scholarly journals Legal Problems Aspects of the Immunity and Its Impact On Criminal Responsibility According to Omani Legislation

2021 ◽  
Vol 32 (4) ◽  
pp. 244-274
Author(s):  
Saud Muhammad Al-Azri ◽  
Abidah Abdul Ghafar
Keyword(s):  
Criminal Responsibility ◽  
The Other ◽  
Basic System ◽  
Legal Problem ◽  
Royal Decree ◽  
Legal Problems ◽  
Legal Nature ◽  
Conflicting Interests ◽  
The One ◽  
State Employees

The study discusses the legal problem of immunities that affected the criminal responsibility of individuals in the Omani judiciary. Undoubtedly, this is due to a legislative shortcoming on the one hand and a misunderstanding on the other hand of the provisions of immunity, which contributed to its exploitation, abuse and invocation as a vehicle for the commission of personal crimes, as well as On the problems arising originally from deciding the immunity of certain categories of state employees, which led to their conflicting interests with the interests of the victim, and their impunity. Therefore, the researcher will explain the aspects of the Omani legislator’s treatment of immunity and the texts it decided starting from the basic system of the state issued by decree Royal Decree No. (101/96) and repealed with the issuance of the statute in force under Royal Decree No. (6/2021), then other laws, regulations and decisions implementing them, dealing with the concept of immunity, its types, legal nature and basis, and the problems arising from it. By extrapolating the provisions of immunity in Omani legislation and its applications, it became clear to the researcher that there are some shortcomings in its organization, which contributed to its misunderstanding and exploitation and sharpened the idea of ​​immunity for what it was decided for, as well as the existence of practical problems of immunity that affected criminal responsibility, on a shift that calls for reconsideration and the categories that decided Despite the legislator’s intervention by Royal Decree No. (3/2014) regarding defining the concept of immunity and the scope of its application, the need is still urgent to find a more accurate regulation and more precise provisions clarifying the issue of immunity, in addition to the necessity of restricting its use without the current uses.

The Uganda Constitution, April 1966

1966 ◽  
Vol 10 (2) ◽  
pp. 112-117 ◽  
Author(s):  
H. F. Morris
Keyword(s):  
The Other ◽  
Federal State ◽  
Original Form ◽  
Conflicting Interests ◽  
The One ◽  
Political Understanding

Uganda's Independence Constitution, which came into force on October 9th, 1962, was the culmination of long negotiation in an attempt to reconcile the conflicting interests of Buganda, the western kingdoms and Busoga on the one hand, and the rest of the country on the other, and the result was a delicate compromise between a unitary and a federal state—the fruit of a political understanding between the Uganda Peoples Congress and the Buganda traditionalists. As in the following years rifts first appeared and then steadily widened in the alliance between the Uganda Peoples Congress and the Kabaka Yekka—between radical and traditionalist— the survival of the Constitution in its original form appeared more and more doubtful. In fact, however, the Constitution survived for over three years with only three amending Acts, the first and most important of these making provision for the substitution of a President for a Governor-General in October, 1963.

scholarly journals A Determinist's Perspective of Criminal Responsibility

1969 ◽  
pp. 376
Author(s):  
M. V. Julian
Keyword(s):  
Free Will ◽  
Human Behavior ◽  
Historical Development ◽  
Criminal Responsibility ◽  
The Other ◽  
Philosophical Analysis ◽  
Scientific Model ◽  
Scientific Thought ◽  
Prediction Test ◽  
The One

The ageless conflict between the antithetical theories that free will on the one hand and determinism on the other is the key to understanding human behavior forms the substance of this philosophical analysis of criminal responsibility. The writer traces the historical development of criminology against the background of modern scientific thought to develop a model based on the principle that human behavior is the product of an interaction between personality and environment. Such a model combines elements of both predictability and uncertainty. His "prediction" test for criminality satisfies with simplicity the requirement that a scientific model be consistent with observation. Through its simplicity and credibility, the theory invites a fresh and challenging approach to the problem of determining criminal responsibility.

La cessation des fonctions des membres de la Cour constitutionnelle en droit congolais : modalités et effets juridiques

2021 ◽  
Vol 54 (1) ◽  
pp. 78-97
Author(s):  
Dieu-Merci Ngusu Masuta
Keyword(s):  
Theoretical Analysis ◽  
Detailed Analysis ◽  
Constitutional Law ◽  
The Other ◽  
Constitutional Court ◽  
Other Hand ◽  
Legal Nature ◽  
The Law ◽  
The Republic ◽  
The One

This article provides a study of the modalities and legal effects of the termination of the functions of members of the Congolese Constitutional Court. It offers a detailed analysis based mainly on the relevant provisions of Ordinance No. 16/070 of August 22, 2016 on the special status of members of the Constitutional Court. This Ordinance was adopted in application of the Congolese Constitution of February 18, 2006 in conjunction with organic-law No. 13/026 of October 15, 2013 on the organization and functioning of the Constitutional Court. Distinguishing on the one hand the normal cause of cessation of functions - the expiry of the mandate - and on the other hand the so-called exceptional causes - the resignation, dismissal and death of a member -, the study shows that the enumeration thus retained from the ordinance is incomplete with regard to the above-mentioned organic law. Thus, the list must be supplemented with the "nullity of the appointment" of a member in accordance with articles 2 and 3 of that organic law. The law is silent, however, on the issue of the voluntary retirement of members, although the implementation of this right inevitably has an impact on the end of their functions. The study therefore continues by an examination of both the general and the specific legal effects of these different modalities of ending the functions of a member of the Constitutional Court. Finally, in order to support and complete this essentially theoretical analysis, the article also looks at the question that remains most topical in Congolese constitutional law, namely the legal nature of the 'power' of the President of the Republic to appoint members of the Constitutional Court to other Courts or functions during their term of office. It concludes that such a power is not justified in the current framework of Congolese constitutional law. Indeed, it is inconceivable that such appointments should be imposed on the Constitutional Court members, their acceptance being the only exception to the principle of irremovability that governs them. Such a case should be considered one of voluntary resignation and a subsitute member should therefore only be appointed after this situation has been ascertained and established by the Constitutional Court.

Art Law & Balances. Increased Protection of Cultural Heritage Law vs. Private Ownership: Towards Clash or Balance?

2015 ◽  
Vol 22 (2-3) ◽  
pp. 259-278 ◽  
Author(s):  
Marie-Sophie de Clippele ◽  
Lucie Lambrecht
Keyword(s):  
Cultural Heritage ◽  
The Other ◽  
Protective Measure ◽  
Private Ownership ◽  
New Model ◽  
Heritage Protection ◽  
Conflicting Interests ◽  
The One ◽  
Fair Balance ◽  
Protection Of Cultural Heritage

Abstract:Private ownership and cultural heritage protection are two interests in continuing tension. The traditional conception of property right is based on an absolute individual right to the peaceful enjoyment of possessions. However, interference in this right may restrict its exercise and impose charges on the owner, such as classification measures and conservation easements. This paper formulates a hypothesis about an increased protection of cultural heritage along with that of private ownership.Against the background of a complex constitutional allocation of cultural powers, Belgian law provides a pertinent illustration of this development. At the one hand, Belgian governments have been adopting more extensive legislation protecting cultural heritage. On the other hand, Belgian courts, traditionally reluctant to recognize any compensation right when the protective measure only restricts the ownership, gradually appear to undertake a more thorough analysis of the fair balance between the conflicting interests, notably in favor of the owner.The authors gauge the merits of a new model of cultural heritage protection.

THE CONCEPT AND LEGAL ESSENCE OF THE CONTRACT FOR THE PROVISION OF LEGAL SERVICES: THEORETICAL AND LEGAL, LEGISLATIVE AND LAW ENFORCEMENT ASPECTS

2018 ◽  
pp. 38-47
Author(s):  
Anna Nikolayevna Klimova
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
The Other ◽  
Legal Services ◽  
Effective Mechanism ◽  
Legal Nature ◽  
Civil Science ◽  
Basic Approaches ◽  
The One ◽  
The Relationship

The relevance of the topic is due to the relevance of the contract on the provision of legal services in the modern civil turnover, on the one hand, and the lack of common approaches to understanding the legal essence of the said contract in the doctrine of civil law – on the other. The study deals with the problem of defining the concept of a contract for the provision of legal services. Analyzed number of definitions proposed by modern representatives of civil science. It is concluded that the legal nature of the contract for the provision of legal services is ambiguous. It considers the basic approaches to its understanding and qualifications as the agreement of chargeable rendering of services agency contract, mixed contract, etc. In a particular situation, the choice of contractual design, as a rule, is due to a set of services, actual and legal actions, dictated by the goal that the parties to the relationship seek to achieve. The versatile design of the agreement of paid rendering of services and the effective mechanism of protection of the rights of the applicant, as the weaknesses of the commitments were the main reasons are the most widespread of the agreement in practice. However, it is concluded that the restriction of contractual forms of legal services only by the specified design is unacceptable, since it can lead to a wrong understanding of the legal nature of the relations in question and difficulties in practice associated with the conclusion and execution of contracts.

Serial commitments clearance in Rastin Banking

2015 ◽  
Vol 57 (6) ◽  
pp. 600-609
Author(s):  
Bijan Bidabad
Keyword(s):  
Design Methodology ◽  
The Other ◽  
Registration System ◽  
Content Type ◽  
Legal Problems ◽  
Serial Chain ◽  
Mortgage Securitization ◽  
The One ◽  
Practical Implications ◽  
Laws And Regulations

Purpose – This paper aims to propose a system for settlement of obligations of those who, on the one hand, serially owe someone and, on the other hand, are creditors to other persons. Serial Commitments Clearance (SCC) system provides the necessary arrangements for this purpose. Design/methodology/approach – Theoretical discussions of serial chain of debits and credits were conducted by considering the laws and regulations of commitment clearance. Findings – By considering laws and regulations of commitment clearance and introducing theory of serial chain of debits and credits, this system proposes an algorithm for recognition of serial commitments. Research limitations/implications – This process is set in connection to the Collateral Registration System and Mortgage Securitization System in Rastin Banking, while considering the legal and operational problems. Accordingly, banks, notary offices and other authorized authorities can clear serial obligations of persons due to their requests and agreements and release their collaterals and guarantees as far as the debts of the persons are equivalent. Practical implications – This system will cause financial release and efficiency of many economic firms. In addition, banks will gain commission for rendering this service. Social implications – SCC is a model that can be used in all countries, especially those which have more uncertainties and traders need more pledges for their transactions. Originality/value – This study fulfils an identified need to solve practical legal problems in vindication of rights.

Liberty, Community, and Corrective Justice

1988 ◽  
Vol 1 (1) ◽  
pp. 3-17 ◽  
Author(s):  
Ernest J. Weinrib
Keyword(s):  
Well Being ◽  
Philosophical Problem ◽  
The Other ◽  
Corrective Justice ◽  
Legal Problem ◽  
Liberal Conception ◽  
Political Relations ◽  
The One ◽  
Vantage Points ◽  
Historical Function

In a well-known article, Duncan Kennedy has stated that the central problem for law is its treatment of the fundamental contradiction of our condition. On the one hand we are dependent on others for protection against destruction and for the fullest realization of our sense of ourselves; on the other hand we recognize in others a threat to our own well-being. Kennedy regarded the dilemma “that relations with others are both necessary to and incompatible with our freedom” as the essence of every legal problem, and he ascribed to the liberal conception of law the historical function of dressing up as rational or natural the structures of bondage that emerged as its particular resolutions. Kennedy’s contradiction invokes the recurrent tension between the notions of liberty and community that supply traditional vantage points for the analysis of social and political relations. The reconciliation of these notions poses an enduring philosophical problem, and one need not agree with Kennedy’s unflattering assessment of the law’s function to realize that it is a problem in which law too has been centrally implicated.

scholarly journals Carl Schmitt's Fear: Nomos – Norm – Network

2010 ◽  
Vol 23 (4) ◽  
pp. 741-757 ◽  
Author(s):  
INO AUGSBERG
Keyword(s):  
Twentieth Century ◽  
Legal System ◽  
Legal Discourse ◽  
First Century ◽  
The Other ◽  
Carl Schmitt ◽  
Legal Problems ◽  
Twenty First Century ◽  
The One

AbstractCarl Schmitt is still astonishingly present in the legal discourse. Yet instead of indulging in the study of his explicit ‘lesson’ and its possible impact on contemporary legal problems, it might be worthwhile to survey the primary cause of his greatest fear. Following this perspective, the article analyses Schmitt's concept of the nomos, distinguishing it from the traditional normativist approach on the one hand and confronting it with a more recent understanding of law in terms of the network conception on the other. Thus Schmitt's view of the developing legal system in the twentieth century proves to be relevant to our current efforts to grasp newly emerging legal phenomena in the twenty-first century.

scholarly journals On the Appropriateness of the Use of the Term “Inducement” in Article 2301 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 18 (4) ◽  
pp. 433-444
Author(s):  
A. V. Syntin
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Medical Personnel ◽  
Criminal Code ◽  
The Other ◽  
Long Time ◽  
The Russian Federation ◽  
The One ◽  
Definition Of ◽  
Criminal Legislation

The problem of prohibited substances (methods) abuse in sport has existed for quite a long time. On the one hand, by criminalizing certain anti-doping rules violations, legislation expanded the liability limits of coaches, sports medical personnel, and of other specialists in the field of sports, which can be regarded positively. On the other hand, it made certain mistakes which impeded the effectiveness of these laws enforcement. Among other things, there is a problem with definition of the term “inducement”. The term itself is defined in the note to article 2301 of the Russian Federation Criminal Code, but there is a controversy in demarcation of inducement. methods. While deception, the use of violence and instructions as inducement methods are socially dangerous at substantial level and can be regarded as methods of committing the crime, the provision of information or the prohibited substances themselves (means of using methods) cannot be regarded as methods of committing the crime. Such a definition of inducement means also leads to contradictions with the corpus delicti under Article 2302 of the Russian Federation Criminal Code. In addition, there are also different interpretations regarding the methods of inducement, coercion, involvement in the other corpus delicti, which, all together with the lack of a unified interpretation of the terms affects the possibility of bringing the guilty persons, especially coaches, sports medical personnel and other specialists in the field of sports, to criminal responsibility. The survey conducted among lawyers also has revealed difficulties in distinguishing these terms in practice. Based on the criminal legislation analysis, the author comes to the conclusion that the amendments in the Russian Federation Criminal Code are necessary.

scholarly journals Algunos problemas jurídicos relativos al caso de los atentados del 11 de marzo de 2004 en Madrid

2017 ◽  
pp. 37
Author(s):  
Agata Serranò
Keyword(s):  
The Other ◽  
Terrorist Group ◽  
Legal Systems ◽  
Complicated Structure ◽  
Legal Problems ◽  
Other Hand ◽  
The One ◽  
The Way

<p>This article intends to analyse some of the legal problems that led to the acquittal of <em>Rabei Osman El Sayed Ahmed, </em>alias <em>Mohamed El Egipcio, </em>charged with the crime of belonging to and/or being a member of a terrorist organisation and an abettor of the attacks in Madrid on the 11th of March. Via the examination of his acquittal we will highlight, on the one hand the way the complicated structure of the network of a Jihadist terrorist group can hinder the reconstruction of facts as well as the pinpointing of those who physically carried out the criminal attacks and/or the «mastermind» behind them within the framework of these kinds of organisations. On the other hand we will underline the urgent need for addressing some of the loopholes detected in the national as well as European legal systems in order to ensure the effective <em>punishability </em>of the culprits of terrorist crimes, and in particular those of a Jihadist nature.</p><p><strong>Published online</strong>: 11 December 2017</p>

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