scholarly journals On the Issue of Judges’ Salary as an Element of the Constitutional and Legal Status of Judges

2020 ◽  
Vol 91 (4) ◽  
pp. 27-36
Author(s):  
V. S. Vitkova ◽  
Y. O. Hrabova
Keyword(s):  
Legal Status ◽  
Total Population ◽  
Judicial System ◽  
Constant Number ◽  
The Social ◽  
Judicial Administration ◽  
The Law ◽  
Basic Salary ◽  
The City

The article focuses on the use of the categories of «permanent population» and «existing population» while applying the regional coefficients in determining the basic amount of salary of a judge, since the judge’s salary guarantees the independence of the judge and is an integral part of his constitutional legal status. Attention is drawn to the fact that, since the judge’s salary can be determined only by the Law of Ukraine «On Judicial System and Status of Judges» the issue of the uniqueness of the application of regional coefficients requires an additional focus of scholars and practitioners, which, in turn, is related to the uncertainty of the provisions of paragraphs 2, 3, 4, Part 4 of the Art. 135 of the above mentioned Law. Determination of the regional coefficient for the calculation of the judge’s salary substantiates the feasibility of applying regional coefficients in practice based on the data, in particular, the basic indicators of the effectiveness of the courts of settlements, population of which exceed 1 million and total population of which is less than 100 thousand. Relevant comparative data on the burden on judges of such courts is provided. Based on the obtained empirical data, it is concluded that there are ambiguities in the use of the categories «existing population» and «permanent population» by the State Judicial Administration of Ukraine while approving staffing of courts in the period of 2017-2020 on the example of Odesa City, despite the relatively constant number of permanent and existing population in the city during this period. The necessity to apply the category of «existing population» in determining the basic salary of a judge is argued, as well as the advisability of amending the paragraphs 2-4 of Part 4 of the Art. 135 of the Law of Ukraine «On Judicial System and Status of Judges» in regard to the need for uniform application of this rule in practice and ensuring that the social guarantees of judicial independence are respected.

ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Legal Status ◽  
Modern World ◽  
Legal Regime ◽  
Legal Doctrine ◽  
City Councils ◽  
The Social ◽  
District Management ◽  
Definition Of ◽  
The Relationship ◽  
The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

2. Marriage and Civil Partnership

2021 ◽  
pp. 8-96
Author(s):  
Polly Morgan
Keyword(s):  
Legal Status ◽  
Public Perceptions ◽  
The State ◽  
Civil Partnership ◽  
The Social ◽  
The Law ◽  
Over Time

This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?

scholarly journals MASLAHAH AND THEIR RELATIONSHIP WITH LEGAL ISTINBAT, (STUDY OF AL-JUWAYNI THOUGHT IN THE BOOK OF AL-BURHAN FI PROPOSED AL-FIQH)

2019 ◽  
Vol 11 (1) ◽  
pp. 19-68
Author(s):  
Abdul Rasyid Ridho
Keyword(s):  
Legal Status ◽  
Human Needs ◽  
The Law

Maslahah in al-Juwayni's thinking is not a source of law, but it is an indicator in determining the existence of a law. Basically, maslahah which is the basis and purpose of the establishment of sharia, in the view of al-Juwayni, concerns all universal human needs that can guarantee the maintenance and uphold of human life's milestones. This is al-Juwayni's formulation includes four things, namely guaranteed the maintenance of religion, soul, honor (ancestry), and human property. Then in making istinbat a law, especially related to cases that have not been regulated by the legal status, it must refer to the five categories of maslahah as formulated by al-Juwayni. These five categories are the basis and purpose of the making and determination of the law found in the text.

The Vestal Virgins

2016 ◽  
Author(s):  
Meghan J. DiLuzio
Keyword(s):  
Legal Status ◽  
The State ◽  
Religious Institutions ◽  
Religious Orders ◽  
Roman Society ◽  
The Social ◽  
Vestal Virgins ◽  
The City

This chapter focuses on the Vestal Virgins. The six Vestal Virgins belonged to the pontifical college (collegium pontificum), the largest and one of Rome's most prestigious religious orders. Chosen for their role between the ages of six and ten, they were committed to serve the cult of Vesta for a minimum of thirty years. They were synonymous with the continued welfare of the city and inseparable from the Roman's view of themselves. In addition to guaranteeing Rome's future, the Vestal priesthood was cherished as one of the most ancient religious institutions in the city. The chapter then considers the social profile of prospective priestesses and explains how they were chosen for their extraordinary role in Roman society. It also outlines their legal status, which set them apart from ordinary Romans, and the privileges they were granted in exchange for their service to the state.

Normalization and the Limits of the Law: The Case of the Czech Jazz Section

2008 ◽  
Vol 22 (2) ◽  
pp. 282-318
Author(s):  
Peter Bugge
Keyword(s):  
Legal Status ◽  
Social Activism ◽  
Social Discourse ◽  
Window Of Opportunity ◽  
Cultural Institutions ◽  
Law And Order ◽  
The Social ◽  
The Law ◽  
The Impact

The Jazz Section was one of the most remarkable cultural institutions in “normalized” Czechoslovakia. Established in 1971 as part of the official Musicians' Union, the Jazz Section used its legal status to arrange jazz and rock concerts and to publish a variety of books without the permission or consent of the Communist authorities. From the late 1970s, the regime strove hard to close the Section; however, it survived until 1984. Only in 1986 did the regime find a way to prosecute its leading activists. This article investigates why persecution proved so troublesome. It focuses on the impact of the Jazz Section's legalistic strategy, and on the role of legal concerns in regime behavior. It argues that references to “law and order” had a central legitimizing function in the social discourse of the Husák regime, and that the resulting need to translate policies of repression into legal measures inhibited the authorities in their assertion of power and created an ambiguous window of opportunity for independent social activism.

Marriages in Turmoil: The Lawyer as Doctor

1979 ◽  
Vol 7 (3) ◽  
pp. 333-346 ◽  
Author(s):  
Doris L. Sassower
Keyword(s):  
Legal Status ◽  
Marital Dissolution ◽  
Judicial System ◽  
The Law ◽  
Status Of Women

A leading matrimonial attorney takes a look at the stress and anxieties experienced by women upon marital dissolution, and recommends that law and medicine close ranks to remedy what is described as a major malady of our times. The emotional fall-out is only too often attributable to the unequal legal status of women; both the judicial system and the law itself would benefit from a collaboration between lawyers and psychiatrists in bringing about vitally needed divorce reform.

scholarly journals The Proposed abolition of de facto unions in Tanzania: a case of sailing against the social current

1998 ◽  
Vol 42 (2) ◽  
pp. 187-214 ◽  
Author(s):  
Bart Rwezaura
Keyword(s):  
Male Partner ◽  
Law Reform ◽  
Social Fact ◽  
Economic Support ◽  
The Social ◽  
The Law ◽  
Legal Marriage ◽  
Legal Consequences

In April, 1994, the Law Reform Commission of Tanzania (LRC) recommended,inter alia, that section 160 of the Law of Marriage Act (LMA), be repealed because it constitutes “an unnecessary encroachment [on] the sanctity of marriage and [is] contrary to the spirit of the Law of Marriage Act”. Subsection (1) of the offending section enacts a statutory presumption of marriage in favour of reputed de facto unions that have existed for a minimum of two years. Subsection (2) states that once the presumption is rebutted, the woman cohabitant and the children born of that union become legally entitled to apply to the court for economic support from the male partner. In these proceedings the court has similar jurisdiction as a divorce court, including the making of orders for the division of assets jointly acquired by the couple and the determination of who is to have custody of the children. In 1971 when section 160 was enacted, it was widely recognized that de facto unions had become a social fact which the law could not ignore. Hence, the decision to extend to these unions the same legal consequences that follow a formal dissolution of a legal marriage. However, in so doing the legislature had indirectly raised and yet left open a number of important questions that have continued to engage the minds of judges.

The Legal Status of Married Women in Lebanon

1998 ◽  
Vol 30 (4) ◽  
pp. 501-519 ◽  
Author(s):  
Lamia Rustum Shehadeh
Keyword(s):  
Legal Status ◽  
Vital Role ◽  
Married Women ◽  
Social Identities ◽  
Alternative Conceptions ◽  
Legal Context ◽  
Or Groups ◽  
The Social ◽  
The Law ◽  
And Behavior

Law plays a vital role in establishing not only regulations but actual thoughts and behavior in defining what is acceptable by society and what is to be considered natural or unnatural. Thus, as the laws dealt with here become symbols of what society believes to be natural or unnatural, they assume far more serious implications than their strictly legal context; hence, the significance of this study. The law is the arena where different views or philosophies are contested. Thus, Rosemary Coombe maintains that “law concludes or limits everyday struggles, authoritatively determines the qualities of individuals or groups, the social identities which people can lay claim to, and the ways in which personhood and experiences of self can be legitimately represented.” Furthermore, by legitimizing certain conceptions of the self, the law by default suppresses alternative conceptions.

scholarly journals The Gendered Racialization of Asian Women as Villainous Temptresses

2021 ◽  
pp. 089124322110293
Author(s):  
Maria Cecilia Hwang ◽  
Rhacel Salazar Parreñas
Keyword(s):  
Sex Work ◽  
Social Order ◽  
White Male ◽  
Asian Women ◽  
Gender Analysis ◽  
Global Pattern ◽  
The Social ◽  
The Law ◽  
American Society

What explains white male animus against Asian women? We address this question by examining the murders in Atlanta, GA, which reflect a larger global pattern of violence against what are perceived as hypersexualized Asian women. Dominant discourses on these murders promote either a narrative of racial xenophobia or a stance for or against sex work. Neither discourse adequately accounts for the simultaneous racial and gendered determination of Asian women’s experiences. In this commentary, we provide a racial–gender analysis and underscore how the gendered racialization of Asian women as hypersexual can result in their perception as disposable bodies for white male rage. As we explain, hypersexualization implies immorality, which in turn threatens the social order and thereby justifies Asian women’s disposability. This commentary establishes Asian women’s hypersexualization as a century-old view in American society perpetuated in cinema and the law.

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