scholarly journals Whether the right of pursuit is constitutional property interest protectible against the state II part

2018 ◽  
pp. 89-105
Author(s):  
Nenad Tešić
Keyword(s):  
Organized Crime ◽  
The State ◽  
Good Faith ◽  
Property Interest ◽  
Freezing Procedure ◽  
Proceeds Of Crime ◽  
The Republic ◽  
The Moment ◽  
The Right ◽  
Subjective Rights

The author, in this paper, is looking for Ariadne’s thread, which would help us to find the way through the legal labyrinth composed of justified reaction of the state in the war against organized crime, from one side and what is considered an appropriate protection of secured creditor’s subjective rights, from the other side. He points out that in resolving a dilemma, does the mortgagee have the right to enforce its debt against the Republic of Serbia (right of pursuit), in case if the extended confiscation of property (proceeds of crime) includes subject-matter of mortgage, the court should take into account does the mortgagee know or should know about criminal origins of encumbered assets. The court should evaluate a good faith of the mortgagee, bearing in mind all the circumstances of the case, especially: 1) The moment of a mortgage establishment, i.e. whether the registration of mortgage is prior in time to the initiation of a property freezing procedure; 2) Overall business and other relations between mortgagee and mortgagor, i.e. are these parties associated in any other way? 3) Objective changes in the economic position of mortgagee and mortgagor, i.e.is the security agreement true or simulated, in particular, whether the value of the secured claim actually enhanced the property of the mortgagor and at what consideration.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

Glosa do Wyroku Trybunału Konstytucyjnego z dnia 16 maja 2018 r., sygn. akt SK 18/17

2021 ◽  
Vol 4(165) ◽  
pp. 147-158
Author(s):  
Agnieszka Kawałko
Keyword(s):  
Family Relationship ◽  
Time Limit ◽  
Biological Origin ◽  
The Right To Know ◽  
Civil Status ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Moment ◽  
The Right ◽  
Age Of Majority

The commented ruling of the Constitutional Tribunal concerns the constitutionality of the provision of Article 70(1) of the Family and Guardianship Code, which provided that the time limit for a child to bring an action to deny the paternity of his or her mother’s husband is three years and runs from the moment the child reaches the age of majority, regardless of the child’s know-ledge of his or her biological origin, i.e. regardless of whether the child within that time limit acquired knowledge that he or she did not come from his or her mother’s husband and whether the child could decide to bring an action. The expiry of the three-year period resulted in the expiry of the child’s right to claim the denial of paternity of the mother’s husband and, consequently, precluded the possibility of a positive determination of the paternity of a man other than the mother’s husband. The Constitutional Tribunal found this provision to be inconsistent with Article 30 in conjunction with Article 47 in conjunction with Article 31(3) of the Constitution of the Republic of Poland. The author agrees with the position expressed by the Constitutional Tribunal in the judgment in question, which in this case provides a basis for consideration of the relationship between the right to know one’s biological origin and the value of stabilising the civil status of a child and persons remaining in an established family relationship with him or her.

The Republic Was an Empire

2020 ◽  
pp. 139-155
Author(s):  
Jonathan Scott
Keyword(s):  
The Netherlands ◽  
The State ◽  
Political Union ◽  
The Past ◽  
Imperial Ideology ◽  
Military Revolution ◽  
The Republic ◽  
The Moment ◽  
Dutch Model

This chapter deals with the circumstances leading to the first of three Anglo-Dutch wars. Beginning with a proposal for political union, the chapter addresses the growing animosity between the English and the Dutch through two major themes. In the first place, from the moment of its foundation the English republic was, and behaved like, an empire. Second, it was the product, as in the Netherlands, of a rebellion and fiscal/military revolution which built the state. More than its Dutch model, the English republic entailed a sharp, indeed spectacular, break with the past, accompanied by a revolutionary as well as an imperial ideology.

scholarly journals Peranan Badan Pertanahan Nasional/Agraria Dan Tata Ruang Dalam Penyelesaian Sertifikat Ganda Di Kabupaten Banyumas

2021 ◽  
Vol 23 (2) ◽  
pp. 1-8
Author(s):  
Ninik Hartariningsih ◽  
Esti Ningrum ◽  
Wahyu Hariadi
Keyword(s):  
Land Rights ◽  
The State ◽  
Good Faith ◽  
Close Relationship ◽  
The Law ◽  
The Right

ABSTRACT The number of cases or disputes in the field of land, one of which is due to the existence of multiple certificates, in which this problem can be caused by good ethics and good ethics. This is because land has a close relationship with humans, both for housing and for business. Therefore, the law requires the owner of land rights to register their land, so that they have legal guarantees and guarantees of their rights. Double certificates occur in the case of land being abandoned by a certified owner, for a period of more than 20 years so that the land grows with a thicket, which is then controlled by someone else in good faith for more than 20 years, then the person increases his right of ownership. This is justified by law because the person has controlled the land for more than 20 years, in addition, because the land has been neglected for more than 20 years, the right to annul the land is controlled by the State. Keywords: BPN/ATR, Solution, Double Certificate Abstrak. Banyaknya kasus/sengketa dibidang pertanahan, yang salah satunya adalah karena adanya sertifikat ganda, yang mana masalah ini dapat dikarenakan etikat tidak baik maupun etikat baik. Hal ini dikarenakan bahwa tanah mempunyai hubungan yang erat dengan manusia, baik untuk tempat tinggal maupun untuk berusaha. Oleh karenanya Undang- Undang mewajibkan sipemilik hak atas tanah untuk mendaftarkan tanahnya, agar mempunyai jaminan hukum dan jaminan haknya. Sertifikat ganda terjadi dalam hal tanah ditelantarkan oleh pemiliknya yang sudah bersertifikat, dalam jangka waktu lebih dari 20 tahun sehingga tanah tersebut tumbuh semak belukat, yang kemudian dikuasai oleh orang lain dengan itikat baik selama lebih dari 20 tahun, kemudian orang tersebut meningkatkan haknya menjadi hak milik.Hal ini dibenarkan oleh undang-undang karena org tersebut telah menguasai tanah tersebut selama lebih dari 20 tahun, selain itu karena tanah tersebut ditelntarkan selama lebih Dri 20 tahun, maka haknya hapus tanah dikuasai oleh Negara. Kata Kunci : BPN/ATR, Penyelesaian, Sertifikat Ganda

Art and Science: or Bach as an Expositor of the Bible

1992 ◽  
Vol 28 ◽  
pp. 343-353
Author(s):  
W. R. Ward
Keyword(s):  
East Germany ◽  
The State ◽  
The Bible ◽  
The Enlightenment ◽  
National Tradition ◽  
Long Time ◽  
History Of ◽  
The Difference ◽  
The Republic ◽  
The Moment

For a long time before dramatic recent events it has been clear that the German Democratic Republic has been in die position, embarrassing to a Marxist system, of having nothing generally marketable left except (to use the jargon) ‘superstructure’. The Luther celebrations conveniendy bolstered the implicit claim of the GDR to embody Saxony’s long-delayed revenge upon Prussia; still more conveniendy, they paid handsomely. Even the Francke celebrations probably paid their way, ruinous though his Orphan House has been allowed to become. When I was in Halle, a hard-pressed government had removed the statue of Handel (originally paid for in part by English subscriptions) for head-to-foot embellishment in gold leaf, and a Handel Festival office in the town was manned throughout the year. Bach is still more crucial, both to the republic’s need to pay its way and to the competition with the Federal Republic for the possession of the national tradition. There is no counterpart in Britain to the strength of the Passion-music tradition in East Germany. The celebrations which reach their peak in Easter Week at St Thomas’s, Leipzig, are like a cross between Wembley and Wimbledon here, the difference being that the black market in tickets is organized by the State for its own benefit. If Bach research in East Germany, based either on musicology or the Church, has remained an industry of overwhelming amplitude and technical complexity, the State has had its own Bach-research collective located in Leipzig, dedicated among other things to establishing the relation between Bach and the Enlightenment, that first chapter in the Marxist history of human liberation. Now that a good proportion of the population of the GDR seems bent on liberation by leaving the republic or sinking it, the moment seems ripe to take note for non-specialist readers of some of what has been achieved there in recent years.

scholarly journals On the question of forms and types of property rights in civil law

2020 ◽  
Vol 80 (4) ◽  
pp. 62-67
Author(s):  
Zh. Talipova ◽  
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Property Relations ◽  
Territorial Unit ◽  
The Republic ◽  
Legal Concepts ◽  
The Right

The right of ownership, like property itself, occupies one of the main places in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds for the emergence and termination of property rights and ways to protect and protect the absolute right of the owner. A certain thing may belong to several persons as common property. In this case, the right of ownership is distributed among several owners (co-owners). The totality of legal norms on common property forms the institution of common property law. The purpose of this work is a comprehensive analysis of the main legal concepts, such as property, owner and subject of property rights, as well as forms and types of property, the basis for the emergence and termination of property rights and the definition of ways to protect and protect the absolute right of the owner. The means of achieving this goal is the study of the works of Kazakh legal scholars, the study of the analysis of practical materials. The article uses the following methods: comparative-legal, system-structural, formal-logical, as well as the method of system analysis. The legislation of Kazakhstan provides for two subjects of State property that have the right to act on their own behalf: the Republic of Kazakhstan as a whole (in respect of property constituting republican property) and the administrative – territorial unit (in respect of property constituting municipal property). That is, in civil circulation, data are carriers of state property rights. Depending on the tasks performed, the State exercises the powers of the owner on behalf of one of the specified entities. The Republic of Kazakhstan and the administrative-territorial unit are not legal entities. However, unless otherwise provided by legislative acts, they are subject to the rules governing the participation of legal entities in relations regulated by civil law. The state and administrative-territorial unit, as special subjects, have all the rights of subjects of civil legal relations and are limited in legal personality only by the current legislation.

scholarly journals Loterie jako instrumenty pozyskiwania dochodów państwa w polskim prawie skarbowym w latach 1768-1871

2018 ◽  
Vol 69 (2) ◽  
pp. 89-109
Author(s):  
Michalina Duda-Hyz
Keyword(s):  
The State ◽  
European Countries ◽  
Current Regulation ◽  
The Creation ◽  
The Republic ◽  
Polish Law ◽  
The Right

Lottery is considered to be the first institutionalized form of gambling in Poland, just like in other European countries. The purpose of the introduction of the lottery was to bring funds to the Crown treasury and to the Lithuanian treasury. Subsequently, it was seized by the treasury with the simultaneous stipulation that only the state has the right to organize and receive income from lottery games. This was connected with the creation of a new fiscal prerogative which can be treated as the prototype of the state’s monopoly on the lottery. It is still present in the current regulation pertaining to gambling. Also some of the forms of public burden connected with organizing the lottery, i.e. the tributes charged for the organization of gambling games, seem to possess features similar to contemporary taxes levied for games.The article presents the lotteries which were organized in order to acquire funds for the state treasury from the period of the First Polish Republic until 1871. Furthermore, the paper narrowed the scope of the research to the lotteries which were organized according to the Polish law in order to acquire income for the treasury of the Duchy of Warsaw, the Kingdom of Poland and the Republic of Cracow. The considerations concentrate on the issue of acquiring income for the state from the activity consisting of organizing gambling games. And to be more specific, it concentrates on the type of public tributes which can be construed as the prototype of the present taxes on gambling.

scholarly journals Consolidation of agricultural land, as a factor maintaining and improving soil cover of the Azerbaijan Republic

2020 ◽  
Vol 193 (2) ◽  
pp. 89-93
Author(s):  
T. N. Nizamzade
Keyword(s):  
Soil Fertility ◽  
Industrial Development ◽  
Agricultural Land ◽  
Soil Cover ◽  
General Pattern ◽  
The State ◽  
Land Resources ◽  
The Republic ◽  
The Moment ◽  
First Time

Abstract. The purpose of our research is to study the state of the soil cover of peasant farms, and to establish the cause of the decline in soil fertility, the land used by them in their farms. The preservation and improvement of the soil cover, therefore, and the basic vital resources in the conditions of intensification of agricultural production, industrial development, rapid growth of cities and transport is possible only with well-established control over the use of all types of soil and land resources. The object of the study was the soil cover on the territory of farms of the Republic, with certain natural conditions and a specific type of economic development. The data obtained as a result of research on the state of the soil cover reflect the General pattern of development of land degradation throughout the territory of farms, due to uncontrolled use of land resources. In the article, the sizes of land shares of farms of the Republic which in our opinion are one of the main reasons of decrease in soil fertility of lands of agricultural purpose are considered. At the moment, there is no current legislation in Azerbaijan that could regulate the consolidation of agricultural land and prevent further unjustified fragmentation of land plots. The author in the work proposes a method of land management on a voluntary basis to carry out land consolidation. The novelty of the work lies in the fact that for the first time on the territory of the Republic to solve the problems associated with the deterioration of soil cover on the lands of farms, it is proposed to consolidate the lands of small farms into larger landholdings. As consolidation of lands in these farms will create for their owners an opportunity to unite the efforts in carrying out Agro complex actions in fight against deterioration of soil fertility.

scholarly journals In the matter of some issues on the notice of accusation according to criminal procedural law of Ukraine

2020 ◽  
pp. 95-109
Author(s):  
Mykola Misechko
Keyword(s):  
The State ◽  
Procedural Law ◽  
Special Procedure ◽  
Legislative Regulation ◽  
Procedural Code ◽  
Basic Concepts ◽  
The Moment ◽  
The Right ◽  
Primary Form

The author examines the problematic issues of the essence of the notification of suspicion, its concept, meaning, which scientists interpret as: procedural activity, the meaning of which is the preparation by the investigator or prosecutor of a written notice of the suspicion and its delivery to the person in accordance with Art. art. 276-279 of the Criminal Procedural Code of Ukraine; procedural decision; procedural action; institute of criminal procedural law; pre-trial stage and the form of notification; pre-trial investigation stage; the first stage of formation of the state prosecution; the primary form of indictment against a specific person; commencement of the prosecution function. The ambiguous legislative regulation of the institution of notification of suspicion is considered, in particular, the absence of specific normative consolidation of the basic concepts of the institution of notification of suspicion and contradiction of the articles of the Criminal Procedural Code of Ukraine (Article 177 and Article 276), and chapter 22 of the Criminal Procedural Code of Ukraine, entitled “Notification of suspicion” regarding the connection of the procedural activity from the notification of suspicion with the array of the procedural actions of the investigator and / or prosecutor, the meaning of which is to establish legal and factual grounds for notification of suspicion (Art. 276), the drafting of a written procedural document (notice of suspicion) (art. 277) and its delivery to a person (art. 278). Attention is drawn to certain aspects when giving notice of suspicion and explaining rights to a person, as well as to typical procedural errors when notifying a person of suspicion, namely, acquisition of the procedural status of a suspect from the moment of actual delivery of mail with notification of suspicion; the formal explanation to suspects of the scope of their rights, the possibility of abuse by investigators and prosecutors of the right to apply a special procedure for notifying a person of suspicion. Key words:notice of accusation (suspicion notification), legal and factual grounds for suspicion notification, procedure for suspicion notification, notice of accusation submission, explaining rights to the suspect, notification delivery, typical procedural errors.

scholarly journals Fikih Pancasila (Reinterpretasi Patriotisme dalam Upaya Meneguhkan Keutuhan NKRI)

2019 ◽  
Vol 10 (2) ◽  
pp. 144-157
Author(s):  
Miftahul Ulum
Keyword(s):  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Public Benefit ◽  
A Value ◽  
Constitutional State ◽  
Religious Law ◽  
Law And Justice ◽  
The Republic ◽  
The Right

Mahfud MD states that the Pancasila State is a constitutional state and is final, even in terms of religious/fiqh law can be declared valid and correct. The results of the ijtihad of the ulama of ushul fiqh also mentioned that the choice of national law based on the Pancasila and the 1945 Constitution of the Republic of Indonesia was the right choice and was recognized syara'. Indonesia's legal state also accepts the spiritual value of religious law. Written law and all procedural provisions (rechtsstaaf) are accepted but must be put in order to uphold justice (the rule of law). Written provisions that prevent justice can be abandoned. This is confirmed in the provisions of Article 24 paragraph (1) of the 1945 Constitution which states that the function of the judicial authority is to enforce law and justice, and Article 28D paragraph (1) concerning the right to obtain legal certainty and Article 28H that the law must be built on the basis of justice benefits. Jurisprudence law with national law has the same substance in maintaining and encouraging the development of a legal system based on social justice and public benefit (al-manfa'ah al-ammah) as has also been voiced and championed by the founders of the state when they are compiling the state ideology, namely Pancasila. Those who are predominantly Muslim have an open attitude to respect and accommodate the interests of other faith groups and religions. Abdurrahman Wahid also emphasized that the founders of the nation (such as Ki Bagus Hadikusumo, Abdul Wahid Hasyim, Kahar Mudzakkar, Agus Salim, and Ahmad Subardjo) who were experts in the field of Jurisprudence had absorbed and adopted the principles and objectives of fiqh law that had a value of justice, benefit, humanity and shura in the Pancasila state system.

Sign in / Sign up

Export Citation Format

Share Document