scholarly journals Settlement of conflict of interest in the process of beneficial housing at the expense of budget funds as a guarantee of the constitutional law

2021 ◽  
pp. 13-16
Author(s):  
Olena HALUS ◽  
Oleksandr BRYHINETS ◽  
Iryna RYZHUK
Keyword(s):  
Affordable Housing ◽  
Conflict Of Interest ◽  
Constitutional Law ◽  
Global Financial Crisis ◽  
Conflicts Of Interest ◽  
Standard Of Living ◽  
Vulnerable Groups ◽  
The Law ◽  
The Right ◽  
The Impact

The paper proves that the realization of the right to a dignified life can be effective only in the framework of legal activities, and the presence of special legal means, which are tools to ensure a dignified human existence, also plays an important role. The analysis revealed that each society has its own standards of understanding the right to a sufficient standard of living, the basis in this case should be the only generally accepted norms and standards, especially those enshrined in international legal instruments. Guarantees of constitutional law and housing and the right to an adequate standard of living are interrelated and represented by a system of political, economic, social conditions, legal means and mechanisms aimed at ensuring the proper exercise of these rights. The system of guarantees of the constitutional right to housing and a sufficient standard of living is represented by general and special (legal) guarantees. The purpose of preventing corruption due to conflict of interest is to form a unified approach of persons authorized to perform state or local government functions and persons equated to them, to understand and comply with the rules of prevention and settlement of conflicts of interest introduced by the Law of Ukraine “On Prevention of Corruption”. Preferential provision of housing for citizens is carried out through certain mechanisms: providing citizens with affordable housing, provided by the Law of Ukraine “On Prevention of the Impact of the Global Financial Crisis on the Development of the Construction Industry and Housing Construction”; state, regional and local housing programs for certain categories of the population; providing social housing to socially vulnerable groups of the population of Ukraine.

scholarly journals Perkawinan Beda Agama Dalam Undang-Undang Nomor 23 Tahun 2006 Tentang Administrasi Kependudukan (Tinjauan Hukum Islam)

2020 ◽  
Vol 20 (2) ◽  
pp. 138
Author(s):  
Fakhrurrazi M.Yunus ◽  
Zahratul Aini
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Family ◽  
The Law ◽  
Negative Impacts ◽  
The Right ◽  
The Impact ◽  
The Relationship

Abstrak: Dalam Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan adanya Pasal yang mengatur tentang perkawinan beda agama, dalam Pasal 35 huruf (a) yang menyatakan bahwa perkawinan yang ditetapkan oleh pengadilan. Namun dalam Undang-Undang tersebut tidak diatur secara jelas, sehingga memberi peluang timbulnya dampak negatif. Namun yang diakui di Indonesia jika pasangan suami istri yang berbeda agama harus memeluk agama yang sama di salah satu pasangan dengan maksud mereka harus pindah agama baik memeluk agama istri maupun suami. Dengan adanya berbagai kemudharatan yang timbul, maka hal itu tidak sesuai dengan hukum Islam. Oleh karena itu, penulis ingin mengetahui dampak perkawinan beda agama yang diatur dalam Undang-Undang Nomor 23 Tahun 2006 tentang administrasi  kependudukan dan tinjuan hukum Islam terhadap perkawinan beda agama dalam Undang-Undang Nomor 23 tahun 2006. Dalam penelitian ini, metode penelitian yang digunakan adalah Kualitatif. Berdasarkan dari hasil penelitian, dampak dari perkawinan beda agama yaitu dampak terhadap rumah tangga yang tidak harmonis menimbulkan kegelisahan, dan sulitnya berkomunikasi. Dampak terhadap anak yang membuat hubungan antara keluarga yaitu anak dan orang tua menjadi kacau dan tidak utuh karena mengetahui kedua orang tuanya berbeda keyakinan. Dampak terhadap harta warisan yang mengakibatkan anak yang lahir dari perkawinan beda agama tidak mempunyai hak untuk mendapatkan harta warisan apabila tidak seagama dengan pewaris yang dalam hal ini pewaris beragama Islam. Adapun tinjauan hukum Islam menyatakan bahwa perkawinan beda agama itu tidak sah, karena menurut fatwa MUI Nomor:4/MUNASVII/MUI/8/2005 menetapkan bahwa nikah beda agama hukumnya haram yang diperkuat dengan firmannya dalam surat al-mumtahanah ayat 10 dan al-baqarah ayat 221.Abstract: in Law No. 23 of 2006 on the administration of the population of the article governing the marriage of different religions, in article 35 letter (a) stating that the marriage is established by the court. But the law is not regulated, so it allows causing negative impacts. But it is recognized in Indonesia if different couples of religion must embrace the same religion in one partner with the intention they have to move religion both embrace the religion of the wife and husband. With the various blessings that arise, it is not under Islamic law. Therefore, the author wants to know the impact of the marriage of different religions organized in law Number 23 the year 2006 about the administration of population and the Islamic law to the marriage of different religions in the law Number 23 the year 2006. In this study, the research method used was qualitative. Based on the results of the study, the impact of the marriage of different religions is the impact on the unharmonious households raises anxiety, and difficulty communicating. The impact on the child who makes the relationship between the family is the child and the parent becomes chaotic and not intact because knowing both parents are different beliefs. The impact on the inheritance that resulted in children born from the marriage of different religions does not have the right to obtain inheritance if not as religious as the heir, in this case, Muslim heirs. The review of Islamic law states that the marriage of different religions is not valid, because according to fatwa MUI number: 4/MUNASVII/MUI/8/2005 stipulates that the marriage of different religious religion is haram strengthened by his word in Sura al-Mumtahanah verse 10 and al-Baqarah verses 221.

scholarly journals TINJAUAN YURIDIS PENENGGELAMAN KAPAL ASING MENURUT UNDANG-UNDANG NOMOR 45 TAHUN 2009 TENTANG PERIKANAN

2021 ◽  
Vol 1 (1) ◽  
pp. 1-10
Author(s):  
Elisabeth Septin Puspoayu ◽  
Bunga Nurani ◽  
Esti Wulan Trityas ◽  
Maulida Indah Sari ◽  
Mayang Chandra Gita Siti ◽  
...  
Keyword(s):  
Law Of The Sea ◽  
Marine Resources ◽  
Positive Effects ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Foreign Countries ◽  
United Nations Convention ◽  
The Law ◽  
The Right ◽  
The Impact

Amendment to the United Nations Convention on the Law of the Sea of 1982 with Law No. 17 the Year 1985 makes Indonesia have the right to utilize, conservation, and manage fish resources in Indonesia's exclusive economic zone and the high seas. Such rights are exercised under applicable international terms or standards. Therefore, legislation was made related to the sinking of illegal fishing vessels in Indonesian territorial waters through Law No. 45 of 2009 on Fisheries. Indonesia's high wealth of marine resources does not run following all layers' expectations after illegal fishing. However, the juridical consequences of applying the law have several impacts, namely the impact of sinking foreign vessels on relations with foreign countries and negative-positive effects in the marine environment due to the sinking of foreign vessels illegal fishing actors.

scholarly journals The Future of The Profession of Accountant Sharia Enter MEA In 2017

2017 ◽  
pp. 31
Author(s):  
Agus Arwani
Keyword(s):  
Social Responsibility ◽  
Agency Theory ◽  
Conflict Of Interest ◽  
Science And Technology ◽  
Accounting Standards ◽  
Financial Statements ◽  
The Other ◽  
The Future ◽  
The Right ◽  
The Impact

Accountants are the actors who contribute to the establishment and implementation of accounting as a structure. On the other hand the consequences of the application of modern accounting shows the impact of a less than satisfactory. Facts show the number of accounting manipulation scandal that hit the company's financial statements and the low awareness of their social responsibility and the environment implies that very large changes in accounting principals. Accounting reality is part of how accountants take on the role. Deviations reality always brings accountants as party central is how actors and structures form mutually met. Habitus actor '' greedy '' met with accounting (capitalism) as a structure that legitimize it. In reality accountant (agent) looks so lost in the shackles of capitalism, so the agency theory in the form of a conflict of interest, it seems to shift the basis of mutual symbiosis between the interests of management and accountants. Accountants must be returned khittah her as a sovereign profession, he is an ideologue as Rausyan Fikr. All forms of deep-an accountant in worship, glorify the '' number '' in the sense of making all tasks as tasks (treatises) '' prophetic '' to map the right stakeholders fairly and correctly. This can only take place within the frame sovereign  and raise awareness of the Godhead (fervently) to put God at the summit toward accountability. Readiness accountant sharia in entering the MEA in 2017 with preparing the capabilities and expertise of sharia-based accounting standards IFRS, Accounting Sharia must understand the risks of sharia, sharia accounting should be standardized SDI International, science and technology capabilities accountant sharia be reliable.

Conflict of Interest and Decision Making

2021 ◽  
pp. 265-282
Author(s):  
Geneviève Helleringer
Keyword(s):  
Decision Making ◽  
Conflict Of Interest ◽  
Cognitive Biases ◽  
Institutional Design ◽  
Conflicts Of Interest ◽  
Self Regulation ◽  
Central Element ◽  
Professional Norms ◽  
The Impact ◽  
Harmful Effects

This chapter looks at conflicts of interest (COI). It first considers tools of analytic philosophy to highlight the notion of COI, and in particular, the connection between COIs, choice and judgment, emphasising why decision making is a central element in the characterisation of COIs. Drawing on these elements, it is clear that any question of regulation and institutional design requires a sophisticated understanding of the capacity of individuals to recognise and resist bias in themselves and others when making judgments and decisions. The chapter then studies two specific mechanisms—bounded rationality and cognitive biases—that affect the behaviour of people in COI situations. It starts by analysing how rationalisation can reframe questionable behaviour as appearing acceptable, and how a sense of invulnerability encourages people to downplay the impact of COIs. The chapter then looks at techniques (policies, procedures, incentives, etc.) used to address COI situations in the light of insights from psychological studies. It concludes that both fiduciary duties and procedural requirements reflect an erroneous understanding of psychology and have led institutions and policies to deal ineffectively—if not indeed counterproductively—with the problems caused by COIs. Finally, the chapter assesses how alternative mechanisms may overcome the highlighted deficiencies. It specifically focuses on the key role that professional norms can play in dealing with unavoidable COIs while preserving trust between the affected parties, and the potential for self-regulation to provide worthwhile tools in combatting the harmful effects of COIs.

Attempts at City Self-Empowerment

City, State ◽  
2020 ◽  
pp. 151-172
Author(s):  
Ran Hirschl
Keyword(s):  
Affordable Housing ◽  
Constitutional Law ◽  
Smart Cities ◽  
Right To The City ◽  
Urban Citizenship ◽  
Efficient Construction ◽  
The Right ◽  
Community Representation ◽  
Refugees And Asylum Seekers ◽  
The City

This chapter examines efforts by constitutionally voiceless cities and mayors to expand cities’ quasi-constitutional powers through urban citizenship schemes or, more frequently, through international networking and collaboration based on notions such as “the right to the city,” “sustainable cities,” “solidarity cities,” and “human rights cities.” For the most part, such initiatives have a socially progressive undercurrent to them. They address policy areas such as air quality and energy efficient construction, “smart cities,” affordable housing, enhanced community representation, or accommodating policies toward refugees and asylum seekers. Such experimentation with city self-emancipation is increasing in popularity and possesses significant potential in policy areas not directly addressed or hermetically foreclosed by statist constitutional law.

20. Freehold Covenants

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Third Parties ◽  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
The Difference ◽  
Concept Building ◽  
The Right ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the difference between restrictive and positive covenants; the rules which govern the running of the burden of covenants; the rules regulating who initially has the right to enforce a covenant; the significance of s56 of the Law of Property Act 1925, and the impact of the Contracts (Rights of Third Parties) Act 1999; the rules regarding assignment of restrictive covenants; the concept ‘building scheme’; and whether a positive or restrictive covenant will pass to successors in title.

scholarly journals The 2011 Commonwealth Local Government Conference: Energising Local Economies: An Overview

1970 ◽  
Author(s):  
Sue Rhodes
Keyword(s):  
Local Government ◽  
Local Governments ◽  
Global Financial Crisis ◽  
Local Economic Development ◽  
Local Economies ◽  
Financial Difficulties ◽  
Economic Climate ◽  
The Global Financial Crisis ◽  
The Right ◽  
The Impact

In the current economic climate, creating the right environment for local enterprise, inward investment, and business and skills development, is an important factor in ensuring the prosperity and wellbeing of local communities. The impact of the global financial crisis has not been uniform across the Commonwealth and countries are using different strategies to overcome their financial difficulties. Local government increasingly plays an important part in this. More and more local governments in countries across the Commonwealth have responsibilities and powers for local economic development: in some countries local authorities can already show how their policies and actions are helping energise their local economies, while in other countries local councils are just beginning to get to grips with these responsibilities.

Grotius and the Origin of the Ruler's Right to Punish

Grotiana ◽  
2007 ◽  
Vol 26 (1) ◽  
pp. 396-415 ◽  
Author(s):  
Gustaaf van Nifterik
Keyword(s):  
Constitutional Law ◽  
John Locke ◽  
Thomas Hobbes ◽  
The State ◽  
Constitutional Theory ◽  
War And Peace ◽  
The Law ◽  
The One ◽  
The Right

AbstractAn important aspect of any constitutional theory is the state's power to punish transgressions of the law, or the ius gladii. Although Grotius never formulated a complete, comprehensive constitutional theory, traces of such a theory can be found in many of his writings not explicitly devoted to constitutional law. Punishment even plays an important role in his books on war (and peace), since to punish transgressions of the law is ranked among the just causes of war.Given the fact that a state may punish transgressions of the law – transgressions by individuals within and even outside the state, but also transgressions of the law by other states – the question may arise concerning the origin of such a right to punish. It will be shown that Grotius did not give the same answer to this question in his various works. As the right to punish is concerned, we find a theory that seems to be akin to the one of John Locke in the De iure praedae (around 1605), one akin to the theories of the Spanish late-scholastics in De satisfactione and De imperio (around 1615), and a theory coming close to what Thomas Hobbes had said on the ruler's right to punish in the De iure belli ac pacis (around 1625).Of course, Grotius can only have been familiar with the theory of the Spanish late-scholastics, since those of Locke and Hobbes were still to be written by the time Grotius had passed away.

scholarly journals The good character ‘backstop’: directions, defeasibility and frameworks of fairness

Legal Studies ◽  
2020 ◽  
Vol 40 (4) ◽  
pp. 675-693
Author(s):  
Richard Glover
Keyword(s):  
Criminal Trials ◽  
European Court ◽  
Jury Verdicts ◽  
House Of Lords ◽  
Character Evidence ◽  
The Law ◽  
Grand Chamber ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

AbstractThis paper examines the law on good character evidence in criminal trials through a discussion of the important but under-analysed case of Hunter, in which a five-judge Court of Appeal sought to clarify the law on good character directions to the jury. However, it is argued here that the judgment conflicts with the leading House of Lords decision in Aziz. The paper considers how the court misinterpreted the law and, in particular, the defeasible nature of the rule in Aziz and the impact of the Criminal Justice Act 2003. As a result, the circumstances in which a good character direction will be provided have diminished significantly. It is argued that this has important implications for the right to a fair trial, as good character directions act as a ‘backstop’ against miscarriages of justice. They also form a vital part of the ‘framework of fairness’ considered necessary, in lieu of reasoned jury verdicts, by the Grand Chamber of the European Court of Human Rights in Taxquet v Belgium. Accordingly, it is contended that Aziz rather than Hunter should be followed so that, where there is evidence of good character, a direction is normally provided as a matter of law.

Sign in / Sign up

Export Citation Format

Share Document