scholarly journals The Federal Law «On Librarianship»: the Results of 20 Year-Long Work

2014 ◽  
pp. 20-28
Author(s):  
N. A. Sakharov
Keyword(s):  
Comparative Analysis ◽  
Future Development ◽  
Federal Law ◽  
The Future ◽  
20Th Anniversary ◽  
The Law

There is retrospectively assessed the Federal law "On Librarianship" in connection with 20th anniversary of its enactment. There is given the comparative analysis of the basic Federal law and the preceding library legislation in our country. There is described significance of the law and its role in the future development of the Russian libraries.

The Nature of the Re Hastings-Bass Duty

2015 ◽  
Author(s):  
Michael Ashdown
Keyword(s):  
Supreme Court ◽  
Future Development ◽  
The Supreme Court ◽  
The Future ◽  
The Law ◽  
Matters Of Concern ◽  
Court Of Appeal ◽  
Relevant Consideration ◽  
Two Alternatives

Lord Walker’s analysis in Pitt v Holt in the Supreme Court accords in all essential respects with the reasons put forward in Chapter 3 to prefer a duty (‘weak’) rather than results-oriented (‘strong’) account of the Re Hastings-Bass rule, as does the approach adopted by Lloyd LJ in the Court of Appeal, which Lord Walker expressly endorses. Yet Lord Walker’s judgment does not yet provide a wholly comprehensive basis for the future development of the law. There remain a number of loose ends, arising predominantly from issues not specifically before the court in Pitt, but which have been matters of concern in earlier Re Hastings-Bass cases, including: how a ‘relevant consideration’ is defined; the significance of establishing that the trustees ‘would’ or ‘might’ have acted differently, in view of Lord Walker’s refusal to choose between these two alternatives; the specific problems arising from the use of professional advisers, and in cases concerning tax liability and pension trusts. These matters are addressed in detail in chapters 5 to 8. But in order to do this it is first necessary to clarify the juridical nature of the ‘duty of consideration’ upon which Lord Walker’s analysis depends.

scholarly journals Developmental Direction of South Korean Casino Market

2015 ◽  
Vol 2 (2) ◽  
pp. 1 ◽  
Author(s):  
Hyungsok Kim ◽  
Minwan Kang
Keyword(s):  
Economic Growth ◽  
Future Development ◽  
Turning Point ◽  
Foreign Capital ◽  
Current Situation ◽  
Tourism Industry ◽  
South Korean ◽  
Sensitive Issue ◽  
The Future ◽  
The Law

<p class="2M-body">Korean casino market is currently in a new turning point and plans to expand more casinos in addition to the 17 casinos and talks about development of the tourism industry through massive investment of foreign capital. Casino market is such a sensitive issue in our country and except for Kang-won Land, all casinos are exclusively for foreigners. However, foreign capital has announced plans to invest substantial capital in terms of allowing locals to enter casino as well. Under these circumstances, Kang-won Land Casino is strongly claiming that allowing locals to casino is illegal under the law, but certain regions confront that amending the law on the investment is necessary for economic growth to attract more casinos. In this study, we grasp the current situation and its development of casino in Korea and set a direction for the future development of casino</p>

Problems of administrative responsibility for violation of the law on banks and banking

2016 ◽  
Vol 11 (3) ◽  
pp. 126-136
Author(s):  
Гончарук ◽  
Natalya Goncharuk ◽  
Кулаженкова ◽  
Nataliya Kulazhenkova
Keyword(s):  
Comparative Analysis ◽  
Research Topic ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Federal Laws ◽  
The Law ◽  
Banks And Banking ◽  
Administrative Code ◽  
Administrative Responsibility

In the article the phenomenon of discussion in legal science and practice, of administrative responsibility for violation of the law on banks and banking activities is discussed. The relevance of the research topic is determined by the fact that the litigation of violations in this sphere causes difficulties in judicial practice, because the rules of banks and banking activities are also contained in other federal laws, causing significant controversy in determining proper measures of responsibility. The article provides a comparative analysis of the legal liability for violation of the law on banks and banking activities, provided by the rules of the Administrative Code and the Federal Law «On the Central Bank of the Russian Federation (Bank of Russia)»; types of interventions provided for banking offenses are discussed and the ways of solving the problem are indicated.

scholarly journals KONTRIBUSI IBN ‘ĀSYŪR DALAM KAJIAN MAQĀSID AL-SYARĪ’AH

2016 ◽  
Vol 15 (2) ◽  
pp. 285
Author(s):  
Safriadi Safriadi
Keyword(s):  
Future Development ◽  
Human Relationship ◽  
Legal Entity ◽  
Unique Character ◽  
The Future ◽  
The Law ◽  
The Times ◽  
Important Position ◽  
Epistemological Framework

This study aims to understand the contribution of Ibn 'Ashur in the development of maqāsid al-syarī‘ah. This study uses normative method. The results showed that the contribution of Ibn 'Ashur on maqāsid al-syarī‘ah is divided into three categories, namely: the establishment of the legal entity of maqāsid; the formulation of maqāsid urgency implementation; and the division of the maqāsid al-shari'a into maqāsid al-'ammah, and maqāsid al-kha̅shshah. The first is about the legality of the law of maqāsid, that Allah, as the owner of sharī'ah, is impossible to bestow sharī'ah upon humankind without being accompanied by a noble purpose and wisdom. It is implicitly described in the verses of the holy Qur'an as mentioned in Sūrah al-Dukhān, verses: 38-39, Sūrah al-Mu’minūn, verse: 115, Sūrah al-Ḥadīd verse: 25, Sūrah ‘Alī ‘Imrān verse: 19. On maqāṣid al-'ammah, Ibn 'Asyūr confirms the important position of universality in sharī’a complexity. According to him, universality is one of the unique character of Islamic Sharī'ah, which is adjustable to the the future development of the times. The concept of maqāṣid al-'āmmah is jalb al-maṣa̅liḥ, wa dar’ al-mafa̅sid and taysīr wa raf' al-ḥarj. In this regard, he formulated four epistemological framework on al-Maqasid epistemology, namely: nature, tolerance (al-ṣama̅ḥah), equation (al-musāwah), freedom (al-Hurriyyah). On Maqasid al-kha̅ṣṣah, Ibn 'Ashur implemented the principle of Maqasid al-'amma. This is stipulated in various aspects, for example in worship, human relationship (muamalat), and others.

scholarly journals REANALYSING INSTITUTIONAL AND REMEDIAL CONSTRUCTIVE TRUSTS

2016 ◽  
Vol 75 (3) ◽  
pp. 528-549
Author(s):  
Ying Khai Liew
Keyword(s):  
Future Development ◽  
Judicial Discretion ◽  
The Future ◽  
English Law ◽  
The Law ◽  
Exercise Of Discretion

AbstractIt is often said that English law does not impose “remedial” constructive trusts because it is manifestly inappropriate and fundamentally unjustified to impose trusts through the exercise of judicial discretion and with retrospective effect. This paper observes the definitional deficiencies in this understanding, and reanalyses constructive trusts in terms of the rights which they give effect to. This understanding reveals that English law sets its face against the exercise of discretion in relation only to some “remedial” constructive trusts and not others, and that the perceived difficulties with remedial constructive trusts are often exaggerated. It ends by noting some crucial implications of the re-analysis for the future development of the law.

Restrictions on Assignment of Commercial Leases: A Comparative Perspective

2006 ◽  
Vol 35 (2) ◽  
pp. 93-120
Author(s):  
Letitia Crabb
Keyword(s):  
Future Development ◽  
Common Law ◽  
Comparative Perspective ◽  
Legal Advice ◽  
The Us ◽  
The Future ◽  
The Law

The operation of restrictions on the assignment of commercial leases is examined in a number of common law jurisdictions to ascertain whether lessons can be learned to inform the future development of the law. It is concluded that while absolute restrictions have a useful role to play, there is a case for banning them in sectors of the market where tenants lack adequate legal advice. Drawing on the US experience, it is considered that qualified restrictions have little to commend them. In relation to fully qualified restrictions, it is submitted that the ‘reasonableness' standard needs to be rebalanced in favour of tenants. Even if that were to be achieved however, vulnerable tenants would still need protection from sophisticated drafting mechanisms adverse to their interests. A special statutory regime for small commercial tenants is recommended.

Obecny stan badań nad Zagładą na Ukrainie

2014 ◽  
pp. 889-915
Author(s):  
Anna Abakunkova
Keyword(s):  
Future Development ◽  
The State ◽  
Significant Part ◽  
Educational Organizations ◽  
Major Research ◽  
Holocaust Studies ◽  
The Holocaust ◽  
The Future

The article examines the state of the Holocaust historiography in Ukraine for the period of 2010 – beginning of 2014. The review analyzes activities of major research and educational organizations in Ukraine which have significant part of projects devoted to the Holocaust; main publications and discussions on the Holocaust in Ukraine, including publications of Ukrainian authors in academic European and American journals. The article illustrates contemporary tendencies and conditions of the Holocaust Studies in Ukraine, defines major problems and shows perspectives of the future development of the Holocaust historiography in Ukraine.

Sign in / Sign up

Export Citation Format

Share Document