Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

Homeless people in the legal system

2020 ◽  
Vol 35 (1) ◽  
pp. 135-153
Author(s):  
Jolanta Zozula
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Legal System ◽  
Homeless People ◽  
Voting Rights ◽  
Practical Implementation ◽  
Legal Provisions ◽  
Legal Situation ◽  
Housing Needs ◽  
The Law

The article is devoted to the legal situation of people in a crisis of homelessness from the perspective of the implementation of human and citizen rights. To this end, the law was reviewed in the scope of satisfying housing needs, the possibility of obtaining an ID card, employment, active voting rights and health care. These are, of course, only selected areas in which the particular situation of homeless people is reflected. Attempts have been made to indicate that the legislator, as a rule, takes into account the specific conditions of existence of homeless people by introducing regulations that allow them to use the full catalogue of human rights and freedoms while respecting the principle of non-discrimination due to the lack of housing or residence. Despite this, there are still areas where the welfare of homeless people is not properly protected. The reason for this situation are difficulties in the practical implementation of solutions contained in normative acts, imprecise legal provisions, as well as the very diverse situation of people experiencing homelessness.

Punishment

2018 ◽  
Author(s):  
Mark McClish
Keyword(s):  
Legal System ◽  
State Violence ◽  
The Law ◽  
The Right

In Indic thought, the daṇḍa (“staff”) represented the king’s use of violence for the purpose of governance. His right and obligation as daṇḍadhara (“wielder of the staff”) to punish those deemed deserving of punishment under the law defined the king’s role in the legal system. In this sense, daṇḍa represented the legalization of domination, in which state violence was reckoned as just punishment. But the king was not the only one with a recognized right to punish. This chapter explores how daṇḍa was used to articulate and legitimize relations of domination within the legal imagination of Dharmaśāstra. It asks, in particular, who is conferred the right to punish and how much?

scholarly journals Guilty of using Google: Reconciling the right to a fair trial with the right to freedom of expression and addressing juror misconduct in the age of social media

2021 ◽  
Author(s):  
◽  
Emma Jane Smith
Keyword(s):  
Social Media ◽  
Legal System ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
Communications Technology ◽  
Independent Research ◽  
The Subject ◽  
The Law ◽  
The Right

<p>It is widely accepted that the right to a fair trial is one of the most important guarantees contained within our legal system. That right is undermined when a jury member conducts his or her own research into a case. This type of juror misconduct constitutes contempt of court. In the light of the fact that the law of contempt is currently the subject of review in a number of jurisdictions, this paper considers how the law of contempt could be adapted to better manage the risk of jurors undertaking independent research. After a discussion of the current law and some problems with it, particularly those created by modern communications technology, this paper considers a number of possible reform options. It makes two broad recommendations. First, that the law should focus relatively more on preventing jurors undertaking their own research than on limiting publication. Second, that independent research by jurors should be the subject of statutory criminalisation, and a range of measures should be adopted to increase jurors’ understanding of the importance of not going outside the evidence before them and to minimize any incentives for jurors to conduct their own research.</p>

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

2021 ◽  
Vol 28 (4) ◽  
pp. 210-222
Author(s):  
Oleksandr D. Sviatotskyi ◽  
Rodion B. Poliakov
Keyword(s):  
Legal Framework ◽  
Legal Analysis ◽  
Electronic Trading ◽  
Trading System ◽  
Legal Study ◽  
Judicial Practice ◽  
Legal Provisions ◽  
German Legislation ◽  
The Law ◽  
The Right

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

scholarly journals Kompetensi Pengadilan Tata Usaha Negara dalam Menyelesaikan Kasus Tanah tentang Hak Pengelolaan

2017 ◽  
Vol 5 (2) ◽  
pp. 108
Author(s):  
Rafiqi Rafiqi
Keyword(s):  
Legal System ◽  
Legal Certainty ◽  
Rights Management ◽  
The Law ◽  
The Right ◽  
Civil Trial ◽  
Civil Courts

<p><em>The Law of Execution in the Administrative Court is different from the law of execution in civil courts. The civil trial of execution law is supplemented by physical means, namely: Jita Sita, aid of State Instruments (Police) and so on, which can force fiction so that the losers obey the court's decision. In the Administrative Court it is not possible, the Administrative Court is only equipped with administrative facilities only, in accordance with its authority which only judges in terms of administrative legality (administrative court). Rights Management issued a letter of proof of rights in the form of a certificate of Right of Management by the Land Office. The management rights are the right to land. The purpose of legal certainty itself will be fulfilled if if a device or legal system that can run and support the achievement of a legal kepolisia, especially the role of institutions that are authorized</em></p>

scholarly journals The right to offset the claims in accordance with the law on bankruptcy of the Republic of Serbia and in the region

2021 ◽  
pp. 119-138
Author(s):  
Vladimir Vrhovšek ◽  
Vladimir Kozar
Keyword(s):  
Bankruptcy Law ◽  
Legal Analysis ◽  
Legal Practice ◽  
Legal Provisions ◽  
Legal Consequence ◽  
The Law ◽  
The Republic ◽  
Business Entities ◽  
The Right ◽  
Legal Compensation

This article discusses a concept of legally permitted and limited offsetting in bankruptcy according to the law of the Republic of Serbia, with comparison to earlier regulations where the offsetting occurred by the force of law, as the legal consequence of initiating bankruptcy proceedings. Legal provisions, legal practice, opinion of the jurisprudence on general and special terms about the right to offset the claims in bankruptcy in the Republic of Serbia, as well as in the countries in the region, have been presented. Relevant legal solutions from laws on bankruptcy of Montenegro, Republic of Srpska, Republic of Croatia, and the Republic of Slovenia have been reviewed. Offsetting claims in bankruptcy proceedings are in principle allowed in regional countries as well. Regarding the effect of bankruptcy on the right to offset the claims, there is a great similarity among the legal solutions in regulations of above mentioned countries, except for the Republic of Slovenia. The Republic of Slovenia retained the broadest concept of legal compensation as a legal consequence of initiating bankruptcy proceedings, which constitutes an important difference compared to restrictive solutions of the Serbian bankruptcy law and regional legislation. This article aims to show to the business entities operating in the region, through comparative legal analysis, different conditions and procedure of offsetting in bankruptcy in national legislation, bearing in mind the importance of this legal institution, which allows the creditors to fully collect their claims outside the bankruptcy payment lines, and regardless of the number of available funds in the bankruptcy estate.

The Paradigm of Originalism: Israeli Constitutional Law and Legal Thought

2019 ◽  
Vol 52 (3) ◽  
pp. 427-454
Author(s):  
Hassan Jabareen
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Review Essay ◽  
Constitutional Law ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Law ◽  
The Right ◽  
Normative Justification

This review essay challenges three main claims about originalism in American legal thought. While it affirms that originalism could be the Law of a legal system, it first challenges the mainstream idea that American originalism is the paradigmatic case in theory and in practice. Second, the essay confronts the normative justification that originalism ensures democracy based on the rule of law. Third, it interrogates the dichotomy between living constitutionalism and originalism regarding the use of history by arguing that originalism is a form of hegemony. The case study analysed in this article is Israeli legal thought and practice after the enactment of the 1992 Basic Laws, with the focus on the right of equality.

Issues of Superion Courts of the Russian Federation when Implementing the Legislative Initiative

2020 ◽  
Vol 10 ◽  
pp. 32-41
Author(s):  
N. G. Stenichkin ◽  
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
Practical Implementation ◽  
Legislative Process ◽  
Constitutional Court ◽  
Legal Method ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Law ◽  
The Right

The problem. The concept of «issues of reference» is used in the Constitution of the Russian Federation when listing the subjects of the law of legislative initiative in relation to the judiciary. The legislation does not disclose or define this concept, which leads to discussion about its content and, as a result, raises questions about the practical implementation of the separation of powers principle in the legislative process. Aims and objectives of the study: we determined the limitations of the law of legislative initiative of the higher courts of Russia from the point of view the legal grounds for such restrictions, their subjects and legal consequences. Methods: we use both the common scientific methods (e. g. systemic, deductive) as the special-legal methods (formal, dogmatic, state-legal modeling method, comparative legal method etc.). Results: we conclude that «issues of reference» is a special constitutional legal term used in the Constitution of the Russian Federation to describe all functions of the certain branch of power or the public authority. This term in its content is broader than the concepts of «authority», «subjects of jurisdiction» and «jurisdiction». The use of the term «issues of reference» towards the higher courts, as subjects of the right of legislative initiative, does not allow us to assert the constitutional sense of existence various types of legislative initiative right, such as general right and limited (special) right. The practice of exercising the right of legislative initiative by the higher courts, as well as the applying the Procedure Rules of the State Duma of the Russian Federation does not provide for any restrictions on the right of courts to initiate bills. Russian legislation lacks mechanisms for applying the term «issues of reference» as an instrument restricting the constitutional right of the higher courts to participate in the legislative process. Also, such mechanisms are not reflected in the regulatory framework governing the activities of the higher courts. The term «issues of reference», applied to the legislative initiative right of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, does not imply any exemptions from the right to initiate bills given by the Constitution to other entities, but this term is used in the delimitation of legislative functions between the higher courts.

scholarly journals THE “POLYGRAPH SHARIKOV” CONCEPT: PROBLEMATIC ISSUES OF UPDATING THE CIVIL LEGISLATION OF UKRAINE

2021 ◽  
pp. 143-149
Author(s):  
V.O. Koverznev ◽  
Keyword(s):  
Physical Education ◽  
Vocational Education ◽  
Small Group ◽  
Poverty Line ◽  
Scientific Publication ◽  
Practical Implementation ◽  
Economic Management ◽  
Economic Competition ◽  
The Law ◽  
The Right

The article substantiated that by its legal nature the Concept of updating the Civil Code of Ukraine reflects exclusively the personal views of a small group of scientists, the authenticity of which is not confirmed by the results of scientific research; the document does not have the status of a scientific publication and has not passed the procedure for discussion in the professional environment. The private nature of the Concept preparation excludes its use as a basis for legislative work of the Verkhovna Rada of Ukraine. It has been proved that the Concept has methodological problems, and the proposals formulated in it contradict the Constitution of Ukraine, violate social guarantees and do not agree with the norms of the current legislation, in particular: the Law of Ukraine “On Local Self-Government in Ukraine”, the Tax Code of Ukraine, the Land Code of Ukraine, the Law of Ukraine “On Education”, the Law of Ukraine “On Protection of Economic Competition” etc. It was emphasized that the implementation of certain provisions of the Concept for updating civil legislation of Ukraine will lead to the impossibility of practical implementation by local self-government bodies of functions in the field of housing and communal services, consumer services; in the field of culture, health, education, physical education and sports and the commercialization of these services. This will lead to a rapid increase in the level of prices for housing and communal services, the complete destruction of the system of free medical care, as well as free preschool, complete general secondary and professional (vocational) education. Since more than 60% of the population of Ukraine is currently below the poverty line, a significant increase in prices for utilities, the transfer of healthcare institutions, as well as preschool, general secondary and vocational (vocational) education exclusively on the commercial basis of management will deprive the vast majority of the population of the financial opportunity to pay their market value, which will lead to a further decrease in living standards and deterioration of the demographic situation in Ukraine, which is already unsatisfactory. In addition, the population of Ukraine will be limited in access to the services of cultural, physical education and sports institutions. It was concluded that the refusal of the real right of economic management and the right of operational management will create preconditions for depriving territorial communities of communal property and the impossibility of fulfilling their constitutional powers, as well as to enrich a small group of persons of private law and the final impoverishment of the rest of the population of Ukraine.

scholarly journals Legal nature of the impermissibility warning violations of requirements in the fuel and energy sector

2020 ◽  
pp. 135-150
Author(s):  
T. I. Otcheskaya ◽  
T. I. Afanasieva
Keyword(s):  
Energy Sector ◽  
Practical Implementation ◽  
Legal Certainty ◽  
Proper Understanding ◽  
Legal Provisions ◽  
Legal Nature ◽  
Essential Properties ◽  
Federal Laws ◽  
The Law ◽  
Fuel And Energy Sector

In the context of protecting the rights of entrepreneurs, the authors investigate the problem of determining the legal nature of such an act of reaction to an offense as a warning. The lack of a proper understanding of the nature of the warning determines the problems associated with the announcement of the warning, provided for By the law on the Prosecutor’s office and various Federal laws. Analysis of the practical implementation of these rules has shown a lack of necessary clarity and unambiguity of the regulations. The lack of a unified doctrinal approach to understanding the essence of the warning against violation of requirements is another confirmation of this. Having identified and analyzed the essential properties of the warning and its basis, the authors conclude that by its legal nature, the warning is a nonnormative legal act and can be challenged in court, which is confirmed by relevant examples of judicial and prosecutorial practice. Current legal provisions that obscure the obligation of the addressee to comply with the warning are subject to adjustment in order to ensure legal certainty.

Sign in / Sign up

Export Citation Format

Share Document