeasures, the problem of interim measures in the modern arbitration process theory and practice gets more and more important. In the context of this, the questions arise what types of interim measures and under what conditions can be ordered in the arbitration?Who has the authority to order inerim measures: the state court or arbitrator of the arbitration tribunal or arbitrator for emergencies, and etc. Regarding the types of interim measures that can be ordered before or during the arbitration, there are: conservation, temporary, procedural-facilitating, record-keeping and execution-enforcement measures. The conditions for ordering each of these measures are specific and depend on the purpose and function of the interim measure itself. Regarding the dilemma who is auhtorized to order interim measures in the arbitration, it must be emphasized that the older arbitration theory and practice that has been created around state protectionist legal politics accepts the position that only the state court can order inerim measures while the contemporary arbitration theory and practice proves that the arbitrator of the arbitration court (more often) or an emergency arbitrator (less often) should order the imerim measures in the arbitration. It is precisely because of these problems and dilemmas that still baffle the science of the arbitration procedural law the subject of this paper will be the legal regulation of the subject matter of the interim measures in the Macedonian arbitration legislation. For this purpose, an analysis will be made of the positive legal provisions of the Law on Litigation Procedure of the Republic of Macedonia which regulates the domestic arbitration, the Law on International Commercial Arbitration of the Republic of Macedonia, which regulates the international arbitration and the Rules of The Permanent court of Arbitration attached to the Economic Chamber of Republic of Macedonia that apply to resolve arbitration disputes with and without a foreign element and will be analyzed whether they regulate and to what extent they regulate the issue of ordering of inrim measures in the arbitration. This will be done in order to conclude whether there is a need for amendments of the Macedonian Arbitration Legislation in order for the Macedonian arbitration procedural right to be in line with the modern arbitration tendencies for ordering interim measures in the arbitration, primarily the UNCITRAL Model Law.

scholarly journals Rein Müllerson in the international law: retrospectives and prospects

Litera ◽  
2021 ◽  
pp. 1-10
Author(s):  
Irina Viktorovna Zinov'eva
Keyword(s):  
Complex System ◽  
International Relations ◽  
International Law ◽  
New World ◽  
Theory And Practice ◽  
Future Generations ◽  
Practical Implementation ◽  
Soviet System ◽  
Legal Norms ◽  
Legal Expert

This article is dedicated to reconsideration of the ideas of the prominent Soviet, Russian, Estonian and international legal expert Rein Müllerson, which he introduced to the theory and practice of international law. The relevance of this research is substantiated by the contribution made by Professor Rein Müllerson to the Soviet system, as well as the contribution he continues to make to the modern domestic, foreign, and universal doctrine of international law. In 201, the author of multiple articles and monographs that are published in different languages and countries, Professor Rein Müllerson released his summarizing work – the autobiography “Living In Interesting Times: Curse or Chance?”, which in reality is not an autobiography. This monograph, which determines the topic of this research, is dedicated to the most relevant issues of international law and international relations, which underlie the scientific reflections in the latest published work of Professor Müllerson. The goal of this article lies in the analysis of manifestation of subjective realism and new philosophy of modern international law declared in the 2021 monograph. Using such instruments of the modern researcher of international relations as liberalism and democratization, globalization and regionalization, correlating the theory built in the Soviet scientific paradigm with the practice tested in the UN structures, he brought the international law to a higher level of comprehension, as a complex system of regulators of multinational behavior. The neutral and non-politicized views of Professor Müllerso answers on the majority of modern international problems, along with his vast experience in practical implementation of legal norms, should be duly appreciated by present and future generations of researchers interested in building a new world – free from warfare and confrontations.

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