Subjective Rights and Obligations Fulfilling the Content of the specific Legal Relationship Related to the Work of Prisoners

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Yordan Yordanov ◽  
◽  
◽  

The article examines the work of persons sentenced to imprisonment in the Republic of Bulgaria who perform community service. The emphasis in the exhibition is the subjective rights and obligations of the participants in the emerging legal relationship in view of the specifics of the work performed, which are incompatible with the legal sphere of free citizens participating in the employment relationship.

2021 ◽  
Vol 67 (06) ◽  
pp. 85-90
Author(s):  
Aytac İlham qızı Cəfərova ◽  

The article examines the concept and basis of responsibility in international sea freight. The relations arising in international cargo transportation by sea have a direct impact on the subject area of the institution of responsibility in this area. First of all (prima facie), the carrier and the consignor have mutual rights and obligations. However, the legal relationship between the consignee and the consignor also affects the legal relationship with the carrier, and the carrier acts as the main subject of the relevant liability. Accompanying the guilty and innocent carrier in international cargo transportation by sea is the responsibility. In both cases, the legislation of the Republic of Azerbaijan contains appropriate forms of liability. However, there is a need in the legislation of the Republic of Azerbaijan to bring absolute or objective responsibility in line with international law. In particular, the liability provisions of the legislation on sea freight must include an "institution of liability", formed in accordance with the "immunity catalog" or "exclusion catalog". In this case, the carrier is absolutely responsible for everything that does not belong to the "immunity catalog", and the problem of liability for guilt is not the subject of discussion. Key words: conosament, liability, international carriage, carriage of goods by sea, Hamburg rules, legislation, conventions norms, Rotterdam Rules, law


Author(s):  
Aleksandr Žemčiugov

The meaning of the Constitution is significant in our society life given it is the supreme law of the country, regulating the most important relations between the Human Being, the Society and the State. This can be define as an agreement of the society, coordinating different interests. Therefore, in the article, the significance of the Constitution of the Republic of Lithuania as well as its peculiarities are analysed. The peculiarities of the Constitution revealed through its mandatory nature for all the entities of the legal relationship, through its stability, the supreme legal power, consistency, consolidation of the fundamental values, etc.


2021 ◽  
Vol 1 (2) ◽  
pp. 62-65
Author(s):  
Budi Astuti ◽  
Nensi Yuniarti.Zs ◽  
Ahmad Sumarlan ◽  
Rina Yuniarti ◽  
Dwi Okta Nurkhofifah

The Women's Cooperative "Arwana" which is a legal entity No.: 99/BH/DK PPKM/KEP/IX.4/2008 is a savings and loan cooperative having its address at Jl. Wren Rt. 17/Rw.06 Cempaka Permai Village, Gading Cempaka District, Bengkulu City. This cooperative was established by notarial deed SK. Minister of Law and Human Rights of the Republic of Indonesia Number: C-226.HT.03.01. July 5, 2006 and started operating in 2008. In 2019 this cooperative began to turn into a sharia-based cooperative. This community service activity aims to provide understanding assistance to administrators and members in terms of management as an effort towards better management from conventional to Sharia. So it is hoped that later the management and members of the cooperative in carrying out their duties and responsibilities in accordance with the principles and rules of management can become a financing system in accordance with the sharia concept. This community service is carried out with lectures on the principles of cooperative management. The output of this community service activity is that the management and members of the cooperative, especially in the savings and loan business, are able to know and understand and implement financing business activities with a management system according to SAK ETAP as a step towards developing a financing business that is still using the conventional system to be more ready to use the system. Sharia. The output of this community service is in the form of a scientific journal that will be published.


2020 ◽  
Vol 59 (89) ◽  
pp. 285-301
Author(s):  
Slobodanka Kovačević-Perić

Establishing an employment relationship involves acquiring or assuming certain rights, duties and responsibilities for both parties in the employment relationship, in accordance with the law, the collective agreement, the employer's general administrative acts, and the employment contract. An employment relationship involves not only the parties' rights and duties but also their responsibility. Responsibility can be of legal and non-legal nature. Legal responsibility (liability) is of greater importance for the employees. On the whole, legal responsibility may be disciplinary, material, administrative (for misdemeanors), economic (for economic offenses) and criminal in nature. The subject matter of labour law includes only disciplinary and material liability of the employee, while other types of legal responsibility are the subject matter of other legal disciplines. Although the former labour legislation of the Republic of Serbia regulated the disciplinary liability of the employees in detail, such practice has been completely abandoned in the new Labour Act, which only regulates the summary dismissal procedure. Unlike the Labour Act, the Civil Servants Act contains numerous provisions on the disciplinary and material liability of civil servants. This Act also regulates procedural issues regarding the rules for initiating and conducting a disciplinary proceeding, entering disciplinary sanctions in or removing them from the personnel files, etc. In this paper, the author analyzes disciplinary liability by examining the specifics of substantive and procedural norms for establishing this form of liability in the general and special employment relations regime. From the aspect of the rule of law, the author provides a critical analysis of such legislative solutions and considers their legal justification.


2018 ◽  
pp. 89-105
Author(s):  
Nenad Tešić

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.


2021 ◽  
Vol 9 (10) ◽  
pp. 252-260
Author(s):  
Eko Iswahyudi ◽  
◽  
I. Nyoman Nurjaya ◽  
Nurini Aprilianda ◽  
Bambang Sugiri ◽  
...  

In the Act No. 11 of 2012 about the Juvenile Criminal Justice System, it explains the age limit for juvenile criminal responsibility for those who commit criminal acts, as regulated in Article 1 point 3. The children between 12 (twelve) years old and 18 (eighteen) years old are suspected of committing a crime. The purpose of this study was to analyze the construction of the regulation of children under the age of 12 in the Constitution of the Republic of Indonesia Number 11 of 2021 on the Juvenile Criminal Justice System. This type of normative legal research uses a statute approach and a case approach through a literature study. The results of the research on the Construction of Regulations for Children under the Age of 12 in Act Number 11 of 2021 concerning the Juvenile Criminal Justice System as Children in Conflict with the Law. There is a need for additional rules or amendments to the provisions of criminal sanctions for children, where criminal sanctions will be given to children aged at least 10 years, where these rules consist of basic criminal sanctions, such as community service or supervision, job training, coaching in institutions. This sanction is carried out by considering the rights of children as perpetrators, children as victims and children as witnesses who are underage, without eliminating the implementation of applicable legal obligations.


2021 ◽  
Vol 21 (1) ◽  
pp. 29-34
Author(s):  
Setiawati ◽  
R. Dede Siswandi ◽  
Abdul Chaidir Marasabessy

This study aims to reveal the application of Pancasila values ​​in Family Empowerment and Welfare activities in Kuripan village. This study uses a qualitative method using a descriptive analysis approach. Data was collected through observation, interviews, and document studies. The conclusion of the research, 1) Precept I, that is, every activity and daily life is used to say greetings, beginning, and ending with prayer. Always work together in work groups, carry out worship together for Muslims. The basic principle is to respect the celebration of holidays for people of different religions. 2) Sila II, is an attitude of mutual cooperation, and there is no coercion for members 3) Sila III, which means doing community service, celebrating the independence day of the Republic of Indonesia, likes to wear batik 4) Sila IV, which means prioritizing freedom to express common interests, and everything is resolved through deliberation, and 5) Precept V, Do not separate seats, the application of a frugal lifestyle is supported by a socialization program about the importance of frugal living. The implementation of Pancasila values ​​in PKK activities in Kuripan Village is a subjective and objective implementation of Pancasila, because all activities carried out in PKK activities reflect the implementation of Pancasila values. Abstrak Penelitian ini bertujuan untuk mengungkapkan penerapan nilai-nilai yang terkandung dalam Pancasila yang tercermin pada kegiatan Pemberdayaan dan Kesejahteraan Keluarga di Desa Kuripan. Penelitian ini menggunakan metode kualitatif. Pendekatan penelitian yang digunakan ialah  dengan analisis deskriptif. Untuk mengumpulkan data dilakukan dengan melakukan pengamatan, wawancara, dan studi dokumen. Kesimpulan hasil penelitian, 1) Sila I, dalam setiap kegiatan dan kehidupan sehari-hari digunakan untuk mengucapkan salam, diawali dan diakhiri dengan doa. Selalu bekerja sama dalam kelompok kerja, menjalankan ibadah bersama bagi yang muslim. Prinsip dasarnya adalah menghargai perayaan hari raya bagi umat yang berbeda agama. 2) Sila II, adalah sikap gotong royong, dan tidak ada paksaan untuk anggota 3) Sila III, yang berarti melakukan pengabdian kepada masyarakat, merayakan hari kemerdekaan Republik Indonesia, suka memakai batik 4) Sila IV, yang berarti mengutamakan kebebasan menyatakan kepentingan bersama, dan segala sesuatunya diselesaikan melalui musyawarah, dan 5) Sila V, tidak memisahkan tempat duduk, penerapan pola hidup hemat didukung oleh program sosialisasi tentang pentingnya tidak boros.


DEVOSI ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 13-17
Author(s):  
Purnama Putra ◽  
Nurul Huda ◽  
Hasan Basri ◽  
M. Harun Alrasyid ◽  
Anna Sardiana ◽  
...  

  The existence of pesantren in the midst of society has a very strategic meaning. Pesantren institutions that are rooted in the community, especially rural communities, are a separate force in arousing the enthusiasm and passion of the community for progress. One of the pesantren that has a long history of the Republic of Indonesia is pesantren Cijati Majalengka. Darul Falah Islamic Boarding School, Cijati. The Community Empowerment Program in Islamic Boarding Schools in terms of economic, social, psychological-counseling, religion, education and other aspects through community service cooperation between universities and partners is expected to provide optimal empowerment for the pesantren environment and the communities around the pesantren area. This service was carried out at the Darul Falah Islamic Boarding School which is located at Jl. K.H Mahfud No. 23 Kelurahan Cijati Kec / Kab. Majalengka with in-house training methods, in the form of socialization, training, and consultation. The conclusion of the community service carried out is the need for a holistic empowerment synergy to increase the potential of the pesantren.


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 545-561
Author(s):  
Anna Rogacka-Łukasik

All employment relationships, including strictly employment relationships, may be related to the legal areas of two or more countries, which raises the question of the law applicable to a specific legal relationship. The Rome I Regulation has a key importance in determining the applicable law to which the employment relationship is to be subjected. In this respect, the decree of Art. 8 of the Regulation has a fundamental importance, which was analyzed in the first part of this publication. However, the mechanism according to which the lex labori will be corrected by the provisions forcing their application, the issues of which are presented later in the publication, should be distinguished from the scheme presented in the above-mentioned regulation. According to the EU legislator, one of the matters of employment relationships regulated by such provisions is the standardization of the terms and conditions of employment of employees posted to perform work in the territory of a European Union Member State. Answers to the question whether it is appropriate to assign a nature of the rules enforcing its application provisions to this regulation (concerning the terms and conditions of employment of posted workers) has been made at the end of this publication.


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