Legal Status of Foreigners in French Public Law

2017 ◽  
Vol 51 ◽  
pp. 1-24
Author(s):  
Hyonsoo Lee
Keyword(s):  
Legal Status ◽  
Public Law

scholarly journals Ensuring Guarantees of the Rights of the Individual and the Inalienability of his Legal Status in the System of Legal Regulation

2021 ◽  
Vol 1 ◽  
pp. 21-29
Author(s):  
Alexander Vladimirovich Konovalov ◽  
Keyword(s):  
Rule Of Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Synergistic Action ◽  
The Rule Of Law ◽  
The Core ◽  
Private And Public ◽  
The Individual ◽  
Different Levels

The article is devoted to the analysis of the general principle of law — ensuring guarantees of individual rights and the inalienability of his legal status. According to the author, they are provided by the synergistic action of private and public law regulation. The article convincingly shows that private and public law is a single system of values with different levels of generalization of terms and different methodology. At the same time, it is the private legal mechanisms that are the basis, the core of the rule of law.

The Legal Status of Germany

1951 ◽  
Vol 45 (2) ◽  
pp. 267-285 ◽  
Author(s):  
Kurt V. Laun
Keyword(s):  
International Law ◽  
Legal Status ◽  
Public Law ◽  
Point Of View ◽  
Coup D'etat ◽  
Foreign Governments

Hitler had been recognized by all foreign governments. Also during the last war the recognition was not withdrawn. One has therefore to assume that, from the point of view of international law, Hitler was the lawful government and representative of Germany. For the purposes of this article we need not deal with the question whether, according to German public law, he came to power, for instance, by means of a coup d'état or a perjury.

Criminal Law Interpretation of Victimization Aspect of Domestic Violence

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Valentin Kharlamov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Protection ◽  
Public Law ◽  
Rights And Interests ◽  
Definition Of ◽  
Criminal Legislation ◽  
Procedure Codes ◽  
Personal Interests

The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.

Territories with special status within Federal States (constitutional and legal research)

2019 ◽  
Author(s):  
Игорь Ирхин ◽  
Igor Irkhin
Keyword(s):  
United States ◽  
Russian Federation ◽  
Legal Status ◽  
The United States ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Research ◽  
Federal States ◽  
The Status ◽  
The Russian Federation

This monograph comprehensively examines the constitutional and legal status of territories with a special status within the Federal States in the context of the Institute of territorial autonomy. The study is based on the experience of constitutional and legal regulation of the status of Autonomous districts in the "composite subjects" of the Russian Federation, administrative-territorial units with a special status in the constituent entities of the Russian Federation, Autonomous districts in India, Nunavut territory in Canada, unincorporated territories of the United States This monograph is one of the first works in the domestic jurisprudence, in which the study was conducted from the perspective of territorial autonomy. The publication is intended for researchers, postgraduates and students, all readers interested in constitutional (public) law, theory of state and law.

scholarly journals Public Company as a Subject of Financial Law

2020 ◽  
Vol 15 (11) ◽  
pp. 133-139
Author(s):  
N. I. Zemlyanskaya
Keyword(s):  
Legal Status ◽  
Public Law ◽  
Budget Process ◽  
Public Companies ◽  
Non Profit ◽  
Legal Personality ◽  
The Public ◽  
Public Company ◽  
Non Profit Organizations

The paper substantiates the need to consider public companies as a subject of financial law. This is due to the peculiarities of these non-profit organizations’ legal status and their implementation of the corresponding financial and legal statuses. The author gives particular attention to certain aspects of the financial activities of the public law company "Fund for the Protection of the Rights of Citizens — Participants in Shared Construction". The author notes that, as a subject of financial law, a public law company should be characterized by its participation in various types of financial legal relations: budgetary, tax, etc. For this, it is endowed with a special legal personality, which is expressed in the granting of appropriate powers (rights and obligations necessary for the implementation of its tasks and functions), enshrined in the regulatory legal acts regulating its activities. Based on the generally accepted thesis about the economic (monetary) nature of financial legal relations, it can be argued that most financial legal relations with the participation of a public law company are associated with its property. The study made it possible to consider a public law company as a subject of financial law, which implements the corresponding financial and legal statuses in financial legal relations: a non-participant in the budget process, a taxpayer, a tax agent, etc.

scholarly journals FEATURES OF ADMINISTRATIVE AND LEGAL STATUS OF ADMINISTRATIVE COURTS AS SUBJECTS OF INTERACTION WITH PUBLIC ADMINISTRATION AUTHORITIES

2021 ◽  
Vol 1 (10) ◽  
pp. 70-74
Author(s):  
O. Gresko ◽  
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Public Law ◽  
Public Authorities ◽  
Territorial Jurisdiction ◽  
The Subject ◽  
Administrative Courts ◽  
Administrative Jurisdiction ◽  
Determining Factor ◽  
Court Process

The article is devoted to the analysis of general theoretical aspects of determining the administrative and legal status of administrative courts as subjects of interaction with public administration bodies. The basis of the study were modern scientific developments on the subject, as well as current national legislation. The article reveals the category of "status". The essence of the legal status as one of the varieties of the general status of the subject (person, authority, etc.) is analyzed. Scientific approaches to the administrative and legal status are analyzed. The current administrative and legal status of administrative courts in Ukraine is determined. It is concluded that the administrative and legal status of administrative courts is the legal status of administrative courts determined by the norms of administrative law, which consists of a set of elements, the determining factor among which is instance and territorial jurisdiction for public law disputes, one of the parties of which is a public authorities. It was found that among the features of the administrative and legal status of administrative courts as subjects of interaction with public administration authorities should be noted: 1) does not contain the traditional division of elements into rights, freedoms, responsibilities, and is answered only by the competence in the relevant jurisdiction; 2) administrative jurisdiction, according to current legislation, is differentiated into institutional and territorial; 3) is regulated not only by substantive but also by procedural rules of law; 4) consider cases of administrative jurisdiction, in which public administration authorities may act as one of the parties, and administrative courts may interact with these bodies outside the court process.

scholarly journals Samorząd zawodowy i gospodarczy w Polsce po 1989 roku

2018 ◽  
pp. 49-58
Author(s):  
Robert KMIECIAK
Keyword(s):  
Legal Status ◽  
Central Government ◽  
Public Law ◽  
Transformation Process ◽  
The State ◽  
Public Authorities ◽  
Civic Society ◽  
Governing Body ◽  
Professional Self ◽  
Decentralization Reform

One of the greatest achievements of the socio-political transformation process in Poland is the profound decentralization of public governance. In administrative law, decentralization is perceived as a system with a larger number of independent hubs, vested with competences in terms of public law, and a single center. Therefore, decentralization is a process of delegating certain public functions which formerly were reserved for the central government to groups of citizens organized in corporations. Although local government exemplifies decentralization it is not a one-dimensional no- tion that refers exclusively to territorial relations. In the system of representation specialized self-government bodies, formed with different criteria, play a highly significant role represen- ting the interests of various groups. They are divided into self-governing bodies focused on the economy and the professions. Formal and legal homogeneity, though, does not translate into the appropriate political position of these two forms of self-governing bodies in Poland. While the professional self-governing body is clearly an association governed by public law, the so-called economic self-governing body is based on concepts that emphasize the volunta- ry nature of the ties between entrepreneurs, associated in chambers of commerce. The differences in their legal status and the resulting powers bear no influence on the fact that both economic and professional self-governing bodies are now facing equally serious threats in Poland. In both cases these are related to how the state approaches the extra-territo- rial form of decentralization. We can speak of different motivations here. The state, or rather the state administration, is excessively interested in the professional self-governing bodies and is curbing the autonomy they have traditionally been vested with. The situation is quite different with respect to the economic self-governing bodies, where the public authorities are scarcely interested in becoming involved in supporting them. It should be realized then, that the success of Polish decentralization reform will only be complete when all forms of self-government develop harmoniously irrespective of the rela- tions between their members, whose empowerment will serve democracy and strengthen civic society.

scholarly journals Interpretation of Administrative Legal Norms Demonstrating Strong Relations with Civil Law Which Aim Environmental Protection

2013 ◽  
Vol 32 (1) ◽  
pp. 111-121
Author(s):  
Ewa Katarzyna ◽  
Marta Pietrzyk
Keyword(s):  
Environmental Protection ◽  
Legal Status ◽  
Civil Law ◽  
Administrative Law ◽  
Public Law ◽  
Public Authorities ◽  
Penetration Process ◽  
Clear Separation ◽  
Legal Norms ◽  
New Challenges

Abstract The penetration process of structures traditionally assigned to civil law into administrative law, especially administrative law aiming environmental protection, has been more noticeable through recent years. This process resulted in deepening the absence of a clear separation of private law norms from public law norms. It led to the existence of so-called quasi civil solutions, which can be found for example in the Act on prevention from damages in environment and its repair. Their specificity consists in the fact that they cannot be regarded as civil law structures due to the differences between them and the civil law structures. This legal status sets new challenges for legal theorists as well as practition- ers. They concentrate on interpretation of administrative law provisions which were penetrated by civil law structures, taking into account differences between interpretation of administrative and civil law provisions. We should not reject specific character of the civil law provisions’ interpretation and interpret these provisions only by taking into account specificity of administrative law inter- pretation. Civil law institutions are characterized by a larger field for action, which is left for parties or performers, in comparison to the institutions of ad- ministrative law. This specificity of civil law structures should be considered as its advantage that should not be removed in the activities of public authorities.

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