INTERPELACIJA O OBZNANI

2021 ◽  
pp. 3-33
Author(s):  
Marko Pavlović ◽  
Keyword(s):  
Communist Party ◽  
Prime Minister ◽  
Criminal Code ◽  
The State ◽  
Legal Regulations ◽  
Legal Basis ◽  
Constituent Assembly ◽  
Rules Of Procedure ◽  
Opposite View ◽  
The Government

Obznana (Proclamation) was a quasi decree, passed on December 29, 1920, which banned the Communist Party of Yugoslavia. The debate on the interpellation on Obznana was held on April 8, 1921, according to the rules on interpellation contained in Standing Orders of the Constituent Assembly, dated January 28, 1921. The Minister of the Interior, the creator of Obznana, Milorad Draskovic, was the first to speak at the debate. He stated many reasons why Obznana was passed. Then, the Minister answered the interpellant, the leader of the communists Sima Markovic, for 30 minutes, according to the Rules of Procedure. After wards, several other government and opposition MPs spoke, presenting arguments in favor of or against Obznana. The head of the Agricultural Party, Jovan Jovanović, spoke about Obznana from a legal standpoint, stating that Obznana was passed by the Government in resignation, that it was not published, that it did not have the King's signature, that it was passed without legal authorization and without a legal basis in the Criminal Code. Lawyer Dragutin Pećić stated the opposite view, according to which Obznana had a legal basis in the Constitution, in the Criminal Code and in a few of other legal regulations. He proposed a motivated transition to the agenda, which the Prime Minister Nikola Pasic accepted "as an expression of the Assembly's trust to the Government". With the parliamentary acceptance of Pećić's proposal to move to the agenda, the communist interpellation on Obznana was rejected, and the previous work of the Government regarding Obznana was approved. This paved the way for the adoption of the "Law on Protection for the State".

scholarly journals Narrativas de la legalidad en el hiperpresidencialismo constitucionalizado ecuatoriano = Narratives of legality in the Ecuadorian constitutionalized hyper-presidentialism

2018 ◽  
pp. 175
Author(s):  
Efrén Ernesto Guerrero Salgado
Keyword(s):  
Social Control ◽  
Democratic Governance ◽  
The State ◽  
Democratic Institutions ◽  
Public Activity ◽  
Constituent Assembly ◽  
Magna Carta ◽  
The Government ◽  
Electoral Power ◽  
Present Text

Resumen: La llegada al poder de Rafael Correa en el 2007 supuso diversos cambios en Ecuador, no sólo ideológicos sino también políticos, canalizados a través de una Asamblea Constituyente con el fin de ajustarse a los preceptos de la llamada “Revolución Ciudadana”. La nueva Carta Magna estableció un mayor número de controles sobre el Ejecutivo y creó nuevas funciones, como el Poder Electoral y de Transparencia y Control Social, que también girarían en torno a las decisiones del presidente de turno. Esto, combinado con la personalidad de Correa, generó un escenario de hiperpresidencialismo, amparado por elecciones populares que legitiman los cambios realizados por el Gobierno. En el caso ecuatoriano, lo que sucedió fue una disolución de la legalidad mediante la acción mediática, en el que la palabra del presidente no sólo fue regla de conducta, sino también una percepción de que la actividad pública no puede ser discutida, rebasando sus competencias constitucionalmente establecidas. El presente texto, busca explorar los mecanismos de existencia de un discurso decisionista en el periodo de gobierno 2013-2017 y sus consecuencias en la gobernabilidad democrática, para demostrar que la existencia de una autoridad que escape del poder del Estado sólo puede ser contenida por la norma y la fortaleza de las instituciones democráticas, capaces de mejorar la intensidad de la ciudadanía.Palabras clave: Hiperpresidencialismo, Rafael Correa, Ecuador, legalidad.Abstract: The arrival to power of Rafael Correa in 2007 involved various changes not only ideological but also political, channeled through a Constituent Assembly to conform to the precepts of the so-called "Citizen Revolution". The new Magna Carta established a greater number of executive controls and created new functions, such as the Electoral Power and Transparency and Social Control, which would also revolve around the decisions of the incumbent president. This, combined with the personality of Correa, generated a scenario of hyper-presidentialism, supported by popular elections that legitimize the changes made by the government. In the Ecuadorian case, what happened was a dissolution of legality through media action, in which the president's word was not only a rule of conduct, but also a perception that public activity cannot be discussed, exceeding its Constitutionally established competences. The present text, seeks to explore the mechanisms of existence of a decisionist discourse in the period of government 2013-2017 and its consequences in democratic governance, to demonstrate that the existence of an authority that escapes the power of the State can only be contained by the norm and the strength of democratic institutions, capable of improving the intensity of citizenship.Keywords: Hyperpresidencialism, Rafael Correa, Ecuador, Constitution, legality. 

Tindak Pidana Korupsi Proyek Pusat Pendidikan Pelatihan dan Sekolah Olahraga Nasional di Kementrian Pemuda dan Olahraga ( Studi Putusan Nomor 2427K/Pid.Sus/2014 )

2021 ◽  
Vol 1 (2) ◽  
pp. 80-102
Author(s):  
Entol Suparmin ◽  
Amsori Amsori
Keyword(s):  
Criminal Code ◽  
The State ◽  
Legal Basis ◽  
Criminal Sanctions ◽  
National Police

Corruption, eradicating criminal acts of corruption, Decision No. 2427K / Pid.Sus / 2014, formulation: Is the imposition of criminal sanctions on corruption in the Ministry of Youth and Sports projects the same as the imposition of criminal acts of corruption in general, What is the basis for legal considerations for judges in imposing corruption crimes with Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption, the normative method is carried out on theoretical matters. Knowing whether the imposition of criminal sanctions on corruption is the same as the imposition of criminal acts of corruption in general. know what is the basis for legal considerations for judges in imposing crimes on perpetrators of Corruption Crime, the legal basis for adjudicating cases. The conclusion of the Judge's consideration, the imposition of additional criminal sanctions to compensate the state losses imposed on the defendant was imprisoned for 4 years and a fine, Article 2 paragraph (1) in conjunction with Article 18 of Law No. 31 of 1999 as amended by Law No. 20 of 2001 concerning the Eradication of Corruption in conjunction with Article 55 paragraph (1) 1 in conjunction with Article 65 paragraph (1) of the Criminal Code. Suggestions need evaluation In handling corruption crimes by implementing a synergy pattern between Indonesian National Police Investigators, Public Prosecutors , Prosecutor's Office, Corruption Eradication Commission.

Protest and Religion: Christianity in the People’s Republic of China

2019 ◽  
Author(s):  
Yu Tao
Keyword(s):  
Communist Party ◽  
Catholic Church ◽  
The State ◽  
Academic Disciplines ◽  
Religious Groups ◽  
Contemporary China ◽  
Protestant Church ◽  
Protestant Churches ◽  
The Government ◽  
The Catholic Church

The relationship between religion and protest has been thoroughly discussed in various academic disciplines of social sciences, but there is far from consensus on the topic. Scholars differ significantly in their opinions on how religious values and doctrines shape the mechanisms which link protest and religion, and on how interaction between religious groups, the state, and other secular and religious groups may increase or reduce the likelihood of protests. Contemporary China provides an ideal setting in which to further advance scholarly understanding of roles that religion plays in protest, thanks to its richness, diversity, and complexity of religion, protest, and their relationship. In contemporary China, due to the inherent, profound, and possibly deliberate ambiguities within the state’s legal and regulatory arrangements on religious affairs, the boundaries between government-sanctioned churches and “underground” churches are often blurred. Many Christianity-related protests directly respond to government crackdowns, which are aimed not only at those congregations and groups that are normally considered as “underground,” “unofficial,” or “independent,” but also at churches that have long been tolerated or even officially recognized by the state. Further, while many Christianity-related protests are closely associated with the clash of ideologies in contemporary China, the specific causes of protests differ significantly among Catholic and Protestant churches, and Christian-inspired groups. The ideological incompatibility between the ruling Communist Party and the Catholic Church in China is epitomized by their struggle for authority and influence over the Chinese Catholic community. Until the provisional agreement signed between Beijing and the Vatican in September 2018, the Chinese Communist Party (CCP) and the Holy See had been competing fiercely for the authority to approve the ordination of new bishops, with such confrontations triggering numerous protests among Chinese Catholics. Unlike the Catholic Church, many of the Protestant churches that have emerged in the post-Mao era—including most “house” churches that do not affiliate with the state-sanctioned church—have no direct link with the transnational denominations which were active in China before the communist takeover in 1949 and are operated solely by Chinese citizens. However, while many Chinese Protestants display affection toward China and a sense of responsibility for improving their country, some influential Protestant church leaders have turned their progressive theology into social activism since the turn of the 21st century, leading to various forms of protests against the authoritarian policies and politics in contemporary China. Ideological and theological conflicts between different religions or religious schools may also trigger the Chinese state’s suppression of certain religious groups and activities, which often in turn cause protests. In particular, the Communist Party tends to impose extremely harsh repercussions on religious groups that are accused by mainstream Christianity of being “heterodoxies,” like the Shouters and the Disciples. These religious groups are often labelled as “evil cults” and their leaders and members often face legal action or even criminal charges. The protests organized by these religious groups have not only targeted the government but also the mainstream Christian churches that criticize them from a theological point of view. Given the profound ideological and political incompatibility of the CCP and various Christian groups, it is unlikely that Christianity can replicate the close collaborations that Buddhism and Daoism have developed with the CCP since the early 1980s.

CAUSES AND CONSEQUENCES OF THE BAPTIST MOVEMENT’S DIVISION IN UKRAINE

2019 ◽  
pp. 108-113
Author(s):  
Oksana Vysoven
Keyword(s):  
Twentieth Century ◽  
Communist Party ◽  
The State ◽  
Religious Communities ◽  
Special Services ◽  
The Government ◽  
The 1960S ◽  
Prayer Meetings ◽  
Globalized World ◽  
The Church

The article analyzes the causes and consequences of the split in the evangelical-Baptist environment in the 1960s; found that one of the main causes of the split in the bosom of evangelical Baptist Christians was the destructive influence of state authorities on religion in general, and Christian denominations in particular when initiated by state bodies of the union of Protestant religious communities under the auspices of the All-Union Baptist Council Church for organization under control of special services bodies; it has been proved that the conflicts between the leadership of the Verkhovna Rada and the Council of Churches were artificial. The confrontations among the believers were mainly provoked by SSC agents and secret services, and were only in the hands of the Communist Party regime, which helped him control events, pacify some and repress others; it is proved that under the influence of the movement for the independence of the church from the state headed by «initiators», the regime has been operating since the second half of the 1960s. gradually began to ease the pressure on officially registered communities of evangelical Baptist Christians. Prayer meetings began to be attended by teens, and ordinary members and members of other congregations were allowed to preach. As a result of these changes and some easing of tensions between the church and the government, many believers and congregations began to return to the official union governed by the ACEBC, without wishing further confrontation; it is shown that the internal church events of the 60's of the twentieth century, which were provoked by the SSC special services and led to the split of the EBC community, reflected on the position and activities of the EBC Church and in the period of independence of Ukraine, the higher leadership of the split community (the ACEBC and the Church Council) and could not reconcile and unite in a united union. This significantly weakens their spiritual position in today's globalized world, where cohesion and competitiveness play an important role.

Mongolia mine move raises nationalisation fears

2017 ◽  
Keyword(s):  
Prime Minister ◽  
Public Support ◽  
The State ◽  
Russian Government ◽  
Mining Company ◽  
Foreign Investors ◽  
Content Type ◽  
Parliamentary Elections ◽  
Main Obstacle ◽  
The Government

Subject The sale of the Erdenet mine. Significance The day before parliamentary elections in June last year, Prime Minister Saikhanbileg Chimed announced the sale of 49% of shares held by the Russian government in the Erdenet Mining Corporation and the Mongolrostsvetmet mining company to Mongolia Copper Corporation, an unknown private Mongolian company. Subsequent parliamentary inquiry concluded that the sale was unconstitutional and the government ordered the shares transferred to the state on February 16 this year. The government’s actions received wide public support while polls reveal that the electorate views corruption as the main obstacle to Mongolia’s development Impacts Talk of 'nationalisation' in the Western media threatens to derail Mongolia's efforts to fix its image and attract foreign investors. The unusual circumstances of the sale raise suspicions of corruption and collusion between Mongolia's previous government and largest bank. The new government's will to scrutinise sale demonstrates the strength of Mongolia’s democracy.

III. State Treason Trials During the Puritan Revolution, 1640–1660

1972 ◽  
Vol 15 (1) ◽  
pp. 37-53 ◽  
Author(s):  
Adele Hast
Keyword(s):  
Common Law ◽  
The State ◽  
Direct Link ◽  
Legal Basis ◽  
Legislative Body ◽  
Law Courts ◽  
The Government ◽  
Set Up ◽  
Council Of State ◽  
Legal Procedures

The government of the parliamentary party during the Puritan Revolution of 1640–60 instituted changes in judicial and legal procedures to maintain its power and subdue its enemies. This study of treason trials conducted by the state will examine their legal basis and the events and activities considered treasonable. It will show the ways in which the concept of treason changed under a revolutionary government, and to what extent those trials conducted during the interregnum differed in their legal—judicial bases and content from those held before the King's death. Although there were hundreds of treason convictions during the interregnum throughout England, either by military courts-martial, or by common-law courts sitting in the provinces — as is shown by the Acts providing for die sale of estates forfeited to the Commonwealth for treason — this discussion will limit itself to trials initiated by the government in London. These state trials illustrate die political use of the treason charge; diey provide a direct link between the enactment of the interregnum treason laws and their implementation by the same legislative body. Not only was the meaning of treason determined, and die machinery of trial set up, by parliament; but who was to be tried was also decided eidier by parliament or die Council of State, and, after 1654, by the Protector and his council. It will dierefore be instructive to examine the types of treasonous action considered sufficiendy threatening to warrant parliamentary attention.

scholarly journals Science advice in New Zealand: Opportunities for development

2020 ◽  
Author(s):  
Jonathan Boston ◽  
Ben Jeffares ◽  
Juliet Gerrard ◽  
Shane Hendy ◽  
Wendy Larner
Keyword(s):  
New Zealand ◽  
Peer Review ◽  
Royal Society ◽  
Prime Minister ◽  
The State ◽  
Good Science ◽  
Aotearoa New Zealand ◽  
Science Advice ◽  
Understanding Of Science ◽  
The Government

What is the state of play for science advice to the government and Parliament? After almost ten years with a prime minister’s chief science advisor, are there lessons to be learnt? How can we continue to ensure that science advice is effective, balanced, transparent and rigorous, while at the same time balancing the need for discretion and confidentiality? In this article, we suggest that the hallmarks of good science – transparency and peer review – can be balanced against the need to provide confidential advice in an Aotearoa New Zealand context. To complement the advice to the prime minister, an expanded role for the Royal Society Te Apärangi would support public and parliamentary understanding of science and science issues relevant to policy.

scholarly journals Tinjauan Yuridis Akibat Berlakunya UU No. 11 Tahun 2016 Tentang Pengampunan Pajak Terhadap Sanksi Pidana Perpajakan

2019 ◽  
Vol 3 (2) ◽  
pp. 222-235
Author(s):  
Hadzil Hadzil ◽  
Mahdi Syahbandir ◽  
Syarifuddin Hasyim
Keyword(s):  
Criminal Code ◽  
The State ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
Tax Amnesty ◽  
The Poor ◽  
The Law ◽  
The Government

Terdapat cukup banyak masyarakat yang dengan sengaja melakukan kecurangan-kecurangan dan melalaikan kewajibannya dalam melaksanakan pembayaran pajak yang telah ditetapkan sehingga menyebabkan timbulnya tunggakan pajak. Menyikapi hal tersebut, Pemerintah mengesahkan Undang-undang Tax Amnesty Nomor 11 Tahun 2016 Tentang Pengampunan Pajak. Salah satu jenis pengampunan yang ditawarkan adalah memberikan penghapusan tindak pidana bagi Wajib Pajak (WP) yang melanggar undang-undang. Oleh sebab itu, hal ini menjadi menarik untuk diteliti karena dapat dianggap sebagai bentuk pengkhianatan terhadap rakyat miskin atau WP yang taat pajak. Masalah pokok dalam penelitian ini adalah apakah penghapusan sanksi pidana terkait pengampunan pajak (tax amnesty) sudah sesuai dengan prinsip-prinsip pemidanaan. Penelitian ini bertujuan untuk mengetahui dan menjelaskan penghapusan sanksi pidana telah sesuai atau tidak dengan prinsip-prinsip pemidanaan. Penelitian ini merupakan penelitian yuridis normatif dengan tujuan mengkaji asas-asas dan kaidah-kaidah yang terdapat dalam ilmu hukum. Data yang digunakan terdiri dari bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Hasil penelitian menunjukkan bahwa dalam hal penghapusan sanksi pidana dalam tax amnesty tidaklah sesuai dengan prinsip-prinsip penghapusan pidana dalam konsep KUHP, yaitu alasan pembenar dan alasan pemaaf karena apabila harta tersebut berasal dari hasil korupsi, hal tersebut bukanlah merupakan perbuatan yang patut dan benar untuk dimaafkan. Disarankan kebijakan dalam pengampunan pajak (tax amnesty) sebaiknya tidak diberlakukan penghapusan pada unsur tindak pidana, apalagi dalam tindak pidana tersebut terdapat unsur yang merugikan negara.There are enough people who deliberately commit fraud and neglect their obligations in carrying out the payment of taxes that have been set so as to cause the arrears of taxes. In response, the Government passed the Tax Amnesty Act Number 11 Year 2016 About Tax Amnesty. One type of amnesty offered is to provide the abolition of a criminal offense for a Taxpayer (WP) that violates the law. Therefore, it is interesting to investigate because it can be considered as a form of betrayal of the poor or WP who are tax-conscious. The main problem in this research is whether the abolition of criminal sanctions related to tax amnesty is in line with the principles of punishment. This study aims to determine and explain the elimination of criminal sanctions are appropriate or not with the principles of punishment. This study is a normative juridical research with the aim of studying the principles and rules contained in the science of law. The data used consist of primary legal materials, secondary legal materials and tertiary legal materials. The results indicate that of the abolition of criminal sanctions in the tax amnesty is not in accordance with the principles of criminal abolition in the concept of the Criminal Code, namely the justification and reasons for forgiveness because if the property is derived from the corruption, it is not a proper and proper act to be forgiven. It is recommended that the tax amnesty should not be abolished on the element of criminal acts, morever in the criminal act there are elements that harm the state.

scholarly journals Returning Home: The Ambivalent Assyrian Experience in Turkey

Poligrafi ◽  
2021 ◽  
pp. 153-176
Author(s):  
Abdulmesih BarAbraham
Keyword(s):  
Rule Of Law ◽  
Prime Minister ◽  
The State ◽  
Legal Basis ◽  
Eu Accession ◽  
State Of Emergency ◽  
Turkish Government ◽  
Circular Letter ◽  
Accession Process ◽  
Ownership Of Land

Discrimination and precarious living conditions in Tur Abdin, in southeastern Turkey, prompted Assyrians, indigenous Christian ethnic people to the country, to leave their homeland for Europe in the early 1960s. The process of migration continued for several decades and intensified with the militarization of the eastern provinces during the fight against the Kurdish PKK. Many Assyrian villages had to be abandoned. With an appeal formulated in a circular letter by Turkey’s then Prime Minister Bülent Ecevit in 2001, the Turkish government encouraged Assyrians abroad to return to their former homeland, assuring them that their security and rights as citizens would be guaranteed by the state. At the beginning of the new millennium, the situation in Tur Abdin seemed noticeably improved. The end of the state of emergency in the eastern provinces and the application of rule of law in the wake of the reforms in the context of EU accession process contributed to this. Many of the Assyrians who emigrated re-visited their former villages, but also tried to rebuild churches and their mostly dilapidated houses. Clarification of ownership of land and properties after occupation and changes of legal basis became a key issue.

Shining Path

2020 ◽  
Author(s):  
Miguel La Serna
Keyword(s):  
Communist Party ◽  
Armed Forces ◽  
Small Time ◽  
The State ◽  
Communist Regime ◽  
Shining Path ◽  
The Government

Between 1980 and 1999, the Peruvian Communist Party—Shining Path—enveloped the Andean nation of Peru in an armed insurrection designed to topple the state and institute a communist regime. The Maoist insurrection began in the highland department of Ayacucho, quickly spreading throughout the countryside and into the cities. After initially dismissing the insurgency as the work of small-time bandits, the government responded by sending in counterterrorism police and the armed forces into guerrilla-controlled areas. Both Shining Path and government forces targeted civilians as part of their wartime strategies, while some Indigenous peasants took up arms to defend their communities from the bloodshed. In 1992, police captured Shining Path leader Abimael Guzmán, severely weakening the insurgency. By 1999, most remaining guerrilla leaders had been arrested, all but ending the armed phase of the conflict.

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