scholarly journals The worldview of Vasily Nikolaevich Leshkov

2020 ◽  
pp. 39-49
Author(s):  
Natal'ya Fedorovna Polyntseva
Keyword(s):  
Significant Contribution ◽  
Theoretical Framework ◽  
Public Law ◽  
The State ◽  
Scientific Article ◽  
Legal Science ◽  
The Subject ◽  
The Government

The subject of this research is the identification of views of Vasily Nikolaevich Leshkov. The source base consists of the works of V. N. Leshkov, scientific article published in the periodicals, texts of scientific reports. Theoretical framework contains the works on studying the concept of public law of A. A. Vasilyev, A. A. Tesli; works involving police law of K. S. Belsky, N. S. Nizgbik, T. O, Chukaev. The historical-legal science does not pay sufficient attention to the ideas and figure of V. N. Leshkov. The scientific novelty is substantiated by the subject and methods of research. The author attempted to examine the state-legal ideas of V. N. Leshkov, taking into account the questions of interaction between the government and society, as well as the grounds of the theory of public law. The significant contribution made by Leshkov to the sphere of public law and police law is highlighted. The scientific works of Vasily Nikolaevich Leshkov have not previously undergone systemic and complex examination, while the proposed by him theories and concepts remain relevant until today.

scholarly journals Kedudukan Hukum Administrasi Negara Dalam Ilmu Hukum

2020 ◽  
Vol 2 (1) ◽  
pp. 30-36
Author(s):  
I Nyoman Artayasa
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
The State ◽  
State Law ◽  
Legal Certainty ◽  
Legal Science ◽  
The Law ◽  
The Government

State Administrative Law is the Law regarding the Government / Executive inits position, duties, functions and authority as a State Administrator. State AdministrativeLaw is one branch / part of specialized legal science. State Administrative Law is a legalscience that is not static, but develops according to the development of needs in society.In public law, at first State Administrative Law is part of the State Law, lectures on StateAdministrative Law are embedded in the State Law. The function of State AdministrativeLaw, namely: Ensuring Legal Certainty. Guaranteeing Legal Justice. Administrative LawWorks As A Guide and Size.

scholarly journals Corruption Crime Eradication by Corruption Eradication Commission Through Red-handed Catch Operation on Bribery Action

2021 ◽  
Vol 13 (2) ◽  
pp. 319-329
Author(s):  
Kamaluddin Abbas
Keyword(s):  
Subject Matter ◽  
Action Control ◽  
The State ◽  
Financial Loss ◽  
Government Officials ◽  
The Public ◽  
A Value ◽  
The Subject ◽  
The Government ◽  
Fundamental Consideration

The government has made many laws and regulations, but corruption issues cannot yet be controlled. Police and Prosecuting Attorney Institutions have not yet functioned effectively and efficiently in eradicating corruption. Therefore, the public hopes Komisi Pemberantasan Korupsi (KPK)/the Corruption Eradication Commission eliminates the crime. KPK is considerably appreciated by the public due to Operasi Tangkap Tangan (OTT)/Red-handed Catch Operation to many government officials involved in bribery action, but the subject matter thereof is whether the OTT is in line with the fundamental consideration of KPK founding pursuant to Law Number 30 of 2002 as updated by the Law Number 19 of 2019 in order to increase the eradication of corruption crime causing the state's financial loss with respect to people welfare particularly KPK powers pursuant to the provision of Article 11 thereof, among others, specifying that KPK shall be authorized to conduct inquiry, investigation and prosecution on corruption crime related to the state financial loss of at least Rp 1,000,000,000 but in fact many OTTs performed by KPK have a value of hundred million Rupiah only and even there are any cases below Rp 100,000,000.-, and bribery action control through OTT being more dominant if compared to the state's financial corruption is not in line with the primary consideration of KPK founding, and similarly the OTT below 1 billion Rupiah doesn't conform to the provision of Article 11 thereof.

scholarly journals From Apology to Utopia and the Inner Life of International Law

2016 ◽  
Vol 29 (3) ◽  
pp. 641-666 ◽  
Author(s):  
AKBAR RASULOV
Keyword(s):  
International Law ◽  
Significant Contribution ◽  
Legal Theory ◽  
Legal Positivism ◽  
Legal Practice ◽  
Inner Life ◽  
Legal Science ◽  
The Subject

AbstractA certain body of mythology has emerged in recent years around Martti Koskenniemi's From Apology to Utopia (FATU). At its heart lies a group of received wisdoms that tell us that FATU should essentially be considered a work of postmodern scholarship, that it provides a typical illustration of the so-called deconstructivist approach, and that its single most significant contribution to the field of international legal theory lies in its discussion of the subject of legal indeterminacy. In this article, I seek to challenge and displace this set of narratives, by excavating and restoring to the surface FATU's original intellectual project: a highly ambitious attempt to revive the traditional enterprise of ‘legal science’ by marrying Kelsenian legal positivism with Saussurean structuralist semiotics. In doing so, it succeeded in developing a set of analytical idioms and reasoning protocols that gave the international law profession not only a reason but also the necessary intellectual materials to revolutionize its day to day understanding of the essential character of international legal practice. Thus, far from being a manifestation of any kind of postmodernist sensibility, FATU, I am going to argue, represents, in fact, the exact opposite of it.

scholarly journals International Experience Integration of Openness and Transparency Level Evaluation of Socially Oriented Non-Governmental Organizations into Russian Practice

2021 ◽  
Author(s):  
A.B. Novozhilov ◽  
A.V. Starshinova ◽  
E.B. Arkhipova
Keyword(s):  
Financial Support ◽  
International Experience ◽  
The State ◽  
Quantitative Methodology ◽  
Governmental Organization ◽  
Social Partnership ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Subject ◽  
The Government

This article deals with international experience integration of openness and transparency level evaluation of activities by non-governmental organizations (NGOs) into the Russian practice. The object of this study is socially oriented non-governmental organizations — both those that receive financial support from the state and those that do not. The subject of the study is the transparency and openness of the socially oriented non-governmental organizations of the Sverdlovsk region. The article proposes the following hypothesis: the government provides financial support to exceptionally transparent and open socially oriented non-governmental organizations; the most popular socially oriented non-governmental organizations are considered the most transparent, and the state financial support is provided to them. To evaluate the level of openness and transparency of non- governmental organizations the authors use quantitative methodology for websites monitoring of non-governmental organizations. The indicators proposed allow for the evaluation of the current level of openness of socially oriented non-governmental organizations. In addition, the article assesses available statistics to evaluate the popularity indicator of specific socially oriented non-governmental organizations. Keywords: non-governmental organization, openness and transparency of NGOs, financial support, social partnership, government social policy

scholarly journals REGARDING THE SUBJECT OF THE CONTRACT FOR THE SUPPLY OF MATERIAL RESOURCES TO MILITARY UNITS (LEGAL ENTITIES UNDER PUBLIC LAW)

2021 ◽  
pp. 195-198
Author(s):  
O. Pavlovskyi
Keyword(s):  
Public Relations ◽  
Public Procurement ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Material Resources ◽  
The Subject ◽  
Military Units ◽  
Legal Entities

In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not only by constitutional, administrative, economic, but also civil law. This paper will deal with contractual obligations. The supply contract is extremely important in providing Ukraine, its subjects and state entities with the necessary goods, performance of works, provision of services. In essence, the institute of contract law is a legal means of implementing state policy in the field of industrial production, construction, national defense, social assistance, science, culture, the implementation of basic social and production tasks. Currently, there is a trend aimed at increasing the budget funds used through public procurement. In this regard, an urgent problem is the effective legal regulation of public relations related to the supply of goods for public use. The regulatory framework governing these legal relations must be transparent, understandable to all participants in trade and procurement operations, operational on changes in socio-economic conditions in the country, have an anti-corruption orientation. The quality of goods purchased for the state also remains a long-standing problem. One of the topical issues for the science of civil law is the question of the subject of the contract, with which the Central Committee of Ukraine connects the conclusion of the contract, its validity and some other significant circumstances. According to case law, disputes arising from the contract are usually complicated by non-compliance by the parties with the provisions of the Civil Code of Ukraine on the subject of the contract. The article analyzes the subject of the contract for the supply of material resources to military units. Military units are considered by the author as legal entities of a subject of public law.

scholarly journals NEW MEANS OF COMMUNICATION AND THE OLD SYSTEM (INTEGRATION OF THE TELEPHONE ACTIVITY INTO THE SYSTEM OF STATE REGULATION OF COMMUNICATIONS IN RUSSIA IN THE LATE 19TH AND EARLY 20TH CENTURIES)

2021 ◽  
pp. 38-47
Author(s):  
S. V. Perekrestova ◽  
Keyword(s):  
System Integration ◽  
State Regulation ◽  
The State ◽  
Main Concern ◽  
Main Principle ◽  
State Management ◽  
State Income ◽  
The Subject ◽  
State Monopoly ◽  
The Government

The paper analyzes the process of formulating the main principles of the state regulation of the telephone activities in Russia in the late 19th and early 20th centuries. Even though the emergence of the telephone in Russia matched the process of the whole unified postal and telegraph service’s organizing, crucial necessity of including the telephone into the system of the state management of communications did not become just a step in these reforms’ development. It caused the discussion on another matter, namely on the main principle of the system’s functioning, i.e. perception of the communications as the subject of the state monopoly. Thus, the Russian government’s attempts to adopt the telephone to a broadly settled system of the state regulation happened to be followed by the debates on neither administrative no technical, but on the legal and economic matters. Lately, they moved to the principle of the state monopoly in the communications sphere as a whole and to perception of the latter as a source of the state income. Nevertheless, during the analyzed period, the focus of all the disputes was made on responding to the private capital’s threat to the monopoly status of the government. However, its main concern was not the monopoly itself, but one of its aspects, i.e. the most commercially profitable way to build and use the telephone communications.

About the subject of the civil contract and government contract for purchase of goods, works and services for needs of penal system

2019 ◽  
pp. 164-174
Author(s):  
Дмитрий Вадимович Хильман
Keyword(s):  
The State ◽  
Penal System ◽  
The Subject ◽  
The Government ◽  
Contractual Obligations ◽  
Civil Contract ◽  
Government Contract

В статье анализируется правовая и экономическая сущность категории «предмет гражданско-правового договора», раскрывается авторский подход к его пониманию. Определяется практическое назначение и функции условия о предмете договора, выявляются составляющие его ключевые признаки. Представлены выводы о специфике классификации договорных обязательств по критерию различности их предмета, анализируются особенности описания предмета государственного контракта на закупку товаров для нужд уголовно-исполнительной системы. In article the legal and economic essence of category “subject of the civil contract” is analyzed, author's approach to his understanding reveals. Practical appointment and functions of a condition about subject of the contract is defined, the key signs which are it come to light. Conclusions about specifics of classification of contractual obligations by criterion of a difference of their subject are drawn, it is analyzed features of the description of a subject of the government contract on purchase of goods for the state needs.

Two Notes on Nationalism in the Middle Ages

Traditio ◽  
1953 ◽  
Vol 9 ◽  
pp. 281-320 ◽  
Author(s):  
Gaines Post
Keyword(s):  
Middle Ages ◽  
Political Thought ◽  
Public Law ◽  
The State ◽  
Legal Thought ◽  
The Subject ◽  
Excellent Article ◽  
The Middle Ages

In an excellent article, ‘Pro patria mori in Medieval Political Thought,’ Ernst H. Kantorowicz has recently called attention to the importance of the concept of patria in the rise of the national monarchy and state in the later Middle Ages. No correction is needed, nor, perhaps, any addition. But since he modestly admits that he did not mean to exhaust the subject and does not examine the two laws, and since I had begun to note occasional remarks in the canonists and legists about the patria in association with theories of public law and the state, I wish to add some illustrations of the legal thought on the subject in the twelfth to fourteenth centuries. These illustrations will supplement, moreover, the essay by Halvdan Koht on nationalism in the Middle Ages.

Nationality: Jus Soli or Jus Sanguinis

1930 ◽  
Vol 24 (1) ◽  
pp. 58-64 ◽  
Author(s):  
James Brown Scott
Keyword(s):  
The United States ◽  
Public Law ◽  
Private International Law ◽  
The Public ◽  
Law Of Nations ◽  
Difference Of Opinion ◽  
The Status ◽  
Women And Children ◽  
The Subject ◽  
The Government

There is no topic of present interest, involving as it does the status of men, women and children of various countries, and even of birth in the same country, as that of nationality. It bristles with difficulties! To begin with, various terms are used, apparently meant to mean one and the same thing, although unless they are carefully defined, they may refer to different aspects of the subject. For example, “ national” is used as a synonym for “ subject” or “ citizen,” yet one may be a national of a country, and subject to its jurisdiction, without, however, being a citizen—as in the case of the Filipinos, who are, indeed, subject to the Government of the United States and entitled to its protection abroad, although they are not citizens either in the sense of international, or of national law. Then there is a difference of opinion as to the branch of law to which the matter belongs—the Englishspeaking peoples regarding it as forming part of the public law of nations, whereas others consider it as more properly falling within the domain of private international law, to which, in turn, the English world gives the not inappropriate designation of conflict of laws.

scholarly journals TOTALITER PENGISIAN JABATAN WAKIL KEPALA DAERAH YANG KOSONG: PERSPEKTIF UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH

2019 ◽  
Vol 2 (3) ◽  
pp. 97-106
Author(s):  
Yunanto Bayuaji
Keyword(s):  
Local Government ◽  
The State ◽  
Regional Government ◽  
Legal Science ◽  
State Administration ◽  
Solid Foundation ◽  
The Government ◽  
Legal Product

Abstrak Dalam menyelenggarakan urusan pemerintahan, pemerintah melimpahkan sebagian urusan kepada perangkat pemerintah atau wakil pemerintah di daerah. Pemerintah daerah terdiri dari kepala daerah dan wakil kepala daerah sebagai pemegang pemerintahan tertinggi di daerah dan sebagai bagian dari penyelenggara Negara. Penelitian ini merupakan penelitian yuridis normatif, oleh karena itu teori ini di arahkan secara khas ilmu hukum. Keberadaan teori ini adalah untuk memberikan landasan yang mantap, pada umumnya setiap penelitian harus selalu disertai dengan pemikiran teoritis yang berkaitan dengan analisis dan konstruksi yang dilakukan secara metodologis, sistematis dan konsisten. Temuan dari penelitian ini adalah pentingnya mengisi kekosongan wakil kepala daerah untuk membantu kepala daerah dalam menjalankan tugas dan fungsinya. Hal ini disebabkan karena Kementerian Dalam Negeri belum secara tegas mengatur dalam suatu produk hukum, pengisian jabatan wakil kepala daerah dilakukan sesuai dengan ketentuan peraturan perundang-undangan mengenai pemilihan kepala daerah yakni Pasal 176 Undang-Undang Nomor 10 Tahun 2016 tentang Pemilihan Gubernur, Bupati dan Walikota. Kata Kunci: Pemerintah daerah, Jabatan, Wakil Kepala Daerah, Hukum. Abstract In government affairs, the government delegates part of the affairs to the government apparatus or regional government representatives. The regional government consists of the regional head and deputy regional head as the highest government holders in the area and as part of the State administration. This research is a normative juridical research, therefore this theory is in the discussion that is typical of legal science. The theory of this research is to provide a solid foundation, in each study must discuss the analysis relating to the analysis and construction carried out methodologically, systematically and consistently. The findings of this study are important which help the deputy regional head vacancies to help regional heads carry out their duties and functions. This is because the Ministry of Home Affairs has not confirmed in a legal product, the filling of regional representative positions is carried out in accordance with the provisions of the legislation concerning the election of regional heads Article 17 of Law Number 10 of 2016 concerning Election of Governors, Regents and Mayors. Keywords: Local government, Position Deputy Regional Head, Law.

Sign in / Sign up

Export Citation Format

Share Document