scholarly journals A RESPONSABILIDADE CIVIL DO ESTADO POR DANOS DECORRENTES DE ATOS JUDICIAIS

2021 ◽  
Vol 9 (210) ◽  
pp. 1-24
Author(s):  
RAPHAELA ARAUJO TEIXEIRA DA SILVA
Keyword(s):  
Civil Liability ◽  
The State ◽  
Concrete Case ◽  
The Subject ◽  
State Liability

The civil liability of the State for damages resulting from judicial acts is a subject much debated in the scope of jurisprudence and doctrine. As it is known the discussion on the civil liability of the State is old and extends to the present day, throughout history an attempt has been made to analyze the breadth of this type of liability and its impacts on society, and with the damages arising from non-judicial acts it was different. Although the institute of civil liability is comprehensive, this work will restrict itself to the discussion around the possibility of state liability in indemnity actions arising from judicial acts, whether due to judicial acts or judicial acts, will present favorable arguments and unfavorables present in the doctrine and jurisprudence on the subject, as well as the analysis in the concrete case of an action for damages.

scholarly journals ATAQUE DE CACHORRO: ESTADO DE NECESSIDADE OU LEGITIMA DEFESA?

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 168-174
Author(s):  
Débora Aparecida Mafra Moras ◽  
Danielle Yurie Moura da Silva
Keyword(s):  
Legal System ◽  
Human Action ◽  
The State ◽  
Penal Code ◽  
Scientific Article ◽  
Concrete Case ◽  
Self Defense ◽  
The Subject ◽  
The Right ◽  
Apparent Conflict

t treats the present scientific article of a study about the institutes of state of necessity and selfdefense, foreseen in the Brazilian legal system, in the Brazilian Penal Code, as an exclusionary cause of illegality. And, in this sense, the State that is not able to be present at all times guarantees the victim the right to evade or even defend himself from aggression. However, some situations may characterize an apparent conflict of norms, making it difficult to frame the correct institute in fact. One such case is the dog attack, making the subject a state of necessity and legitimate self- defense essential. The method applied was the legal deductive, based on the interpretation of the legislation, jurisprudence and doctrines. It is conclude that the attack of an irrational animal can be characterized as a state of necessity or self- defense, which will depend on the recognition of human action or not, an analysis that should be carried out in the concrete case

scholarly journals The concept and system of crimes committed by the auditor as a special subject

2020 ◽  
pp. 394-398
Author(s):  
Olena Vashchuk
Keyword(s):  
Civil Liability ◽  
Financial Statements ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Goods And Services ◽  
State Audit ◽  
The Subject ◽  
Audit Reports ◽  
Market Relations

The article distinguishes between state and non-state audit, and also defines the features of the last one. The main features of nonstateaudit include: a) the audit reports on financial statements, which is used mainly by customers, reduces their risks of making wrongdecisions when using it; b) the audit not only detects violations in the activities, but also provides assistance in their elimination; c) theauditor works on a contractual basis with the client, and therefore has the appropriate obligations to him and in case of non-performanceor improper performance is primarily a civil liability; d) during the audit it is necessary to pay for the services of auditors, which areincluded in the gross costs and cost of production, and ultimately paid by the buyer of goods and services; e) the auditor prepares areport in which he provides recommendations for the elimination of identified deficiencies and violations.Audit relations have a complex subjective system, which is characterized by its own means of legal regulation. The subject compositionof the audit relationship is not exhaustive, since the users of the information obtained as a result of the audit are an indefinitecircle of participants in market relations, including individuals, the state, foreign and international entities. It is concluded that professionalaudit crimes are socially dangerous guilty acts (action or inaction) that are committed by the auditor and are aimed at the legalrelations arising from the qualified provision of audit services, protected by the Criminal Code, and are in violation of professionalduties. Among the crimes provided for in the Criminal Code, it is expedient to single out professional audit crimes, taking into accountthe specifics of the subject of their commission. At the same time, it is necessary to classify these professional audit crimes accordingto the appropriate criteria, which can serve as a certain algorithm for qualification in case of their commission.

Criminal and Civil Liability

2020 ◽  
pp. 810-827
Author(s):  
Duncan Fairgrieve
Keyword(s):  
Criminal Liability ◽  
Civil Liability ◽  
Administrative Law ◽  
The State ◽  
Comparative Perspective ◽  
Future Research ◽  
Legal Systems ◽  
Current State ◽  
The Law ◽  
State Liability

This chapter discusses the liability of the state. Despite the great differences in constitutional context, administrative law, and procedure, all legal systems have had to address the issue of when compensation should be provided to citizens who have been negatively affected by the activities of the administration. The chapter thus provides an overview of the historical and modern approaches of state liability from a comparative perspective, in a variety of jurisdictions. It then gives consideration to some of the salient issues arising out of this complex area of the law. An addendum is then provided examining the issue of the criminal liability of the state. Particular focus is given to the current state of the existing scholarship on this topic, as well as identifying fruitful themes for future research.

scholarly journals On the institutional obstacles to bringing judges, arbitrators, and the state to civil liability

2021 ◽  
pp. 19-29
Author(s):  
Dmitrii Vladislavovich Chibinov
Keyword(s):  
Russian Federation ◽  
Dispute Settlement ◽  
Criminal Liability ◽  
Civil Liability ◽  
Civil Code ◽  
The State ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment ◽  
Legal Consequences

The subject of this article is the analysis of the approach of Russian legislator, which links the civil liability of a judge, arbitrator or the state (in accordance with Paragraph 2 of the Article 1070 of the Civil Code of the Russian Federation) with the criminal liability of a judge or arbitrator. The author also considers the following questions: the violation of victim’s right due to the actions of a judge or arbitrator; what would happen if a civil claim of compensation for damages is filed against a judge, arbitrator or the state prior to receiving a court verdict; what are the legal consequences of filing such “preliminary claim”; how to calculate the time allowed for filing a claim of compensation for damages caused to victims. The main conclusion of consists in the observation that the model selected by the legislator implies the creation of an institutional obstacle to compensation for losses caused in dispute settlement: the need for preliminary imposition of liability on a judge or. In this regard, the verdict of the court should not be considered as exclusive evidence of such an element of the tort as "guilt". The victim would not be able file claims for damages against a judge, arbitrator, or the state prior to receiving the correspondent court verdict, and the submitted claim should not be accepted for trial. Thus, the time allowed for filing a claim of compensation for damages starts from the moment of receiving a court verdict, which has entered into force against a judge or arbitrator.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

PLANEJAMENTO FAMILIAR COMO ASSUNTO DE MULHER!? PERFIL DE GÊNERO NA PRODUÇÃO CIENTÍFICA NO BRASIL

2019 ◽  
Vol 8 (1) ◽  
pp. 221-235 ◽  
Author(s):  
Daniella De Paula Chiesa ◽  
Mário Antônio Sanches ◽  
Daiane Priscila Simão-Silva
Keyword(s):  
Family Planning ◽  
Scientific Literature ◽  
State Of The Art ◽  
Health Sciences ◽  
Scientific Production ◽  
The State ◽  
Review Of The Literature ◽  
The Subject

O estudo do Planejamento familiar, no contexto da bioética, abre-se para diversas perspectivas, entre elas a valorização dos seus diferentes atores. Situado neste contexto o artigo tem como objetivo identificar o perfil de gênero na produção científica sobre Planejamento Familiar no Brasil, entre 2000 e 2014, assim como a área de formação e especialização dos autores. Foram utilizadas metodologias que permitiram mapear o estado da arte do tema estudado, a partir de uma revisão da literatura. O resultado da pesquisa identifica que a produção científica sobre Planejamento Familiar no Brasil se compõe de perfil destacadamente feminino (71,76%). Dos 73 artigos analisados, 42 (57,53%) o foco do tema está direcionado à mulher assim como evidencia-se a área de ciências da saúde com maior concentração das publicações do tema.  Este aspecto da pesquisa abre para uma realidade complexa onde se buscam criticamente as razões para a pesquisa em Planejamento Familiar ter ênfase na mulher e ser um tema de relevância nas ciências da saúde.Palavras-chave: Produção científica, Planejamento Familiar, Gênero.  ABSTRACT: The study of Family Planning, in the context of bioethics, opens to diverse perspectives, among them the appreciation of their different agents. Situated in this context the article aims to identify the profile of gender in scientific literature on Family Planning in Brazil, between 2000 and 2014, as well as the area of training and specialization of the authors. Methodologies were used which allowed to map the State of the art of the subject studied, from a review of the literature. The results found identify that the scientific production on Family Planning in Brazil is formed with a outstandingly female profile (71,76%). Of the 73 articles examined, 42 (57.53%) the focus of the topic is directed to women as well as showing the health sciences area with highest concentration of publications. This aspect of the research opens to a complex reality where we seek critically the reasons for Research in Family Planning have emphasis on woman and be a topic of relevance in health sciences.Keywords: Scientific Production, Family Planning, Gender.

The state of democracy in the European Union in scenarios: federation, empire and Europe à la carte

2016 ◽  
pp. 90-108
Author(s):  
Marta Witkowska
Keyword(s):  
European Union ◽  
Reference Point ◽  
The State ◽  
The European Union ◽  
Scenario Development ◽  
Normative Approach ◽  
Norms And Values ◽  
The Subject ◽  
The Eu ◽  
A La Carte

The aim of the article is to present possible scenarios on maintaining democracy in the EU, while assuming different hypothetical directions in which it could develop as a federation, empire and Europe à la carte. Selected mechanisms, norms and values of the EU system that are crucial for the functioning of democracy in the European Union are the subject of this research. The abovementioned objective of scenario development is achieved through distinguishing the notions of policy, politics and polity in the research. In the analysis of the state of democracy in the European Union both the process (politics) and the normative approach (policy) have been adopted. The characterised norms, structures, values and democratic procedures in force in the EU will become a reference point for the projected scenarios. The projection refers to a situation when the existing polity transforms into a federation, empire or Europe à la carte. The article is to serve as a projection and is a part of a wider discussion on the future of the basis on which the European Union is build.

Studies of Islam, Economics, and Governance

1994 ◽  
Vol 11 (1) ◽  
pp. 38-70
Author(s):  
Florence Eid
Keyword(s):  
United States ◽  
Ford Foundation ◽  
The United States ◽  
The State ◽  
Edward Said ◽  
The Subject ◽  
State Of Research ◽  
Traditional Approaches ◽  
Islamic Values

IntroductionThis paper is a report on the state of research in two areas of Islamicstudies: Islam and economics and Islam and governance. I researched andwrote it as part of my internship at the Ford Foundation during the summerof 1992. On Discourse. The study of Islam in the United States has moved far beyondthe traditional historical and philological methods. This is perhapsbest explained by the development of analytically rigorous social sciencemethods that have contributed to a better balance between the humanisticconcerns of the more traditional approaches and efforts at systematizingthe study of Islam and classifying it across boundaries of communities,religions, even epochs. This is said to have s t a d with the developmentof irenic attitudes towards Islam, which changed the direction of westemorientalist writings from indifference (at best) and often open hostility toand contempt of Islamic values (however they were understood) to phenomenologicalworks by scholars who saw the study of Islam as somethingto be taken seriously and for its own sake, which is best exemplifiedby Clifford Geertz's Islam Observed.The work of Edward Said contested this evolution, and the publicationof his Orientalism has been described as "a stick of dynamite"' that,despite its impact in mobilizing a reevaluation of the field, was unwarrantedin its pessimism. In any case, the field has continued to evolve,with the most powerful force moving it being the subject itself. Thephenomenological/orientalist approach, if we can point to one today, ...

ANALYSIS OF THE STATE AND DEVELOPMENT OF THE MAIN INDICATORS OF THE AGRICULTURAL SECTOR OF THE ECONOMY OF THE TOKTOGUL REGION OF KYRGYZSTAN

2020 ◽  
Vol 2 (11) ◽  
pp. 71-73
Author(s):  
M. U. USUPOV ◽  
Keyword(s):  
Financial Institutions ◽  
Agricultural Sector ◽  
The State ◽  
Market Demand ◽  
Agricultural Producers ◽  
Money Markets ◽  
Agricultural Enterprises ◽  
State Of The Economy ◽  
The Subject ◽  
Production Losses

The article is devoted to the state of the economy of the subject of the agricultural sector – the Toktogul region of Kyrgyzstan, as well as the formation of a land division, which is impossible without an influx of investments and ensuring the availability of monetary resources for agricultural producers. In our time, innovation is becoming the main means of increasing the benefits of economic entities by better meeting market demand and reducing production losses compared to competitors. Despite repeated attempts by the country to create a system of lending to agricultural companies, only a small percentage of them use credit resources. Various state aid schemes support a competitive environment in the money markets and guarantee relatively equal access to them for financial institutions and agricultural enterprises.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

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