Property Sanction under Article 83 of The Law for the Administrative Offences and Sanctions

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Svetla Yankulova ◽  
Keyword(s):  
Detailed Analysis ◽  
Legal Nature ◽  
Penal Liability ◽  
The Subject ◽  
The Law

The subject of this article is the property sanction under article 83 of The Law for the administrative offences and sanctions. The text presents a detailed analysis of the different statements of the legal nature of the property sanction, the function of the institute during passing the law and nowadays. The author states its opinion on this also. The property sanction is compared with the administrative penal liability by the subjects and the grounds for its imposition. The question of the function of the property sanction in The Bulgarian legislation is raised keeping in mind that this sanction nowadays is mainly about paying a certain amount of money and it looks like too much of a fine.

scholarly journals HUNTING RIGHTS IN POLAND

2018 ◽  
Vol 32 (1) ◽  
pp. 63-81
Author(s):  
Witold Daniłowicz
Keyword(s):  
Detailed Analysis ◽  
Legal Issues ◽  
Legal Institution ◽  
Legal Nature ◽  
The Subject ◽  
Polish Law

Although hunting rights constitute the key element of Polish hunting law, so far they have not been subject to detailed analysis in legal writings devoted to the subject. This is most likely due to the fact, that the term itself is not used in the hunting legislation. The article fills this gap. It analyzes the legal nature of hunting rights under Polish law as well as examines legal issues most closely related to this legal institution, namely hunting preserve and hunting lease. Also analyzed is the ownership of game at large, game carcass, hunting trophies and shed antlers.

Pearce & Stevens' Trusts and Equitable Obligations

2018 ◽  
Author(s):  
Robert Pearce ◽  
Warren Barr
Keyword(s):  
Detailed Analysis ◽  
The Subject ◽  
The Law

Pearce & Stevens’ Trusts and Equitable Obligations provides a detailed and contextualized account of the law of equity and trusts. The text gives detailed analysis of all key decisions, statutes, and current academic debates related to the law of equity and trusts, giving a grounding in the subject. This new edition, which includes an additional chapter on the three certainties, brings this subject together coherently, clarifying the discussion of the consequences of uncertainty. The text has been updated with recent cases and developments in the area, including Marr v Collie [2017] on resulting and constructive trusts, Patel v Mirza [2016] on illegality, Prest v Petrodel [2013] on resulting trusts and equitable proprietary remedies, and the Law Commission’s consultation on the making of wills.

The Grounds for Resumption of the Administrative Penal Proceedings in Accordance with art. 70, Letter “E” of the Law for the Administrative Offences and Sanctions

De Jure ◽  
2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Izabela Chakarova-Dimitrova ◽  
◽  
◽  
Keyword(s):  
Detailed Analysis ◽  
Procedure Code ◽  
The Subject ◽  
The Law

The subject of this article is the grounds for resumption of the administrative penal proceedings in accordance with art. 70, letter “e” of the Law for the administrative offences and sanctions. The text presents a detailed analysis of the stipulations of the above stated law. It also compares the new grounds in accordance with art. 70, letter “e” of the Law for the administrative offense and sanctions to the grounds in accordance with art. 70, letter “d”, as well as in the context of the stipulations in Penal Procedure Code and the related provisions. A distinction is drawn between the field of application of the new grounds in accordance with art. 70, letter “e” and the grounds in accordance with art. 70, letter “d”.

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.

On Legal Nature and Classificatory Identity Standards of Law Enforcement Ethics

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Рафаиль Валиев ◽  
Rafail Valiev
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Legal Regulation ◽  
Problem Situation ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Law ◽  
Legal Forms ◽  
Enforcement Activity

Based on the problem situation conditioned by indeterminacy of institutional position of the standards of law enforcement ethics within the mechanism of contemporary law enforcement regulation, the author attempts to analyze the legal nature of the above standards. The study reveals that the legal nature of standards of law enforcement ethics is conditioned by the necessity to protect the identity of citizens and the law enforcement system itself from the negative impact produced by various forms of irregular conduct by subjects of law enforcement. As a result of comparing the standards of law enforcement ethics and the rules of law the author establishes that according to the technical-legal forms of their external expression and other attributes, as well as their regulatory potential, the standards of law enforcement ethics are comparable to the status of the rules of law. The study permits us to conclude that the standards of law enforcement ethics possess the classificatory identity typical of the protective rules of law represented by relations in the field of law enforcement activity. This identity is conditioned by the specificity of the subject of their regulation. The standards of law enforcement ethics are of subsidiary significance as they supplement and develop standards of status laws in matters of legal regulation of the moral aspect of the law enforcement activity.

Specifics of Evidence in a Case on the Recovery of Monetary Amounts Due to Payment of Mandatory Payments and Sanctions Established by Law from Individuals

2021 ◽  
pp. 31-35
Author(s):  
Fedorova T. V. ◽  
Keyword(s):  
Law Enforcement ◽  
Enforcement Officer ◽  
Legal Nature ◽  
The Subject ◽  
Law Enforcement Officer ◽  
The Law

In the article, the author discusses the importance of using methods of proof in an administrative case that has its own legal nature and, thus, differs from civil proof. An algorithm for proving a specific type of administrative case has been developed for the law enforcement officer, which clearly shows both the subject and the limits of proof.

scholarly journals WAREHOUSE STORAGE OF GRAIN CONTRACT: ITS CONCEPT AND SPECIFICS

2020 ◽  
pp. 71-75
Author(s):  
I. Iakubovych
Keyword(s):  
Legal Regulation ◽  
Raw Material ◽  
Grain Storage ◽  
Legal Nature ◽  
Provision Of Services ◽  
Warehouse Storage ◽  
The Subject ◽  
The Law ◽  
Grain Market ◽  
The One

The Law of Ukraine "On Grain and the Grain Market in Ukraine" of 4 July 2002 defines grain as the fruits of cereals, legumes and oilseeds used for food, seed, fodder and technical purposes. Peculiarities of grain as a valuable agricultural raw material determine the peculiarities of its storage, which affects the specifics of legal regulation in this area. The article clarifies the characteristics of a grain storage contract, substantiates the list of its essential conditions, examines the legal nature and features of grain storage documents, identifies shortcomings in the legal regulation and execution of grain storage contracts, and substantiates proposals to eliminate them. It is established that the legal nature of the contract of warehouse storage of grain is manifested in the following: it is a contract for the provision of services; it is a public contract; it is a written contract; it is a bilateral contract; as a rule, it is a retaliatory contract; it is a fixed-term contract; it is a real contract; concluded in a special order; it is a contract of accession. The article proves that the essential terms of the grain storage contract are: the subject matter of the contract (grain storage services with preservation of its quality and prevention of losses above natural); the object of the contract (grain of a certain type, class, quantity, which is defined in the contract of grain storage); the term of the contract (with an indication of a certain period of time or without specifying the one that determines the validity of the contract to the first claim of the pledgor). In order to simplify the circulation of grain storage documents and reduce the level of abuse in the grain market, it is proposed to amend Article 961 of the Civil Code of Ukraine, the Law of Ukraine "On Grain and Grain Market in Ukraine" and the Law of Ukraine "On Certified Warehouses and Simple and Double Warehouse Certificates" in order to provide the legal possibility of issuing warehouse certificates in electronic form. Keywords: a double warehouse certificate; grain; grain storage; a grain storage contract; grain storage documents; a simple warehouse certificate; a warehouse receipt.

scholarly journals PECULIARITIES OF IMPROVEMENT OF NATIONAL LEGISLATION ON ADMINISTRATIVE RESPONSIBILITY

2021 ◽  
pp. 54-60
Author(s):  
O. I. Mykolenko ◽  
О. M. Mykolenko
Keyword(s):  
Criminal Liability ◽  
Tort Law ◽  
Clear Understanding ◽  
National Legislation ◽  
Legal Nature ◽  
The Subject ◽  
The Law ◽  
Radical Revision ◽  
The Right ◽  
Administrative Responsibility

The article reveals the main directions of improving the national legislation on administrative responsibility. It has been established that the current administrative-tort legislation of Ukraine does not meet the needs of today, either in content or in form. Its norms require a radical revision, and the systematization of legislation on administrative responsibility is the only way to improve the work of legal entities empowered to bring individuals to administrative responsibility. The following problems of a theoretical and practical nature that impede the improvement of administrative tort law: 1) lack of a clear understanding of the legal nature of proceedings in cases of administrative offenses; 2) tendencies towards refusal from the synthesis of material and procedural norms in the codified normative legal act on administrative responsibility; 3) duplication in the administrative-tort legislation of ideas, principles and provisions that ensure the effectiveness of criminal liability; 4) artificial limitation in the legislation of the circle of persons to whom administrative penalties can be applied; 5) imperfection of the procedure for bringing a person to administrative responsibility; 6) ineffective and unreasonably extended system of administrative penalties; 7) an imperfect and ineffective system of bodies authorized to bring persons to administrative responsibility. It was argued that administrative responsibility is, in fact, a prompt reaction of the state or other authorized bodies to violations of the law, and therefore “simplified proceedings” should be widely used in addition to “ordinary proceedings”. However, over the years of Ukraine’s independence, “simplified proceedings” have gradually disappeared from the law enforcement activities of administrative and judicial bodies. It is emphasized that the specificity of administrative responsibility lies in the fact that the subject, who has the right to initiate an administrative offense case, is often the subject considering the case on the merits. Therefore, knowledge of the material part of administrative tort law helps such a subject to determine the preliminary qualification of an offense, and knowledge of its procedural part – to consider the case and impose on a person one of the types of administrative penalties. It has been proved that “simplified proceedings” should be the key procedural form of bringing persons to administrative responsibility. It is noted that the codification of administrative tort law is a painstaking and systematic work in which well-known scientists who have been working on the problem of administrative responsibility for many years should participate.

scholarly journals Jakie przepisy procesowe należy stosować w postępowaniu prowadzonym na podstawie art. 33 ust. 6 ustawy Prawo łowieckie

2017 ◽  
Vol 15 (3) ◽  
pp. 77-86
Author(s):  
Miłosz Kościelniak-Marszał
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Criminal Procedure ◽  
Broad Sense ◽  
Civil Action ◽  
Penal Liability ◽  
The Subject ◽  
The Law

Under art. 33 it. 6 of Hunting law cases of different nature are heard before a regional court. It is the subject matter of specific proceedings that is decisive in determining which procedural regulations will apply as the above provision refers to different legal relations. The first one refers to the membership in the Polish Hunting Association, which is granted in a way that allows us to recognize it as a civil law occurrence, and therefore the request before a common court for the protection of the membership may be considered a civil action. The second one is related to disciplinary liability which due to repressive nature of sanctions falls within penal liability in its broad sense. In this case, the proceedings before a common court exercised as a result of making an appeal against the decision ending disciplinary proceedings within the structures of the Polish Hunting Association constitute continuation of the disciplinary procedure. The nature of this liability calls for the court appeal control to be conducted on the basis of the same rules pertaining to the law of criminal procedure, on which disciplinary proceedings within the organization were based, and for the procedure ensuring the defendant as far-reaching proceedings security as possible to be applied.

scholarly journals O PRAWIE I SĄDACH W GUBERNIACH BIAŁORUSKICH W ŚWIETLE AKTÓW WŁADZ ROSYJSKICH Z 1772 ROKU

2016 ◽  
Vol 10 (1) ◽  
pp. 173
Author(s):  
Sławomir Godek
Keyword(s):  
Judicial System ◽  
Law And Courts ◽  
Legal Nature ◽  
Lower Courts ◽  
Judicial Proceedings ◽  
The Subject ◽  
The Law

The Law and Courts in the Belarusian Governorates as they Relate to the Acts of the Russian Authorities of 1772Summary Long before entering into the convention with Austria and Prussia on the partition of the Commonwealth, Catherine II had decided to take action which would lead to the addition in practice of some of the Polish lands to the Empire. The matter of the range of Russian territorial gains and their future organisation was often the subject of discussion during the proceedings of the Soviet pri Vysochayshem Dvorye. In spring 1772 the annexed Polish lands were already to be divided into two governorates – Mogilev and Pskov – headed by governors in the shape of Generals M.V. Kahovski and M.N. Krechetnikov respectively. The entirety of the annexed lands was placed in the care of Governor-General Z.G. Chernyshev. The nomination proclamations issued for the governors on 28th May 1772 were accompanied by the “Nakaz”. This act was of the form of instructions defining the rules for the temporary administration of the annexed provinces, in which an array of detailed questions were dealt with. The document also made reference, albeit fleeting, to issues of a legal nature in the stricter sense. The act abolished torture and severe punishments. The “Nakaz” also maintained the previous courts and judicial proceedings in their previous form, but only in private cases. It excluded crimes infringing citizens’ safety from the courts’ remit, but did not give precise indications on which institutions would take over jurisdiction in these matters. Furthermore, in accordance with the depositions of this act, appeals to lower courts were to be directed to the appropriate – although it did not indicate which – Russian authorities. The previous judicial system and form of court procedure was also confirmed by the proclamation of August 1772 issued for Chernyshev, and also added the “Plakat” to that act. The “Plakat” recommended that courts issue sentences in the name of the emperor.

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