MEDIJI I NjIHOV UTICAJ NA IZBORE

2021 ◽  
Author(s):  
Ružica Kijevčanin ◽  
Keyword(s):  
Rule Of Law ◽  
Central Question ◽  
Citizenship Rights ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Election Process ◽  
Protection Mechanisms ◽  
The Media ◽  
Direct Elections ◽  
Technology Trends

The aspiration of every modern state is to establish the rule of law, which incorporates the basic principles on which a free, open and prosperous society should lie. Some of these principles are civil democracy and secret and direct elections. The legal conduct of elections is the basic way to achieve peace and satisfaction among the population, because it puts the exercise of power and the regulation of issues of essential importance under their control. With the development of technology, trends, but also everyday life are changing, so, in addition to elections, the media are synonymous with freedom and citizenship rights. The media are a means of information that introduces citizens to information of various contents, and above all fundamental. Depending on the norm, level of development, protection mechanisms, the media conscientiously perform their function, or do not do it completely. What are the consequences when reporting on a specific phenomenon that is the basis of a healthy society in the first or second case is a central question that we will analyze in this paper. The importance of elections has been continuously confirmed throughout history, while the necessity of the media has been expanding for decades, in the intensity that elevates them to the top and equates them with the election process.

How to Reform the UN System? Constitutionalism, International Law, and International Organizations

1997 ◽  
Vol 10 (3) ◽  
pp. 421-474 ◽  
Author(s):  
Ernst-Ulrick Petersmann
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
Dispute Settlement ◽  
Constitutional Theory ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Wto Dispute Settlement ◽  
International Constitutionalism ◽  
Gatt 1947

The UN system requires far-reaching changes so as to achieve the objectives of the UN Charter (e.g. with regard to human rights and maintenance of peace) more effectively. European integration law suggests that ‘international constitutionalism’ offers the most effective approach for strengthening the rule of law and peaceful cooperation among democracies. Section 2 outlines basic principles for a constitutional theory of international law. Section 3 discusses the difficulties of ‘constitutionalizing’ the state-centered and power-oriented concepts of the UN Charter. Section 4 explains why the successful Uruguay Round strategy for replacing the old GATT 1947 by the new World Trade Organization (WTO) – notably the ‘package deal negotiations’, the incorporation of other worldwide treaties into WTO law and the mandatory WTO dispute settlement and enforcement systems – offer important lessons for the needed reforms of the UN Charter.

scholarly journals Formation’s Principles of the Judiciary of Ukraine

2021 ◽  
Vol 7 (6) ◽  
pp. 1001-1009
Author(s):  
Vitaliy Hudyma
Keyword(s):  
Rule Of Law ◽  
Professional Competence ◽  
Political Influence ◽  
The Political ◽  
Law And Order ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Supreme Council ◽  
The Status ◽  
Definition Of

The article reveals and researches the basic principles of the formation of the judiciary in Ukraine. It is established that judicial corps should be understood as an appropriate number of civil servants who hold the relevant positions as judges in the judicial bodies of Ukraine. It has been proved that judges make universally binding decisions, which determine, for example, other processes of maintaining law and order in the state. It is determined that the legislation lacks a clear definition of the term “judiciary” and lacks the primary grounds and principles by which the process of formation of the judicial corps in Ukraine should take place. It is established that the principles of formation of the judiciary in Ukraine should be based on the requirements for candidates for the position of judges, which are defined by Article 69, “Requirements for candidates for the position of the judge” of the Law of Ukraine “On Judiciary and the Status of Judges”. It is proved that one of the components of the procedure for the formation of the judiciary in Ukraine is the qualification assessment of candidates for the position of judges. It was found out that the qualification assessment of judges by the criterion of professional competence should be based on the principle of specialization and instance. It is established that the main principles based on which the appointment of judges-candidates for the positions of members of the Supreme Council of Justice are: the principle of the rule of law; the principle of professionalism; the principle of publicity; the principle of political neutrality. It is determined that one of the critical principles of formation of the judiciary in Ukraine should be the principle of non-political influence, namely its essence is revealed in the fact that entities that will participate both directly and indirectly in the formation of the judiciary should not, in any case, have any relation to the political sphere. It is noted that the prospects for further research in this area are the study of the holistic system and features of the formation of the judiciary in Ukraine.

Legal basis of regulation of inter-confessional conflicts over religious buildings

1996 ◽  
pp. 29-36
Author(s):  
M. Palinchak
Keyword(s):  
Rule Of Law ◽  
Legal Framework ◽  
Religious Institutions ◽  
Legal Basis ◽  
The Rule Of Law ◽  
Religious Buildings ◽  
Paradoxical Situation ◽  
The Media ◽  
The Mind

The experience of Transcarpathia shows that the heads of district and village councils are not well aware of the legal framework for the regulation of inter-confessional conflicts. Legislation in the media is interpreted differently. A paradoxical situation has arisen: by proclaiming a course on the construction of a lawful state, we are still continuing to build relationships between believers of different denominations and trends, believers and non-believers, state authorities and religious institutions, not on the principle of the rule of law - the cornerstone of the rule of law, but appealing to the mind of the crowd believers

The Police and the Rule of Law: Commentary on “Principals and Secret Agents”

2007 ◽  
Vol 191 ◽  
pp. 671-674 ◽  
Author(s):  
He Weifang
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Local Governments ◽  
Police Management ◽  
Academic World ◽  
The Rule Of Law ◽  
Internet Media ◽  
The Media ◽  
Management Power ◽  
The Relationship

Among Chinese political scientists and legal scholars, indeed within the Chinese academic world as a whole, research into the police is to a great degree marginalized. As the media have become more active, and in particular as internet media have arisen, it has become easier for some incidents of police infringements of human rights to attract nationwide attention. But there has been very little discussion of the relationship between these incidents and the police management system, or the division of police management power between the central and local governments and its ultimate influence on the construction of society in China under the rule of law.

scholarly journals From Magna Carta To The Contemporary System Of Financial Penalties In The Criminal Law

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 40-47
Author(s):  
Aleksandra Deanoska – Trendafilova
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Code ◽  
Historical Document ◽  
Criminal Offence ◽  
Constitutional History ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Magna Carta ◽  
Solid Foundation

Abstract Magna Carta Libertatum or the Great Charter of the Liberties is a historical document of great significance for the constitutional history and human rights and liberties development. Although at its initial version it addressed a limited number of liberties and principles, it represented a solid foundation for the evolution of the principles of the rule of law, right to justice, right to a fair trial, just and reasonable sentencing, limitation of powers, etc. Namely, article 20 of the Charter states: A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his “contenement”; and a merchant in the same way, saving his “merchandise”; and a villein shall be amerced in the same way, saving his “wainage” if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood. An analysis of this article undoubtedly leads us to the basic principles of the contemporary systems of fine, namely the daily-fine system introduced in the Macedonian Criminal Code in 2004 according to which the fine will be calculated and pronounced according to the gravity of the offence and the financial state and condition of the perpetrator. As one can notice, the gravity of the offence and the saving of the perpetrators “contenement” from the abovementioned article of the Great Charter refer to the aforesaid principles. In this article, a comparison will be made on the meaning of the term “amercement” and its similarities and differences with the modern financial penalties and measures in the criminal law from comparative perspective, to find which one corresponds to the latter: fine, assets forfeiture or compensation of damages made with the criminal offence.

scholarly journals PERANGKAT LUNAK JAJAK PENDAPAT (VOTING) BERBASIS SHORT MESSAGE SERVICE (SMS) GATEWAY DAN WEB

2020 ◽  
Vol 3 (1) ◽  
pp. 20
Author(s):  
Novendra Adisaputra Sinaga ◽  
Andi Setiadi Manalu ◽  
Benjamin Albert Simamora
Keyword(s):  
Short Message Service ◽  
Electronic Media ◽  
Short Message ◽  
Usual Form ◽  
Election Process ◽  
Message Service ◽  
General Elections ◽  
The Media ◽  
Direct Elections

One of the characteristics of democracy is characterized by direct elections. Nowadays the role of technology greatly affects all aspects of life because it is more effective and accurate. Electronic voting or e-voting is the usual form of voting used for general elections and polls using electronic media. The shift in the conventional election process in today's technological era utilizes the media for polling, one of which is short message service (SMS). The use of Short Message Service (SMS) technology can now be utilized for voting because it is supported by many factors including availability, speed, security and accuracy of data generated. Voting Based on Short Message Service (SMS) and relatively cheap costs so as to make it easier for users, both voting participants and voting implementers, to be more optimal.

scholarly journals SOCIO-CULTURAL FOUNDATIONS OF LAW

2019 ◽  
pp. 13-18
Author(s):  
V. V. Levkulych
Keyword(s):  
Rule Of Law ◽  
Logical Consequence ◽  
Cultural Environment ◽  
The Rule Of Law ◽  
Functional Correction ◽  
Cultural Foundations ◽  
The Media ◽  
The Law ◽  
Key Aspects ◽  
Cultural Reality

The reasoned discourse on cause-effect relationships, functional mission and duty of the law is possible only through the clarification of the ontological foundations of law. Because these foundations of law determine the consideration and evaluation of each status quo under a certain criterion, determine the degree of effectiveness of different instruments and the feasibility of their functional correction. A conceptual version focused on the socio-cultural foundations of law cannot be original, since it is a rather obvious conclusion. Focusing on socio-cultural preconditions of the emergence of law is further problematized by the fact that virtually every phenomenon that functions in a social environment is one way or another socio-culturally predetermined. However, focusing on the socio-cultural foundations of law is quite appropriate, since legal processality not only has formal features of correlative compatibility with the socio-cultural environment – it is a logical consequence of concrete historical conditions in the socio-cultural environment, therefore, the correspondence of the content and priorities of socio-cultural reality is extremely important for the effective functioning of the law. It is determined that the view of law as an embodiment of justice introduces an element of fundamental distinction between laws that may not always correspond to the canons of justice. In view of this peculiarity, the approximation to the ideals of the rule of law is determined not by the number of laws passed, but by their compliance with the requirements of justice. In addition, it should be understood that the existence of laws and other forms of law is not a tangible testimony to the existence of law as such (meaningful substance of law), because laws can be both legal and non-legal – a form of legalized arbitrariness. Unlike unlawful law, a legal piece of legislation in its key aspects always meets the requirements of fairness in a particular society. It is concluded that the law can also be (and often is) the result of political conjuncture, lobbying, corruption, the overriding of group interests and other phenomena and processes that are either de facto or substantially contrary to the majority’s view of justice, or generally categorically incompatible with such an idea. Therefore, the sacralization of the law, stereotyped at the level of the media and the general public sphere, is obviously too populist, and therefore legally and purely formal and logical, inappropriate, because it inadmissibly ignores many essential “buts” that induce the law by discursiveness, by discursiveness which relies on repressive coercion.

scholarly journals PENGGUNAAN TINDAKAN TEMBAK DI TEMPAT TERHADAP PELAKU TERORISME OLEH DENSUS 88 DIKAITKAN DENGAN ASAS PRADUGA TIDAK BERSALAH

2018 ◽  
Vol 1 (2) ◽  
pp. 111-120
Author(s):  
Agus Salem
Keyword(s):  
Rule Of Law ◽  
Use Of Force ◽  
Criminal Code ◽  
Presumption Of Innocence ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Police Action ◽  
Article 50

In recent years terrorism has become increasingly prevalent and shootings have often been carried out against terrorists against the police. In action against the perpetrators of theorism, Densus 88 often took action to place a shot. Such actions cause opposition to the principle of presumption of innocence. The specifications in this study are descriptive analytical. The results of the study are the rule of law which is the basis of the shooting in place against terrorists is Article 50 and 51 of the Criminal Code. The Chief of Police Regulation No. 1 of 2009 concerning the use of force in the Police Action is a number of basic principles on which firearms are used. Detachment 88 as the perpetrator of terrorism crackdown operations must pay attention to the principle of presumption of innocence by avoiding arbitrary actions and being outside the established procedures, both in law and other regulations.

scholarly journals Prosecutorial oversight of the rule of law during the investigation of war crimes

2020 ◽  
pp. 97-101
Author(s):  
O.V. Ilchenko ◽  
A.O. Taranchenko
Keyword(s):  
Rule Of Law ◽  
War Crimes ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Qualified Personnel ◽  
The Usa ◽  
The Russian Federation ◽  
The Military ◽  
Centralized System

The article is devoted to the activities of the prosecutor's office in the military sphere. The historical aspects of the formation of the prosecutor's office were noted in the work. The issue of reorganization of the prosecutor's office in relation to its activities in the military sphere, which is reflected in the liquidation of military prosecutor's offices, was also studied and covered. The Prosecutor's Office of Ukraine is the only centralized system entrusted with the performance of functions aimed at ensuring legality. The procedure for performing these functions must clearly comply with the law and the basic principles of the prosecutor's office. The role of the prosecutor's office is extremely important, because it is an effective tool for strengthening the rule of law, which determined the development of the rule of law. The activities of the prosecutor's office in the military sphere are extremely important, especially given the difficult political situation in Ukraine. In the context of armed conflict, the number of war crimes, which have always been investigated by military prosecutors, is growing significantly. All security and defense reforms must take into account the situation in Ukraine, in particular, taking into account the existing military threats from Russia. Occupation of Luhansk and Donetsk regions, annexation of Crimea, armed aggression of the Russian Federation, sabotage and reconnaissance activities, accumulation of military formations near the border of Ukraine - all these are urgent threats to the defense and national security of Ukraine. A number of arguments were presented that prove the inexpediency of such a reorganization. The international experience on the example of the leading countries of the world, such as the USA, Israel, Great Britain is researched and analyzed. Based on this analysis, the importance of the existence of a specialized body responsible for overseeing the rule of law in military formations and the investigation of crimes in the military sphere was proved. It has been proven that war crimes should be investigated by specialized bodies with experienced and qualified personnel, as the offenses committed by servicemen are specific and require a specific approach to their investigation.

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