scholarly journals Role and place gender in education Republic of Belarus

Osvitolohiya ◽  
2017 ◽  
pp. 81-85
Author(s):  
Vitaliy Kurilo ◽  
Alla Hutsol ◽  
◽  
Keyword(s):  
Family Policy ◽  
Gender Issues ◽  
Legal Framework ◽  
The State ◽  
Action Plans ◽  
Gender Policy ◽  
Gender Education ◽  
The Republic ◽  
Definition Of ◽  
The Individual

The article highlights the legal framework for introducing a gender approach in the education system of the Republic of Belarus, analyzed documents related to the implementation of the gender component in the activities of educational institutions, namely the national action plans for gender equality, the document «Main Directions of the State Family Policy», the National Action Plans The National Program for Demographic Security, the Presidential Program «Children of Belarus», the State Employment Program, the Concept of Continuous Education of Children and Students in the Republic of Belarus. The article highlights the importance of gender issues for the development of society as a whole and of the individual in particular. The definition of the concept of «gender education» is given and emphasis is placed on the process of socialization as a leading factor in the development of gender identity and progressive views on gender issues. Stressed that should clearly distinguish between two levels of implementation of gender policy in the educational system of the Republic of Belarus – declarative and implementation. In declarative level made a significant number of regulations that ensure the development of gender education. In impelentatsiynomu level there are a number of problems are overcome only possible to achieve full.

Restructuring of State Enterprises as a Prerequisite for Economic Growth in the Republic of Serbia

2021 ◽  
Vol 59 (1) ◽  
pp. 1-22
Author(s):  
Edvard Jakopin ◽  
Aleksandar Gračanac ◽  
Jugoslav Aničić
Keyword(s):  
Economic Growth ◽  
Institutional Environment ◽  
Legal Framework ◽  
The State ◽  
Balance Sheets ◽  
State Sector ◽  
Business Operation ◽  
Exogenous Shocks ◽  
The Republic ◽  
State Enterprises

AbstractThis study of the performance of state-owned enterprises in Serbia has shown that the state has great difficulties managing the enterprises that are in its portfolio and under its control. The adaptation of state-owned enterprises to exogenous shocks unfolds at a slow pace and is faced with many problems. The institutional environment for the strategic restructuring of the state sector is not in the service of strengthening the efficiency of its business operation. The study has shown that the economic performance of state-owned enterprises exerts a direct influence on economic growth, the budget, government balance sheets, and debt. While the “healthy” enterprises (the ones conducting their business successfully) are valuable state-owned property, enterprises with a loss or over indebted enterprises are obligations which demand intervention through the injection of additional capital or through other forms of help from the state. The main goal of restructuring state-owned enterprises is to improve responsibility and efficiency. The array of measures for improving efficiency ranges from modifications of the legal framework and corporate governance of socially owned enterprises (including corporatization and separation of activities) to the sale of property to the private sector or complete privatization. Reforms are aimed at improving the transparency and responsibility of state-owned enterprises, not just for the purpose of efficiency, but also for the purpose of harmonization with the ethical and deontological requirements.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

scholarly journals Income Tax: Genesis of Definition and Object of Accounting

2020 ◽  
pp. 38-46
Author(s):  
G. BASHYROVA
Keyword(s):  
Income Tax ◽  
Accounting Standards ◽  
Legal Framework ◽  
The State ◽  
Tax Law ◽  
Accounting System ◽  
Economic Interests ◽  
Main Components ◽  
Definition Of ◽  
The Impact

Income tax in many countries is one of the main sources of filling the public budget and levers of influence on the development of economic processes at the macro level. The income tax ensures the balance of economic interests of the state, legal entities and individuals and the avoidance of excessive tax pressure. The impact of European integration processes on the Ukrainian accounting system increases the relevance of the development of the organization and methods of accounting for income tax. The purpose of the article is to establish the main phases of the evolution of the concept of “income tax”, clarify its economic content and identify the characteristics as an object of accounting. The article examines the historical phases of the income tax evolution, taking into account amendments in the tax law in Ukraine. A review of interpretations of the concept of “income tax” by foreign and domestic scholars was made, to establish the three main approaches to its interpretation: as a direct tax paid by a business entity from the received profit; as an item of the company financial statement, informing concerned parties on the amount of the assessed and paid tax; as a company’s payment to the state for utilization of economic infrastructure and resources. The author’s definition of the concept of “income tax” is proposed, which contributes to the clarification of the accounting terminology. It is argued that income tax should be considered through the prism of the tax law and accounting standards. A comparison of treatment to income tax as an accounting object in the National Accounting Standard 17 “Tax Income” and International Accounting Standards 12 “Income Taxes” is made. Based on a study of the legal framework for the accounting of income tax, its main components are identified as an object of accounting.

POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE

2021 ◽  
pp. 64-76
Author(s):  
Tatyana K. Ryabinina ◽  
◽  
Daria O. Chistilina ◽  
Keyword(s):  
Citizen Participation ◽  
Criminal Procedure ◽  
The State ◽  
Jury Trial ◽  
Criminal Proceedings ◽  
Strict Adherence ◽  
Jury Trials ◽  
Definition Of ◽  
The Individual

The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.

To the Issue of Bringing Legal Definitions in the Normative Legal Regulation of National Security and Its Individual Types into a Single System: Legal and Theoretical Dimension

2021 ◽  
Author(s):  
O.A. Kolotkina ◽  
Keyword(s):  
Strategic Planning ◽  
National Security ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
National Interests ◽  
Legal Space ◽  
Industry Affiliation ◽  
Definition Of ◽  
The Individual

The article deals with the issues related to the definition of the essence, role and meaning of legal definitions in the regulatory legal regulation of national security. The author emphasizes the uniqueness of the phenomenon of national security, which acts as a guarantor of ensuring the national interests of the state, society, and the individual and as a basis for the unhindered implementation of the strategic national priorities of the state. It is possible to ensure these interests and implement strategic priorities by creating an effective legal regulation that includes various legal means, as well as regulatory requirements. An important role in the regulatory legal regulation is played by legal definitions, which contain definitions of concepts that act as integral elements of the legal basis for ensuring national security. It is indicated that legal definitions of concepts are generally binding and contribute to the formation of a single legal space. It is stated that the current Federal Law «On Security» does not contain a legislative definition of key concepts in the field of national security. The article raises the problem of unification of the conceptual and categorical apparatus in the field of ensuring national security, through the adoption of fundamental documents of strategic planning. The author attempts to evaluate the legal definitions in the field under consideration in terms of their universality and industry affiliation, the problems of the completeness of their textual expression, as well as the state policy implemented in the field of national security. The author proposes the formulation of the concept «national security», which could become the basis for adjusting the legal definitions of certain types of national security, enshrined in legislative acts and strategic planning documents. The functions of legal definitions in the regulatory legal regulation of national security are identified and disclosed.

Latvijas prezidenta Egila Levita runu valodiskais profils: ceremoniālā, juridiskā vai politiskā retorika?

2021 ◽  
pp. 333-345
Author(s):  
Līga Romāne-Kalniņa ◽  
Keyword(s):  
Critical Discourse Analysis ◽  
Political Discourse ◽  
The State ◽  
Point Of View ◽  
Frequent Use ◽  
European Court ◽  
The Media ◽  
The Republic ◽  
Characteristic Features ◽  
Definition Of

Aristotle’s definition of rhetoric as the art of observing the available means of persuasion is one of the most widely used quotations not only in linguistics but also in social, political, and communication sciences. Aristotle, apart from defining the elements of rhetoric (logos, ethos and pathos), has proposed three types of rhetoric that refer either to the present situation (ceremonial), the past (judicial), or the future (political). The current president of Latvia and his language use is one of the most widely discussed topics across the media and academia due to the register, style, and content of his speeches. Moreover, the president of Latvia has a direct impact on how the state is perceived nationally and internationally; thus, it is significant to investigate the linguistic profile of the linguistic expression of the ideas communicated by the president to the wider public. The current study analyses 160 speeches given by president Egils Levits on nationally significant occasions as well as internationally with the aim to investigate whether the speeches of the president of Latvia correspond to the ceremonial, political or judicial rhetoric because the president represents both legal and political discourse as the former judge of the European Court of Human Rights and the former minister of Justice, and as the head of the Republic of Latvia represents the state nationally and abroad. The study is grounded in the theories on rhetoric and Critical Discourse Analysis applied to political discourse and presidential language and discussed by scholars such as Aristotle (1959), Van Dijk (2006), Chilton and Schäffner (2002), O’Keeffe (2006), Van Dijk (2008), David (2014), Wilson (2015) and Wodak and Mayer (2016). The results of the current study reveal that the speeches are a clear representation of a combination of legal, political, and ceremonial rhetoric and cross various semantic fields that are marked by the use of field terminology in combination with topos of definition and name interpretation to explain the terms directly in the speeches. The speeches by Levits are furthermore marked by relatively frequent use of loanwords, neologisms, obsolete words, and compounds that is one of the main characteristics of the linguistic profile of his speeches. Additional characteristic features are the use of parallel sentence constructions, inverted word orders, rhetorical questions, and pronominal referencing to attract the listener's attention and emphasize the thematic areas of the speeches. Nevertheless, it has been concluded that such linguistic techniques as metaphors, metonymies, synecdoche, or hyperbole are used comparatively less frequently, thus making the speeches appear more formal and less emotional from the linguistic point of view.

scholarly journals Legal aspect of social entrepreneurship

2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova
Keyword(s):  
Social Entrepreneurship ◽  
Legal Aspect ◽  
Legal Framework ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Social Entrepreneurs ◽  
Economic Relations ◽  
The One ◽  
Definition Of

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.

scholarly journals Steps of the Development and Formation of Regulatory and Legal Framework for State Youth Policy in Uzbekistan

2019 ◽  
Vol 9 (1) ◽  
pp. 3138-3143
Keyword(s):  
Legal Framework ◽  
The State ◽  
Youth Policy ◽  
Normative Documents ◽  
Category System ◽  
The Law ◽  
The Republic

The article analyzes the problem of rounding the processes of formation of the state youth policy in Uzbekistan as a theoretical source of the legislative and legislative acts of the Republic of Uzbekistan in this field. This is due to the fact that these normative documents define the content of a number of concepts that serve as a category system for research in the field. It also reveals that the period of formation of the state youth policy in Uzbekistan is considered as a determinant of the date of adoption of the Law and other legislative acts.

scholarly journals Scientific approaches to the system of concepts of "national security": international legal aspect

2020 ◽  
Vol 7 (12) ◽  
pp. 70-77
Author(s):  
А. Альван
Keyword(s):  
National Security ◽  
Legal Aspect ◽  
The State ◽  
Constitutional Rights ◽  
External Threats ◽  
Wide Range ◽  
Single Well ◽  
Definition Of ◽  
The Individual

Scientific approaches to the concept of "national security" are systematized in the article. The author substantiates that there are four main approaches to the concept of "national security". The first group - works devoted to the terminological characterization of national security. Another group - the authors define national security because of the state of protection of vital interests, the individual, society and the state against all kinds of threats. The third group is studies that analyze the types of national security, in particular: economic, environmental, financial, personnel, financial, social, etc. These characteristics reflect their socio-political nature, trace the unity of personal, public and state security, developing political and other processes. The fourth group of studies are those that pay attention to problems related to the correct use of the concept of "national security" and the possibility of its replacement. Fifth group - analyzes the interaction and correlation of threats and security.There is no single, well-defined definition of national security today. No matter what approach the authors use, there are different approaches, and in some cases, complications or simplifications of this category.In our opinion, national security should be understood as a state of protection of the individual, society and state against a wide range of internal and external threats, which ensure the realization of citizens' constitutional rights and freedoms, decent quality and standard of living, sovereignty, independence, state and territorial integrity. , sustainable socio-economic development of the state.

scholarly journals Defensive Protectiontraditional Cultural Expresions (TCE) Masyarakat di Kabupaten Blora

2018 ◽  
Vol 1 (1) ◽  
pp. 39-68
Author(s):  
Rinitami Njatrijani
Keyword(s):  
Cultural Heritage ◽  
Positive Impact ◽  
Legal Framework ◽  
Copyright Law ◽  
The State ◽  
Intangible Cultural Heritage ◽  
Unesco Convention ◽  
Cultural Expressions ◽  
The Republic ◽  
Traditional Cultural Expressions

Abstract Traditional Cultural Expressions (TCE) is all the intangible cultural heritage, developed by local communities, collectively or individually in a non-systemic manner and that are inserted in the cultural and spiritual traditions of the communities. The catagories of TK and TCE ... “expressions of folklore in the form of  tekstual fonetic or verbal, music, dances, theater, fine art, ritual ceremony”. The legal framework of TCE in Indonesia that can be implemented as contained in the 1945 Constitution of the Republic of Indonesia (Fourth Amendment) Article 32 (1), Article 38 and 39 on Copyright Law Number 28 Year 2014 on Copyright, Law Number 5 Year 2017 on Futherance Culture, Presidential Regulation No.78 Year 2007 on the Convention on Protection of Intangible Cultural Heritage), Permendikbud N0.106 of 2013 on Intangible Cultural Heritage of Indonesia. Further provisions by the state are required to immediately ratify the Traditional Knowledge Bill and EBT into a separate law in Indonesia  Defensive protection TCEin Blora community is urgent to be protected as a whole so as not to be abused by others. The process of recording, stipulating, proposing to the Indonesian Conservation Heritage Agency on ICH Unesco's list is the final process of digital documentation in the database of intangible cultural heritage as official data of the state which has a positive impact on the welfare of its supporting community. This research indicates that there are only 16 cultural works for the community in Blora Regency that have been designated as Indonesian Culture Heritage / Intangible Cultural Heritage in accordance with UNESCO Convention Year 2003. While there are still many cultural works that need to be prioritized for immediate recording for next year. (Barong, batik motif etc). Keywords : Defensive Protection, Traditional  Cultural Expressions (Tce), Misappropriation, Digital Document. Abstrak TCE/Ekspresi budaya tradisional (EBT) adalah semua warisan budaya tak benda, yang dikembangkan oleh masyarakat lokal, secara kolektif atau individual dengan cara yang tidak sistemik dan disisipkan dalam tradisi budaya dan spiritual masyarakat. Kategori warisan budaya tak benda meliputi tradisi lisan, seni pertunjukkan, praktek-praktek sosial, ritual, perayaan-perayaan, pengetahuan dan praktek mengenai alam dan semesta atau pengetahuan dan ketrampilan untuk menghasilkan kerajinan tradisional. Kerangka hukum EBT di Indonesia  yang dapat diimplementasikn sebagaimana terdapat  dalam UUD RI Tahun 1945 (Amandemen ke empat) Pasal 32(1), Pasal 38 dan 39 tentang Undang-undang Hak Cipta Nomor 28 Tahun 2014 tentang Hak Cipta, Undang-Undang Nomor 5 Tahun 2017 tentang Undang- Undang Pemajuan Kebudayaan yang lahir dalam rangka melindungi, memanfaatkan dan mengembangkan kebudayaan Indonesia, Perpres RI No.78 Tahun 2007 tentang Konvensi Perlindungan Warisan Budaya Takbenda), Permendikbud N0.106 Tahun 2013 tentang Warisan Budaya Takbenda Indonesia. Diperlukan ketentuan lebih lanjut oleh negara untuk segera mengesahkan RUU Pengetahuan Tradisional dan EBT menjadi Undang-Undang tersendiri di Indonesia.Perlindungan defensif EBT di masyarakat Kabupaten Blora sangat mendesak untuk dilindungi secara keseluruhan agar tidak disalahgunakan oleh pihak lain. Proses pencatatan, penetapan,  pengusulanke Badan Warisan Budaya Takbenda Indonesia dalam  daftar ICH Unesco merupakanproses akhir dokumentasi secara digital dalam database warisan budaya takbenda  sebagai data resmi negara yang memberikan dampak positif bagi kesejahteraan masyarakat pendukungnya.Penelitian ini menunjukkan bahwa baru ada 16 karya budaya bagi masyarakat di Kabupaten  Blora yang telah ditetapkan sebagai Warisan Budaya Tak Benda Indonesia/Intangible Cultural Heritagesesuai Konvensi UNESCO Tahun 2003.Sementara masih banyak karya-karya budaya yang perlu diprioritaskan untuk segera dilakukan pencatatan untuk tahun-tahun mendatang.(Barong, motif batik dll). Kata Kunci: Perlindungan Defensif, Ekspresi Budaya Tradisional (EBT), Penyalahgunaan,  Dokumen Digital.

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