scholarly journals Hungarian Civil Procedure Provisions during the state of danger

2021 ◽  
Vol 65 (3) ◽  
pp. 113-140
Author(s):  
László Pribula
Keyword(s):  
Human Resources Management ◽  
Civil Procedure ◽  
The State ◽  
Public Institution ◽  
The Public ◽  
Procedure Code ◽  
History Of ◽  
History Of Law ◽  
The Government ◽  
Court Proceeding

In March 2020, the Hungarian civil procedure faced an extraordinary challenge by the unpredictable but widely threatening Covid-19 epidemic, which necessitated the introduction of provisions as effective as possible to protect public health. The task was challenging because the public does not only expect the courts to settle the legal disputes righteously, but, based on a century-long development in the history of law, the requirement of verbal and direct hearings has become of accentuated importance. The traditional model of civil cases centres around the public institution of hearings with the simultaneous presence of the judge, the parties, and their representatives, as well as other actors in the case. Simultaneously, the legislator accentuated the importance of concentrated and rapid case management, especially in the past few years. The extraordinary situation caused by the epidemic might have raised the complete close-down of courts. But, as there is no court proceeding without hearings, this solution could not have been acceptable by either the parties seeking to assert their rights or by court employees for reasons of human resources management, as the judgements of legal disputes would have been postponed for an undefined period. The interests of both the citizens seeking justice and the court employees could be fulfilled by a solution that created the conditions of uninterrupted jurisdiction and the avoidance of personal contacts to protect their health. After a necessary period of preparation resulting from the unexpected situation, this extremely difficult issue was solved by the Government Decree 74/2020 (from 31 of March), officially abbreviated as Veir., which did not abrogatethe generally effectual procedure rules, but merely adjusted them to the specificities of the crisis situation. The same happened to the civil procedure too. During the period of the state of danger, in contentious (and noncontentious) cases, depending on the date of bringing of the action, the regulations of either Act III of 1952 (the 1952 Civil Procedure Code, henceforth 1952 Pp.), in force until the 31 of December 2017, or Act CXXX of 2016 (the current Civil Procedure Code, hereafter Pp.), in power from the 1 of January 2018, were applicable, with the amendments included in the government decrees. This different regulation formed the special state of danger procedure law to mitigate the consequences of the epidemic.

The 1912 Duma Elections: The State, the Opposition and the Clergy

Orthodoxia ◽  
2021 ◽  
pp. 111-124
Author(s):  
F. A. Gayda
Keyword(s):  
The State ◽  
Election Campaign ◽  
Difficult Situation ◽  
The Public ◽  
The Press ◽  
History Of ◽  
The Government ◽  
The Russian Empire ◽  
First Time ◽  
The Church

This article deals with the political situation around the elections to the State Duma of the Russian Empire in 1912 (4th convocation). The main actors of the campaign were the government, local administration, liberal opposition and the clergy of the Orthodox Russian Church. After the 1905 revolution, the “official Church” found itself in a difficult situation. In particular, anti-Church criticism intensified sharply and was expressed now quite openly, both in the press and from the rostrum of the Duma. A consequence of these circumstances was that in this Duma campaign, for the first time in the history of Russian parliamentarianism, “administrative resources” were widely used. At the same time, the authorities failed to achieve their political objectives. The Russian clergy became actively involved in the election campaign. The government sought to use the conflict between the liberal majority in the third Duma and the clerical hierarchy. Duma members launched an active criticism of the Orthodox clergy, using Grigory Rasputin as an excuse. Even staunch conservatives spoke negatively about Rasputin. According to the results of the election campaign, the opposition was even more active in using the label “Rasputinians” against the Holy Synod and the Russian episcopate. Forty-seven persons of clerical rank were elected to the House — three fewer than in the previous Duma. As a result, the assembly of the clergy elected to the Duma decided not to form its own group, but to spread out among the factions. An active campaign in Parliament and the press not only created a certain public mood, but also provoked a political split and polarization within the clergy. The clergy themselves were generally inclined to blame the state authorities for the public isolation of the Church. The Duma election of 1912 seriously affected the attitude of the opposition and the public toward the bishopric after the February revolution of 1917.

scholarly journals Gelap-Terang Panca Sila: Otokritik Atas Teks Sejarah Yang Melenceng

2018 ◽  
Vol 15 (2) ◽  
pp. 393
Author(s):  
Susanto Polamolo
Keyword(s):  
The State ◽  
Primary Sources ◽  
Historical Documents ◽  
Heuristic Methods ◽  
Historical Sources ◽  
The Public ◽  
The Past ◽  
History Of ◽  
Historical Education ◽  
The Government

Indonesia pernah melalui masa sulit di rezim Orde Baru. Kala itu, segala sesuatu yang paralel dengan khususnya sejarah seputar perumusan dasar negara (Panca Sila), menjadi begitu sulit untuk diperoleh, apalagi untuk mengemukakan fakta yang sebenarnya. Penelusuran dokumen-dokumen sejarah begitu minim didukung pemerintah, dokumen-dokumen itupun tercecer di mana-mana, publik hanya diedukasi dengan pendidikan sejarah dari para sejarawan versi pemerintah saja. Bukan karena Orde Baru telah menjadi masa lalu, tetapi, karena apa yang disebut sebagai sumber-sumber primer perlu diperiksa kembali. Di antaranya seperti: Naskah UUD 1945, yang disusun M. Yamin; Risalah Sidang BPUPKI-PPKI yang disusun oleh Sekretariat Negara; Sejarah Nasional Indonesia Jilid VI, yang disusun oleh Nugroho Notosusanto (dkk); Piagam Jakarta, yang disusun oleh Endang Saifuddin Anshari; Sejarah Pemikiran Tentang Panca Sila, yang disusun oleh Pranarka. Sumber-sumber ini diam-diam diterima, dan diam-diam pula diakui bermasalah, atau diragukan keotentikannya. Persoalan tersebut semakin diperjelas dengan temuan sejumlah arsip oleh para sejarawan tata negara seperti A.B. Kusuma, di mana sebelumnya, “Panitia Lima” (1975) telah pula menegaskan bahwa sumber-sumber yang dipakai pemerintah tidak valid, di antaranya adalah naskah yang disusun M. Yamin. Maka, sejarah perumusan Panca Sila kadang berada di jalan bersimpang, simpang batas-tegas pertentangan tentang keotentikan sumber sejarah, menjadi tugas utama agar sumber-sumber tersebut diuji satu dengan lainnya (metode heuristik dan konklusi eksplanatoris). Agar mengerucut satu kesimpulan yang utuh dan sistematis mengenai sejarah perumusan dasar negara dan pemikiran-pemikiran yang dikemukakan di dalamnya menjadi satu kesatuan pemahaman atas kenyataan, dan agar menguatkan sendi-sendi konstitusionalitas kita hari ini yang mulai tercerabut dari akar sejarahnya, bagaikan “inang yang dipaksa berpisah dari induknya”.Indonesia had been through a difficult period in the “Orde Baru” regime. At that time, everything parallel with history especially around the basic principle of the state (Panca Sila) became so difficult to obtain, especially to express the facts. The tracking of historical documents was so poorly endorsed by the government. The documents were scattered everywhere. The public was only educated with historical education from only government version historians. Not because the “Orde Baru” has become the past, but, because the so-called primary sources need to be checked again. Among them are: Naskah UUD 1945, compiled by M. Yamin; Risalah Sidang BPUPKI-PPKI, prepared by State Secretariat; Sejarah Nasional Indonesia Jilid VI, compiled by Nugroho Notosusanto (et.al); Piagam Jakarta, prepared by Endang Saifuddin Anshari; Sejarah Pemikiran Tentang Panca Sila, prepared by Pranarka. The above sources are secretly accepted, and secretly admittedly problematic, or are doubted the authenticity. The issue was further clarified by the findings of archives by state historians such as A.B. Kusuma, in which before, the “Panitia Lima” (1975) had also asserted that the sources used by the government were invalid, one of them was the text compiled by M. Yamin. Thus, the history of Panca Sila sometimes in a stray way of disputes about the historical sources authenticity. That became the primary task for which resources were tested against each other (heuristic methods and explanatory conclusions). In order to conceal a whole and systematic conclusion about the history of the basic formulation of the state and the ideas expressed in it become a unity of understanding of reality, in order to strengthen the joints of our constitutionality today which begins to be uprooted from its historical roots, like “a host which is forced to apart from its main”.

The Bazaar, the State, and the Struggle for Public Opinion in Nineteenth-Century Afghanistan

2020 ◽  
Vol 30 (4) ◽  
pp. 613-633
Author(s):  
ALI KARIMI
Keyword(s):  
Nineteenth Century ◽  
Public Opinion ◽  
Central Place ◽  
The State ◽  
Popular Support ◽  
The Public ◽  
History Of ◽  
The Government ◽  
Information Conflict ◽  
Source Of Information

AbstractPublic opinion is formed by the information that the public consumes. The state, whether democratic or authoritarian, employs various media of communication to influence people's opinions and behaviours. In the nineteenth century, Afghan rulers would traditionally use force and religion to gain popular support and strengthen their authority. In the second half of the century, they started to use print technology to build their relationships with the public. The state's print, however, had to compete with the institution of the bazaar that had long served as the central place where information circulated in public. This article, drawing mostly on unexamined Afghan sources, offers an account of how the bazaar operated as a source of information and how the Afghan state tried to suppress it. The history of this information conflict uncovers new aspects in the troublesome relationship between the government and the governed in Afghanistan.

scholarly journals The Way of Gambling: Sources of Government Revenue or Disaster of The Public Sector

2021 ◽  
Vol 58 (1) ◽  
pp. 1712-1717
Author(s):  
Worachet Tho-un, Somchai Saenphumi
Keyword(s):  
Social Space ◽  
Theoretical Concept ◽  
The State ◽  
Legal Principles ◽  
The Public ◽  
Long Time ◽  
History Of ◽  
Terrible Thing ◽  
The Government ◽  
The One

This article would like to reflect the history of the Thai gambling industry. The nature of gambling that is hidden in tradition, opinion of Thai society towards gambling. Moreover, the effects of gambling that the state allows and does not allow through literature, law, Buddhist principles, the King's philosophy and the theoretical concept of gambling, and the theoretical concept of gambling. The results of the synthesis of the data showed that gambling has been in conjunction with Thai society for a long time. The context and process of gambling in Thai society can take many forms. It will depend on the context of the environment, the law, and the government, etc. Their views and attitudes towards gambling can be divided into two groups: the one that sees gambling as a pleasure. It has created a social space to legitimize gambling in various forms, such as gambling for gambling. The hidden gambling tradition gambling of the types permitted and prohibited by the government, etc. Furthermore, the second group viewed gambling as a danger to society. It is a terrible thing that the state must restrict it from society. This concept is primarily connected and related to religious and legal principles. From the information found, I believe that gambling is a huge source of income for the government, even though the state knows that it is mescaline. But cannot cancel the business, that is, the deadly poison or the public's silent threat that is submitted to the government.

La valorisation des prestations non-bois: particularités genevoises (essai) | Commercialization of non-wood forest services: the case of Geneva (essay)

2009 ◽  
Vol 160 (8) ◽  
pp. 232-234
Author(s):  
Patrik Fouvy
Keyword(s):  
Forest Regeneration ◽  
Biological Diversity ◽  
The State ◽  
Forest Land ◽  
Private Forests ◽  
The Public ◽  
Public Body ◽  
Provision Of Services ◽  
History Of ◽  
Near Future

The history of the forests in canton Geneva, having led to these being disconnected from productive functions, provides a symptomatic demonstration that the services provided by the forest eco-system are common goods. Having no hope of financial returns in the near future and faced with increasing social demands, the state has invested in the purchase of forest land, financed projects for forest regeneration and improvement of biological diversity and developed infrastructures for visitors. In doing this the state as a public body takes on the provision of services in the public interest. But the further funding for this and for expenses for the private forests, which must be taken into account, are not secured for the future.

A autocomposição de conflitos na Câmara de Conciliação e arbitragem da Administração Federal: estudo do caso - UNIFESP x União

2019 ◽  
Vol 1 (1) ◽  
pp. 19-36
Author(s):  
Leila Cuéllar ◽  
Egon Moreira
Keyword(s):  
Public Administration ◽  
Civil Procedure ◽  
The Public ◽  
Procedure Code

The article analyses the role of the “Mediation Chambers” in the Public Administration, according to the Civil Procedure Code (2015) and the Mediation Act (2015). It examines the nature of such chambers, their operation and limits.

scholarly journals Minister-Permanent Secretary Relationships: Lessons from Zimbabwe’s Government of national Unity

2014 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Tawanda Zinyama ◽  
Joseph Tinarwo
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Political Process ◽  
Large Degree ◽  
The State ◽  
Team Work ◽  
The Political ◽  
National Unity ◽  
The Public ◽  
The Government

Public administration is carried out through the public service. Public administration is an instrument of the State which is expected to implement the policy decisions made from the political and legislative processes. The rationale of this article is to assess the working relationships between ministers and permanent secretaries in the Government of National Unity in Zimbabwe. The success of the Minister depends to a large degree on the ability and goodwill of a permanent secretary who often has a very different personal or professional background and whom the minster did not appoint. Here lies the vitality of the permanent secretary institution. If a Minister decides to ignore the advice of the permanent secretary, he/she may risk of making serious errors. The permanent secretary is the key link between the democratic process and the public service. This article observed that the mere fact that the permanent secretary carries out the political, economic and social interests and functions of the state from which he/she derives his/her authority and power; and to which he/she is accountable,  no permanent secretary is apolitical and neutral to the ideological predisposition of the elected Ministers. The interaction between the two is a political process. Contemporary administrator requires complex team-work and the synthesis of diverse contributions and view-points.

scholarly journals PERANAN NEGARA DAN HUKUM DALAM MEMBERANTAS KEMISKINAN DENGAN MEWUJUDKAN KESEJAHTERAAN UMUM

2010 ◽  
Vol 40 (3) ◽  
pp. 390
Author(s):  
Yohanes Suhardin
Keyword(s):  
Social Justice ◽  
The State ◽  
Public Welfare ◽  
The Public ◽  
Role Of The State ◽  
Strategic Role ◽  
The Creation ◽  
The Government ◽  
Legal Product

AbstrakThe role of the state in combating poverty is very strategic. Combatingpoverty means to free citizens who are poor. The strategic role given thenational ideals (read: state) is the creation of public welfare. Therefore,countries in this regard the government as the organizer of the state musthold fast to the national ideals through legal product that is loaded withsocial justice values in order to realize common prosperity. Therefore, thenature of the law is justice, then in the context of the state, the lawestablished for the creation of social justice. Law believed that social justiceas the path to the public welfare so that the Indonesian people in a relativelyshort time to eradicate poverty.

scholarly journals Reforming Energy Subsidy in Kuwait: Maximizing Net Benefits and Equity Complying

2021 ◽  
Author(s):  
M. A. Alolayan ◽  
◽  
F. M. Albarrak ◽  
M. H. Abotalib ◽  
M. A. Alshawaf ◽  
...  
Keyword(s):  
Equilibrium Point ◽  
Reading Program ◽  
The State ◽  
Public Acceptance ◽  
The Public ◽  
New Strategy ◽  
Net Benefits ◽  
The Government ◽  
The State Of Kuwait ◽  
Energy Subsidy

The net benefits and public acceptance for a proposed reform to the current subsidization of energy in the State of Kuwait was investigated in this study. The proposed subsidization suggests that the government pays the consumers the subsidization cost in advance and in exchange for raising the subsidized tariffs to full price. The consumption will likely be reduced by a rate equals the over consumption due to the current subsidized tariffs in relative to the income. The net benefits is expected to be maximized and shifted to a pseudo-equilibrium point where both the governments and the consumers will be better off financially. The public acceptance toward the proposed strategy was examined using 274 voluntarily one-to-one interviews for gasoline and 121 for electricity and water. Also, a utilities meters reading program was conducted on 90 houses out of the 121 interviews for utilities. The interviews for gasoline and utilities indicated 57% and 66% of the respondents see no equity in the current subsidization, 55% and 80% admitted to overuse, and 11% and 21% averages of the over consumptions, and 67% and 66% of the respondents were willing to adopt the new strategy. The consumer is expected to save 912 USD/year from gasoline, and 8,198 USD/year from utilities. The estimated net benefits is 5,841 million USD annually with 62% attributed to utilities benefits and 38% to gasoline benefits.

scholarly journals MEMBANGUN AKUNTABILITAS ORGANISASI BANTUAN HUKUM

2013 ◽  
Vol 2 (1) ◽  
pp. 107
Author(s):  
Mosgan Situmorang
Keyword(s):  
Secondary Data ◽  
The State ◽  
Legal Services ◽  
Not Given ◽  
Legal Aid ◽  
State Budget ◽  
The Public ◽  
Primary Material ◽  
The Government ◽  
Secondary Materials

<p>Dalam Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum dikatakan bahwa pemberi bantuan hukum adalah lembaga bantuan hukum atau organisasi kemasyarakatan yang memberi layanan bantuan hukum. Jasa hukum yang diberikan kepada penerima bantuan hukum adalah cuma-cuma, dalam ar Ɵ mereka Ɵ dak mendapat upah dari pihak yang dibantunya, namun pemerintah akan memberikan dana bantuan untuk se Ɵ ap kasus yang ditangani yang besarnya disesuaikan dengan jenis kasusnya. Dana bantuan tersebut memang Ɵ dak akan diberikan kepada semua organisasi bantuan hukum, tetapi hanya kepada organisasi bantuan hukum yang sudah memenuhi syarat sesuai dengan Undang-Undang Bantuan Hukum. Karena dana tersebut berasal dari Anggaran Pendapatan dan Belanja Negara, maka tentu saja akuntabilitas organisasi bantuan hukum yang menerima dana tersebut harus dapat dipertanggung jawaban kepada masyarakat. Tulisan ini adalah berupa kajian norma Ɵ f, dengan demikian data yang digunakan adalah data sekunder berupa bahan primer yakni peraturan perundang undangan, utamanya Undang-Undang Nomor 16 Tahun 2011 dan undang- undang lain yang terkait serta bahan sekunder berupa bahan kepustakaan dan data dari internet. Dalam peneli Ɵ an ini disimpulkan bahwa Undang- Undang Bantuan Hukum sudah dapat mengan Ɵ sipasi perlunya akuntabilitas organisasi bantuan hukum tapi masih perlu di Ɵ ngkatkan dengan cara membuat aturan-aturan yang mendukung terciptanya akuntabilitas tersebut terutama peraturan mengenai standar bantuan hukum.</p><p>In Law No. 16 Year 2011 regarding Legal Aid, stated that legal aid provider is a legal aid organiza Ɵ on or community organiza Ɵ ons that provide legal aid services. Legal services provided by the legal aid organiza Ɵ on is free in the sense that they do not get paid from those who helped. However, the government will provide fi nancial assistance for each case handled that amount is in accordance with the type of case. The grant is not given to all legal aid organiza Ɵ ons but only to a legal aid organiza Ɵ on that has been quali fi ed in accordance with the Legal Aid Act. Because these funds come from the state budget of course accountability of legal aid organiza Ɵ ons receiving funds must be able to be an answer to the public. This paper is a norma Ɵ ve review, thus the data used are secondary data from the primary material i.e laws and regula Ɵ ons, especially Law No. 16 of 2011 and other laws related and secondary materials in the form of the literature and data from the internet.This study concluded that the Legal Aid Act was able to an Ɵ cipate the need for accountability of legal aid organiza Ɵ ons but it is need to be improved by making rules that favor the crea Ɵ on of accountability mainly standard rules regarding legal aid.</p>

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