scholarly journals Public morality as an object of national security of Ukraine: theoretical and legal aspect

2020 ◽  
pp. 98-104
Author(s):  
V. Horielova
Keyword(s):  
National Security ◽  
Personal Space ◽  
Broad Sense ◽  
Public Morality ◽  
Spiritual Dimension ◽  
Security Service ◽  
Specific Object ◽  
The Will ◽  
The Law ◽  
Moral Notion

The article examines the expediency of introducing spiritual and moral and ethical values as an object of protection by the National Security Service of Ukraine in accordance with the draft Law on Amendments to the Law of Ukraine "On the Security Service of Ukraine" to improve organizational and legal principles. activities of the Security Service of Ukraine. It is established that as an object of national security, public morality can be interpreted in a narrow and broad sense. In a broad sense, such an object of public morality can be interpreted as a system of state values, such as sovereignty, language, territorial integrity, health, honour, dignity, inviolability of the person and so on. In the narrow sense, the object of social morality is the spiritual state of each individual, because a person according to the Basic Law of Ukraine is the highest value. It is clear that public morality cannot be "programmed" even by interpreting the practice of past world experience, and thus moral values are more appropriate to lay in the legal field to be protected. In our opinion, public morality as an object of protection by the security service of Ukraine should include in its structure values and ideas related to the life of society, as well as requirements and practices corresponding to these values. The current legislation of Ukraine, which is designed to protect human rights and freedoms, unfortunately, does not contain an interpretation of the concept of "morality" and "public morality". Even though everyone can understand good and evil, useful and harmful, he is also subject to his own ideas of good and bad. Under the law, a basic amount of responsibilities is created, the standard of moral behaviour necessary for the proper functioning of society. Thus, although the law cannot express the will of everyone and cannot correspond to the moral idea of justice of everyone, it is in democratic, legal states that the law creates a personal space of man, in which he harmoniously coexists with his own considerations of morality. Morality as a specific object of the national security service of Ukraine should form a kind of code of appropriate and positive for society, regulate behaviour, have a special spiritual dimension and perform in society several socially significant functions that will promote harmonization of person and society. Although the law cannot express the will of everyone and cannot correspond to the moral notion of justice of everyone, it is in democratic, legal states that the law creates a person's personal space in which he harmoniously coexists with his own considerations of morality. Morality as a specific object of the national security service of Ukraine should form a kind of code of appropriate and positive for society, regulate behaviour, have a special spiritual dimension and perform in society a number of socially significant functions that will promote harmonization of person and society. Although the law cannot express the will of everyone and cannot correspond to the moral notion of justice of everyone, it is in democratic, legal states that the law creates a person's personal space in which he harmoniously coexists with his own considerations of morality. Morality as a specific object of the national security service of Ukraine should form a kind of code of appropriate and positive for society, regulate behaviour, have a special spiritual dimension and perform in society a number of socially significant functions that will promote harmonization of person and society.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

Pembagian Harta Waris dalam Tradisi Masyarakat Muslim di Gorontalo

2019 ◽  
Vol 13 (2) ◽  
pp. 187-202
Author(s):  
Hamid Pongoliu
Keyword(s):  
Islamic Law ◽  
Sharia Law ◽  
The Will ◽  
The Law

Gorontalo has a customary principle derived from sharia law, and the sharia law is sourced from the Qur'an, hadith, ijmak and qiyas (adati-hula'a to syara'a, syara'a hula'a to Kitabi), which should reflect the existence of the implementation of the distribution of inheritance in Islam in the Gorontalo community. This customary principle can be a source of law if it is a rational act, not immorality, done always repeatedly, does not bring harm and does not conflict with the law of sharak. But in reality there is the implementation of inheritance that violates Islamic law, namely the distribution by way of deliberation, the determination of the amount of heirs equally, the delay in the distribution of inheritance, wills with houses given to girls, wills not to distribute inheritance, distribution of assets it depends on the will of the heir and the delay in the distribution of inheritance on the grounds that one of the parents is still alive. The distribution by deliberation and determination of the amount of the portion for each heir are equally acceptable as long as they follow the guidelines of the Compilation of Islamic Law article 183 and the concept of takharruj which was previously preceded by the Shari'a division. After the heirs know the size of the portion, then they may agree to share it in their own way or leave the inheritance according to Shari'a and agree to give to each other with other heirs.

New and not so new strategies in promoting integrity with particular reference to Africa

2018 ◽  
pp. 38-74
Author(s):  
Barry Rider
Keyword(s):  
World Economy ◽  
Intelligence Community ◽  
Generational Change ◽  
Post Colonial ◽  
Self Interest ◽  
The World ◽  
The Will ◽  
The Law ◽  
Financial Intelligence ◽  
New Strategies

This article is focused on exploration not merely proposed developments in and refinements of the law and its administration, but the very significant role that financial intelligence can and should play in protecting our societies. It is the contention of the author that the intelligence community at large and in particular financial intelligence units have an important role to play in protecting our economies and ensuring confidence is maintained in our financial institutions and markets. In this article the author considers a number of issues pertinent to the advancement of integrity and in particular the interdiction of corruption to some degree from the perspective of Africa. The potential for Africa as a player in the world economy is enormous. So far, the ambiguous inheritance of rapacious empires and the turmoil of self-dealing elites in post-colonial times has successfully obscured and undermined this potential. Indeed, such has been the mismanagement, selfishness and importuning that many have grave doubts as to the ability of many states to achieve an ordered transition to what they could and should be. South Africa is perhaps the best example of a society that while avoiding the catastrophe that its recent past predicted, remains racked by corruption and mismanagement. That there is the will in many parts of the continent to further stability and security by addressing the cancer of corruption, the reality is that few have remained or been allowed to remain steadfast in their mission and all have been frustrated by political self-interest and lack of resources. The key might be education and inter-generational change as it has been in other parts of the world, but only an optimist would see this coming any time soon – there is too much vested interest inside and outside Africa in keeping things much as they are! The author focuses not so much on attempting to perfect the letter of the law, but rather on improving the ways in which we administer it.

Reorganization of the Governmental Structure of Roumania

1931 ◽  
Vol 25 (3) ◽  
pp. 700-703
Author(s):  
Joseph S. Roucek
Keyword(s):  
Central Administration ◽  
World War ◽  
Liberal Party ◽  
Old Kingdom ◽  
The Balkans ◽  
History Of ◽  
The Will ◽  
The Law ◽  
Self Rule ◽  
The University

The law for the reorganization of central administration and the law on local administration (July 20, 1929) sponsored by the National Peasant government of Roumania have recently been put into effect. Both measures were drafted by Professors Negulescu, of the University of Bucharest, and Alexianu, of the University of Cernauţi. Their adoption comprises one of the most thorough governmental reforms in the history of the Balkans.The structure of the Roumanian government was, until very recently, almost completely copied from the French system. Roumania was a typical example of a unitary organization. The whole power of government was centralized in Bucharest. Practically all powers of local government were derived from the central authority, and were enlarged and contracted at the will of Bucharest. The whole system lent itself admirably to the domination of the National Liberal party, guided up to 1927 by Ion I. C. Brǎtianu, and after his death by his brother, Vintilǎ I. C. Brǎtianu, who died last year.Since the strength of the National Peasant party, which assumed the reins in 1928, lies largely in the provinces acquired at the close of the World War, a decentralization of government was to be expected. The bitter resentment of Maniu and his associates toward the over-centralization which favored the policies of the Bratianus forced the recent overhauling of the governmental structure, tending toward federalism—a form which takes cognizance of the differences of the past and present between the old kingdom and the new provinces and attempts to extend democratic features of self-rule to the electorate. At the same time, it attempts to secure bureaucratic expertness.

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region

2020 ◽  
pp. 1-17
Author(s):  
Simon N.M. Young
Keyword(s):  
Hong Kong ◽  
National Security ◽  
Chief Executive ◽  
People’S Republic Of China ◽  
Special Administrative Region ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Administrative Region ◽  
Basic Law ◽  
The Law

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) was passed on June 30, 2020 by the Standing Committee of the National People's Congress (NPCSC). It did not have immediate direct effect in the Hong Kong Special Administrative Region (HKSAR). After consulting the Committee for the Basic Law of the HKSAR (BLC) and the Government of the HKSAR (HKSARG), the NPCSC added the NSL to Annex III of The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Basic Law) before the Chief Executive of the HKSAR (Chief Executive) promulgated the NSL for local application. All this happened on June 30, enabling the NSL to enter into force at 11 p.m., just ahead of the twenty-third anniversary of the establishment of the HKSAR on July 1, 2020.

Perlindungan Hukum Harta Bawaan Debitur Pasca Perceraian

2021 ◽  
Vol 1 (1) ◽  
pp. 68-77
Author(s):  
Puspa Fitriyah
Keyword(s):  
Legal Protection ◽  
Legal Liability ◽  
Legal Certainty ◽  
Citizenship Status ◽  
Credit Guarantees ◽  
Personal Status ◽  
The Will ◽  
The Law ◽  
Joint Property ◽  
Husband And Wife

The problem of debt is included in the field of personal status, where marriages are carried out between spouses, which as a result of the law of debt become a burden to be borne together from marriage agreements between citizens, especially related to the distribution of joint assets. How is the legal liability of debtors to creditors in the final period of marriage? and How is the legal protection for the debtor's innate property? Regarding the marriage agreement, it is regulated in Article 29 of Law Number 1 of 1974 concerning Marriage. This is because of the agreement made between the husband and wife both regarding joint property after marriage and the child's guardianship rights as well as the citizenship status of the child and each party. The method used in this research is normative juridical and empirical juridical research which is analyzed using legal certainty theory and legal liability theory. From the results of the research. Events that often occur in the field of debt, debt repayments that must be paid by the debtor are often not as agreed. In the legal certainty of customer credit guarantees on objects of land and building mortgages, there is a decrease in the appraisal value by the bank, but the binding of credit guarantees with mortgages is carried out if a customer or debtor obtains credit facilities from the bank. Divorce is an abolition of marriage accompanied by a judge's decision. or at the will of one of the parties, both husband and wife, through the submission of a claim by one of the parties to the marriage. Keywords: Legal Liability, Debt, Creditors, Wife.

Victor Yanukovych’s entourage seizing legislative, executive and judicial power in Ukraine (2010 – early 2011)

2020 ◽  
pp. 42-53
Author(s):  
V.I. Denysenko
Keyword(s):  
National Security ◽  
Communist Party ◽  
Presidential Elections ◽  
Judicial Power ◽  
Judicial Reform ◽  
Security Service ◽  
Formal Procedures ◽  
Actual Control ◽  
Self Defence

The article describes the President Yanukovych and his entourage’s actions taken to establish control over the key branches of power in Ukraine. The role of the Donetsk clan’s particular representatives, mainly AndriiKliuev and SerhiiLyovochkin, in implementing the authority concentration schemes, is explored. The context of building up the floor-crossers coalition (officially named “Stability and Reforms”) in 2010 is highlighted. The reasons for Donetsk clan choosing the non-constitutional way of seizing control over the Parliament are explained, such as: rate of action, low price of deputies’ engagement, keeping up the ideological confrontation façade with Julia Tymoshenko’s Bloc and «Our Ukraine – People’s Self-Defence» parliamentary alliance. MykolaAzarov’s cabinet (named March 11, 2010) is analyzed, with specific influential groups identified within its composition, such as MykolaAzarov’s, AndriiKliuev’s, RinatAkhmetov’sDmytroFirtash’s and Victor Yanykovych’s clientele. The quotas of Litvin’s Block, Ukraine’s Communist Party and Russian lobbies have been distinguished. The responsible assignments in security ministries data has been generalized. The fact that Victor Yanukovych’s entourage had established full actual control over top officials of the Prosecutor General’s Office of Ukraine in the eve of the Presidential Elections 2010 decisive second ballot is emphasized. The Prosecutor General’s Office, Security Service, Foreign Intelligence, Border Police and National Security and Defense Council’s governing authorities personnel has been analyzed. Specific attention has been paid to AndriiPortnov’s role in implementing the judicial reform aimed at depriving the Ukrainian judiciary of any independence, with the Presidential Office, namely AndriiPortnov, gaining the decisive impact over its activities and preserving but formal procedures and formulas from the relatively autonomous judiciary built under Victor Yushchenko. The facts of placing pressure upon the judges voicing dissent over the reform have been revealed.

scholarly journals Hvem var opænbarligh gen guth i Jyske Lovs Fortale? Et studie i Lovbogens teksthistorie

2016 ◽  
Vol 52 ◽  
Author(s):  
Michael H. Gelting
Keyword(s):  
Fifteenth Century ◽  
Canon Law ◽  
Original Text ◽  
Standard Text ◽  
History Of ◽  
The Will ◽  
The Law ◽  
Further Development ◽  
Political Realities ◽  
Made In

One sentence in the Prologue of the Law of Jutland (1241) has caused much scholarlydiscussion since the nineteenth century. Did it say that “the law which the king givesand the land adopts, he [i.e. the king] may not change or abolish without the consentof the land, unless he [i.e. the king] is manifestly contrary to God” – or “unless it [i.e.the law] is manifestly contrary to God”? In this article it is argued that scholarly conjectures about the original sense of the text at this point have paid insufficient attentionto the textual history of the law-book.On the basis of Per Andersen’s recent study of the early manuscripts of the Lawof Jutland, it is shown that the two earliest surviving manuscripts both have a readingthat leaves little doubt that the original text stated that the king could not change thelaw without the consent of the land unless the law was manifestly contrary to God. Theequivocal reading that has caused the scholarly controversy was introduced by a conservativerevision of the law-book (known as the AB text), which is likely to have originatedin the aftermath of the great charter of 1282, which sealed the defeat of the jurisdictionalpretensions of King Erik V. A more radical reading, leaving no doubt that the kingwould be acting contrary to God in changing the law without consent, occurs in an earlyfourteenth-century manuscript and sporadically throughout the fifteenth century, butit never became the generally accepted text. On the contrary, an official revision of thelaw-book (the I text), probably from the first decade of the fourteenth century, sought toeliminate the ambiguity by adding “and he may still not do it against the will of the land”,thus making it clear that it was the law that might be contrary to God.Due to the collapse of the Danish monarchy in the second quarter of the fourteenthcentury, the I text never superseded the AB text. The two versions coexistedthroughout the fourteenth and fifteenth centuries and soon produced a number ofhybrid versions. One of these gained particular importance, since it was the text thatwas used for the first printed editions of the Law of Jutland in 1504 and 1508. Thus itbecame the standard text of the law-book in the sixteenth century. The early printededitions also included the medieval Latin translation of the Law of Jutland and theLatin glosses to the text. The glosses are known to be the work of Knud Mikkelsen,bishop of Viborg from 1451 to 1478. Based on a close comparison of the three texts, itis argued here that Bishop Knud was also the author of the revised Danish and Latintexts of the law-book that are included in the early printed editions, and that the wholework was probably finished in or shortly after 1466. Bishop Knud included the I text’saddition to the sentence about the king’s legislative powers.An effort to distribute Bishop Knud’s work as a new authoritative text seems tohave been made in 1488, but rather than replacing the earlier versions of the Lawof Jutland, this effort appears to have triggered a spate of new versions of the medievaltext, each of them based upon critical collation of several different manuscripts.In some of these new versions, a further development in the sentence on the king’slegislative power brought the sentence in line with the political realities of the late fifteenthcentury. Instead of having “he” [i.e. the king] as the agent of legal change, theyattribute the initiative to the indefinite personal pronoun man: at the time, any suchinitiative would require the agreement of the Council of the Realm.Only the printing press brought this phase of creative confusion to an end in theearly sixteenth century.Finally, it is argued that the present article’s interpretation of the original senseof this particular passage in the Prologue is in accordance with the nature of Danishlegislation in the period from c.1170 to the 1240s, when most major legislation happenedin response to papal decretals and changes in canon law.

scholarly journals O rozgraniczaniu statutów i wsysaniu regulacji prawnej (na przykładzie prawa stosowanego do oceny różnych aspektów powołania i funkcjonowania wykonawcy testamentu i zarządcy sukcesyjnego przedsiębiorstwem)

2020 ◽  
pp. 159-177
Author(s):  
Maksymilian Pazdan
Keyword(s):  
International Law ◽  
Legal System ◽  
Private International Law ◽  
Legal Basis ◽  
Legal Rules ◽  
Eu Regulation ◽  
The Will ◽  
The Law ◽  
The Eu

The position of the executor of the will is governed by the law applicable to succession (Article 23(2)(f) of the EU Regulation 650/2012), while the position of the succession administrator of the estate of a business of a physical person located in Poland is subject to the Law of 5 July 2018 on the succession administration of the business of a physical person (the legal basis for such solution is in Article 30 of the EU Regulation 650/2012). However, if the court needs to determine the law applicable to certain aspects of appointing or functioning of these institutions, which have a nature of partial or preliminary questions, these laws will apply, as determined in line with the methods elaborated to deal with partial and preliminary questions in private international law. The rules devoted to the executors of wills are usually not self-standing. In such situations, the legislators most often call for supportive application of the rules designed for other matters existing in the same legal system (here — of the legis successionis). This is referred to as the absorption of the legal rules.

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