scholarly journals THE CONFLICT RULE “LEX POSTERIOR” IN ARMENIAN LAW

2020 ◽  
Vol 24 (4) ◽  
pp. 1224-1239
Author(s):  
Artur S. Ghambaryan
Keyword(s):  
Legal Norm ◽  
Roman Law ◽  
Conflict Rule ◽  
Conflict Of Laws ◽  
Philosophical Basis ◽  
The People ◽  
Points Of View ◽  
The Republic ◽  
New Generation ◽  
Legal Force

The rule Lex posterior derogat legi priori (the later law cancels the earlier one) has a universal doctrinal meaning. The preservation of this principle over the centuries shows its importance and axiomatic character. However, the situation in the Armenian practice is different. This article discusses the legality of the conflict of laws rule of the RA Law On Normative Legal Acts, according to which, in the event of a conflict between the earlier and later laws in force, the earlier law applies. The author investigates the conflict rule Les posterior from comparative-legal and historical points of view, and concludes that the regulation provided by the RA Law On Normative Legal Acts contradicts the laws of dialectics, and axiomatic truths, reflected in Roman law, thus, it is essential to revise it. The philosophical basis of the new law abolishes the old rule is the law of the dialectics denial of the denial, which gives high authority and value to the Lex posterior rule. The rule Lex posterior is the means of ensuring the Constitutional freedom of generations. Freedom of generation implies that the new generation is free from the rules established by previous generations and is free to change them. In addition, a law written later must prevail over earlier laws, based on the principle of democracy by the people. Before Lex posterior derogat legi priori law is fixed in practice, in case of conflict between the old and the new norms that have equal legal force, the highest Courts of the Republic of Armenia should give preference to the legal norm that came into force later.

Constitutional Incorporation of the (Collective) Freedom to Govern Mineral Wealth: Comparing the Democratic Republic of the Congo and the Republic of Zambia

2020 ◽  
Vol 28 (1) ◽  
pp. 1-29
Author(s):  
Alexandra Carleton
Keyword(s):  
Natural Resources ◽  
Democratic Republic ◽  
Mineral Wealth ◽  
The People ◽  
Republic Of The Congo ◽  
The Republic

Constitutionalism may be gaining ascendancy in many countries in Africa. Yet thorough investigation of the extent to which current constitutions accord to the people their internationally recognised right to governance of their mineral wealth under Article 1(2) of the ICCPR has been lacking. Understanding the existing framework of rights which may support claims to land and natural resources is important. Constitutions of the Democratic Republic of the Congo and the Republic of Zambia demonstrate the reality of multiple, overlapping land interests and the limitations upon a people's claim to freely govern their mineral wealth.

scholarly journals “People”, “Peoples” - How the May 3, 1791 Constitution framers defined what the People is and handled the duality of the Commonwealth of the Two Nations

2019 ◽  
Vol 2 (1) ◽  
pp. 96-107
Author(s):  
Arnaud Parent
Keyword(s):  
Political Tradition ◽  
The People ◽  
Legal Texts ◽  
The Republic ◽  
Grand Duchy Of Lithuania ◽  
Grand Duchy

AbstractIn the Commonwealth of the Two Nations, significant legal texts were implemented under the rule of King Stanislaw August, the most important being the Constitution of May 3, 1791, adopted during the Four-Year Sejm (1788-1792). Its framers faced numerous challenges, first, because then only nobles were considered as constituting the Republic, one was to define who should be considered as a member of the People, who could be elected deputy to the Sejm, and at which condition. Second, since the 1569 Union of Lublin the Commonwealth is made of two distinct states: Poland (the Crown) and the Grand-Duchy of Lithuania, drafters had to handle Lithuanian statehood in a Constitution, which was primarily seen as a way to enhance unification of the two nations. Third, the Grand-Duchy of Lithuania having its own legislation, enclosed in the Lithuanian statute, (adopted in 1529, followed with a Second Statute in 1566, and a Third Statute in 1588), the question of its maintaining or not too had to be taken into consideration by framers. We hope that considering how these different issues were handled will shed a new light on the permanence of Lithuanian laws and political tradition in the May 3 Constitution.

Condicio supervacua and related conditions 
in Roman law

2015 ◽  
Vol 83 (1-2) ◽  
pp. 77-106
Author(s):  
Veronika Kleňová ◽  
Zdenko Takáč
Keyword(s):  
The Other ◽  
Legal Norm ◽  
Roman Law ◽  
Legal Situation ◽  
Legal Effect ◽  
Proper Condition ◽  
Legal Opinion

The article deals with the conditions that did not have the legal effect of a ‘proper condition’. The authors distinguish these conditions from a ‘proper condition’ pointing out that the distinguishing feature is an ‘uncertainty’ carried by the condition. Firstly, the authors focus their attention on the condicio supervacua – the term is explicitly used only by Pomponius in the case of legacies. It did not have the effect of a ‘proper condition’, because the uncertainty expressed by the condition already resulted from the legal norm itself. It was an explicitly expressed condicio iuris pursuant to the modern definitions of the term. The authors analyze and compare various cases that seemingly deal with condiciones iuris too. The analysis makes it clear that they were regarded as supervacuae, unless the testator changed the legal situation in some way through their expression. He had to insert some new uncertainty that did not result from the legal norm itself. The other kind of condition that the article deals with is condicio institutionis/substitutionis expressly re-applied to a legatum. This condition is different from condicio supervacua, because in this case the new uncertainty was added by the testator himself. Despite some doubts, the legal opinion which prevailed in Roman law was that such a condition did not have the effect of a ‘proper condition’ in relation to a legacy. The reason is that even if the testator re-applied the condition of institution also to a legacy, he extended only the uncertainty of aditio hereditatis and did not insert any new uncertainty into the legacy itself.


National Customs and Traditions in the Educational Process for Primary School Students

2020 ◽  
pp. 84-91
Author(s):  
Malik Gabdullin
Keyword(s):  
Cultural Values ◽  
Educational Process ◽  
Educational Institutions ◽  
School Students ◽  
The People ◽  
Social And Economic Development ◽  
Comprehensive Development ◽  
Depth Study ◽  
The Republic ◽  
High Level

The main direction of the educational process is to develop the education system in accordance with the strategic directions of social and economic development of the republic, integrating it into the world educational space, preserving its national essence through the use of national customs and traditions, as well as cultural values, creating conditions for the formation of a personality in the national spirit, development of a high level of outlook and creative potential of the personality, cognitive competences. The implementation of these tasks requires a review of the content of the educational process in the country's schools from a new methodological standpoint, based on the use of elements of national customs and traditions. Such a new methodological system shows the need for radical changes in the traditional educational process, the development of a creative approach to teaching, and the updating of the content of education on a national basis.In the modern period of the development of society in the educational process of educational institutions the principle of education is implemented, taking into account the comprehensive development of students, such a system of education and upbringing provides an opportunity for the formation of cultural and ethnic identity, it is aimed at an in-depth study of the spiritual culture of the people and the ability to connect it with modern values. This system of education and training is based on the link between national customs and traditions (customs and traditions related to children's upbringing, household customs and traditions, social customs and traditions) and the educational process.

ՀԱՆՐԱՅԻՆ ԿԱՌԱՎԱՐՄԱՆ ՔԱՂԱՔԱԿՐԹԱԿԱՆ ՈՒ ՔԱՂԱՔԱԳԻՏԱԿԱՆ ԿԱԶՄԱԿԵՐՊՄԱՆ ՀԻՄՆԱԽՆԴԻՐՆԵՐԸ

2021 ◽  
pp. 118-139
Author(s):  
Yuri Suvaryan
Keyword(s):  
Public Administration ◽  
The Political ◽  
Business Elite ◽  
Analytical Thinking ◽  
The People ◽  
Science Diplomacy ◽  
Deep State ◽  
Scientific Principles ◽  
The Republic ◽  
State And Local

CIVILIZATION AND POLITOLOGICAL PROBLEMS OF THE ORGANIZATION OF PUBLIC ADMINISTRATION Logically, according to historical experience, the security of the statehood of each country (nation), the efficiency of public administration are conditioned by the degree of development of the political-state administrative thought and by the level of civilization achieved. If the former is inferior to the latter, then under the influence of that factor the efficiency of public administration is significantly reduced. The statehood, the fate of the people, the possibility of living safely in its homeland are endangered. Therefore, it is necessary to prioritize the increase of public administration efficiency, in particular, to introduce scientific principles in the system of state and local selfgovernment, to develop the political culture of the society and the level of analytical thinking, to attach essential importance to the training of personnel in the fields of political science, diplomacy, international law, to conduct scientific reasearch in those areas with the aim of using the results obtained in making strategic management decisions to clarify the distribution of powers between the branches of government, and to enshrine in the necessary restraint and counterbalance structure. The so-called deep state is a guarantee of state security, effective management in the conditions of generalization, a counterbalancing factor directing the activities of the civil society. In the Republic of Armenia such a role can claim the Armenian Apostolic Church, the intellectual-mature business elite, the high-ranking officers of the army and the National Security Service.

POLITICAL ASPECTS OF RESEARCHING THE PROBLEM OF REGIONAL INTEGRATION:

2021 ◽  
Vol 74 (2) ◽  
pp. 102-107
Author(s):  
A. K. Kurmangali ◽  
Keyword(s):  
Political Science ◽  
Regional Integration ◽  
Integration Process ◽  
Points Of View ◽  
The Republic ◽  
Further Development ◽  
Eurasian Region

The article analyzes the theoretical and applied aspects of the issue of regional integration in political science. The authors made an attempt to analyze the nature and characteristics of the integration process in the Eurasian region. Various scientific points of view on the problem of integration are shown. The article compares the approaches to the study of regional integration presented in the article. In today's world. At the same time, the authors show possible prospects and further development of Eurasian integration in the context of the participation of the Republic of Kazakhstan.

The Role Of Legal Personnel In Raising Legal Awareness In The Society

2020 ◽  
Vol 02 (12) ◽  
pp. 52-55
Author(s):  
Amirov Zafar Aktamovich ◽  
Keyword(s):  
Educational Institutions ◽  
National Legislation ◽  
Foreign Experience ◽  
The People ◽  
Local Law ◽  
The Republic ◽  
Legal Training

This article analyzes the data provided by local law educational institutions and the Chamber of Advocates of the Republic of Uzbekistan, as well as national legislation of the Republic of Uzbekistan and foreign experience. Analysis showed critical lack of legal personnel in comparison with the people of the Republic of Uzbekistan at the lack of legal training a couple of times population. Concluding the research, proposals and recommendations to increase the number of lawyers in the country were given.

Criminological assessment of the identity of the offender serving a sentence of imprisonment for crimes related to drug trafficking for the purpose of sale (on the example of the Republic of Belarus)

2019 ◽  
pp. 28-34
Author(s):  
Светлана Михайловна Казакевич
Keyword(s):  
Drug Trafficking ◽  
Criminal Code ◽  
Correctional Institutions ◽  
Educational Work ◽  
Personal Qualities ◽  
Points Of View ◽  
The Republic ◽  
Definition Of ◽  
Illicit Drug Trafficking ◽  
Criminological Analysis

В статье проанализированы имеющиеся в научной литературе точки зрения относительно понятия «личность преступника», представлена авторская дефиниция личности преступника, совершающего преступления в сфере незаконного оборота наркотиков с целью сбыта. Криминологическому анализу подвергнуты осужденные, отбывающие наказание в виде лишения за преступления, связанные с незаконным оборотом наркотиков, по ч. 2, 3 ст. 328 Уголовного кодекса Республики Беларусь. По результатам проведенного эмпирического исследования выявлены особенности социально-демографического, медицинского, уголовно-правового и нравственно-психологического характера, присущие осужденным указанной категории. Обосновывается необходимость осуществления сотрудниками исправительных учреждений постоянного мониторинга личностных качеств осужденных за преступления, связанные с незаконным оборотом наркотиков с целью сбыта, и выработки на этой основе наиболее оптимальных вариантов проведения с ними индивидуальной воспитательной работы. Представлена авторская разработка криминологической модели личности преступника, отбывающего наказание в виде лишения свободы за преступления, связанные с незаконным оборотом наркотиков с целью сбыта. The article analyzes the points of view of scientists regarding the concept of “the identity of the criminal”, presents the author’s definition of the identity of the criminal who commits crimes in the sphere of illicit drug trafficking with a view to marketing. Convicted prisoners who are serving a sentence of deprivation for crimes related to drug trafficking, according to the following parts, are subjected to criminological analysis. 2, 3 tbsp. 328 of the Criminal Code of the Republic of Belarus. According to the results of the empirical research, the peculiarities of the socio-demographic, medical, criminal law, and moral-psychological nature of the convicts of this category were revealed. It justifies the need for employees of correctional institutions to continuously monitor the personal qualities of those convicted of crimes related to drug trafficking with a view to selling, and to develop on this basis the most optimal options for carrying out individual educational work with them. The author presents the development of a criminological model of the identity of a criminal who is serving a sentence of imprisonment for crimes related to drug trafficking with a view to selling.

Institutions of Ancient Roman Law

2018 ◽  
Author(s):  
Luigi Capogrossi Colognesi
Keyword(s):  
Western Mediterranean ◽  
Roman Law ◽  
Private Institutions ◽  
Public And Private ◽  
Family Wealth ◽  
Medieval Europe ◽  
History Of ◽  
The Republic ◽  
Unique Source ◽  
First Time

This chapter gives a rapid overview of the history of Roman public and private institutions, from their early beginning in the semi-legendary age of the kings to the later developments of the Imperial age. A turning point has been the passage from the kingdom to the republic and the new foundation of citizenship on family wealth, instead of the exclusiveness of clan and lineages. But still more important has been the approval of the written legislation of the XII Tables giving to all citizens a sufficient knowledge of the Roman legal body of consuetudinary laws. From that moment, Roman citizenship was identified with personal freedom and the rule of law. Following political and military success, between the end of IV and the first half of III century bce Rome was capable of imposing herself as the central power in Italy and the western Mediterranean. From that moment Roman hegemony was exercised on a growing number of cities and local populations, organized in the form of Roman of Latin colonies or as Roman municipia. Only in the last century bce were these different statutes unified with the grant of Roman citizenship to all Italians. In this same period the Roman civil law, which was applied to private litigants by the Roman praetors, had become a very complex and sophisticated system of rules. With the empire the system did not change abruptly, although the Princeps did concentrate in his hands the last power of the judiciary and became the unique source of new legislation. In that way, for the first time, the Roman legal system was founded on rational and coherent schemes, becoming a model, which Antiquity transmitted to the late medieval Europe.

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