scholarly journals INTERNATIONAL EXPERIENCE OF THE PROSECUTOR'S OFFICE ORGANIZATION

2020 ◽  
Keyword(s):  
Legal Status ◽  
Attorney General ◽  
Executive Branch ◽  
Modern World ◽  
Federal Republic Of Germany ◽  
Public Authorities ◽  
Advantages And Disadvantages ◽  
The Republic ◽  
Compliance With The Law ◽  
The Uk

ANNOTATION. Problematic aspects of defining the tasks and place of the prosecutor's office, as well as the foreign strategy of improving the organization of the prosecutor's office are highlighted. The experience of foreign countries of the developed democracy, concerning the work of the prosecutor's office for its implementation in the legislation of Ukraine, the history of its origin and its modern purpose are analyzed. On the basis of a comparative study of foreign prosecutor's offices data on their place in the system of government, type of model and basic functions are given, which gives an idea of the role and directions of development of the prosecutor's office in the leading countries of the modern world. It is stated that the modern Prosecutor's Office of France is referred to the executive branch of power and reports to the Ministry of Justice. Prosecutors are very close to the judge's corps because they receive the same training and often move from prosecutors to judges and vice versa throughout their careers. In Germany, prosecuting authorities operate at the general courts of all levels. The Attorney General of the Federal Republic of Germany exercises his authority under the general authority of the Minister of Justice of Germany. According to a special law that defines the legal status of the Prosecutor's Office in Latvia, the prosecutor's office is a judicial authority that independently supervises compliance with the law within the established competence. In the UK, there is no public prosecutor's office or its direct analogue. The Public Prosecutor's Office operates within the system of public authorities as an independent authority, coordinated by the General Atorney. In the Republic of Lithuania, prosecutors organize and manage the pre-trial investigation process, as well as support state prosecutions in criminal cases. The author summarizes that there is no uniform standard in Europe for the prosecutor's model. The prosecutor's models analyzed have advantages and disadvantages, but none of them excludes or prefers one or the other model. Recommendations on improving the Prosecutor's Office of Ukraine have been provided.

scholarly journals Status prawny sekt destrukcyjnych oraz nowych ruchów religijnych działających na obszarze Polski

2017 ◽  
pp. 135-149
Author(s):  
Celina M. Masek
Keyword(s):  
Legal Status ◽  
Social Institutions ◽  
International Standards ◽  
Modern World ◽  
The European Union ◽  
Negative Effects ◽  
New Members ◽  
Religious Associations ◽  
The Republic ◽  
Religious Sects

Since the beginning of the 90’s there have been strong emotions associated with the emergence of many groups called cults in Poland. These groups are accused of illicit and unethical methods to recruit new members and their psychological dependence, resulting in blind obedience to leaders. Sects, carrying out their activities in the form of various types of religious formations, religious associations, churches and other religious organizations, brought to life after 1989 in Poland, operate on the basis of three acts, which include: 1. The Constitution of the Republic of Poland of 2 April 1997 ; 2. The Act on Guarantees of freedom of conscience and religion of 17 May 1989; 3. Act of April 7, 1989 r.- Law on Associations. Given the range of opinions and concerns regarding the issue of regulation of sects in Poland this question , posed in particular by the lawyer, of the legal status of the activities of religious sects , and in a broader aspect of their place in the modern world, seems to be reasonable, what is confirmed by the media , but mostly by the facts of the activities of these groups in society. As for the international standards, nowadays there are more and more information about the negative effects of the activity of sects throughout the world, what raised interest of social institutions and the authorities of individual countries in this subject. It encouraged the authorities to create an overall analysis to assess the degree of harmfulness of newly established movements, both in a national and international level. Especially in the late eighties of the twentieth century all kinds of reports and other documents devoted to the problem of sects and new religious movements began to appear. The theme was taken also by the representatives of Communities: Council of Europe, the European Union, as well as organs of the Organization for Security and Cooperation in Europe. These acts are only recommendations. They are mainly opinion- forming acts and have no legal force. However, in countries, they are crucial, because they are issued by important authorities To sum up, the activity of sects arouses interest in Europe. Although each country has different guidelines and varied range of impact, collaboration is indispensable nowadays.

The Courts and the Executive: Four House of Lords Decisions

1977 ◽  
Vol 36 (2) ◽  
pp. 255-283 ◽  
Author(s):  
Philip Allott
Keyword(s):  
United Kingdom ◽  
Legal Status ◽  
Attorney General ◽  
Executive Branch ◽  
The United Kingdom ◽  
House Of Lords

The purpose of the present study is to consider the constitutional significance of four House of Lords decisions which raise fundamental questions about the legal status of the Executive branch of government in the United Kingdom and its relationship to the courts. The decisions are those in: Burmah Oil Co. Ltd. v. Lord Advocate [1965] A.C. 75; [1964] 2 All E.R. 348; Carl Zeiss Stiftung v. Rayner & Keeler Ltd. (No. 2) [1967] 1 A.C. 853; [1966] 2 All E.R. 536; Conway v. Rimmer [1968] A.C. 910; [1968] 1 All E.R. 874; Nissan v. Attorney-General [1970] A.C. 179; [1969] 1 All E.R. 629.

scholarly journals The Main Scenarios for the Formation of Territorial Autonomies in the Modern World (Constitutional and Legal Aspect)

Lex Russica ◽  
2019 ◽  
pp. 132-150
Author(s):  
I. V. Irkhin
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
The Philippines ◽  
Small Population ◽  
The State ◽  
Modern World ◽  
Policy Model ◽  
Legal Structure ◽  
The Uk ◽  
National Governments

As part of the analysis of the practices of institutionalization of constitutional and legal status of territorial autonomies of Bolivia, Great Britain, Denmark, India, Indonesia, Canada, China, Moldova, Uzbekistan, Finland on the basis of the criteria and methods of their formation, it is indicated that there are two main scenarios. According to the first one, territorial autonomies are formed on the basis of international and national legal acts. The second scenario assumes the formation of autonomies based on national legal acts only.In the structure of the first scenario, territorial autonomies formed as a result of negotiations between the parties to the conflict (confrontation model) and in the Directive order (Directive model) are separated. In the structure of the second scenario, territorial autonomies established following the negotiations on the basis a peaceful compromise or as a result of confrontation (consensus and confrontation models), as well as autonomies formed unilaterally (policy model) are highlighted.The conceptual requirements for the successful institutionalization of territorial autonomy are as follows: the presence of rooted in society and the state traditions of democracy and the rule of law; the establishment of a real regime of internal self-government; limited material and financial resources and the resulting dependence on the state; the absence of disputes about sovereignty; clarity of the formal legal structure of the constitutional legal status; small population and the territory of autonomy. In this case, the structure and content of these requirements are very mobile, and therefore can be combined in different proportions with different specific gravity.Typical examples of the most stable territorial autonomies (in terms of territorial integrity and unity of the state), in which these conditions are present in different volumes, are the autonomies of Bolivia, the Aland Islands, the Faroe Islands, Hong Kong and Macao. This category can also include Karakalpakstan and Nunavut because of their total dependence on the support of national governments.In turn, the potential for the development of separatist tendencies remains in the UK (Scotland, Northern Ireland), India, Indonesia, China (Tibet), Moldova, and the Philippines.

FORMATION OF THRESHOLD VALUES OF SAFETY INDICATORS OF ECONOMIC DEVELOPMENT OF THE REGION (ON THE EXAMPLE OF THE REPUBLIC OF KOMI)

2021 ◽  
Vol 4 (5) ◽  
pp. 31-42
Author(s):  
M. S. KYZYUROV ◽  
Keyword(s):  
Economic Development ◽  
Comparative Study ◽  
Regional Economy ◽  
Komi Republic ◽  
Economic Security ◽  
The State ◽  
Threshold Values ◽  
Public Authorities ◽  
Advantages And Disadvantages ◽  
The Republic

The article discusses and analyzes the approaches available in science to the formation of threshold values of indicators of economic security. The author conducts a comparative study of the existing methods for determining threshold values, examines the advantages and disadvantages of each of the approaches. On the basis of the study, the threshold values for seven indicators of the security of the economic develop-ment of the region are substantiated. Further, the indicative system presented in the work is tested on the example of the Komi Republic using the indicators highlighted by the author and their threshold values using a specially developed technique based on the synthesis of the minimax approach and the indicative method, diagnostics of the state of security of economic development is carried out, the main threats arising in this area are highlighted. The application of the approach proposed in the work to the formation of threshold values of indicators, as well as the methodology used to assess threats, made it possible to diagnose threats that pose a significant danger to the development of the regional economy. The results obtained can be used by public authorities when they carry out activities to monitor the state of the region's economy.

scholarly journals Gugatan Pihak Ketiga Terhadap Eksekusi Barang Sitaan dalam Perkara Tindak Pidana Korupsi

2018 ◽  
Vol 7 (2) ◽  
pp. 238
Author(s):  
Tedhy Widodo
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Attorney General ◽  
Third Party ◽  
Public Prosecutor ◽  
Legal Research ◽  
The Public ◽  
Judicial Practice ◽  
The Republic

The criminal act of corruption is a financial and humanitarian crime that harms the state and reduces the people's right to better access to welfare. The settlement of corruption cases often involves many parties, including good third parties related to the evidence seized by the Prosecutor. Judgments in judicial practice still cause new problems. The Panel of Judges imposed a crime in the form of appropriation of property in the control of a well-intentioned third party. The purpose of this paper is to examine the legal status of a third party who has good faith in the execution of confiscated goods in the case of corruption and the role of the prosecutor in a third-party lawsuit related to the execution of confiscated goods in the case of corruption. The research method used is normative legal research with statutes approach and case approach. The study indicates that the legal measures that can be done by a good third party against the confiscated objects in the case of corruption must be in accordance with Article 19 of the Anti-Corruption Eradication Act. The role of the public prosecutor in a civil case is not a public prosecutor or executor but in a lawsuit as a State Attorney Attorney under Article 30 Paragraph (2) of Law Number 16 Year 2004 regarding the Attorney General of the Republic of Indonesia. Tindak pidana korupsi adalah kejahatan keuangan dan kemanusiaan yang merugikan negara dan mengurangi hak rakyat untuk mendapat akses kesejahteraan yang lebih baik. Penyelesaian perkara tindak pidana korupsi seringkali melibatkan banyak pihak, termasuk pihak ketiga yang beritikad baik terkait dengan barang bukti yang disita oleh Penuntut Umum. Putusan-putusan dalam praktek peradilan masih menimbulkan masalah baru. Majelis Hakim menjatuhkan pidana berupa perampasan harta dalam penguasaan pihak ketiga yang beritikad baik. Tujuan penulisan ini untuk mengkaji kedudukan hukum pihak ketiga yang beritikad baik dalam eksekusi barang sitaan dalam perkara tindak pidana korupsi dan peranan jaksa dalam gugatan pihak ketiga terkait eksekusi barang sitaan dalam perkara tindak pidana korupsi. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan kasus. Hasil studi menunjukkan bahwa Upaya Hukum yang dapat dilakukan oleh pihak ketiga yang beritikad baik terhadap benda sitaan dalam perkara tindak pidana korupsi harus sesuai dengan Pasal 19 Undang-undang Pemberantasan Tindak Pidana Korupsi. Peran jaksa dalam perkara perdata bukan sebagai penuntut umum atau eksekutor akan tetapi dalam perkara gugatan sebagai Jaksa Pengacara Negara berdasarkan Pasal 30 Ayat (2) Undang-undang Nomor 16 Tahun 2004 tentang Kejaksaan Republik Indonesia.

scholarly journals Deliberative democracy: modernization or crisis of democracy?

2021 ◽  
Vol 66 ◽  
pp. 36-41
Author(s):  
O.V. Voloshenyuk
Keyword(s):  
Deliberative Democracy ◽  
Good Governance ◽  
The United States ◽  
Political Elite ◽  
Cultural Barriers ◽  
Modern World ◽  
Public Confidence ◽  
Public Authorities ◽  
Political Issues ◽  
Advantages And Disadvantages

This article is devoted to the advantages and disadvantages of the model of advisory (deliberative) democracy. Its basic provisions are revealed, the contribution to its development of J. Besset, J. Habermas, J. Cohen, R. Dahl, J. Fishkin is characterized. It has been established that the model of advisory democracy offers tools for active participation of the population in the discussion of important political issues in the period between elections. When discussing problematic issues, the right to vote is given to all those who are influenced by the decisions of public authorities (the principle of equity participation). At the same time, the dialogue should be free, equal, reasoned and aimed at reaching consensus. The main problems of deliberative democracy are highlighted, including the difficulty of reaching a general consensus in a socially heterogeneous society, leveling important social differences in the process of compromise, unpreparedness of citizens for a rational dialogue, the presence of cultural barriers in implementing advisory procedures in non-Western countries. Forms and methods of informal participation of citizens in the discussion of political issues in the United States, as well as in Germany, Spain, Belgium, Iceland, Poland and other European countries are considered. Emphasis is placed on the fact that the use of advisory procedures in the world is characterized by a variety of deliberative tools and the breadth of its application: from solving problems of education and ecology, medicine and the local budget to the adoption of a new constitution. It is established that the concept of deliberative democracy takes into account both negative realities (alienation of political power from society, low level of public confidence in the political elite) and positive achievements of today (the idea of "good governance", information technology, ideological and legal pluralism). In view of this, it is concluded that the model of advisory democracy is a promising attempt to modernize democracy in the modern world, rethink the democratic principles of government, adapt the classical theory of democracy to modern needs and challenges.

ACTUALITY OF THE SIMPLE PARTNERSHIP AS A FORM OF CARRYING OUT JOINT ENTREPRENEURIAL ACTIVITY IN THE REPUBLIC OF UZBEKISTAN

2021 ◽  
Vol 6 (4) ◽  
pp. 33-40
Author(s):  
Shakhnoza Erkabaeva ◽  
Keyword(s):  
Legal Status ◽  
Entrepreneurial Activity ◽  
Legal Analysis ◽  
Legal Basis ◽  
The United Kingdom ◽  
The Us ◽  
The Usa ◽  
The Republic ◽  
The Uk ◽  
Limited Partnerships

This article carefully analyzes the actual problems related to attracting investment and optimal ways of carrying out entrepreneurial activity. Moreover, the article presents the ground of ineffectiveness of the legal basis of simple partnership as well as the comparative-legal analysis of limited partnerships according to thelegislation of the United Kingdom and the USA. Furthermore, this article contains proposals for reforming the legal status of a simple partnership based on the experience of the UK and the US in regulating limited partnerships

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

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