scholarly journals EVOLUTION OF ANTI-CORRUPTION LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN DURING THE PRESIDENCY OF N.A. NAZARBAYEV

2020 ◽  
Vol 4 (2) ◽  
pp. 169-178
Author(s):  
A.A. Pass
Keyword(s):  
Abuse Of Power ◽  
Legal Norms ◽  
The Supreme Court ◽  
Provision Of Services ◽  
The Subject ◽  
The Republic ◽  
Procurement Procedure ◽  
International Conventions ◽  
Positive Results ◽  
State Functions

The development of the legal norms of the Republic of Kazakhstan aimed at countering corruption is presented. The content of the relevant Decrees of the President N. A. Nazarbayev, parliamentary legislative acts, articles of the Criminal and Administrative Codes, decisions of the Supreme Court were reviewed. The format of the special scientific expertise has been analyzed, through which the prepared draft laws on the subject of the corruption component should pass. Attention is paid to the optimization of such state functions as the procurement procedure and the provision of services, where corruption risks are traditionally high. The positive results of filling positions in the executive bodies of power in the manner based on the principles of meritocracy are noted. The importance of preventive educational measures among the population in relation to bribery is shown. The conclusion is made about the need for further implementation of a number of provisions of international conventions in the internal regulatory framework that have proven to be effective tools to curb the abuse of power for mercenary purposes.

scholarly journals Features of the implementation of a public offer agreement in e-commerce in Ukrainian, Polish and Russian law

2020 ◽  
Vol 5 (5) ◽  
pp. 133-138
Author(s):  
Oleksandr Kosychenko ◽  
Illia Klinytskyi
Keyword(s):  
Legal Regulation ◽  
Electronic Format ◽  
Optimal Solutions ◽  
Provision Of Services ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
The Republic ◽  
Public Offering ◽  
Public Offer

Given the specifics of the provision of services and sales of goods on the Internet, the contract of public offer is the most common and close to the electronic format of the agreement. However, in Ukraine, the Russian Federation and the Republic of Poland, as in other countries, the use of this type of legal instruments has a number of problems related to the legal regulation and the procedure for concluding an agreement. This paper examines the main aspects of the legal implementation of public offer agreements in the above countries. Thus, the subject of the study is the contract of public offering as a legal phenomenon. The purpose of the work is to determine the main problems of concluding a public offer contract in electronic mode, and to find optimal solutions in the context of the stated issues, based on the legislation and practice of selected countries

Homework under the law

2021 ◽  
Vol LXXXII (2) ◽  
pp. 153-160
Author(s):  
Michał Długosz
Keyword(s):  
Social Problem ◽  
International Agreements ◽  
Legal Norms ◽  
Constitutional State ◽  
The Subject ◽  
The Law ◽  
The Republic

Giving too much complex homework has become a significant social problem and the subject of unsuccessful activities of constitutional state authorities. In light of the Constitution of the Republic of Poland, international agreements that Poland is bound by, as well as domestic regulations, the practice of giving homework to students seems to be unjustified or even to be in breach with numerous legal norms.

scholarly journals Disparitas Penuntutan Pada Perkara Tindak Pidana Penganiayaan dalam Sistem Pemidanaan di Indonesia

2019 ◽  
Vol 1 (1) ◽  
pp. 66-78
Author(s):  
Benny Leonard Saragih ◽  
Ediwarman Ediwarman ◽  
Muaz Zul
Keyword(s):  
Supreme Court ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Internal Factors ◽  
Legal Norms ◽  
The Public ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
The Republic ◽  
Substantive Law

Difference in punishment or sentencing disparity is basically a natural thing because it can be said almost no case that is really the same. Disparity becomes a problem when the range of the sentence imposed differences between similar cases so large, giving rise to injustice and can give rise to suspicions in the community. Disparities in the Criminal (disparity of sentencing) is not the same as the application of criminal offenses against the same (same offense) or the criminal acts that are dangerous to be compared (offenses of comparable seriousness) without clear justification. Based on Law No. 16 of 2004 which replaced Law No. 5 of 1991 About the Prosecutor of the Republic of Indonesia is an institution in the field of prosecution of the main authority of the public prosecutor act prosecution about what is meant by the prosecution as well as the reference to the provisions of Article 1 point 7 and Article 137 Law No. 8 of 1981 on the Law of Criminal Procedure Code (Criminal Code). Research Methods in writing this thesis carried out by the method of normative law, namely analyzing and searching for answers to the problems raised by the substantive law / legal norms contained in the rules of law, the Supreme Court Regulation (PERMA), the Supreme Court Circular, and etc. Factors that cause the disparity criminal offense namely Legislation Provisions factors, internal factors and external factors.

scholarly journals The peculiarities of exclusion of property necessary for professional activity of an insolvent individual from the bankruptcy estate

2021 ◽  
pp. 50-62
Author(s):  
Viktor Aleksandrovich Sharonov
Keyword(s):  
Russian Federation ◽  
Case Law ◽  
Professional Activity ◽  
Bankruptcy Law ◽  
Legal Norms ◽  
Procedure Code ◽  
The Supreme Court ◽  
Bankruptcy Procedure ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the legal norms on the procedure for excluding the property necessary for debtor’s professional activity from the bankruptcy estate. The article covers the question on the possibility of excluding property necessary for the debtor to conduct professional activity, the value of which is 10,000 rubles or higher, from the bankruptcy estate. The goal of this works consists in consideration of a broader interpretation of provisions of the Paragraph 5 of the Part 1 of the Article 446 of the Civil Procedure Code of the Russian Federation jointly with clarifications of the Paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 25, 2018 No. 48 “On Certain Questions related to the Peculiarities of Formation and Distribution of the Bankruptcy Estate in Cases of Bankruptcy of Citizens” applicable to property of the debtor within the framework of insolvency (bankruptcy) procedure. The author analyzes the relevant civil legislation and insolvency (bankruptcy) law, as well as case law on topic. This article is one of the first attempts to systematize the relevant case law on the subject of exclusion of property necessary for debtor to conduct professional activity from the bankruptcy estate. Based on the results of analysis of the case law, national civil legislation and insolvency (bankruptcy)l law, the conclusion is made on impossibility of exclusion of property used by the debtor for professional activity, the value of which exceeds 10,000 rubles, from the bankruptcy estate in view of the failure of the economic model used by the citizen to ensure a normal life. The author questions the need to extend executive privilege onto the debtor’s property, which is required to conduct professional activity under the insolvency (bankruptcy) law.

OSIGURANjE OD SAJBER ODGOVORNOSTI

2021 ◽  
Author(s):  
Danijela Glušac ◽  
Keyword(s):  
Modern World ◽  
Special Importance ◽  
Cyber Insurance ◽  
Provision Of Services ◽  
The Subject ◽  
The Republic ◽  
Legal Sense ◽  
Concept Type ◽  
Modern Technologies ◽  
Limited Scope

In the modern world, insurance is of special importance due to its relevance in a positive legal sense, in the light of modern tendencies, the existence of new regulations and sources of law. On the market of one country, the insurance business belongs to the service activities, ie. among those activities whose main feature is the provision of services, where the service is any activity or benefit that one party can offer to the other. Cyber insurance aims to cover the risks that come with modern technologies. The subject of the research also consists in answering to the disputable questions regarding to the concept, type and risks of cyber insurance in order to to put a light on significant segments of this topic as well as solutions in the Republic of Serbia. In the following text, having in mind the complexity of the topic, and the limited scope of work, a review will be made of the main specifics of this type of insurance.

scholarly journals Informacja handlowa i marketing bezpośredni bez uprzedniej wyraźnej zgody – wybrane zagadnienia

Radca Prawny ◽  
2021 ◽  
pp. 165-190
Author(s):  
Piotr Kantorowski
Keyword(s):  
Electronic Communication ◽  
Direct Marketing ◽  
Personal Data ◽  
Marketing Communication ◽  
Legal Regulations ◽  
Legal Norms ◽  
Explicit Consent ◽  
Provision Of Services ◽  
Marketing Activities ◽  
The Subject

Commercial information and direct marketing without prior and explicit consent – selected issues The aim of the article is to examine legal regulations in the context of answering the question whether – and if so, then under which circumstances – marketing activities performed via means of electronic communication are legal when the party conducting these activities does not have the prior and explicit consent to perform them. In particular, the article will analyze the provisions of Article 10 of the Act on provision of services by electronic means and Article 172 of the Act – telecommunication law, which are the key legislative provisions to resolve this issue. To answer the question posed in the article, the subject and object scopes of both legal norms in particular will be compared. Such a comparison is necessary to determine whether – and if so, then what kind of – marketing communication can be made without prior and explicit consent. On the other hand, the author will not discuss more broadly the issues concerning the processing of personal data, although he will draw attention to the conditions that must occur in order for the personal data held by the controller to be used for the purposes identified above.

scholarly journals Criminal TV report: assessment methodology (on the example of the Republic of Buryatia)

2020 ◽  
pp. 49-55
Author(s):  
Tatiana Robertovna Lenkhoboeva
Keyword(s):  
Ethical Standards ◽  
Assessment Methodology ◽  
Technological Parameters ◽  
Legal Norms ◽  
Detailed Assessment ◽  
The Subject ◽  
The Republic ◽  
A Minor

This article attempts to develop methodology for assessing criminal TV reports. The subject of this research is the criteria for assessing the quality of criminal TV report. For conducting detailed assessment of criminal TV report, all criteria were divided into four groups: compliance with legal norms; observance of ethical standards; usage of legal terminology; and adherence to technological parameters. For the assessment of first criterion, all legal norms in criminal TV report can be divided into the following categories: appropriate coverage of investigation, coverage trial, and coverage of situation when the offender or the victim is a minor. In assessment of the parameter “usage of legal terminology", it is emphasized that the journalist should apply such terms as “suspect” and “offender” properly. In analysis of the third parameter, we author relies on the criteria proposed by S. A. Muratov. The questions of improvement of TV content, specifically with regards to criminal journalism, remain relevant. This described methodology would help to improve the forms of submission of the materials and heighten the interest of target audience of mass media. The research was conducted in several steps. Firstly, the author examined the structure of criminal content of Arig Us TV channel. Secondly, , carried out classification of criminal TV reports by topic. Thirdly, developed parameters and criteria for quality assessment of criminal TV reports. And finally, at the stage of testing, analyzed the quality of criminal TV reports. The methods used in the course of this research include classification, analysis, and paperwork.

scholarly journals Child Protection When Travelling Abroad

2019 ◽  
Vol 25 (2) ◽  
pp. 153-157
Author(s):  
Rumenov Angelov Milen
Keyword(s):  
Child Protection ◽  
General Meeting ◽  
Case Law ◽  
Best Interests ◽  
The Supreme Court ◽  
The Family ◽  
The Subject ◽  
The Republic ◽  
Travel Abroad ◽  
Family Code

Abstract The article examines child protection when travelling abroad with only one parent or someone who is not a parent or a guardian set by national and EU legislation. It analyzes cases when one of the parents does not allow their child to travel abroad with the other one. Methods of protecting the children’s best interests, as well as introducing the substitute consent have been presented. The development of the European Union’s legislation and case-law on the subject are scrutinized. The study also covers the national legislation of the Republic of Bulgaria in the field of protecting the child’s interests. The preconditions that have led to the legislative initiative on the adoption of Art. 127a of the Family Code referring to the court’s consent to a child travelling abroad with only one of the parents are analyzed. Next, there are prerequisites leading to the adoption of the Interpretative Decision No 1 of 03.07.2017 at a General Meeting of the Civil Division of the Supreme Court of Cassation of the Republic of Bulgaria, which develops the framework in the field of granting a court permit for child’s travelling. What is examined are the exact interests of the child that should be protected when the court gives the consent substituting the parental one. The case-law of the subject is followed in order to maximize its improvement in the protection of the rights and interests of the children living with one of their parents.

scholarly journals Control of the Constitutionality of European Union Law by Means of Constitutional Complaints

2021 ◽  
Vol 47 (4) ◽  
pp. 189-205
Author(s):  
Ilona Grądzka
Keyword(s):  
European Union ◽  
European Integration ◽  
Great Influence ◽  
The European Union ◽  
Constitutional Courts ◽  
European Union Law ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Subject ◽  
The Republic

The subject of this article is the institution of the constitutional complaint, which is analysed in connection with European integration. It should be noted that Poland’s membership of the European Union has had a great influence, not only on the system of national law, but also on the jurisprudence of the Polish Constitutional Tribunal; therefore considerations are carried out here mainly in relation to the Constitutional Tribunal.            In examining the issue of the constitutional complaint, the following assumptions may be stated. First, the constitutional-complaint procedure, is in fact, the examination of the compliance of legal norms with the Constitution, any deviation being related to the entities initiating proceedings before the Constitutional Tribunal, Article 191(1)(6), of the Constitution[1], and to the material scope of the complaint, as determined in Article 79 of the Constitution. Second, there is no doubt that the constitutional complaint can become an important legal instrument shaping the jurisprudence of the Polish Constitutional Tribunal, which has to face constitutional issues related to European integration[2]. Following the example of the practice of other Member States, e.g. Germany, the Tribunal may use the institution of the constitutional complaint as a means of controlling the compliance of the secondary law of the European Union with the Constitution of the Republic of Poland.   [1] The Constitution of the Republic of Poland, Journal of 2 April 1997, Journal of Law 1997, No. 78, item 483, as amended. [2] The literature on the subject indicates that the membership of nation States of the European Union obliges constitutional courts to act in the field of integration. Their task is to set the boundaries and conditions for the integration process. Jurisprudence in this area is referred to as acquis constitutionnel. Cf. Aleksandra Kustra, “Model skargi konstytucyjnej jako czynnik kształtujący orzecznictwo sądów konstytucyjnych w sprawach związanych z członkostwem państwa w Unii Europejskiej,” Państwo i Prawo, no. 3 (2015): 35.

scholarly journals Implementation of Article 87 Law Number 2 of 2004 Concerning Resolution of Industrial Relations in the Court of Industrial Relations in Article of the Republic of Indonesia

2020 ◽  
Vol 2 (3) ◽  
pp. 198-211
Author(s):  
Setia Permana ◽  
T. Subarsyah ◽  
Evita Firdatunnisa
Keyword(s):  
Labor Unions ◽  
Trade Unions ◽  
Labor Union ◽  
Industrial Relations ◽  
Legal Counsel ◽  
Legal Norms ◽  
Positive Law ◽  
The Supreme Court ◽  
The Republic ◽  
Legal Consequences

The formulation of article 87 of Law Number 2 of 2004 in its implementation still requires firmness to provide certainty that what is meant by trade unions / labor unions that can become legal counsel to proceed at the Industrial Relations Court to represent their members are trade unions / labor unions located in in the company or including labor unions / labor unions outside the company. The purpose of this study is to describe / describe the rights and authority of trade unions / labor unions as legal counsel in the process of resolving industrial relations disputes along with descriptions (describing) the legal consequences related to the rights and authority of trade unions / labor unions .The type of research used is normative law which is intended to examine the provisions of positive law. The method of approach used in this study is the approach: normative law, which examines the legal norms that apply, both in the form of laws, implementing regulations and other regulations that have links with the issues discussed in the study. Settlement of industrial relations disputes can be done through resolutions outside the Industrial Relations Court (Non-Litigation) and in the Industrial Relations Court (Ligitation). Implementation of Article 87 of Law No. 2 of 2004 concerning Settlement of Industrial Relations Disputes, in the Decision of the Supreme Court of the Republic of Indonesia Number 933K / PDT.SUS / 2009 dated May 5, 2010 and Number 488K / PDT.SUS / 2012 dated October 22, 2012, referred to as trade unions / labor unions has a legal standing representing its members proceeding in the Industrial Relations Court is a trade union / labor union both inside and outside the company.

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