scholarly journals Regulation of the Legal Status of the Muslim Clergy of the Taurian Province in the Second Third of the XIX Century

2019 ◽  
Vol 10 (2) ◽  
pp. 169-177
Author(s):  
Il’dus K. Zagidullin
Keyword(s):  
Corporal Punishment ◽  
Legal Status ◽  
Russian State ◽  
The Status ◽  
The Law ◽  
Parish Clergy ◽  
Privileged Class ◽  
Xix Century ◽  
Crimean Tatar

In article process of legal fixing by the law of december 23, 1831 year to muslim Crimean tatar clergy of the status of the privileged class, exempted from taxes, duties and corporal punishment is considered. Also the reasons of attempts of officials of various level to limit these privileges are established. Finally, keeping a privilege of the Crimean tatar clergy and showing thereby commitment to the fundamental principles of the patronage of the confessional policy of the Russian state for muslims of Taurida, officials have found a way to reduce its number by transfer of descendants of the non-serving of “hereditary” clergy to podatny class. Since 1848 year the composition of the higher and parish clergy was to be updated only at the expense of children of the serving clergy and descendants of non-serving of clergy who moved to other classes at the same time the first used the privilege exempting them from payment of taxes, “by inheritance”, the second – only during the performance of pastoral duties.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

scholarly journals The Legal Status of Appraisal of Materials Guarantee for Bancruptcy Process of Indonesia

2020 ◽  
Vol 16 ◽  
pp. 1-12
Author(s):  
Anne Rusiana ◽  
Jamal Wiwoho ◽  
Adi Sulistiyono
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Legal Certainty ◽  
Legal Research ◽  
Positive Law ◽  
Legal Case ◽  
The Status ◽  
The Law ◽  
Legal Discovery ◽  
As If

This research studies the legal status of a material guarantee for the bankruptcy process of Indonesia. The purpose of this research is to find out the legal status of whether the material guarantee that has been declared bankrupt by the appraisal because of not fulfill of repayment of the debtor to the creditor can be transferred on non-bankruptcy status? Moreover, what is the creditor's execution rights to the debtor's material guarantee? This research uses a normative legal research method, namely: legal research that is done with the purpose of discovering the principles and philosophical base (dogma or doctrine) of positive law, and the research of legal discovery efforts in concreto that is suitable to be implemented to solve a particular legal case. The result of this research is that material guarantees that have been determined as Bankruptcy cannot be transferred to their status when they are sold with a non-bankrupt status before a written decision by the judge justified the status. This shows obedience to the principles of legality and legal certainty, that selling the bankrupt assets with the status of (non-bankrupt assets) cannot be justified according to the law. If the curator still continues to sell the bankrupt assets, that process is illegal, including the execution of the selling according to the law. When it was being declared of bankrupt the total value of the material guarantee is assessed by the appraisal to be sufficient for paying all debts to the creditor, then it became the guarantee of repayment of the debtor, but if the value of the material guarantee valued by the appraisal is smaller than the debt, then there must be a reassessment in order to make justice for debtors and creditors. Mortgage-holding creditors, fiduciary guarantees, mortgage rights, mortgages, or other collateral rights, can execute their rights as if Bankruptcy did not occur, but there are several receivables that must be matched before executing their separatist rights.

scholarly journals FORMATION OF THE BANKRUPTCY PROCESS (BANKRUPTCY PROCEEDINGS) AND ITS DEVELOPMENT IN THE 1990s IN INDEPENDENT UKRAINE

2020 ◽  
pp. 27-33
Author(s):  
R.B. Poliakov
Keyword(s):  
Legal Status ◽  
Bankruptcy Law ◽  
Economic Downturn ◽  
Negative Consequences ◽  
Industrial Enterprises ◽  
Competitive Process ◽  
Bankruptcy Procedure ◽  
The Law ◽  
Xix Century ◽  
Financial Recovery

The article is devoted to the formation and development of the competitive process in independent Ukraine, namely in the 90s of the twentieth century, during its economic downturn. The normative legal acts of that period, which regulated the insolvency relations and the corresponding Explanations of the Supreme Arbitration Court of Ukraine, are studied. It is emphasized that the first act of the competitive process of independent Ukraine — the Bankruptcy Law at 1992, proved to be very simple to solve the problems of insolvency of large industrial enterprises. The author accentuates that this law in its essence resembled the competitive process of the XIX century, where there was only a liquidation procedure. The lack of a full-fledged financial recovery procedure, traditional measures of the bankruptcy process, a professional arbitration manager and legal deadlines for the regulation of bankruptcy proceedings led to litigation and unjustified liquidation of strategic industrial enterprises for the state. It is argued that the purpose of the Explanations of the Supreme Arbitration Court of Ukraine dated 18.11.1998 was to increase the efficiency of the law itself, mitigate the negative consequences of its application, resolve problems of simultaneous settlement of commercial disputes in litigation with consideration of monetary claims of creditors in bankruptcy proceedings. The important points of this Clarification are emphasized concerning the application of procedural norms, the legal status of the participants in the case, the structure and content of the application for initiating bankruptcy proceedings, the functions of the court, the work of the liquidation commission, etc. It is noted that the Clarification not only facilitated the work of arbitration courts and participants in the bankruptcy proceedings, but also allowed to properly understand the essence of the bankruptcy process itself, previously unknown to the legal science of Ukraine. It is argued that the Bankruptcy Law at 1999 was of revolutionary significance for the development of the bankruptcy process in Ukraine. He significantly intensified the activities of arbitration courts. Significantly increased the number of bankruptcy cases initiated by debtors, including large industrial enterprises. In many cases, the courts began to apply reorganization and amicable agreement procedures. There are differences between the Bankruptcy Laws at 1992 and 1999, in particular in their direction. As a result of the study, the author concludes that the benefits provided by the Bankruptcy Law of 1999 could be used by debtors in respect of whom cases were initiated under the "old" version of the Law. The activities of arbitration managers allowed to maximize the efficiency of the bankruptcy procedure in terms of financial recovery of debtors and repayment of creditors’ claims.

scholarly journals Международно-правовое положение Внутренней Монголии на рубеже XIX–XX вв. глазами ее правителя (записка хорчинского князя Удая, 1910 г.)

2020 ◽  
Vol 13 (6) ◽  
pp. 1496-1512
Author(s):  
Roman Yu. Pochekaev ◽  
Keyword(s):  
Inner Mongolia ◽  
Legal Status ◽  
Point Of View ◽  
Legal Analysis ◽  
Historical Archive ◽  
Russian State ◽  
The Status ◽  
The Russian Empire ◽  
Chinese Peasant ◽  
Regional Authorities

Introduction. The article publishes and provides a historical legal analysis of one letter by Prince Uday, ruler of Khorchin Khoshun (Horqin Banner) in Inner Mongolia at the end of 19th – first quarter of 20th century, who sent it to Pyotr Stolypin, the Prime-Minister of the Russian Empire, in 1910. This letter is a part of a file kept in the Russian State Historical Archive (St. Petersburg, Russia) in original Mongolian as well as in its Russian translation. As is known, the document was not published before. Goals. The aim of research is to extract from the Uday’s note — the information on the international legal status of Inner Mongolia which is given from the local ruler’s point of view. Results. The results of the research confirm the value of the note as a source, although its author attempted to emphasize his own significance in the eyes of the Russian authorities. Coupled with materials of other contemporaries (Russian and Western diplomats, intelligence officers, missionaries, merchants and scientists) it allows to give an authentic view on the status of Inner Mongolia at the international scene at the edge of 19th – 20th centuries. The utmost interest should be paid to the dynamics of relations of rulers of Inner Mongolia with the Qing imperial authorities that initiated a forced colonization of Mongolian lands through resettlement of Chinese peasant colonists, changes in relations of Manchu administration and Mongol feudal lords with Russian regional authorities and merchants, as well as strengthening of the Japanese influence in the region.

scholarly journals LEGAL STATUS OF A FORENSIC EXPERT: TOPICAL REGULATORY ACTIVITY PROBLEMS

2020 ◽  
pp. 82-89
Author(s):  
S. Nesterenko ◽  
O. Stulov
Keyword(s):  
Legal Status ◽  
Criminal Proceedings ◽  
Scientific Publications ◽  
Legal Personality ◽  
Forensic Expertise ◽  
European Court ◽  
The Status ◽  
International Obligations ◽  
Forensic Expert ◽  
The Law

The article deals with the analysis of dissertation thesis and scientific publications in domestic and foreign editions, the concepts of “legal personality”, “legal status of a forensic expert”, “procedural status of a forensic expert”, their general and distinctive features. The authors propose to improve these concepts as well as the legislative consolidation of the status of a forensic expert in the new version of the Law of Ukraine “On Forensic Expertise”. The authors draw attention to the imperfection of regulation of the legal status of a forensic expert in the Law of Ukraine “On Forensic Expertise”, as well as to the unreasonable extension of the powers of a forensic expert by a subordinate normative legal act – the Instructions on the appointment and conduct of forensic examinations and expert studies, approved by order of the Ministry of Justice of Ukraine as of August 10, 1998 No. 53/5 (as amended by the order of the Ministry of Justice of December 26, 2012 No. 1950/5). As a result of the conducted research, the authors come to the conclusion that the issues of the status of a forensic expert need to be updated, as a participant in criminal proceedings, as well as draw attention to the lack of harmonization of domestic legislation in the field of forensic examination and procedural legislation. There is a need to adopt a new version of the Law of Ukraine “On Forensic Expertise”, considering all international obligations of Ukraine and the practice of the European Court of Human Rights.

scholarly journals THE GERMANS IN RUSSIA IN XVIIIth - FIRST QUARTER OF THE XIXth CENTURY

2021 ◽  
pp. 99-106
Author(s):  
Галина Алексеевна Кокорина ◽  
Анна Валерьевна Белова
Keyword(s):  
Legal Status ◽  
Economic Status ◽  
Russian Empire ◽  
German Population ◽  
Russian Society ◽  
Cultural Relations ◽  
German Immigrants ◽  
Russian State ◽  
The Russian Empire ◽  
Xix Century

В статье анализируется историческое пребывание немцев на территории Российской империи XVIII - первой четверти XIX в. Рассматривается правовой статус немецких переселенцев в XVIII - первой четверти XIX в. На основе законодательных актов просматриваются тенденции в период каждого царствования, а также общая тенденция на протяжении исследуемого периода. Проанализированы историографические работы, связанные с нахождением немцев на территории России. Исследуются экономические, политические и культурные связи немцев и российского государства. Рассматривается конфессиональная политика российского государства в отношении немецкого населения. Каждый правитель старался включать иностранцев (немцев) в российское общество. В период с XVIII - первой четверти XIX в. не сформировался особый правовой или экономический статус немцев в Российской империи. The article analyzes the historical stay of the Germans on the territory of the Russian Empire in the XVIII - first quarter of the XIX century. The legal status of German immigrants in the XVIII - first quarter of the XIX century is considered. On the basis of legislative acts, the trends in the period of each reign are viewed, as well as the general trend during the period under study. The historiographical works related to the presence of the Germans on the territory of Russia are analyzed. The economic, political and cultural relations of the Germans and the Russian state are investigated. The article considers the confessional policy of the Russian state in relation to the German population. Each ruler tried to include foreigners (Germans) in Russian society. In the period from the XVIII - first quarter of the XIX century. The special legal or economic status of the Germans in the Russian Empire was not formed.

scholarly journals Foreigners and persons without citizenship as subjects of administrative judiciary

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Saadulaev A.I. ◽  
Keyword(s):  
Legal Status ◽  
Access To Justice ◽  
The Status ◽  
The Law ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection ◽  
Domestic Law ◽  
Legal Entities

The right to go to court, including administrative, is one of the most important rights of citizens guaranteed by the Constitution and laws of Ukraine. In addition to the general constitutional right to judicial protection, in particular, Art. 7 of the Law of Ukraine «On the Judiciary and the Status of Judges» of 02.06.2016 № 1402-VIII, guarantees everyone the protection of his rights, freedoms and interests within a reasonable time by an independent, impartial and fair court established by law. Foreigners, stateless persons and foreign legal entities have the right to judicial protection in Ukraine on an equal footing with citizens and legal entities of Ukraine. Access to justice for every person is ensured in accordance with the Constitution of Ukraine and in the manner prescribed by the laws of Ukraine. However, along with the guaranteed right to apply to the court of foreigners, stateless persons (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as apartheid remained outside the scope of domestic law. In order to eliminate the shortcomings of the legislative regulation of the legal status of apartheid in Ukraine, the author came to the conclusion that it is necessary to eliminate the existing shortcoming by amending the Law of Ukraine «On Legal Status of Foreigners and Stateless Persons» of 22.09.2011 № 3773-V. Keywords: legal status, foreigners, migrants, apartheid, justice, legislation

scholarly journals PRINCIPLE OF NATURAL COURT: CURRENT PROBLEMS OF LEGAL UNDERSTANDING AND LAW ENFORCEMENT IN UKRAINE

2021 ◽  
pp. 70-74
Author(s):  
S. Prylutskyi ◽  
Keyword(s):  
Legal Status ◽  
Constitutional Court ◽  
Exclusive Jurisdiction ◽  
Basic Law ◽  
The Status ◽  
Separate System ◽  
Specialized Courts ◽  
The Subject ◽  
The Law ◽  
The Right

In 2016, a provision appeared in Article 125 of the Basic Law, which stipulated that higher specialized courts may operate in accordance with the law. Filling the content of this wording in, Article 31 of the Law "On the Judiciary and the Status of Judges" (2016) establishes that in the judicial system there are higher specialized courts as courts of first instance to consider certain categories of cases. This category of courts today includes the High Court of Intellectual Property and the High Anti-Corruption Court, activities of which are initiated by the relevant legislation. However, in political circles there was a discussion about the constitutionality of this court and, accordingly, the subject of the right to a constitutional petition questioned a number of provisions of the Law "On the Supreme Anti-Corruption Court" and appealed to the Constitutional Court of Ukraine to declare this law unconstitutional. In turn, the Constitutional Court of Ukraine initiated constitutional proceedings on this issue. Familiarization with the legal position of the subject of the constitutional petition indicates that the key issue of this constitutional proceeding concerns the presence of signs of a "special court" (within the meaning of Part 6 of Article 125 of the Constitution of Ukraine) in the mechanism of legislative regulation of the Supreme Anti-Corruption Court. In order to find an objective answer to the existing conflict, it is necessary to abstractly identify the main features of a "special" court. To solve such an applied problem, the author of the article turned to the theory and applied provisions of the principle of natural judgment, which was the subject of this study. As a result of the study, the author argues that by giving the Supreme Anti-Corruption Court exclusive jurisdiction over the system of general courts, the legislator has significantly deviated from the permissible limits of constitutional legality. The author singled out and grouped the key features of a special court, which included: 1) Separation of a judicial institution with a separate system of instances for consideration of certain categories of cases selected from the general array (special jurisdiction) or in respect to a separate category of persons. 2) The court, which is entrusted with special, different from other general courts, the purpose and objectives of the activity. 3) A court formed to expedite the resolution of certain categories of cases specific to a certain period; 4) A court in which judges have a special legal status (special tasks in the administration of justice; special professional qualifications (requirements, selection criteria); a special (extraordinary) procedure for the formation of the judiciary, etc. It is seen that the principle of natural judgment – is a fundamental constitutional and legal heritage of civilized humanity, which is designed to protect people, their rights and freedoms from the arbitrariness of the state, and from the use of courts as an instrument of terror and wrongful persecution.

THE STATUS OF WOMEN IN THE INDEPENDENT AUDITOR'S PROFESSION: ANKARA PROVINCIAL RESEARCH

2021 ◽  
Vol 7 (44) ◽  
pp. 2243-2252
Author(s):  
Burcu DOĞAN ◽  
Erdem HĠLAL
Keyword(s):  
Legal Status ◽  
Significant Proportion ◽  
Accounting Profession ◽  
Accounting Scandals ◽  
The World ◽  
The Status ◽  
Independent Auditors ◽  
The Law ◽  
The Times ◽  
Status Of Women

In our country, the accoutancy profession gained legal status on 13 June 1989 with the law numbered 3568. For more than 30 years, the requirements of the profession have been shaped by the law numbered 3568 for the activities of the accounting profession to keep up with the times. The audit profession and accountants were questioned after the accounting scandals that shook the whole World in the 2000. After the scandals in the profession, necessary steps were taken for the advent of the profession in our country as well as in the Word. The aim of this study is to examine the changes in the number of people who prefer in the light of these developments in the profession. İn light of the developments in the World, as a result of the increasing importance of the independent auditor’s profession, it is to determine the number of female auditors who perform the financial consultancy and subsequently continue their activities as auditors. Working in Ankara is the reason for choosing not constitute a significant proportion of the total number of financial advisory and auditing profession in Turkey. İn this study revealed how less female independent auditors perform this profession compared to male professionals. For this purpose, Ankara were examined by determining the number of women in proportion to the number of auditors and independent auditors in Turkey are given.

INDEPENDENCE OF PROFESSIONAL JUDGES AS A CONSTITUTIONAL BASIS FOR THEIR LEGAL STATUS

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Mariana Khmyz ◽  
Vitaliy Hudyma ◽  
Valentyn Liubarskyi ◽  
...  
Keyword(s):  
Legal Status ◽  
Professional Status ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Inaccurate Information ◽  
The Status ◽  
Legal Foundations ◽  
The Law ◽  
The Right ◽  
Judicial Protection

The article reveals the main aspects of the independence of professional judges as a constitutional basis of their legal status. It is established that the main aspects of the independence of judges as the constitutional basis of their legal status in Ukraine are regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Law of Ukraine «On Ensuring the Right to a Fair Court», the Law of Ukraine «On Restoring Confidence in the Judiciary in Ukraine», the Law of Ukraine «On Purification of Power». It is determined that the independence of the judiciary is guaranteed by the state and acts as a constitutional and legal basis for the functioning and activity of the judiciary. It was found that the independence of judges is a key element of the professional status of judges. It has been determined that a judge, in administering justice, must be independent of influence, pressure or interference from unlawful sources. It was noted that state authorities and local self-government bodies, as well as their officials and officials, individuals and legal entities, are obliged to respect the independence of judges, as well as not to encroach on it. It has been established that a judge in the context of administering justice is independent, therefore, taking measures to ensure the independence of judges is one of the main responsibilities of the High Council of Justice. It has been established that every year the number of violations by offenders on the independence of judges in the context of their administration of justice is increasing. It was determined that most often encroachment on the independence of judges in Ukraine occurs on the part of law enforcement agencies, people's deputies, deputies of local councils, other representatives of state authorities and local self-government bodies, lawyers, as well as in cases of violation of law and order in a court session, disruption of court hearings, blocking courts, making various threats to judges, committing physical pressure on judges or members of their families, damaging their property, as well as the property of courts, disseminating inaccurate information in relation to judges. It was found that the low level of guarantees for the independence of judges has an indirect effect on reducing the possibilities of exercising the right to exercise judicial protection. It is noted that the prospects for further research in this direction are the study of the legal foundations of the procedure for the selection and appointment of professional judges in the context of constitutional and legal requirements for candidates.

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