scholarly journals Types and forms of illegal (smuggling) movement and / or transport to the territory (from the territory) of Ukraine

2020 ◽  
Vol 1 (1) ◽  
pp. 263-269
Author(s):  
Andriy Krylovetskyi
Keyword(s):  
Armed Conflict ◽  
The State ◽  
Scientific Development ◽  
National Legislation ◽  
Internal Armed Conflict ◽  
Illegal Migrants ◽  
The Relationship ◽  
Special Relevance ◽  
Narcotic Drugs

The article emphasizes that combating illegal (smuggling) movement and / or transportation is one of the priority activities of the state. The statistical reporting of the State Fiscal Service of Ukraine and the State Border Guard Service of Ukraine on counteracting illegal (smuggling) movement and / or transportation is analyzed. It is noted that despite the considerable legal and regulatory framework in the field of combating smuggling and other types of illegal movement and / or transportation across the customs border of Ukraine, the number of cases of offenses in this area is increasing. The absence of sound scientific development of the types and forms of smuggling (export) to the territory (from the territory) of illegal migrants, inventory, narcotic drugs and their precursors, etc. is noted. The special relevance of such studies is emphasized in the context of the visa-free regime and the regimes established during the resolution of the internal armed conflict. The current national legislation in the field of combating illegal (smuggling) movement and / or transportation to the territory (from the territory) of illegal migrants, inventory, narcotics and their precur-sors is analyzed. Some types of illegal (smuggling) movement and / or transportation have been identified and investigated. Emphasis is placed on the classification of legal liability for illegal (smuggling) movement and / or transportation. External detection of smuggling by means of which smuggling is carried out outside customs control or by means of concealment from customs control is designated as a form of illegal (smuggling) movement and / or transportation to the territory (from the territory) of illegal migrants, inventory and their narcotics precursors. The relationship between the form and method of illegal (smuggling) movement and / or transportation has been proved. The conclusion was made about the need to amend the legislation in this area.

Konsep Negara Hukum dalam Perspektif Hukum Islam

2019 ◽  
Vol 2 (2) ◽  
pp. 235
Author(s):  
Sayid Anshar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Descriptive Research ◽  
Muslim Intellectuals ◽  
The Moment ◽  
City State ◽  
Relationship Of ◽  
The Relationship ◽  
The City

<p><em>The concept of state in Islam only regulates principles or principles, among others, about leaders who must be honest, trustworthy, fair, transparent, and protect human rights (fitrah). Islam teaches and gives guidance in the life of the state. This means that the State must be built as a home to uphold justice in accordance with the rights that are basically owned by every citizen. The success of the Prophet Muhammad. Building a Muslim community in Medina by some Muslim intellectuals is called the City State.  The problem in this research is how the concept of the rule of law in the perspective of Islamic law. The method used in this research is descriptive research, descriptive research is intended to provide data as thorough as possible about an effort, symptoms, events and events that occur at the moment, and is deductive based on general theories applied to explain about a set of data, the relationship of a set of data with another set of data. In this study the method used is a normative juridical approach. The activities carried out are the inventory of legal materials, identification of legal materials, classification of legal materials, systematization of legal materials, and interpretation and construction of legal materials.  Based on the results of the study shows the concept of the State of Islamic Law Perspective with various scopes between the idea of state, Religion, State and law according to </em><em>Al-Quran</em> <em>and Hadith as well as the contribution of Islamic Law to the development of National Law.  </em></p>

THE LEGAL ASPECTS OF PROTECTION OF CIVIL OBJECTS AND OBJECTS OF CRITICAL INFRASTRUCTURE UNDER THE CONDITIONS OF AN ARMED CONFLICT

2020 ◽  
pp. 42-46
Author(s):  
I. Koropatnik ◽  
O. Beryslavska
Keyword(s):  
Armed Conflict ◽  
Critical Infrastructure ◽  
Legal Aspects ◽  
The State ◽  
Additional Stress ◽  
Humanitarian Law ◽  
Vital Functions ◽  
Historical Monuments ◽  
Regular Manner

The article is dedicated to the normative-legal governing of protection of civil objects and objects of critical infrastructureunder the conditions of an armed conflict, that unconditionally is the key aspect to developing the national system of firmnessand sustainability and of course the survival of the state under the conditions of hybrid threats.It has been determined that the prohibitions that are set by the norms of international humanitarian law on the impossibility toinflict damage on civil objects or objects of critical infrastructure are often violated under the conditions of armed conflict andhybrid attacks, and therefore only prohibitions will turn out to be insufficient to achieve the state of protection for a society fromuncontrolled challenges and threats.It has also been pointed out, that there’s a critical growth of the level of threats not only to the economic, but also to theecological security of Ukraine. The absence of clear assessment of the scale of demolition, the duration of the situation and thecontinuity of the physical demolition of the infrastructure and civil objects on a significant part of the territory of the Donetsk andLuhansk regions do not allow to carry out precise assessment of losses and expenditures for Ukraine. The losses inflicted andcaused by the armed conflict in the Donbass are currently being assessed by Ukraine, UN, USAID and independent experts in adifferent manner.It has been pointed out that in the course of the Antiterrorist operation and the Operation of the United Forces in the east ofUkraine, as an addition to the most frightening phenomenon – the death of people, there’re also thousands of objects ofinfrastructure damaged and destroyed including housing. Thousands of families are left homeless, or with their houses damagedto such an extent that there’s no possibility to live there in a save and regular manner. Additionally, there’re plenty of civil objectsand objects of infrastructure that have been destroyed, the networks of water, heat, gas and electricity supply, as well as objectsthat assure the flow of used water and sewage, roads objects of social and cultural purpose, such as schools, kindergartens,healthcare entities, cultural and historical monuments etc.It has been proven, that the classification of objects of critical infrastructure is to be done with the inclusion of the followingcriteria such as: their importance to carry out the vital functions; the existing threats they could be damaged by; the duration ofactivities for their reconstruction and restoring with additional stress made on the issues of establishing a legislative basis torestore and rebuilt the civil objects and objects of critical infrastructure that have been damaged as a consequence of the armedconflict.

‘Thou Shall Not Kill’: The Use of Lethal Force in Non-International Armed Conflicts

2014 ◽  
Vol 47 (2) ◽  
pp. 191-224 ◽  
Author(s):  
David Kretzmer ◽  
Aviad Ben-Yehuda ◽  
Meirav Furth
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
International Criminal Tribunal ◽  
The State ◽  
Armed Conflicts ◽  
Customary International Law ◽  
Internal Armed Conflict ◽  
Internal Conflicts ◽  
Lethal Force ◽  
Enemy Combatants

The assumption of this article is that when a state is involved in an international armed conflict it may employ lethal force against combatants of the enemy unless they arehors de combat. Hence, even when it would be feasible to do so, it has no duty to apprehend enemy combatants rather than use force against them. Does this same norm apply in non-international armed conflicts occurring in the territory of a single state (internal conflicts)? The writers argue that the answer is in the negative. Despite the attempt in recent years to narrow the differences between the norms that apply in non-international armed conflicts (NIACs) and international armed conflicts (IACs), there are still significant differences between the two types of armed conflict, which justify the application of different norms in this context. Common Article 3 of the Geneva Conventions refers only to humanitarian norms and does not imply that the norms relating to the conduct of hostilities in IACs apply also in NIACs. While customary international law may allow states to use lethal force in a NIAC in the actual conduct of hostilities, there is no basis for assuming that the norm that ostensibly applies in IACs relating to use of such force outside the context of hostilities applies in NIACs too. The jurisprudence of the International Criminal Tribunal for the former Yugoslavia, which is the main source for the arguments on closing the gap between IACs and NIACs, relates only to humanitarian norms and has never addressed extending the permissive IAC norms of the law of armed conflict (LOAC) to NIACs. Finally, in an internal armed conflict the state has a dual capacity: it must respect and ensure the human rights of all persons subject to its jurisdiction, and it is a party in an armed conflict with some of those persons. In such a situation, the only context in which the state may deviate from regular norms of law enforcement is the actual context of hostilities, in which application of such norms is not feasible. In other contexts, its human rights obligations prevail.

scholarly journals Emotional Vulnerability of Displaced Children in a Protracted Conflict

2019 ◽  
Vol 18 (2) ◽  
pp. 39-48
Author(s):  
Neinunnem Grace K ◽  
Paramita Bhawmik ◽  
Jayakumar C ◽  
Sekar K
Keyword(s):  
Armed Conflict ◽  
The State ◽  
Internal Displacement ◽  
Protracted Conflict ◽  
Emotional Vulnerability ◽  
Displaced Children ◽  
The Relationship

Children are the most vulnerable and affected population in areas of protracted armed conflict. Due to internal displacement, deaths, injury, separation from family, and other social and economic disruptions are on the rise. In India, there are limited studies focussing on children in protracted conflict. This study focusses on the state of Manipur and looks into the relationship between the background to displacement and emotional vulnerability and tries to understand the different aspects of emotional vulnerability that children have faced due to the protracted armed conflict.

scholarly journals Administrative and legal support of the activity of customs entities in Ukraine

2020 ◽  
pp. 82-87
Author(s):  
V.O. Timashov ◽  
O.V. Mykhed
Keyword(s):  
Historical Development ◽  
Legal Status ◽  
Administrative Reform ◽  
The State ◽  
National Legislation ◽  
Educational Literature ◽  
Legitimate Interests ◽  
Legislative Changes ◽  
Definition Of

This article deals with the issue of administrative and legal support of the activity of customs entities in Ukraine. The views of scientists who have this issue have been researched and analyzed. The definition of customs business is determined in accordance with the norms of the Customs Code of Ukraine. Changes in customs legislation were also noticed. Accordingly, the concept of customs legal relations was formed. The historical development of the customs in Ukraine is investigated. Find out the names of the State Customs Service: 1991-1996 - State Customs Committee of Ukraine, 1996- 2012 - State Customs Service, 2012-2014 - Ministry of Revenue and Duties, 2014-2019 - State fiscal service, 2019 and until now - the State Customs Service. Attention was also payed to the changes in customs legislation that have occurred as a result of the reform of this field. The main legislative changes have been determined in accordance with the draft Law "On Amendments to the Customs Code of Ukraine and some other laws of Ukraine in connection with the administrative reform". On the basis of the researched norms of the current national legislation, its drawbacks regarding the administrative and legal support of the State Customs Service in Ukraine have been identified. Scientists' views on the classification of subjects of customs relations have been investigated. The essence and content of the administrative legal status of the subjects of customs relations are determined. Find out that in the scientific and educational literature is very common to find different concepts that characterize directly the participant of customs relations. Also, not less important, was the definition of customs entities according to the views of scientists on this issue. Therefore, customs entities are customs authorities and individuals and legal entities under their control who cross the customs border and move vehicles and goods through it, and carry out activities for the purpose of realizing rights, duties and legitimate interests in the field of public customs, while having certain rights and responsibilities.

scholarly journals Formation of Synodal Regime of Church Administration in Context of Relationship between Secular and Spiritual Authorities in 1721—1725 (Nizhny Novgorod Diocese)

2021 ◽  
pp. 304-324
Author(s):  
A. V. Bodrin
Keyword(s):  
The State ◽  
Russian Orthodox ◽  
Russian Orthodox Church ◽  
Dependent Position ◽  
The Status ◽  
State Relations ◽  
The Relationship ◽  
The Church ◽  
Nizhny Novgorod Region

The article is devoted to the formation of the synodal regime of government of the Russian Orthodox Church and related problems in the relationship between secular and spiritual authorities. Attention is paid to the new policy of the state represented by the Synod in relation to the local episcopate. The peculiarities of the organization of the diocesan administration are characterized on the materials of the Nizhny Novgorod region. A brief biography of the local Bishop Pitirim, one of the close associates of Peter I is presented. The results of the analysis of problems in relations between the state and the church in the political sphere are given. A classification of these problems is proposed on the basis of various aspects of interaction between secular and clergy. Special attention is paid to issues related to the status of the Synod and its real possibilities to represent the interests of the clergy. It is shown on regional material that the clergy, under synodal conditions, found themselves in a dependent position on the authorities, both central and local. The author especially dwells on the facts describing the arbitrariness of officials in relation to persons of clergy, interference in their competence on certain issues. It has been proved that the establishment of the Synod and the general bureaucratization during the reign of Peter I changed the nature of church-state relations and acted as prerequisites for the emergence of new difficulties.

scholarly journals CORRUPTION AS A SYSTEMIC PROBLEM OF FINANCIAL SECURITY IN UKRAINE

2021 ◽  
Author(s):  
Lesya Yastrubetska
Keyword(s):  
Risk Index ◽  
State Level ◽  
The State ◽  
Systematic Analysis ◽  
Business Units ◽  
Preparatory Stage ◽  
Enterprise Level ◽  
Business Entities ◽  
The Relationship

The article substantiates the need for a systematic analysis of the phenomenon of corruption in business. The evolution of the concept of «corruption» from the general understanding as an anti-moral social phenomenon to its analysis through a political, socio-economic and legal prism is studied. The author made a comprehensive analysis of Ukraine's anti-corruption position in recent years. The dynamics of change of the international index of perception of corruption in Ukraine is investigated. It is also considered how the indicator of corruption control in the legal and political sub-index of the International Property Rights Index (IPRI) has changed. In addition, the dynamics of change in the bribery risk index in Ukraine is analyzed. The author also reveals the peculiarities of the relationship between the state and business and the presence of cases of corruption in them by analyzing the results of a survey of representatives of business entities. The article proposes a classification of corrupt actions in business by the following characteristics: the subject, type and frequency of corrupt actions, the initiator of corrupt actions. The author describes the corrupt relationships of employees with contractors, in particular when paying for products with forged documents, when receiving / providing products in violation of quality standards, when concluding knowingly unfavorable financial agreements, when concluding fictitious non-commodity agreements, criminal inaction under improper execution of agreements, upon receiving additional loyalty. The need to combat corruption has led to the development of an organizational model for the implementation of anti-corruption policy in enterprises, which includes the preparatory stage, assessment of the anti-corruption position of the enterprise and the implementation of anti-corruption measures in the enterprise. The article also identifies the principles that must be followed in the implementation of anti-corruption policy at the state level and business units. Among the national principles it is proposed to take into account the following: clarity of anti-corruption legislation, transparency and consistency of government action in the field of anti-corruption, efficiency of law enforcement and judicial systems, irreversibility of punishment for corruption, compliance of domestic anti-corruption legislation with international law, media impartiality citizens. At the enterprise level, it is recommended to adhere to the following principles of anti-corruption policy: compliance of the company's anti-corruption policy with anti-corruption legislation, documentation of anti-corruption measures at the enterprise, accessibility of anti-corruption principles to employees and partners, ensuring confidentiality in informing employees. who provided information on cases of corruption, a personal example of zero tolerance for corruption on the part of the owners and the head of the enterprise, the irreversibility of punishment for corruption.

scholarly journals Indigeneity and the State in Indonesia: The Local Turn in the Dialectic of Recognition

2020 ◽  
Vol 39 (2) ◽  
pp. 270-289
Author(s):  
Sukri Tamma ◽  
Timo Duile
Keyword(s):  
Indigenous Peoples ◽  
The State ◽  
Second Step ◽  
Nation State ◽  
Political Strategies ◽  
National Legislation ◽  
Political Actors ◽  
South Sulawesi ◽  
Indigenous Movement ◽  
The Relationship

When the indigenous peoples’ movement emerged in the 1990s and grew stronger in the wake of reformasi, people formally termed “backward” and “primitive” suddenly emerged as political actors. This article traces the relationship between the state and the idea of the original, sometimes referred to as the autochthonous, sometimes as the indigenous, in Indonesian history and analyses how these relationships are reflected in legislation on land issues, the major concern of recent indigenous movements. In a second step, the article deals with current political strategies of the indigenous movement (AMAN), concluding that the movement is shifting its efforts from the “centre” (national legislation), to the provinces and the margins, a process we term the “local turn” in the indigenous people’s movement in Indonesia. By drawing on the example of Enrekang, South Sulawesi, the contribution shows how peraturan dearah (local regulations) provide a basis for recognition within the margins of the Indonesian nation state.

TYPES OF LINGUISTIC AMBIGUITY

2019 ◽  
Vol 18 (28) ◽  
pp. 62-71
Author(s):  
Lin Zhao ◽  
Xin Ding ◽  
Yuliia Stoianova
Keyword(s):  
Chinese Language ◽  
The State ◽  
Semantic Relations ◽  
Speech Communication ◽  
Chinese Characters ◽  
Different Types ◽  
Ancient Times ◽  
The Relationship ◽  
Content Range

The phenomenon of ambiguity of the Chinese language is analyzed in the article. It has been proved that in the course of speech communication a word, a phrase, a sentence or even a segment sometimes contains two or more meanings which can be interpreted in two or more ways. The article deals with different types of ambiguity in the speech of the modern Chinese. The classification of ambiguity types has been studied. By studying the types of one can see the relationship between ambiguity and phonetics, content, grammar as well as pragmatism. The ambiguity caused by the pronunciation and the meaning of the word can be explained by the fact that in ancient times the Chinese used limited material to determine the broad content range in the writing of Chinese characters, which inevitably caused duplication and ambiguity of their meaning. The relationship between linguistic forms and the content alongside with the state of semantic relations in grammatical research have been analyzed in the article; some other linguistic issues that will contribute to the further study of theories and methods of grammatical research have been examined. Due to the constant changes happening within the Chinese language, there are many similar words as well as homophones (the same phonetic expression which expresses different meanings). The conditions causing ambiguity in communication: as soon as the text appears, the ambiguity disappears. Some examples that often confuse foreigners who study the Chinese language have been presented in the article; the designated examples revealing ambiguity have been analysed.

Finding Each Other’s Hearts

2017 ◽  
Author(s):  
Pascha Bueno-Hansen
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Armed Conflict ◽  
The State ◽  
Judicial System ◽  
Final Report ◽  
Truth And Reconciliation ◽  
Internal Armed Conflict ◽  
Human Rights Organizations

This chapter examines how DEMUS wove interculturality into its feminist human rights work as it sought to address the challenges involved in cases of sexual violence during the internal armed conflict. When the Peruvian Truth and Reconciliation Committee (PTRC) finished its mandate to research the causes and consequences of the internal armed conflict, it submitted the final report with recommendations for reform and reparations to Peruvian President Alejandro Toledo and passed forty-seven human rights cases to the state prosecutor. Women who decided to pursue their cases through Peru's judicial system are currently represented by feminist and human rights organizations. This chapter considers how DEMUS confronted the legacy of colonialism and describes subsequent efforts to rework its project on the Manta and Vilca case of sexual violence given linguistic and sociocultural gaps.

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