scholarly journals Elements of administrative and legal status of the State executive service of Ukraine

2020 ◽  
Vol 2020 (3) ◽  
pp. 60-68
Author(s):  
Shamruk N.B. ◽  
◽  
Makiienko A.A. ◽  
Keyword(s):  
Key Words ◽  
Legal Status ◽  
The State ◽  
Judicial Reform ◽  
Court Decisions ◽  
International Treaties ◽  
High Quality ◽  
Positive Results ◽  
State Body

High-quality execution of court decisions and decisions of other bodies is one of the main priorities of the Ministry of Justice of Ukraine, as the state must not only ensure fair consideration of cases in courts and other bodies, but also guarantee fair, high-quality and fast execution of such decisions. This task is assigned to the bodies of the State Executive Service and private bailiffs.Reform of execution of court decisions in general and the bodies of the State Executive Service in particular is key one both for Ukraine and the Ministry of Justice of Ukraine. The steps already taken in the area of ​​judicial reform and are being implemented today are yielding positive results, but the reform should be continued. In future, it is necessary to ensure the protection of society by ensuring obligatory enforcement of court decisions by modernizing the service of state bailiffs and protecting private bailiffs for the execution of court decisions.Any state body must have a clear legal status in order to function effectively. The current legal status of the State Executive Service of Ukraine is determined by the Constitution of Ukraine, Laws of Ukraine “On Enforcement Proceedings” dated 02.06.2016 № 1404-VIII, “On bodies and persons carrying out enforcement decisions and decisions of other bodies” dated 02.06.2016 № 1403-VIII and other laws, as well as international treaties of Ukraine, the consent to the binding nature of which was given by the Verkhovna Rada of Ukraine and regulations adopted for their implementation.In this article, the elements of the administrative and legal status of the State Executive Service of Ukraine are considered through the prism of the components, in particular: goals, objectives, functions, competence and powers, principles of the State Executive Service of Ukraine. Key words: purpose, tasks, functions, competence, powers, interaction of the State Executive Service of Ukraine.

scholarly journals The regional policy of the Russian Empire in the first half of the 19th century: The Kingdom of Poland (1815–1830)

2020 ◽  
pp. 83-105
Author(s):  
Boris V. Nosov ◽  
Lyudmila P. Marney
Keyword(s):  
19Th Century ◽  
Political Development ◽  
Regional Policy ◽  
Legal Status ◽  
Russian Empire ◽  
The State ◽  
International Treaties ◽  
Russian Government ◽  
The Russian Empire ◽  
The 19Th Century

The article is devoted to the problems of the regional policy of the Russian Empire at the beginning of the 19th century discussed in the latest Russian historiography, to the peculiarities of the state-legal status and administrative practice of the Kingdom of Poland. It was the time when basic principles and a special structure of management at the outlying regions of the empire were developed, and when special (historical, national, and cultural) regions were formed on the periphery of the Empire. The policy of the Russian government in relation to the Kingdom of Poland depended both on the fundamental trends in the international relations in Central and Eastern Europe (as reflected in international treaties), as well as on the internal political development of the empire, and the peculiarities of political, legal, social, economic, cultural processes in the Kingdom and on Polish lands in Austria and Prussia. All these aspects have an impact on the debate that historians and legal experts are conducting on the state and legal status of parts of the lands of the former Principality of Warsaw that were included in the Russian Empire in 1815 by the decision of the Congress of Vienna. The fundamental political principles of the Russian Empire in the Kingdom of Poland in the first half of the 19th century were a combination of autocracy (with individual elements of enlightened absolutism), based on centralized bureaucratic control, and relatively decentralized political, administrative and estate structures, which assumed the presence of local self-government.

The Legal Status of the Holy Places in Jerusalem

1994 ◽  
Vol 28 (4) ◽  
pp. 589-600
Author(s):  
Izhak Englard
Keyword(s):  
Legal Status ◽  
Legal Aspects ◽  
The State ◽  
Court Decisions ◽  
International Conflicts ◽  
Jewish State ◽  
Legal Problems ◽  
Holy Places ◽  
Ideological Background ◽  
State Of Israel

The legal problems relating to the Holy Places in Jerusalem are of a very complex and delicate nature. The issue has a long history, and its complexity is the result of turbulent religious, ethnic, national and international conflicts over the Holy Places. The problems were not created by the State of Israel, but the establishment of the Jewish State added new dimensions to the age-old contest. I shall first describe briefly the ideological background of the problem, then analyze its legal aspects and finally illustrate its complexity by a number of Israel court decisions.

scholarly journals The legal status of the Ministry of Interior in the system of state bodies of the Russian Empire

2019 ◽  
Vol 2019 (3) ◽  
pp. 28-34
Author(s):  
Мария Колядная ◽  
Maria Kolyadnaya
Keyword(s):  
Detailed Analysis ◽  
Legal Status ◽  
The State ◽  
Basic Principles ◽  
State Management ◽  
State Administration ◽  
Internal Affairs ◽  
The Russian Empire ◽  
State Body

The article is devoted to the consideration of the Ministry of Internal Affairs work during the second half of the XIX – early XX centuries as a key body of state management. For the studied period (55 years) there were no any spheres of state and public life that would not be affected by the Ministry. Different functions ranging from its direct tasks – fighting with crime – to internal affairs issues of the state were concentrated in the Ministry work. Special attention is paid to the study and detailed analysis of the legal status of the Ministry of internal Affairs, drawn up on the basis of determination of the position of the Ministry of internal Affairs among other ministries of equal order and in the system of state administration as a whole; in terms of its broad competence, based on the basic principles of its activities and the analysis of a number of normative legal acts, which in total determine the legal status of the state body. The changes in the structure of the Ministry of internal Affairs related to the rapidly changing political situation were noted, the functions performed by the Ministry were clearly considered, and it was made an attempt to substantiate the determination of the Ministry’s place in the system of state administration as a key link on the basis of a detailed analysis of its legal status.

scholarly journals PECULIARITIES OF THE USE OF NORMS OF CASE LAW IN THE SYSTEM OF DOMESTIC JUSTICE

2020 ◽  
pp. 71-75
Author(s):  
Ye. A. Zherobkina
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Armed Forces ◽  
Case Law ◽  
The State ◽  
Judicial Reform ◽  
Court Decisions ◽  
Basic Law ◽  
The Law ◽  
The Right

Taking into account the basic principles of a democratic, rule of law, social state, the key of which is the principle of separation of powers in the state, Ukraine is building a state apparatus. Declaring such a principle in the Constitution of Ukraine and building on it the basis of the functioning of all branches of government have become a prerequisite for the acquisition of judicial branch of power signs of independence and independence. LA Lutz argues that the functioning of the judiciary as an independent is accompanied by its development and the introduction of rulemaking functions. This fact is related to the involvement of the judiciary in the settlement and resolution of national cases. As a result, throughout the years of Ukraine's independence, the courts have recognized the right not only to the application and interpretation of legal rules, but also to their creation. As of today, the law does not formally enshrine the functions of rulemaking, but in legal science there are discussions about the possibility of the existence of case law in the state. The analysis of court decisions suggests that the precedent is not only those of the courts of Ukraine that have a rule of law, but also those that contain appropriate explanations of the content of the rule, or of judgments that contain criteria for the similarity of the application of the rules. The provisions of the basic law − the Law of Ukraine “On Judiciaryand Status of Judges” of 02.06.2016, № 1402-VIII have been analyzed due to the possibility of recognizing judicial precedent as anofficial source of law in accordance with the requirements of the current domestic legislation. In this article, we conducted a detailedanalysis of the peculiarities of the use of case law in the system of domestic justice. Particular attention was paid to updating the system of enforcement of court decisions, including the decisions of the ArmedForces. It is stated that the institute of enforcement of judgments is based on the functioning of the Laws of Ukraine “On EnforcementProceedings” and “On Bodies and Persons who Enforce Enforcement of Judgments and Decisions of Other Bodies”. A separate novelty of judicial reform − the creation of new higher specialized courts as courts of first instance for the considerationof certain categories of cases: the High Court for Intellectual Property and the Supreme Anti-Corruption Court, whose review will bevested in the Armed Forces, has been investigated.

scholarly journals POLEMIKE O STATUSU DRŽAVE I KRALJEVINE SHS

2020 ◽  
Vol 36 (3-4) ◽  
pp. 269-288
Author(s):  
Igor Ivašković
Keyword(s):  
Analytical Methods ◽  
Legal Status ◽  
The State ◽  
Central Issue ◽  
Court Decisions ◽  
International Dispute ◽  
Legal Opinions ◽  
Post War ◽  
Made In

The article aims mainly at analyzing the issue of legal (dis)continuity between the Kingdom of Serbia and the Kingdom of Serbs, Croats and Slovenes (hereinafter the Kingdom of SCS) within the context of an international dispute between Germany and the Kingdom of SCS, and to revealing the reasons for different court decisions interpretations in a particular case. By using the techniques of historical-legal and analytical methods in researching into documents and secondary opinions given by politicians and constitutional lawyers, the paper first gives a brief overview of international circumstances that enabled the post-war states formation. It also summarizes different opinions regarding the legal status of the State of SCS and the character of the First-December Act taking into account historical and modern international and constitutional criteria. The conclusion is made in the context of discussion regarding the central issue that Ivan Žolger’s interpretation that despite the verdict in the particular case, the Kingdom of SCS was a new state, since it was not created in accordance with the 1903 Constitution of the Kingdom of Serbia. In addition to the argument that the State of SCS met the basic criteria of statehood, and that the formation of the Kingdom of SCS interrupted the constitutional continuity of the Kingdom of Serbia, the contribution of the paper lies in the argument that different legal opinions were not so much the result of legal ambiguities, but primarily a reflection of one, out of many, political battles fought between the conflicting state ideologies.

Biometric personal data and their use in the investigation of criminal offences

2021 ◽  
Vol 28 (4) ◽  
Author(s):  
Violetta E. Konovalova ◽  
Vasyl M. Stratonov ◽  
Iryna V. Savelieva
Keyword(s):  
Personal Data ◽  
The State ◽  
Criminal Record ◽  
Structural System ◽  
Biometric Data ◽  
Record System ◽  
Judicial Practice ◽  
Source Of Information ◽  
Positive Results ◽  
State Body

The article is devoted to the analysis of biometric personal data, which is proposed to be considered as a source of information about a person and used during pre-trial investigation of criminal offences. The relevance of the research topic lies in the need to develop an optimal mechanism for using biometric personal data in the activities of pre-trial investigation bodies. The purpose of the research is to analyse the current international and national legislation on determining the place of biometric personal data in the criminal record system, implement their classification and provide recommendations for use by state bodies and individuals. To achieve this goal, the work used dialectical, historical-legal, formal-logical, dogmatic, structural-system and comparative-legal methods. It is proved that various types of biometric personal data accumulated in the criminal record system can be successfully used in the process of investigating criminal offences, and in some cases by individuals within the limits of their statutory powers. It was noted that along with the positive results of such activities, there are certain risks, namely, the presence of a threat of leakage and access to biometric data by unauthorized persons, as evidenced by the negative judicial practice of individual countries regarding unsatisfactory collection, processing, storage and use of biometric personal data. Taking into account the above, it is stated that the collection, processing and use of biometric personal data for the purpose of their use in the investigation of criminal offences must meet certain requirements, namely: the owner of the database of biometric personal data should only be the state represented by a special state body. Accordingly, the state should ensure the storage and protection of biometric personal data

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

Analysis of geodetic and legal documentation in the process of expropriation for roads. Krakow case study

2013 ◽  
Vol 62 (1) ◽  
pp. 67-84
Author(s):  
Anna Trembecka
Keyword(s):  
Local Government ◽  
Legal Status ◽  
The State ◽  
Property Value ◽  
Real Property ◽  
Construction Design ◽  
Special Rules ◽  
The City

Abstract Amendment to the Act on special rules of preparation and implementation of investment in public roads resulted in an accelerated mode of acquisition of land for the development of roads. The decision to authorize the execution of road investment issued on its basis has several effects, i.e. determines the location of a road, approves surveying division, approves construction design and also results in acquisition of a real property by virtue of law by the State Treasury or local government unit, among others. The conducted study revealed that over 3 years, in this mode, the city of Krakow has acquired 31 hectares of land intended for the implementation of road investments. Compensation is determined in separate proceedings based on an appraisal study estimating property value, often at a distant time after the loss of land by the owner. One reason for the lengthy compensation proceedings is challenging the proposed amount of compensation, unregulated legal status of the property as well as imprecise legislation. It is important to properly develop geodetic and legal documentation which accompanies the application for issuance of the decision and is also used in compensation proceedings.

Current Situation of the Efficiency of the National Budget Allocation in Vietnam

2019 ◽  
Vol 35 (3) ◽  
Author(s):  
Nguyen Trong Vinh ◽  
Nguyen Cam Nhung
Keyword(s):  
Budget Allocation ◽  
Current Situation ◽  
Econometric Models ◽  
The State ◽  
Policy Implications ◽  
State Budget ◽  
National Budget ◽  
Near Future ◽  
Positive Results

This research evaluates the efficiency of the state budget allocation in Vietnam in the period 2007-2016 by using econometric models of OLS, FEM, REM and FGLS. The estimated results from the model, together with the evaluation of the state budget allocation show that the budget allocation has achieved positive results, but the efficiency of budget allocation is still not high. Following this, the article gives some policy implications for Vietnam to effectively allocate the state budget in the near future.

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