The Jewish Question in Galicia: The Reforms of Maria Theresa and Joseph II, 1772‒1790

1999 ◽  
pp. 61-72
Author(s):  
Stanisław Grodziski
Keyword(s):  
Jewish Population ◽  
Legal Status ◽  
Jewish Question ◽  
Polish Population ◽  
Nationalist Movement ◽  
Legal Norms ◽  
Legal Situation ◽  
The Status ◽  
Joseph Ii ◽  
Secondary Issue

This chapter focuses on the reforms imposed by the Austrian authorities, who did not recognize the institutions and legal norms that had been inherited from Polish times in the annexed territory of Galicia. Specifically, it examines those reforms that pertained to the legal status of the Jewish population and can be separated quite easily from the wider Theresian–Josephine reforms. Here, the status of the Jews was by no means a secondary issue. The consequences of these reforms may be appraised on several levels. The chapter takes into consideration, first, the economic, social, and legal situation of the Jewish population in Galicia; second, that population's degree of loyalty to the new authorities; third, Jewish coexistence with the Polish population (and, to the degree that the Ukrainian nationalist movement developed, also with the Ukrainian population); and fourth, the situation of Galician Jewry in comparison with the position of Jews under the Polish republic before partition and with the situation of those Jews who found themselves under Russian rule after 1795.

Some Features of Termination of Rowers of the Chairman of the Court of General Jurisdiction

2021 ◽  
Vol 4 ◽  
pp. 66-70
Author(s):  
Ya.B. Zholobov ◽  
Keyword(s):  
Legal Status ◽  
Early Termination ◽  
Legal Norms ◽  
The Status ◽  
Age Limit

The derivative nature of the legal status of the president of the court from the status of a judge in general requires the establishment of certain correspondences in the mechanisms for its acquisition and termination. At the same time, the existence of disciplinary and other liability of court presidents for non-performance of their duties leads to an arbitrary interpretation and application of existing legal norms established at the level of legislative and subordinate acts. The article supports the idea of appointing presidents of courts from among persons with judicial status. The options for terminating the powers of the chairman of the court are considered: automatic suspension or termination in the event of suspension or termination of their powers as judges of the respective courts; reaching the age limit for office; voluntary resignation while retaining the powers of a judge; early termination of powers of the chairman of the court with the preservation of the position of judge in connection with the failure to perform or improper performance of his official duties.

scholarly journals HAK KEWARISAN BAGI AHLI WARIS YANG MELAKUKAN OPERASI PENYESUAIAN KELAMIN GANDA (KHUNTSA) DALAM TINJAUAN HUKUM ISLAM

2017 ◽  
Vol 2 (1) ◽  
pp. 63
Author(s):  
Wiwit Widya Wirawati ◽  
Abdullah Kelib
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Research Result ◽  
Secondary Data ◽  
Legal Norms ◽  
Descriptive Research ◽  
The Status ◽  
Approach Method ◽  
The Right ◽  
Double Sex

<p>ABSTRACT<br />Allah SWT has set the rules on the issue of inheritance clearly and firmly in Al-Qur'an Surah An-Nisa article 11. It explains about the division of inheritance based on male and female sex, that is 2:1 (Das Sollen). But in fact there is a group of people called Khuntsa (double sex). Neither in Al-Qur‘an nor Hadist explains the provisions of inheritance for khuntsa heirs and the large number of parts they receive (Das Sein). The formulation of the problem in this study is how inheritance for the heirs who perform double genital surgery (khuntsa) according to KHI and how the right should be given to the heirs who perform<br />double genital adjustment surgery (khuntsa) in accordance with Islamic Law. <br />This research uses juridical normative approach method with analytical descriptive research specification. Sources and types of data are secondary data obtained from Islamic legal norms on inheritance and khuntsa obtained from Al-Quran, Hadist, KHI, and fuqaha and experts opinions in various literature on inheritance and khuntsa. <br />Based on the research result, khuntsa inheritance right is not regulated in KHI.<br />Theredore if khuntsa conducts genital adjustment surgery, and get the clarity of its legal status hence its right of inheritance is as specified in Article 176 KHI. The provision of inheritance for khuntsa heirs in Islamic Law is khuntsa first predicted as male then female.<br />Khuntsa and other heirs share the smallest and most convincing estimates, while the remaining doubts are held until the status of the khuntsa law is clear. If the khuntsa matter is clear, the acceptance of all the heirs is perfected by adding share to those who are reduced according to the acceptance they should receive. In the future, the formulation of KHI should regulate the right of khuntsa inheritance along with the amount of the inheritance received.</p><p> </p>

scholarly journals FEATURES OF THE LEGAL STATUS OF MINOR PARENTS

2020 ◽  
Vol 5 (3(72)) ◽  
pp. 53-57
Author(s):  
A.I. Mamoshin
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Scientific Article ◽  
Knowledge Analysis ◽  
Legal Situation ◽  
The Family ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Russian Federation ◽  
Comprehensive Study

Background. The purpose of this scientific article is a comprehensive study of some peculiarities of the legal situation of minor parents under the family legislation of the Russian Federation. Methods of scientific research have drawn up general-theoretic methods of knowledge: analysis and synthesis, derivation and induction, as well as a method of prediction. Private-legal methods include formal-logical and legaldogmatic methods. The results of scientific knowledge are that the author analysed the peculiarities of the legal status of minor parents and identified some gaps in the current legislation concerning the implementation of the rights and obligations of minor parents Conclusions. Summing up the work, we concluded that it is necessary to make some changes to the current legislation and recognize the status of minor parents as a significant basis for recognizing minor citizens as fully capable.

scholarly journals The legal status of the Jewish population in Russia: a political and analytical review (the late 18th – early 20th centuries)

2021 ◽  
Vol 27 (1) ◽  
pp. 32-38
Author(s):  
Olga V. Rozina ◽  
Tatyana I. Volkova
Keyword(s):  
Civil Rights ◽  
Jewish Population ◽  
Legal Status ◽  
Russian Empire ◽  
Jewish Question ◽  
Russian Society ◽  
Information Warfare ◽  
Public Consciousness ◽  
Analytical Review ◽  
The Russian Empire

The problem of mythologising the history of Russia in the context of the thesis “prison of the peoples” remains topical in the context of the modern information warfare of civilisational opponents. An attempt to implant in the public consciousness a myth about the exclusively discriminatory nature of the imperial nationality policy, in particular, on the Jewish question, prevents from objective examination of the ongoing processes. The article analyses the main tendencies of the state policy towards Jewish subjects of the Russian Empire during the reign of four emperors – Alexander I, Nicholas I, Alexander II and Nicholas II. The work used various sources, materials and research. The article provides a general overview of historiography on the problem, and also examines the creation of the Pale of Settlement, measures in the field of restricting the civil rights of the Jewish population and education. The authors come to the conclusion that the policy of the Russian Empire in the Jewish question was not anti-Semitic, although it was ambiguous and, at times, contradictory. At the same time, restrictive measures did not apply to the religious and ritual-cult side of the life of the Jews. The historical and factual basis of the publication helps to understand the building of civilised relations in the environment of Russian society, which is represented by different cultures and religions.

scholarly journals Legal status of the underage parents in German, Austrian, Swiss, and Russian legislation: comparative analysis

2020 ◽  
pp. 1-14
Author(s):  
Ekaterina Evgenevna Lekanova
Keyword(s):  
Child Custody ◽  
Legal Status ◽  
Legal Norms ◽  
The Status ◽  
German Model ◽  
Legal Model ◽  
The Common ◽  
Special Rules ◽  
Age Of Majority ◽  
Automatic Removal

The subject of this research is the legal norms on the status of underage parents. Custody of a child of underage parents is regulated by special rules in Russia and abroad. The Russian legal model of child custody of underage parents is yet to be established. Unlike the countries of Germanic legal group (Germany, Switzerland, and Austria), the legislation of which features detailed description of the legal status of underage parents, the Russian legislation requires further improvement in this regard. Application of the method of comparative jurisprudence allowed determining the common and distinctive characteristics in the legal status of underage parents in German, Austrian, Swiss, and Russian legislation. The common feature for all aforementioned legislations consists in automatic removal of custody of a child of an underage parent when such parent attains the age of majority. In the author&rsquo;s opinion, the best model of child custody (with regards to a child of underage parents who have reached the age of 16) is German model: an underage parent with partial civil capacity and a guardian both have rights to participate in parenting of a child, while guardian is the only legal representative of a child of an underage parent (in case if a child has no parents of the age of majority).

The Development of Anti-Hasidic Criticism among the Maskilim of the Congress Kingdom, 1815–1830

2005 ◽  
pp. 72-115
Author(s):  
Marcin Wodziński
Keyword(s):  
Jewish Community ◽  
Jewish Population ◽  
Jewish People ◽  
Public Debate ◽  
The State ◽  
Jewish Question ◽  
Great Debate ◽  
The Status ◽  
Communal Institutions

This chapter traces the development of anti-hasidic criticism among the maskilim of the Congress Kingdom. From 1815, the ‘Jewish question’ was one of the main topics of public debate, preoccupying writers and statesmen throughout the whole constitutional period (1815–30) of the Kingdom of Poland. The state's most prominent politicians, such as Julian Ursyn Niemcewicz, voiced their opinions on the status of the Jewish community and its reform. Representatives of the Jewish community also participated in the great debate, which lasted from 1818 to 1822. Moreover, other Polish maskilim were involved in a variety of activities aimed at ‘civilizing’ the Jewish people, such as attempting to establish new communal institutions representing Enlightenment values, or sending reports and memoranda to the state authorities. The most active of these maskilim included Antoni Eisenbaum, Jakub Tugendhold, Ezechiel Hoge, and Abraham Stern. The hasidic issue is either completely absent from their views, or features marginally. Only one Polish maskil, Abraham Stern, gave it prominence in his public activities. The chapter also looks at two reports written for the Voivodeship Commission in Kalisz in 1820, which provide an example of a reticent attitude towards hasidism. The Kalisz voivodeship authorities availed themselves of the services and opinions of Jewish modernizing circles, and invited them to co-operate with them in their attempts to ‘civilize’ the Jewish population.

scholarly journals The Arab Woman's Legal Situation and CEDAW

1970 ◽  
pp. 35-36
Author(s):  
Farida Banani
Keyword(s):  
Legal Status ◽  
International Community ◽  
Arab Countries ◽  
Social Rights ◽  
Men And Women ◽  
Arab Woman ◽  
Legal Situation ◽  
The Status

Through signing CEDAW, the international community acknowledged woman's dignity and recognized her rights. In the name of Islam, however, many Arab countries refrained from signing CEDAW, and even those countries which signed it attached to it a number of reservations. In the name of Islam, the principle of equality between men and women in regard to civil, economic and social rights is considered a western and foreign import. This supposed incompatibility lead Dr. Banani to present a comparison between the present legal status of the Arab woman and the status to which CEDAW ideally aims.

scholarly journals Category «privilege»: doctrine, legislation, practice

2020 ◽  
Vol 2020 (1) ◽  
pp. 53-60
Author(s):  
Artem Repyev
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Learning Style ◽  
Legal Status ◽  
Point Of View ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Legal Situation ◽  
Approach Method ◽  
The Right

Introduction. The article is devoted to the general theoretic analysis of legal category “privilege”. The author proposes and argues the hypothesis of the perception of privilege as a form of legal advantage different from such types of this system as courtesy and immunity. The work presents essential and substantial consideration of legal privilege from the point of view of the doctrine of law, historical and modern legislation, as well as law enforcement practice. The aim is to form a view of privilege as a form of improving the legal situation of individual entities with special legal status; to propose its definition. Methodology. Historical learning style, empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods: technical approach, method of interpretation of legal norms. Results. Analysis of doctrinal sources of Russian and foreign law, historical monuments of jurisprudence, modern normative legal acts and law enforcement practice has shown thatthe category of privilege is often mixed with other legal means, having an incentive or rewarding character. On the basis of the establishment of similarity and distinction elements between privilege, courtesy and immunity, aspects of their interaction and existing contradictions, the author proves the independent categorical nature of privilege, identifies its specific features, which differ from related legal phenomena. Conclusion. In both legal science (theoretical and sectoral) and the system of legislation, it is necessary to clearly distinguish the understanding and application of the legal category “privilege” by means of: establishing legal definition, unification and specifying the provisions of normative acts using backing, incentive and rewarding instrumentarium; achieving the justifiable use of evaluation categories giving the right to the privilege. The actions taken should contribute not only to improving the efficiency of public relations regulation due to the legal advantages system, but also to reducing the corruption risks associated with the granting of such “on top of ” rights, diminishing administrative barriers on receipt and realization.

scholarly journals Penyuluhan Hukum Status Anak Lahir Diluar Nikah menurut Undang-Undang Nomor 1 Tahun 1974

2019 ◽  
Vol 4 (1) ◽  
pp. 19-23
Author(s):  
Sanawiah Sanawiah ◽  
Muhammad Syahrial Fitri ◽  
Maimunah Maimunah
Keyword(s):  
High School ◽  
Community Service ◽  
Legal Status ◽  
Television News ◽  
Central Kalimantan ◽  
Legal Norms ◽  
Biological Parents ◽  
Service Activities ◽  
The Status ◽  
The City

News of the discovery of babies thrown out by biological parents, students giving birth to their children in the toilet due to illicit relationships or adultery, almost every day, both through newspapers and television news, about crimes committed by teenagers in Central Kalimantan, especially the City of Palangka Raya. This is the situation that has led us to hold counseling to schools � community service activities in the form of the counseling legal status of children born out of wedlock according to Law Number 1 of 1974. The methods in this counseling are lecture, discussion, and question and answer methods to provide knowledge and understanding of the status of children born out of wedlock, to people, especially people old, teacher and children of Muhammadiyah II Palangka Raya High School in Kalampangan. Community service activities in the form of counseling legal status of children born outside of marriage according to Law Number 1 of 1974 in Muhammadiyah High School II Kalampangan can make the counseling participants keep themselves and their families from acting in violation of religious norms and legal norms, and can convey to friends the surrounding community about the status of children out of wedlock, according to the Marriage Law Number 1 of 1974 and the opinion of four Islamic Ulemas.

scholarly journals PLASMA OF BLOOD: LEGAL STATUS AND TURNOVER THEREOF IN RUSSIAN AND EUROPEAN CIVIL LAW SYSTEMS

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Виолетта Трубина ◽  
Violetta Trubina
Keyword(s):  
Blood Plasma ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Point Of View ◽  
Raw Material ◽  
Human Blood Plasma ◽  
Legal Norms ◽  
The Status ◽  
The Russian Federation

The shortage of blood plasma medicine in the Russian Federation has made the production of domestic medicine a top priority task of the state. Until recently the blood products were made mainly by state-owned enterprises, nowadays this has become very attractive for privately owned companies. In practice, they have to deal with the ambiguity of the status and transferability of blood plasma at different stages of the medicine production line. Therefore, the issue of legal regulation of plasma as the main raw material for the production of blood medicine has become to be a practical issue. This article attends to the problem of the nature and legal status of human blood plasma from the point of view of currently effective laws of the Russian Federation and European legislation. Special attention is paid to the basic principles applied to the use of human tissues and organs. The author reviews the legal regulation relating to the status of a human body and its organs from the point of view of international legal norms, civil legislation of the EU, Switzerland and the Russian Federation. Also, the author reasons the proprietary nature of the blood plasma as a source for biological medicine, and describes the factors limiting its transferability. The conclusion contains brief description of the legal status of the blood plasma.

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