scholarly journals Legal doctrine of yak dzherelo rights to freedom of creativity

2020 ◽  
Vol 11 (11) ◽  
pp. 190-196
Author(s):  
Opolska N. M.
Keyword(s):  
The State ◽  
Freedom Of Information ◽  
Primary Role ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Legal Duty ◽  
Creative Self ◽  
The Right ◽  
Self Learning ◽  
Law Making

The article has been informed that the doctrine of the right to legalize the primary role in establishing and developing conceptual ambushes for the Institute for Freedom of Creativity. It has been established that scholarship between science and doctrinal attainment is important and important — that is, more often than not, the recognition of freedom of information, as well as practical powers of freedom of creativity. The doctrine of law, based on the power of the key concept of the concept of the right to freedom of creativity, is justified, but not less, to be overlooked by one of the discus- sive and superlative clowns. It is signified that the legal doctrine is based on a scientific position of an obscene nature, that we have rejected a legal notice on the side of science, suspense and power, and have the right to law-making and legal duty. It has been clarified that, as a lawless law, the legal doctrine will protect the synthesis of law, manifested gaps with the right, victorious with the sphere of law-making and dignity of the state, tendencies are also observed in the laws, with the doctrines being formed. The right of law has a legal doctrine with legal force in case of ruling, so that I accept. It has been clarified that the legal principles of doctrinal provisions are realized through the incorporation of legal categories and understand the theory and concept, and the forms of supremacy of legal doctrines. It has been established that the doctrine of ер dzherel law is officially formally significant in Ukraine. It was justified, calling for the legal doctrine to be adopted, introducing the term "doctrine" in the names of the president’s legal acts, the parliament, the state ordinance of the country, which are clearly indicated in the state mandates. These are based on a number of legal categories and understand the theory and concept, in terms of supremacy of legal doctrine and hidden in these areas of suspicion, in order to require a more complete reform. Legitimization of doctrinal position in the sphere of the right to freedom of creativity of the Bula was implemented by the National doctrine of development of the doctrine of informational security of Ukraine. Dzherelom of the right to freedom of creativity є The national doctrine of developing awareness in part of the development of minds for developing specialties and creative self-realization of the skin lesion of Ukraine, the development of creative health and self-learning. As a whole, it is conceptual to lay the foundation of the security of the right to freedom of creativity, even without developing creative interests in people, it is not necessary to have the right to freedom of creativity, the right to freedom of creativity will be in the area of declarativeness. Docity was brought forward from the perspectives of the farthest gains and growth from the whole directly formulate the doctrine of freedom of creativity and the legitimacy of the doctrinal position in these spheres. Keywords: Legal doctrine, the right to freedom of creativity, dzherela law.

scholarly journals KONSTYTUCYJNA OCHRONA WŁASNOŚCI W ŚWIETLE POGLĄDÓW STANISŁAWA MADEYSKIEGO

2017 ◽  
Vol 3 (2) ◽  
pp. 21
Author(s):  
Andrzej Mączyński
Keyword(s):  
Law And Economics ◽  
The State ◽  
Political Liberty ◽  
Legal Doctrine ◽  
Constitutional Protection ◽  
Personal Liberty ◽  
Free Disposal ◽  
Legal Duty ◽  
The Right ◽  
Austrian Minister

Constitutional Protection of Property in the Light of Stanisław Madeyski’s ViewsSummary The article discusses the work of Stanisław Madeyski „A political right to freedom of property” published in «Czasopismo Prawnicze i Ekonomiczne» [Journal of Law and Economics] from 1903 and points out that the ideas presented therein did not lose their immediate interest. The main discussions are preceded by a presentation of the curriculum vitae and the academic output of Stanisław Madeyski (1841-1910) a profesor of Jagiellonian University, also a politician, Austrian Minister of Religious Denomination and Education, and the member of the State Tribunal (Reichsgericht).In his work Stanisław Madeyski addresses an interpretation of, still in force in Austria, article V of the Citizens’ Universal Rights Act dated December 21,1867, pursuant to which the property right is inviolable, and expropriation against the owner’s will may occur only in cases provided for in law. Adducing the historical and comparative argumentation Madeyski demonstrates that the said provision is concerned with a ban, aimed at the State authorities, on encroaching upon a domain of property relations of the citizens apart from cases provided for in the constitution. In the author’s opinion the constitution article under discussion guarantees the citizens not only the inviolability of the right to property but also the inviolability of the whole of their possessions that is of the totality of the material rights vested in them. Madeyski points out that the constitutional ban on infringement upon property imposes on the State authorities the legal duty to a citizen to cease all unlawful acts that would infringe upon a property of a citizen. This duty of the State authorities corresponds on the side of a citizen to the possibility of a free disposal of his property. This formulation of a relation between a citizen and the State authorities bears the same features as all liberties guaranteed by the constitution, as for example personal liberty, freedom of religion, freedom of nationality. Doubtless, all these rights originate from the sole right of political liberty (personality). In the same way property inviolability is a particular way to exercise the general right of political liberty as it is the case with any aforementioned liberties. It serves the citizens to develop, within legal limits, their personality according to free will. Madeyski closes his considerations with the conclusion that inviolability of property provided for in this constitutional provision is a political, constitutionally guaranteed right of freedom of property that is protected by law before the State Tribunal.The article emphasizes that it was to Madeyski’s credit that he demonstrated the protection guaranteed by the constitution covers not only property but also other material rights. This view is accepted nowadays, both in Polish and foreign legal doctrine. The most important and enduring is the expressed in the work of Madeyski idea emphasizing the connection between a constitutionally guaranteed protection of proprietary rights and protection of man’s liberty.Bringing back ideas expressed one hundred years ago by one of Polish lawyer of distinction, although nowadays almost forgotten in Poland, served also to point out the role which Austro-Hungarian Monarchy structural solutions played in the formation of constitutional jurisdiction. In this context statements of two professors have been indicated; these of Oswald Balzer and Jozef Buzek from the Lvov University who already in 1919 postulated an establishment of a body having a constitutional jurisdiction status in the Reborn Poland.

LEGAL STATUS NON-MUSLIM COMMUNITIES IN THE OTTOMAN EMPIRE IN THE XVI-XIX CENTURIES

2016 ◽  
Vol 4 (2) ◽  
pp. 102-110
Author(s):  
Александр Сквозников ◽  
Aleksandr Skvoznikov
Keyword(s):  
Ottoman Empire ◽  
Military Service ◽  
Legal Status ◽  
Islamic Law ◽  
Religious Affiliation ◽  
The State ◽  
Legal Doctrine ◽  
Muslim Communities ◽  
The Right ◽  
Judicial Protection

The aim of the article is to investigate the legal status of non-Muslim communities in the Ottoman Empire. The author concluded that the sources of Islamic law, including the Koran and Islamic legal doctrine, formed the basis of the legal system of the Ottoman Empire, recognized the equality of people regardless of their racial, ethnic or religious affiliation. Non-Muslim subjects of the Ottoman Empire guaranteed the right to life, security of person and property, freedom of religion, freedom of economic activity, the right to judicial protection and protection against external enemies. However, the scope of rights and duties of citizens depend on their religious affiliation. The Ottoman Empire was essentially theocratic state, where Islam is the state religion and regularly held a dominant position among the other denominations. Served non-Muslim were somewhat limited in their rights: they could not come to the state, including military service, which does not allow us to talk about full equality of all subjects of the Ottoman Empire, regardless of religion.

scholarly journals KONSEP HAK MENGUASAI NEGARA TERHADAP TANAH DALAM HUKUM TANAH (UUPA) DAN KONSTITUSI

GANEC SWARA ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 991
Author(s):  
NI LUH ARININGSIH SARI
Keyword(s):  
The State ◽  
State Control ◽  
Land Law ◽  
Conceptual Approach ◽  
Legal Principles ◽  
East Indies ◽  
The People ◽  
Approach Method ◽  
The Republic ◽  
The Right

     The concept of the State's Right to Control over Land in Land Law (UUPA) and the Constitution are things that need to be clarified based on law. The type of research in this research is normative research, namely research on legal principles related to the concept of the State's right to control over land seen from the aspects of the Basic Agrarian Law and the 1945 Constitution of the Republic of Indonesia. The approach method used in this research is the statutory approach (the statute approach), the conceptual approach, which utilizes the views and thoughts of experts regarding the concept of the rule of law and the historical approach is carried out by examining what background. which underlie a development of the implementation of the right to control the State. The results of the study show that the concept of the right to control of the State which is regulated in the 1945 Constitution and the UUPA, is different from the legal relationship which is ownership between the State and land based on the Domeinverklaring principle which is regulated in the Land Law for the Administration of the Dutch East Indies Government which has been revoked in the UUPA. The principle of Domeinverklaring contradicts the legal awareness of the Indonesian people and the principles of an independent and modern State, especially in the 1945 Constitution which regulates State control of all agrarian resources which are essentially intended for the greatest prosperity of the people (Article 33 paragraph (3)).

scholarly journals Human and civil rights as a determiner of national state-building

Legal Ukraine ◽  
2020 ◽  
pp. 6-12
Author(s):  
Oleksandr Nelin
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Current Theory ◽  
The State ◽  
Theory And Practice ◽  
Legal Doctrine ◽  
Human Rights Protection ◽  
National Courts ◽  
European Court ◽  
The Right

At the present stage of their development the Ukrainian society and the state are characterized by their pursuit to provide maximum realization of human and civil rights and to create a full-scale civil society. Obviously, in this context, a significant attention is paid to the human rights in Ukraine, however there is insufficient research systematically conceptualizing the human rights employing philosophical and legal instruments and methodology. The author highlights that particular attention in the mechanism of organizational and legal remedies is paid to judicial and extrajudicial protection of human and civil rights. In accordance with the Article 55 of the Constitution of Ukraine the judicial protection of human and civil rights is maintained through the system of general jurisdiction courts of Ukraine. The state ensures the right of every person to appeal in court against any decisions, actions or inactivity of the state bodies, local self-government bodies and government officials that violate human and civil rights. In case of exhausting all remedies of his/her rights and liberties protection in national courts the person can appeal to the international courts, e.g. to the European Court of Human Rights. At present, Ukraine holds the third position in the number of its citizens’ appeals to this distinguished international legal institution. Every person is able to appeal to the extrajudicial institutions authorized to protect the constitutional human and civil rights and liberties. In Ukraine there is a special body for this purpose — the Ukrainian Parliament Commissioner for Human Rights, whose activities are determined by the Law of Ukraine «On the Ukrainian Parliament Commissioner for Human Rights» of 23 December, 1997. In case when all extrajudicial remedies of human rights protection are exhausted, a person has the right, guaranteed by the Constitution of Ukraine, to appeal to the international human rights organizations (Art. 55). In terms of the current theory and practice of guaranteeing the constitutional human and civil rights, together with the national regulatory, organizational and legal guarantees, it is worth to distinguish the international guarantees of the constitutional human and civil rights and liberties in Ukraine. The special international legal guarantees of the human and civil rights and liberties are usually divided into regulatory and institutional ones. Key words: human and civil rights and liberties, constitutional state, national legal doctrine, international law, imitation of human rights, constitutional and legal mechanism for ensuring human rights and liberties.

scholarly journals “The Court of the Fatherland”

2021 ◽  
Vol 17 (2) ◽  
pp. 54-63
Author(s):  
A. V. Smirnov
Keyword(s):  
Legal Aspects ◽  
The State ◽  
Criminal Cases ◽  
The Right ◽  
Law Making

The article deals with the problematic issues of the formation and development of the institution of trial by jury. Illuminated the question of the content and role of various conceptual approaches: is a jury a “court of the fatherland” or does it exist as long as the state sees its own interest in its existence. The author formulates his position on these approaches and their reflection in the legislation. The article also discusses the constitutional and legal aspects of the stated topic. In particular, the question of what is the constitutional and legal content of the right to trial by jury, and whether it can practically be reduced to zero by means of sectoral law-making, is raised and studied. The article examines the question of the competence of the jury-the categories of criminal cases that need to be considered. The article considers the problematic issues of the formation of a jury court and outlines possible ways to solve them.

scholarly journals ANALYSIS OF CIVIL PARTNERSHIP OF NOTARY BASED ON THE LAW OF NOTARY POSITION

2018 ◽  
Vol 2 (2) ◽  
pp. 21
Author(s):  
Fonni Fonni
Keyword(s):  
Profit Sharing ◽  
Civil Code ◽  
The State ◽  
Legal Problem ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Civil Partnership ◽  
The Law ◽  
Code Civil

This study aimed to find out and comprehend (1) the formation of a civil partnership of notary in the implementation of the notary’s position: (2) the application of the principles of civil partnership stipulation in the Civil Code to civil partnership of notary. This research is a normative research that is a process to find out laws, legal principles, and legal doctrine to answer the legal problem. This study employed a statutory, comparison, and conceptual approaches. The results of this study indicate that: (1) the formation of civil partnership is not in line with the implementation of the notary position because the main purpose of the formation of civil partnership is to seek profit, while the obligation of the notary profession is to give priority to the society and the state. (2) the principles of civil partnership stipulation in the Civil Code differ from the principles of stipulation in the formation of notary civil partnerships, in the case of profit sharing. The form of civil partnership (Code Civil) applies profit sharing whereas in civil partnership of notary there is no profit sharing, but each notary receives honorarium in return for his services without any honorarium sharing. Therefore, a revision of the use of a civil partnership of notary term used in the Law of Notary Position is required

scholarly journals The limits of transparency in administrative proceedings - The Hungarian approach

2018 ◽  
Vol 325 ◽  
pp. 307-316
Author(s):  
Gergely László Szőke
Keyword(s):  
Public Administration ◽  
The State ◽  
Freedom Of Information ◽  
Public Disclosure ◽  
The Public ◽  
Legal Provisions ◽  
Public Data ◽  
International Discourse ◽  
Administrative Proceedings ◽  
The Right

For both the functioning of the state and in a broader sense, that of society it is a key question to determine who has access to the public data, for what purposes, to what extent and on what conditions. The questions of disposal of, access to and public disclosure related to the data processed by the state concern several fields of law, and the coherency of the legal provisions is far not obvious. The aim of this study is to discuss a few aspects of this comprehensive issue. Since some of the public data are processed in public administration proceedings, the question of how public disclosure is enforced in the specific administrative proceedings, and more specifically, how compliant the Hungarian regulation of the freedom of information is with the right of inspection regarding concrete cases is examined. Although the research is focusing mainly on the Hungarian legislation, the findings of this essay may be also used in the international discourse.

scholarly journals Constitutional aspects of decent wage

2021 ◽  
pp. 101-106
Author(s):  
V.I. Fridmansʹka
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Legal Regulation ◽  
The State ◽  
Standard Of Living ◽  
Decent Work ◽  
Legal Doctrine ◽  
Advantages And Disadvantages ◽  
Minimum Requirements ◽  
The Right

The article examines the legal nature of decent wages, assesses the concept of wages through the category of its dignity, fairness and sufficient and decent standard of living, as well as analyzes the advantages and disadvantages of legal regulation of decent wages. Fair and satisfactory remuneration in this study is considered as a guarantee of a dignified existence of the person and his family and is perceived in the context of fair working conditions. The analysis of the concept of a dignified life is analyzed through the prism of constitutional and legal doctrine in the context of the main duty of the state. To this end, the basic international and European standards for ensuring the fundamental human rights to a fair reward, a fair existence and a sufficient standard of living for individuals and their families are considered. The right to fair remuneration is considered through the constitutional provisions of determining the main direction of the state to ensure human rights and freedoms and decent living conditions, recognition of man, his life and health, honor and dignity, inviolability and security of the highest social value and the establishment and protection of human rights human freedoms as the main duty of the state. An analysis of the main legal positions of the court of constitutional jurisdiction on the issues of determining a sufficient and decent standard of living, a decent human life, the minimum requirements for living in conditions worthy of a person and protection from poverty. It is proved that the success of the implementation of the elements of decent work in Ukraine requires coordinated actions of the social partners on the way to guarantee a decent salary as an important factor in the concept of decent work. It is concluded that the concept of "decent pay" is still not established and is in constant development. No normative legal act of Ukraine mentions the concept of "decent pay", so there is an urgent need for its constitutionalization. It is not necessary to limit the wording only to the content of such a concept, but also to determine the conditions and guarantees of compliance, provision and protection.

scholarly journals Theoretical and legal bases of protection of business entities from raiders in Ukraine

2020 ◽  
pp. 51-56
Author(s):  
N.S. Horobets ◽  
Ye.S. Pylypenko
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Criminal Liability ◽  
The State ◽  
Small Enterprises ◽  
Legal Principles ◽  
Business Entities ◽  
State Registration ◽  
The Right ◽  
Common Understanding

The article is devoted to the study of theoretical and legal principles of protection of business entities from raids in Ukraine due to the low level of quality of the system of protection of private property rights in the state. It is stated that for small enterprises the lack of financial resources and the risk of illegal seizure or takeover, ie "raiding", is a more common problem, but large enterprises are also subject to raids. It was found that raiding is a real threat to the integrity of enterprises, stable economic development and information security of the state, its danger is confirmed by data on the number of raider seizures of property in Ukraine. It is noted that one of the areas of counteraction to raiding is the consolidation at the legislative level of a common understanding of this concept, but the Civil Code of Ukraine, the Law of Ukraine "On Joint Stock Companies" deals only with certain aspects of raiding. Features of "white", "gray", "black" raiding are revealed. There are two ways to warn and protect businesses from raiding: the use of government tools and self-preventive protection of the enterprise. The state instruments of warning and protection of enterprises from raids include: legislative guarantees of inviolability of property and protection of property rights of enterprises in case of violation, criminal liability for misappropriation of property, the procedure of state registration of property rights, the right to apply for protection of rights and interests to the court and the Office for Combating Raiding at the Ministry of Justice of Ukraine. It is emphasized that only 20% of enterprises independently protect themselves from raider encroachment, which explains the large number of raider seizures in Ukraine. Among the methods of such protection, emphasis is placed on creating a reliable system of protection of information about the company, ensuring timely and full payment of dividends to shareholders, preventing the mass purchase of shares and monitoring the current situation. It is concluded that it is expedient to develop and consolidate at the legislative level a common understanding of the concept of "raiding", guarantees of warning and protection of business entities from raiding in Ukraine, improving the powers of courts and the Office for Combating Raiding in Ukraine to consider issues of registration of property rights of enterprises.

THE RIGHT TO JUDICIAL PROTECTION AS A CONSTITUTIONAL PRINCIPLE OF JUSTICE (ON THE EXAMPLE OF CIVIL PROCEDURE)

2021 ◽  
Vol 11 (1) ◽  
pp. 89-106
Author(s):  
A.A. FOMIN
Keyword(s):  
Regulatory System ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Constitutional Principle ◽  
Judicial Practice ◽  
Legal Security ◽  
The Right ◽  
Judicial Protection

Procedural and legal principles, among which the right to judicial protection is of fundamental importance, reflect the specific patterns of judicial protective legal relations, innovative ideas of procedural legal doctrine and the results of the development of judicial practice. The procedural principles of law serve as criteria for assessing the effectiveness of the country’s judicial and legal policy and further modernization of the judicial and judicial legislation. An algorithm for the formation of the principles of law, including the principles of civil (arbitration) legal proceedings, within the framework of the dialectical-materialistic paradigm of scientific knowledge is considered. It is noted that positive authorization in the regulatory system of the state at the constitutional or sectoral level is a necessary prerequisite for the transformation of objective laws of public life into the principles of law and their subsequent inclusion in the mechanism of legal regulation. At the same time, it is substantiated that when building the concept of procedural principles of law, one should rely on democratic tendencies in domestic and international processes, form a constitutional attitude and new approaches to the study of the system of principles of law on the basis of a combination of decades of experience of dialectical and materialistic perception of principles of law with natural law ideas. Particular attention is paid to the consideration of constitutional and sectoral powers that form the content of the right to judicial protection, as a procedural principle of law, and acting as guarantees of ensuring legal certainty and legal security of civil procedure. A number of practical proposals are made to improve the civil (arbitration) procedural legislation aimed at increasing the efficiency of the institution of judicial protection in modern Russia.

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