scholarly journals Sądowa ochrona samodzielności finansowej jednostek samorządu terytorialnego przed rozstrzygnięciami nadzorczymi regionalnych izb obrachunkowych

2019 ◽  
Vol 17 (1) ◽  
pp. 77-89
Author(s):  
Jadwiga Glumińska-Pawlic
Keyword(s):  
Local Government ◽  
Financial Management ◽  
Financial Independence ◽  
Legal Supervision ◽  
Open Issue ◽  
The Republic ◽  
The Right ◽  
Judicial Protection

Financial independence of territorial self-government units means performing important public tasks in the field of financial management on their own behalf and with their own responsibility in terms of aspects related to income and expenditure, and implementation of financial management. In this regard, the Constitution of the Republic of Poland guarantees the units the right to have cases heard before the court whenever their independence is threatened by someone else’s actions or in situations leading to removal of the effects of a specific violation that has already occurred. Nevertheless, the issue related to the independence of local government units, including financial independence and related judicial protection, as it can be seen, still remains an open issue. It should be emphasized that the legislator, expressing the unambiguous intention of protecting the independence of territorial self-government units, provided them with institutional legal supervision, but within defined limits.

scholarly journals On the Legal Support for the Activities of Khakims in the Republic of Karakalpakstan and Improvement of Their Functions

2020 ◽  
Vol 6 (9) ◽  
pp. 324-329
Author(s):  
Zh. Ermashev
Keyword(s):  
Local Government ◽  
Early Termination ◽  
Executive Power ◽  
Legal Basis ◽  
Local Authorities ◽  
Control Functions ◽  
The Republic ◽  
The Right

The article discusses the legal basis for organizing the activities of the khakims of cities and regions of the Republic of Karakalpakstan, makes a number of proposals aimed at improving the legislation on local authorities and the practice of their activities. In the legislation on local authorities, it is necessary to provide for norms on the responsibility of khakims and local government bodies, on the early termination of the powers of the khakim, as well as on increasing the influence of deputies of local government bodies. In order to strengthen the control functions of the representative body of power, it is necessary to give it the right to pass a vote of no confidence to the khakim as the head of the executive power.

scholarly journals ՎԵՃԵՐԻ ՈՉ ԴԱՏԱԿԱՆ ԼՈՒԾՄԱՆ ՆԱԽԱԴԱՏԱԿԱՆ ԿԱՐԳԸ ՀՀ ՔԱՂԱՔԱՑԻԱԿԱՆ ԴԱՏԱՎԱՐՈՒԹՅՈՒՆՈՒՄ/NOT JUDICIAL RESOLUTION OF DISPUTES IN PRE-TRIAL ORDER IN RA CIVIL PROCEEDINGS/НЕСУДЕБНОЕ РЕШЕНИЕ СПОРОВ В ПРЕДСУДЕБНОМ ПОРЯДКЕ В ГРАЖДАНСКОМ СУДОПРОИЗВОДСТВЕ РА

2019 ◽  
pp. 67-78
Author(s):  
Edgar Avetisyan
Keyword(s):  
Dispute Resolution ◽  
Human Right ◽  
Effective Protection ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right ◽  
Judicial Protection ◽  
Settlement Of Disputes

This article touches upon the pre-trial procedures for resolving civil disputes. The study of this issue in the light of the new out-of-court settlement of disputes set out in the current Civil Procedure Code of the Republic of Armenia is becoming more than relevant. When establishing a non-judicial dispute resolution procedure for individuals, the issue of unjustified restriction of the human right to judicial protection becomes quite important. The purpose of the study is the effective and targeted application of the pre-trial procedure prescribed by law, which should not lead to unreasonable restriction of judicial protection. The approaches presented as a result of our research increase the effectiveness of pre-trial dispute resolution and reduce the risk of unjustified restriction of the right to judicial protection. And in some cases, the correct and targeted use of the pre-trial order is more conducive to the effective protection of human rights.

scholarly journals Analisis Kebijakan Peraturan Daerah Yang Mengandung Materi Muatan Ajaran Islam Di Kota Palembang

2018 ◽  
Vol 18 (2) ◽  
pp. 147-166
Author(s):  
Kiki Mikail
Keyword(s):  
Local Government ◽  
Common Good ◽  
General Rule ◽  
Free Variable ◽  
Regional Government ◽  
Descriptive Research ◽  
The Republic ◽  
The Right ◽  
Article 5 ◽  
Made In

This research is analytical descriptive research. This study places policy analysis and as the main and free variable that will influence the process of establishing a Regional Regulation as a dependent variable. In article 5 of the Republic of Indonesia Constitution states that the regional government has the right to determine regional regulations or other regulations in order to carry out regional autonomy.The local government of Palembang has issued three local government regulations that have Islamic sharia laws, namely regional regulation number 2 of 2004 concerning the eradication of prostitution, regional regulation number 11 of 2006 concerning the prohibition of circulation and sale of alcoholic products and local regulations on zakat. in order to be right on target and more effective, some variables need to be considered by Palembang stakeholders so that the Regional Regulations that are stipulated are not just legality, but more than that it must be a general rule that all local regulations are made in order for the common good Palembang community. Keywords : Political Analys, local goverment regulations, local autonomy, the politics of sharia law

scholarly journals PERTANGGUNGJAWABAN KEPALA DESA KARANG TUNGGAL KECAMATAN TENGGARONG SEBERANG KABUPATEN KUTAI KARTANEGARA DALAM HAL PENGELOLAAN KEUANGAN DAN ASET DESA (DITINJAU DARI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 6 TAHUN 2014 TENTANG DESA)

2018 ◽  
Vol 10 (2) ◽  
pp. 86
Author(s):  
Andreas Susanto Marbun ◽  
Dinny Wirawan Pratiwie
Keyword(s):  
Local Government ◽  
Asset Management ◽  
Financial Management ◽  
Central Government ◽  
Regional Autonomy ◽  
Self Reliance ◽  
Starting Point ◽  
The Face ◽  
The Republic ◽  
The Village

The Unitary Republic of Indonesia's Republic of Indonesia in organizing the system of government embraces the principle of Decentralization by providing opportunities and freedom to the regions to organize Regional Autonomy. Indonesia is a regional entity consisting of central government and local government, as regulated in the provisions of Article 18 paragraph (1) of the 1945 Constitution which states that the Unitary State of the Republic of Indonesia is divided into provinces and provinces are divided into districts and city, where each province, district, and city have local government, which is regulated by law. The district / municipality government comprises the subdistrict area, and each sub-district has village / village in it, the village's new face becomes the hope of accompanying the establishment of Law No. 6 of 2014 on the Village which becomes the starting point of the village's hope to be able to determine the position, role and authority over himself so that the village can be politically and politically swayed as the foundation of village democracy, as well as economically and culturally dignified as the face of village self-reliance and rural development. Article 26 has given the village chief the opportunity to manage the finances and assets owned by the village. The stages of the village financial management have been regulated by the Minister of Home Affairs Regulation No. 113 of 2014 on Village Financial Management, and the Regulation of the Minister of Home Affairs of the Republic of Indonesia No. 1 of 2016 on Village Asset Management regulates the procedures for managing village assets. The management of village finances and assets can’t be separated from the ability of the Village Head and other village apparatus. The responsibility of the Village Head in managing village finances and assets properly, transparently and in accordance with applicable laws and regulations is necessary to promote the development and economy of the village, including Karang Tunggal village as one of government under Kutai Kartanegara.

scholarly journals Financiranje jedinica lokalne i područne (regionalne) samouprave

2019 ◽  
Vol 56 (1) ◽  
pp. 223-250
Author(s):  
Zoran Šinković
Keyword(s):  
Public Services ◽  
Local Area ◽  
Fundamental Principle ◽  
The Political ◽  
Financial Independence ◽  
Territorial Organization ◽  
The Republic ◽  
The Right ◽  
The Relationship ◽  
Or Task

The territorial organization of modern states rests on the principles of decentralization, which includes the political, administrative and financial independence of the lower levels of government. It is a fundamental principle that no function, no job or task can be assigned to a certain level of government or body of government without the funds being provided. Local and regional selfgovernment are one of the most important areas of strategic importance for the development of democratic and quality public policies in the Republic of Croatia. The relationship between local and regional self-government and users can also be seen as a parallel process of strengthening the responsibility of local units for overall quality and «offering» public services in the local area. Therefore local and regional self-government have the right to various sources of funding in order to be able to carry out their tasks, or to provide, to a greater or lesser degree, better public services to their users.

scholarly journals Moving Beyond Judicial Conflict in the Name of the Pre-Eminence of Fundamental Human Rights

2021 ◽  
pp. 331-335
Author(s):  
Valerio Onida
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Armed Forces ◽  
Fundamental Rights ◽  
State Immunity ◽  
International Court ◽  
The Republic ◽  
The Right ◽  
Judicial Protection ◽  
Right Of Access

AbstractSentenza 238/2014 can be criticized insofar as it seems to ground Italy’s refusal to comply with the Jurisdictional Immunities Judgment of the International Court of Justice on the basis of the right of access to a judge for the victims of the conduct of German armed forces during World War II. Indeed, the principle of state’s immunity to the civil jurisdiction of other states regarding the conduct of their own armed forces does not in itself breach a victim’s right of access to a judge, which theoretically in this case might also be granted by a German court. However, Sentenza 238/2014 has the merit of highlighting, in the specific case of the Italian Military Internees (IMIs), the violation of the victims’ right to an effective judicial protection of their fundamental rights, given that German jurisdictions excluded every reparation that favoured IMIs. Such fundamental rights must prevail over the international rules relating to state immunity because, according to the supreme principles of the Italian constitutional order and to international law itself, fundamental human rights violations related to crimes against humanity must benefit from an effective protection. The impasse between Italy and Germany should be solved through a new joint initiative between the two governments (carried out ideally under a common understanding of the two Presidents of the Republic), which should examine the applicants’ cases in order to grant them reparation. Though symbolic, such reparation will have an important moral dimension.

scholarly journals Sustainability and Control Issues of the Financial Management of Local Governments – Through Hungary’s Example

2019 ◽  
Vol 8 (1) ◽  
pp. 18-26
Author(s):  
Csaba Lentner ◽  
László Nagy ◽  
László Vasa ◽  
Szilárd Hegedűs
Keyword(s):  
Local Government ◽  
Financial Management ◽  
Local Governments ◽  
Fiscal Rules ◽  
Financial Independence ◽  
The Czech Republic ◽  
Set Up ◽  
And Control ◽  
Visegrad Group ◽  
Visegrád Countries

Abstract The aim of this paper is to analyse legal and financial dynamics of the self-governance in three countries of the Visegrad Group: the Czech Republic, Hungary and Slovakia. The paper explores compliance with the European Charter of Local Self-Government, financial independence and operational features of self-governance. The paper provides an overview of the regulatory environment that was set up for the local government in the Visegrad countries, examines the powers by local government, and the degree of its financial independence. The financial aspects of self-government are compared, and compliance with major fiscal rules is examined.

Regionální komory veřejného auditu (RIO) jako orgány dohledu a kontroly... nad finančním hospodařením územní samosprávy v Polsku

2021 ◽  
pp. 189-202
Author(s):  
Luiza Budner-Iwanicka
Keyword(s):  
Local Government ◽  
Financial Management ◽  
Public Institutions ◽  
Economic Effects ◽  
Financial Decisions ◽  
Ongoing Training ◽  
Training Courses ◽  
The Republic ◽  
The Individual ◽  
And Control

The article is devoted to the characteristics of the supervisory and control activities over municipal financial management performed in Poland by regional chambers of audit. Established under the Act of October 7, 1992 on regional chambers of audit, institutions for supervision and control of financial management of local government units started their activity 2.5 years after the restitution of local government in Poland, which was one of the main pillars of the political changes that took place after 1989. Characteristics of the individual competences of regional accounting chambers in relation to supervision over the activities of local government consisting in assessing the legality of legal acts taken by local government units in financial matters, implementing control of their financial management, issuing opinions aimed at assessing the legal and economic effects of financial decisions made by These units, while supporting local government by organizing training courses and conducting ongoing training and informational activities, leads to the conclusion that these institutions are in a special place in the structure of public institutions in Poland.The activity of regional accounting chambers serves the implementation of the principle of restraint and precision of control and supervisory influence in relation to financial management by local government, which, in connection with the principle of subsidiarity, is part of the systemic idea expressed in the Constitution of the Republic of Poland - the idea of real independence of local government in the limits of a decentralized,but uniform state system.

PERTANGGUNGJAWABAN KEPALA DESA KARANG TUNGGAL KECAMATAN TENGGARONG SEBERANG KABUPATEN KUTAI KARTANEGARA DALAM HAL PENGELOLAAN KEUANGAN DAN ASET DESA (DITINJAU DARI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 6 TAHUN 2014 TENTANG DESA)

2020 ◽  
Vol 10 (2) ◽  
pp. 86
Author(s):  
Andreas Susanto Marbun ◽  
Dinny Wirawan Pratiwie
Keyword(s):  
Local Government ◽  
Asset Management ◽  
Financial Management ◽  
Central Government ◽  
Regional Autonomy ◽  
Self Reliance ◽  
Starting Point ◽  
The Face ◽  
The Republic ◽  
The Village

The Unitary Republic of Indonesia's Republic of Indonesia in organizing the system of government embraces the principle of Decentralization by providing opportunities and freedom to the regions to organize Regional Autonomy. Indonesia is a regional entity consisting of central government and local government, as regulated in the provisions of Article 18 paragraph (1) of the 1945 Constitution which states that the Unitary State of the Republic of Indonesia is divided into provinces and provinces are divided into districts and city, where each province, district, and city have local government, which is regulated by law. The district / municipality government comprises the subdistrict area, and each sub-district has village / village in it, the village's new face becomes the hope of accompanying the establishment of Law No. 6 of 2014 on the Village which becomes the starting point of the village's hope to be able to determine the position, role and authority over himself so that the village can be politically and politically swayed as the foundation of village democracy, as well as economically and culturally dignified as the face of village self-reliance and rural development. Article 26 has given the village chief the opportunity to manage the finances and assets owned by the village. The stages of the village financial management have been regulated by the Minister of Home Affairs Regulation No. 113 of 2014 on Village Financial Management, and the Regulation of the Minister of Home Affairs of the Republic of Indonesia No. 1 of 2016 on Village Asset Management regulates the procedures for managing village assets. The management of village finances and assets can’t be separated from the ability of the Village Head and other village apparatus. The responsibility of the Village Head in managing village finances and assets properly, transparently and in accordance with applicable laws and regulations is necessary to promote the development and economy of the village, including Karang Tunggal village as one of government under Kutai Kartanegara.  

scholarly journals Perkembangan Kemandirian Keuangan Daerah Kabupaten/Kota Di Provinsi Papua

2021 ◽  
Vol 4 (2) ◽  
pp. 1-7
Author(s):  
Albertus Girik Allo
Keyword(s):  
Local Government ◽  
Financial Independence ◽  
West Papua ◽  
Directorate General ◽  
Fiscal Balance ◽  
Ministry Of Finance ◽  
The Republic

Law Number 22 of 1999 on Local Government has changed the system of government in Indonesia to become decentralized, including those related to finance. The purpose of this study is to see the trend of financial independence in the districts/cities in West Papua Province. The measure used to assess this is the ratio of regional financial effectiveness and the degree of fiscal independence. The data used is sourced from the Directorate General of Fiscal Balance, Ministry of Finance of the Republic of Indonesia period 2010 – 2019. The results of the analysis show that the financial effectiveness ratio of districts/cities in West Papua Province has been very effective. However, the degree of fiscal independence shows the opposite condition, where all districts/cities in West Papua Province are still in “belum mandiri” category.

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