scholarly journals Procesné a organizačné súvislosti zmeny názvu obce a jej časti

2020 ◽  
Vol 21 (2) ◽  
Author(s):  
Lukáš Tomáš
Keyword(s):  
Legal Theory ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Point Of View ◽  
Central State ◽  
State Administration ◽  
The Future ◽  
Administrative Courts ◽  
The Government ◽  
The Village

In the presented article, the author analyzes the procedural and organizational aspects of changing the name of the municipality and its part. It formulates reflections on whether the beginning of the process of changing the name of the municipality is conditioned by procedural activity on the part of the municipality, or whether it is possible only at the initiative of the Government of the Slovak Republic. There have been different legal views on this issue in the application practice of the Government of the Slovak Republic, the Central State Administration and the administrative courts. The author also brings a comparative view of the modification of the name of the village and part of the village. He examines these aspects from the point of view of legal theory and applied practice. In the indicated contexts, the comparison of the Slovak legal regulation with the relevant diction of foreign municipal establishments does not omit either. It also presents its own proposals for a possible change in legislation in the future (de lege ferenda).

scholarly journals A judicial review of the inactivity of public administration in the Slovak Republic

2019 ◽  
Vol 16 (4 (2)) ◽  
pp. 55-64
Author(s):  
Matej Horvat
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Legal Theory ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Point Of View ◽  
The Public ◽  
Justice Procedure ◽  
Legal Remedies ◽  
Administrative Justice

The article focuses on inactivity of the public administration in the Slovak Republic. It analyses this malfunction of the public administration from the point of view of the legal theory, international legal regulation as well as national legal regulation. The emphasis is on the national legal regulation that should provide effective legal remedies on how to eliminate inactivity of the public administration – namely the Constitution of the Slovak Republic, the Act on Administrative Proceeding and the Act on Administrative Justice Procedure. The article analyses the new legal regulation on a judicial review of inactivity stipulated in the Act on Administrative Justice Procedure and compares it with the previous legal regulation. The aim is to conclude which legal regulation is more effective and describe why it is so.

Hubungan Kemendagri dan Kemendes dalam Tata Desa dan Administrasi Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi
Keyword(s):  
Constitutional Law ◽  
Administrative Law ◽  
Point Of View ◽  
Legal Research ◽  
The Government ◽  
The Village ◽  
The Relationship

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.

scholarly journals IMPLEMENTASI PERCEPATAN PEMBANGUNAN DESA DALAM MEWUJUDKAN PEMBANGUNAN BERKELANJUTAN BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA

2019 ◽  
Vol 1 (02) ◽  
pp. 216-227
Author(s):  
Abustan Abustun
Keyword(s):  
Sustainable Development ◽  
Rural Areas ◽  
Public Facilities ◽  
State Administration ◽  
Development Policies ◽  
The Government ◽  
Village Government ◽  
The Village ◽  
And Training

Dalam perjalanan ketatanegaraan Indonesia, sistem pemerintahan desa kembali mulai diseragamkan melalui Undang-Undang Nomor 6 Tahun 2014 tentang Desa. Penelitian ini bertujuan untuk menjelaskan peran lembaga pemerintahan desa dalam pelaksanaan pembangunan berkelanjutan di pedesaan serta tata kelola kebijakan pembangunan desa melalui pemanfaatan Dana Desa. Metode yang digunakan dalam penelitian ini adalah penelitian hukum empiris. Hasil penelitian ini menjelaskan bahwa faktor pendukung pelaksanaan tugas Kepala Desa di Kecamatan Trucuk yaitu adanya pengarahan, bimbingan, serta pelatihan bagi Kepala Desa dalam menyusun rancangan peraturan desa untuk mewujudkan percepatan pembangunan desa yang berkelanjutan. Sedangkan faktor yang menghambat pelaksanaan tugas Kepala Desa di Kecamatan Trucuk yaitu rendahnya partisipasi masyarakat dalam menyikapi program kerja yang dijalankan oleh pemerintah desa serta rendahnya kesadaran masyarakat dalam memelihara fasilitas umum yang ada di desa. Pemerintahan desa yang baik adalah sebuah kerangka institusional untuk memperkuat otonomi desa karena secara substantif desentralisasi dan otonomi desa bukan hanya masalah pembagian kewenangan antarlevel pemerintah, melainkan sebagai upaya membawa pemerintah untuk lebih dekat dengan masyarakat. Pemerintah desa yang kuat dan otonom tidak akan bermakna bagi masyarakat tanpa ditopang oleh transparansi, akuntabilitas, responsivitas, dan partisipasi masyarakat.   IMPLEMENTATION OF ACCELERATION OF VILLAGE DEVELOPMENT IN REALIZING SUSTAINABLE DEVELOPMENT BASED ON LAW NUMBER 6 YEAR 2014 ABOUT VILLAGE Abstract In the course of the Indonesian state administration, the village government system began to be uniform again through Law Number 6 of 2014 concerning Villages. This research aims to explain the role of village government institutions in the implementation of sustainable development in rural areas and the governance of village development policies through the use of Village Funds. The method used in this research is empirical legal research. The results of this research explain that the supporting factors for the implementation of the duties of the village head in Trucuk Village are direction, guidance, and training for village heads in drafting village regulations to realize the acceleration of sustainable village development. Meanwhile, the factors that hinder the implementation of the duties of the village head in Trucuk Village are the low participation of the community in responding to the work programs run by the village government and the low awareness of the community in maintaining public facilities in the village. Good village governance is an institutional framework to strengthen village autonomy because substantively decentralization and village autonomy are not just a matter of sharing authority between levels of government, but as an effort to bring the government closer to the community. A strong and autonomous village government will not be meaningful to the community without being supported by transparency, accountability, responsiveness and community participation.  

Collective conflict in the public sector in France

2002 ◽  
Vol 8 (4) ◽  
pp. 688-700
Author(s):  
Marie-Armelle Souriac
Keyword(s):  
Public Sector ◽  
Collective Action ◽  
Collective Bargaining ◽  
Legal Regulation ◽  
Public Enterprises ◽  
Roles And Responsibilities ◽  
The Public ◽  
The Future ◽  
The Government ◽  
The Right

The right to strike has been recognised in France, even as a right guaranteed by the Constitution, since 1946. Strikes in the public sector are subject to specific legal regulation, including requirements for minimum notice periods and, in some circumstances, minimum service requirements. This contribution examines these special legal features of public-sector strikes. It is necessary to clarify the respective roles and responsibilities of the management of public enterprises (or administrative authorities) and the government. The article also considers alternative (and new) forms of collective action and agreements. In the future there may well be even greater scope for the regulation of strikes to be covered by collective bargaining.

scholarly journals KOMPETENSI ABSOLUT DAN RELATIF PERADILAN TATA USAHA NEGARA MENURUT UNDANG-UNDANG NOMOR 5 TAHUN 1986 Jo. UNDANG-UNDANG NOMOR 9 TAHUN 2004.

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 344-352 ◽  
Author(s):  
Budi Aspani
Keyword(s):  
Behavior Management ◽  
Active Role ◽  
The State ◽  
Point Of View ◽  
Descriptive Data ◽  
Existing Problems ◽  
The People ◽  
Constitutional State ◽  
State Administration ◽  
The Government

ABSTRACT Indonesia is constitutionally constitutional state and requires the government through its apparatus in the field of State Administration to play a positive active role in all aspects of people's lives to achieve the prosperity of their people. Within this framework, it is not uncommon for a dispute to be caused by actions from the government in the form of irregularities, thus violating the human rights of its citizens. Strictly speaking, these deviations constitute government actions that are detrimental to those affected by the decision, in this case the people. The foregoing raises problems namely; whether any decision of the State Administration or Agency that causes harm to a person or legal entity can be submitted and sued as a dispute to the State Administrative Court and administrative efforts in which the decision can be sued again through the State Administrative Court. In this study the authors use the method of normative law research (normative law research) and by using primary, secondary and tertiary legal materials. Normative legal research examines laws that are conceptualized as the norms or principles that apply in society, and become a reference for each person's behavior. Management and analysis of data is done in a qualitative way that is analyzing library data to produce descriptive data. After conducting discussions on the existing problems, it can be concluded, Each decision of the State Administration Agency or officials that causes harm to civil legal persons or entities can be submitted and sued as a dispute to the State Administrative Court. Its relative competency is related to the place of residence or jurisdiction of the court itself, as well as the parties to the dispute. Whereas the absolute competence can be seen from the point of view of the basis of disputes, which is due to the issuance of written provisions by the State Administrative Court or Agency. Administrative efforts in resolving state administrative disputes are known as administrative channels or efforts, whether in the form of administrative appeals or objections. In accordance with the basis of our country's philosophy of Pancasila, then the state administrative disputes should be resolved as far as possible through administrative efforts, which are more deliberative in reaching consensus. But if all available administrative efforts have been used, it turns out that the disputing parties remain unsatisfied, then the matter is raised and sued through the State Administrative Court.

scholarly journals The Mayor’s career in “The Government Inspector”. On Nikolai Gogol’s political views

Literary Fact ◽  
2020 ◽  
pp. 237-282 ◽  
Author(s):  
Igor Vinogradov
Keyword(s):  
The State ◽  
Point Of View ◽  
Political Regime ◽  
Royal Power ◽  
Political Views ◽  
State Administration ◽  
Hidden Agenda ◽  
The Social ◽  
Characteristic Features ◽  
The Government

The paper is devoted to the study of Nikolai Gogol’s idea of the social and official status of the Mayor, the character of a “head official” in the satirical comedy The Government Inspector. So far Gogol’s view of his character as a raznochinets, a “mean plebeian”, who blemished his rank and position, hasn’t been considered by the scholars. In Gogol’s opinion, Skvoznik-Dmukhanovsky, who started his career from the lowest position and acquired his rank and title of nobility with “hard service”, nevertheless hasn’t become a true nobleman because of his bribery and corruption. From this perspective, the character of the Mayor helps to better understand the purpose of Gogol’s satire. Both in The Government Inspector and The Gamblers, another Gogol’s play, that has much in common with his most famous comedy, the satire is not aimed at “those in power”, nor the “state machine”, but at all kinds of frauds and swindlers among officials. Critically examining the state administration in Russia, Gogol shows them through the eyes of a high-ranking, responsible official who takes the problem very much to heart. This point of view resonated with that of the Emperor Nicholas I: it took his personal intervention to have the play published and staged. The paper consists of five parts: 1. The Mayor’s career; 2. Character archetypes in The Tale of How Ivan Ivanovich Quarreled with Ivan Nikiforivich and The Government Inspector; 3. Characteristic features of an “average official” in Gogol’s works; 4. The Mayor as a liminal character; 5. Gogol’s use of satire. The paper is based on extensive factual material that allows to trace in detail the Mayor’s career and to specify Gogol’s idea of the comedy as a satiric play aimed at obnoxious saboteurs, both nobles and commoners, who subvert the royal power and the state with their unworthy behavior, who are unfit for the positions they occupy and unable to meet the requirements of the supreme authority. The milestones of the Mayor’s career clearly confirm Gogol’s words that “the government consists of us, we climb the career ladder and make up the government”, that “the occupant of the position is to be blamed, and he is our brother”, and that readers and should be able to find with themselves the faults satirized in the comedy. With utmost sincerity and acuteness Gogol advocates healing self and society, extirpation of vices without the hidden agenda of changing political regime. The paper for the first time considers the connection between two scenes (“Anna Andreevna and Maria Antonovna”. “Khlestakov and Rastakovsky”) published in 1841 and the idea of The Government Inspector

scholarly journals Air Protection in the Slovak Republic in the Light of the EU Legislation

2014 ◽  
Vol 3 (1) ◽  
pp. 10-18
Author(s):  
Barbara Pavlíková
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Slovak Republic ◽  
National Level ◽  
Legal Regulation ◽  
The European Union ◽  
Central State ◽  
Member States ◽  
Vertical Division ◽  
Considerable Impact

Abstract (EN) Environmental protection belongs in accordance with the Article 4 par. 2 letter e) of the Treaty on the Functioning of the European Union between joint powers of the European Union and the Member States. In terms of vertical division of powers, this means that Member States and the Union engage in this field while respecting the principle of subsidiarity and proportionality. The European Union adopts in the field of protection of the single components of the environment mainly framework programs and directives, aimed at defining the general objectives, while the choice of tools to achieve them is usually left to the discretion of Member States. Given that the directive which is the most common act of secondary legislation in this area can be transposed into national law only in the form of generally binding legal act, its objectives at the national level are contained in national laws. Specific conditions are then further laid down by the decree of the responsible department - in the case of environmental protection particularly the Ministry of Environment of the Slovak Republic and the Ministry of Agriculture and Rural Development of the Slovak Republic, in cooperation with other central State administration authorities. The contribution focuses primarily on the legal regulation of one of the components of the environment - air, which is an important factor influencing the quality of life of the population, but the rules defined in this area also have considerable impact on the economy of the country. The work provides a comparison of Slovak legal acts and rules enshrined in primary and secondary EU law, as well as its non-binding acts.

scholarly journals The constitutional conflict about confidence to the Government of the Russian Federation in the context of constitutional reform 2020

2021 ◽  
Vol 5 (2) ◽  
pp. 159-169
Author(s):  
I. A. Tretyak
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
Constitutional Reform ◽  
Russian Government ◽  
Scientific Methods ◽  
Russian Constitution ◽  
The Russian Federation ◽  
The Government

The subject. The article is devoted to constitutional conflict about distrust to the Government of the Russian Federation and constitutional norms that regulated such conflict and were changed during the constitutional reform in 2020. The author analyzes such transformation in legal regulation and try to find causes for this changes. And also the author provides a constitutional-conflict diagnostic of new constitutional norms to identify conflictogens.Purposes of the paper are to find a legal reasons for transformation of constitutional norms about distrust to the Russian Government and to prevent an appearance in future long term of serious constitutional conflict by finding its conflictogens.The methodology of the study includes a new methodology of a constitutional legal science – constitutional-conflict diagnostic. The constitutional-conflict diagnostic is a system of consistently applied scientific methods, legal principles and presumptions aimed at obtaining information about the constitutional conflict and the constitutional-legal methods of its prevention and resolution. The constitutional-conflict diagnostic includes group of methods: dialectical and systemic methods, as well as structural and functional method; a group of private-scientific methods (historical, methods of formal logic: analysis, comparison). The formal-legal, comparative legal methods and a method of modeling of legal consequences are also used.The main results and scope of their application. The constitutional reform of 2020 year complicated the procedure for resolving the constitutional conflict of trust to the government and introduced a subject-status misbalance in part 4 of Article 117 of the Russian Constitution, expressed in the unmotivated and unjustified possibility of the president to had no activities for resolving such conflict.Legal modeling of the simultaneous implementation of the provisions of parts 3 and 4 of Article 117 of the Russian Constitution revealed the possibility of alternating procedures for expressing trust and denying in confidence to the government, which was absent before the constitutional reform.From a formal legal point of view and a conflictological approach, the amendments to Part 4 of Article 117 of the Constitution of the Russian Federation cannot be explained, and they are a certain «opportunistic maneuver» to the Russian Parliament.

scholarly journals Legal View on the Introduction of New Technologies

2018 ◽  
Vol 6 (3) ◽  
pp. 149-171 ◽  
Author(s):  
Oleg Stepanov ◽  
Denis Pechegin
Keyword(s):  
Foreign Exchange ◽  
Russian Federation ◽  
Information Exchange ◽  
System Analysis ◽  
New Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Legal Responsibility ◽  
The Future ◽  
The Russian Federation

According to the Concept of Long-Term Social and Economic Development of the Russian Federation for the period up to 2020, in the next few years the imbalance in world trade, as well as capital flows, will continue to increase, which will lead to changes in foreign exchange rates. That is why the final goal is to promote priority national interests in the framework of bilateral and multilateral trade and economic relations with foreign countries. In pursuit of this goal, the following improvement of customs regulation, and export and currency control mechanisms in the Russian Federation will be aimed at reducing barriers to foreign economic activity of innovative enterprises. Achievement of the set goals today is subject to the influence of a constantly changing world and new technologies. New technologies are increasingly penetrating the life of modern society. Meanwhile, the speed of introduction of new technologies is such that point changes in current legislation will gradually nullify the effectiveness of legal regulation as a system. Therefore, the changes today should concern not only the monetary and financial sphere, but also take into account other areas. The article is devoted to the study of crucial problems of implementing modern technologies from the legal point of view. Thus, at the international level, uncertainty still remains over issues of currency and legal responsibility, which is largely due to various legal regulations. Starting in 2018, the new rules for calculating the liquidity of banks and the ratio of borrowed funds to assets will come into full force in the European Union. Several large banks in France, dissatisfied with the policy of the European Central Bank (ECB), even appealed to the European Court of Justice for a change in the rules. According to FxPro analysts’ reports, economic growth in Europe has accelerated slightly, and the ECB is on the verge of abandoning its ultra-easy monetary policy in the direction of neutral and is preparing for further tightening. One of the subjects of the research is the system of monetary relations from the point of view of analyzing the problems of ensuring its stability, including criminal and legal means. The purpose of this analysis is to illustrate how to protect the domestic foreign exchange market and the challenges facing the monetary system today. The article has been prepared on the basis of legal and technical analysis of legal norms, as well as comparative legal and formal logical methods and system analysis methodology. In the authors’ view, this could contribute to a uniform approach to the problem, without which it would be extremely difficult to achieve success. It is concluded that in view of new challenges facing the global economy and the emergence of cryptocurrency, it is necessary to rethink the phenomenon of currency crimes, to study the experience of combating monetary crimes in other countries and to evaluate the common mechanisms for combating currency crimes. However, this approach cannot be considered legitimate insofar as different interpretation of the same term in different branches of legislation does not allow full realization of the constitutional rights and freedoms of citizens. After all, branches of legislation do not exist in isolation from one another, but are interrelated. It is concluded that the person conducting proceedings in a case can and is obliged, based on an analysis of the circumstances under consideration, to proceed from a comprehensive assessment of the category used in making the decision as applied to its understanding in aggregate in various branches of legislation. It is also necessary to create a universal state database for judges, prosecutors, investigators, etc., which would allow free cross-sectoral information exchange on the same subject. The new digital economy also requires retraining of civil servants and state employees, including the judiciary branch of government. At the same time, the article deals with the transformation of the legal profession in the future. It is concluded that classical legal education will not sink into oblivion. However, the lawyers of the future will play a slightly different role, namely, they will act as machinists, builders, operators and inventors of a useful model of legal relations for robot judges.

scholarly journals Changes in Concentrations of Monovalent Basic Cations in the Water of the Čaradice Stream / Zmeny Koncentrácií Jednomocných Bázických Katiónov vo vode Vodného toku Čaradický Potok

2013 ◽  
Vol 16 (1) ◽  
pp. 4-9
Author(s):  
Jaroslav Noskovič ◽  
Eva Candráková ◽  
Mária Babošová ◽  
Jana Porhajašová
Keyword(s):  
Analysis Of Variance ◽  
Forest Ecosystem ◽  
Slovak Republic ◽  
Average Concentration ◽  
Reference Period ◽  
Spring Season ◽  
Qualitative Factors ◽  
The Government ◽  
The Village ◽  
Basic Cations

Abstract In the years 2005-2010, the changes in concentrations of monovalent basic cations in the Čaradice Stream were evaluated depending on the time and place of sampling in its longitudinal profile. Results show that the average concentration of Na+ in the whole period was 14.75 mg. dm-3. Its share in the total amount of monovalent basic cations of Na+ and K+ in the whole reference period was 76.32%. The mass ratio of Na+ : K+ in the whole period was 3.34 : 1. Depending on the time of sampling, the lowest average sodium concentrations of the whole period were recorded in the spring season with the minimum average in March. The highest average concentration of the whole reference period was recorded in September. Depending on the sampling site, the minimum average concentration was recorded in a forest ecosystem and an ecosystem of permanent grassland, and the maximum average concentration in the village Kozarovce. Using the analysis of variance, we detected a statistically significant effect of all three qualitative factors (year, month and place of sampling) on the change of concentration. According to the Regulation of the Government of the Slovak Republic No. 269/2010 Coll., the 90th percentile values of this indicator are lower than the recommended value. The average concentration of potassium in the whole reference period was 4.54 mg. dm-3. The share of K+ in the total amount of monovalent basic cations in the whole period reached 23.68%. The lowest average concentrations of the whole period were usually found in the spring season, with the minimum value in March. The maximum average concentration of the whole reference period was recorded in July. Similarly to Na+, the lowest average concentration of K+ was detected in a forest ecosystem and the highest one in the village Kozarovce. The effect of seasonality on the dynamics of Na+ and K+ concentrations during the period was not detected. Using the analysis of variance, we found a statistically significant effect of all three qualitative factors (year, month and place of sampling) on the change of concentration. In the Regulation of the Government of the Slovak Republic No. 269/2010 Coll., the recommended value for potassium is not specified. The discharge rate significantly affected the changes in concentrations of Na+ and K+ in the stream.

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