scholarly journals PROBLEM OF INSTITUTIONAL PROVISION OF ECONOMIC DEVELOPMENT OF TERRITORIAL COMMUNITIES IN UKRAINE

2017 ◽  
Vol 19 (1(63)) ◽  
pp. 18-22
Author(s):  
A.M. Araftenii
Keyword(s):  
Economic Development ◽  
Local Governments ◽  
Legal Status ◽  
Living Environment ◽  
Basic Principles ◽  
The People ◽  
Territorial Unit ◽  
The Status ◽  
The Right ◽  
Determining Factor

This article is devoted to the problem of institutional provision of socio-economic development of territorial communities in Ukraine, analysis of the peculiarities of administrative and territorial modernization at the regional level, streamlining of the system and structure of local authorities, as well as substantiation of the basic principles that are intended to ensure the effectiveness of institutional modernization of territorial communities in Ukraine . The system of local self-government does not meet the needs of society. Local governments do not have the necessary levers of influence, properly fulfill their functions in most of the territorial communities, do not ensure the creation and maintenance of a suitable living environment, which is necessary for the full development of the person, the protection of his rights, self-realization and providing the population with local self-government available administrative, social And other services in certain areas. The formation of self-sufficient, active and active territorial communities in Ukraine is a determining factor in the democratization of Ukrainian society and the realization of the constitutionally enshrined right of the people as the only source of power in our state. It is important for communities to create appropriate government institutions that are accountable to them and are in control, and which are actually effective. A territorial community is a collection of citizens of Ukraine who live together in a rural or urban settlement, have their collective interests and legal status, which is determined by law. Unlike a simple territorial unit, a settlement that has the status of a territorial community is given certain rights. First of all, this is the right to self-government. The united territorial communities will become a territorial unit of regional subordination. The institutional provision of territorial communities in Ukraine requires not only theoretical reflection and substantiation. Any theories are only worth something when they are tested in practice.

JUSTICE AND SOCIAL CHANGE FOR INCLUSIVE EDUCATION IN INDONESIA AND ASEAN FOR DISABLED PERSONS (STUDY ON PEOPLE AFFECTED BY LEPROSY)

2017 ◽  
Vol 1 (1) ◽  
pp. 1-5
Author(s):  
Nuah Perdamenta Tarigan ◽  
Christian Siregar ◽  
Simon Mangatur Tampubolon
Keyword(s):  
Inclusive Education ◽  
Local Governments ◽  
Disabled Persons ◽  
Equal Rights ◽  
Central Java ◽  
The People ◽  
Asean Countries ◽  
The Government ◽  
The Moment ◽  
The Right

Justice that has not existed and is apparent among the disabilities in Indonesia is very large and spread in the archipelago is very large, making the issue of equality is a very important thing especially with the publication of the Disability Act No. 8 of 2016 at the beginning of that year. Only a few provinces that understand properly and well on open and potential issues and issues will affect other areas including the increasingly growing number of elderly people in Indonesia due to the increasing welfare of the people. The government of DKI Jakarta, including the most concerned with disability, from the beginning has set a bold step to defend things related to disability, including local governments in Solo, Bali, Makassar and several other areas. Leprosy belonging to the disability community has a very tough marginalization, the disability that arises from leprosy quite a lot, reaches ten percent more and covers the poor areas of Indonesia, such as Nusa Tenggara Timur, Papua, South Sulawesi Provinces and even East Java and West Java and Central Java Provinces. If we compare again with the ASEAN countries we also do not miss the moment in ratifying the CRPD (Convention of Rights for People with Disability) into the Law of Disability No. 8 of 2016 which, although already published but still get rejections in some sections because do not provide proper empowerment and rights equality. The struggle is long and must be continued to build equal rights in all areas, not only health and welfare but also in the right of the right to receive continuous inclusive education.

scholarly journals Mudra (shishu) – an effective scheme in startups

2019 ◽  
Vol 9 (4) ◽  
pp. 222-226
Author(s):  
K.C. Kavipriya
Keyword(s):  
Economic Development ◽  
Individual Development ◽  
High Rate ◽  
Small Scale ◽  
Poor People ◽  
Employment Opportunities ◽  
The People ◽  
The Individual ◽  
The Right ◽  
Small Scale Industries

Economic Development of a country depends upon the individual development; Creation of more Employment opportunities is the right way to strengthen our Economy. By way of strengthening Small scale units, ultimately more people will get Employment. More over Small scale Industries required less amount of Capital. These are the main reasons to start the scheme MUDRA. The scheme MUDRA was launched in the year 2015 by Government of India. In India most of the people are depending upon small scale businesses as their source of livelihood. Most of the individuals depend on un-organised sectors for loans and other credit facilities which have high rate of interest along with unbearable terms and conditions. Ultimately it will lead these poor people to fall in debts. This paper is an attempt to educate the readers about MUDRA Yojana.

scholarly journals PERANAN WARGA TIONGHOASEBAGAI ANGGOTA LEGISLATIFDI KOTA BATAM TAHUN 1999-2009

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Fitri Yanti ◽  
Nunung Krisnawati
Keyword(s):  
Local Governments ◽  
Control Function ◽  
Secondary Data ◽  
Primary Data ◽  
Chinese Community ◽  
Historical Method ◽  
Control Functions ◽  
The People ◽  
The Right

The background of this thesis is an increasing number of legislators Batam from Chinese citizens, at the 1999 elections, there were two people who passed to the DPRD Kota Batam, in the elections of 2004 increased to four Chinese citizens who become legislators Batam. It is not independent of their role during the sitting in the legislature as a representative of the people. This study aims to clarify the role of Chinese citizens who sat as a legislative member in Batam 1999-2009This research is a qualitative research, the historical method with the approach of political science. Steps historical research include: first heuristic, there are two sources of data are primary data and secondary data, primary data in this study is a member of the legislative representatives of the Chinese community, Chinese people, community leaders and members of the Commission, the secondary data taken from any books , newspapers and other documents, the authors do critique source consisting of external criticism and internal criticism, the three researchers to interpret, fourth historiography.The results in this study explained that the role of the Chinese community as a member of the legislature in Batam years 1999-2009, the first legislative function is set statutorily in the form of local regulations (Perda), the second control function or supervise the activities of local government in implementing legislation has been agreed , of these control functions legislators have the right to ask questions, interpellation, questionnaires and motions, the three other functions related to the budget or APBD that has been agreed with the local governments when the plenary session.  Keywords: legislative member, chinese societyLatar belakang penelitian ini adalah terjadinya peningkatan jumlah anggota DPRD Kota Batam dari warga Tionghoa, dimana pada pemilu tahun 1999 terdapat dua orang yang lolos menjadi anggota DPRD Kota Batam dan  pada pemilu tahun 2004 mengalami peningkatan menjadi empat orang. Hal ini tentunya tidak terlepas dari peran mereka selama duduk di legislatif sebagai wakil rakyat. Penelitian ini bertujuan untuk menjelaskan peran warga Tionghoa yang duduk menjadi anggota legislatif di Kota Batam tahun 1999-2009.Jenis penelitian ini adalah penelitian kualitatif historis dengan pendekatan ilmu politik.Adapunlangkah-langkah penelitian historis meliputi: pertama heuristik, di dalamnya terdapat dua sumber data yaitu data primer dan data sekunder, data primer dalam penelitian ini adalah anggota legislatif dari perwakilan masyarakat Tionghoa, masyarakat keturunan Tionghoa, tokoh masyarakat dan anggota KPU, data sekunder diambil dari buku-buku, koran dan dokumen lainnya.Kedua, kritik sumber yang terdiri dari kritik ekstern dan kritik intern.Ketiga, interpretasi dan keempat, historiografi.Hasil dalam penelitian ini menjelaskan bahwa peranan warga Tionghoa sebagai anggota legislatif di Kota Batam tahun 1999-2009,  pertama fungsi legislasi yaitu mengatur undang-undang dalam bentuk peraturan daerah (Perda), kedua fungsi kontrol atau mengawasi kegiatan pemerintah daerah dalam menjalankan Perda yang telah disepakati, dari fungsi kontrol ini anggota DPRD memiliki hak untuk bertanya, interpelasi, angket dan mosi, ketiga fungsi lainnya yang berkaitan dengan anggaran atau APBD yang telah disepakati bersama pemerintah daerah saat sidang paripurna. Bermainnya peran-peran  tersebut dengan baik, semakin menambah nilai kepercayaan warga Tionghoa  memilih dari kalangan mereka untuk pemilu selanjutnya. Kata Kunci: anggota legislatif, masyarakat tionghoa, kota batam  

scholarly journals SUBJECTS OF ADMINISTRATIVE AND LEGAL SUPPORT IDENTIFICATION OF CHILDREN SEPARATED WITH FAMILY IN UKRAINE

2020 ◽  
pp. 205-210
Author(s):  
А. М. Мамульчик
Keyword(s):  
Parental Care ◽  
Public Administration ◽  
Local Governments ◽  
Legal Status ◽  
Refugee Status ◽  
Public Authorities ◽  
Her Family ◽  
The Family ◽  
Additional Protection ◽  
The Status

The relevance of the article is that the granting of special status «child divorced from the family» in the Ukrainian legislation includes three aspects: 1) identification of a person who is a child separated from the family; 2) granting the status of «child deprived of parental care»; 3) it is possible to grant the status of “refugee” or “person in need of additional protection”, as any person recognized as a child divorced from a family is recognized as a child deprived of parental care and can apply for asylum in Ukraine (and receive refugee status or a person in need of additional protection). Each of the identified aspects of the above status is the responsibility of certain public authorities, ie public administration entities, which are endowed with the appropriate powers. The purpose of the article is to identify the subjects of administrative and legal support for the identification of children separated from their families, ie the subjects of public administration, which are empowered to identify such children in Ukraine. It was found that in fact, the identification of a child separated from the family at the present stage in Ukraine does not belong to the responsibilities of public administration, but is the responsibility of the child who was forced to leave the country of origin or residence and arrived in the territory of Ukraine unaccompanied by a family member or persons determined by law/custom who are responsible for such a person, or who were left unaccompanied after arriving on the territory of Ukraine, or its legal representatives. In our opinion, the absence in the legal acts that determine the legal status of public administration entities, whose activities include the identification of children separated from their families, their obligation to identify such children is a shortcoming of administrative and legal support for child status. , separated from her family, in Ukraine. It is determined that the subjects of public administration, which have the authority to identify children separated from their families, include the State Border Guard Service of Ukraine, executive authorities, local governments, the National Police of Ukraine, the Prosecutor’s Office of Ukraine.

International Law and its Impact on The Hijaz

The Hijaz ◽  
2018 ◽  
pp. 155-204
Author(s):  
Malik R. Dahlan
Keyword(s):  
Legal Status ◽  
The Self ◽  
Self Determination ◽  
Holy See ◽  
The Status ◽  
Unique Approach ◽  
The Difference ◽  
Nuanced Understanding ◽  
The Right ◽  
The Impact

Chapter 6 is an international legal examination of the status of The Hijaz in the aftermath of its conquest and absorption into a Saudi personal union. It discusses the impact of the 1933 Montevideo Convention on the Rights and Duties of States as well as the Territorial Principle. The Chapter tackles the legal question of secession and warns against the pitfalls of the ‘Self-Determination Trap’. It draws lessons from the difference between involuntary extinction of states as opposed to their creation. By looking at the cases of Czechoslovakia and Quebec it tackles the issue of ‘the Right to Secession by Agreement’. The Chapter reflects on lessons from Scotland, Catalan and Kurdistan highlighting that The Hijaz presents us with a delicate and nuanced understanding of ‘Internal Self-Determination’ and ‘Autonomy’ establishing, de facto, an international legal status of “Self-Determination Spectrum Disorder”. A special status calls for an active and special legal solution. The notion of a broader integrative role for The Hijaz and the broader Islamic world. The potential integrative institutionalization of The Hijaz is investigated bringing to bare a unique approach to self-determination that would entail coupling autonomy with international territorial administration. The propositions under this Chapter are supported by looking at other sui generis entities such as the Holy See being sovereigns without being states.

Fiscal Federalism and Local Government Finance in Nigeria: An Examination of Revenue Rights and Fiscal Jurisdiction

2002 ◽  
Vol 68 (4) ◽  
pp. 557-577 ◽  
Author(s):  
S. T. Akindele ◽  
O. R. Olaopa ◽  
A. Sat. Obiyan
Keyword(s):  
Local Government ◽  
Tax Evasion ◽  
Local Governments ◽  
Fiscal Federalism ◽  
Fiscal Discipline ◽  
Severe Problem ◽  
Fiscal Autonomy ◽  
Local Government Finance ◽  
The People ◽  
The Status

The most severe problem facing public institutions in Nigeria is the fiscal one, particularly in local government. This problem has been provoked by a number of factors, including ‘over dependence’ on statutory allocations from both the state and federal governments, deliberate tax evasion by the local citizenry, creation of nonviable local government areas, differences in the status of local governments in terms of the rural–urban dimension, and inadequate revenue and restricted fiscal jurisdiction. This article examines these factors and their attendant problems, implications and effects within the context of the fiscal federalism established by the 1999 constitution of the Federal Republic of Nigeria. For financially healthy local governments to exist, responsibilities and functions must be allocated in accordance with their taxing power and ability to generate funds internally. The constitutional provision that recognizes local governments’ power in this regard must give them full freedom to operate and this must be well guaranteed and adequately protected. These measures, coupled with a review of the revenue-sharing formula, the granting of fiscal autonomy and fiscal discipline as well as making local government responsive, responsible and accountable to the people will set local governments free from the fiscal stress promoted and strengthened by the 1999 constitution.

scholarly journals HAK KEWARISAN BAGI AHLI WARIS YANG MELAKUKAN OPERASI PENYESUAIAN KELAMIN GANDA (KHUNTSA) DALAM TINJAUAN HUKUM ISLAM

2017 ◽  
Vol 2 (1) ◽  
pp. 63
Author(s):  
Wiwit Widya Wirawati ◽  
Abdullah Kelib
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Research Result ◽  
Secondary Data ◽  
Legal Norms ◽  
Descriptive Research ◽  
The Status ◽  
Approach Method ◽  
The Right ◽  
Double Sex

<p>ABSTRACT<br />Allah SWT has set the rules on the issue of inheritance clearly and firmly in Al-Qur'an Surah An-Nisa article 11. It explains about the division of inheritance based on male and female sex, that is 2:1 (Das Sollen). But in fact there is a group of people called Khuntsa (double sex). Neither in Al-Qur‘an nor Hadist explains the provisions of inheritance for khuntsa heirs and the large number of parts they receive (Das Sein). The formulation of the problem in this study is how inheritance for the heirs who perform double genital surgery (khuntsa) according to KHI and how the right should be given to the heirs who perform<br />double genital adjustment surgery (khuntsa) in accordance with Islamic Law. <br />This research uses juridical normative approach method with analytical descriptive research specification. Sources and types of data are secondary data obtained from Islamic legal norms on inheritance and khuntsa obtained from Al-Quran, Hadist, KHI, and fuqaha and experts opinions in various literature on inheritance and khuntsa. <br />Based on the research result, khuntsa inheritance right is not regulated in KHI.<br />Theredore if khuntsa conducts genital adjustment surgery, and get the clarity of its legal status hence its right of inheritance is as specified in Article 176 KHI. The provision of inheritance for khuntsa heirs in Islamic Law is khuntsa first predicted as male then female.<br />Khuntsa and other heirs share the smallest and most convincing estimates, while the remaining doubts are held until the status of the khuntsa law is clear. If the khuntsa matter is clear, the acceptance of all the heirs is perfected by adding share to those who are reduced according to the acceptance they should receive. In the future, the formulation of KHI should regulate the right of khuntsa inheritance along with the amount of the inheritance received.</p><p> </p>

scholarly journals Registration of the Legal Status of Korean Migrants in Russia in the 80s 19th Century

2021 ◽  
Vol 38 ◽  
pp. 95-101
Author(s):  
E.S. Burdin ◽  
Keyword(s):  
Legal Status ◽  
Russian Far East ◽  
Far East ◽  
Korean Immigrants ◽  
Diplomatic Relations ◽  
Territorial Unit ◽  
The Status ◽  
Russian Law ◽  
Far Eastern ◽  
The Russian Far East

After the start of Korean migration to Russia in 1864, the Russian authorities began to make attempts to formalize the legal status of the arrived migrants in order to protect them from persecution by the Korean government and its patron China. Areas of compact residence of Korean immigrants were separated into a separate administrative-territorial unit – Suifun District, where the post of “head of Koreans” was established. Separate elements of local self-government were introduced in the Korean settlements. After the establishment of official diplomatic relations with Korea in 1884, the problem of the legal status of Korean migrants in Russia became one of the important topics on the agenda of Russian-Korean negotiations. Due to its decision, Petersburg wanted to stop the uncontrolled transfer of the population from Korea to the Russian Far East and prevent the unauthorized seizure of state lands by Korean settlers. In 1888, the Russian authorities managed to partially resolve the issue of citizenship of the Korean settlers who settled in Russia. From now on, measures to formalize their legal status were carried out on the basis of the norms of the Russian-Korean convention on border relations of 1888, as well as an oral (gentleman's) agreement between K.I. Weber and Kim Yun Sik. An agreement was reached that the Koreans who settled in Russia before the establishment of Russian-Korean diplomatic relations were recognized as equal with Russian subjects. Migrants who settled in the region after the conclusion of this agreement were to liquidate their farms and return to their homeland. The issue of the status of Korean immigrants was finally settled only in 1900. Russian citizenship was granted to all migrants, including those who resettled after 1884. The author comes to the conclusion that the Far Eastern authorities initially perceived the Korean settlers who settled in the South Ussuriysk Territory as subjects of Russia, but could not provide them with all the benefits in accordance with Russian law, since such a step could cause protests from Korea and China.

scholarly journals Z PROBLEMATYKI PRZEKSZTAŁCENIA PRAWA UŻYTKOWANIA WIECZYSTEGO W PRAWO WŁASNOŚCI

2017 ◽  
Vol 3 (2) ◽  
pp. 63
Author(s):  
Adam Brzozowski
Keyword(s):  
Local Governments ◽  
Current System ◽  
Common Knowledge ◽  
Rational Solution ◽  
Status Quo ◽  
The State ◽  
Property Right ◽  
Special Cases ◽  
The Status ◽  
The Right

From the Problems of a Transformation from Perpetual Usufruct to Property RightSummaryAn analysis of a normative state and a practice of a conduct of legal transactions with reference to legal regulations of perpetual usufruct and also of a transformation of this right into property right permits a statement that in Polish Law there came into being a system of norms completely unintelligible, excessively complicated, internally contradictory, bureaucratic and too costly for the national budget, local governments and perpetual usufructuaries. The primary cause of the status quo was the lack of a clearly defined objective at which the legislator was aiming. Expediency was implemented at the expense of system principles. It led to interventions of the Constitutional Tribunal. The legislator hedged, made successive provisions not only internally contradictory but also arousing new doubts as to their compliance with the Constitution of the Republic of Poland.It seems that the only rational solution of the status quo is to forego the right of perpetual usufruct by enfranchising perpetual usufructuaries. However, it has to be a regulation based on foundations completely different than these hitherto existing.The transformation should cover all perpetual usufructuaries, regardless of the mode and the time of their acquisition of this right, and should ensue ex lege. This would result in a significant simplification of a construction of the transformation. Given a tremendous interest of perpetual usufructuaries in the transformation, it would significantly reduce the amount of office labour and attendant costs incurred by them. At the same time affranchisement would become universal. Further simplification and lowering costs of transformation would require that entries in mortgage registers should be evidenced ex officio at the time of the first transaction relating to a given mortgage register. Since affranchisement in a discussed mode would cover all perpetual usufructuaries ex lege, it would be obvious that persons evidenced in a register as perpetual usufructuaries are property owners until a new entry is made.There should be no exception from the basic principle of universality of affranchisement of perpetual usufructuaries. It has to be assumed that land charged with perpetual usufruct has not been indispensable for the hitherto existing owner (the State Treasury, local government units) in order to perform their basic tasks. In special cases these units may employ an expropriation.The most difficult problem of the hitherto existing regulations faced has been the question of compensation due to hitherto owners from the fact of a loss of ownership as a result of a transformation. I propose to regulate these settlements in such a way that an enfranchised perpetual usufructuary should be charged with such performances as he was charged with hitherto as a perpetual usufructuary. In other words: he would be charged with an obligation to pay annuity during a period for which he has been granted, the right to perpetual usufruct, transformed into property right. In exchange for a performance, which in any case he would have to provide as per agreement, the former perpetual usufructuary would obtain a better right - property right. According to the proposition under discussion, the regulation would have a system character, in a long-term it would allow to effect such a reform of public finances that hitherto existing owners could perform their assigned tasks financing them from performances of a tribute type, and not from perpetual usufruct. One would have to consider the advisability of maintaining in force the principles of determining an amount of an annuity. It seems that instead of the current system (expensive and inefficient) there should be introduced a principle of a yearly raising of annuity according to a rate of inflation.It’s common knowledge that appreciable part of immovables of the State Treasury and municipal immovables originate from different kinds of „expropriations” carried out in the period of PRL [People’s Republic of Poland]. To secure claims of former owners I propose to create a special fund, meant for indemnities satisfying these claims, from obligatory written off amounts gained from receipts from former perpetual usufructuaries.

scholarly journals SYNCHRONIZATION OF PROCEDURAL AND FINANCIAL (BANKING) FUSE OF THE IMMUNITY OF PROPERTY RIGHTS

2021 ◽  
Vol 2 (37) ◽  
pp. 503-509
Author(s):  
V. Kantsir ◽  
V. Kushpit ◽  
A. Palyukh ◽  
I. Tsylyuryk ◽  
I. Kantsir
Keyword(s):  
Property Rights ◽  
Social Reproduction ◽  
Legal Status ◽  
Legal Regulation ◽  
Jel Classification ◽  
Criminal Proceedings ◽  
Legal Context ◽  
The Status ◽  
The Right ◽  
Judicial Protection

Abstract. The article is devoted to analysis of the effectiveness of the main procedural legal and financial (banking) mechanisms designed to ensure the protection of property rights’ immunity. The legally regulated procedures of such protection are analyzed on platforms — both procedural and legal as well as financial and economic. There is no doubt that only in a state where the immunity of property is declared and guaranteed to the person can be provided the development of economic, intellectual, socially oriented activities. The effect of the principle of immunity of property rights is not absolute, but its restrictions are possible only on the grounds and in the manner prescribed by law. The topicality of the inviolability of property rights is due to the role of law as a platform for citizens’ property independence and their participation in the processes of social reproduction. The guarantee of property independence is the right of ownership of property and non-property rights, which is realized by giving a person the right to freely, unimpededly, and fully exercise the rights of the owner of personal property. The compliance of the inviolability of property rights during criminal proceedings is not properly ensured in the current CPC (The Criminal Procedure Code) of Ukraine; in particular, the movement of confiscated property is not regulated, which questions the novelty of inviolability. To improve the procedure for the protection of property rights, this is necessary to regulate at the legislative level the mechanism of protection and restoration of property rights of persons victimized by criminal offenses. The etymology of «inviolability» guarantees by law the protection of the status of the person from any encroachment. Inviolability in the economic and legal context is mainly understood as a person’s legal status, which is an unalterable guarantee against unauthorized restrictions by the state institutions — law enforcement, financial, court, and individuals and legal entities. An attempt is made to accumulate most of the latest achievements (both legislative, theoretically investigative and applied) on the issues of legal regulation of the studied financial and legal relations, based on which scientific views are substantiated, and proposals are developed to improve regulations in this area. The main vectors of economic and legal mechanisms for the protection of the inviolability of property rights, which would correlate with generally accepted European and world standards, have been identified. Keywords: the inviolability of property rights, property rights, principles of proceedings, judicial protection, seizure of property, financial guarantee, financial risks. JEL Classification G28; К14 Formulas: 0; fig.: 0; tabl.: 0; bibl.: 12.

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