scholarly journals INTERNATIONAL LEGAL FUNDAMENTALS OF MUNICIPAL REFORM IN UKRAINE

2021 ◽  
Vol 2 (5) ◽  
pp. 17-29
Author(s):  
R. M. Khvan
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Practical Implementation ◽  
Legal Norms ◽  
Progressive Development ◽  
Legal Standards ◽  
Municipal Reform ◽  
Legal Forms ◽  
The One ◽  
Rule Making

The article examines the formation and development of local self-government of the Ukrainian state and their compliance with European legal standards of local democracy. It was revealed that at present the development of the Ukrainian state is impossible without the functioning of an effective institution of local self-government as an integral element of civil society and the rule of law. It has been established that the completion of the long- term reform of local self-government, taking into account the European legal standards of local self-government, will make it possible to speak about the establishment of a real civil society and a rule of law in Ukraine. It is noted that recently the constitutional principles of local self-government have begun to lag behind the real state of existence and functioning of this subsystem of public power. And this, in turn, leads to the inhibition of its further progressive development and improvement. Moreover, the current post-Soviet model of local self-government in Ukraine is characterized by internal contradictions: on the one hand, a combination of organizational and legal forms inherited from Soviet times with models formed during modern Ukrainian statehood; on the other hand, the latest models of public administration at the territorial level unsystematically combine borrowing from several, sometimes directly opposite, Western models of administrative structure. It is noted that the perception of foreign experience, especially in the field of rule- making and rule-making, is quite a difficult task, because here it is necessary to introduce into the legal system of one state, through appropriate borrowing mechanisms, the legal norms of another state. of these, will lead to legal and administrative conflicts. It is noted that the use of European legal standards for building local self-government in Ukraine should become the basis and standard for the practical implementation of a systemic set of reforms in the management system at the local and regional level.

Introduction

2019 ◽  
pp. 1-18
Author(s):  
Ian Hurd
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Social Practice ◽  
Good Governance ◽  
World Politics ◽  
International Conflicts ◽  
Legal Forms ◽  
The One ◽  
International Rule

This introductory chapter provides an overview of the politics of the international rule of law. The big debates in world politics today are inseparable from international law. Controversy over what is and is not legal is standard fare in international conflicts, and commitment to rule of law is presumed a marker of good governance. Yet the politics of the international rule of law are not so simple and are rarely investigated directly. This book shows that international law is properly seen not as a set of rules external to and constraining of state power but rather as a social practice in which states and others engage. They put the political power of international law to work in the pursuit of their goals and interests. Indeed, governments use international law to explain and justify their choices. This is both constraining and permissive. On the one hand, states must fit their preferences into legal forms. On the other hand, they are empowered when they can show their choices to be lawful. Thus, international law makes it easier for states to do some things (those that can be presented as lawful) and harder to do others (those that appear to be unlawful). The book then looks at how the concept of international law is used in world politics and to what ends.

scholarly journals THE STRUGGLE OF WORLDVIEWS IN THE FORMULATION OF LEGAL NORMS ON MEASURES OF ADMINISTRATIVE AND PROCEDURAL ENFORCEMENT

2021 ◽  
pp. 35-41
Author(s):  
O. I. Mykolenko ◽  
О. M. Mykolenko
Keyword(s):  
Administrative Law ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Court Proceedings ◽  
Theory Of Law ◽  
The One ◽  
Scientific Worldview ◽  
National Police ◽  
Rule Making

The article reveals the main contradictions that arise between the scientific worldview and the worldview of the legislator on measures of administrative coercion. Emphasis is placed on the fact that in the development of regulations that contain administrative law, often ignore the achievements of the science of administrative law and process and use the achievements of related sciences, in particular, the theory of state and law, theory of public administration, theory of procedural law, etc. On the one side, this indicates the openness of knowledge of administrative law, because it uses the experience of other sciences, and, on the other – the chaos of scientific knowledge about administrative law phenomena, as well as the further process of unbalancing the existing doctrine of administrative law. On the example of the provisions of the Law of Ukraine “On the National Police” the inconsistency of the norms of the administrative legislation with the provisions of the doctrine of administrative law on measures of administrative coercion is revealed. Also, on the example of the provisions of the Code of Administrative Procedure of Ukraine, the influence on the process of formation of norms of administrative law on measures of administrative coercion of the provisions of the theory of civil procedural law is revealed. It is proved that the measures of procedural coercion are heterogeneous in terms of target orientation and consequences of application. Some of them are aimed at providing evidence in the case, some – to ensure court proceedings, and some of them – to punish the person who violated the requirements of procedural law. Instead, administrative procedural legislation, regulating measures of procedural coercion, ignores the theory of administrative law and process and borrows the experience of civil procedural and economic procedural regulation. It is emphasized that the unification of procedural legislation, which is taking place today in Ukraine, destroys the system of science of administrative law and process. It is concluded that the rules of administrative law, which enshrine measures of administrative coercion and measures of procedural coercion, indicate a significant gap between the theory of law and rule-making, which threatens the continued existence and development of the theory of administrative law and process.

The Jewish Community in the Grand Duchy of Poznań under Prussian Rule, 1815–1848

2001 ◽  
pp. 49-67
Author(s):  
Sophia Kemlein
Keyword(s):  
Legal Status ◽  
Political Representation ◽  
Practical Implementation ◽  
Administrative Practices ◽  
Jewish Communities ◽  
Legal Norms ◽  
State Supervision ◽  
The One ◽  
East Prussia ◽  
Grand Duchy

This chapter examines the effects of Prussian legal and administrative practices on the Jewish communities in the Grand Duchy of Poznań, and how these communities responded to the changing situation. The question of the autonomy of the communities seems especially instructive, since in pre-emancipation times autonomy had generally been considered a guarantor of the continuance of Jewish life in the Diaspora. In the Polish–Lithuanian Commonwealth, autonomy had been developed through countrywide institutions with claims for political representation. After briefly outlining the situation before Prussian rule, the chapter describes the legal status of the Jewish communities with particular attention to the regulations for South Prussia and New East Prussia, since they constitute stages leading to the formulation of legal norms after 1815. It then explores the practical implementation of these laws and the tense relationship between state supervision and the concept of a legal unit on the one hand and traditional Jewish autonomy on the other. Finally, the chapter briefly describes the ways in which the Jewish communities in the Grand Duchy dealt with the realities of Prussian rule, with its pressures for integration and assimilation.

scholarly journals Criminal-legal significance of compensation for harm from a crime

2021 ◽  
Vol 7 (2) ◽  
pp. 449-454
Author(s):  
Sergey Aleksandrovic Shumakov ◽  
Irina Aleksandrovna Tolstova ◽  
Vladimir Arkadievich Kishko ◽  
Konstantin Ivanovich Popov ◽  
Aleksandr Vladimirovic Shelygov
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The Rule Of Law ◽  
Legal Norms ◽  
The Social ◽  
Criminal Procedure Law ◽  
Qualitative State ◽  
Subjective Rights

The study is devoted to the substantiation of the criminal-legal significance of compensation for harm from a crime. To fight crime and other offenses, the criminal procedure law aims at creating property barriers to the illegal and unjustified use of objects of all forms of ownership, ensuring the return of property to the victim or compensation for harm. The protection of violated subjective rights can be carried out not only with the help of civil legislation but also criminal and administrative ones. In cases of compensation for harm from a crime, the unlawful act acquires a new qualitative state, reflecting not only the inconsistency of behavior with legal norms but also the social danger, that is, its damage to the civil society and the rule of law.

scholarly journals The Rule of International (Environmental) Law and Complex Problems

2019 ◽  
pp. 211-231 ◽  
Author(s):  
Jutta Brunnée
Keyword(s):  
Rule Of Law ◽  
Environmental Law ◽  
Paris Agreement ◽  
Soft Law ◽  
International Context ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Policy Challenge ◽  
The One ◽  
International Rule

The chapter highlights the main features of climate change as a complex policy challenge. Drawing on the interactional account of international law it sets out the key traits of legality and the rule of law in the international context. It focuses primarily on how treaty-based law has evolved to grapple with complexity on the one hand, and meeting the demands of the rule of law on the other. The 2015 Paris Agreement, which was adopted under the auspices of the FCCC and employs an unprecedented range of legal ‘modes’, is taken as the key example. It is argued that the ‘hard’ vs ‘soft’ law distinction is not the most informative metric when it comes to exploring the trajectory of the international rule of law. Analytic attention is most fruitfully directed to the distinctive traits of legal norms and practices; traits that transcend traditional conceptions of formality and informality.

Legal Regulation and the Juridification of Party Governance

2020 ◽  
Vol 53 (1) ◽  
pp. 117-150
Author(s):  
Nicole Bolleyer ◽  
Anika Gauja ◽  
Patricia Correa
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
Due Process ◽  
Legal Regulation ◽  
Civil Society Organizations ◽  
Organizational Governance ◽  
Legal Norms ◽  
Party Organizations ◽  
Legal Standards ◽  
Conflict Regulation

Although democratic states increasingly regulate political parties, we know little about how legal environments shape parties' internal lives. This article conceptualizes and measures the "juridification" of party organizations' conflict regulation regimes: that is, the extent to which parties replicate external legal standards (e.g. norms of due process) within their own procedures. Formulating hypotheses on juridification within different parties and legal environments, we examine intra-party juridification across four democracies with most different party law provisions. While party juridification varies—reflecting parties' ideological differences—in contexts where organizational governance remains unregulated, once intra-organizational governance is subject to statutory constraints, parties emulate legal norms embedded in the state legal system, transcending what is legally required, which has important repercussions for how the law shapes civil society organizations generally.

scholarly journals Integrative doctrine of evidence-based law.

2021 ◽  
Vol 3 (3) ◽  
pp. 271-277
Author(s):  
Volodymyr Tertyshnyk ◽  
Viktor Chentsov
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Reasonable Doubt ◽  
Evidence Based ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Protection Of Human Rights ◽  
Evidence Law ◽  
Principle Of Proportionality ◽  
The One

The article on the basis of integrative analysis of the problems of evidence in various legal processes substantiates the conclusion about the need to establish an integrative doctrine of evidence law and adopt a universal legislative act - the «Code of Evidence Law». The implementation of the rule of law in the field of justice is possible only if there is a fundamental doctrine of evidence-based law and a perfect evidentiary law created on its basis. In the context of the formation of its doctrinal principles and individual legal institutions, we propose to enshrine here the following provisions: Actual data obtained through the implementation of operational and search actions, anti-corruption measures, activities to prevent the legalization of proceeds from crime, customs and other administrative or civil procedure procedures stipulated by law can be used in criminal procedure and other legal evidence, provided that the source and method of their receipt can be verified. In admissive are the evidence obtained from such sources, such means and in such a manner, in which the proper observance of the protection of human rights and freedoms in accordance with the requirements of the rule of law and the principle of proportionality is not ensured, and the authenticity of the evidence itself is questioned. In legislation of Ukraine proposes to consolidate the following provisions: «Evidence materials obtained as a result of provocation of a crime obtained with significant violation of human rights and freedoms are inadmissible, whether «the fruits of a poisonous tree, materials obtained in violation of other legal norms, the prescriptions of which created certain guarantees of obtaining reliable factual data. Inadmissible are the evidence obtained from such sources, such means and in such a manner, in which the proper observance of the protection of human rights and freedoms is not ensured in accordance with the requirements of the rule of law and the principle of proportionality, as well as question the authenticity of the evidence itself. The standard of proof beyond a reasonable doubt means that the system of admissible and reliable evidence excludes any other reasonable explanation of the event that is the subject of trial, in addition to the one that is formed in the court decision.

The Curious Case of Singapore’s BIA Desertion Trials: War Crimes, Projects of Empire and the Rule of Law

2017 ◽  
Vol 28 (4) ◽  
pp. 1217-1240
Author(s):  
W L Cheah
Keyword(s):  
World War Ii ◽  
Rule Of Law ◽  
War Crimes ◽  
International Criminal Law ◽  
The Rule Of Law ◽  
Legal Standards ◽  
War Crimes Trials ◽  
British Colonial ◽  
Military Law ◽  
The One

Abstract This article critically analyses a set of war crimes trials, conducted by the British colonial authorities in post-World War II Singapore, which dealt, among others, with the contentious issue of deserting British Indian Army soldiers. While seemingly obscure, these trials illuminate important lessons about rule of law dynamics in war crimes trials. Although these trials were intended by their organizers to facilitate the return of British colonial rule, they resulted in unexpected acquittals and conviction non-confirmations. On the one hand, by applying British military law as a back-up source of law when prosecuting ‘violations of the laws and usages of war’, the British contravened the rule of law by retrospectively subjecting the Japanese defence to unfamiliar legal standards. On the other hand, by binding themselves to a pre-existing and relatively clear source of law, the British were constrained by the rule of law even as this empowered the Japanese defence. These findings speak to broader debates on the challenges of developing international criminal law, by provocatively suggesting that, from a rule of law perspective, what is most important in a body of law is its clarity, accessibility and comprehensiveness rather than its source or its purported ‘universality’.

P20 phosphor on polyimide as a large area high-resolution transmission screen for slow scan CCD systems

1995 ◽  
Vol 53 ◽  
pp. 20-21
Author(s):  
C. C. Ahn ◽  
S. Karnes ◽  
M. Lvovsky ◽  
C. M. Garland ◽  
H. A. Atwater ◽  
...  
Keyword(s):  
Mechanical Stability ◽  
High Energy ◽  
Practical Implementation ◽  
Line Pair ◽  
Modulation Transfer ◽  
Large Area ◽  
Ccd Imaging ◽  
Transmission Electron ◽  
The One ◽  
Beam Broadening

The bane of CCD imaging systems for transmission electron microscopy at intermediate and high voltages has been their relatively poor modulation transfer function (MTF), or line pair resolution. The problem originates primarily with the phosphor screen. On the one hand, screens should be thick so that as many incident electrons as possible are converted to photons, yielding a high detective quantum efficiency(DQE). The MTF diminishes as a function of scintillator thickness however, and to some extent as a function of fluorescence within the scintillator substrates. Fan has noted that the use of a thin layer of phosphor beneath a self supporting 2μ, thick Al substrate might provide the most appropriate compromise for high DQE and MTF in transmission electron microcscopes which operate at higher voltages. Monte Carlo simulations of high energy electron trajectories reveal that only little beam broadening occurs within this thickness of Al film. Consequently, the MTF is limited predominantly by broadening within the thin phosphor underlayer. There are difficulties however, in the practical implementation of this design, associated mostly with the mechanical stability of the Al support film.

Cardinal Richelieu between Vattel and Machiavelli

2018 ◽  
Author(s):  
Anthony Carty
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Rule Of Law ◽  
Natural Law ◽  
Historical Research ◽  
Practical Implementation ◽  
The Rule Of Law ◽  
God's Will ◽  
Legal Thought ◽  
Rule Of Reason

The view that no form of international law existed in seventeenth-century France, and that this time was a part of ‘prehistory’, and thus irrelevant for international legal thought today is challenged. In addition, the traditional claim of Richelieu to be an admirer of Machiavelli and his Ragion di Stato doctrine to the detriment of the aim of concluding treaties and keeping them (as sacred), is refuted by careful historical research. In Richelieu’s thinking, there is a role for law to play but it is law as justice, law in the classical natural law tradition. Those who rule are subject to the rule of law as justice, the rule of God, or the rule of reason. In Richelieu’s world, kings and ministers are rational instruments of the practical implementation of God’s will on earth.

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