The Local Government Body Member and the Local Government Employee as a Passive Bribery Offender under Polish Criminal Law

2020 ◽  
Vol 18 (2) ◽  
pp. 433-448
Author(s):  
Marek Kulik
Keyword(s):  
Local Government ◽  
Criminal Law ◽  
Legal System ◽  
Penal Code ◽  
Government Employee ◽  
The Public ◽  
System A ◽  
The Status ◽  
Government Body

The study addresses the status of a local government body member and a local government employee as a person holding a public function in the meaning of Polish criminal law. In the Polish legal system, a person who holds a public function may be held criminally liable for passive bribery (bribe accepting) defined in Article 229 of the Polish Penal Code.  Pursuant to Article 115 § 19 PC, a public officer and persons belonging to several other categories are persons holding a public function, while  Article 115 § 13 PC defines the public officer by detailed enumeration of specific persons. The study provides an analysis of these concepts in view of the provisions governing the status of local government officers and persons employed with local government organisational units.

scholarly journals Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat

2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH
Keyword(s):  
Human Rights ◽  
The Public ◽  
Scientific Analysis ◽  
The Status ◽  
Land User ◽  
Legitimate Interests ◽  
The Subject ◽  
Government Body ◽  
The Right ◽  
Do So

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.

scholarly journals MEDIATION EXISTENCE CRIMINAL PENAL SETTLEMENT

2018 ◽  
Vol 2 (1) ◽  
pp. 38
Author(s):  
Erma Rusdiana
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Low Cost ◽  
Equal Treatment ◽  
Judicial Process ◽  
The Public ◽  
The People ◽  
Religious Law ◽  
The One

Indonesian Constitution states that all people of Indonesia are entitled to equal treatment before the law as stated in Article 28 D, paragraph 1 of the 1945 Constitution, but they are not always easily access it. The principle of justice is simple, fast and low cost can’t be reached by most people. Currently, there is also a change and dynamics of complex societies and regulations in some legislation. It also has implications on the public nature of the criminal law has shifted its relative entered the private sphere with known and practiced penal<em> </em>mediation.<strong> </strong>Issues raised in this paper is the concept of criminal law enforcement based on the existence of pluralistic and penal mediation as an alternative solution-in the practice of the criminal settlement. Of the studies that have been done that the concept of legal pluralism is no longer emphasizes the dichotomy between the legal system of the state on the one hand with the legal system of the people folk law and religious law on the other side. That law enforcement-based pluralistic more emphasis on interaction and co-existence of the workings of the various legal systems that affect the operation of norms, processes and institutions in masyarakat.Polarisasi law and penal mediation mechanisms can do, as long as it is earnestly desired by all parties ( suspects and victims), as well as to reach a wider interest, namely the maintenance of social harmony. In summary penal mediation would have positive implications philosophically that achieved justice done fast, simple and inexpensive because the parties involved are relatively small compared through the judicial process with the components of the Criminal Justice System

scholarly journals Lelang Jabatan dalam Sistem Hukum di Indonesia

2015 ◽  
Vol 3 (1) ◽  
pp. 38
Author(s):  
Elidar Sari
Keyword(s):  
Legal System ◽  
Civil Servant ◽  
Legal Procedure ◽  
The Public ◽  
The Law ◽  
The Government ◽  
Government Body ◽  
Public Demand

The case of official positional auction under Indonesia legal system is not yet determined hence on this case, the civil servant regulation is adopted as a reference on goverment organization. Therefore, the government body or state officials may consider any policy in order to fullfil the public demand. Indonesian officials have right to act based on Fress Ermessen’s principle which can provides the freedom for authorized party to make decision as long as it is still on the track and does not overreach legal procedure. Consequently, the official positional auction is considered as a policy that belong to all state officials as long as it does not againts the law.

scholarly journals POLITIK PEMBANGUNAN HUKUM PERJANJIAN INTERNASIONAL TERKAIT STATUS DAN KEDUDUKAN PERJANJIAN INTERNASIONAL DI TINJAU DARI PRAKTIK INDONESIA

2017 ◽  
Vol 24 (1) ◽  
pp. 56
Author(s):  
Siti Sumartini
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal System ◽  
International Agreements ◽  
Public Understanding ◽  
International Treaties ◽  
The Public ◽  
The Status

International agreements (treaties) is one of the mechanisms in international relations as well as one of the sources of international law. Lack of understanding of what the public understanding of international agreements often giving riseto confuse in ournational legal system. Thereby also on the status and position of international treaties in the practice of Indonesia has not provided clarity about what the system is about to be followed by Indonesia.

Officials and Chinese Justice: Public and Private Wrongdoing in Qing Law

T oung Pao ◽  
2020 ◽  
Vol 106 (5-6) ◽  
pp. 661-713
Author(s):  
Nancy Park
Keyword(s):  
Legal System ◽  
The Body ◽  
Public And Private ◽  
The Public ◽  
The Qing Dynasty ◽  
System A ◽  
Specific Goal ◽  
The Law ◽  
Historical Antecedents ◽  
Philosophical Writings

Abstract This article examines the law of officials during the Qing dynasty (1644-1912), focusing on the body of statutes, substatutes, and regulations pertaining to the organization and operations of the imperial Chinese bureaucracy. The general objective of the article is to draw attention to the law of officials and its significance within the Qing legal system. A more specific goal is to examine how official wrongdoing was defined, differentiated, and dealt with in Qing law, highlighting the crucial distinction between the two main categories of official wrongdoing: “public wrongdoing” (gongzui 公罪) and “private wrongdoing” (sizui 私罪). Part I analyzes the legal distinction between public and private wrongdoing; Part II examines the historical antecedents of the public-private distinction, as expressed in the philosophical writings and the codified law of earlier dynasties; and Part III analyzes the substantive and procedural consequences of the public-private distinction on Qing officials.

Construction of Chinese Environmental Taxation System - A Case Study of Western China

2011 ◽  
Vol 347-353 ◽  
pp. 413-416
Author(s):  
Jie Shan
Keyword(s):  
Status Quo ◽  
Western China ◽  
Environmental Taxation ◽  
Utilization Rate ◽  
System Construction ◽  
The Public ◽  
System A ◽  
The Status ◽  
Taxation System

The thesis analyzes the validity of environmental taxation system construction, from the view angles of control of ecological pollution, increasing the utilization rate of resources and developing green industries. The thesis illustrates the status quo on Chinese environmental taxation system and each field of environmental undertakings. In the end, the thesis puts forward thoughts and proposals for constructing Chinese environmental taxation system covering government, enterprises and the public.

Research in urban history: recent theses on nineteenth- and early twentieth-century municipal administration

Urban History ◽  
2010 ◽  
Vol 37 (2) ◽  
pp. 322-332 ◽  
Author(s):  
STEFAN COUPERUS
Keyword(s):  
Local Government ◽  
Urban Governance ◽  
Political Power ◽  
Political Democracy ◽  
Central State ◽  
Public Spheres ◽  
The Public ◽  
Municipal Administration ◽  
The Status ◽  
Cross National

The ways in which the organization of local government and the practice of political power locally have changed over time has attracted heightened interest from urban and administrative historians over recent decades. Much of this burgeoning interest has paralleled the concurrent decline in the status and powers of local government since the 1980s. In recent years, a shifting focus from government to governance has allowed the historian to re-conceptualize approaches to urban political power. Urban governance denotes a wider system of government by encapsulating the complex range of actors, interests and resources, which straddle the public, private and voluntary sectors, each with a vested interest in the way that political power is organized and practised locally. By broadening their approach to urban political power, urban historians have, since the late 1980s, elicited new perspectives on municipal administration, reattaching it with the national and juridical frameworks of analysis from which it had been fractured. In general, this growing number of local, regional and cross-national historical studies hints at a more complex and interesting municipal dimension which transcends previously impermeable divisions between the private and the public spheres, between political democracy and administrative bureaucracy, between the central state and municipal administration, and between national and transnational contexts of administrative thought and practice.

Sources of the Criminal Law of Botswana

1974 ◽  
Vol 18 (1) ◽  
pp. 24-36 ◽  
Author(s):  
I. G. Brewer
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Penal Code ◽  
Broad Context ◽  
Customary Law ◽  
Present Position ◽  
Unique Position ◽  
Separate System ◽  
Tribal Areas ◽  
Formal Establishment

The purpose of this article is to examine the sources of the general criminal law of Botswana.2 Prior to the creation of a Protectorate there existed in the country several indigenous systems of law operative within tribal areas which later collectively became known as the customary law. Included in this customary law was an ill-defined body of criminal law which can be termed the customary criminal law. We are not, however, examining the sources of this customary criminal law but rather of the criminal law which was originally introduced by statute on the establishment of the Protectorate and which was administered in a separate system of courts. Botswana is in an almost unique position in this respect3 because after the formal establishment of the Protectorate it received what may be broadly, but inaccurately, called the Roman-Dutch criminal law. Subsequently this was abolished and in its place a Penal Code was introduced which was based mainly on English law. The customary criminal law will be considered in this article but only in the broad context of its present position in the legal system and the effect of the general criminal law on its application.

scholarly journals Pelembagaan norma hukum Islam dalamperaturan daerah di Indonesia

2011 ◽  
Vol 11 (1) ◽  
pp. 97
Author(s):  
M Sirajuddin
Keyword(s):  
Local Government ◽  
Legal System ◽  
Islamic Law ◽  
Theoretical Framework ◽  
Ethical Values ◽  
The Public ◽  
Political Policy ◽  
The Third ◽  
Middle Way ◽  
Policy Direction

The main problem of this paper is how political policy direction of local government and communityresponse to the institutionalization of norms of Islamic law in Indonesia’s local regulations. This paperuses the theoretical framework of thought which devides three Islamic groups, namely ideologicalIslamic group, moral-ethical Islamic group, and the middle way of Islam. In this paper, the direction ofgovernment policy was oriented towards the third Islamic group’s concept which institutionalizes theShari’a as a rule of formal government, but most of the only aspects of private law only, while theresponse of the majority of the community is oriented in a second Islamic group which requires theinstitutionalization of religious ethical values  which the terms of Shari’ah institutionalized in thenational legal system. Therefore, the results of surveys and responses among Indonesian thinkers moreinquire the existence of the institutionalization of norms of Islamic law than accept it. However, if anyshould be institutionalized, they would prefer the public aspects of Shari’a which should be institution-alized and implemented.

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