scholarly journals LEGAL PERSONALITY OF PUBLIC LEGAL FORMATION

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 256-261
Author(s):  
D. B. Sergeev
Keyword(s):  
Local Government ◽  
Public Administration ◽  
The Other ◽  
Legal Entity ◽  
Legal Personality ◽  
Legal Relationship ◽  
Other Hand ◽  
Analysis And Synthesis ◽  
The One ◽  
Legal Entities

In article public legal formation is studied as the organizational and legal embodiment of state and in the publication analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the Russian legislation and the works of legal scholars. The author came to a conclusion that «to be a subject of legal relations» means only to have ability to enter them. Therefore nothing and nobody can treat a sort of such phenomena as a legal entity or subject of legal relationship as ability is one of attributes. When public formation is called legal entity, often on a background the fact it is officials and bodies of public government (public administration and local government) ordered in structure and that the most important function of public formation – right ensuring. According to the author legal personality of public formation and legal personality of its bodies also mutually depend on each other. On the one hand, public formation as phenomenon, ideal in terms of philosophy, cannot carry out any actions as legal entity without actions of people – bodies and officials. On the other hand, state and municipal bodies and officials or act as legal entities – representatives of state or municipality (for example, governor in relations with legal entities which exist out of state), or their legal personality is based on they are recognized as a part of public formation, entering relations with its population or with other bodies and officials of this public formation. At the same time legal personality of public formation is not the sum of legal personality of all public bodies neither particular bodies of public formation, nor all of them combined are legal entities of state or municipal property.

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

The Typological Legitimacy of Nonpublic Fundraising Foundations

2014 ◽  
Vol 6 (2) ◽  
pp. 213-238
Author(s):  
Zhenghui Li
Keyword(s):  
Legal System ◽  
The Other ◽  
Charitable Organizations ◽  
Organic System ◽  
Legal Entity ◽  
Legal Personality ◽  
Key Word ◽  
The One

As an emergent type of charitable organizations, nonpublic fundraising foundations (非公募基金会) are questioned on its legal entity – on whether nonpublic fundraising foundations qualify as a valid type of charitable organizations. In terms of its origin, nonpublic fundraising foundations emerged in China as a product of the mixture of history, reality and imported elements. Fundraising, a key word in the term, is not a right but a duty. The problem with nonpublic fundraising foundations is the overstress on the concept on the one hand and the ignorance of the institution on the other. The solution lies in setting up a sound and clear institution, so as to form an organic system of charitable organizations. The fact that nonpublic fundraising foundations are hardly supported in the existing theories of legal personality reflects the need to reform relevant aspects in the legal system.

scholarly journals PENETRASI KAPITALIS DAN RESISTENSI PETANI: KASUS SENGKETA AGRARIA DI TANAH LIDO KABUPATEN BOGOR, JAWA BARAT

2008 ◽  
Vol 7 (2) ◽  
pp. 54-68 ◽  
Author(s):  
Septri Widiono
Keyword(s):  
Local Government ◽  
Qualitative Approach ◽  
The Other ◽  
Study Strategy ◽  
Other Hand ◽  
The One

This research was aimed to study about an agrarian conflict at Lido land. In order to get the comprehensive its meaning the qualitative approach with the case study strategy were used. The conflict explained as the dialectical relation among peasants in the one hand and the agrotourism company in the other hand. The conflict taken place with the support of local government to the company while peasants made patronize relationship with the NGO. The dynamic of agrarian conflict has meaning of capitalist penetration and the peasant resistency.Key word: agrarian conflict, capitalist penetration, peasant resistency, Lido

scholarly journals Public Administration Research in Mainland China: An Update

2020 ◽  
Author(s):  
Huafang Li
Keyword(s):  
Comparative Study ◽  
Public Administration ◽  
Mainland China ◽  
The Other ◽  
Short Paper ◽  
Global Village ◽  
Important Member ◽  
Other Hand ◽  
The One ◽  
Chinese Public

This short paper highlights the importance and relevance of studying Chinese public administration. As China becomes an increasingly important member in the global village, more attention should be paid to the study of Chinese public administration. On the one hand, many studies will continually focus on studying Chinese public administration itself, and on the other hand comparative study between China and other countries will likely flourish as well.

scholarly journals On the Organization of the All-Russian Inspection of the Governorates

2021 ◽  
Vol 66 (1) ◽  
pp. 56-78
Author(s):  
Yurii V. Tot ◽  
Keyword(s):  
Local Government ◽  
Positive Feedback ◽  
The Other ◽  
Decisive Influence ◽  
Other Hand ◽  
New Information ◽  
The One ◽  
Definition Of

The inspection of local government in 1800, the largest ever conducted in Russia, is very modestly presented in historiography. On the one hand, this is due to the predominance of a negative tradition in the study of the epoch of Paul I despite the “new direction” laid down by M. V. Klochkov, on the other hand — due to the source base for studying the issue formed in the work of A. E. Nolde. It was A. E. Nolde, followed by V. N. Bochkarev, who had a decisive influence on the development of the historiography of the issue. In addition to the term “audit”, the established historiographical parameters include: limited funding, small number of participants in the inspection; uncertainty regarding the rights of senators; formal pattern of reports; the predominance of positive feedback in them in order to avoid the consequences of “hot-tempered nature of the monarch”; perfunctory, and therefore “inconclusive”, pattern of the inspection not providing the materials “for any general reform or reorganization of any parts of management”. We object to such interpretations of predecessors and to the definition of inspection as “audit”, to the issue with the initiator of the inspection, the reasons for its conducting, the time, the content of instruction. All of the above mentioned problems require further studying, and first and foremost — the text of the instructions, which is a key to their understanding. Reconsideration the biased assessments of the first and last all-Russian inspection of 1800 by extracting new information from traditional sources and introducing previously unknown archival materials into scientific circulation is an objective historiographical necessity.

scholarly journals The Urban Society of Kazan and the Sanitary and Environmental Problems during the Second Half of the 19th–Early 20th Centuries

2021 ◽  
Vol 163 (3) ◽  
pp. 213-225
Author(s):  
A.O. Kislenko ◽  
Keyword(s):  
Local Government ◽  
Well Being ◽  
Urban Society ◽  
Environmental Problems ◽  
The Other ◽  
Sewage Discharge ◽  
River Waters ◽  
Other Hand ◽  
The One ◽  
The City

The attitude of the Kazan community to the urban environmental and sanitary problems during the second half of the 19th–early 20th centuries was discussed. The measures taken by the local government were analyzed. Based on the administrative sources and periodicals of that time, an ambiguous reaction to the governmental measures was noticed among the residents of Kazan, as compared with a similar situation in St. Petersburg. In Kazan, the residents intermittently violated the compulsory resolutions adopted by the local government to improve the environmental and sanitary situation: they kept the latrines dirty, failed to timely clean the street areas, and discharged their household wastes in the river waters. It was revealed that the residents tended to neglect the sanitary rules because of both irresponsibility and the difficult socioeconomic situation, i.e., sewage cleaning was expensive and complicated. Interestingly, the steps undertaken by the local government are quite confusing and questionable: on the one hand, the authorities did their best to prevent littering, deforestation, and sewage discharge; on the other hand, they were eager to solve the burning sanitary problems at the expense of the ecological well-being of the city.

scholarly journals Revisiting discourse on Islam and state relation in Indonesia: the view of Soekarno, Natsir and Nurcholish Madjid

2016 ◽  
Vol 6 (1) ◽  
pp. 63 ◽  
Author(s):  
Ahmad Ali Nurdin
Keyword(s):  
Political Islam ◽  
The State ◽  
The Other ◽  
Islamic State ◽  
Way Of Life ◽  
Legal Relationship ◽  
Other Hand ◽  
The One ◽  
Secular State

This paper focuses on debates between Soekarno, Natsir and Nurcholish Madjid to whether Indonesian state should be based on Islam ideologically or not. Soekarno, was in favor of the separation between Islam and state and against the idea of a formal-legal relationship between them. In Soekarno’s belief, by separating religion from the state, it does not mean that Islamic teachings are automatically marginalized. Natsir argued against Soekarno’s idea that Islam should be separated from the state. Natsir believed that Islam is a way of life in which it not only guides Muslim peoples on ritual matter but also on worldly matters including how to manage a state. Madjid seems to propose the middle path between Soekarno and Natsir in his struggle to ‘Islamize’ Indonesia. On the one hand, Madjid opposes the idea of making Indonesia an Islamic state, and on the other hand, Madjid also refuses that Indonesian become totally a secular state. Madjid tried to develop a new format for political Islam in which substance, rather than form, serves as his primary orientations. Kajian ini berfokus pada perdebatan antara Soekarno, Natsir dan Nurcholish Madjid tentang apakah negara Indonesia harus didasarkan pada Islam ideologis atau tidak. Soekarno adalah pendukung pemisahan antara Islam dan negara dan menentang gagasan hubungan formal-legal antara keduanya. Dalam keyakinan Soekarno, dengan memisahkan agama dari negara, itu tidak berarti bahwa ajaran Islam secara otomatis terpinggirkan. Natsir menentang gagasan Soekarno bahwa Islam harus dipisahkan dari negara. Natsir percaya bahwa Islam adalah cara hidup yang tidak hanya membimbing masyarakat Muslim tentang masalah ritual tetapi juga pada hal-hal duniawi termasuk bagaimana mengelola negara. Madjid tampaknya mengusulkan jalan tengah antara Soekarno dan Natsir dalam perjuangan untuk ‘mengislamkan’ Indonesia. Di satu sisi, Madjid menentang ide menciptakan Indonesia sebagai negara Islam, dan di sisi lain, Madjid juga menolak bahwa Indonesia menjadi benar-benar sebuah negara sekuler. Madjid mencoba untuk mengembangkan format baru bagi Islam politik di mana substansi, bukan bentuk, berfungsi sebagai orientasi utamanya.

Some Question Marks of Private Law on the State-Owned Companies in Hungary

2018 ◽  
Vol 18 (2) ◽  
pp. 208-217
Author(s):  
Tekla Papp
Keyword(s):  
Local Government ◽  
Public Law ◽  
The State ◽  
The Other ◽  
Private Law ◽  
Business Associations ◽  
National Assembly ◽  
Other Hand ◽  
Private And Public ◽  
The One

Abstract The state can be an actor in Hungarian private law in several ways: on the one hand, by its organs (e.g. the Office of the National Assembly, ministries), on the other hand, by the organs of public law the state creates (e.g. budgetary organs), thirdly, through business associations operating with the participation of the state, fourthly, exceptionally, the state itself can also act as a subject of private law. In this study we call the attention to that the terminology used in case of business associations operating with state/local government participation is not sustainable and we focus on some issues where the private and public law discrepancy can be found in Hungary.

scholarly journals Marriage

2006 ◽  
Vol 78 (9) ◽  
pp. 59-73
Author(s):  
Janko Kubinjec
Keyword(s):  
Civil Law ◽  
The Other ◽  
Legal Concept ◽  
Legal Entity ◽  
Property Relations ◽  
Legal Relationship ◽  
Other Hand ◽  
Marital Agreement

Marriage is the only legal concept related to persons regulated by the civil law, since the civil law deals primarily with objects. Historically, marriage developed from the most personal type of slavery to marriage understood as freedom. By entering into the marital agreement the spouses abolish their own legal entity and all legal relations based on marriage as such. Spouses' legal entity will be reestablished at the time of termination of marriage. At the time of entering into marriage the spouses eliminate the possibility of internal legal relationship, while on the other hand, the new, specific legal relationship will be established when their children are born. The property relations are considered as a transition from marital to civil law.

scholarly journals Forbidden Visibility: Queer Activism, Shari‘a Sphere and Politics of Sexuality in Aceh

2021 ◽  
Vol 28 (2) ◽  
Author(s):  
Moch. Nur Ichwan
Keyword(s):  
Local Government ◽  
Social Movement ◽  
The Other ◽  
Same Sex ◽  
Disciplinary Power ◽  
Other Hand ◽  
Bisexual And Transgender ◽  
Cultural Forces ◽  
The One

This article aims to explain why organized queer activism emerged in Aceh, but could endure only in about six years (from 2008 to 2014). It is argued that this has mainly caused by massive expansion of ‘shari‘a spheres’ since 2001 supported by national and local government and parliament legal-political back up and societal religio-cultural forces on the one hand, and weak nature of the queer movements as counterpublics, characterized with the inadequate resources mobilization, especially in leadership and in getting support from its social movement communities during the crises on the other hand. Shari‘a, which is heteronormative, have been used as discursive and embodied disciplinary power of sexuality for normalizing and excluding the queer (including lesbian, gay, bisexual, and transgender/LGBT). Their organized visibility triggered the issuance of the Qanun Jinayah in 2014, which includes punishment for same-sex activities. It caused them to dissolve their own queer organizations.

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