scholarly journals TERMIN DO UZUPEŁNIENIA NALEŻNEJ OPŁATY PRZEZ PROFESJONALNEGO PEŁNOMOCNIKA W RAZIE WNIESIENIA ZAŻALENIA NA ZARZĄDZENIE O ZWROCIE POZWU

2016 ◽  
Vol 13 (3) ◽  
pp. 127
Author(s):  
Grzegorz Jędrejek
Keyword(s):  
Legal Principles ◽  
Civil Proceedings ◽  
The Law ◽  
The Republic ◽  
Right Of Access ◽  
Civil Recovery

THE TERM IN WHICH A PROFESSIONAL PROXY MUST MAKE THE REQUIRED PAYMENT FOR AN APPEAL AGAINST A RULING DISMISSING PROCEEDINGS Summary The aim of this paper is to answer the question whether the provisions of Art. 1302 § 2 of the Polish Civil Proceedings Code (k.p.c.) are applicable in the event of an appeal against a ruling to dismiss a case on grounds of non-payment of the court fee. Doubts have been raised on the admissibility of payment by a professional attorney within a term of seven days of the service of a court’s decision to dismiss a case. Under Art. 1302 § 2 k.p.c. the legislator has allowed for payment of the court fee due within a term of one week from the day on which notice is served on the court’s decision to dismiss the case. The position of the author of this paper is that the term of seven days provided for the remittance of the court fee due in the event of an appeal, as defined in Art. 1302 § 2 k.p.c., starts on the day notice is served on the court’s decision to dismiss a case. Any other position on the matter would be in breach of the legal principles at the root of an individual’s right of access to the law and his right to appeal, as guaranteed by the Constitution of the Republic of Poland, as well as in breach of the prohibition of reformationis in peius. The lodging of an appeal cannot lead to the dismissal of the civil recovery proceedings defined in Art. 1302 § 2 k.p.c.

scholarly journals Islamic Justice Perspective On Notary The Perpetrators Criminal Action

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 93
Author(s):  
Ira Alia Maerani
Keyword(s):  
Islamic Law ◽  
Code Of Ethics ◽  
Public Official ◽  
Legal Principles ◽  
Islamic Perspective ◽  
Criminal Sanctions ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
The Government

This study aims to find out to know the form of violations and witnesses to the notary position based on Law No. 2 of 2014 concerning the Position of Notary and the perspective of Islamic justice in viewing a notary who is indicated to have committed a crime in connection with an authentic deed he made.            This research uses normative law research or dogmatic law research using the doctrinal method. Normative legal research includes research on legal principles, research on legal systematics, research on vertical and horizontal synchronization stages, comparison of law and legal history.            This research concludes that the notary public is a public official who makes an authentic deed and has the authority as regulated in Article 15,16, 17 of Law No. 2 of 2014 concerning the Position of Notary Public. The notary is obliged to act on trust; honest; independent; objective and safeguard the interests of parties involved in legal actions. Notaries in carrying out their duties and positions if convicted of violations, may be subject to sanctions or sanctions in the form of civil, administrative, and notary code of ethics in accordance with Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Positions. Even so, the Notary Position Law does not regulate criminal sanctions against Notaries. Whereas in practice there is an opportunity for a legal action or violation by a notary related to an authentic deed he made that can be qualified as a criminal offense. A notary who is indicated to have committed a crime in carrying out his authority as a Public Official, of course, must be a concern of the government and law enforcement because the law must be upheld against anyone who commits indiscriminate violations. This rule is a manifestation of the principle of "equality before the law" (equality before the law) which is a fundamental element in the concept of the rule of law. Honesty values; keep the mandate; fair; and this objective is synergistic with the values of justice in an Islamic perspective that promotes justice and problems. Described in the Qur'an An-Nisa verses 58 and 135 and QS. Al Ma'idah verse 8. Islamic law also regulates justice in recording a deed, for example just in recording accounts receivable debts (Q.S. Al Baqoroh: 282)Keywords: Islamic Perspective; Justice; Notary Public; Perpetrators; Criminal Act

scholarly journals Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions

2021 ◽  
Vol 80 (1) ◽  
pp. 55-61
Author(s):  
О. Ю. Прокопенко ◽  
В. І. Кравцов
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Principles ◽  
Civil Proceedings ◽  
The Status ◽  
The Law ◽  
Executive Agencies ◽  
Enforcement Activity

The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities. The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office. The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community. Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.

scholarly journals Abigeatus – mājlopu zādzība jeb aizdzīšana – kā noziedzīgs nodarījums pret īpašumu romiešu tiesībās

2021 ◽  
Vol 1 (19) ◽  
pp. 67-75
Author(s):  
Allars Apsītis ◽  
Osvalds Joksts
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Roman Law ◽  
Primary Sources ◽  
Legal Principles ◽  
Current Article ◽  
The Law ◽  
The Republic ◽  
The Impact

Rakstā atspoguļoti atsevišķi rezultāti no autoru realizētās romiešu tiesību pirmavotu izpētes saistībā ar tajos atrodamo informāciju par noziedzīgiem nodarījumiem pret īpašumu, kas mūsdienu Latvijā kriminalizēti Krimināllikuma 175. pantā “Zādzība”, 176. pantā “Laupīšana” un 179. pantā “Piesavināšanās”. Apskatīta un analizēta tiesiskā reglamentācija attiecībā uz abigeatus – mājlopu zādzību jeb aizdzīšanu, kas tika uzskatīta par bīstamāku un smagāku nodarījumu nekā parasta zādzība (lat. furtum) un tāpēc bargāk sodīta. Aplūkoti arī minētā noziedzīgā nodarījuma kvalifikācijas un sodīšanas politikas legālie kritēriji romiešu tiesībās. Saskaņā ar autoru informāciju Latvijas pētnieki šo tematiku visai maz apskatījuši, un pētījums varētu dot zināmu ieguldījumu nacionālās tiesību zinātnes attīstībā, īpaši jautājumā par romiešu tiesību principu ietekmi uz Latvijas Republikas normatīvajos aktos ietvertajiem mūsdienu tiesību institūtiem. The article deals with the results of research performed on the primary sources of the Roman Law regarding offences against property contemporaneity criminalised in the Criminal Law (Sections 175. Theft, 176. Robbery, 179. Misappropriation) of modern-day Latvia. It describes and analyses the Roman Law legal regulation regarding abigeatus – the offence of cattle stealing or “rustling” which was considered as a more dangerous and serious offense than ordinary theft (furtum) and therefore more severely punishable. According to the information in the possession of the authors, Latvian researchers have not yet in particular studied the current theme, and the publications in the Latvian language have not been detected yet. Accordingly, the current article could provide certain contributions to the development of the national field of law, especially regarding the impact of Roman legal principles on the development of modern legal institutes incorporated in the law of the Republic of Latvia.

scholarly journals Justification of the Citizens’ Right of Access to Public Passenger Transport Services by the Human Rights to Mobility and Equality Before the Law

2021 ◽  
Vol 19 (1) ◽  
pp. 149174
Author(s):  
Branko Korže ◽  
Ivana Tucak
Keyword(s):  
Human Rights ◽  
Social Ethics ◽  
Passenger Transport ◽  
Human Right ◽  
Transport Services ◽  
The Law ◽  
Principles Of Justice ◽  
The Republic ◽  
The Right ◽  
Right Of Access

As opposed to authors who strive to justify the right of access to public passenger transport services of citizens predominantly on the principles of justice deriving from social ethics, the authors of this article justify the right of such access on the human rights to mobility and equality before the law, as the rights based on international legal acts, whereas the principles of fairness are used to upgrade the human right to equality and prohibition of discrimination. Based on the rights to mobility and equality before the law, the authors justify an obligation of democratic states to introduce a law to provide for people an adequate access to public passenger transport services at the interurban and urban level. The theoretical findings established herein will serve as a basis to evaluate legal regulations in the selected states (the Republic of Slovenia and the Republic of Croatia), and create proposals to change the same.

scholarly journals TRIAL WITHIN A REASONABLE TIME IN CIVIL PROCEEDINGS IN THE REPUBLIC OF SERBIA

2021 ◽  
pp. 123-133
Author(s):  
GORAN STAMENKOVIĆ
Keyword(s):  
Judicial System ◽  
Combined System ◽  
Reasonable Time ◽  
Legal Standard ◽  
Civil Proceedings ◽  
Significant Step ◽  
The Law ◽  
Court Proceedings ◽  
The Republic ◽  
The Right

Trial within a reasonable time is a legal standard established to shorten lengthy court proceedings that have become a global problem. Their purpose is to create the most efficient judicial system possible without compromising the principle of fairness. A significant step towards that goal is the Law on the Protection of the Right to Trial within a Reasonable Time, which was passed in the Republic of Serbia in 2015. By applying this law, a combined system of protection of this right was adopted, in which protection is realized during the duration of the procedure but also after the end of the procedure. The aim of this paper is to consider the level of protection of this right in Serbia due to the adoption of the Law on Protection of the Right to Trial within a Reasonable Time.

scholarly journals ANALISIS HUKUM PENGEMBANGAN POTENSI WISATA PANTAI JAYANTI CIANJUR TERHADAP KEWENANGAN PEMERINTAH KABUPATEN CIANJUR

2019 ◽  
Vol 5 (1) ◽  
pp. 14
Author(s):  
Asep Hasanudin
Keyword(s):  
Local Governments ◽  
National Development ◽  
Regional Government ◽  
Short Term ◽  
Legal Principles ◽  
The Law ◽  
The Republic ◽  
Tourism Potential

This study aims to describe the form of policies, problems encountered, and efforts that must be developed by the Regional Government of Cianjur Regency in the Development of Jayanti Tourism Potential as a tourism asset. The method of approach used in this research is Normative Jurisprudence, namely by studying and reviewing the principles of law, especially positive legal principles derived from existing literature from legislation and provisions, especially relating to tourism. Tourism is a temporary and  short-term  transformation  of  people  towards  destinations  outside  the  place where they live and work. With the Law of the Republic of Indonesia Number 10 of 2009 Concerning Tourism and bearing in mind that Tourism is an inseparable part of national development, the tourism potential of the Jayanti coast really needs to be given more attention by local governments to be developed, in order to improve the economy of Cianjur regency to be more prosperous.Keywords: Development; Tourism; Jayanti Tourism Potential; Tourism Potential.

scholarly journals INTERPRETASI MAHKAMAH KONSTITUSI TERHADAP PENGUJIAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG

2019 ◽  
Vol 4 (2) ◽  
pp. 97
Author(s):  
Anwar Hafidzi ◽  
Panji Sugesti
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
Constitutional Court ◽  
Literature Study ◽  
Legal Norms ◽  
Legal Principles ◽  
State Institutions ◽  
General Elections ◽  
The Law ◽  
The Republic

Abstract: The Constitutional Court of the Republic of Indonesia has 4 (four) authorities and one obligation, as for those authorities, namely: (1) The Constitutional Court has the authority to adjudicate at the first and last level whose decisions are final to test the Law against the Constitution, (2) decide authority disputes of State Institutions whose authority is granted by the Constitution, (3) decide upon the dissolution of political parties, (4) and decide upon disputes about the results of general elections. The obligations, namely the Constitutional Court is obliged to give a decision on the opinion of the House of Representatives regarding the alleged violation by the President and / or Vice President. Beyond the specified authority, the Constitutional Court has increased its authority to test the Substitute Government Regulations. The research method used in this study is a type of normative legal research that is a literature study or documentary, by examining theories, concepts and legal principles. The results of this study found that there is indeed no rule that gives the Constitutional Court authority to test regulation in lie of law, but the Constitutional Court has the consideration that the legal norms contained in the Perppu are the same as the Law. The results of this study are that the interpretation used by constitutional justices to test Perppu is a teleological and sociological interpretation.Keywords: Interpretation; Test; PERPPU; Constitutional Court.

BASIC REGULATIONS OF ACCESS TO PUBLIC INFORMATION AT THE CONSTITUTIONAL AND STATUTORY LEVEL IN THE LEGAL ORDER OF EUROPEAN UNION MEMBER STATES

2021 ◽  
Vol 2 (XXI) ◽  
pp. 37-52
Author(s):  
Patrycja Tyborowska
Keyword(s):  
European Union ◽  
Public Life ◽  
Public Information ◽  
The State ◽  
Access To Information ◽  
Member States ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Right Of Access

Openness of public life is a pillar of civil society development Openness of public authority is a key condition for the functioning of democracy in the state, it is a fundamental value of the rule of law and a multiplier of social control. The essence of the right to public information in the Polish legal system is the fact that it is regulated in the Basic Law. Establishing the right to public information on the pages of the Constitution of the Republic of Poland enabled the citizens to its direct application. According to Article 61 of the Constitution of the Republic of Poland, the activities of public authorities in Poland are open and every citizen has the right of access to information. The concept of openness of public life and the right of access to information are understood as a citizen’s privilege to information on matters relating to the activities of government, the implementation of public tasks and the functioning of the state. Access to public information is also one of the forms of civic activity, which contributes to the development of democracy at both local and central level. In Poland, the continuation of the principle of openness and the right of access to public information, regulated by the Constitution, is provided for in the Act on Access to Public Information of 6 September 2001. The act defines what constitutes public information, distinguishes entities obliged to provide it and presents forms of providing access to and requesting public information. A review of Polish academic literature reveals a multitude of studies on openness of public life and access to public information. However, it also indicates the lack of exhaustive titles, constituting an analysis of this matter on the basis of the law of the Member States of the European Union. Therefore, the aim of this article, which has a source character, is to present the way of regulating access to public information, including both constitutional and statutory level. The starting point for the solutions in this study will be the contents of the constitutions of the Member States and the laws regulating access to public information in their current wording. The research will also include literature analysis. Due to the adopted concept, the subject of comparison will be selected issues that provide answers to the questions of whether access to public information has been regulated in the provisions of the constitution and how the notion of public information is defined in the law, as well as whether the statutory regulations constitute a development of the constitutional norms.

IN NOVUM RESTRICTION IN LITHUANIAN CIVIL PROCEDURE LAW

2021 ◽  
Vol 11 (5) ◽  
pp. 260-275
Author(s):  
V. NEKROŠIUS
Keyword(s):  
Case Law ◽  
Civil Procedure ◽  
Daily Work ◽  
Civil Proceedings ◽  
Long Time ◽  
The Law ◽  
The Republic ◽  
Grand Duchy Of Lithuania ◽  
The Right ◽  
Court Of First Instance

This article examines a relatively new institute of Lithuanian civil proceedings – legal restrictions on the late submission of evidence in both first instance and appellate courts. These restrictions were first established in the new Civil Procedure Code (CPC) which was adopted by Seimas of the Republic of Lithuania on 28 February 2002 (entered into force on 1 January 2003). Until then such restrictions in Lithuanian civil procedure law were not known from the time of famous Statutes of the Grand Duchy of Lithuania. Therefore, it seems natural that this innovation has paved the way for its real application in the courts for more than a decade. This article provides a consistent analysis of the case law (starting with the rulings of the Supreme Court of Lithuania in which the restrictions established in the law were practically denied, and up to the rulings of the last year, which already recognized the right of the courts in certain cases to refuse to accept evidence which was submitted too late). This article also reveals the aims of the CPC authors which were aimed at establishing the first instance court’s right to refuse to accept evidence which was submitted too late and system of limited appeal which establishes a general prohibition (with certain exceptions) to present evidence that was not examined in the court of first instance. One of the most important aims is the concentration of the proceedings, the prevention of abuse of procedural rights and the establishment of the first instance as the main judicial instance. The appeal procedure in the new CPC is already regarded not as a repetition or continuation of the proceedings at first instance, but as a review of the legality and validity of an existing, albeit unenforced, decision of the court of first instance. The author acknowledges that although it took a long time for the relevant provisions of the law to be actually applied in the case law, today their application is already noticeable in the daily work of courts. This leads to the conclusion that Lithuanian courts have adapted to the new CPC system and its philosophy.

Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives

2017 ◽  
Vol 10 (2) ◽  
pp. 131
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Social Protection ◽  
National Level ◽  
Gender Based Violence ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Gender Based

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.

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