Essence and social significance of the institute for adoption of a child in the Republic of Uzbekistan

2021 ◽  
Vol 28 (4) ◽  
pp. 239-249
Author(s):  
Feruza Ibratova ◽  
Zamira Esanova ◽  
Umida Shorakhmetova
Keyword(s):  
Legal Framework ◽  
Living Conditions ◽  
Best Interests ◽  
Adopted Children ◽  
Social Significance ◽  
Adoptive Family ◽  
Legal Norms ◽  
Child Adoption ◽  
Legitimate Interests ◽  
The Republic

According to the Civil Procedure Code of the Republic of Uzbekistan, the adoption of minor children is carried out only by a judicial body that meets the norms of the Constitution of the Republic of Uzbekistan, international law, as well as international agreements of the Republic of Uzbekistan and world practice of adopting children, which is in the best interests of the child. At the same time, there is a growing need for a radical improvement of the institutional and legal framework that guarantees the protection of the legal and legitimate interests of children and the protection of their rights. The purpose of the article is to analyze the legal norms of issues on the adoption of children. Scientific research is based on a set of such private methods as formal-logical, system-structural, comparative-legal, historical, etc., which made it possible to identify and substantiate the concept, essence and social significance of the institution of child adoption in the Republic of Uzbekistan. As a result of the research, it was established that in the science of family law adoption is defined in the following forms: as a legal act; as the upbringing of children in an adoptive family, providing living conditions equivalent to the living conditions of biological children; as a device for minors left without parental care. The article discusses the concepts, essence and social significance of adoption, personal and property rights of adopted children, interests of the child in implementation, procedural issues of adoption

Anak Angkat Sebagai Penghalang Penetapan Ahli Warits Perspektif Maqasid Syariah ( Analisis Terhadap Putusan Hakim Pengadilan Agama Pekanbaru Klas 1 No. 181/Pdt.P/2020/PA.Pbr )

2021 ◽  
Vol 7 (2) ◽  
pp. 169-188
Author(s):  
Muh Rizki
Keyword(s):  
Secondary Data ◽  
Adoptive Parents ◽  
Best Interests ◽  
Court Order ◽  
Adopted Child ◽  
Library Research ◽  
Child Adoption ◽  
The Republic ◽  
The Right

Abstrak. Di Indonesia pengangkatan anak/adopsi diatur dalam Undang-undang Republik Indonesia Nomor 23 tahun 2020 perihal pengangkatan anak, di dalam pasal 39 poin 1 dijelaskan, dalam hal ini pengangkatan anak hanya dapat dilakukan berdasarkan kepentingan yang terbaik bagi anak dan dapat dilakukan dengan ketentuan adat setempat dan ketentuan peraturan yang berlaku. Hal ini agar pengangkatan anak tidak terjadi kesalah fahaman atau pertikaian di belakang hari, terlebih-lebih apabila orang tua angkatnya meninggal dunia lebih dulu. Sebagaimana dalam putusan hakim Pengadilan Agama Pekanbaru klas 1A Nomor. 181/Pdt.P/2020/PA.Pbr, tentang penetapan ahli warits.  Majelis Hakim Pengadilan Agama Pekanbaru menolak penetapan ahli warits disebabkan adanya anak angkat, meskipun tidak ada bukti yang menunjukkan adanya penetapan pengadilan atau secara adat tentang pengangkatan anak tersebut. Berdasarkan uraian ini, maka penulis merasa perlu menganalisis dari asfek yuridis dan filososfis untuk menemukan jawaban mengapa permohonan penetapan ahli warits ini ditolak, dan apa dasar hukum hakim yang digunakan serta bagaimana putusan ini jika dianalisis dengan konsep maqasid syariah. Jenis penelitian dalam tulisan ini adalah penelitian pustaka (library reseach), yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan pustaka atau data sekunder belaka dengan menggunakan pendekatan hukum normatif dan pilosofis. Adapun kesimpulannya, bahwa anak angkat sangat punya kepentingan terhadap harta tirkah dari alamarhumah, karena para pemohon tidak memasukkan anak angkat sebagai orang yang berhak sebagai pihak dalam perkara aquo, majelis hakim berpendapat permohonan para Pemohon kurang pihak. Maka pertimbangan majelis hakim dengan menggunakan kaedah “Menolak mafsadah didahulukan daripada mengambil kemaslahatan”. Apabila dianalisis perkara ini dengan pisau analisis maqasid syariah  yang sesuai dengan prinsip maqasid syariah dan terhimpun dalam empat kulliyatul khams sekaligus, yakni memelihara agama (hifz ad-din), memelihara jiwa (hifz an-nafs), memelihar akal (hifz al-aql dan memelihara harta (hifz al-mal). Abstract. In Indonesia, adoption/adoption is regulated in the Law of the Republic of Indonesia Number 23 of 2020 regarding child adoption, in article 39 point 1 it is explained, in this case the adoption can only be carried out based on the best interests of the child and can be carried out with local customary provisions and applicable regulations. This is so that the adoption of a child does not cause misunderstandings or disputes later in life, especially if the adoptive parents die first. As in the decision of the Pekanbaru Religious Court class 1A No. 181/Pdt.P/2020/PA.Pbr, regarding the determination of heirs. The Pekanbaru Religious Court Panel of Judges rejected the determination of heirs due to the presence of an adopted child, although there is no evidence to show that there was a court order or custom regarding the adoption of the child. Based on this description, the author feels the need to analyze from the juridical and philosophical aspects to find answers to why the application for the determination of heirs was rejected, and what is the legal basis of the judge used and how this decision is analyzed with the concept of maqasid sharia. The type of research in this paper is library research, namely legal research carried out by examining library materials or secondary data using normative and philosophical legal approaches. As for the conclusion, that the adopted child is very interested in the tirkah property of the alamarhumah, because the petitioners do not include the adopted child as a person who has the right as a party in the aquo case, the panel of judges is of the opinion that the petition of the petitioners is lacking in parties. Then the consideration of the panel of judges using the method "Rejecting mafsadah takes precedence over taking benefit". When analyzed this case with a maqasid sharia analysis knife which is in accordance with the principles of maqasid sharia and is compiled in four kulliyatul khams at once, namely maintaining religion (hifz ad-din), preserving soul (hifz an-nafs), preserving reason (hifz al-aql and maintain property (hifz al-mal).

scholarly journals THE IMPLEMENTATION OF CHILDRENADOPTION LICENSING IN THE BENGKULU PROVINCE BASED ON GOVERNMENT REGULATION NUMBER 54 OF 2007 CONCERNING THE IMPLEMENTATION OF CHILDREN ADOPTION

2021 ◽  
Vol 11 (1) ◽  
pp. 110-122
Author(s):  
Willy Purnama Hidayanti ◽  
Edra Satmaidi ◽  
Amancik Amancik
Keyword(s):  
Government Regulation ◽  
Adoptive Parents ◽  
Best Interests ◽  
Adoption Process ◽  
Social Rehabilitation ◽  
The Social ◽  
Consultation Team ◽  
Child Adoption ◽  
The Republic ◽  
The Government

The State and the Government are obliged and responsible for the orderliness of children adoption practices, both in terms of administration and legal certainty. Therefore several policies were issued through legislation and jurisprudence that regulates and handles the issue of children adoption. The implementation of children adoption must be based on Government Regulation of the Republic of Indonesia Number 54 of 2007 concerning Children Adoption. This study aims to get an overview and explanation of the Implementation of Licensing for ChildrenAdoption in Bengkulu Province Based on Government Regulation 54 of 2007 concerning the Implementation of Children Adoption. The children adoption process requires regulations that are in accordance with the Laws and Government Regulations and needs control of how they are implemented in the field. In addition to the Social Department of Bengkulu Province as the technical executor of adoption activities, it is necessary to establish a Regional Consultation Team for Children Adoption (known as PIPA in Indonesian abbreviation), to avoid irregularities in the process of implementation of children adoption, such as the adoption of children carried out without proper procedures, falsification of data and the existence of child trafficking, so the goal of adopting a child for the best interests of the child is not achieved. In analyzing the data in this thesis, the researcher applied a qualitative juridical analysis approach that describes the picture of the data obtained by researcher in the field and connects with each other to get a general conclusion. From the results of the qualitative juridical analysis, it can be seen and obtained inductive conclusions, namely the way of thinking in taking conclusions in general was based on facts that are specific. Data collection methods in this study were done through in-depth interview techniques, observation and documentation.The informants in this study were determined by selecting informants who comprehended and were directly involved in the implementation of child adoption programs. The informants consisted of the Head of Social Rehabilitation Division at the Social Department of Bengkulu Province, Head of Children and Elderly Social Rehabilitation Section at the Social Department of Bengkulu Province, Head of ChildrenProtection Section of the Women Empowerment Department and Children Protection in Bengkulu Province, Children Social Workers and Parents or Prospective Adoptive Parents who follow procedural for children adoption in accordance with applicable regulations. Data processing and analysis were conducted through data reduction, data presentation and conclusion drawing.

LEGAL CHALLENGES CONCERNING SOME BENEFICIARIES OF ESTATES GOVERNED BY ISLAMIC LAW IN NIGERIA

2017 ◽  
Vol 25 (1) ◽  
Author(s):  
Ismael Saka Ismael ◽  
Abdulmumini Adebayo Oba
Keyword(s):  
Islamic Law ◽  
Legal Framework ◽  
Adopted Children ◽  
International Human Rights Law ◽  
Legal Norms ◽  
The People ◽  
Legal Challenges ◽  
The Face ◽  
Personal Law ◽  
Law Of Succession

Under Islamic law, succession is divided into inheritance (mirath) and wills (wasiyyah) with detailed rules on how the estate of a deceased Muslim should be distributed. Islamic law of succession of the Maliki school is applicable in Nigeria as part of the personal law of Muslims. The application of Islamic legal norms in the country is generally limited by the parameters set by the state. Islamic law and its administration face many challenges from the absence of a legal framework for a systematic administration of estates governed by Islamic law. Other challenges come from the cultures and social practices of the people and from international human rights law and the bill of rights in the Nigerian constitution that  vary from some provisions of Islamic succession law. This article analyses the effects of the above on the following classes of beneficiaries: non-Muslims, female heirs, illegitimate children, adopted children, heirs outside the jurisdiction of the court, orphaned grandchildren, dissenting heirs whose concurrence is required, successors to deceased heirs, and the Bait ul-Mal (‘Public Treasury’). The article found that in the face of these challenges, Nigeria remains largely faithful to the Maliki School. The article suggests areas where more compliance with Islamic law is needed.

scholarly journals Comparative analysis of materiovigilance systems of Macedonia, USА, EU, Japan and China and their role in public health

2019 ◽  
Vol 11 (1) ◽  
pp. 20-30
Author(s):  
Vlatko Kokolanski ◽  
Suzana Trajkovikj -Jolevska ◽  
Rozalinda Isjanovska ◽  
Kiro Ivanovski ◽  
Katarina Dirjanska
Keyword(s):  
Public Health ◽  
Medical Device ◽  
Legal Framework ◽  
Shared Responsibility ◽  
Regulation System ◽  
Legal Norms ◽  
Advantages And Disadvantages ◽  
Republic Of Macedonia ◽  
The Republic ◽  
Japan And China

Materiovigilance is a system applied for the purpose of detecting, gathering, monitoring, assessing and responding to new data on safety of medicinal products and related to the use of medical device related to possible incidents during use. The aim of this paper was to show the characteristics of the system of materiovigilance in the Republic of Macedonia compared to four other jurisdictions (US, EU, Japan and China), the recognition of the advantages and disadvantages of the systems and their impact on public health. Material and methods: For the realization of the aim of the study, we conducted an analysis of data published on the web pages of regulatory authorities related to the existing legal framework and review of the literature available on the network for scientists and researchers ResearchGate. General dialectical method as well as legal methods (dogmatic and normative method) were used in this study in order to determine the content, the meaning and the importance of the legal norms which regulate the system of materiovigilance. Results: The five systems of materiovigilance have several features that include monitoring of adverse events caused by medical device that have been granted a marketing authorization. Globally, these systems provide different, shared responsibility of all stakeholders. Thus, the scope of responsibilities of producers is significantly higher in Japan and China, opposed to the EU and Macedonia, where the responsibility is passed on to distributors, health professionals and other for-profit entities. United States is in the middle between these two extreme systems of materiovigilance, where the FDA has the responsibility to protect the public health forecasting responsibilities to the industry. Conclusion: There are significant variations in the regulation system of materiovigilance in the Republic of Macedonia and the analyzed legal systems. To date, there is no empirical evidence that one system is better than another, but it is indisputable that each system has its advantages and disadvantages regarding the protection of public health. Within the analyzed systems of materiovigilance three best practices can be seen that contribute to the improvement of public health: transparency, repeating the examination of medical device and central versus local control. 

THE IMPORTANCE OF INTERNATIONAL DOCUMENTS IN THE EDUCATION OF PERSONS WITH DISABILITIES AND THEIR SOCIAL AND LEGAL ANALYSIS

2021 ◽  
Vol 6 (8) ◽  
pp. 22-30
Author(s):  
Bekjon Ismoilov ◽  
Keyword(s):  
Positive Impact ◽  
People With Disabilities ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
International Standards ◽  
Children And Youth ◽  
Legal Analysis ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Legitimate Interests

The article examines the conceptual significance of international legal norms representing the rights, freedoms and legitimate interests of persons with disabilities. In particular, a comprehensive analysis of the positive impact of UNinternational documents on the lives of people with disabilities is carried out. We know that the national legal framework and international legal norms have a special place inthe integration of people with disabilities into a healthy society. In particular, the organization of education for children and youth with disabilities in accordance with international standards will increase the effectiveness of education for people with disabilities. and also, the article analyzes in detail the types of education for children with special needs in accordance with the existing regulatory framewor

PREVENTION OF OFFENSES IN THE BUDGETARY SPHERE BY MEANS OF ADMINISTRATIVE LAW

2017 ◽  
Author(s):  
Iryna Komarnytska ◽  
Keyword(s):  
Public Administration ◽  
Legal Framework ◽  
Scientific Basis ◽  
Preventive Action ◽  
Social Significance ◽  
Public Authorities ◽  
Legal Norms ◽  
Potential Possibility ◽  
Illegal Activities ◽  
Key Terms

The paper investigates the prevention of budget violations committed by officials of public authorities. The scientific basis for the study of the prevention of budget violations committed by officials of public administration bodies has been determined, and it has been established that it is a system of scientific ideas, approaches to the scientific interpretation of key terms and categories, in particular, the prevention of budget violations and the prevention of budget violations, administrative offenses, officials, public administration, public administration authorities and others, knowledge about the adoption of legal norms in the studied area and their meaningful change. As a result of the formation of the scientific basis of the study, insufficient attention of domestic scientists to the problem of crime prevention in the public sector, scientific substantiation of ways to solve the problem of unification of the normative regulation of this area in our time was stated. It has been proved that the prevention of budget offenses committed by officials of public administration bodies should be considered a complex and multifaceted legal phenomenon, which can be represented by a set of special measures of influence on officials of public administration bodies to neutralize the potential possibility of committing budget violations, elimination of factors that cause illegal activities , in order to protect public order, the rights and freedoms of citizens and the established order of government. It was found that its features are due to the peculiarities of the general legal framework for implementation, the sphere of preventive action, the rhiznoplanovist of measures of influence (individual, special and social preventive measures), the increased social significance of countering such torts.

scholarly journals Parental Responsibilities to Children in the Republic of Kosovo

2014 ◽  
Vol 4 (1) ◽  
pp. 217
Author(s):  
MSc. Shpresa Ibrahimi ◽  
Dr.Sc. Hamdi Podvorica
Keyword(s):  
Legal Framework ◽  
Customary Law ◽  
Best Interests ◽  
The European Union ◽  
Development Education ◽  
Healthy Development ◽  
Positive Law ◽  
Rights Of The Child ◽  
Long Time ◽  
The Republic

For a long time, in Albanian customary law, parental responsibilities were an exclusive competency of fathers. In positive law, especially with the reform of the legal system in the Republic of Kosovo, now both parents are fully equal in exercising parental responsibilities. Children are the future of any society, and therefore, their upraising, education and proper welfare of children is an objective and responsibility not only for the parents, but also of societal and state institutions. Although parent-child relations incorporate moral, biological and legal elements, the absolute power of parents must be shared between parents and proper social and educational policies, in the heart of which are always the best interests of the child.Kosovo has already adopted a complete legal framework, approximated to the standards of the European Union and international instruments which clearly provide on the rights of the child and responsibilities of parents and institutions in enjoying such rights. Within the range of this new legal framework, we make an effort of addressing parental responsibilities, which are exercised in terms of personality of children, and derive as a result of personal non-material relations. Our work is focused on a study of parental responsibilities in terms of giving a personal name, healthy development, education and upraising. We have also analysed several court rulings related to the rights of the child and responsibilities of parents in enjoying such rights, which we believe are to enrich and render the paper more interesting.

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

Legal Practice in the Southern Leon and Castile of the 12th Century: a Borderline State

Istoriya ◽  
2021 ◽  
Vol 12 (9 (107)) ◽  
pp. 0
Author(s):  
Galina Popova
Keyword(s):  
Legal Framework ◽  
Practical Implementation ◽  
Legal Tradition ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Legal Traditions ◽  
12Th Century ◽  
History Of ◽  
Normative Basis ◽  
Judicial Proceedings

The article is devoted to the legal history of the lands of the Kingdom of Toledo in the first two hundred years after the Christian reconquest. The assimilation of the conquered lands by the new political power, preserving the border position, leads to the emergence of a special legal tradition, typical for other similar territories, which received the general name “extremadura” — “borderland”. The Fueros, created in the Kingdom of Toledo, from the very beginning, firmly linked the territorial and personal nature of the legal norms included in their texts. The formation of local legal traditions took place with the active participation of the local elite, which was reflected in the editing of Fuero texts. The inhabitants of Toledo were supposed to use the Visigothic "Liber iudiciorum" as a normative basis for legal proceedings, but at the same time maintained the legitimate possibility of resorting to norms of a different origin, the so-called “Fuero of Castilians”. The lack of a strict systematization in the legal framework of the proceedings was reflected in the organization of judicial officials in Toledo. The good preservation of the local act material allows us to consider in more detail the practical implementation of the legal norm in the process of judicial proceedings, recorded in Arabic in the protocol of the end of the 8th century.

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