scholarly journals NARZĘDZIA PRAWNE KOMORNIKA SĄDOWEGO (ZAGADNIENIA WYBRANE)

2019 ◽  
Vol 22 (2) ◽  
Author(s):  
Patrycja Weronika Dukat
Keyword(s):  
The State ◽  
Final Part ◽  
Court Decisions ◽  
Court Order ◽  
Applicable Law ◽  
Enforcement Officer ◽  
The Will ◽  
Cash Benefits ◽  
Characteristic Features ◽  
Enforcement Authority

This article indicates the competence of court enforcement officer. At the outset, the text presents what character in the legal turnover is the court bailiff and indicates the characteristic features that distinguish him from the debt collector, who is only the executor of the will of the creditor and not the contractor of the State expressed in the wording of the court order. Next, he shows that the Polish legislator gave the opportunity to support the activities of court bailiffs by granting them a number of powers. These legal tools are used by bailiffs to achieve a specific purpose, specified in the enforcement title submitted of court enforcement officer office together with the application - the purpose of enforcement. However, it should be pointed out - as the final part of the article states, that the bailiff deals not only with the enforcement of cash benefits. Nevertheless, all measures taken by the enforcement authority must be based on applicable law and seek to ensure the expediency and correctness of the proceedings conducted, the purpose of which is to enforce court decisions.

scholarly journals Izvršenje u francuskom upravnom sporu

2021 ◽  
Vol 70 (6) ◽  
pp. 721-753
Author(s):  
Bosiljka Britvić Vetma ◽  
◽  
Ivan Malenica ◽  
Keyword(s):  
The State ◽  
Court Decisions ◽  
State Council ◽  
Court Order ◽  
Legal Entity ◽  
The Public ◽  
The Republic

Court decisions are mandatory for the party who must execute them. Similarly, the party may seek that the administrative court “order” the public legal entity to execute court judgements within a specific timeframe. In the case of a refusal to execute a decision, the administrative court can punish the public legal entity. To be more specific, in administrative court adjudication, the Republic of France’s procedural methods used in the case of non-execution of administrative court decisions range from incentive to repressive measures. An immense contribution to effective execution of administrative court decisions has been made by two institutions: the Department for Reporting and Studies of the State Council and the Public Ombudsman.

Budget as an Instrument of Reproduction of Bureaucracy in Russia

2006 ◽  
pp. 87-96
Author(s):  
Yu. Shvetsov
Keyword(s):  
The State ◽  
Economic Consequences ◽  
Material Base ◽  
Characteristic Features

The article considers the problem of bureaucratisation of the state and the most important social and economic consequences of this phenomenon. The essence of bureaucracy has been revealed, characteristic features of its functioning in Russia have been analyzed; the material base of bureaucracy and its dominating status in the society have been substantiated. The conclusion has been made that the process of changing the role of the budget to serve the interests of bureaucracy is being accomplished.

AGRARIAN REFORM UNDER THE REIGN OF JOKO WIDODO VIEWED FROM BASIC AGRARIAN LAW

2020 ◽  
Vol 10 (1) ◽  
pp. 107-122
Author(s):  
Rizka Refliarny ◽  
Herawan Sauni ◽  
Hamdani Ma'akir
Keyword(s):  
Economic System ◽  
Land Reform ◽  
Agrarian Reform ◽  
The State ◽  
Active Involvement ◽  
Reform Program ◽  
The Will ◽  
A Priority ◽  
Agrarian Law ◽  
Priority Program

This study raises the issue of agrarian reform draft under the reign of President Joko Widodo. Agrarian reform became a priority program in the RPJMN of 2015-2019. Based on this matter, the writer analyzes the concept of agrarian reform during the reign of Joko Widodo terms of BAL. The nature of the study was a normative research with statute approach, which was done in four ways, namely descriptive, comparative, evaluative and argumentative. The results showed that the agrarian reform draft during the reign of Joko Widodo is a concept of land stewardship and land reform. The economic system leads to a form of capitalism. It is necessary to conduct refinement of content and material of BAL implementation in order to achieve the justice and the welfare of the nation and the State. The agrarian reform program should be carried out in stages in order to obtain the desired results. It requires the will, ability and active involvement of all elements of the state.

The Mystery of Freedom

2020 ◽  
pp. 192-206
Author(s):  
Pilar López de Santa María
Keyword(s):  
The State ◽  
Theory Of Knowledge ◽  
The Will ◽  
The Subject ◽  
Different Parts

Freedom is the focus of the first of the writings included in The Two Fundamental Problems of Ethics. The attention that Schopenhauer devotes to the subject does not stop here, however, since freedom appears recurrently in different parts of his system. It is linked to his theory of knowledge, metaphysics, aesthetics, and the denial of the will. This chapter follows that track and examines the presence in different contexts of Schopenhauerian thought of a freedom that is so undeniable as unexplainable. In this way will be shown Schopenhauer’s transition from the freedom of the voluntas to the freedom of noluntas [non-willing] and the state of great liberation that occurs because the will frees itself from itself. It is a transition that begins and ends at the same point: mystery

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.

O potrzebie wprowadzenia ustawy referendalnej do systemu prawnego w Polsce

2021 ◽  
Vol 1(162) ◽  
pp. 127-145
Author(s):  
Piotr Uziębło
Keyword(s):  
Constitutional Law ◽  
The State ◽  
Popular Vote ◽  
Advantages And Disadvantages ◽  
The Future ◽  
The Will ◽  
The Republic ◽  
Constitutional System

The problems raised in the doctrine of constitutional law related to the implementation of a decision taken in a referendum in matters of particular importance to the state, as well as the generally marginal use of the institution of popular vote in the constitutional prac-tice, give rise to reflection on the introduction of the institution of a referendum law into the Polish constitutional system. In this article the author considers the advantages and disadvantages of such a solution, analyzing at the same time contemporary normative regulations concerning such acts in other countries. The research leads to the conclusion that despite the risks involved, the refer-endum law should appear in the Polish constitutional system in the future, as it would not only give a chance for a more complete reflection of the will of the collective subject of sovereignty without the necessity of its decoding by the parliament, but it could also be an impulse for the development of the referendum practice in the Republic of Poland. However, it is important to introduce proce-dural barriers that will prevent depreciation of this institution.

Significant choice-of-law interests and its impact on the formation of choice-of-law regulation in the field of intellectual property

2021 ◽  
pp. 186
Author(s):  
Svetlana I. Krupko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Close Connection ◽  
Choice Of Law ◽  
Applicable Law ◽  
Advantages And Disadvantages ◽  
Special Rules

This article analyzes the choice-of-law interests of specific and potential participants in the relations of intellectual property rights and the state in order to establish the closest connection of the above type of relation with the state, whose law should be applied. Taking into account the directionality of significant choice-of-law interests, advantages and disadvantages of territorial and universal approaches, a theoretically based solution is proposed for the formation of a general choice-of-law rule on the law to be applied to the relation of intellectual property rights. It was revealed in the study that the diversity of the relations of intellectual property rights (their obligatory and non-obligatory, property and personal non-property nature, other differences in legal features) does not automatically generate a multidirectionality of significant choice-of-law interests that should be taken into account when establishing a close connection of the above type of the relation with the state for determination of applicable law, does not prevent the formation of a general choice-of-law rule for the relations of intellectual property rights in general and does not unequivocally testify in favor of the specialization of its binding. However, the diversity of the relations of intellectual property rights should be examined and evaluated for the feasibility and limits of exceptions from the general choice-of-law rule and the development of special rules for resolving certain private of the relations of intellectual property rights.

Kant’s Naturrecht Feyerabend, Achenwall and the Role of the State

Kant Yearbook ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 49-71
Author(s):  
Mike L. Gregory
Keyword(s):  
Political Philosophy ◽  
Sustained Attention ◽  
Natural Law ◽  
The State ◽  
Natural Rights ◽  
Law System ◽  
Role Of The State ◽  
The Will ◽  
Subjective Rights

Abstract Kant’s Naturrecht Feyerabend has recently gained more sustained attention for its role in clarifying Kant’s published positions in political philosophy. However, too little attention has been given to the lecture’s relation to Gottfried Achenwall, whose book was the textbook for the course. In this paper, I will examine how Kant rejected and transforms Achenwall’s natural law system in the Feyerabend Lectures. Specifically, I will argue that Kant problematizes Achenwall’s foundational notion of a divine juridical state which opens up a normative gap between objective law (prohibitions, prescriptions and permissions) and subjective rights (moral capacities). In the absence of a divine sovereign, formal natural law is unable to justify subjective natural rights in the state of nature. In the Feyerabend Lectures, Kant, in order to close this gap, replaces the divine will with the “will of society”, making the state necessary for the possibility of rights.

scholarly journals Root causes and ways of the settlement of ethno-political conflicts

2019 ◽  
Vol 89 (4) ◽  
pp. 390-392
Author(s):  
V. V. Naumkin
Keyword(s):  
World Order ◽  
Political Conflict ◽  
The State ◽  
National Interests ◽  
Political Processes ◽  
Contemporary World ◽  
Political Conflicts ◽  
Characteristic Features

The presentation analyzes three belts of ethno-political conflict that directly affect the national interests of Russia. The link between ethno-political processes and globalization is highlighted, uncovering a number of challenges. Seven characteristic features of the contemporary world order are identified and their influence on the state of ethno-political conflicts and the prospects for their settlement are discussed.

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