LEGAL ASPECTS OF ORGANIZATION OF SAFE SPIRIT PARTICULAR PARTIES

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 243-253
Author(s):  
ANDRZEJ CICHY
Keyword(s):  
Legal Aspects ◽  
Legal Requirements ◽  
Sports Events ◽  
Whole Process ◽  
The Subject ◽  
The Law ◽  
A Minor ◽  
The Given ◽  
Mass Events

The article describes the legal requirements for the organization of mass sports events, primarily in terms of security. It presents the scope of duties that must be met by the organizer and the requirements concerning his competences, knowledge and experience, as well as the obligations of the participants of the event, that is orders and prohibitions resulting directly from the law on the safety of mass events and regulations of the given facility. The appropriate services were also pointed out, which ensure order and order during such events. In addition, the whole process of staying at the stadium was approximated, i.e. identification of participants, sale of tickets or the issue of entering a match for a minor. The subject of stadium bans was also discussed.

Some Problems in the History of the Law of Nations in Asia (1963)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Relations ◽  
International Law ◽  
Case Law ◽  
Legal Aspects ◽  
State Sovereignty ◽  
Law Of Nations ◽  
The Family ◽  
History Of ◽  
The Subject ◽  
The Law

This chapter considers problems in the study of the history of the law of nations in Asia. It argues that international lawyers have focused their attention on the legal aspects of contemporary problems of international relations and politics, and on the operation of tribunals and quasi-tribunals and the case law they produce. Writers of present day treatises of international law devote just a few introductory pages to the history of the subject and these short chapters are often based on similar introductions in nineteenth-century treatises. The chapter discusses some of the elements of legal change in which European–Asian relations played a significant role; the gradual elimination of the natural law outlook by growing European positivism; the principle of universality of the law of nations and the principle of identity of de facto and de jure State sovereignty; and the use of capitulations to delay the ‘entry’ of Asian States into the family of nations.

scholarly journals Arbitration clause for an arbitral tribunal in Poland based on Art. 33 CMR Convention

2020 ◽  
Vol 17 (4) ◽  
pp. 9-21
Author(s):  
Rafał Adamus
Keyword(s):  
Complex Nature ◽  
Practical Reasons ◽  
Arbitral Tribunal ◽  
Legal Principles ◽  
Arbitration Clause ◽  
Legal Relationship ◽  
The Subject ◽  
Uniform Law ◽  
The Law ◽  
The Given

In matters that are subject to the CMR Convention, under the rule of Art. 33 of this Convention, the arbitration court is obliged, first, to apply the CMR Convention and it is not permissible to apply, in place of the scope of the CMR Convention, another legal order or extra-legal principles. Secondly, as far as it results from the CMR Convention, the arbitration court should apply the applicable national law. Thirdly, the arbitration court settles the dispute according to the law applicable to a given relationship, and when the parties have expressly authorized it – in compliance with general principles of law or principles of equity. Fourthly, the arbitral tribunal takes into consideration the provisions of the contract and the established habits applicable to the given legal relationship. The arbitration agreement regarding the dispute subject to the CMR Convention will therefore be of a complex nature due to the requirement of Art. 33 of the CMR Convention as to the indication that a uniform law applies in arbitration proceedings – the subject of inter-city agreement. The parties should indicate the following in the content of the arbitration clause: 1) obligatory CMR convention, as required by Art. 33 CMR Convention 2) optional national law to which the CMR Convention refers, and in the absence of such an indication, the arbitration court will apply the law applicable to a given legal relationship, and possibly another national law to which the CMR Convention does not refer, although such a solution would be a source of many complications or general legal principles or rules of equity. For practical reasons, it is worth taking into account other issues, such as the language of the proceedings, in the arbitration clause.

scholarly journals State and law: transformation vectors in modern conditions

2021 ◽  
Vol 108 ◽  
pp. 01015
Author(s):  
Nadezhda Stepanovna Nizhnik ◽  
Maksim Viktorovich Bavsun ◽  
Yakub Lomalievich Aliev ◽  
Pavel Aleksandrovich Astafichev ◽  
Anatoliy Sergeevich Kvitchuk
Keyword(s):  
Social Life ◽  
Social Transformation ◽  
Legal Regulation ◽  
The State ◽  
Heated Debate ◽  
The Subject ◽  
The Law ◽  
Transformation Vectors ◽  
The Given ◽  
Transformation Processes

Contemporaneity represents an epoch of qualitative changes in social life, which creates due grounds for different scenarios of development of the state and law. The concern for the prospects of state/legal organisation of the society has placed the problem of transformation of the state and law in the centre of scientific conceptualisation, made it a subject of heated debate and accounted for the creation of annalistic history. The authors of the article take part in the polylogue on the given subject by formulating their position on the future of the cultural phenomena – the state and the law. The philosophical/legal research is based on the recognition of the fact that the global scientific revolution has in fact become a reality, and there are due grounds for the formation of the post-classical legal science. The complexity and multidimensionality of the subject of the research – the prospects of transformation of a nation state and law in the conditions of contemporaneity – required a resort to interdisciplinary methodology. The accomplished research largely relied on the anthropocentric approach that allowed the authors to focus on a human being and its consciousness, considering that the latter has an ability to adapt to the challenges of globalisation and the development of digital technologies. As a result of the research, the authors came to the conclusion that the modern state is transforming and acquiring new characteristics under the powerful influence of globalisation processes. The claims of scholars who presume that the state will wither in the foreseeable stage of human development were subjected to criticism. The authors believe that the state continues to be the core of social organisation and adapts to the challenges and threats of the modern time by acquiring new characteristics. Transformation takes place as well in the sphere of legal regulation. The law is comprehended not just as a set of norms or daily activity of people aimed to realise these norms. The law is realised to construct the reality; at the same time the law as such becomes an object of influence of social transformation processes following which the content, forms, legal systems, as well as the mechanisms of law development and law enforcement, undergo changes. An important component of changes is transformation of the philosophical core of law reflecting the processes of change in the paradigm of values.

scholarly journals Actor of illegal influence on results of official sports competitions

2020 ◽  
Vol 1 (1) ◽  
pp. 233-237
Author(s):  
Dmytro Anisimov
Keyword(s):  
Action Plan ◽  
Criminal Code ◽  
Sports Organizations ◽  
Sports Events ◽  
The Subject ◽  
The Law ◽  
Sports Organization ◽  
The Impact ◽  
Promising Source ◽  
Legal Entities

In the article based on the analysis of the Criminal Code of Ukraine, the Law of Ukraine "On Prevention of the Impact of Corruption Offenses on the Results of Official Sports Competitions" No. 743-VIII of November 03, 2015, the Law of Ukraine "On Amendments to Some Legislative Acts of Ukraine on the Implementation of the Liberalization Action Plan European Union Visa Regime for Ukraine concerning Liability of Legal Entities »No 314-VII of May 23, 2013, the subject of illegal influence on the results of official sports competitions was conducted. Publications in the media are a promising source of information in the detection of crimes in the field of physical culture and sports. The article investigated some of the available crime reports on the Internet, which suggest that the results of official sports events will be unlawfully affected. For the first time, the article proposes to provide for criminal-law measures against legal entities as the responsibility for unlawful influence on the results of official sports competitions. According to the results of the study, it is established that the subject of the crime under Part 1 and Part 2 of Art. 369-3 of the Criminal Code of Ukraine may be a general actor: a natural convicted person who, at the time of committing the crime, was sixteen years of age, and under Part 3 of Art. 369-3 of the Criminal Code of Ukraine – a special actor, namely: athlete - an individual who systematically engages in a certain type (s) of sport recognized in Ukraine and participates in sports events; Personnel of auxiliary sports personnel - any coach, mentor, manager, agent, team worker, team official, medical and other personnel who serve or treat athletes who participate or prepare for sports competitions; sports official - owner, shareholder, manager or employee of a legal entity that organizes and facilitates sports competitions, as well as persons authorized to hold official sports events, executives and employees of an international sports organization, other competent sports organizations that recognize the competition. In order to ensure the unity of terminology, it is proposed to exclude the word "directly" from Part 2 of Art. 6 of the Law of Ukraine “On Preventing the Impact of Corruption Offenses on the Results of Official Sports Competitions”. In a note to Art. 369-3 of the Criminal Code of Ukraine, replace the word "subject" with "subjects", or separate part 3 of Art. 369-3 in a separate article to minimize confusion. Due to the fact that the legal influence on the results of official sports competitions can be made by legal entities, it is proposed to add Art. 369-3 of the Criminal Code of Ukraine to the list of articles for which according to Art. 96-3 of the Criminal Code of Ukraine may apply measures of a criminal nature.

The Local Government Act of 1888: Its Probable Action on the Treatment of Insanity in England

1892 ◽  
Vol 38 (160) ◽  
pp. 45-50 ◽  
Author(s):  
J. A. Campbell
Keyword(s):  
Local Government ◽  
The Other ◽  
Legal Requirements ◽  
The Future ◽  
The Subject ◽  
The Law ◽  
Personal Feeling

In the remarks which I am about to make I wish it clearly to be understood that, as I personally am not an accounting officer under the Act, I have no personal grievance to ventilate. In this asylum, not only I, but the other officials whose duty it is to make returns of an official nature, have always done so honestly, readily, and fully; and speaking not only for myself, but for others, we have formerly made, and hope in the future to make, all such returns in such a way as to comply with legal requirements, not only in the letter but the spirit of the law. And in such remarks as I make on our audit here, I wish to express myself plainly, but, at the same time, without the slightest suspicion of personal feeling to the auditor, who, I believe, acted conscientiously, and according to what he considered was the meaning of the law on the subject. At the same time, I doubt whether an auditor (in whom no legal or other qualifications are a necessity) is the fittest person to have the decision as to what is legal, expedient, and proper in the expenditure of a large county asylum. At present auditors certainly seem to think that their reading of the Lunacy Act should be accepted, no matter what the opinion of the committee and their legal advisers may be; and by surcharging items, they have it in their power to put committees and officials to such trouble that even if expenditure were proper, right, and in the interests both of the sane and insane inhabitants of asylums, yet one would hesitate about it with the knowledge of the correspondence, trouble, and annoyance which it might entail.

scholarly journals accessibility of a law and "ignorantia juris non excusat": formal and legal aspects of legal certainty

2021 ◽  
Vol 7 (2) ◽  
pp. 598-603
Author(s):  
Dzhamilya S. Velieva ◽  
Marina V. Markhgeym ◽  
Mikhail V. Presnyakov
Keyword(s):  
Legal Aspects ◽  
Legal Knowledge ◽  
Legal Certainty ◽  
The Subject ◽  
The Law ◽  
The Way

This article is devoted to the first and most obvious requirement of legal certainty - the accessibility of a law. The subject of this research is the formal accessibility of the text of the law. The objective was to analyze the imperative of accessibility of a law in its relationship with the presumption of legal knowledge, as well as the its remedies. As a result of the study, the authors have concluded that the presumption of legal knowledge (expressed, among other things, by the maxim, ignorance of the law does not exempt from responsibility), as a condition of its existence and action, presupposes compliance with the requirement of accessibility of a law. The nature of the presumption of legal knowledge and the nullity of a legal error has been studied. Particular attention is paid to the way to ensure the accessibility of a law; in particular, the authors outline a number of problems associated with the promulgation and enactment of regulations.

scholarly journals References to Common Law in the Reasons for Judgments by Polish Courts

2020 ◽  
Vol 40 (1) ◽  
pp. 131-161
Author(s):  
Grzegorz Maroń
Keyword(s):  
Comparative Studies ◽  
Common Law ◽  
Law System ◽  
Legal Science ◽  
Qualitative Nature ◽  
The Subject ◽  
The Law ◽  
The Given

The article presents the results of a study of the reasons for rulings of the Polish courts in terms of the presence in them of references to common law. The analysis of the title issue is mainly of a qualitative nature with descriptive, systematic, and explanatory features. The research has focused on determining the functions played by the references to common law in judgments and on recognizing the factors that rule or causally explain the practice of the courts referring to the given law system in their decisions. Some general regularities characterizing the discussed phenomenon have also been shown. Furthermore, quantitative findings on the scale, intensity, and dynamics of the references to common law in the reasons for judgments have been presented. Common law, which until now has been the subject of comparative studies of the Polish legal science, is increasingly drawing attention of the Polish courts as the law-applying bodies.

Law Relating to Children

2018 ◽  
pp. 94-113
Author(s):  
V.C. Govindaraj
Keyword(s):  
Foreign Country ◽  
Habitual Residence ◽  
Guardian Angel ◽  
Parens Patriae ◽  
Putative Father ◽  
The Subject ◽  
The Law ◽  
A Minor

Courts play the role of a guardian angel in promoting and protecting the interests of children. The Guardians and Wards Act, 1890, introduced major reforms in matters of jurisdiction of Indian Courts, appointment of a guardian to secure the welfare of a child, recognition by an Indian court of a foreign court’s order as to the custody and guardianship of a minor, as also the rights of a guardian so appointed under the law of a foreign country. Courts play a major role in matters relating to the upbringing of children. The higher judiciary plays the role of parens patriae in preserving and promoting the welfare of children and restoring children to their habitual residence in cases of their abduction by either of the spouses. On the subject of guardianship of children born out of wedlock, courts recognize the mother as the natural guardian in preference to the putative father.

Das Heuerverhältnis nach dem Seearbeitsgesetz 2013

2019 ◽  
Author(s):  
Ricarda Müller
Keyword(s):  
Eu Law ◽  
Level System ◽  
Labour Law ◽  
International Labour Organisation ◽  
Legal Requirements ◽  
The Subject ◽  
Multi Level ◽  
The Law ◽  
Labour Organisation ◽  
International Companies

Maritime labour law is currently changing. In order to meet both the international legal requirements of the Maritime Labour Convention of the International Labour Organisation and the requirements of EU law, the German legislator has recodified maritime labour law. With the Maritime Labour Act 2013, it has attempted to replace the Maritime Labour Act of 1958 with a modern regulation. To what extent the legislator succeeds in balancing the recast of proven contents of the Maritime Labour Act 1958 with the implementation of its obligations under public international and EU law is the subject of this work. The provisions of the law are not only analysed from the perspective of German civil and labour law, but also in the multi-level system of public international and EU law. The author works as a lawyer in the Cologne office of CMS Hasche Sigle and advises national and international companies on labour law issues.

scholarly journals Fraud Against the Law in the Legal and Religious System of Iran

2021 ◽  
Vol 8 (12) ◽  
pp. 95
Author(s):  
Mahdi Mollaei
Keyword(s):  
General Theory ◽  
Legal Requirements ◽  
Religious System ◽  
Legal Obligations ◽  
The Subject ◽  
The Law

Along with the formation of legal requirements, lawlessness and fraud against the law have also increased. The idea of combating fraud, in order to counteract its consequences, gradually led legal scholars to institutionalize the doctrine of the "general theory of fraud against the law." Modern civilized societies do not tolerate the non-fulfillment of legal obligations and requirements, they have made an increasing move in accepting this theory. Of course, the thought of religious scholars in enriching the theory in question, in the light of the institution of trickery, has fueled this important issue.It seems that although some religious scholars and jurists still have doubts about accepting this theory as an independent and specific establishment, but the existence of some signs in the subject law of Iran, sparks of hope in accepting this theory. . In this regard, the exclusive enforcement guarantee of "inability to invoke fraudulent action" has emerged. The article in question is an attempt to prove the above and intends to analyze the fraud against the law by carefully studying the legal and religious system of Iran.

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