scholarly journals The procedural component of legal liability

2018 ◽  
Vol 83 (4) ◽  
pp. 11-18
Author(s):  
L. I. Kalenichenko ◽  
D. V. Slynko
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Public Law ◽  
The State ◽  
State Agencies ◽  
Private Law ◽  
Procedural Law ◽  
The Law ◽  
Lawful Conduct ◽  
Procedural Basis

The procedural component of legal liability has been determined and analyzed. It has been proved that, first, legal liability arises only if there are necessary grounds, including the procedural basis; and secondly, the procedure for bringing to legal liability is determined by the norms of procedural law; thirdly, legal liability is implemented through the law-enforcement activities of the state. It has been substantiated that the fact of the possibility to bring the relevant subject to liability (in private relations) with the help of state agencies affects the awareness of the subject of liability and induces him to voluntarily “take and bear” legal liability. Private liability is realized indirectly through the law-enforcement activity of the state and forms the marginal type of lawful conduct. Attention has been paid to the fact that, unlike public law branches, it is sometimes sufficient to have two grounds (regulatory and factual) in private law branches to bring to justice and to induce legal liability. It has been emphasized that the process of the realization of liability in private law differs from the process of its implementation in public law. However, bringing to liability both in public and in private law is regulated by procedural norms and is implemented within the framework of procedural relations that serve as a form of relations of legal liability.

scholarly journals Minorities, Territories and the Law of Ownership. Back to Basics and the Way Forward

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Francesco Palermo
Keyword(s):  
International Law ◽  
Minority Group ◽  
Public Law ◽  
The State ◽  
Nation State ◽  
Private Law ◽  
Limited Role ◽  
The Law ◽  
Point Of Reference ◽  
The Way

In public law, the concept of property plays, arguably, a much more limited role than in private law. At a closer look, however, a rather different picture emerges. In fact, in public (national and international) law, property is less (if at all) regulated, but not less important than in private law. Rather, it is implicitly assumed and developed in collective rather than individual terms. Especially in the nation state construct, territory is the property of a state and the state is the property of a group of people (the dominant nation), whose power to control a territory is called sovereignty. For this reason, when the question emerges of how to deal with a territory predominantly inhabited by a minority group, the answers by different actors involved might be diametrically opposite. This is essentially because the link between people and territory is always framed in terms of ownership: who “owns” a territory? And how to deal with those who inhabit the territory without (being seen as those) owing it? This essay explores the responses to such questions. The focus will be on challenges posed by autonomy regimes as instruments for the accommodation of minority issues, including the evolving concept of territory. Against this background, the different understandings of the link and the recent practice of selected international bodies will be analysed, leading to some concluding remarks. It will be argued that territory is an unavoidable point of reference, but many aspects are not sufficiently addressed, such as the issue of the addressees of such arrangements, the evolution that minority-related concepts are facing in the present era, marked by the challenge of diversity and the overall understanding of territorial arrangements.

scholarly journals Ganti Kerugian dan Rehabilitasi Bentuk Perlindungan Terhadap Korban Tindak Pidana dan Korban Proses Penegakan Hukum di Indonesia

2020 ◽  
Vol 2 (1) ◽  
pp. 68
Author(s):  
Haeranah Haeranah ◽  
Amriyanto Amriyanto
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
The State ◽  
Judicial System ◽  
Procedural Law ◽  
The Future ◽  
Victims Of Crime ◽  
The Law

This research and analysis is interesting because the author divides victims into 2 (two) forms, namely, general victims of law enforcement processes and crimes. Compensation and rehabilitation are the rights of victims that the state must enforce through legal means. This research is a normative research through a conceptual and statutory approach and the legal materials obtained are analyzed in an explanatory-deductive. The results indicate that the normative aspects of the balance of regulations related to compensation and rehabilitation for victims of the law enforcement process and victims of crimes in the Indonesian judicial system are still partial, so that its realization still requires criminal procedural law, law civil procedural or a combination of the two, as well as through state administrative law facilities, especially rehabilitation. We note several shortcomings and weaknesses in the use of legal means in this document. the form of compensation for the victim is in cash, while rehabilitation is in the form of restoring the good name, dignity and respect. The mechanisms and procedures for enforcing compensation and rehabilitation for victims still need to be simplified in order to realize the rights of victims of crime and victims of a balanced law enforcement process in the future.

The Codification of Civil Law and the Law of Torts

1990 ◽  
Vol 24 (3-4) ◽  
pp. 628-650 ◽  
Author(s):  
Aharon Barak
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Civil Law ◽  
Public Law ◽  
The State ◽  
Private Law ◽  
Legislative Authority ◽  
The Supreme Court ◽  
Judicial Lawmaking ◽  
The Law

From the establishment of the State until the present day, two quiet “revolutions” have occurred in Israeli law — thefirstin the area of public law, and thesecondin the area of private law. In public law we have witnessed the incorporation of a functional constitution — partly in the form of the Basic Laws, prescribed by the Knesset as constitutive authority; and partly through the consolidation of human rights, the handiwork of the Supreme Court engaged in judicial lawmaking. In private law we have witnessed the coalescing of a civil codification — mainly the product of the Knesset as legislative authority with judicial lawmaking “between the cracks” of the legislation.

Trust the State: the relevance of principles of public law in trust law and practice

2019 ◽  
Vol 25 (8) ◽  
pp. 841-848
Author(s):  
Toby Graham ◽  
Thomas Beasley
Keyword(s):  
Decision Making ◽  
Common Ground ◽  
Public Law ◽  
The State ◽  
Decision Makers ◽  
Private Law ◽  
Public And Private ◽  
Natural Justice ◽  
The Law ◽  
Trust Law

Abstract Lord Walker, in Futter and Pitt v HMRC1, noted that there are “superficial similarities between what the law requires of trustees in their decision-making and what it requires of decision-makers in the field of public law.” We examine these similarities under the following headings: (1) natural justice; (2) the application of Wednesbury unreasonableness to trust law (an area in which there is far more common ground between public and private law than natural justice); and (3) the decision in Braganza v BP Shipping Limited2 and how this has been subsequently applied. We suggest that the similarities go beyond merely superficial and that public law principles are having an inexorable impact on trust law and practice.

Die Strafrechtsphilosophie von Karl Christian Friedrich Krause

2020 ◽  
Vol 28 (1) ◽  
pp. 135-150
Author(s):  
Claus Dierksmeier ◽  
Joachim Renzikowski
Keyword(s):  
Law Enforcement ◽  
Public Law ◽  
The State ◽  
Penal Law ◽  
The Law

Karl Friedrich Christian Krause’s concept of penal law, though little noticed in Germany, can be regarded as almost revolutionary for its time, as it assumes that public law is not only – negatively – intended to delimit and guarantee the citizens’ spheres of freedom. Rather, the law should also promote the welfare of the citizenry. As a result, Krause’s considerations of penal law do not focus on law enforcement alone, but just as much on the resocialization of both the offender and the victim. In contrast to utilitarian positions, the perpetrator must not be instrumentalized for the benefit of society, e. g. for preventative purposes; rather, the offender has a subjective right to be rehabilitated. Correspondingly, the victim has a right to compensation on the part of the state inasmuch as the offender’s means prove insufficient.

scholarly journals Private and public law: mordern views on the problem of defenition and division

2016 ◽  
Vol 3 (3) ◽  
pp. 103-110
Author(s):  
V V Guryanova
Keyword(s):  
Rule Of Law ◽  
Public Law ◽  
The State ◽  
Behavior Model ◽  
Private Law ◽  
International Level ◽  
Objective Criterion ◽  
The Rule Of Law ◽  
Private And Public ◽  
The Law

In the article is considered the interest in the norm of law as objective criterion of the division of the law to private and public. Author proposes to determine these areas of law in the following way. Public law is complex of the rule of law which governs the behavior model of subjects for the implementation and protection of the state, national, international interests. Private law is complex of the rule of law which establish the model of behavior of subjects in order to implementation and protect the interests of individuals and organization, not only at national but also at international level.

REVIEW ON THE E.A. IVANOVA’S BOOK “AGREEMENTS IN THE FIELD OF CIVIL JURISDICTION: PROCEDURAL AND LEGAL ASPECT”

2021 ◽  
Vol 11 (4) ◽  
pp. 317-333
Author(s):  
S.P. GRUBTSOVA
Keyword(s):  
Law Enforcement ◽  
Market Economy ◽  
Economic Freedom ◽  
Legal Aspect ◽  
Theoretical Development ◽  
Full Potential ◽  
Private Law ◽  
Legal Institutions ◽  
Procedural Law ◽  
Key Aspects

The review presents the book by E.A. Ivanova “Agreements in the Field of Civil Jurisdiction: Procedural and Legal Aspect”. According to the reviewer, in modern conditions there is a tendency towards strengthening of private law principles and the development of dispositiveness in the context of civil procedural law, which is associated, in particular, with the implementation of the ideas of economic freedom and market economy within the framework of civil circulation and the transformation of legal institutions of substantive branches of law. Proceeding from this, there is a need for new doctrinal, lawmaking and law enforcement approaches on the issue of empowering legal participants in the independent choice of forms and methods of protecting violated rights, as well as in order to influence the dynamics of procedural legal relations. This is possible through the use in legislation of the full potential of procedural agreements, the theoretical development of which was carried out in the book under review, meaningfully revealing the key aspects of the indicated problem.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

scholarly journals IMPLEMENTATION OF LEGAL RESPONSIBILITY I N THE LAW ENFORCEMENT BLOCK OF THE MECHANISM OF LEGAL REGULATION

2020 ◽  
pp. 101-114
Author(s):  
И.А. Кузьмин
Keyword(s):  
Theoretical Model ◽  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Remedies ◽  
The Law ◽  
Problematic Situations

В статье приводятся промежуточные результаты исследования вопросов реализации юридической ответственности. Сформулированы подходы к пониманию механизма правового регулирования и его содержания. Установлены закономерности взаимодействий между правовыми средствами в процессе реализации юридической ответственности. Предложена общетеоретическая модель реализации юридической ответственности в правоохранительном блоке механизма правового регулирования. Проанализированы проблемные ситуации, при которых нарушаются принципы юридической ответственности и разрушаются системные связи между правовыми средствами. Annotation: The article presents the interim results of research on the realization of legal liability. Approaches to understanding the mechanism of legal regulation and its content are formulated. The patterns of interactions between legal remedies in the process of realization legal liability have been established. A general theoretical model of the realization of legal liability in the law enforcement block of the mechanism of legal regulation is proposed. The author analyzed problematic situations in which the principles of legal liability are violated, and the cases in which the systemic connections between legal remedies are destroyed.

scholarly journals RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

2020 ◽  
Vol 2 (1) ◽  
pp. 27-34
Author(s):  
Komang Ekayana
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The State ◽  
Recovery Model ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
Criminal Procedure Law ◽  
The Law

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 

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