scholarly journals Legal and Practical Aspects of Bankruptcy Proceedings in Albania and Their Role in the Protection of Stakeholders

2014 ◽  
Vol 2 (1) ◽  
pp. 229
Author(s):  
Blerta Aliu
Keyword(s):  
Legal Norms ◽  
Positive Tendency ◽  
Commercial Code ◽  
Correct Ratio ◽  
Bankruptcy Procedure ◽  
The Law ◽  
The Republic ◽  
Economic Assets ◽  
First Time ◽  
Made In

Bankruptcy represents an effort to find the correct ratio between the need to protect economic assets left over from a subject in crisis and need to take care and realize greater extent the rights of creditors. Bankruptcy in Albania, for the first time was adjusted in the Commercial Code of Zogu, " Book six – Bankruptcy". Today in the Republic of Albania the law in 2002 "On bankruptcy" amended by law in 2008. This law is largely a continuation of adjustments made in 1995. This paper will address the news that the new law brings, regarding the procedures to be followed and the conditions to be met for a person debtor, can be downloaded from the remaining obligations. Regulated recognition of a foreign bankruptcy procedure and the opening of a secondary procedure, as well as collaboration between the higher of the two bankruptcy proceedings. Also, according to recent changes have envisaged by the law, Bankruptcy Supervision Agency" which is a public legal entity. We will treat the compatibility of our legislation with EU Regulation of 2000. The methodology used in the paper is the analysis of legislation and practical decisions. The conclusions show a positive tendency of legal norms to protect creditors, but the level of jurisdiction decisions and practice seems more embryonic. Relevance of this topic is related to social, legal but also economic aspects.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

scholarly journals ОПЕРАЦИЯЛЫҚ ІЗДЕУ ҚЫЗМЕТІНІҢ ЗАҢНАМАЛЫҚ РЕТТЕУЛЕРІН ЖАҚСАРТУ ЖОЛЫМЕН ҚЫЛМЫСҚА ҚАРСЫ КҮРЕС МӘСЕЛЕЛЕРІН ШЕШУ

2021 ◽  
pp. 163-169
Author(s):  
Ахметкали Шаймуханов
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Legal Norms ◽  
Legal Literature ◽  
The Law ◽  
The Republic ◽  
Analysis And Study

В статье рассматриваются и анализируются некоторые положения действующего оперативно-розыскного законодательства Республики Казахстан. На основе сравнительного анализа и изучения юридической литературы поднимаются проблемы, возникающие в правоприменительной деятельности при реализации отдельных положений закона. Автором вносятся предложения и рекомендации по совершенствованию правовых норм, направленные на решение задач, связанных с профилактикой, предупреждением и пресечением наиболее опасных уголовных преступлений. Мақалада Қазақстан Республикасының қолданыстағы жедел-іздестіру заңнамасының кейбір ережелері талқыланып, талданған. Салыстырмалы талдау және заң әдебиеттерін зерттеу негізінде заңның белгілі бір ережелерін жүзеге асыру кезінде құқық қорғау органдарында туындайтын проблемалар көтеріледі. Автор аса қауіпті қылмыстық құқық бұзушылықтардың алдын алуға, алдын алуға және жолын кесуге байланысты мәселелерді шешуге бағытталған құқықтық нормаларды жетілдіру бойынша ұсыныстар мен ұсыныстар енгізеді. The article discusses and analyzes some of the provisions of the current operational-search legislation of the Republic of Kazakhstan. Based on comparative analysis and study of legal literature, the problems arising in law enforcement activities in the implementation of certain provisions of the law are raised. The author makes suggestions and recommendations for improving legal norms aimed at solving problems related to the prevention, prevention and suppression of the most dangerous criminal offences.

Homework under the law

2021 ◽  
Vol LXXXII (2) ◽  
pp. 153-160
Author(s):  
Michał Długosz
Keyword(s):  
Social Problem ◽  
International Agreements ◽  
Legal Norms ◽  
Constitutional State ◽  
The Subject ◽  
The Law ◽  
The Republic

Giving too much complex homework has become a significant social problem and the subject of unsuccessful activities of constitutional state authorities. In light of the Constitution of the Republic of Poland, international agreements that Poland is bound by, as well as domestic regulations, the practice of giving homework to students seems to be unjustified or even to be in breach with numerous legal norms.

scholarly journals Czy idea tak zwanej wtórnej legalności się broni?

2017 ◽  
Vol 43 ◽  
pp. 401-420
Author(s):  
Jarosław Majewski
Keyword(s):  
Legal Culture ◽  
Social Benefits ◽  
Final Conclusion ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Basic Assumptions ◽  
The Social ◽  
The Law ◽  
The One ◽  
Made In

Is the idea of so-called “secondary legality” defensible?The aim of the study is critical analysis of the idea of so-called “secondary legality” of an act used by some jurists to explain types of behaviour falling into the category of circumstances excluding lawlessness of an act justification, namely to define the relation between such types of behaviour and the legal system as a whole, and the various sanctioned norms that are part of the system. First, the author examines the relation between the assumption that a type of behaviour which falls within the category of circumstances excluding lawlessness of an act constitutes a legal transgression of the sanctioned norm, and the basic assumptions made in the Polish legal culture concerning the process of creation and application of the law as well as its systematic analysis. He demonstrates that consistent use of the secondary legality category would require a considerable remodelling of these assumptions, above all, rejection of the assumption that legal norms are introduced to be met as well as all consequences stemming from this assumption as well as abandonment of the approach to the law as a set of legal norms that is internally cohesive. Next, the author analyses the internal aspects of the idea of secondary legality of an act. He demonstrates that it encompasses contradictory statements: on the one hand that justifi able behaviour constitutes socially harmful, negative and thus a typical attack on legal interest, and on the other hand that the social benefits ultimately outweigh losses in the case of justifiable behaviour. All the above justifies the author’s final conclusion that the category of secondary legality of an act is not useful.

scholarly journals FEATURES OF THE QUALIFICATION OF UNFAIR COMPETITION EXPRESSED IN THE FORM OF ILLEGAL ACTIONS REGARDING PROTECTED INFORMATION

2021 ◽  
pp. 100-103
Author(s):  
A. S. Valevko
Keyword(s):  
Scientific Literature ◽  
Unfair Competition ◽  
Legal Analysis ◽  
Legal Norms ◽  
Disclosure Of Information ◽  
Legal Regimes ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
Definition Of Information

The article deals with the characteristics of one of the forms of unfair competition associated with the illegal receipt, use, disclosure of information prohibited by article 30 оf the law of the Republic of Belarus "On countering monopolistic activities and development of competition". Based on the legal analysis of the legal norms of the antimonopoly legislation and scientific literature, the author reveals the signs and conditions of disorganization of the competitor's activities committed by illegal dissemination of commercial or official secrets. The author analyzes the definition of" information", signs of commercial and official secrets and the legal regimes established in relation to them. The circumstances and elements of the offense are important for the requirements of an administrative offense under Article 13.33 "Unfair Competition" of the Code of the Republic of Belarus on Administrative Offenses, expressed in the form of actions in relation to protected information, are considered. 

scholarly journals HAK KONSTITUSIONAL PENGUSULAN PASANGAN CALON PRESIDEN DAN WAKIL PRESIDEN DALAM SISTEM PEMILIHAN UMUM DI INDONESIA

Al-Qadha ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 59-79
Author(s):  
Irwansyah
Keyword(s):  
Political Parties ◽  
Electoral System ◽  
Vice President ◽  
General Election ◽  
Constitutional Rights ◽  
The Law ◽  
The Republic ◽  
First Time

Political parties in the constitution of the Republic of Indonesia and the law have constitutionalrights to propose candidates for President and Deputy President. The current electoral systemrequires that before nominating the President and Vice President, political parties must have 20percent of the vote in the legislature / DPR or obtain 25 percent of the national legitimate votes inthe previous general election. With the implementation of this system, not all political parties canpropose candidates for President and Vice President candidates. Then what is the fate of the partythat does not achieve this provision even the new party which is also the first time participating inthe general election. With the application of the nomination threshold in the electoral system inIndonesia, it will certainly restrict or limit the constitutional rights of political parties that do not meet the desired conditions of the threshold

scholarly journals Treasures of the Elite of the Bulgharian Ulus of the Gol­den Horde

2021 ◽  
Vol 9 (3) ◽  
pp. 520-546
Author(s):  
Konstantin A. Rudenko ◽  
Keyword(s):  
Fifteenth Century ◽  
Fourteenth Century ◽  
Study Results ◽  
Archaeological Materials ◽  
The Republic ◽  
First Time ◽  
Gold Coins ◽  
The Village ◽  
The City ◽  
Made In

Research objectives: To analyze the materials of the most famous hoards of the Golden Horde era found on the territory of the Bulgharian ulus on the basis of a comprehensive analysis. To identify the coincidence of jewelry that they contained. To determine the similarities and differences with other finds from this territory, as well as to identify the possible place of their manufacture and their connection with archaeological sites. Research materials: Preserved jewelry from the Karasham and Juketau hoards. The former was found in 1950 near the village of Karasham in the Zelenodolsk district of the Republic of Tatarstan. The latter was found in 1924 on the outskirts of the city of Chistopol in the Chistopol district of Tatarstan, next to the medieval settlement – the remnants of the Bulgharian city of Juketau which existed from the tenth to early fifteenth centuries. In addition to jewelry, both hoards contained silver and gold coins which made it possible to determine the time when these hoards were buried. The hoard near the village of Karasham was deposited at the beginning of the fifteenth century. The Juketau hoard was deposited in the 1350–70s. Both hoards are not fully preserved. The author carefully studied jewelry from the hoards that are now stored in the National Museum of the Republic of Tatarstan, as well as in the State Hermitage. Items from other hoards of this time found in the territory of Tatarstan, as well as published materials from private collections, are also involved in the study. Results and novelty of the research: The author investigated, for the first time ever, the surviving part of the Karasham hoard, including jewelry that was not considered in the studies of other scholars. A comparative analysis of the jewelry was carried out. To find out the distribution of such jewelry, a search was made for analogies and similar jewelry that was found in other hoards as well as among the archaeological materials from settlements of the Golden Horde era. It was found that the most significant part of the Karasham hoard’s jewelry was made in the jewelry workshops of the city of Bolghar, and partly by the jewelers from other craft centers in the Golden Horde. It should be noted that jewelry was made in both gold and silver in Bolghar. The most popular products were bracelets with images of the lion’s muzzle on the ends of objects, as well as bracelets with stylized images made using niello. Such bracelets were found both in the hoard from Karasham and from Juketau. The existence of jewelry workshops in Bolghar is also confirmed by archaeological excavations. In the second half of twentieth and at the beginning of the twenty-first centuries, archaeologists found several jewelry workshops in the central part of the city dated to the fourteenth century. Crucibles, jewelry tools, and more than hundred foundry molds were discovered here. The author assumes that a famous jeweler from Bolghar named Shagidulla worked here at the beginning of fourteenth century. It was also found that the hoard from Karasham was most likely collected by several generations of the same family. In contrast, the hoard from Juketau was a personal treasure.

scholarly journals IMPERATOR CONTRA PRAEDONES UWAGI O „NIEKONSTYTUCYJNOŚCI” LEX GABINIA

2017 ◽  
Vol 6 (2) ◽  
pp. 43
Author(s):  
Anna Tarwacka
Keyword(s):  
Mediterranean Area ◽  
Long Time ◽  
The Mediterranean ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
First Time

Imperator contra praedones Some Remarks on the Illegality of the lex GabiniaSummaryIn 67 BC Aulus Gabinius, a tribunus plebis, proposed a law appointing an imperator to deal with the pirates of the Mediterranean area. The law was passed as lex Gabinia de uno imperatore contra praedones constituendo and the senate was asked to choose the right candidate. The only possible choice was Gnaeus Pompeius Magnus, the most talented and famous general of the time. The senators opposed so violently that Gabinius was almost killed. Thus, another assembly was called which appointed Pompey to the task. His campaign against the pirates was amazingly fast and successful.There are several reasons for treating this case as a deviation from the republican constitution. Firstly, the imperium was given for a period of three years which was unusually long time for an extraordinary command. Secondly, the general was given power on the whole Mediterranean area, equal to this of the provincial governors. Thirdly, he could choose his own legati which was a case unknown to the republican system. Moreover, it was the first time when an extraordinary command was given by the concilia plebis regardless the senatorial opposition.The case of lex Gabinia was one of Pompey’s numerous victories over the republic. Notwithstanding, he managed to persuade everyone to picture himself as a hero and defender o f the republic.

scholarly journals KEBERLAKUAN PUTUSAN PRAPERADILAN DALAM MEMERINTAHKAN PENYIDIK UNTUK MENETAPKAN STATUS TERSANGKA (STUDI KASUS PUTUSAN NOMOR: 24/Pid/Pra/2018/PN.Jkt.Sel.)

2019 ◽  
Vol 2 (2) ◽  
pp. 501
Author(s):  
Rugun Romaida Hutabarat ◽  
Jeffri Pri Martono ◽  
Edwin Tunggawan ◽  
Kennedy Kenny
Keyword(s):  
Criminal Procedure ◽  
District Court ◽  
Res Judicata ◽  
Corruption Case ◽  
Criminal Procedure Law ◽  
The Law ◽  
The Republic ◽  
First Time

Under Article 77 of Law of The Republic Indonesia Number 8 of 1981 Concerning Criminal Procedure Law or Indonesia’s Code of Criminal Procedure stated that a district court can conduct pretrial hearing to determine whether an arrest or detention carried out legally. The court also adjudicate the proprietry of the cessation of an investigation prosecution. The pretrial hearing decision number 24/Pid/Pra/2018/PN.Jkt.Sel was the breakthrough, because for the first time in Indonesia, judge of the pretrial hearing decided that to order the investigator of the Corruption Eradication Commision to firm the suspect status to Boediono, Muliawan D Hadad, Raden Pardede and friends in the corruption case of the Bank of Century. Based on the law principal, res judicata pro veritate habetur, means that the judge decision is determined to be right, this decision has to be conducted with no exception.

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