scholarly journals LIKWIDACJA GMINNEJ SZKOŁY SAMORZĄDOWEJ - WYBRANE PROBLEMY PRAWNE

2017 ◽  
Vol 7 (2) ◽  
pp. 185
Author(s):  
Magdalena Czuba-Wąsowska
Keyword(s):  
Local Government ◽  
Main Idea ◽  
Legal Issues ◽  
Constitutional Rights ◽  
Government Body ◽  
Theoretical Issues

A Liquidation of a Municipal School. Selected Legal AspectsSummaryThe main idea of the article concerns legal issues connected with the liquidation process of a school the founding body of which is a local government. This inter alia includes theoretical issues conceming self governing powers of a local government, a subsidiary rule, as well as theoretical and practical aspects of a supervision over a local government. The idea of a school conducted by a local government and its liquidation is explained in detail, including adoption of a resolution on liquidation, notification of an intention to liquidatethe school addressed to the bodies specified by the statute, the opinion of a school supervising authority, as well as adoption of a final resolution on liquidation (in case of obtaining permission from the school supervising authority). The article also covers a number of judicialdecisions, including most recent verdicts on this matter. The article presents conclusions de lege lata and de lege ferenda concerning actions to be undertaken in the process of the liquidation, as well as the duties of a local government body which conducts the school in respect of protecting constitutional rights of the pupils from the liquidated school.

scholarly journals Legal Issues of Assisted Reproduction- the Albanian Perspective

2014 ◽  
Vol 1 (1) ◽  
pp. 179
Author(s):  
Jonada Zyberaj
Keyword(s):  
Assisted Reproduction ◽  
New Technologies ◽  
Family Law ◽  
Legal Issues ◽  
Legal Issue ◽  
Constitutional Rights ◽  
Human Right ◽  
European Court ◽  
Legislative Changes ◽  
State Liability

Assisted reproduction was provided in Albania as an alternative way of reproduction by the "Reproductive Health" law of 2002. This law is an attempt to give the possibility of access in new technologies of reproduction as surrogacy, heterologues and homologues artificial reproduction to infertile persons, but since the enter into force of this law no further provisions has been made to regulate the procedures and the consequences coming from its applicability. The issue of assisted reproduction is still a subject of debate and of legislative changes as it is still not completely regulated by law. in this important issue, constitutional rights of different individuals, different interests and family law principles are involved. Ethical, scientific and legal factors are those which should be taken into consideration by the legislator in the attempt to make further legislative provisions. This paper analyses the few provisions on the assisted reproduction in the Albanian legislation. As a concept which implicates many institutions in different fields, the paper aims to give the Albanian perspective on different legal issues related to the topic. The reproductive right as human right and the state liability to ensure it through the health care system should be analyzed according to the Albanian Constitution and the European Court of Human Rights. The consequences of the ART on the family law is another legal issue with which the Albanian legislator has to deal with as the implementation of the techniques on assisted reproduction was not accompanied by the necessary changes in the provisions of family law. The legislations of different European countries which have the best experiences on the field will be put face to face and compared in order to give the best practices.

The Local Government Body Member and the Local Government Employee as a Passive Bribery Offender under Polish Criminal Law

2020 ◽  
Vol 18 (2) ◽  
pp. 433-448
Author(s):  
Marek Kulik
Keyword(s):  
Local Government ◽  
Criminal Law ◽  
Legal System ◽  
Penal Code ◽  
Government Employee ◽  
The Public ◽  
System A ◽  
The Status ◽  
Government Body

The study addresses the status of a local government body member and a local government employee as a person holding a public function in the meaning of Polish criminal law. In the Polish legal system, a person who holds a public function may be held criminally liable for passive bribery (bribe accepting) defined in Article 229 of the Polish Penal Code.  Pursuant to Article 115 § 19 PC, a public officer and persons belonging to several other categories are persons holding a public function, while  Article 115 § 13 PC defines the public officer by detailed enumeration of specific persons. The study provides an analysis of these concepts in view of the provisions governing the status of local government officers and persons employed with local government organisational units.

scholarly journals 7.1. METHODICAL ASPECTS OF EVALUATING THE INFORMATION OPENNESS OF A LOCAL SELF-GOVERNMENT BODY

2020 ◽  
Author(s):  
А.Г. Атаева ◽  
А.В. Дунаева
Keyword(s):  
Social Networks ◽  
Local Government ◽  
Local Governments ◽  
Russian Regions ◽  
Organization Of Work ◽  
The Media ◽  
The Government ◽  
Government Body ◽  
Comprehensive Indicator

В статье анализируется опыт регионов Российской Федерации по оценке информационной открытости органов государственной власти и органов местного самоуправления. Предлагается комплексный показатель информационной открытости органа местного самоуправления, который включает в себя сводные показатели работы органа власти с населением, качества и посещаемости официального сайта, активности работы органа власти в социальных сетях, качества организации работы со средствами массовой информации, удовлетворенности населения информационной открытостью. The article analyzes the experience of Russian regions in assessing the informational openness of state authorities and local governments. A comprehensive indicator of the information openness of the local government is proposed, which includes summary indicators of the work of the government with the population, the quality and attendance of the official website, the activity of the government on social networks, the quality of the organization of work with the media, and public satisfaction with information openness.

scholarly journals ZNACZENIE SAMORZĄDÓW W OCHRONIE ZABYTKÓW. PROPOZYCJE ZMIAN

2016 ◽  
pp. 71-76
Author(s):  
Małgorzata Gwiazdowska
Keyword(s):  
Local Government ◽  
Historic Preservation ◽  
State Government ◽  
Complete Solution ◽  
Regional Scale ◽  
Legal Regulations ◽  
Administration System ◽  
Legal Situation ◽  
Government Body ◽  
The One

Changes made to the administration system in Poland in the years 1989–1990 were aimed at decentralising state government and increasing the importance of local government bodies. The author of this article reckons that this idea has not been reflected in the Polish body of law yet. There are no legal regulations provided in the provisions of law – not only in terms of the legal situation of historic preservation offices but also with regard to deciding what should fall under the authority of local government bodies. Scope of duties of local government historic preservation officers working in separate offices should be similar to the one that individual departments have. Moreover, authority should no longer be granted on discretionary basis. A principle should be therefore formulated that everything what comes within the competence of historic preservation officers must comply with statutory legislation. If a local government body wants to be delegated either full or partial authority, it should prove that it has both organisational and financial capacity to exercise it. We should therefore work towards a complete solution which would be practical and possible to adopt on both state and regional scale.

scholarly journals TO THE QUESTION ABOUT THE PROBLEMS OF SPHERE GOVERNANCE LAND AND PROPERTY RELATIONS BY LOCAL GOVERNMENT BODIES IN RUSSIA

Globus ◽  
2021 ◽  
Vol 7 (4(61)) ◽  
pp. 50-52
Author(s):  
Yunona Alekseevna Koshmelyuk ◽  
Vladislav Evgenievich Savelo
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Legal Issues ◽  
Property Relations ◽  
Ownership Of Land

The authors propose to consider some problems in the management of land and property relations by local governments with the proposal of their views on both civil legal conditions and criminal legal issues of qualifying crimes when granting ownership of land plots by local governments.

The Relevance of Islamic Law to Non-Muslims in Muslim Juridical Sources

2021 ◽  
Vol 60 (1) ◽  
pp. 9-30
Author(s):  
Amr Osman
Keyword(s):  
Everyday Life ◽  
Islamic Law ◽  
Real Life ◽  
Legal Issues ◽  
Legal Systems ◽  
Islamic Jurisprudence ◽  
Theoretical Issues

A standard question in early and medieval works of uṣūl al-fiqh (the theory and principles of Islamic jurisprudence) was whether non-Muslims were addressed by the specific rules of Islamic law and meant to abide by them. Despite some evidence that it was rooted in legal issues that early Muslim societies faced, a later trend in uṣūl al-fiqh turned it into a rather pedantic subject irrelevant to real life in these societies, as some notable Muslim jurists believed it to be. By examining how the question was discussed prior to the rise of the Ottoman and modern legal systems, this article argues that it likely originated in early discussions of real cases from everyday life in Muslim societies, an origin that was later obscured by abstract legal and theological discussions that nearly severed it from that early context and turned it into an offshoot of broader, mostly theoretical issues. This study examines that likely origin of the question, which contributes to our understanding of not only the question itself, but also the extent to which issues of uṣūl al-fiqh were related to actual considerations, even when they seemed only part of theoretical debates.

MUNICIPAL PROGRAM OF CARE FOR HOMELESS ANIMALS AND PREVENTION OF ANIMAL HOMELESSNESS AS A LOCAL LAW ACT AGAINST THE BACKGROUND OF THE COURT DECISIONS

2021 ◽  
Vol 2 (XXI) ◽  
pp. 65-79
Author(s):  
Przemysław Kuczkowski
Keyword(s):  
Local Government ◽  
Court Decisions ◽  
Government Action ◽  
Animal Protection ◽  
Homelessness Prevention ◽  
Local Law ◽  
Government Body ◽  
Programme Of Care ◽  
Legal Consequences

The paper presents the issue of the municipal program of care for and prevention of homeless animals set out in Article 11a of the Act of 21 August 1997 on animal protection in the context of the possibility of ascribing to it the features of a local law act. The issue of correct qualification of the municipal program of care for homeless animals and prevention of homelessness and the realization of statutory norms authorizing to issue this act by the local legislator is an extremely important issue due to possible legal consequences in the form of invalidation of a resolution of a local government body with ex tunc effect. The author of the article focused in the first part on the characteristics of such a form of local government action as the act of local law, considering its characteristics on the basis of the provisions of law, doctrine and judicature. In the second part the author assessed the municipal program of care for homeless animals and prevention of homelessness through the prism of features characterizing the act of local law. The aim of the paper was to review and discuss essential features of the local law acts and to qualify the communal programme of care for homeless animals and homelessness prevention as the local law act against the background of the court decisions.

scholarly journals Reaktualisasi Ajaran Islam: Studi atas Pemikiran Hukum Munawir Sjadzali

2006 ◽  
Vol 44 (1) ◽  
pp. 223 ◽  
Author(s):  
Yunahar Ilyas
Keyword(s):  
Social Context ◽  
Social Life ◽  
Cultural Context ◽  
Main Idea ◽  
Current Situation ◽  
Legal Rule ◽  
Legal Issues ◽  
Legal Decision ◽  
Land Owners ◽  
Rational Thought

<p>Referring to Ibn Qayyim al-Jawziyya and Abū Yūsuf, Munawir Sjadzali says that it is necessary to make use of rational thought based on social context in reasoning and applying a legal rule. It is historical that Caliph ‘Umar has practiced this principle in connection with the case of land loot. Instead of taking the land of Syrians as loot, the Caliph ‘Umar took tax from the land owners and distributed the money for military. In another chance, Caliph ‘Umar stopped giving zakāh to mu’allaf group because there is no longer need to give them zakāh in the current situation, different from what Prophet Muhammad and Caliph Abū Bakr have practiced. According to Sjadzali, there are a lot of Islamic legal issues to which an intensive attention and contextualization should be drawn, such as the law of inheritance, zakāh for mu’allaf, bank interest, woman leadership, woman testimony, inter-religious marriage, non Muslim status, slavery, et cetera. The main idea of Sjadzali’s thought is the necessity to take social and cultural context of the society into account at comprehending, and then concluding a legal decision from, Quranic verses concerning with social life, though this will led to not apply the extrinsic meaning of those verses.</p>

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