scholarly journals APPLICATION OF MEDIATION FOR SETTLEMENT OF ADMINISTRATIVE DISPUTES IN UKRAINE

2021 ◽  
Vol 1 ◽  
pp. 197-204
Author(s):  
Alla Pyshna
Keyword(s):  
Legal Status ◽  
State Agency ◽  
Legal Person ◽  
Peaceful Settlement ◽  
The Status ◽  
The Subject ◽  
The Moment ◽  
The One ◽  
Administrative Proceedings ◽  
Positive Results

The need to introduce the institution of mediation in the domestic legal system is based on the positive results of the practical application of the institution of reconciliation in many countries around the world, which indicates its effectiveness. The use of an alternative, non-judicial way of resolving disputes, particularly, mediation, will provide an opportunity to solve the problem of court congestion. The article is devoted to the research of the introduction of the practice of settling administrative disputes through the mediation procedure in Ukraine. The problematic issues that need to be regulated in the legislation have been identified, that are principles and procedure for conducting mediation: from its initiation to the moment of termination; the legal status of the mediator, particularly, the conditions for acquiring the status of a mediator, the content of his rights and obligations, liability for violation of the law on mediation, as well as the categories of disputes in which it can be used. The feature of administrative proceedings is that one of the parties in the dispute is the subject of power. Thus, the feature of alternative dispute resolution, in particular mediation, in administrative proceedings is the peaceful settlement of relations between a state agency, on the one hand, and with a natural or legal person, on the other. There are several possibilities for legalization of the status of a mediator: the first is the implementation of mediation by professional independent mediators (for example, members of a professional association of mediators); the second is judicial mediation: or the settlement of a dispute with the participation of a judge. The issues of determining the categories of cases in which mediation can be used, in particular administrative disputes, remain unresolved. Resolving these issues will help expand the practice of mediation in the settlement of administrative disputes.

scholarly journals Legal Status of a Non-Profit Organization and Its Impact on the Mode of Initiating Proceedings under Art. 7 (3) of the Polish Animal Protection Act

2020 ◽  
Vol 2 ◽  
pp. 69-80
Author(s):  
Emilia Kudasik-Gil
Keyword(s):  
Legal Status ◽  
Fundamental Importance ◽  
Non Profit ◽  
Animal Protection ◽  
The Status ◽  
The Subject ◽  
Administrative Courts ◽  
Administrative Proceedings ◽  
Executive Body

The article focuses on the issue of the legal status of a non-profit organization, whose statutory purpose is to protect animals in the administrative proceedings under Art. 7 (3) of the Polish Animal Protection Act, which is the subject of discrepancy of interpretations in the jurisprudence of administrative courts. The institution of temporary collection of an animal regulated in Art. 7 (3) of the Polish Animal Protection Act is of fundamental importance for humanitarian protection of animals in Poland. In theory it consists of taking away the mistreated animal from its owner and subsequent confirmation of that fact through the administrative decision issued by the executive body of the municipality. The study deals with the problem of its legal interest in the proceedings and, as a consequence, it analyses its position as a party or entity as a party in the proceedings. Determining the status of a non-profit organization in proceedings is crucial for resolving another problem raised in the article, namely the mode in which proceeding under Art. 7 (3) of the Polish Animal Protection Act is being initiated.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

Directions of development of administrative courts’ jurisprudence in real property cases in 2020: Selected Aspects (Part I)

2021 ◽  
Vol I (I) ◽  
pp. 109-133
Author(s):  
Anna Dalkowska ◽  
Karol Rzęsiewicz
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Capital City ◽  
Official Journal ◽  
Real Property ◽  
Judicial Decisions ◽  
The Status ◽  
The Subject ◽  
Administrative Courts ◽  
Administrative Proceedings

Jurisprudence of administrative courts on various aspects of real property law is extensive and multi- faceted. The main bulk of cases concerns real properties which are subject to the reprivatisation process that, in the absence of final solutions to re-privatisation predicaments and the multi-faceted effects of the Decree of 26 October 1945 on the Ownership and Use of Land Within the Boundaries of the Capital City of Warszawa, hereinafter referred to as the “Warsaw Decree” (promulgated in the official journal “Dziennik Ustaw” of 21 November 1945, No 50, item 279), which remains in force for over seventy years, are often the subject of judicial review of administrative decisions. Administrative court rulings play a significant role in real property cases and set the directions for future decisions by public administration bodies. The analysis of judicial rulings in real property cases will be limited to selected problems, which, given differing interpretations, are the cause of discrepancies in judicial decisions in administrative courts. This paper, which is the first part of the study, covers jurisprudence on the premise of death of a party during administrative proceedings, which has an impact on the potential invalidity of a decision and its ex tunc effects as well as the status of a party in real property proceedings.

scholarly journals THE AUTHORITY OF VILLAGE CREDIT UNION AS THE SUBJECT OF LIABILITY RIGHTS

Acta Comitas ◽  
2016 ◽  
Author(s):  
I Gusti Ngurah Wairocana ◽  
Putu Gede Arya Sumerthayasa ◽  
Jeanne Wiryandani Ratmaningrum
Keyword(s):  
Credit Union ◽  
Normative Study ◽  
Legal Subject ◽  
Legal Norms ◽  
The Third ◽  
The Status ◽  
The Subject ◽  
The One ◽  
Legal Discovery ◽  
The Village

According to the Bali Provincial Regulation No. 8 concerning Village Credit Union (hereinafter referred to as LPD) Article 2 paragraph (1) states that: LPD is a village-owned financial union conducting business in the village and for the benefit of the villagers. This is confirmed by the presence of the Decision of the Third Big Meeting by Village Assembly (MDP) Bali No. 009 / SK-PA III / MDP Bali /Vffl /2014 Article I paragraph (1), namely, the Village Credit Union is one of the possessions of the village. This type of research used in this thesis is a normative study. Normative study is the one that examines the level of legal norms, finding the non-existence of the LPD status as a legal subject of liability rights, so there is a legal vacuum in which the status of the LPD as the subject of a liability rights is not stipulated in the legislation and these problems will be a legal discovery. LPD is the possession of the village, so LPD cannot be the legal subject of liability right because the village itself has not been the subject of law. So the security liability agreement made by LPD is invalid because it does not qualify his legitimate agreements written in Article 1320 paragraph (4) of Civil Code regarding lawful cause or legal cause.

scholarly journals The referendum - between freedom and constitutionality

2018 ◽  
pp. 32-40
Author(s):  
VIRGINIA VEDINAȘ
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Central Issue ◽  
Basic Law ◽  
The Subject ◽  
The One

The study aims to analyze the legal status of the referendum in general and, in particular, of the one organized by the President under Art. 90 of the Constitution and by the local public administration authorities, according to the principle of consulting the population in solving particular problems of local interest. The central issue, which goes as a “red thread”, our approach, reffers to the issues that can be the subject of the two types of referendum and how “free” are the subjects of law that initiate them in determining the sphere of issues that are the subject of this sphere. The conclusion we have reached is that such freedom is not unlimited, that it stops where the Constitution says, and the fundamental principles it enshrines, being unable to be the subject of a referendum, national or local, issues forbidden by the Basic Law.

scholarly journals Syn i ojciec w „Bojaźni i drżeniu” Sørena Kierkegaarda

2018 ◽  
Vol 2 (1) ◽  
pp. 213-220
Author(s):  
Marta Szabat
Keyword(s):  
Old Testament ◽  
Ethical Dilemmas ◽  
The Other ◽  
Modern World ◽  
Other Hand ◽  
Fear And Trembling ◽  
The Status ◽  
The Subject ◽  
Book Of Genesis ◽  
The One

This article concerns events of the Old Testament – Yahweh commands Abraham to sacrifice his only son – Isaac – on Mount Moriah. This passage from the Old Testament, from the Book of Genesis, became the basis of Søren Kierkegaard’s considerations in Fear and Trembling. In the text I refer to, on the one hand, Kierkegaard’s considerations, while on the other hand I try to identify other possible interpretive tropes that could be useful, for example, during classes on the subject of faith or the status of ethical dilemmas in the modern world.

scholarly journals DISCUSSION ON THE STATE AND LEGAL STATUS OF THE CRIMEAN ASSR (1921–1945)

2021 ◽  
Vol 7 (73) (3) ◽  
pp. 133-148
Author(s):  
V. V. Kharabuga ◽  
V. A. Afanasyev
Keyword(s):  
Legal Status ◽  
Political Conflict ◽  
Convincing Evidence ◽  
Point Of View ◽  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
The Status ◽  
Long Time ◽  
Historical Basis ◽  
The One

For a long time, Crimea has been the place of a permanent ethnopolitical political conflict controlled from the outside, one of the components of which is the confrontation between the Russians, as an ethnic group and the other Slavic population of Crimea, on the one hand, and the Tatars of Crimea, on behalf of whom the extremist banned in Russia is trying to speak structure «kurultai-mejlis». The argumentation of the hypothesis designed to confirm the myth about the national (Tatar) character of the Crimean ASSR is presented. The analysis of argumentation suggests that the hypothesis is not supported by convincing evidence. More weighty should be considered the point of view that the Crimean Autonomous Soviet Socialist Republic in 1921–1945. was multinational-territorial autonomy. The discussion in Ukraine of the topic of changing the status of Crimea, turning it into national Tatar autonomy is carried out by the leaders and functionaries of the extremist organization «kurultai-mejlis» in the framework of the anti-Russian propaganda flow controlled from abroad and exploits the analyzed myth as the historical basis of its claims.

The function and evasion of marriage fines on a fourteenth-century English manor

1999 ◽  
Vol 14 (2) ◽  
pp. 169-190 ◽  
Author(s):  
MIRIAM MÜLLER
Keyword(s):  
Good Deal ◽  
Theory And Practice ◽  
The Other ◽  
Black Death ◽  
Economic Changes ◽  
The Status ◽  
The Subject ◽  
Financial Disincentives ◽  
The One ◽  
The Individual

Since Vinogradoff described merchet payments as ‘the most odious’ of the numerous manorial exactions for which villein tenants were liable, the fine for marriage, classically defined as a levy due from the villein upon the marriage of his daughter, has received a good deal of attention from historians. Although the issue of marriage licences has accordingly been tackled from various perspectives, in recent years the subject at the heart of a number of contributions to the topic was the question of seigneurial control. In tackling this matter, one has to ask what kind of control a manorial lord could or would want to exercise over the matters of matrimony of his social inferiors.An important contribution to the debate was provided in 1979 by Eleanor Searle. A key element in her argument was that marriage licences essentially constituted a tax on the chattels taken as dowry by the bride into her marriage, and as such were not universally enforced. Further, in her view merchet did not so much constitute a test of the status of the individual as one of tenure. At the same time she argued that merchets could be used by the lord to vet prospective marriage partners and thus control the transfers of tenant property lest the latter should slip into freehold tenure. By imposing financial disincentives, merchets, it was argued, also encouraged endogenous marriages. Richard Smith, while arguing that the rates of licences to marry were unlikely to reflect a proportional tax on dowries, nevertheless showed that merchets were not universally exacted and tended to fall predominantly upon richer tenants. Thus he took issue with R. Faith, who in a rejoinder to Searle's contribution suggested that the marriage licence constituted a tax on the marriage itself and was as such universally exacted.In order to consider these problems and test some of the propositions that have been made, this study aims to examine the practice of seigneurial exaction and hence the function of marriage licences, on the one hand, and the relevance and nature of tenant evasion of merchet payments on the other, on one manor from 1330 to 1377. Changes in seigneurial policy towards merchet payments will be analysed and placed in the wider context of the demographic and socio-economic changes affecting manorial life in this period. Within this framework three intertwined aspects of the licence to marry will be examined. First, focusing on the question of which tenants were liable to pay merchets and what constituted the criteria for this liability, the theory and practice of merchet exaction will be considered. Secondly the reasons for the lord's interest in the marriages of his tenants in conjunction with the routes open to him to influence villein marriages to his advantage will be explored. Thirdly the extent and consequences of tenant evasion of merchet fines will be assessed, whilst the clash between lord and tenant over marriage fines will be viewed in the wider context of lord–tenant friction, especially in the post-Black Death period. Central to this discussion, the role and importance of women in this particular act of non-compliance will be examined.

Rethinking the Political: Some Heideggerian Contributions

1990 ◽  
Vol 52 (4) ◽  
pp. 524-552
Author(s):  
Fred Dallmayr
Keyword(s):  
Political Development ◽  
Recent Literature ◽  
World Order ◽  
Political Community ◽  
The Political ◽  
Nazi Ideology ◽  
Political Agent ◽  
The Status ◽  
The Subject ◽  
The One

Recent literature on Heidegger concentrates heavily on his (temporary) involvement in or collusion with Nazi ideology and policies. Without belittling the gravity of the issue, this article shifts the focus somewhat by invoking a distinction which recently has emerged (or reemerged) in political thought: namely, the distinction between “politics” and “the political” or between politics viewed as partisan ideology or policy making, on the one hand, and politics seen as regime or paradigmatic framework, on the other. The main thesis of the article is that Heidegger's promising contributions to political theory are located on the level of ontology or paradigmatic framework rather than that of ideological partisanship. While not neglecting the dismal intrusions of the latter plane, the article probes Heideggerian cues for a “rethinking of the political” by placing the accent on four topical areas: first, the status of the subject or individual as political agent; second, the character of the political community, that is, of the polity or (in modern terms) the “state”; thirdly, the issue of cultural and political development or modernization; and finally, the problem of an emerging cosmopolis or world order beyond the confines of Western culture. In discussing these topics, an effort is made to disentangle Heidegger from possible misinterpretations and to indicate how, in each area, his thought pointed in the direction of an “overcoming” of Western political metaphysics.

The Symbolism of Subversion: Notes on Some Cold War Icons

1972 ◽  
Vol 6 (2) ◽  
pp. 165-179 ◽  
Author(s):  
Allen Weinstein
Keyword(s):  
World War Ii ◽  
Cold War ◽  
The Political ◽  
World War ◽  
Cultural Impact ◽  
Large Numbers ◽  
The Status ◽  
The Subject ◽  
The Moment ◽  
The Cold War

‘Ours is an era of “cases”,’ Diana Trilling wrote several years ago, ‘starting with the Sacco-Vanzetti case in the 1920s, proceeding through the Hiss and Oppenheimer cases to the Rosenberg case, the Chessman case, the Eichmann case, and [the subject of Mrs Trilling's essay]…culminating…in the Profumo case.’ We could add several since then, of course, and her chronology is misleading – the Rosenbergs having followed Hiss but preceded Oppenheimer – but Mrs Trilling's point, that such cases and others provoked within their society basic ‘confrontation(s) between opposing social principles’, remains valid. The Hiss, Rosenberg and Oppenheimer episodes were American society's most controversial post-World War II security cases. Each in turn dramatized the political and cultural impact of the Cold War for large numbers of Americans. They serve as useful paradigms, when examined together, for studying the process by which complex problems of evidence are reduced to compelling images of an event. Almost from the moment the ‘facts’ emerged in each case they congealed, first into partisan accounts and then into minor mythologies, in which each case became the subject-matter for a simple morality tale. Alger Hiss and Whittaker Chambers, Julius and Ethel Rosenberg, Robert Oppenheimer, and the supporting caste in each drama achieved, in their own time, the status of icons in the demonologies and hagiographies of the opposing camps. Looking recently through the dreary record of trials and hearings connected with security problems during the Truman-Eisenhower era, I found certain continuities in the appraisal by intellectuals and politicians of these three otherwise singular episodes.

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