scholarly journals Office of the representative of the prosecutor in gospodar court

2020 ◽  
pp. 95-101
Author(s):  
Y.О. Serebryakova

The statutes analyzed the legal representation of the representative of the prosecutor of the interests of the state in the state court proceedings. Respect is accentuated on the fact that the legal representatives of such a representative have a lot of special features, which are enriched by the legal status of the prosecutor’s office in the whole role of the state legal representatives. Voted on the fact that the largest number of discussions is possible in science plots, as well as in the right to practice, the designation of such a warehouse representative and the prosecutor in the court of lawful interests and the possibility of violation of the law. It has been established that, having understood the “Interest Power”, it has a wide range and an estimated character, which is a legacy of an ambiguous legal representation and a representative of the Prosecutor of the Interest State in the state court proceedings. The gown about the primedness of the inclusion of such a representative for the representative of the prosecutor of the Interests State in the State Judicial Commission was destroyed, as well as the threat of the collapse of the Interests State Vіdznacheno scho at vipadku nenalezhnogo zdіysnennya Zahist Reigning іnteresіv State body Vlady, Chi body mіstsevogo samovryaduvannya іnshim sub’єktom vladnih povnovazhen to kompetentsії yakogo vіdnesenі vіdpovіdnі povnovazhennya vimagaє z’yasuvannya supply about kvalіfіkatsіynu vіdpovіdnіst kadrіv such organіv State Vladi abo mіstsevogo samovryaduvannya. Reacting to such lack of authority in organization by way of securing disciplinary disciplines as well as administrative measures to protect the interests of the state with an effective submission. Primed by the general prosecutor before the state court in the interests of the sovereign body, the body of the independent self-determination of the subordinate authority, the independent authority is independent of the authority, it is independent of the authority of the self-dependent authority. competence of a specific presentation of a reprimand є a whole logical group for the knowledge of documented presentation of a factual report.

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].


Author(s):  
Kevork Oskanian

Abstract This article contributes a securitisation-based, interpretive approach to state weakness. The long-dominant positivist approaches to the phenomenon have been extensively criticised for a wide range of deficiencies. Responding to Lemay-Hébert's suggestion of a ‘Durkheimian’, ideational-interpretive approach as a possible alternative, I base my conceptualisation on Migdal's view of state weakness as emerging from a ‘state-in-society's’ contested ‘strategies of survival’. I argue that several recent developments in Securitisation Theory enable it to capture this contested ‘collective knowledge’ on the state: a move away from state-centrism, the development of a contextualised ‘sociological’ version, linkages made between securitisation and legitimacy, and the acknowledgment of ‘securitisations’ as a contested Bourdieusian field. I introduce the concept of ‘securitisation gaps’ – divergences in the security discourses and practices of state and society – as a concept aimed at capturing this contested role of the state, operationalised along two logics (reactive/substitutive) – depending on whether they emerge from securitisations of the state action or inaction – and three intensities (latent, manifest, and violent), depending on the extent to which they involve challenges to state authority. The approach is briefly illustrated through the changing securitisation gaps in the Republic of Lebanon during the 2019–20 ‘October Uprising’.


The mathematical theory of small elastic deformations has been developed to a high degree of sophistication on certain fundamental assumptions regarding the stress-strain relationships which are obeyed by the materials considered. The relationships taken are, in effect, a generalization of Hooke’s law— ut tensio, sic vis . The justification for these assumptions lies in the widespread agreement of experiment with the predictions of the theory and in the interpretation of the elastic behaviour of the materials in terms of their known structure. The same factors have contributed to our appreciation of the limitations of these assumptions. The principal problems, which the theory seeks to solve, are the determination of the deformation which a body undergoes and the distribution of stresses in it, when certain forces are applied to it, and when certain points of the body are subjected to specified displacements. These problems are always dealt with on the assumption that the generalization of Hooke’s law is obeyed by the material of the body and that the deformation is small, i.e. the change of length, in any linear element in the material, is small compared with the length of the element in the undeformed state. Apart from the fact that the generalization of Hooke’s law is obeyed accurately by a very wide range of materials, under a considerable variety of stress and strain conditions, it has the further advantage that it leads to a mathematically tractable theory.


2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.


Author(s):  
Svetlana Koryagina ◽  
Irina Kravchenko

The article describes the impact of the Mass Media on the formation of the worldview of the young. This impact may be positive or negative. On the one hand, the media educate young people and enhance their participation in public life. On the other hand, they may mislead or promote false values, and manipulate the young generation’s consciousness. What helps people not to get involved into the tried-and-true crowd manipulation scheme in the media landscape is critical thinking, whose lack results in inability to choose the right guidelines in the flow of false information provided by various Media. The authors emphasize the role of the state, which, regarding the needs of the society, should enculturate the young generation, as well as exercise tight control over communication in the global web and publications in the Internet Media and social networks. One of the directions of the state’s policy is expanding the geography of information and communication technologies, and the other is ensuring information security of the young in general and adolescents in particular. To provide this, the state develops organizational and legal mechanisms aimed at protecting children from harmful information in the web, and requirements for the content, its expert evidence and government control. The article demonstrates the results of a study carried out by the authors to assess the current youth Media and their influence on criminality. The key criterion for selecting participants of the focus group was young age, since the young are the most active and the least protected players in the media landscape. The sampling was made by random choice in order to ensure equal opportunities for participation in the study.


1980 ◽  
Vol 24 (01) ◽  
pp. 60-65
Author(s):  
A. J. Smits ◽  
S. P. Law ◽  
P. N. Joubert

A wide range of experimental pressure distributions along axisymmetric bodies was compared with the results of Landweber's potential flow calculation method. Apart from certain viscous effects, some discrepancies were found, and it is shown that blockage corrections are of the right order to account for these discrepancies. The calculation method was also used to show that the pressure distribution over the nose of the body is largely independent of the tail shape, and vice versa.


Author(s):  
Andrew S Gold

This chapter discusses how the ‘stickler-enjoining’ account of equity has important limits. While many distinctive doctrines of equity can be understood to limit stickler behaviour, equity in fact often turns a blind eye to, and sometimes even enables, stickler behaviour. One can sort cases in which equity restrains sticklers from those in which it is indifferent to stickler behaviour if one attends to the role of the state in private litigation. Sometimes the state’s responsibilities require it to protect plaintiffs against sticklers. Other times, it requires it to protect the stickler, as a means, for example, of keeping as open as possible each person’s sphere of choices. Ultimately, the self-regarding account of equity sheds light on the question of the relationship between equity and justice: from the distinct perspective of the judgment, sometimes equitable justice is better than legal justice and sometimes legal justice is better than equitable justice.


Author(s):  
I Ketut Ngastawa

Paper that had the title: "Juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the Legal Protection for the Rights to be Eelected." This explores two issues: 1) how the legal protection of the settings selected in the state system of Indonesia ; 2) what are juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected. To solve both problems, this paper uses normative legal research methods. Approach being used is the statute approach, case approach, and a conceptual approach. Further legal materials collected were identified and analyzed using descriptive analysis techniques. Legal protection for the right to be elected in the state system of Indonesia can be traced from the 1945 opening, the articles in the body of the 1945 Constitution, Article 27 paragraph (1), Article 28D (1) and paragraph (3) and Article 28 paragraph (3) 1945 Second Amendment, MPR Decree Number XVII/MPR/1998, Article 43 of Law Number 39 of 1999, Article 21 of the Universal Declaration of Human Rights, and Article 25 of the International Covenant  on Civil and Political Rights. Discussion of the juridical implications of the Constitutional Court Decision Number 011-017/PUU-I/2003 on the legal protection for the rights to be elected have been included: a) only on the juridical implications of representative institutions no longer marked with specified requirements as stipulated in Article 60 letter g of Law Number 12 Year 2003 in Law Number 10 Year 2008; b) juridical implications of the political field for the right to be elected is the absence of any discriminatory treatment in legislative product formed by the House of Representatives and the President as well as products of other legislation forward.


Author(s):  
Tong-Keun Min

I attempt to look into the issue of the ranks of values comprehensively and progressively. Anti-values can be classified into the following six categories by ascending order: (1) the act of destroying the earth-of annihilating humankind and all other living organisms; (2) the act of mass killing of people by initiating a war or committing treason; (3) the act of murdering or causing death to a human being; (4) the act of damaging the body of a human being; (5) the act of greatly harming society; (6) all other crimes not covered by the above. Higher values can be classified into the following five categories in descending rank: (1) absolute values such as absolute truth, absolute goodness, absolute beauty and absolute holiness; (2) the act of contributing to the development and happiness of humankind; (3) the act of contributing to the nation or the state; (4) the act of contributing to the regional society; (5) the act of cultivating oneself and managing one's family well. Generally, people tend to pursue happiness more eagerly than goodness, but because goodness is the higher value than happiness, we ought to pursue goodness more eagerly. In helping people to get the right sense of values and to internalize it, education and enlightenment of citizens based on the guidance of conscience rather than compulsion will be highly effective.


Theoria ◽  
2019 ◽  
Vol 66 (159) ◽  
pp. 23-51
Author(s):  
Richard A. Lee Jr.

In Defensor Pacis Marsilius of Padua grounds the legitimacy of the kingdom, or the state (civitas), on the peace that rule provides the citizens. Looking at Aristotle’s claim that the civitas strives to be like an animal in which all parts in the right proportion for the sake of health, Marsilius argues that ‘the parts of the kingdom or state will be well disposed for the sake of peace [tranquilitas].’ Marsilius goes on to define peace as the agreeable ‘belonging together’ of all members of the kingdom or the state. In this way, Marsilius moves away from a theological ground of the legitimacy of the state towards one that is entirely secular. However, the ground is an unstable one in that it acknowledges the fact that the ‘members’ of the body politic are characterised by difference. As such, the ground of legitimate authority will be characterised as much by force as by peace or by the relation of force to peace.


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