scholarly journals Functions of the state: concepts, classifications, scientific interpretations

1970 ◽  
pp. 406-410
Author(s):  
Marharyta Butsan
Keyword(s):  
Rule Of Law ◽  
Public Life ◽  
The State ◽  
Political Life ◽  
Historical Period ◽  
Legal Form ◽  
The Rule Of Law ◽  
The Government ◽  
Cultural Functions ◽  
State Functions

In the article the concept of state functions, realizing which the state carries out a targeted management impact on various spheres of a public life. They show that the government should do to achieve and implement the goals and tasks that lie before him in a certain historical period. Purposes of the functions of the state are the results that must be obtained in implementing the functions, goals can be immediate, intermediate, ultimate. On one stage of historical development, priority may be given to economic, the other political or socio-cultural functions, the third function of defense, etc. At the beginning of its inception, the state played a very small list of functions. The contents of most of them was of a pronounced class character. The functions manifest national characteristics of the country, because the state is obliged to provide the geopolitical interests of the ethnic group, to support the development of national culture, language, and the like. The contents and the list of functions to a large extent depend on the nature of the state, its social purpose in public life. The main duty of the state to maintain a level of social organization that would ensure not only the preservation of the integrity and prosperity of society as a whole, but also the needs of individuals. The article studies scientific approaches with respect to interpretation of the concept of functions, given the existing classification of state functions: the areas of activities of the state, duration and the like. The analysis of existing functions in Ukraine. The human rights function is currently the most relevant. Advocacy function has the expression in activities that are aimed at protecting the rights and freedoms of man and citizen, the rule of law and the rule of law in all spheres of public and political life. The peculiarities of exercise of the functions of the state are divided into legal and organizational. The legal form is a homogenous activity of state bodies related to the adoption of legal acts. Organizational form is a homogenous activity of the state aimed at creating organizational conditions to ensure functions of the state. In Ukraine there are three main forms of implementation of the activities of the state depending on types of activities: legislative, Executive, judicial. The basis for this separation is the provision of the Constitution of Ukraine, which is highlighted in these branches of government. In the implementation of all main functions of the state are actively involved all types of public power in Ukraine.

scholarly journals Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana
Keyword(s):  
Rule Of Law ◽  
House Of Representatives ◽  
Critical Appraisal ◽  
Balance Of Power ◽  
The State ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Power Limits ◽  
The Government

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.

The Rule of Law and Good Governance

2019 ◽  
pp. 75-90
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Common Law ◽  
The State ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
Judicial Control ◽  
The Common ◽  
The Government ◽  
Continental Tradition

The concept of the rule of law has different—common law and continental—historical roots and traditional perspectives. The common law tradition is more focused on limiting the powers of the state, whereas the continental tradition focuses on not just to limit but also to empower the government. But both systems have a focus on the rule of law. The rule of law in the classical liberal tradition is based on four elements: legality, division and balance of powers, independent judicial control, and protection of fundamental rights. The differences between rule of law and rechtsstaat are: different concepts of the state, mixed legal systems and different approaches of a constitution, and different perspectives on human rights. There are two levels of development: a model in which law is a way of structuring and restricting the power of the state, the second level is more subjective and has important individual positions. The concept of good governance related to these developments makes clear the need to broaden the concept of the rule of law.

An Overview of Good Governance

2019 ◽  
pp. 15-24
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Administrative Law ◽  
The State ◽  
Institutional Framework ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
The Government

Good governance is needed because of legislative gaps, prevention of corruption, maladministration, and mismanagement, and fragmentation of administrative law norms. The concept of good governance has been developed in addition to aspects which can already be found in the rule of law and democracy concepts but are also related to the institutional framework of the government. The term ‘government’ is used for all the powers in the state; the administration is only one of these powers. These powers must fulfil certain norms, principles which sometimes are unwritten and developed by the judiciary or the ombudsman but more and more codified in the frame of the general (administrative) legislation. All the institutions of the government are involved in the development of these principles of good governance. There is not only a separation between the powers of the state, but more and more there are interactions between these powers in the development of principles of good governance and, hence, there is a balance between these principles. Therefore, there are different producers and sources of good governance.

2. Democratic and Undemocratic States

2009 ◽  
Author(s):  
Richard Rose
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Trial And Error ◽  
The Rule Of Law ◽  
Democratic State ◽  
Gradual Evolution ◽  
The Will ◽  
The Government

This chapter discusses the distinction between democratic and undemocratic states, noting that it is not only about whether there are elections: it is about whether or not it there is the rule of law. When both conditions are met, elections are free and fair and the government is accountable to the electorate. When laws can be bent or broken, unfair elections represent the will of governors more than that of the governed. The chapter first defines democratic states and outlines the characteristics of a democratic state before assessing the state of states today. It then considers three kinds of undemocratic states, namely: constitutional oligarchy, plebiscitarian autocracy, and unaccountable autocracy. It also examines how democratization has more often come about by trial and error rather than through gradual evolution and concludes by analysing the dynamics of democratic and undemocratic states.

scholarly journals Implementasi Penerapan Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban (Sudi di Polres Kuningan)

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Haris Budiman dan Gios Adhyaksa
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Trial Judge ◽  
The Rule Of Law ◽  
Operational Costs ◽  
The Law ◽  
The Government ◽  
The Cost ◽  
Unwritten Law

Article 1 (1) of the 1945 Constitution states that, Indonesia is the law of the State in the form of Republic. Therefore, the provisions of the applicable legislation and set the life of the Indonesian nation comes from the law, whether written or unwritten law. One runway is used as basic guidelines in order to achieve justice for all Indonesian people, especially in the field of law, set forth in Article 27 paragraph (1) of the Act of 1945, which reads, "All citizens are equal before the law and government and must uphold the rule of law and without exception. " Protection of witnesses reporting the crime of pornography, the identity of a witness, obviously very secret and confidential examined by the police, even on a trial judge has no right to bring a witness, before the trial because the reporter's identity confidentiality is strictly protected by the Law No. 44 Year 2008 on pornography.  Factors that became penghamabat the police to provide protection against the crime of pornography reporting, that one of the eligibility period and the cost to hold the protection of witnesses and victims must require substantial funds, although basically the police have been very ready to implement the law , subject to the government in terms of a special budget for the program of protection, especially for operational costs in the field.  Keywords: Crime, Pornography, Witness, Protection. 

Artificial intelligence, legal system and state functions

2020 ◽  
Author(s):  
Aleksandr Bratko
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Methodological Problems ◽  
Theory Of Law ◽  
State Functions

The monograph deals with methodological problems of embedding artificial intelligence in the legal system taking into account the laws of society. Describes the properties of the rule of law as a Microsystem in subsystems of law and methods of its fixation in the system of law and logic of legal norms. Is proposed and substantiated the idea of creating specifically for artificial intelligence, separate and distinct, unambiguous normative system, parallel to the principal branches of law is built on the logic of the four-membered structure of legal norms. Briefly discusses some of the theory of law as an instrument of methodology of modelling of the legal system and its semantic codes in order to function properly an artificial intelligence. The ways of application of artificial intelligence in the functioning of the state. For students and teachers and all those interested in issues of artificial intelligence from the point of view of law.

scholarly journals MECHANISM OF ADMINISTRATIVE AND LEGAL REGULATION OF THE PROCEDURE FOR CONSIDERATION OF CITIZENS' APPEALS

2020 ◽  
Vol 1 (9) ◽  
pp. 69-74
Author(s):  
Oleksii Dniprov ◽  
Keyword(s):  
Rule Of Law ◽  
Public Management ◽  
Decisive Role ◽  
Legal Regulation ◽  
The State ◽  
Political Life ◽  
Structural Elements ◽  
The Rule Of Law ◽  
Administrative Procedure ◽  
Legitimate Interests

The article is devoted to the analysis of the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals. It is noted that the analysis of this mechanism should be carried out through the prism of the study of such legal categories as "appeals", "procedure", "administrative procedure", "administrative procedure for consideration of citizens' appeals". It turns out that administrative procedure for consideration of citizens' appeals is a procedure regulated at the legislative level by an authorized entity (competent public authority) for actions that consist in consideration, in the terms determined by the legislation, relevant proposals (comments), statements (petitions) or complaints and notifications of persons who have applied to a public body about the results (consequences) of consideration of their application. It is proposed to understand the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals as a set of legally defined means by which the state, represented by authorized subjects of public administration, exercises public management influence on legal relations aimed at protecting the rights and legitimate interests of individuals and also, if necessary, for their restoration, which is carried out in order to ensure the rule of law as a legal regime of socio-political life in the state. It is indicated that when studying the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals, its elements should be given a decisive role. In the framework of this study, such structural elements as the rule of law and subjects were considered. It is proposed to divide the subjects acting as participants of administrative and legal relations concerning the address of citizens into two groups: obligatory and optional. It is determined that the obligatory subjects should include individuals who submit an application and the entity that reviews the application; to optional – persons in whose interests the appeal is filed, persons whose actions or omissions are challenged; persons who facilitate the consideration of the appeal.

scholarly journals Human Rights and Law Enforcement

2019 ◽  
Vol 4 (1) ◽  
pp. 114
Author(s):  
Fransiska Novita Eleanora ◽  
Andang Sari
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Human Rights Violations ◽  
The Rule Of Law ◽  
The World ◽  
The Government

Humans born into the world have declared their rights and naturalrights as gifts from the Almighty, God and every State must recognize them aslegal subjects who must always be respected and protected to realize human valueswell. Therefore; no one can or can act negatively, including the state or even theauthorities or the government. Conceptually, a country that is expected to realizeit is only a legal state that is considered legitimate and adheres to the notion ofdemocracy, namely democracy will become a rule and law. The realization of therule of law is to take action against perpetrators who are proven to have committedcrimes and human rights violations. This paper explains that there are still manycases of gross violations of human rights that have not been clearly revealed andthe perpetrators have not been given appropriate punishment, by giving sanctionsto the perpetrators, so that law enforcement is not realized. The embodiment ofthe rule of law is that it can capture cases of gross violators of human rights andconvict the perpetrators in accordance with the laws that apply in accordance withthe characteristics of the rule of law. The problem is whether law enforcement hasbeen realized especially in human rights violations and can be resolved throughnegotiation, conciliation and mediation.

Cynicism and the Rule of Law: A Critical Analysis of President of the RSA V M&G Media Limited 2012 2 SA 50 (CC) and Associated Judgments

2017 ◽  
Vol 30 (2) ◽  
pp. 580-597
Author(s):  
Karthy Govender ◽  
Paul Swanepoel
Keyword(s):  
South Africa ◽  
South African ◽  
Rule Of Law ◽  
Current System ◽  
Criminal Court ◽  
The State ◽  
Access To Information ◽  
Discretionary Power ◽  
The Rule Of Law ◽  
The Government

In June 2015 the High Court granted an interim order prohibiting Sudanese President Omar al-Bashir from leaving South Africa. Although Al-Bashir is wanted by the International Criminal Court for war crimes and South Africa is a signatory to the Rome Statute and has passed the Implementation Act, the government failed to arrest him as required by an order of court. Short-term political considerations appear to have outweighed the need to respect the rule of law. Parallels can be drawn between this incident and the decision by the executive to refuse access to the Khampepe Report when requested to do so by the Mail and Guardian newspaper. The report was prepared at the request of former President Mbeki by two senior South African judges, after a visit to Zimbabwe shortly before the election held in that country in 2002. In an attempt to prevent disclosure, the executive approached various courts on six different occasions and drew out the process for more than six years. The main issue in this case is the use of section 80 of the Promotion of Access to Information Act by the courts, a discretionary power that is applied sparingly. In terms of PAIA, the state is prevented from making reference to the content of a record in order to support a claim of exemption. In such instances, section 80 provides courts with the power to inspect the record – a procedure known as a ‘judicial peek’ – in order to make a determination as to whether the exemption is justified. This case provides a clear example of how the state cynically used this provision as a dilatory tactic in refusing access to the report. The current system that relies solely on the courts to handle access to information matters undermines the main objectives of the Act and is inefficient and costly. It is recommended that PAIA be amended to provide for an information commissioner with powers to mediate and make binding decisions.

Coalition party will decide Slovak government’s fate

2018 ◽  
Keyword(s):  
European Commission ◽  
Rule Of Law ◽  
Social Democracy ◽  
The State ◽  
Gdp Growth ◽  
Automotive Sector ◽  
Police Chief ◽  
Content Type ◽  
The Rule Of Law ◽  
The Government

Significance The president’s statement reflects a widespread crisis of trust in the government a week after investigative journalist Jan Kuciak was found shot dead with his fiancee Martina Kusnirova. It was the first known murder of a journalist in Slovakia. While the opposition has demanded the resignation of Interior Minister Robert Kalinak and his police chief Tibor Gaspar, the coalition government’s stability is most severely threatened by resignations within its leading party, Direction-Social Democracy (Smer-SD), and its moderate coalition partner, Most-Hid. Impacts Relations between the government and the non-party president will deteriorate following the latter’s call for early elections. The international spotlight has again been thrown on the state of the rule of law and corruption in Slovakia. Despite concerns, Slovakia continues to attract FDI, particularly into the automotive sector. Slovakia’s continued fast GDP growth (the European Commission forecasts 4% for 2018) may buttress support for the government.

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