Tribunal of the Teharje Kosezi Community

2015 ◽  
Vol 13 (1) ◽  
pp. 117-127
Author(s):  
Željko Oset
Keyword(s):  

Teharje kosezi community enjoyed a particular legal status which it successfully preserved until the abolishment of feudalism in 1848. Thus the community had its own first-instance judiciary for civil cases, performed its obligations, corvee exempt, to the lord and the state collectively, kosezi could sell their land without hindrance, had the right to bear arms, freely elect the sodin and the mayors of their župas. Such legal status, obtained through manorial service under the margraviate of Celje, was founded on the privilege issued by the lord. The oldest privilege preserved, issued by Ferdinand I. of Habsburg, dates to 1537. Tribunal had its sub judicial area that included, aside from Teharje settlement, sixteen kosezi settlements in Savinjska valley. Representatives of all settlements gathered once a year around St. George’s Day (April 23rd) on the day of sodin elections that had to be confirmed by either the vidame in Celje or the leaser of Forhtenek manor. The function of the tribunal itself can be made out from its preserved tribunal register for the period from 1715 to 1849 where most entries date between 1715 and 1718. During this time, the register lists 68 cases, predominantly unsettled debts, whereas handled by the tribunal were verbal injuries (verbal iniuri), corporal injuries, and disputes on inheritance. As a rule, proceedings took place monthly in the center of Teharje settlement or, in case of poor weather, the nearby church of St. Stephen.

2021 ◽  
Vol 66 ◽  
pp. 240-243
Author(s):  
P. Badzeliuk

This article is devoted to the study of the implementation of the fundamental right of a person to professional legal assistance through the vectors of influence of the bar, the role of the human rights institution in the mechanism of such a right and its place in public life.An effective justice system provides not only an independent and impartial judiciary, but also an independent legal profession. Lawyers play an important role in ensuring access to justice. They facilitate the interaction between individuals and legal entities and the judiciary by providing legal advice to their clients and presenting them to the courts. Without the assistance of a lawyer, the right to a fair trial and the right to an effective remedy would be irrevocably violated.Thus, the bar in the mechanism of protection of human and civil rights and freedoms is one of the means of self-limitation of state power through the creation and active functioning of an independent human rights institution, which is an active subject in the process of fundamental rights. The main constitutional function of the state is to implement and protect the rights and freedoms of man and citizen, and the constitutional and legal status of the legal profession allows it to actively ensure the rights of civil society as a whole and not just the individual. Effectively implement the human rights function of the state by ensuring proper interaction between the authorities and civil society, while being an active participant in the law enforcement mechanism and occupying an independent place in the justice system.Thus, the activities of lawyers are a complex manifestation of both state and public interest. After all, it is through advocacy and thanks to it that the rule of law realizes the possibility of ensuring the rights and freedoms of its citizens. Advocacy, on the one hand, has a constitutionally defined state character, and on the other hand, lawyers should be as independent as possible from the state in order to effectively protect citizens and legal entities from administrative arbitrariness. Thus, the bar is a unique legal phenomenon that performs a state (public-law) function, while remaining an independent, non-governmental self-governing institution.


2016 ◽  
Vol 4 (2) ◽  
pp. 102-110
Author(s):  
Александр Сквозников ◽  
Aleksandr Skvoznikov

The aim of the article is to investigate the legal status of non-Muslim communities in the Ottoman Empire. The author concluded that the sources of Islamic law, including the Koran and Islamic legal doctrine, formed the basis of the legal system of the Ottoman Empire, recognized the equality of people regardless of their racial, ethnic or religious affiliation. Non-Muslim subjects of the Ottoman Empire guaranteed the right to life, security of person and property, freedom of religion, freedom of economic activity, the right to judicial protection and protection against external enemies. However, the scope of rights and duties of citizens depend on their religious affiliation. The Ottoman Empire was essentially theocratic state, where Islam is the state religion and regularly held a dominant position among the other denominations. Served non-Muslim were somewhat limited in their rights: they could not come to the state, including military service, which does not allow us to talk about full equality of all subjects of the Ottoman Empire, regardless of religion.


Author(s):  
Muzyka Iryna

In modern legal science, the anthropological approach that makes it possible to investigate, in particular, the orientation of the right to the human problem in law becomes of great relevance. In the perspective of legal anthropology, an important issue is the status of a person in the state mechanism (the place of the person in the hierarchy of values, the scope and guarantees of his rights and freedoms, the duties of the person) within the relation of state-centrism and anthropocentrism in the normative acts of the UkrSSR authorities of the post-war period. The draft Constitution of the UkrSSR in 1964 provided for a change in the legal status of the inpidual in the UkrSSR. For the first time in the history of "Soviet constitutional law" the concept of "freedom of the inpidual" was introduced, the whole complex of citizens' rights was revised, some new categories of rights were introduced, such as the supreme and fundamental human rights, the mechanism of their guarantees by society and the state was first laid. It was envisaged to consolidate various forms of direct exercise of political power by citizens, to create new forms of influence of citizens on the state power in general. Thus, in the early 1960s, the Soviet state had the potential to change qualitatively if the new UkrSSR Constitution was adopted. Therefore, the dismissal of MS Khrushchev from the duties of the First Secretary of the CPSU Central Committee and the Chairman of the Council of Ministers of the USSR appears to be conditioned, including, by the radical significance of the Constitutional project, which has never been adopted. It is possible to draw the following conclusion: in the period under study in the UkrSSR (as well as the USSR), the center of legal reality was not the person, but the norms of legal prescriptions of the state, formulated on the basis of political and ideological doctrine developed by the leadership of the CPSU – Communist Party. It is possible to characterize the status of a person under the legislation of 1950–1960 as a result of the implementation in the normative acts of political and ideological guidelines of the leadership of the CPSU – CPU. According to the communist ideology of that time, the life of society was regarded as the existence of the entire population of inpiduals, masses of people, and therefore the decisive role in the life of society belongs not to inpidual inpiduals, but to their entire population. This meant a significant overriding of the "necessary" relative to the "freedom" of man, that is, the interests of party-state leadership, collective interests over the interests of the inpidual; the non-recognition of the inpidual sovereignty of a person who was largely considered part of the collective subject – the "masses"; lack of reconciliation of interests of inpiduals and the state, which in many cases gave rise to conflict situations.


1935 ◽  
Vol 4 (1) ◽  
pp. 43-56
Author(s):  
W. W. Sweet

There is nothing inherent in Christianity itself which calls for a close relationship with the state. Primitive Christianity “demanded the complete separation of church and state,” asserting that each must be recognized as having its own distinct and independent mission to perform. For the first three hundred years of Christian history the church existed entirely apart from the state, and indeed had not even a legal status. Then came a time during which the church became little more than a branch of the state, and in this period it lost practically all independence of development, and was largely diverted from its proper work to serve political ends. It was as a result of this danger that the church developed, during the next period in its history, the doctrine of its independence of state control, and in the great investiture struggle, maintained it with success, against Roman emperors and German kings. Then the church having secured its independence of state control, and having perfected its organization to a high degree, and having grown strong and aggressive, it went a long step further and asserted the right of the church to control the state. But it needs no argument to prove that both the control of the church by the state and the control of the state by the church are equally foreign to the teaching of Christianity as such.


2006 ◽  
Vol 6 (2) ◽  
pp. 120-126 ◽  
Author(s):  
Victor Monakhov ◽  
Anita Soboleva

Victor Monakhov and Anita Soboleva analyse the current development of legal standards in the area of access to information and protection of personal data in the Russian Federation. At the end of 2005 Russia ratified the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. At the same time several new laws, intended to harmonize national privacy legislation with this Convention and to define the legal status of different databases, which are being created by the state for the purposes of registration of population and identification of persons, passed the first reading in the State Duma. The article reflects the ongoing debates on the scope of the right to know and the right to keep secret in the Russian context.


Author(s):  
N. Nykytchenko

This article is devoted to the study of the theoretical and scientific-practical nature of the institution of representation in the EU countries and the development of proposals based on them on improving the legal status of a lawyer in Ukraine, taking into account the best European practice. The place of the advocacy in the modern legal system can be characterized as one of the ways of self-restraint of state power through the creation and functioning of an independent human rights institution that promotes its activities by fulfilling the constitutional function of the state – the realization and protection of human rights and freedoms. The constitutional and legal status allows advocates to participate in ensuring the rights not only of everyone, but of the whole civil society, to implement the human rights function, ensuring the interaction in the activity of the institutional systems of the state and civil society. Since 2012, the advocacy reform has been initiated and brought to the standards of the European Union. However, over 6 years have passed, but no significant positive changes have taken place in this field. Ensuring the constitutional rights and freedoms of citizens still leaves much to be desired. The issue of voluntary admission of lawyers to the National Association of Advocates of Ukraine will be resolved, and so-called "lawyer's monopoly" needs to be substantially revised. Therefore, the review of the grounds, the rules, and the regularity of the prosecution in civil proceedings, which is carried out by the two advocates, needs a substantial improvement. In order to create in Ukraine the model of legal assistance taking into account modern legal frameworks, that is a guarantee of the right of accessibility and effectiveness of judicial protection in civil proceedings.


2017 ◽  
Vol 16 (2) ◽  
pp. 139
Author(s):  
Iwan Permadi

<em>This paper examines how the legal status of leasing the public land in deal with the State's Right of Controlling is and how the further regulating them in the implementation of regional autonomy is. The used method is a normative legal research with secondary data sources through primary legal materials, secondary and tertiary. The results show that leasing the land that the object is a public land constitutes an action against the law, because the state is in fact not the owner of the land. The state only has the right to control the public land and the only the owner has the right to lease the land. Therefore, there is a smuggling law in case of leasing the public land through enacting the regional regulations that contain the permit to use the public land, that the third parties can use public land but the third party must pay a sum of money.</em>


2019 ◽  
pp. 125-137
Author(s):  
N. Akhtyrska

The article, based on an analysis of judicial and investigative practices, highlighted the complex issues relating to the legal status of an expert and a specialist, ensuring their independence, evaluating and using the conclusions of an expert and a specialist by the court in strict compliance with and ensuring the principle of equality of the parties in the criminal process. The defense has the right to request the cross-examination of the expert, regardless of whether he was questioned at the pre-trial investigation stage. This does not exclude the possibility of using the previous testimony in court (protocol, audio, video recording), but only for the purpose of establishing contradictions. Refusal to satisfy the petition is a violation of the Convention requirements for a fair trial and equality of the parties. A tacit refusal of any guarantee of justice is not excluded, but at the same time, the existence of such a refusal must be proved «unequivocally». The court is obliged to accept as evidence from the defense the findings of the expert on the same issues on which the prosecution provided the findings of the state examination. The rules of admissibility of evidence may sometimes be contrary to the principles of equality of the procedural capacities of the parties and the adversarial process or otherwise affect the fairness of the proceedings. The rules for the admissibility of the conclusions of a specialist should not deprive the party of defense of the opportunity to effectively challenge them, in particular, by using them in the case or obtaining other opinions and conclusions. The state prosecution is obliged to disclose to the defense all available evidence (the conclusions of the examination for the benefit of the prosecution, and for the benefit of the defense). Hiding expert conclusions is a violation of the principle of equality of the parties. In the context of globalization, it is often necessary to use evidence obtained in the territory of a foreign state. All documents must be provided to the defense for review in plain language. If at the end of the investigation some documents are not translated and it is provided only after the start of the judicial review, the court is obliged to announce their contents and provide them for review. According to the Court, this does not constitute a violation of the right to defense. In case of poor-quality translation, the party has the right to request a re-transfer. If documents in a foreign language remain in the case file (without translation), this does not indicate a violation of convention standards if the arguments contained in these documents are not based on the indictment or conviction. Thus, in order to provide methodological assistance to law enforcement agencies and courts in the application of legislation related to the involvement of experts and the assessment of their findings, it is necessary to develop guidelines with regard to international standards, convention requirements, as well as to make changes and additions to existing legislation. Key words: criminal proceedings, «scientific judges», questioning of an expert, expert opinion, specialist opinion, European Court of Human Rights.


2020 ◽  
Vol 11 (11) ◽  
pp. 127-133
Author(s):  
Kotenko Т.

The article deals with the historical stages of the creation, development, and formation of a human rights institute. The ideological and theoretical heritage of Ancient Greece and Rome, which is the basis for the study of ideas about justice, social equality, and human freedom, is analyzed based on the analysis of the fundamental ideas of the most famous thinkers of antiquity. It was the philosophers of antiquity who initiated the concept of "natural law", which was formed over the centuries by the desire of man to understand the world, determine his place in society and politics. From the time of antiquity, the concept of human rights gradually began to emerge; Subsequently, the concept of equality, freedom of person, person, and citizen were formed. Ancient philosophers came up with the idea of law in general and the idea of human rights under the requirements of their time and conditions of social development. Over time, the ancient perception of social equality, justice, dignity, independence, and freedom of man became the starting point and benchmark of European political culture. The early period of the development of political and legal doctrines in ancient Greece is associated with the time of the formation of ancient Greek statehood. It was at this time that an attempt was made to give rationalist ideas about ethical and legal order in human affairs and relations instead of mythological ones. It should be noted that ancient Greek views on human rights were formed in mythological ideas about the origin of policies and divine justice. That is why rights come from the divine order of justice, which became the basis for the category equality. Only what corresponded to the concept of equality (within the concept of justice) was understood as right. In ancient Greek politics, customs and mono-norms gradually transformed towards protecting the dignity of citizens. The polite democracy gave impetus to the emergence of freedom, which promoted the emergence of equal political rights among the citizens of this policy. In the Greek city-state, the law first emerged as a specific phenomenon, and the life of the policy began to be compulsory for everyone. Subsequently, the Pythagoreans (VI –V centuries BC) formulated an important role in shaping the idea of legal equality and justice, using numerical proportions, that is, the ratio of certain parameters. The provision that "fair is to pay another equal" essentially introduces the coupon principle. Subsequently, this reflected Solon (7th-6th centuries BC) in his reforms. It eliminated debt slavery and, as a result of the compromise between nobility and demos, introduced a moderate censorship democracy in Athens. All citizens of the policy should equally be protected by the law and obey its mandatory rules (1). Recognized the law as a requirement of legal equality of free citizens of the policy, slaves did not apply the legal rules. Equality was considered in two respects: equality in law and equality before the law. Developed by Roman lawyers provisions in which a person acts as a subject of law, determine the legal status of a person, establish the freedom and formal equality of people under natural law, define Roman citizenship as a special legal status of a person, the distribution of the right to private and public, etc. contributed to the awareness of legal the importance of human rights in the context of the systematic doctrine of the legal nature of the relationship between the individual and the state. Roman law, extending to a state which it regarded as the object of its study along with positive law, ensured a legal relationship between the state and the individual, which was crucial for the development of the institution of the protection of individual rights in the world at that time (14, p. 119). In relation to individuals, the state was not above the rule of law, but directly its component part, which has all the basic properties of a law. The basis of a just and legal relationship between the individual and the state recognized the law, not the state. The individual and the state must be law-abiding subjects of legal relations, that is, act according to the rules of law. Conclusion. To sum up, we can point out that the first theoretical developments and statutory provisions of the law go back to ancient times. The thinkers of Ancient Greece and Rome initiated the basic concepts of justice, equality, autonomy. It was then that ideas about political rights, lawmaking, democracy, and the personal responsibility of citizens were formed. However, freedom was not universal, it did not belong to slaves, and they were not the subjects of relations in the policy. The population of the policies was divided into different social and ethnic groups and accordingly had different legal status. Such inequality was the norm, so the priority was given to a policy or state that was enshrined in legislation. However, in Ancient Greece, there were also certain individual rights of citizens such as the right to speak; private property rights; the right to participate in government; the right to hold office; to participate in national meetings; the right to participate in the administration of justice; the right to appeal against illegal acts, etc. In Ancient Rome, this list was supplemented by the right to bargain, freedom of movement, the right of the people's tribune to veto, the ban on torture, the adversarial process of the lawsuit, etc. Keywords: Antiquity period, city-policies, human rights, legal equality, society, justice.


Author(s):  
Svitlana Ryzhkova

The administrative and legal status of public formations in the protection of public order and the state border is regulated by the Law of Ukraine "On Participation of Citizens in the Protection of Public Order and the State Border". This law gives members of public formations the right to apply preventive measures to offenders, to draw up reports on administrative offenses, to apply in the established order measures of physical influence, special means of protection. To deliver to the bodies of the National Police, to the units of the State Border Guard Service of Ukraine, the headquarters of the public formation for the protection of public order or public order, the premises of the executive body of the village, village council of persons who have committed administrative offenses, in order to terminate it other measures of influence, identification of the violator, drawing up a report on an administrative offense in case of impossibility to draw it up at the place of the offense, if drawing up a report is mandatory, etc. important in this context is the observance of the law by members of public formations (hereinafter - GF), human and civil rights and freedoms, respect for the rights to liberty and security of person while ensuring public order and security. Given the specifics of the implementation of members of public formations of law enforcement functions, relevant issues of organizational and legal nature related to preparation by authorized subjects of power, which are defined by the Law "On participation of citizens in the protection of public order and state border" of candidates, as well as members of public formations. The current problems of legal and special training of candidates, as well as members of public formations by the National Police have been identified. The state and international experience of this issue are studied. It is proposed to improve the legal provision of training of members of public formations by the National Police, namely the need to adopt a departmental legal act of the Ministry of Internal Affairs (Instructions) to establish requirements for professional legal and special training of candidates and members of public formations in public order by the National Police.


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