scholarly journals PROBLEMATIC ASPECTS OF LITHUANIAN LEGAL REGULATION OF IMPEACHMENT PROCEDURE TO A MEMBER OF LOCAL MUNICIPAL COUNCIL

2021 ◽  
Vol 12 ◽  
pp. 24-37
Author(s):  
Karolis Kaklys ◽  
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Political Force ◽  
Municipal Council ◽  
Full Responsibility ◽  
Democratic System ◽  
The Law ◽  
The Republic ◽  
Local Politician ◽  
Problematic Aspect

Although members and mayors of municipal councils are not included in the list of persons who may be subject of Impeachment proceedings under the Constitution, a peculiar variant of the institute of Impeachment is the procedure of premature loss of authority of a mayor or a member of the local municipal council, which is established in Article 25 (1) of the Law on Local Self‐ Government of the Republic of Lithuania. In a democratic system it is vitally important that every local politician who takes an oath takes full responsibility, regardless of whether he works in the majority or minority of the municipal council and/or to which political force he belongs. The problematic aspect is that it is very complicated to initiate the impeachment proceedings on a politician who belongs to the majority and has broken the oath, and there are almost no practical possibilities to complete it as such possibilities remain only theoretical and very poorly feasible. The main tasks of the research is to determine practical and theoretical possibilities to initiate Impeachment proceedings against politiciansin the majority;to revealthe essential problematic aspects of legal regulation of Impeachment procedure to a member (or a mayor) of municipal council and to draw some solutions related to these questions analysed for Lithuanian legislator in order to improve national legal regulation. The research was carried out by employing logical, comparative, system analysis, monitoring, linguistic, empirical, synthesis and generalization methods.

scholarly journals Approbation of Results Obtained During Interview: Research of Possibilities for Exercising the Rights of Political Oppositions in Lithuanian Self-Government

2021 ◽  
Vol 3 (21) ◽  
pp. 127-138
Author(s):  
Karolis Kaklys
Keyword(s):  
Empirical Research ◽  
Minority Rights ◽  
Legal Regulation ◽  
Target Group ◽  
Detailed Data ◽  
Interview Method ◽  
Municipal Council ◽  
Interview Research ◽  
The Law ◽  
The Republic

Analysing the problematic aspects of the legal regulation of local self-government of the Republic of Lithuania related to the realisation of the rights provided for the minority (opposition) of the municipal council in the Law on Local Self-Government and other legal acts, the following empirical research was performed. During the research, the method of interviews was used in order to identify, as precisely as possible, the problems of the realisation of the rights of political minorities (opposition) in the whole Lithuanian municipality. It is the interview method that was chosen to ensure the interaction between the researcher and the respondent, which enables to obtain the widest and deepest possible information in identifying practical problems and also allows to collect the detailed data needed to solve the identified problems. The interview focused on the target group of respondents from many different Lithuanian municipalities who are fully acquainted with the practical aspects of the realisation of the minority rights of the council. All respondents are current or former opposition members of municipal councils. With the aim of maximising practical benefits, as many as thirty respondents were interviewed in this research. Keywords: local self-government, political minority’s rights, opposition.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

Aspects Of Legal Regulation Of Electronic Document And Electronic Document Circulation In Business

2020 ◽  
Vol 02 (11) ◽  
pp. 8-14
Author(s):  
Allayarova Nargiza Imamnazarovna ◽  
Keyword(s):  
Information Exchange ◽  
Legal Regulation ◽  
Document Management ◽  
Electronic Document ◽  
Payment Systems ◽  
Electronic Document Management ◽  
Special Paper ◽  
The Law ◽  
The Republic ◽  
Almost All

This article discusses the provisions of the current legislation of the Republic of Kazakhstan and the Republic of Uzbekistan, regulating the field of electronic document management. The article considered the regulatory legal acts of the Republic of Kazakhstan and the Republic of Uzbekistan, regulating the issues of drawing up an electronic document and implementing electronic document management, such as: the Law of the Republic of Kazakhstan "On electronic documents and electronic digital signature" dated January 7, 2003; The Law of the Republic of Uzbekistan "On Electronic Document Management"; Law of the Republic of Kazakhstan "On Informatization" dated November 24, 2015 No. 418; Law of the Republic of Uzbekistan "On informatization" dated December 11, 2003 No. 560; Law of the Republic of Kazakhstan dated July 26, 2016 No. 11"On payments and payment systems"; Law of the Republic of Uzbekistan dated November 1, 2019 No. 578 "On payments and payment systems". When considering the issue of drawing up an electronic document in electronic document management systems, it is clear that the issue of certifying an electronic document with a seal in the necessary cases has not been settled. For a document to be considered signed and certified with a seal, it is necessary that such a signature and seal be included in the electronic document. Today there is a formal obstacle to the electronic document flow of documents, the creation of which is carried out on special paper forms with coats of arms or emblems. This requirement applies to certain types of statutory, financial documents, notarized documents, etc. In connection with the widespread use of information communications, the problem of information security, the existing systems for storing, transferring and processing information, becomes very important for society. Currently, the prevailing epidemiological situation in the country and in the world has significantly accelerated the exchange of data in electronic form in all spheres of society. Almost all activities of the society have switched to the electronic format of information exchange, including entrepreneurship. We hope that in the Republic of Kazakhstan and in the Republic of Uzbekistan, the development of the digital economy model will have a productive effect on the development of entrepreneurship and help overcome the problems existing in business.

Recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan: A comparative analysis of the main ideas

2021 ◽  
Vol 28 (4) ◽  
pp. 190-199
Author(s):  
Nataliia S. Kuznietsova ◽  
Maidan K. Suleimenov ◽  
Farkhad S. Karagusov
Keyword(s):  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Current State ◽  
Clear Guideline ◽  
The Republic ◽  
Civil Codes ◽  
Historical Comparative ◽  
Main Ideas

Systematic updating of the civil legislation of Ukraine and modernisation of the civil legislation of the Republic of Kazakhstan are time-consuming tasks as evidenced by the analysis of changes that were made to the civil codes of Ukraine and the Republic of Kazakhstan and their law enforcement practice. Work on updating civil legislation requires an assessment of the current state and prospects of socio-economic development of Ukrainian society and the state, in particular the development of such an important component as the national legal system, which is presented in the concept of updating the Civil Code of Ukraine. It is crucial that the main areas of the concept orient the development of civil law in Ukraine, considering the current experience of recodification of civil codes of other states within the continental legal family. Considering that civil legislation is also being modernised in the Republic of Kazakhstan, the purpose of this study is to compare the main ideas of recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan to establish a systematic approach and a unified concept for the development of civil law and form a clear guideline for the improvement of civil legislation. The study analyses the areas of updating the civil legislation of Ukraine and the Republic of Kazakhstan based on both general (historical, comparative, system analysis) and special (specific-sociological, formal legal, legal-technical, etc.) methods. One of the most reasonable ways to ensure continuity of legal regulation of civil relations and ensure the modernisation of the legal basis for the development of the sphere of social and legal relations in the long term is the approach that should preserve all the achievements of existing civil codes, considering modern European approaches and the specific features of civil and business turnover

scholarly journals Ajaran Turut Serta Tindak Pidana Korupsi

2019 ◽  
Vol 3 (1) ◽  
pp. 35-52
Author(s):  
Harry Arfhan ◽  
Mohd. Din ◽  
Sulaiman Sulaiman
Keyword(s):  
Supreme Court ◽  
Legal Regulation ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Public ◽  
The Supreme Court ◽  
The Law ◽  
The Republic ◽  
Banda Aceh

Penyertaan pada dasarnya diatur dalam pasal 55 dan 56 KUHP yang berarti bahwa ada dua orang atau lebih yang melakukan suatu tindak pidana atau dengan perkataan ada dua orangatau lebih mengambil bahagian untuk mewujudkan suatu tindak pidana. Penyertaan di dalam Undang-Undang Pemberantasan Tindak Pidana Korupsi yaitu Undang-Undang Nomor 31 Tahun 1999 jo Undang-Undang Nomor 20 tahun 2001 disebut sebagai pembantuan.Dalam putusan Kasasi Mahkamah Agung Nomor : 1769 K/PID.SUS/2015 menyatakan bahwa Terdakwa I Indra Gunawan Bin Alm. Saleh tersebut tidak terbukti secara sah dan menyakinkan bersalah melakukan perbuatan sebagaimana yang didakwakan dalam semua dakwaan Penuntut Umum dan Menyatakan Terdakwa II Irfan Bin Husen telah terbukti secara sah dan meyakinkan bersalah melakukan tindak pidana “Turut Serta Melakukan Korupsi”. Majelis Hakim Judex Factie Pengadilan Tinggi/Tipikor Banda Aceh dalam memeriksa dan mengadili perkara Aquo telah salah dalam menerapkan hukum atau suatu peraturan hukum tidak diterapkan atau diterapkan tidak sebagaimana mestinya, yaitu mengenai penerapan hukum pembuktian sehingga harus dibatalkan oleh Mahkamah Agung Republik Indonesia.The participation is basically regulated in articles 55 and 56 of the Criminal Code, which means that there are two or more people who commit a crime or say that there are two or more people taking part to realize a crime. The participation in the Law on the Eradication of Corruption Crime namely Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 is referred to as assistance. In the decision of the Supreme Court Cassation Number: 1769 K / PID.SUS / 2015 stated that Defendant I Indra Gunawan Bin Alm. Saleh is not proven legally and convincingly guilty of committing an act as charged in all charges of the Public Prosecutor and Stating Defendant II Irfan Bin Husen has been proven legally and convincingly guilty of committing a criminal offense "Also Participating in Corruption". Judex Factie Judge of the High Court / Corruption Court in Banda Aceh in examining and adjudicating the case of Aquo has been wrong in applying the law or a legal regulation was not applied or applied improperly, namely regarding the application of verification law so that it must be canceled by the Supreme Court of the Republic of Indonesia.

scholarly journals Comparative analysis of legal regulation of vinityculture and winemaking in Ukraine and Moldova

1970 ◽  
pp. 279-283
Author(s):  
Svitlana Marchenko ◽  
Khrystyna Petryna
Keyword(s):  
Comparative Analysis ◽  
Legal Regulation ◽  
Raw Material ◽  
Main Body ◽  
Material Base ◽  
Wine Production ◽  
Republic Of Moldova ◽  
Grape Wine ◽  
The Law ◽  
The Republic

The article presents the result of comparative analysis of the normative regulation of relations in the field of viticulture and winemaking in Ukraine and Moldova. The research is based on comparison of the Law of Ukraine “On Grapes and Grape Wine” and the Law of the Republic of Moldova “On Grapes and Wine”. The Law of the Republic of Moldova “On Grapes and Wine” consists of 9 chapters and 37 articles, including Transitional and Final Provisions. The main part of all articles regulates the legal, economic and social basis of viticulture and winemaking. The Law of Ukraine “On Grapes and Grape Wine” consists of a Preamble, 5 chapters that combine 15 articles, including the Final Provisions. And the legal issues of viticulture and winemaking are regulated disproportionately, because legal regulation of viticulture is covered only in two articles. In Moldova, the legal regulation of viticulture is carried out not only from the prospective of the raw material base for winemaking, as it is in Ukrainian legislation, but also regulates relations in the field of production, processing and sale of grape propagation and planting material, marketable grapes of table and technical varieties. According to the recent changes, wine production is no longer subject to licensing in Moldova, as well as to other restrictions related to advertising, time limits for sale etc. However, this issue remains problematic, since not all laws in Moldova were amended in accordance with the said changes. The Law of Moldova, is already adapted to EU requirements for the protection of geographical indications, while the Law of Ukraine "On Grapes and Grape Wine" still contains such terms as cognacs of Ukraine, champagne of Ukraine, etc. The institutional support of the legal regulation of winemaking in Moldova is noteworthy. The main body in this field is the National Burau of Grapes and Wine based on the public private partnership. The above advantages of legal regulation in the field of viticulture and winemaking should be adopted in Ukrainian legislation.

scholarly journals Abigeatus – mājlopu zādzība jeb aizdzīšana – kā noziedzīgs nodarījums pret īpašumu romiešu tiesībās

2021 ◽  
Vol 1 (19) ◽  
pp. 67-75
Author(s):  
Allars Apsītis ◽  
Osvalds Joksts
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Roman Law ◽  
Primary Sources ◽  
Legal Principles ◽  
Current Article ◽  
The Law ◽  
The Republic ◽  
The Impact

Rakstā atspoguļoti atsevišķi rezultāti no autoru realizētās romiešu tiesību pirmavotu izpētes saistībā ar tajos atrodamo informāciju par noziedzīgiem nodarījumiem pret īpašumu, kas mūsdienu Latvijā kriminalizēti Krimināllikuma 175. pantā “Zādzība”, 176. pantā “Laupīšana” un 179. pantā “Piesavināšanās”. Apskatīta un analizēta tiesiskā reglamentācija attiecībā uz abigeatus – mājlopu zādzību jeb aizdzīšanu, kas tika uzskatīta par bīstamāku un smagāku nodarījumu nekā parasta zādzība (lat. furtum) un tāpēc bargāk sodīta. Aplūkoti arī minētā noziedzīgā nodarījuma kvalifikācijas un sodīšanas politikas legālie kritēriji romiešu tiesībās. Saskaņā ar autoru informāciju Latvijas pētnieki šo tematiku visai maz apskatījuši, un pētījums varētu dot zināmu ieguldījumu nacionālās tiesību zinātnes attīstībā, īpaši jautājumā par romiešu tiesību principu ietekmi uz Latvijas Republikas normatīvajos aktos ietvertajiem mūsdienu tiesību institūtiem. The article deals with the results of research performed on the primary sources of the Roman Law regarding offences against property contemporaneity criminalised in the Criminal Law (Sections 175. Theft, 176. Robbery, 179. Misappropriation) of modern-day Latvia. It describes and analyses the Roman Law legal regulation regarding abigeatus – the offence of cattle stealing or “rustling” which was considered as a more dangerous and serious offense than ordinary theft (furtum) and therefore more severely punishable. According to the information in the possession of the authors, Latvian researchers have not yet in particular studied the current theme, and the publications in the Latvian language have not been detected yet. Accordingly, the current article could provide certain contributions to the development of the national field of law, especially regarding the impact of Roman legal principles on the development of modern legal institutes incorporated in the law of the Republic of Latvia.

scholarly journals INTERIM MEASURES IN ARBITRATION

2018 ◽  
Vol 28 (6) ◽  
pp. 2155-2160
Author(s):  
Emilija Gjorgjioska ◽  
Zorica Stoileva ◽  
Dijana Gorgieva
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Theory And Practice ◽  
State Court ◽  
Republic Of Macedonia ◽  
Legal Provisions ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
Interim Measures

In the arbitration, just like in civil litigation, it may be necessary before the final merit award is rendered by the arbitral tribunal, the relations between the parties to be temporarily settled. The need for ordering interim measures before or during an arbitration may arise in order to create conditions for maintaining the existing situation untilthe arbitration settlement of the dispute, facilitating the enforcement of the potential condemnatory arbitration award or faster conduct of the arbitration.Due to these advantages of the interimmeasures, the problem of interim measures in the modern arbitration process theory and practice gets more and more important. In the context of this, the questions arise what types of interim measures and under what conditions can be ordered in the arbitration?Who has the authority to order inerim measures: the state court or arbitrator of the arbitration tribunal or arbitrator for emergencies, and etc. Regarding the types of interim measures that can be ordered before or during the arbitration, there are: conservation, temporary, procedural-facilitating, record-keeping and execution-enforcement measures. The conditions for ordering each of these measures are specific and depend on the purpose and function of the interim measure itself. Regarding the dilemma who is auhtorized to order interim measures in the arbitration, it must be emphasized that the older arbitration theory and practice that has been created around state protectionist legal politics accepts the position that only the state court can order inerim measures while the contemporary arbitration theory and practice proves that the arbitrator of the arbitration court (more often) or an emergency arbitrator (less often) should order the imerim measures in the arbitration. It is precisely because of these problems and dilemmas that still baffle the science of the arbitration procedural law the subject of this paper will be the legal regulation of the subject matter of the interim measures in the Macedonian arbitration legislation. For this purpose, an analysis will be made of the positive legal provisions of the Law on Litigation Procedure of the Republic of Macedonia which regulates the domestic arbitration, the Law on International Commercial Arbitration of the Republic of Macedonia, which regulates the international arbitration and the Rules of The Permanent court of Arbitration attached to the Economic Chamber of Republic of Macedonia that apply to resolve arbitration disputes with and without a foreign element and will be analyzed whether they regulate and to what extent they regulate the issue of ordering of inrim measures in the arbitration. This will be done in order to conclude whether there is a need for amendments of the Macedonian Arbitration Legislation in order for the Macedonian arbitration procedural right to be in line with the modern arbitration tendencies for ordering interim measures in the arbitration, primarily the UNCITRAL Model Law.

scholarly journals GENESIS OF LEGAL INFORMATIZATION IN THE REPUBLIC OF BELARUS

2020 ◽  
Vol 16 (4-1) ◽  
pp. 185-198
Author(s):  
Марина Андрияшко
Keyword(s):  
Information Society ◽  
System Analysis ◽  
Legal Regulation ◽  
Point Of View ◽  
Scientific Methods ◽  
Special Scientific ◽  
General Scientific ◽  
Legal Restrictions ◽  
The Republic ◽  
Restrictive Measures

The announcement in 2020 of the COVID-19 pandemic raised the problems linked to the access to information and approaches to organizing informatization to an unprecedented level. In the context of full and partial quarantine measures, social distancing and other restrictive measures, subjects continue to participate in most of the usual legal relations: educational, medical, trade, services, voting, etc. Relations in the field of organizing legal informatization occupy a special place among other types of legal relations; moreover, their predetermining status is preserved when establishing legal restrictions. Considering the above, the study of the genesis of legal informatization on the example of the Republic of Belarus is of certain interest. Purpose: to carry out a historical and chronological analysis of the legal regulation of relations in the field of the formation and development of legal informatization in the Republic of Belarus. Methods: the author uses general scientific methods (system analysis, definitions, system-structural, functional and methods of argumentation theory) and special scientific methods (formal legal, comparative legal, comparative historical). Results: from the point of view of the chronology of adopting of normative legal acts on the development of the information society, the study develops the periodization of the formation and development of legal informatization in the Republic of Belarus.

scholarly journals New Standards in the Application of the Law on Protection Against Violence in the Family in the Republic of Srpska

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Tamara Marić
Keyword(s):  
Domestic Violence ◽  
Legal Regulation ◽  
Criminal Code ◽  
National Assembly ◽  
The Family ◽  
The Law ◽  
The Republic ◽  
Criminal Protection ◽  
Republika Srpska ◽  
First Time

Criminal protection against domestic violence in the Republika Srpska was established by the enactment of the Criminal Code in 2000, when domestic violence was, for the first time, legally defined as socially unacceptable behavior with a criminal sanction. A few years later, in 2005 to be precise, the first Law on Protection from Domestic Violence was adopted, the provisions of which took the basic form of the criminal offense of domestic or family violence from the Criminal Code and defined it as a misdemeanor. In order to prosecute perpetrators of violence faster and more efficiently, as well as faster and better protection of victims of domestic violence, a new Law on Protection from Domestic Violence was passed in 2012, which is also the most important legal regulation in this area in Republika Srpska. The said law underwent several amendments, and as such was in force until May 1 of the current year, when the Law on Amendments to the Law on Protection from Domestic Violence, which was adopted by the National Assembly of the Republika Srpska on The sixth regular session held in September 2019, which prescribes new legal solutions, which will be discussed in the continuation of the paper.

Sign in / Sign up

Export Citation Format

Share Document