Administrative and Prejudicial Grounds for Extending the Probation Period or Revoking the Suspended Sentence

2021 ◽  
pp. 86-89
Author(s):  
Shkarlet N. A. ◽  
Keyword(s):  
Public Order ◽  
Administrative Punishment ◽  
Administrative Proceedings ◽  
Made In

The article deals with the issues arising from the extension of the probation period or the abolition of probation in the Commission of convicted violations of public order. The concept of administrative prejudice is analyzed. The position that besides violations of public order to include as the basis of extension of probation period or cancellation of conditional condemnation Commission by the person of violations in the field of traffic is proved. In particular, it was revealed the need to check the court when considering the submission of the criminal-Executive inspection whether the decision was made in the framework of administrative proceedings, whether the administrative punishment is lawful.

Features of The Proceedings on Administrative Offenses Initiated for Violation of Fire Safety Requirements

2019 ◽  
pp. 100-104
Author(s):  
A. K. Sabirova
Keyword(s):  
Russian Federation ◽  
Fire Safety ◽  
Federal State ◽  
Safety Requirements ◽  
Administrative Legislation ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Administrative Proceedings ◽  
Made In

The article is devoted to the analysis of the features of administrative proceedings instituted for violations of fire safety requirements, including important changes made in the relevant area of the administrative legislation of the Russian Federation, as well as the analysis of the legislative possibility of applying administrative punishment in the form of administrative suspension of activities for non-compliance with the requirements of the federal state firefighters oversight (including named changes).

scholarly journals Organizational and Legal Principles of Soviet Militia Dispatch Center’s Functioning during 1969–1991

2020 ◽  
Vol 89 (2) ◽  
pp. 15-25
Author(s):  
D. V. Halkin ◽  
O. M. Halkina
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Public Order ◽  
Historical Period ◽  
Legal Principles ◽  
Crime Detection ◽  
Effective Organization ◽  
Goals And Objectives ◽  
Historical Periods ◽  
Made In

The normative and legal provision, organization and activity of militia dispatch centers of Soviet Ukraine in 1969–1991 have been studied. Various forms, methods and directions of activity of militia dispatch centers in 1961–1991 have been analyzed; and the activity of the militia in ensuring the protection of public order and the fight against crime has been reconsidered. The author has characterized the functions of militia dispatch centers, which were performed by them in the period from 1969 to 1991. The peculiarities of personnel and logistical provision of the militia dispatch centers in the specified historical period have been highlighted. The analysis of archival materials has demonstrated that the implementation of the function of the dispatch center was associated with the implementation of an increased number of tasks. However, the combination of the duties of a duty officer with performing the duties in another position led to the overburdening of a militiaman, which had a negative impact on law enforcement activity. Improving the organizational forms of the Soviet militia dispatch centers was carried out in several areas: 1) the creation of regular police units in all militia agencies, the number of which depended on the population, as well as changes in the operative situation; 2) increase in the number of regular shifts; 3) bringing the premises, equipment and logistics of dispatch centers in line with the established requirements; 4) the introduction of additional structures within dispatch centers, caused by an increase in the workload on dispatch centers as a result of the growth in crime rates; 5) increase of requirements to personnel of dispatch centers. In terms of reforming the law enforcement system, miscalculations and mistakes of the past years should be avoided. The specifics of dispatch centers’ activity is that it represents the interests of all services, combines the goals and objectives of public order, prevention and detection of crimes, as well as coordinates their actions in case of emergencies. The efficiency of crime detection, assistance to victims and detention of perpetrators depends on the effective organization of interaction between services and units. Thus, the creative use of obtained experience to improve the activities of the dispatch centers of internal affairs agencies will to some extent avoid mistakes and miscalculations made in previous historical periods.

scholarly journals Terms of Forced Return and Expulsion of Foreigners and Stateless Persons by Bodies of the Border Guard Service in a Pandemic

2020 ◽  
pp. 66-77
Author(s):  
Nadia DEMCHYK ◽  
Ruslan HRYNKO
Keyword(s):  
The State ◽  
Immigration Detention ◽  
Temporal Regulation ◽  
Occupied Territory ◽  
Legal Nature ◽  
Administrative Punishment ◽  
Coronavirus Infection ◽  
Russian Law ◽  
Forced Return ◽  
Administrative Proceedings

The article examines the doctrinal approaches to determining the legal nature of the terms of forced return and expulsion of foreigners and stateless persons by bodies of the border guard service. The analysis of domestic and foreign scientific views on time measurement in administrative proceedings has been carried out. The rules of the American and European system of termination of illegal stay of third-country nationals in connection with immigration detention, which is distinguished by its purpose and duration. The place of administrative deportation in the system of migration measures under Russian law is explained by the fact that it is an administrative punishment of foreign citizens and stateless persons who are subject to detention and are kept in specially designated premises. The peculiarities of temporal regulation and its significance in the application of coercive measures aimed at the return of a migrant in the context of the global spread of coronavirus infection are clarified. The allocation of material and procedural terms within the framework of which the state border guards exercise the powers of forced return and expulsion from the territory of Ukraine is reasoned. The focus on achieving the migration result reflects the material content of the terms allotted for departure and / or ensuring the departure of an illegal migrant from the country. The material expulsion terms are also associated with detention, which is applied according to the rules of administrative proceedings and is characterized by a significant duration, especially in a pandemic. The appointment of procedural terms is justified on the basis of the current norms of administrative-procedural legislation and is associated with the performance of the procedural actions necessary to be applied to the court and the phasing of administrative-jurisdictional proceedings. During the quarantine it is allowed to review the procedural terms in contrast to the material ones. Among the prospects of elaboration of the chosen topic, a comprehensive study of the normative regulation of time characteristics of immigration detention in accordance with the new administrative legislation and the return of foreigners (stateless persons) detected during their crossing the state border and entering the temporarily occupied territory of Ukraine is proposed.

Le terrorisme international et la cage d'escalier. La sécurité publique dans le débat politique en France, 2000–2003

2004 ◽  
Vol 19 (1) ◽  
pp. 135-151 ◽  
Author(s):  
Dominique Monjardet
Keyword(s):  
Presidential Elections ◽  
Criminal Activity ◽  
The United States ◽  
International Terrorism ◽  
Public Order ◽  
Election Campaigns ◽  
Security Issues ◽  
Legislative Changes ◽  
Entire Planet ◽  
Made In

AbstractIn the spring of 2001, statistics concerning criminality in France, - on the decline over the preceding five years, - showed an increase. The principal measure recommended by a Conference on Interior Security held in January 2001 was the adoption of legislative changes to combat the offences responsible for this increase in criminal activity, which the opposition was using to advantage in anticipation of the coming elections (legislative and presidential elections were slated for the spring of 2002). Thus in March 2001 the French Parliament approved first reading of a new “interior security law.” By the time of second reading in October 2001 the issue had become highly emotionally charged because of the events of September 11 in the United States, which resulted in the bill being “fortified” with a chapter “with a view to strengthening the war against terrorism.” Thus a link was made in the framework of a legislative text between daily security issues and international terrorism, - petty crime irritants to public order and epic conflicts affecting the entire planet. This link persisted, notably in polemics on security issues launched during the election campaigns, and subsequently in the measures instituted by the new government in May 2002. This paper exposes and criticizes this conflation.

scholarly journals La aplicabilidad de las normas del Código de Familia marroquí (la Mudawana) que regulan el divorcio en España: el filtro constitucional = The rules’ apliccation of the Moroccan Family Code (Mudawana) regulating about the divorce in Spain: the constitutional filter

2018 ◽  
Vol 10 (1) ◽  
pp. 144
Author(s):  
María Dolores Cervilla Garzón
Keyword(s):  
Spousal Support ◽  
Point Of View ◽  
Critical Examination ◽  
Public Order ◽  
Moroccan Family ◽  
Family Code ◽  
Made In

Resumen: En este trabajo se analiza las normas del Código de Familia de Marruecos que regulan la disolución del matrimonio y sus efectos, desde la óptica del orden público español. La finalidad es establecer su aplicabilidad por los Tribunales españoles para atender las demandas que en este sentido se formulan por los inmigrantes marroquíes que residen en nuestro país. Para ello se parte de un concepto estricto de orden público y del respeto a la multicultularidad como factor de integración en las sociedades europeas. El estudio se completa con un examen crítico de las resoluciones judiciales dictadas en este sentido.Palabras clave: repudio, divorcio, orden público, discriminación, dote, alimentos, pensión compensatoria.Abstract: This paper analyzes the rules of the Moroccan Family Code that regulate the dissolution of marriage and its effects, from the point of view of Spanish public order. The purpose is to establish its applicability by the Spanish Courts to meet the demands made in this regard by the Moroccan immigrants residing in our country. This is based on a strict concept of public order and respect for multiculturalism as a factor of integration in European societies. The study is supplemented by a critical examination of the cases law issued in this sense.Keywords: repudiation, divorce, public order, discrimination, dowry, alimony, spousal support.

8 Setting Aside of Awards

2020 ◽  
Author(s):  
Oda Hiroshi
Keyword(s):  
Russian Federation ◽  
The State ◽  
State Courts ◽  
Public Order ◽  
Exclusive Jurisdiction ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
The Relationship ◽  
Made In

This chapter covers the setting aside of arbitral awards. Arbitral awards can be set aside only by the court of the place of arbitration. Courts of the Russian Federation have exclusive jurisdiction in deciding on applications for setting aside of arbitral awards made in the Russian Federation. Grounds for setting aside of awards are common with the grounds for refusal of recognition and enforcement of foreign awards. Breach of public order is one of the frequently quoted grounds by Russian parties. Setting aside of awards is an area where the relationship between the state courts and arbitration is demonstrated in a concentrated manner. The chapter, after looking at the statutory provisions, will analyse a series of decisions of the court on setting aside of arbitral awards. Russian parties which lost arbitration often applies to the court in the hope of having the award been set aside. There have been some controversial decisions of Russian courts in this respect.

scholarly journals Abuses of the sujects of criminal prosecution and their reflection in the criminal law

2021 ◽  
pp. 145-150
Author(s):  
Evgeny Shcherbinin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Public Order ◽  
Criminal Prosecution ◽  
The Russian Federation ◽  
Made In

The presented article examines the system of existing criminal law norms on responsibility for illegal criminal prosecution. The article examines the rights and obligations of subjects empowered to carry out such activities. Based on these powers, possible abuses in the course of criminal prosecution in a private, private-public and public order are analyzed, a comparison of offenses is made in relation to qualifications according to the norms of the Criminal Code of the Russian Federation. The analysis of the system of special criminal law norms has revealed imperfections in which the abuse of the subjects of criminal prosecution is criminalized.

scholarly journals Eksistensi Lembaga Adat Melayu Jambi Dalam Penyelesaian Sengketa Masyarakat Adat

Jurnal Selat ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 213-224
Author(s):  
Herlina Manik
Keyword(s):  
Data Collection ◽  
Dispute Resolution ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Public Order ◽  
Community Life ◽  
The Public ◽  
Deliberation Process ◽  
Traditional Institutions ◽  
Made In

Disputes that arise in the community can disrupt the public order. For this reason, efforts are needed so that’s every dispute can be resolved so that the balance in the community order can be restored. The purpose of this study is to determine the extent of the existence of customary institutions in resolving disputes and also to find out what processes or steps are taken by traditional institutions in resolving disputes. This research was conducted in Jambi. This type of researsh is sociological juridical. Data collection was conducted through interviews, data were analyzed by qualitative analysis and presented descriptively. The results of the study show that the existence of the Jambi Malay Customary Institution in the settlement of indigenous peoples' customary law disputes still exists and still continues today. The existence of the Jambi Malay Customary Institution can be seen from its arrangement in the Jambi Province Regional Regulation (PERDA) Number 5 of 2014 concerning the Jambi Malay Customary Institution. The dispute resolution prosses are carried out in several stages, namely: the stage of summoning the parties, the stage of summoning the witness, the stage of the deliberation process and closing. After going through the deliberation process, the mediator will provide a decision / solution that if accepted by the parties will be made in the form of an agreement. But if the parties cannot accept it, the mediator gives input to proceed to the court's formal path. Jambi Province's Regional Regulation Number 5 of 2014 concerning Jambi Malay Customary Institutions can continue to be socialized and Jambi LAM is expected to be increasingly active in carrying out its duties and functions so that Jambi traditional law can be enforced in community life.

Forty Years of Contract Law

1990 ◽  
Vol 24 (3-4) ◽  
pp. 657-673
Author(s):  
Gabriela Shalev
Keyword(s):  
Contract Law ◽  
Civil Procedure ◽  
The State ◽  
Public Order ◽  
Freedom Of Contract ◽  
Statutory Law ◽  
English Law ◽  
Main Components ◽  
State Of Israel ◽  
Made In

With the establishment of the State of Israel and the enactment of sec. 11 of the Law and Administration Ordinance, 1948, Israeli law absorbed the Mandatory law which had applied prior to independence. Israeli contract law of forty years ago was comprised of two main components: Ottoman law and English law.The component of Ottoman law consisted primarily of theMejelleand of the substantive provisions of the Ottoman Code of Civil Procedure. Some of the books of theMejelleregulated important contractual transactions, such as sale and lease. The Ottoman Code of Civil Procedure included provisions concerning compensation for damage, but the most important and significant provision was sec. 64, which established, in our law, the principle of freedom of contract. By virtue of this section, validity was conferred upon all contracts made in Israel, except those contrary to statutory law, to morality or to public order, and the power of the parties to a contract to contract out of the provisions of theMejellewas accorded recognition.

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