scholarly journals POLEMIKE O STATUSU DRŽAVE I KRALJEVINE SHS

2020 ◽  
Vol 36 (3-4) ◽  
pp. 269-288
Author(s):  
Igor Ivašković
Keyword(s):  
Analytical Methods ◽  
Legal Status ◽  
The State ◽  
Central Issue ◽  
Court Decisions ◽  
International Dispute ◽  
Legal Opinions ◽  
Post War ◽  
Made In

The article aims mainly at analyzing the issue of legal (dis)continuity between the Kingdom of Serbia and the Kingdom of Serbs, Croats and Slovenes (hereinafter the Kingdom of SCS) within the context of an international dispute between Germany and the Kingdom of SCS, and to revealing the reasons for different court decisions interpretations in a particular case. By using the techniques of historical-legal and analytical methods in researching into documents and secondary opinions given by politicians and constitutional lawyers, the paper first gives a brief overview of international circumstances that enabled the post-war states formation. It also summarizes different opinions regarding the legal status of the State of SCS and the character of the First-December Act taking into account historical and modern international and constitutional criteria. The conclusion is made in the context of discussion regarding the central issue that Ivan Žolger’s interpretation that despite the verdict in the particular case, the Kingdom of SCS was a new state, since it was not created in accordance with the 1903 Constitution of the Kingdom of Serbia. In addition to the argument that the State of SCS met the basic criteria of statehood, and that the formation of the Kingdom of SCS interrupted the constitutional continuity of the Kingdom of Serbia, the contribution of the paper lies in the argument that different legal opinions were not so much the result of legal ambiguities, but primarily a reflection of one, out of many, political battles fought between the conflicting state ideologies.

scholarly journals Constitutional and legal status of the Constitutional Council of France

2020 ◽  
pp. 138-141
Author(s):  
Andrey Irkliienko
Keyword(s):  
Legal Status ◽  
The State ◽  
Constitutional Court ◽  
Dual Nature ◽  
National Assembly ◽  
Binding Force ◽  
The Republic ◽  
Made In

he Constitutional Council of France is a body of constitutional control established by the Constitution of 1958. The ConstitutionalCouncil is not the only body that carries out the control over constitutionality. The peculiarity of constitutional control in France consistsin the fact that it has a dual nature and goes beyond well-known models of constitutional control. The constitutionality of acts, issuedby the Parliament, is considered by the Constitutional Council, and after the executive bodies do that, it is passed on to the State Council.Despite the fact that the Constitutional Council is not nominated by a court, its decisions, by their essence, are judicial acts and,likewise the decisions of the Constitutional Court of Ukraine, are endowed with the property of binding force. They are obligatory forall administrative and judicial bodies and are not subjected to revision (the Paragraph 3 of the Article 62 of the French Constitution).However, it should be taken into account that in addition to binding decisions, the Constitutional Council “expresses opinions” that areadvisory in their nature.In addition to carrying out constitutional control, the Constitutional Council has a number of other functions, such as political,advisory and acts as a court to assess the results of elections of deputies to the National Assembly and the Senate, and elections of thePresident of the Republic. Perhaps that is why the Constitutional Council classifies its decisions due to the types of its own powers.Herewith, the noted specific peculiarities are denoted by the Constitutional Council with the help of fixed letter combinations, which are included in the numbers of decision: REF, enacted on referendum issues; ORGA, enacted on issues of the organization of the Cons -titutional Council, etc.Since, despite all the diversity of functions of the Constitutional Council of France, therefore, its main purpose remains the cons -titutional control. Therefore, using the criterion of powers, under which decisions are made, in terms of initial graduation one shouldpoint out the decisions on issues, which are connected with providing compliance of the Constitution with regulatory acts (assuring thepriority of the Constitution), and decisions passed while carrying out other powers.Decisions of the Constitutional Council outstand with being formal and brief. A decision can take literally a few paragraphs. Themost frequently, the Constitutional Council merely refers to a constitutional norm or is limited to the phrase “these provisions do notcontradict the Constitution”, giving guidance and justifying its position in the least.

The Legal Status of the Holy Places in Jerusalem

1994 ◽  
Vol 28 (4) ◽  
pp. 589-600
Author(s):  
Izhak Englard
Keyword(s):  
Legal Status ◽  
Legal Aspects ◽  
The State ◽  
Court Decisions ◽  
International Conflicts ◽  
Jewish State ◽  
Legal Problems ◽  
Holy Places ◽  
Ideological Background ◽  
State Of Israel

The legal problems relating to the Holy Places in Jerusalem are of a very complex and delicate nature. The issue has a long history, and its complexity is the result of turbulent religious, ethnic, national and international conflicts over the Holy Places. The problems were not created by the State of Israel, but the establishment of the Jewish State added new dimensions to the age-old contest. I shall first describe briefly the ideological background of the problem, then analyze its legal aspects and finally illustrate its complexity by a number of Israel court decisions.

scholarly journals Political ideology in the legislation of the UkrSSR 1950–1960: anthropological aspect

2020 ◽  
pp. 128-137
Author(s):  
Muzyka Iryna
Keyword(s):  
Political Ideology ◽  
Legal Status ◽  
Decisive Role ◽  
Central Committee ◽  
The State ◽  
Entire Population ◽  
The Status ◽  
Post War ◽  
The Right ◽  
The Masses

In modern legal science, the anthropological approach that makes it possible to investigate, in particular, the orientation of the right to the human problem in law becomes of great relevance. In the perspective of legal anthropology, an important issue is the status of a person in the state mechanism (the place of the person in the hierarchy of values, the scope and guarantees of his rights and freedoms, the duties of the person) within the relation of state-centrism and anthropocentrism in the normative acts of the UkrSSR authorities of the post-war period. The draft Constitution of the UkrSSR in 1964 provided for a change in the legal status of the inpidual in the UkrSSR. For the first time in the history of "Soviet constitutional law" the concept of "freedom of the inpidual" was introduced, the whole complex of citizens' rights was revised, some new categories of rights were introduced, such as the supreme and fundamental human rights, the mechanism of their guarantees by society and the state was first laid. It was envisaged to consolidate various forms of direct exercise of political power by citizens, to create new forms of influence of citizens on the state power in general. Thus, in the early 1960s, the Soviet state had the potential to change qualitatively if the new UkrSSR Constitution was adopted. Therefore, the dismissal of MS Khrushchev from the duties of the First Secretary of the CPSU Central Committee and the Chairman of the Council of Ministers of the USSR appears to be conditioned, including, by the radical significance of the Constitutional project, which has never been adopted. It is possible to draw the following conclusion: in the period under study in the UkrSSR (as well as the USSR), the center of legal reality was not the person, but the norms of legal prescriptions of the state, formulated on the basis of political and ideological doctrine developed by the leadership of the CPSU – Communist Party. It is possible to characterize the status of a person under the legislation of 1950–1960 as a result of the implementation in the normative acts of political and ideological guidelines of the leadership of the CPSU – CPU. According to the communist ideology of that time, the life of society was regarded as the existence of the entire population of inpiduals, masses of people, and therefore the decisive role in the life of society belongs not to inpidual inpiduals, but to their entire population. This meant a significant overriding of the "necessary" relative to the "freedom" of man, that is, the interests of party-state leadership, collective interests over the interests of the inpidual; the non-recognition of the inpidual sovereignty of a person who was largely considered part of the collective subject – the "masses"; lack of reconciliation of interests of inpiduals and the state, which in many cases gave rise to conflict situations.

scholarly journals Elements of administrative and legal status of the State executive service of Ukraine

2020 ◽  
Vol 2020 (3) ◽  
pp. 60-68
Author(s):  
Shamruk N.B. ◽  
◽  
Makiienko A.A. ◽  
Keyword(s):  
Key Words ◽  
Legal Status ◽  
The State ◽  
Judicial Reform ◽  
Court Decisions ◽  
International Treaties ◽  
High Quality ◽  
Positive Results ◽  
State Body

High-quality execution of court decisions and decisions of other bodies is one of the main priorities of the Ministry of Justice of Ukraine, as the state must not only ensure fair consideration of cases in courts and other bodies, but also guarantee fair, high-quality and fast execution of such decisions. This task is assigned to the bodies of the State Executive Service and private bailiffs.Reform of execution of court decisions in general and the bodies of the State Executive Service in particular is key one both for Ukraine and the Ministry of Justice of Ukraine. The steps already taken in the area of ​​judicial reform and are being implemented today are yielding positive results, but the reform should be continued. In future, it is necessary to ensure the protection of society by ensuring obligatory enforcement of court decisions by modernizing the service of state bailiffs and protecting private bailiffs for the execution of court decisions.Any state body must have a clear legal status in order to function effectively. The current legal status of the State Executive Service of Ukraine is determined by the Constitution of Ukraine, Laws of Ukraine “On Enforcement Proceedings” dated 02.06.2016 № 1404-VIII, “On bodies and persons carrying out enforcement decisions and decisions of other bodies” dated 02.06.2016 № 1403-VIII and other laws, as well as international treaties of Ukraine, the consent to the binding nature of which was given by the Verkhovna Rada of Ukraine and regulations adopted for their implementation.In this article, the elements of the administrative and legal status of the State Executive Service of Ukraine are considered through the prism of the components, in particular: goals, objectives, functions, competence and powers, principles of the State Executive Service of Ukraine. Key words: purpose, tasks, functions, competence, powers, interaction of the State Executive Service of Ukraine.

scholarly journals Modification of the legal basis of the activity of religious orders in Poland introduced by the communist authorities in 1949

2014 ◽  
Vol 17 ◽  
pp. 193-208
Author(s):  
Marta Ordon
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
The State ◽  
Communist Regime ◽  
Complete Disappearance ◽  
Religious Orders ◽  
National Unity ◽  
Legal Context ◽  
The Law ◽  
Post War

This study casts light on the circumstances and effects of changes to the legal acts defining the legal framework of the activities of religious orders in post-war Poland. Until 1949, religious orders had not been covered by the regulations on the creation and legalization of secular associations. Pursuant to the decree of 5 August 1949, however, they were obligated to comply with the provisions of the Law on Associations. Failure to apply for the registration resulted in the dissolution of the order and the forfeiture of its assets by the state. Still, despite the submission of the applications as provided by law, the authorities refused to registered orders and did not maintain an official register of such entities, either. In point of fact, the communist regime only intended to develop such a legal context in which the law might be used as a tool of repression against religious orders. The actual aim of the 1949 amendment was not the intent to clarify the legal status of religious orders, which remained uncertain in the aftermath of the Resolution of the Provisional Government of National Unity of 12 September 1945 invalidating the 1925 Concordat. The authorities only intended to establish a strict state control over religious organizations and, by extension, gradually reduce their activity until their complete disappearance from public life. The content relies primarily on the analysis of the legislation and archival material gathered in the state and ecclesiastical archives in Poland.

scholarly journals The Establishment of the Supervisory Government in China

2021 ◽  
Vol 1 ◽  
pp. 74-77
Author(s):  
Aleksandr P. Alekseenko ◽  
Keyword(s):  
Legal Status ◽  
The State ◽  
Chinese Society ◽  
State Supervision ◽  
Central Commission ◽  
People's Congress ◽  
Made In

This paper examines amendments to the Chinese Constitution made in 2018, concerns the establishment of supervisory commissions. The Supervision Law of the PRC which develops Constitutional provisions is also studied. The author analyzes legal status of the State Supervision Commission and local supervision bodies. There is made a conclusion that abovementioned bodies have broad powers in the field of extra-judicial struggle against corruption. Moreover, it is argued that supervision bodies are not under control of administrative and judicial bodies of the PRC, and that they are responsible to the people’s congress only. Despite of the fact of supervision bodies’ independence they are welded with Central Commission for Discipline Inspection. Therefore, these bodies give the Chinese Communists Party additional tools of influence on Chinese society.

Whose Nation, Whose State? Working-Class Nationalism and Antisemitism in Poland, 1945‒1947

2000 ◽  
pp. 224-235
Author(s):  
Padraic Kenney
Keyword(s):  
National Identity ◽  
Working Class ◽  
The State ◽  
Central Issue ◽  
Communist Regime ◽  
National Consciousness ◽  
Post War ◽  
State Relations ◽  
Class Nature

This chapter studies working-class nationalism and antisemitism in post-war Poland. It argues that in early post-war Poland, citizen–state relations expressed themselves in part through national identity. In this context, antisemitism took on new meaning in Poland because it became not only an expression of fears about national identity and cultural vulnerability, but also a means of defining the state and citizenship. Thus, national identity paradoxically sharpened as Poland approached homo-ethnicity. Before and during the war, Polish workers had expressed a strong national consciousness, and post-war reconstruction invoked national themes. The professed class nature of the new state, however, and the practical concerns of the workers eventually made allegiance to the state a central issue. That allegiance was potentially based not just upon prosperity or nationalism, but upon agreement with certain programmes and policies of the communist regime.

Chasing Angels: The Sweet Wine Angelica

2008 ◽  
Vol 8 (3) ◽  
pp. 74-78
Author(s):  
hank shaw
Keyword(s):  
The State ◽  
The Real ◽  
Mission Period ◽  
History Of ◽  
Uncertain Future ◽  
Sweet Wine ◽  
Made In

Portugal has port, Spain has sherry, Sicily has Marsala –– and California has angelica. Angelica is California's original wine: The intensely sweet, fortified dessert cordial has been made in the state for more than two centuries –– primarily made from Mission grapes, first brought to California by the Spanish friars. Angelica was once drunk in vast quantities, but now fewer than a dozen vintners make angelica today. These holdouts from an earlier age are each following a personal quest for the real. For unlike port and sherry, which have strict rules about their production, angelica never gelled into something so distinct that connoisseurs can say, ““This is angelica. This is not.”” This piece looks at the history of the drink, its foggy origins in the Mission period and on through angelica's heyday and down to its degeneration into a staple of the back-alley wino set. Several current vintners are profiled, and they suggest an uncertain future for this cordial.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

Analysis of geodetic and legal documentation in the process of expropriation for roads. Krakow case study

2013 ◽  
Vol 62 (1) ◽  
pp. 67-84
Author(s):  
Anna Trembecka
Keyword(s):  
Local Government ◽  
Legal Status ◽  
The State ◽  
Property Value ◽  
Real Property ◽  
Construction Design ◽  
Special Rules ◽  
The City

Abstract Amendment to the Act on special rules of preparation and implementation of investment in public roads resulted in an accelerated mode of acquisition of land for the development of roads. The decision to authorize the execution of road investment issued on its basis has several effects, i.e. determines the location of a road, approves surveying division, approves construction design and also results in acquisition of a real property by virtue of law by the State Treasury or local government unit, among others. The conducted study revealed that over 3 years, in this mode, the city of Krakow has acquired 31 hectares of land intended for the implementation of road investments. Compensation is determined in separate proceedings based on an appraisal study estimating property value, often at a distant time after the loss of land by the owner. One reason for the lengthy compensation proceedings is challenging the proposed amount of compensation, unregulated legal status of the property as well as imprecise legislation. It is important to properly develop geodetic and legal documentation which accompanies the application for issuance of the decision and is also used in compensation proceedings.

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