The Interpretation of Certain Norms of the General Administrative Code of Georgia and Law of Georgia on Police

This article is related to issues of interpretation of certain norms defined under General Administrative Code of Georgia and Law of Georgia on Police. In particular, Article 3 of the General Administrative Code of Georgia regulates the scope of this code. However, pro-vision of the Article 4 does not contain any reference to the administrative offenses committed by the police and other administrative bodies, what in specific cases may lead to ambiguity in regards the scope of this code – as subject required by the General Administrative Code of Georgia and Administrative Offenses Code of Georgia, in both cases is an authorized administrative body (officials). Responding to administrative offenses by police is an important part of the activities carried out by the state authority (police). There- fore, Law of Georgia on Police distinguishes preventive function of the police from function of responding to offense. Also, the Article 5 of the law defines legal grounds for police activities, however this article does not contain specific references to Administrative Offenses Code of Georgia what can be deemed as legislative shortcoming. Taking into consideration the above-mentioned, in order to clarify the law and to achieve objective goal of the legal norm, below listed terms shall be added to 1. General Administrative Code of Georgia Section 4, Article 3, and 2. Law of Georgia on Police, Article 5.

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Content-independence and natural-duty theories of political obligation

Philosophy & Social Criticism ◽

10.1177/0191453717725777 ◽

2017 ◽

Vol 44 (1) ◽

pp. 61-80

Author(s):

Jiafeng Zhu

Keyword(s):

The State ◽

Political Obligation ◽

State Authority ◽

Argumentative Strategies ◽

The Law ◽

Unjust Threat

This paper contends that the requirement of content independence poses a pressing challenge to natural-duty theories of political obligation, for it is unclear why subjects of a state should not discharge the background natural duty in proper ways other than obeying the law. To demonstrate the force of this challenge, I examine and refute three argumentative strategies to achieve content independence represented in recent notable natural-duty theories: by appealing to the epistemic advantages of the state in discharging a natural duty, by claiming that one’s denial of state authority necessarily poses an unjust threat to other people, and by invoking the consideration of fairness (or impartiality) to preempt one’s discretion in discharging a natural duty. My criticisms, I believe, provide sufficient reasons for natural-duty theorists to take the requirement of content independence much more seriously.

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Urgensi Saksi Pelaku yang Bekerjasama (Justice Collaborator) dalam Tindak Pidana Korupsi

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.1.1.2207.179-185 ◽

2020 ◽

Vol 1 (1) ◽

pp. 179-185

Author(s):

Ni Luh Made Dwi Pusparini ◽

A. A. Sagung Laksmi Dewi ◽

I Made Minggu Widyantara

Keyword(s):

Law Enforcement ◽

Social Life ◽

Government Regulation ◽

Legal Protection ◽

The State ◽

Major Influence ◽

Criminal Sanctions ◽

The Supreme Court ◽

The Law ◽

Article 5

The State of Indonesia appears as a State of Law meaning that State power is exercised according to applicable laws so the law applies to all aspects of social life that lead to the creation of an objective of the law. As a consequence of the weakness of the law in the State of Indonesia there are still a large number of crimes that are developing, including the criminal acts of corruption as one of organized crimes. Not only have corruption crimes developed in Indonesia but also in other countries. As a result, in tackling the emergence of the criminal acts of corruption, it is necessary to have perpetrators cooperating as witnesses with law enforcement authorities in terms of revealing the main perpetrators and others so it has a major influence on the corruption case. Using the normative legal research method, this research examines the urgency of regulating witnesses of collaborating perpetrators in a the criminal act of corruption and the criminal sanctions against witnesses of collaborating perpetrators in criminal acts of corruption. The results show that in positive Indonesian law there are regulations regarding Justice Collaborator in Government Regulation No 71 Article 5 Paragraph (2) of 2000 regulating the rights and legal protection of every witness, criminal reporter / witness who reports. Whereas judges’ considerations in imposing criminal sanctions on justice collaborators in the criminal acts of corruption which are based on Law No. 20 of 2001 related to Law No. 31 of 1999 concerning Eradicating Corruption Crimes and is contained in the Supreme Court Circular No. 4 of 2011 in specific actions regarding Criminal Sanctions namely providing relief in other forms of protection.

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ISSUES OF COMPETITION OF THE RULES OF THE CODE OF UKRAINE ON BANKRUPTCY PROCEDURES AND THE LAW OF UKRAINE “ON EXECUTIVE PROCEEDINGS” IN CASES OF INSOLVENCY OF INDIVIDUALS

Economics and Law ◽

10.15407/econlaw.2021.04.032 ◽

2021 ◽

pp. 32-38

Author(s):

S.V. Minkovskyi ◽

◽

Ye.V. Chypyzhenko ◽

Keyword(s):

Foreign Currency ◽

The State ◽

Practical Application ◽

Active Lifestyle ◽

Insolvency Law ◽

Consumer Bankruptcy ◽

Domestic Legislation ◽

The Law ◽

Debt Repayment ◽

Legal Grounds

The Code of Ukraine on Bankruptcy Procedures is the first insolvency law codified in domestic legislation. The legislative novelty is the so-called consumer bankruptcy provided by the Code, the restoration of solvency through the settlement of problem debts of individuals, individuals – entrepreneurs to banks, microfinance organizations, arrears of taxes, fees and other mandatory payments within the framework of litigation, and in case of impossibility – their repayment (write-off) in the procedure of debt repayment. In addition, the new Code offers special conditions for addressing the issue of “foreign currency borrowers”, which has become relevant for many Ukrainians after the financial crisis of 2008. In general, the procedure for restoring the solvency of individuals is designed to encourage responsible borrowing, start or resume business, increase economic activity and taxable income, aimed at preventing crime and unemployment. Such a procedure is beneficial not only to the debtor, but also to the state. An individual, getting rid of debts, returns to active legal work, and the state returns another economic unit to an active lifestyle, acquires another taxpayer. In addition, the procedure provides creditors of the debtor – an individual with legal grounds for instalment and (or) write-off of part of the debt, as well as improving their own financial performance. However, currently many norms of the Code and other acts of the legislation of Ukraine are inconsistent, which causes conflicts during their practical application. The article considers some aspects that arise in cases of insolvency of individuals, individuals – entrepreneurs during the competition of the Code of Ukraine on Bankruptcy Procedures and the Law of Ukraine “On Enforcement Proceedings”, which relate to: suspension of enforcement proceedings during the moratorium on satisfaction of claims creditors; removal of arrests (encumbrances) in the procedure of debt repayment; consequences of the completion of the debt repayment procedure (including the exclusion of a person from the Unified Register of Debtors), identified problematic issues and proposals for their improvement by making appropriate changes to the legislation of Ukraine.

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“The Sulṭān Says”: State Authority in the Late Ḥanafī Tradition

Islamic Law and Society ◽

10.1163/15685195-00233p02 ◽

2016 ◽

Vol 23 (3) ◽

pp. 239-278

Author(s):

Samy Ayoub

Keyword(s):

Legal Culture ◽

The State ◽

Legal Order ◽

Reference Points ◽

Assigned Value ◽

Legal Studies ◽

State Authority ◽

The Law ◽

The Impact ◽

Law Making

This article investigates the impact of the state on the legal order through an examination of authoritative Ḥanafī legal works from the 17th and 18th centuries CE. By focusing on the madhhab and its juristic discourse, I challenge the reigning narrative in Islamic legal studies by demonstrating how late Ḥanafī jurists assigned value and authority to Ottoman state orders and edicts. This increasing state authority is reflected in the state’s ability to settle juristic disputes, to order jurists and judges to adopt specific opinions in their legal determinations, and to establish its orders as authoritative and final reference points. The incorporation of state orders within authoritative Ḥanafī legal commentaries, treatises, and fatwā collections was made possible by a turn in Ḥanafī legal culture that embraced the indispensability of the state in the law-making process. 

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Le róle de l'administration publique dans la réalisation des taches politiques de l'Etat socialiste

Res Publica ◽

10.21825/rp.v15i1.19654 ◽

1973 ◽

Vol 15 (1) ◽

pp. 103-117

Author(s):

Zygmunt Rybicki

Keyword(s):

The State ◽

Public Institutions ◽

Living Standards ◽

The Political ◽

Socialist State ◽

State Administration ◽

State Apparatus ◽

The Social ◽

State Authority ◽

The Law

1. In the circumstances of the overgrowth signs the scientific-technical revolution the following events in essential way are influencing the activities of public administration : 1° the establishing, under thepressure of the technical progress and specialization, of the big economic units ; 2° the acceleration of the processus of urbanization ; 3° the increasing threat of the biological environment and the appearance of newpossibilities for its protection; and 4° the leveling of differences between the living standards of the population in town and in countryside. In that situation the socialist state has first of all to develop its organizationalfunctions.2. The organizational functions of the socialist state are implemenied above all by the supreme and local representative organs of the state authority and by the subordinated to them organs of the state administration. In the result of this organizational activity the scope of civic rights is extending. The state apparatus therefore is responsible for calling into being and for activities of the public institutions and facilities being used by the citizens at their choice. The regulating role (dirigism) of the state has hence respect more to these public institutions and facilities, and it is addressed more seldom directly to the citizens. That takes place especially in the sphere of the administration of national economy, the organization of technical public services as well as the services rendering administration.3. The social and economic assumptions of the socialist system are putting into effect by the organizational activities of the state apparatus. One of the fundamental features of this system is to gain the conscioussupport of the overwhelming majority of the society for actions of the socialist state and to consolidate this support. Such support is possible to reach only by the development of the democratic principles of thestate activities. The democratic institutions are established by the law, and the law is one of instruments of the realization of the political tasks of the socialist society being organized into the state. The state apparatus' function is to embody in action the tasks established by the law. And this therefore makes the role of the state apparatus very important as welt as provides to the necessity of permanent improvement of this apparatus.4. The social and economic plans create the substantial basis for the state administration activities. In the both national and local plans, voted by representative organs of the state authority, there are determined theeconomic and social tasks as welt as the aims concerning in advancement of the living standards of the population. In the state enterprises plans are voted by the organs of the workers' self-government. The principles of socialist democracy and democratic centralism are reflected in the procedure of planning.5. The processus of the administration in the contemporary state becomes more and more complicated. This processus demands an improvement of th social nature, but not of the technocratic one. And that improvement, realized in conformity with the social necessities, is safeguarded by the fact that the state machinery in the socialist country is inspired and vivified by the political leadership of the working class' party.

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ORGANIZATIONAL AND FUNCTIONAL PROBLEMS OF THE STATE BUREAU OF INVESTIGATION AND WAYS OF THEIR SOLUTION

International scientific journal Internauka Series Juridical Sciences ◽

10.25313/2520-2308-2020-10-6398 ◽

2017 ◽

Author(s):

Olexandr Berezhnyi ◽

◽

Bogdan Klimchuk ◽

Arthur Litvinenko ◽

◽

...

Keyword(s):

Law Enforcement ◽

The State ◽

Law Enforcement Agencies ◽

Stable Law ◽

Functional Aspects ◽

Law Enforcement Agency ◽

History Of ◽

The Law ◽

Article 5 ◽

Functional Problems

The article examines the organizational and functional problems of the State Bureau of Investigation and suggests ways to solve them. The article analyzes the works of scientists who are devoted to the analysis of the law enforcement system of Ukraine. The paper also proposes the structure of a new law enforcement agency. The paper provides a comparative analysis of the structure and functions of the State Bureau of Investigation with other bodies of pre-trial investigation and operational-search activities of Ukraine. The experience of creation and functioning of similar law enforcement agencies in other countries of the world is considered. Attention is focused on the history of the implementation of a specialized law enforcement agency. The article proposes to improve the subject and subject jurisdiction of the State Bureau of Investigation. The author has formulated his own vision of solving the problems of the organization and functioning of the State Bureau of Investigation, taking into account international experience in organizing such law enforcement agencies and on the basis of constitutional principles according to which other pre-trial investigation bodies operate. It is proposed to amend the provisions of clause 1 of part 1 of article 5 of the Law of Ukraine "On the State Bureau of Investigation" so that those crimes that are committed by officials directly during the performance of their official duties are under investigation and it is concluded that the following improvement of the organizational and functional aspects of the activities of the State Bureau investigations based on the principles of legality, fairness, reasonableness and the rule of law will guarantee a stable law enforcement system, and hence a stable investment climate and a stable economic situation in the country.

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State Authority and Public Trust in National Zakāh Management: Historical Lessons, Fiqh Discourse, and International Comparison

AFEBI Islamic Finance and Economic Review ◽

10.47312/aifer.v3i2.170 ◽

2021 ◽

Vol 3 (02) ◽

pp. 1

Author(s):

Yusuf Wibisono

Keyword(s):

Civil Society ◽

International Comparison ◽

Islamic Law ◽

Public Trust ◽

The State ◽

Important Conclusion ◽

Muslim Countries ◽

State Authority ◽

The Law ◽

Ultimate Objective

The aspect of zakāh management or administration is not regulated extensively in Islamic law. Since the dawn of Islam, zakāh management has become the field of ijtihād based on mashlaḥah. And today, the practice of zakāh management in contemporary Muslim countries has been incarnating a wider area of experiment. In contemporary Indonesia, the Law Number 23 Year 2011 concerning Zakāh Management has been passed. This law, which become effective since 2016, caused upheaval within national Islamic philanthropy sector since it regulates national zakāh management currently dominated by civil society, based on “classical fiqh opinion” that only the state has authority to manage zakāh. This paper lift up an important conclusion that zakāh management entirely by the state is not be in effect unconditionally, but with many of qualifications. Moreover, the effectiveness of zakāh management by state relies heavily on the level of public trust against government, not by enforcement of the state. Zakāh management by the state is merely an instrument, not the goal itself. The ultimate objective that must be pursued is the delivery of zakāh to those who deserve it with optimum benefits.

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Selected issues of juvenile delinquency proceedings

Studia Edukacyjne ◽

10.14746/se.2018.48.15 ◽

2018 ◽

pp. 229-248

Author(s):

Joanna Rajewska de Mezer

Keyword(s):

Juvenile Delinquency ◽

Juvenile Offender ◽

Social Attitudes ◽

The State ◽

Penal Code ◽

Legal Norm ◽

The Law ◽

The Difference ◽

The Way

This paper discusses selected issues of juvenile delinquency proceedings. It points the reader’s attention to the difference in the approach towards a juvenile offender. This different approach consists in shaping the way the state reacts to them breaking a legal norm and directing it towards resocializing education. It underlines the specific characteristics of the interactions’ subject – a juvenile whose identity and social attitudes are in the making. These features justify the fact that educational and reformatory measures based on the law on juvenile delinquency proceedings are applied in their case, rather than the punitive ones defined in the Penal Code. The paper analyses selected topics related to executing specific (educational or reformatory) measures that spark controversy among the entities that take up educational, activating and aid-related actions.

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The Ideological Study of Judicials From The Formal Centralistis to The Legal Pluralism (Analysis of the Meaning of Judge on Article 5 paragraph (1) of Law Number 48 Year 2009 on Judicial Power)

JURNAL CITA HUKUM ◽

10.15408/jch.v5i2.4190 ◽

2018 ◽

Vol 5 (2) ◽

Author(s):

Rina Yulianti ◽

Mufarrijul Ikhwan

Keyword(s):

Legal Pluralism ◽

The State ◽

Judicial Power ◽

Legal Studies ◽

The Law ◽

Article 5

Article 5 (1) of Law Number 48 Year 2009 concerning Judicial Power becomes ineffective if acentralistic ideology still working in view of the judge. The type of study used in this researchwas a non-doctrinal legal studies (sociolegal research). Research conducted in the DistrictCourt and Religious Court in Madura based on the judges perception by meaning of article 5paragraph (1) law 48/2009 and justices consideration to verdict making process. The resultsshowing the judges majority interpret the Article 5, paragraph 1 Law 28/2009 to legaldiscovery (rechtsvinding) as an efforts if a legal vacuum, otherwise the judges did notinterpret used living law when there are legal gaps. Thus showing domination of the state lawover the law that lives in society. DOI: 10.15408/jch.v5i2.4190

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Fatwa On Waqf: Specialized Analysis In Hand Over Of Waqf Lands by State Authority

International Journal of Nusantara Islam ◽

10.15575/ijni.v3i1.411 ◽

2015 ◽

Vol 1 (2) ◽

pp. 47-58

Author(s):

Mohd Afandi Bin Mat Rani

Keyword(s):

The State ◽

Land Acquisition ◽

Islamic State ◽

State Council ◽

Muslim Community ◽

State Authority ◽

The Law ◽

The Government

This paper tries to analyze the fatwa regarding issues of hand over of waqf lands to the State Authorities which have been going on since the year 1951 to 2006. Though it may only focus on several states in Malaysia, such revelations can act as strong exemplary of the current and overall fatwa that has been issued by the authorized party. This is due to the idea that the approaches and development of fatwa are very much similar to each other. However, fatwa regarding the law of hand over of waqf lands by the government are rarely discussed and are often decided by the State Fatwa Committee as well as the National Fatwa Committee. Despite the hand over as an intention for country’s development, the procedures in dealing with this issue are not correctly applied as approved by the Mufti nor is it referred to Islamic State Council or ‘Majlis Agama Islam Negeri’ (MAIN), including the waqf lands entrusted to the Muslim community. This could be the effect of Land Acquisition Act 1960 which stood out more than its counterpart; MAIN, though the latter being the only authorized endowment trustee in Malaysia. This paper addresses various issues on constraints of waqf procedures and suggestions in improving its effectiveness.

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