scholarly journals IMPROVEMENT OF WEAPON CIRCULATIONS REGULATORY MEASURES IN THE CONTEXT OF ENSURING CONSTITUTIONAL RIGHTS AND FREEDOMS OF UKRAINIAN CITIZEN

2021 ◽  
Vol 1 (1) ◽  
pp. 100-106
Author(s):  
Mykola Komissarov ◽  
◽  
Natalia Komissarova ◽  
Keyword(s):  
Criminal Code ◽  
The State ◽  
National Standards ◽  
The Other ◽  
Constitutional Rights ◽  
National Legislation ◽  
Normative Documents ◽  
European Experience ◽  
Regulatory Measures ◽  
Expert Study

This article addresses problematic issues of circulation, classification, and expert study of weapons. Approaches to lawmaking are offered to regulate the circulation of weapons in the country taking into account an essential understanding of such a heritage of human civilization as a weapon. Criteria that might become a matrix in creating and improving weapons circulation legislation are considering and analysis of available legal and regulatory framework in the area of administrative and criminal laws ensuring this activity in Ukraine is conducted. Ukrainian Criminal Code statutes are analyzed in details which on one hand protect citizens from illegal attempts using weapons and on the other hand make it impossible for law-abiding citizens to realize provisions of the Ukrainian Constitution regarding the defense of their own life and health, life and health of others from illegal attempts which could happen if such norms will be violated. Ukrainian national legislation problematic aspects in the area of the circulation of objects with firearm features and consequences for the nation are researched. Based on the analysis of weapon circulation experience, ways of improving national legal acts that regulate the circulation of similar products in Ukraine are offered. The normative documents that regulate the order of circulation in Ukraine of products with the characteristics of firearms, which the manufacturer classifies as devices of household, sports and special purpose, are analyzed. The basic requirements for alarming and signaling weapons, as well as starting pistols and revolvers by national standards and methods of ballistic examination are considered. The problematic aspects of the Ukrainian national legislation in the sphere of circulation of firearms objects and their consequences for the state are investigated. On the basis of the analysis of the European experience in regulating the circulation of alarm and signal weapons, ways of improving the national legal acts regulating the circulation of similar products in Ukraine have been proposed.

scholarly journals THE RECOVERY OF CONSTITUTIONAL LOSSES BY THE CONSTITUTIONAL COURT

2020 ◽  
Vol 2 (2) ◽  
pp. 126-139
Author(s):  
Novan Mahendra Pratama
Keyword(s):  
Research Methods ◽  
Research Method ◽  
State Power ◽  
The State ◽  
The Other ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Rights ◽  
Laws And Regulations

The Constitutional Court's decision does not necessarily lead to the restoration of constitutional rights. This will be interesting to be examined because the state, in this case represented by the Constitutional Court, can only recover the constitutional losses suffered by citizens if it issues a decision. However, there are also citizens who still feel that their losses have not been recovered by the issuance of this decision. Then how can the Constitutional Court recover such constitutional losses by still referring to the constitution and laws and regulations? This research method uses normative research methods. The results of this study indicate that the Constitutional Court decisions do not always lead to the restoration of the constitutional rights of the injured citizens. Then what are the other ways to recover the constitutional losses still experienced by citizens. This constitutional loss really needs to be restored because its existence is guaranteed in the constitution and all branches of state power are obliged to respect it by not committing violations even to the point of loss

scholarly journals STARTING PISTOLS AND REVOLVERS: LEGAL REGULATION OF CIRCULATION AND FORENSIC ANALYSIS

2021 ◽  
Vol 74 (1) ◽  
pp. 122-132
Author(s):  
Mykola Komissarov ◽  
◽  
Oleksiу Sokolov ◽  
Keyword(s):  
Legal Regulation ◽  
Forensic Analysis ◽  
National Standards ◽  
Expert Evaluation ◽  
Forensic Investigation ◽  
Normative Documents ◽  
European Experience ◽  
The World ◽  
History Of ◽  
Illicit Trafficking

The article deals with the problematic issues of circulation and expert research of products, which are classified by the manufacturer as alarming and signaling weapons, as well as starting pistols and revolvers. The history of origin, evolution and distribution of these objects of ballistic origin in Ukraine and in the world is reviewed. The experience of expert practice of forensic investigation of these devices in the units of the Expert Service of the Ministry of Internal Affairs of Ukraine is analyzed and its comparison with the experience of expert evaluation of these products by employees of expert institutions of the Ministry of Justice of Ukraine. A detailed study of the design features of the most common samples of firearms made by processing products classified by the manufacturer as alarms and alarms, as well as starting pistols and revolvers. Ways to make changes in their design of inverse and irreversible changes in order to bring into a state suitable for firing kinetic projectiles. The methods used by forensic experts in forensic investigation and testing of objects with firearms not classified by the manufacturer for household, sports and special purpose products are described in detail. Examples of illicit trafficking, distribution and use of these products as firearms during the commission of crimes are given. The normative documents that regulate the order of circulation in Ukraine of products with the characteristics of firearms, which the manufacturer classifies as devices of household, sports and special purpose, are analyzed. The basic requirements for alarming and signaling weapons, as well as starting pistols and revolvers by national standards and methods of ballistic examination are considered. The problematic aspects of the Ukrainian national legislation in the sphere of circulation of firearms objects and their consequences for the state are investigated. On the basis of the analysis of the European experience in regulating the circulation of alarm and signal weapons, ways of improving the national legal acts regulating the circulation of similar products in Ukraine have been proposed.

scholarly journals Pro-Kontra Kewenangan Mahkamah Konstitusi dalam Menguji Undang-Undang yang Mengatur Eksistensinya

2016 ◽  
Vol 12 (4) ◽  
pp. 795
Author(s):  
Tanto Lailam
Keyword(s):  
Rule Of Law ◽  
Government Regulation ◽  
The State ◽  
The Other ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Rights ◽  
Other Hand ◽  
Rule Breaking

The Pro’s – Con’s of the Constitutional Court in the review of law in a regulated of the authority, since, it was a conflicting of procedural principles between “ius curia novit” with “nemo judex idoneus in propria causa”. Morever, the background by implication of Constitutional Court decisions, sometimes Constitutional Court making a “rule breaking”,  for examples: nullify of some of law if had reduction of  the authority, addition of constitutional authority to review of law before the 1945 Constitution amendment, additional authority to review of Government Regulation in lieu of law, and used non-constitution as a standard in the formal review, and others. On the other hand, the Constitutional Court also sometimes to choose a   legal logic doesn’t precise and anti-accountability principle. The Conflicts of the procedural principles can  be  resolved  by  understanding  philosophy  of  purposes of law (justice value, legal certainly, utility principle), so that, the Court will have been prioritizing to “ius curia novit” principle and it ignored “nemo judex idoneus  in propria causa”principle, it is intended that the enforcement of the constitution (values) and the state of the Indonesian rule of law, as well as for the Court to aims decided of constitutional issues and to aim the protection of constitutional rights.

scholarly journals CURRENT STATE OF ADMINISTRATIVE AND LEGAL REGULATION OF PENSION PROVISIONS OF PERSONS DISMISSED FROM MILITARY SERVICE

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Tatiana P. Makarova ◽  
Keyword(s):  
Military Service ◽  
Social Protection ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Rights ◽  
Administrative Services ◽  
Normative Documents ◽  
Legal Norms ◽  
Current State ◽  
The Right

This article is devoted to the study of the current state of administrative and legal regulation of pensions of persons discharged from military service. The analysis of acts of the legislation of Ukraine, which regulate administrative and legal relations in the field of pension provision of the persons discharged from military service, in particular appointment and recalculation of pensions is carried out. The organizational and legal mechanism for ensuring and fulfilling Ukraine�s obligations regarding the constitutional rights to pensions of persons discharged from military service, as well as ways to improve it, is revealed. Problematic issues that arise in persons discharged from military service when applying to the competent authorities for the issuance of certificates confirming the right to a pension, and which confirm the right to recalculation of pensions. Problems when such persons apply to the bodies of the Pension Fund of Ukraine with applications for appointment and/or recalculation of pensions are also analysed. The causes of problems for persons discharged from military service regarding the appointment and/or recalculation of pensions are being studied, provided that a large number of normative documents are adopted by the state to regulate these issues. The urgency of the study lies in the need to regulate national legislation in the field of implementation of constitutional rights to pensions of persons discharged from military service in accordance with the concept of administrative and legal reform in Ukraine. This study substantiates the need to create and adopt a codified act � the Pension Code of Ukraine, which will promote the effectiveness of administrative and legal norms in the field of social protection of persons, including persons discharged from military service. The following editions were made during the writing of the articles. Public administration in the field of social and pension provision provides for the implementation of administrative procedures through open public activities, the use of clear legal instruments of democratic governance, streamlining public activities and providing administrative services to citizens to help realize their rights and freedoms. The norms formed within the framework of administrative law within the framework of the greatest development of the state-centric approach today play the role of a synergizing catalyst for the formalization of legal norms in various socio-economic spheres. The emergence of a new system of Ukrainian law on the division in accordance with the use, as a science, areas of law and practical law enforcement activities is now fully consistent with modern realities.

scholarly journals KEMERDEKAAN MENYAMPAIKAN PENDAPAT DIMUKA UMUM SEBAGAI MAKAR MENURUT KUHP

2019 ◽  
Vol 4 (2) ◽  
pp. 205
Author(s):  
Fanny Fauzie
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
The State ◽  
Penal Code ◽  
The Other ◽  
Criminal Offense ◽  
State Security ◽  
Depth Study ◽  
The Government ◽  
Library Method

<p><em>KUHP (Penal Code Of Indonesia) is a positive Indonesian criminal law regulation which in its history, came from the Wetboek van Strafrecht voor Nederlandsch Indie (WvSNI) which contains about the crimes against the security of the state as regulated in the sub first chapter of the KUHP itself. Van Toelichting’s Memorie mentioned that treason is a translation of the Aanslag, which, if paired into English, can be interpreted as an attempt or attack. According to 87th Article of the Criminal Code, if treason has commenced according to Article 53th of the Criminal Code (Trial), on the other hand, there is a The1945 Constitution which is a Grundnorm that guarantees the freedom to express opinions that publicly as in 28th E Article, 3rd paragraph. And also, regulated explicitly in 39th Law Number, the year 1999 about expressing opinions in public, so if referring to treason as an experiment as Article 53 of the Criminal Code, it would prevent anyone from criticizing by communicating and issuing opinions. If the notice was addressed to the government by saying the current government is not good and must be replaced, the presence of the 87th Article about the Criminal Code certainly experiments intention. And the crimes against state security are also referred to as political offenses, to determine the suspects in this political offense, an in-depth study must be carried out, so this is the reason why the writing is carried out. The typology of the research used is the normative juridical (doctrinal) library method. So in this study, we can see whether it is appropriate if the criminal offense of this treason can be applied as the 87th Article about Criminal Code without interpreting the betrayal as an aanslag or attempt or an attack connected to the existence of Guarantees in Delivering Opinions.</em><em></em></p>

From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland

2016 ◽  
Vol 6 (2) ◽  
pp. 118-135
Author(s):  
Lucia Della Torre
Keyword(s):  
General Rule ◽  
The State ◽  
The Other ◽  
Specific Field ◽  
Widespread Phenomenon ◽  
Judicialization Of Politics ◽  
The Uk ◽  
Migration Law

Not very long ago, scholars saw it fit to name a new and quite widespread phenomenon they had observed developing over the years as the “judicialization” of politics, meaning by it the expanding control of the judiciary at the expenses of the other powers of the State. Things seem yet to have begun to change, especially in Migration Law. Generally quite a marginal branch of the State's corpus iuris, this latter has already lent itself to different forms of experimentations which then, spilling over into other legislative disciplines, end up by becoming the new general rule. The new interaction between the judiciary and the executive in this specific field as it is unfolding in such countries as the UK and Switzerland may prove to be yet another example of these dynamics.

A Note on Mandela v Executors, Estate Nelson Mandela 2018 (4) SA 86 (SCA) and the Conundrum around the Customary Marriage between Nelson and Winnie Mandela

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Sipho Stephen Nkosi
Keyword(s):  
Supreme Court ◽  
The State ◽  
The Other ◽  
Customary Law ◽  
Eastern Cape ◽  
High Court ◽  
Nelson Mandela ◽  
The Supreme Court ◽  
Court Of Appeal

The note is about the appeal lodged by the late Mrs Winnie Madikizela-Mandela to the SCA against the decision of the Eastern Cape High Court, Mthatha, dismissing her application for review in 2014. In that application, she sought to have reviewed the decision of the Minister of Land Affairs, to transfer the now extended and renovated Qunu property to Mr Mandela and to register it in his name. Because her application was out of time, she also applied for condonation of her delay in making the application. The court a quo dismissed both applications with costs, holding that there had been an undue delay on her part. Mrs Mandela then approached the Supreme Court of Appeal, for special leave to appeal the decision of the court a quo. Two questions fell for decision by the SCA: whether there was an unreasonable and undue delay on Mrs Mandela’s part in instituting review proceedings; and whether the order for costs was appropriate in the circumstances of the case. The SCA held that there was indeed an unreasonable delay (of seventeen years). Shongwe AP (with Swain, Mathopo JJA, Mokgothloa and Rodgers AJJA concurring) held that the fact that there had been an undue delay does not necessarily mean that an order for costs should, of necessity, particularly where, as in this case, the other litigant is the state. It is the writer’s view that two other ancillary points needed to be raised by counsel and pronounced on by the Court: (a) the lawfulness and regularity of the transfer of the Qunu property to Mr Mandela; and (b) Mrs Mandela’s status as a customary-law widow—in relation to Mr Mandela.

Dukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHPDukungan Legislatif Dalam RUU KUHP Untuk Pemberantasan Korupsi: Pro dan Kontra Tindak Pidana Korupsi dalam RUU KUHP

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1721
Author(s):  
Muhammad Aziz Syamsuddin
Keyword(s):  
United Nations ◽  
Criminal Code ◽  
The Other ◽  
Deterrent Effect ◽  
United Nations Convention ◽  
Legislative Support ◽  
The Law ◽  
Shared Commitment ◽  
Crime Of Corruption

AbstractThe spirit of the eradication of corruption is running continually. Various efforts or strategies were arranged to sharpen the power of corruptions’ eradication. One of the strategies is legislation support or comprehend and effective legislation. It was proved by the enactment of Law No. 28 of 1999 on State Implementation of Clean and Free from Corruption, Collusion and Nepotism and also Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Corruption Eradication. The other related legislation such as Law No. 30 of 2002 on Corruption Eradication Commission and the Law 8 of 2010 on the Prevention and Eradication of Money Laundering.  Those Supporting legislations show that there is a shared commitment to eradicate corruption. Indonesia has also ratified the UNCAC (United Nations Convention against Corruption) by Law No. 7 of 2006 on the UN Convention (United Nations) Anti-Corruption. Support legislation is expected to provide a deterrent effect for offenders and protecting the rights of citizens has a whole. Keywords: Legislative Support, Criminal Code Draft, Eradication, Crime of Corruption, Pros and Cons    AbstrakSemangat pemberantasan tindak pidana korupsi terus bergulir. Berbagai upaya atau strategi dibangun untuk mempertajam kekuatan pemberantasan korupsi. Salah satunya adalah dengan dukungan legislasi atau peraturan perundang-undangan yang komprehensif dan efektif. Dibuktikan dengan lahirnya Undang-Undang No. 28 Tahun 1999 tentang Penyelenggaraan Negara yang Bersih dan Bebas dari Korupsi, Kolusi, dan Nepotisme dan Undang-Undang No. 31 Tahun 1999 sebagaimana diubah dengan Undang-Undang No. 20 Tahun 2001 tentang Pemberantasan Tindak Pidana Korupsi. Adapun undang-undang terkait lainnya seperti UU No. 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi dan UU No. 8 Tahun 2010 tentang Pencegahan dan Pemberantasan Tindak Pidana Pencucian Uang. Dukungan legislasi tersebut menunjukkan adanya komitmen bersama untuk memberantas tindak pidana korupsi. Indonesia juga  telah meratifikasi UNCAC (United Nations Convention Against Corruption) dengan UU No. 7 Tahun 2006 tentang Konvensi PBB (Perserikatan Bangsa-Bangsa) Anti Korupsi. Dukungan legislasi ini diharapkan memberikan efek jera bagi pelaku sekaligus melindungi hak-hak warga negara secara keseluruhan. Kata Kunci: Dukungan Legislatif, RUU KUHP, Pemberantasan, Tindak Pidana Korupsi, Pro dan Kontra

The Principles of Zakat and Tax Upon the Time of Rasulullah SAW.

2017 ◽  
Vol 1 (1) ◽  
pp. 90
Author(s):  
Dian Septiandani ◽  
Abd. Shomad
Keyword(s):  
Literature Review ◽  
Economic Thought ◽  
The State ◽  
The Other ◽  
Primary Data ◽  
Other Hand ◽  
Islamic Economic ◽  
General Expense

Zakat is one of principal worship requiring every individual (<em>mukallaf</em>) with considerable property to spend some of the wealth for zakat under several conditions applied within. On the other hand, tax is an obligation assigned to taxpayers and should be deposited into the state based on policies applied, with no direct return as reward, for financing the national general expense. In their development, both zakat and tax had quite attention from Islamic economic thought. Nevertheless, we, at first, wanted to identify the principles of zakat and tax at the time of Rasulullah SAW. Therefore, this study referred to normative research. The primary data was collected through library/document research and the secondary one was collected through literature review by inventorying and collecting textbooks and other documents related to the studied issue.

MECHANISMS FOR IMPLEMENTATION OF ENVIRONMENTAL TAXES AND INSURANCE

2018 ◽  
Vol 1 (13) ◽  
pp. 121-130
Author(s):  
Anatolii Petrovich Mykolaiets
Keyword(s):  
Political System ◽  
Production Management ◽  
National Level ◽  
The State ◽  
Social Representation ◽  
The Other ◽  
Environmental Taxes ◽  
The Political ◽  
Local Authorities ◽  
Natural Form

It is noted that from the standpoint of sociology, “management — a function of organized systems of various nature — (technical, biological, social), which ensures the preservation of their structure, maintaining a certain state or transfer to another state, in accordance with the objective laws of the existence of this system, which implemented by a program or deliberately set aside”. Management is carried out through the influence of one subsystem-controlling, on the other-controlled, on the processes taking place in it with the help of information signals or administrative actions. It is proved that self-government allows all members of society or a separate association to fully express their will and interests, overcome alienation, effectively combat bureaucracy, and promote public self-realization of the individual. At the same time, wide direct participation in the management of insufficiently competent participants who are not responsible for their decisions, contradicts the social division of labor, reduces the effectiveness of management, complicates the rationalization of production. This can lead to the dominance of short-term interests over promising interests. Therefore, it is always important for society to find the optimal measure of a combination of self-management and professional management. It is determined that social representation acts, on the one hand, as the most important intermediary between the state and the population, the protection of social interests in a politically heterogeneous environment. On the other hand, it ensures the operation of a mechanism for correcting the political system, which makes it possible to correct previously adopted decisions in a legitimate way, without resorting to violence. It is proved that the system of social representation influences the most important political relations, promotes social integration, that is, the inclusion of various social groups and public associations in the political system. It is proposed to use the term “self-government” in relation to several levels of people’s association: the whole community — public self-government or self-government of the people, to individual regions or communities — local, to production management — production self-government. Traditionally, self-government is seen as an alternative to public administration. Ideology and practice of selfgovernment originate from the primitive, communal-tribal democracy. It is established that, in practice, centralization has become a “natural form of government”. In its pure form, centralization does not recognize the autonomy of places and even local life. It is characteristic of authoritarian regimes, but it is also widely used by democratic regimes, where they believe that political freedoms should be fixed only at the national level. It is determined that since the state has achieved certain sizes, it is impossible to abandon the admission of the existence of local authorities. Thus, deconcentration appears as one of the forms of centralization and as a cure for the excesses of the latter. Deconcentration assumes the presence of local bodies, which depend on the government functionally and in the order of subordination of their officials. The dependency of officials means that the leadership of local authorities is appointed by the central government and may be displaced.

Sign in / Sign up

Export Citation Format

Share Document