Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

Problems of Legal Regulation in the Digital Space Relations

2020 ◽  
Vol 2 (2) ◽  
pp. 126-147
Author(s):  
A. N. Vashchekin ◽  
◽  
A. V. Dzedzinsky ◽  
Keyword(s):  
Theoretical Basis ◽  
Legal Regulation ◽  
Digital Environment ◽  
International Treaties ◽  
Digital Rights ◽  
Digital Space ◽  
Legal Method ◽  
Balance Of Interests ◽  
Basic Concepts ◽  
The Right

Introduction. The era of digitalization sets for researchers the task of systematizing the essential features of digital space, identifying the essence of the “right to the Internet” and the legitimacy of limiting the digital rights of citizens. Theoretical Basis. Methods. The authors studied the peculiarities of the digital environment as a specific integral area of legal regulation, the doctrine and legislation of several countries on the topic which determines the basis for the regulation of digital space in Russia. The formal legal method, synthesis, analysis, induction and deduction were used as research methods. Results. The wording of the basic concepts in the area under study is proposed: digital space, digital region, digital platform, etc. The measures to eliminate “digital wells” are indicated. The main properties of the information space and its derivatives are considered. The effects of any contradictions in the legislation of the country are shown. Discussion and Conclusion. As the study showed, the latest innovations in the legislation contravene the principle of the balance of interests, fail to meet the requirements of observing the rights of a person and citizen, and contradict the Constitution and international treaties of Russia. When comparing these measures with their foreign counterparts, a search was made for their potential shortcomings and proposals were presented on possible directions for their correction, taking into account the particular characteristics of digital space.

scholarly journals Eksekusi Aset Debitor yang Berada Di Luar Negeri dalam Penyelesaian Sengketa Kepailitan

SASI ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 121
Author(s):  
Rizka Rahmawati
Keyword(s):  
Legal Regulation ◽  
Conceptual Approach ◽  
Cross Model ◽  
Bilateral Agreements ◽  
Accounts Payable ◽  
Sense Of Security ◽  
Debt Repayment ◽  
The Republic ◽  
The Right ◽  
Court Process

In order to carry out business activities, it is not uncommon for someone to make a debt to have enough capital. These accounts payable activities of course require objects that are a guarantee to give a sense of security to creditors. In its development it is not uncommon for collateral objects to be held by debtors abroad. However, if the collateral object is located abroad, it will not be easy to execute as a debt repayment tool because of the state sovereignty that must be respected and the territoriality principle adopted by a country. The problem in this writing is about how Indonesia's national legal regulation regarding debtors 'assets is located abroad and how efforts can be made so that debtors' assets residing abroad can be executed as debt repayment tools. This research will be conducted using a type of normative juridical research with a type of legislative approach (concept approach) and a conceptual approach. According to the provisions of Article 212 PKPU UUK, that property owned by bankrupt debtors abroad can be used as bankrupt boedel. The provisions of the article give the right to a creditor to obtain repayment by using debtor's assets which are not bound to him which are outside the jurisdiction of the Unitary State of the Republic of Indonesia. In order for collateral objects to be used abroad to be used as a debt repayment tool, a number of ways can be taken, namely by a general court process, bilateral agreements (diplomatic agreements), diplomatic channels, or using the UNCITRAL Law on Cross Model. Border Insolvency with Guide to Enactment.

scholarly journals PERLINDUNGAN HAK WARGA NEGARA ATAS LINGKUNGAN HIDUP YANG SEHAT DIKAITKAN DENGAN MANFAAT PENERIMAAN NEGARA DARI PRODUKSI ROKOK

2018 ◽  
Vol 1 (1) ◽  
pp. 1328
Author(s):  
Billy Samuel ◽  
Rasji .
Keyword(s):  
Legal System ◽  
Research Method ◽  
Good Health ◽  
Legal Culture ◽  
Public Confidence ◽  
Healthy Environment ◽  
Health Services Need ◽  
The Republic ◽  
The Government ◽  
The Right

Cigarettes is a culture that has existed since time immemorial and has come down to the heir of the nation to this day, cigarettes which initially is a habit that is done to fill the vacuum of time, has now turned into something that makes people dependence on cigarettes. Therefore based on the 1945 Constitution of the State of the Republic of Indonesia in Article 28H paragraph (1) states that the right of citizens to obtain a good and healthy environment, and get good health services, need to be regulated further about health, especially the imposition cigarette. Now cigarettes that use tobacco which is one of addictive substances, has been regulated further by Law Number 36 Year 2009 About Health which is one of the realization of the ideals of the Constitution Article 28H Paragraph (1). However, control isn’t enough, in fact the government only carries the imposition of excise products that containing addictive substances. The research method used is normative legal research method that comes from primary, secondary, and supported by interview with related experts, which is analyzed deductively. In addition, the theory of the legal system not only refers to the substance of the law but also supported the legal culture that is more directed to the attitude of society, public confidence, values adopted by society and their ideas or expectations that determine how the legal system to obtain a place that is appropriate and acceptable to citizens within the framework of better society culture for Indonesia.

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.

Holding Peaceful Assemblies in the Republic of Kazakhstan: Rights of Citizens and Administrative Liability

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 870
Author(s):  
Timur K. AVENOV
Keyword(s):  
Constitutional Law ◽  
General Characteristic ◽  
Legal Regulation ◽  
International Standards ◽  
Legal Norms ◽  
Foreign Countries ◽  
Legal Model ◽  
The Republic ◽  
The Right ◽  
Mass Events

The article considers the matters of constitutional and administrative-legal regulation of the right to peaceful assembly in the Republic of Kazakhstan (RoK) and a number of foreign countries. Since there is a lot of publications dedicated to the study of compliance of this legislation to international standards, the analysis has been conducted by the following criteria: the general characteristic of the right to freedom of assembly from the viewpoint of international and constitutional law standards, the principles of organization and holding of public assemblies, the procedure of organization of a public assembly and its holding, and the liability for breaching this procedure. The author shows that the current incoherence of legal norms in this area prevents from developing a unified legal model for administrative liability for breaching public order and safety when holding mass events. Based on the study of normative and research materials in administrative and constitutional law, legal principles and approaches to freedom of assembly in international law and the law of a number of foreign countries, the author proposes options to improve the conceptual framework of legislation concerning assembly and mass events, to formulate proposals that will allow efficiently and legally applying administrative liability for breaching the RoK law concerning the procedure of organization and holding of peaceful assemblies, rallies, marches, pickets and demonstrations. Primary provisions and conclusions of the article can be used in scientific and practical activity when considering issues of holding liable for offences infringing constitutional rights of citizens and the established procedure for organizing and holding peaceful assemblies, rallies, marches, pickets and demonstrations, and to reform the norms of legislation on administrative offences.

The Limits of Self-Determination: The Case of the Katanga Secession

1962 ◽  
Vol 56 (2) ◽  
pp. 404-416 ◽  
Author(s):  
René Lemarchand
Keyword(s):  
The United States ◽  
Self Determination ◽  
United States Government ◽  
Small States ◽  
The World ◽  
States Government ◽  
Republic Of The Congo ◽  
The Republic ◽  
The Government ◽  
The Right

Not the least paradoxical aspect of the United Nations mandate in the Congo, as described in the three-power resolution adopted by the Security Council on November 24, 1961, is that it was designed to prevent the exercise of a right which is explicitly recognized by the Charter. In effect, by “completely rejecting the claim of the Katanga as a sovereign independent Nation” and “recognizing the government of the Republic of the Congo as exclusively responsible for the conduct of the external affairs of the Congo,” the authors of the resolution clearly denied the provincial authorities of the Katanga the right to self-determination. Similarly, the support given by the United States government to the resolution, reaffirmed in several official statements, seems hardly compatible with our long-standing moral commitment to the Wilsonian principle that “the small states of the world have a right to enjoy the same respect for their sovereignty and territorial integrity that the great and powerful states expect and insist upon.” Actually, what may at first sight appear to be a sign of inconsistency is rather a reflection of the fundamental ambiguity in the concept of self-determination.

scholarly journals First minister (prime minister) of the Fifth French Republic: Between the significant constitutional position and the prevailing practice in the shadow of the head of state

2021 ◽  
Vol 55 (1) ◽  
pp. 223-252
Author(s):  
Milan Rapajić
Keyword(s):  
Prime Minister ◽  
Executive Branch ◽  
Political Life ◽  
The Political ◽  
Political Responsibility ◽  
Political Practice ◽  
Head Of State ◽  
The Republic ◽  
The Government ◽  
The Right

One of the characteristics of the system of government in the Fifth French Republic is the strengthened position of the head of state, but also the existence of the first minister as a constitutional category with a significant role. The constitution provides the political responsibility of the government with the Prime Minister and ministers before parliament. Certain French writers have opinion that the Prime Minister appears as the central figure of the constitutional structure. The Prime Minister shall direct the actions of the Government. This is 21 of Constitution. Also, there are specific powers that put the Prime Minister in the position of its real head of government. Among the prime minister's most important powers is his right to elect members of the government. It is the right to propose to the President of the Republic the appointment but also the dismissal of members of the government. The Prime Minister is authorized to re-sign certain acts of the President of the Republic. In case of temporary impediment of the head of state, the Prime Minister chairs the councils and committees for national defense, as well as the Council of Ministers. The paper analyzes the constitutional provisions that lead to the conclusion that the position of the Prime Minister is institutionally constructed as strong. Political practice, with the exception of periods of cohabitation, has indicated that most prime ministers have been overshadowed by mostly powerful heads of state. For that reason, it is necessary to analyze the political practice of all eight presidential governments. A review of the already long political life that has lasted since 1958. points to the conclusion that in its longest period, presidents of the Republic dominated the public political scene. The Prime Minister has a more pronounced role in the executive branch during cohabitation periods. However, nine years in three cohabitations cannot change the central conclusion of this paper that the dominant political practice of the Fifth Republic has led to the Prime Minister being essentially in the shadow of the head of state.

scholarly journals Calon Perseorangan dalam Pemilihan Umum Kepala Daerah

2014 ◽  
Vol 4 (01) ◽  
pp. 112-135
Author(s):  
Sri Warjiyati
Keyword(s):  
Political Institutions ◽  
Political Party ◽  
General Election ◽  
Local Election ◽  
Individual Candidate ◽  
The Republic ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Independent Candidates

Abstract: This article discusses the individual candidate in the general election of regional head in political jurisprudence perspective. Before the Mahkamah Konstitusi’s decision No. 5/PUU-V/2007 pointed out, the individual candidate could have enter the two political institutions; first, in the 2004 general election, the individual candidate competed to get into the institution of the Regional Representative Council of the Republic of Indonesia; second, Undang-Undang No. 11 tahun 2006 regarding with the Government of Aceh where the individual candidate could compete with the candidates promoted by the national political party in electing the regional head in all over Aceh. The decision of Mahkamah Konstitusi No. 5/PUU-V/ means that the local head election held in various regions can include the individual independent candidate. In political jurisprudence perspective, mechanism of the individual candidacy in the election has already in accordance with the concept of maslahah al-‘ammah ie. hifdz al-ummah.  In this case, any of the individual independent candidates who nominate themselves as the regional head cannot be discriminated and they deserve the right to nominate to be in line with the Mahkamah Konstitusi’s decision.Keywords: Candidate, individual, local election, jurisprudence, siyasah

scholarly journals The Right to Privacy and Private Detective Activities in Lithuania

2012 ◽  
Vol 5 (2) ◽  
pp. 1-26
Author(s):  
Mindaugas Bilius
Keyword(s):  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Right To Privacy ◽  
Public Authorities ◽  
The Right To Privacy ◽  
Private Detective ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

ABSTRACT Private detectives have been providing their services in Lithuania for about a decade; however, only now has the Seimas of the Republic of Lithuania started to discuss whether it is expedient and necessary to regulate the activities of private detectives by means of a separate law. One of the goals of a separate legal regulation of private detective activities is the protection of human rights, particularly the right to privacy. This article examines the provisions of national and international legislative acts related to the private life of a person, and assesses the opportunities of a private detective to provide private detective services without prejudice to the provisions of applicable legislative acts. The article concludes that a private detective is not an authorized (public) authority and there is no possibility to assess in each case whether the interests of a person using the services of private detectives are more important than those of other persons, which would allow for violating their rights to private life. The limits of an individual’s right to privacy can only be narrowed by a particular person, giving consent to making public the details of his/her private life. It is the only opportunity for a private detective to gather information related to the private life of a citizen. Currently applicable legislative acts in Lithuania do not provide for opportunities for private subjects to collect personal data without that person’s consent. This right is granted only to public authorities and with the court’s permission

scholarly journals Hak-hak Konstitusional Anak terkait Penelantaran Akibat Perceraian

2021 ◽  
Vol 1 (1) ◽  
pp. 27-35
Author(s):  
Yusnani Hasyimzum ◽  
Keyword(s):  
Human Rights ◽  
Child Neglect ◽  
Growth And Development ◽  
Future Generation ◽  
Children's Rights ◽  
Special Consideration ◽  
Constitutional Rights ◽  
The Republic ◽  
The Government ◽  
The Right

Abstract Children, both boys and girls, are considered state assets because they represent the nation's future generation. Children's development and growth require special consideration and protection on the part of parents, family, society, nation, and state. Children's constitutional rights are regulated in the 1945 Constitution, which guarantees the welfare of every citizen, including protection against violations of children's rights, which are considered human rights. Every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination, as mandated by the 1945 Constitution of the Republic of Indonesia; additionally, every child has the right to survival, growth, and development, as well as the right to be protected from violence and discrimination; The issue is why the constitutional rights of children who have been neglected as a result of divorce have not been fully complied with and what legal safeguards have the government implemented to reduce the number of child neglect victims.

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