scholarly journals Separate aspects of the prosecutor's preparation for presentation of the state accusations in the court

2021 ◽  
pp. 148-156
Author(s):  
Gheorghii Sult ◽  
Keyword(s):  
The State ◽  
Criminal Case ◽  
Criminal Courts ◽  
Comprehensive Planning ◽  
Public Prosecution ◽  
The Public ◽  
Judicial Practice ◽  
Specific Category ◽  
Preliminary Preparation ◽  
The Republic

The article examines aspects of preparation for the presentation prosecutor’s of public prosecution in criminal courts in the Republic of Moldova. The analysis of the preliminary preparation for the presentation of the public prosecution in the courts is given. Study of the materials of the criminal case, regulatory legal acts, development of a preliminary position on a criminal case, development of a plan for participation in the trial, elements of the preparation of the prosecutor for the effective support of the public prosecution. The prosecutor’s analysis of the materials of the criminal case as the basis for high-quality support of the state prosecution. Forecasting possible situations at the stage of pre-trial preparation, the use of certain tactical techniques for studying the case materials; study of normative materials and judicial practice in relation to a specific category of cases; generalization and analysis of the materials of the criminal case; forecasting various situations that may arise during the court session; a set of tactics used to solve them; build versions of the prosecution; comprehensive planning of activities to maintain public prosecution. To adequately perceive what is happening in the trial, to competently and timely respond to the behavior of the participants in the process, to investigate and collect evidence that incriminates the defendant in the commission of a crime.

scholarly journals Eksistensi Lembaga Kejaksaan Sebagai Pengacara Negara Dalam Penegakan Hukum di Bidang Perdata dan Tata Usaha Negara (Suatu Penelitian pada Kejaksaan Tinggi Aceh)

2017 ◽  
Vol 1 (2) ◽  
pp. 163-182
Author(s):  
Agus Kelana Putra ◽  
Faisal A. Rani ◽  
Mahdi Syahbandir
Keyword(s):  
The State ◽  
Administrative State ◽  
Public Prosecution ◽  
The Public ◽  
The Republic ◽  
The Government

Pasal 30 ayat (2) Undang-Undang Nomor Tahun 2004 tentang Kejaksaan Republik Indonesia ditentukan bahwa di bidang perdata dan tata usaha negara, “kejaksaan dengan kuasa khusus dapat bertindak baik di dalam maupun di luar pengadilan untuk dan atas nama negara atau pemerintah”. Kejaksaan dalam hal ini dapat menjalankan  tugas dan wewenang di bidang perdata dan tata  usaha negara sebagai jaksa pengacara negara (JPN) guna menjaga kewibawaan pemerintah. Namun dalam pelaksanaannya adanya jaksa pengacara negara ini, belum sepenuhnya dimanfaatkan oleh lembaga pemerintah, (BUMN) dan (BUMD) guna membela kepentingannya dalam perkara perdata dan tata usaha negara. Hasil penelitian menunjukkan bahwa  alasan badan/instansi pemerintah tidak memberikan kuasa khusus kepada lembaga kejaksaan dalam penanganan perkara perdata dan tata usaha negara disebabkan karena ketentuan penggunaan jasa dari pengacara negara ini masih bersifat menganjurkan belum dilakukan penerapan ketentuan sanksi serta masih kurangnya kepercayaan kepada lembaga kejaksaan. Kondisi ini selanjutnya berakibat tidak terlaksananya ketentuan mengenai tugas dan fungsi jaksa pengacara negara dan berpengaruh pada nama baik dan wibawa pemerintah serta mengurangi minat Jaksa Pengacara Negara dalam penyelesaian perkara datun. Konsekwensi hukum terhadap badan/instansi pemerintah yang tidak memberikan kuasa khusus kepada lembaga kejaksaan dalam penanganan perkara perdata dan tata usaha negara tidak ada sama sekali karena tidak ada satupun ketentuan sanksi yang mengaturnya. Terhadap badan/instansi pemerintah tersebut tidak patuh pada ketentuan yang berlaku dan apabila menggunakan jasa pengacara atau advokad hanya berpengaruh pada anggaran yang digunakan untuk membiayai suatu perkara yang berkaitan dengan bidang perdata dan tata usaha negara serta nama baik dan wibawa pemerintah. Article 30 (2) of the Act Number 16, 2004 regarding the Public Prosecution Office of the Republic of Indonesia states that in the field of civil and administrative state, the prosecution oofice by a special mandate that might act either inside or outside a court for and in the name of the government”. The prosecution office might run its duties and functions in the field of civil and administrative states as the state attorney in terms of keeping the honour of the government. However, in its implementation there are prosecutors who are not fully used by the government istitutions, State’s Owned Companies, Regional Owned Companies in order to defend those interes in the civil and administrative satates. The research shows that the reasons of government isntitutions for not providing special mandate for the prosecution office in handling civil and administrative state cases caused by lack of trust to the institutions of the prosecution office. The condition is then resulting in lacking the interest of the state attorney hence it is not optimal in settling civil and administrative state cases, the perception that the attorney is lack of capacity, and the cases are not relevant to other fileds andthe function and duties of the Attorney has not been eminentamongsstakeholders and community generally. There is no consequences of law towards institutions of government that are not providing mandate to the prosecution office in handling the civiland administrative state cases as there is no legislation on sanction regulting it. Towards institutions of the government that are not obeying the existing rules and if using the state attorney or satate’s lawyer is only depending on budget that is not used to fund a case relevant to civil and administrative state and honourand the government pride.

scholarly journals Sharia Hisba and public lawsuit: An original study comparing Sharia and Libyan law

2021 ◽  
Vol 10 (1) ◽  
pp. 150
Author(s):  
Salem Salem Juber ◽  
Muhammad Awad Saker
Keyword(s):  
Original Study ◽  
The State ◽  
Public Order ◽  
Public Prosecution ◽  
The Public ◽  
Case System ◽  
Institutional System ◽  
The Individual ◽  
The Right ◽  
Coherent Body

The Sharia Hisba is an integrated Islamic system of pillars and construction whose theme is enjoining good and forbidding evil, and aims at stabilizing societies and the supremacy of virtue and high morals in it, and rejecting vice and bad morals from it. The legal public prosecution system is an accusatory system that seeks to safeguard the right of the state and the right of the individual to the public order to ensure a society free from apparent crimes, and a regular picture of the state and individuals is formed in a coherent body without chaos. The Hisba system is a symbiotic social system that moves through the community’s control of the community, while the public case system and its tools from the Public Prosecution and other institutions is a deterrent institutional system that moves in the light of the law and deals in accordance with its principles and limits.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

scholarly journals Religion and modernity in a secular city: A public theology of différance

2011 ◽  
Vol 67 (3) ◽  
Author(s):  
Johann-Albrecht Meylahn
Keyword(s):  
Common Good ◽  
The State ◽  
Religious Fundamentalism ◽  
Modern State ◽  
The Public ◽  
Religion And Modernity ◽  
Divine Violence ◽  
The Republic ◽  
Legitimate Violence ◽  
Good And Evil

Seeking the good often authorises and legitimises certain forms of violence: violence that defines the state (Benjamin’s law-founding violence) by the exclusion of others and the violence that coerces or binds (religare) the public into a common understanding of the good at the exclusion of other interpretations of that good (Benjamin’s law-maintaining violence). The secular modern state has never been without religion functioning as religare. The modern state, often seen as a peacemaker, is founded on these two forms of ‘legitimate’ violence against what is other or different, just as the peace, prosperity and good of the state is sought through the elimination of the different and a unification of the state under the banner of a ‘common’ good. This ‘legitimate’ violence will always produce the counter-violence of difference (i.e. excluded others) seeking a legitimate place within the common space of the republic (Benjamin’s divine violence). With the rise of religious fundamentalism, institutionalised religion has been allowed to return to the public debate. Is the call for this return one that further sanctions legitimate violence by eating and sharing the fruit of knowledge of good and evil? Is the call the church is hearing one that seeks to clarify and clearly define the good that will bind us (religare) into a stronger and more prosperous and peaceful city – onward Christian soldiers marching as to war? Or is there another calling, one that requires us to be Disciples of Christ – with the Cross of Jesus going on before – entering the space of violence beyond the knowledge of good and evil as peacemakers? In this article, I sought to understand this ‘peacemaking’ space by bringing into dialogue Žižek’s interpretation of Christianity with Derrida’s interpretation of hospitality.

Problems of execution of state (municipal) contracts

2020 ◽  
pp. 88-100
Author(s):  
Tatyana Goryunova
Keyword(s):  
The State ◽  
Negative Consequences ◽  
The Public ◽  
Existing Problems ◽  
Judicial Practice ◽  
Municipal Authority ◽  
Balance Of Interests ◽  
Research Task ◽  
Contractual Relations ◽  
Private Entrepreneur

The state (municipal) contract includes a balance of interests of the public customer and the commercial executor (organization, private entrepreneur, individual). The execution of a state (municipal) contract is understood as the proper execution by both parties of their obligations. It is very difficult to observe the principle of equality of the parties in these contractual relations, given the advantages of the customer as a representative of the state (municipal) authority. We analyze the problem of execution of state (municipal) contracts. The main objective of the study is to systematize the main problems faced by the parties in the execution of state (municipal) contracts, to propose solutions to the existing problems. We denote risks in the execution of state (municipal) contracts by the parties. We analyze the problems of ensuring the execution of state (municipal) contracts, from the stage of obtaining a bank guarantee to applying for a claim on it, using the example of judicial practice. Special attention is paid to the grounds for recognition of the state (municipal) contracts null and void. As a research task, we define an attempt to assess the negative consequences for the executor of a state (municipal) contract if the state (municipal) contract is recognized as null and void. Based on the analyzed problems of the execution of state (municipal) contracts, we propose a model for minimizing the negative consequences for the parties.

scholarly journals Digitization of sale of the confiscated customs goods in customs service of the Republic of Serbia

2020 ◽  
Vol 17 (2) ◽  
pp. 165-178
Author(s):  
Đurica Nikolić ◽  
Radmilo Jović
Keyword(s):  
Data Processing ◽  
The State ◽  
Lower Price ◽  
Electronic Data Processing ◽  
The Internet ◽  
Electronic Data ◽  
The Public ◽  
The Republic ◽  
Internet Development ◽  
Starting Price

The confiscated customs goods and the goods that were taken out for the benefit of the state are sold by the customs offices in accordance with the Customs Law and the Decree on customs clearance of goods. The manner of sale of customs goods by the customs offices has not changed for decades and is done exclusively through public sale, that is, at public bid-dings held in customs offices throughout the Republic of Serbia. Sale of customs goods through auction, i.e. public sales in the customs offices are confronted with certain problems including the following: the lack of training of customs officers to conduct bids, inexperience of customs officers in the way of bid management, the negotiation of the bidders regarding the bidding of goods in order to avoid buying at the first bids and wait for the purchase of goods through a direct contract, where the starting price is significantly lower; the existence of organized groups that by their participation in bids do not allow other participants to take part in public bidding. The problems identified in the public sale of customs goods have resulted in a lower payment of funds into the budget due to the purchase of goods and vehicles at significantly lower price. The sale of the confiscated goods and vehicles that would be organized via the Internet is one of the possibilities that can significantly reduce problems when selling customs goods and vehicles in the era of digitization, Internet development t and electronic data processing. Selling goods via the Internet can contribute to faster and more efficient sale of customs goods and vehicles, generating higher revenues from the sale of the confiscated goods, allowing more bidders to participate in bids, the persons participating in bids are known only to customs authorities, but not to other participants.. At the same time, the sale of goods via the Internet would contribute to the modernization of the customs service as a whole.

scholarly journals WINNING AT ALL COSTS TOO COSTLY S v Rozani; Rozani v Director of Public Prosecutions, Western Cape 2009 1 SACR 540 (C)

Obiter ◽  
2021 ◽  
Vol 31 (3) ◽  
Author(s):  
Suhayfa Bhamjee
Keyword(s):  
Justice System ◽  
The State ◽  
Public Prosecutor ◽  
Western Cape ◽  
Criminal Courts ◽  
The Public ◽  
Pro Bono ◽  
Just Society ◽  
General Standard

The role of the public prosecutor is one to be respected. Members of society expect to enjoy lives free of violence, theft and other criminal violation; in return, they surrender the exercise of “vengeance” and vigilantism to the state. The public prosecutor (inter alia) is entrusted with the duty of ensuring that justice is served in bringing transgressors to book. The public prosecutor thus has the onerous task of ensuring that the rights of victims are served and given a voice, but at the same time doing so in a manner which upholds the basic tenets of a free, fair and just society. The duty and role of the defence attorney (state appointed or otherwise) ismuch the same. He or she is expected also to serve justice by giving his or her client (paying or pro bono) the best service and defence he or she is capable of. Obviously, this does not mean conjuring up or “manifesting” a defence. But he or she must, at the very least, prevent his or her client from pleading guilty to an offence where one was not committed. The recent decision in Rozani (2009 1 SACR 540 (C)) makes it evident that the fulfilment of such goals and ideals is not easy. The legal profession has gained a rather dubious reputation, attracting epithets such as “con-artist”, “shyster”, “opportunist” and “shark”, amongst others. The perception that individuals join the profession only to make a “quick buck” has stuck and the case at hand certainly seems to show this, reflecting not only a callous disregard for justice, but also what is blatant incompetence on the part of both the prosecutor and the defence attorney. Reading the facts of the matter, one wonders about the general standard of lawyers entering the profession – one cannot but marvel at the farcical aspect of the facts in Rozani. The main objective of practitioners within a criminal justice system should not be to win at all costs, but rather to ensure that justice is served. The facts leading up to the review in Rozani reflect the prosecutor’s need to chalk up wins and the defence attorney’s need to meet fee targets at whatever cost. The decision and remarks from the bench form a sobering commentary on the state of the criminal courts and the pursuit of justice in South Africa. While the level of crime in this country bolsters the need to convict criminals, this provides no excuse for disregarding the basic tenets of justice.

scholarly journals Monopoly of State-Owned Enterprise of Social Justice

2017 ◽  
Vol 1 (2) ◽  
pp. 98
Author(s):  
Rory Jeff Akyuwen
Keyword(s):  
The State ◽  
Economic Activities ◽  
High Quality ◽  
The Public ◽  
The People ◽  
Role Of The State ◽  
General Benefit ◽  
The Republic ◽  
The Right

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.

scholarly journals Arbitrability of Procurement Disputes

JURIST ◽  
2021 ◽  
Vol 3 ◽  
pp. 2-6
Author(s):  
Viktor V. Eremin ◽  
Keyword(s):  
Public Procurement ◽  
The State ◽  
Future Research ◽  
Wide Field ◽  
Private Law ◽  
The Public ◽  
Judicial Practice ◽  
Legal Relationship ◽  
Civil Contract

This article discusses the arbitrability of disputes, which in the domestic doctrine referred as procurement disputes. These are disputes from a number of laws related to public procurement and ordering. The article provides a brief analysis of the possibility of referring such disputes to arbitration courts. An obstacle to the consideration of these disputes by arbitration courts is judicial practice, which does not accept the use of the private-law mechanism for resolving disputes in such a publicly significant sphere as procurement for public needs. In addition, the author makes the assumption that the concept of the “public element”, which prevails in domestic judicial practice, makes it difficult to enforce the decisions of the arbitration courts on such disputes, since they inevitably have “public elements”, for example, the presence of budgetary funds in the legal relationship special contracting procedures. This concept is in contradiction with the fact that the state contract is a civil contract and, generally, is arbitrable, like other types of procurement. The further possibility of applying arbitration proceedings in procurement disputes is extremely controversial and leaves a wide field for future research.

Access to Information in the Republic of Macedonia

2019 ◽  
pp. 714-732
Author(s):  
Stojan Slaveski ◽  
Biljana Popovska
Keyword(s):  
Public Information ◽  
Personal Data ◽  
The State ◽  
The Other ◽  
Free Access ◽  
The Public ◽  
Republic Of Macedonia ◽  
The Republic ◽  
The Government ◽  
And Storage

Certain information and personal data, held by the government, needs to be kept secret because its disclosure to the general public could jeopardize the operation of the state. On the other hand, the state should allow the public to have free access to all other state-held information. To ensure a balance between these two claims of modern democratic societies, there is a need to legally regulate this matter. The state should have a law on access to public information and a law that will regulate the classification, access to and storage of information which should be kept secret. This chapter analyzes the global experiences in regulating this matter, with a particular emphasis on the practice in the Republic of Macedonia.

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