MUNICIPAL PROGRAM OF CARE FOR HOMELESS ANIMALS AND PREVENTION OF ANIMAL HOMELESSNESS AS A LOCAL LAW ACT AGAINST THE BACKGROUND OF THE COURT DECISIONS

2021 ◽  
Vol 2 (XXI) ◽  
pp. 65-79
Author(s):  
Przemysław Kuczkowski
Keyword(s):  
Local Government ◽  
Court Decisions ◽  
Government Action ◽  
Animal Protection ◽  
Homelessness Prevention ◽  
Local Law ◽  
Government Body ◽  
Programme Of Care ◽  
Legal Consequences

The paper presents the issue of the municipal program of care for and prevention of homeless animals set out in Article 11a of the Act of 21 August 1997 on animal protection in the context of the possibility of ascribing to it the features of a local law act. The issue of correct qualification of the municipal program of care for homeless animals and prevention of homelessness and the realization of statutory norms authorizing to issue this act by the local legislator is an extremely important issue due to possible legal consequences in the form of invalidation of a resolution of a local government body with ex tunc effect. The author of the article focused in the first part on the characteristics of such a form of local government action as the act of local law, considering its characteristics on the basis of the provisions of law, doctrine and judicature. In the second part the author assessed the municipal program of care for homeless animals and prevention of homelessness through the prism of features characterizing the act of local law. The aim of the paper was to review and discuss essential features of the local law acts and to qualify the communal programme of care for homeless animals and homelessness prevention as the local law act against the background of the court decisions.

scholarly journals JURISDICTION OF APPLICATIONS FOR THE REVISION OF JUDICIAL ACTS ON NEWLY DISCOVERED OR NEW CIRCUMSTANCES AND THE PROCEDURAL AND LEGAL CONSEQUENCES OF ITS VIOLATION

2020 ◽  
Vol 24 (4) ◽  
pp. 1141-1168
Author(s):  
Safura T. Bagylly ◽  
Larisa N. Pavlova
Keyword(s):  
Legal Regulation ◽  
Court Decisions ◽  
Unified Approach ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Scientific Analysis ◽  
Domestic Legislation ◽  
General Scientific ◽  
Administrative Proceedings ◽  
Legal Consequences

The article deals with the problematic items of choosing a court competent to review court decisions that have entered into legal force on newly discovered or new circumstances in civil and administrative proceedings. The aim of the authors is to conduct a study of the legal regulation of the jurisdiction of applications for review. The methodological basis of the article was formed by general scientific (analysis, analogy, description, synthesis, and systemic approach) and particular scientific methods (historical-legal, comparative-legal, and formal-legal). A retrospective analysis of legal acts of domestic legislation has been carried out. According to the results of the study, difficulties relate to interpreting and applying the existing rules on determining the appropriate instance for revision. Based on the analysis of the judicial practice of courts of general jurisdiction and arbitral courts, the authors come to the conclusion that there is no unified approach of the courts in determining the procedural and legal consequences of violations of the rules of jurisdiction. The conclusion summarizes proposals for improving the current legislation to eliminate ambiguities and achieve uniformity in judicial practice.

Response to J. Eric Oliver's review ofDoes Local Government Matter? How Urban Policies Shape Civic Engagement

2013 ◽  
Vol 11 (2) ◽  
pp. 600-601
Author(s):  
Elaine B. Sharp
Keyword(s):  
Local Government ◽  
Civic Engagement ◽  
Local Politics ◽  
Policy Feedback ◽  
Government Action ◽  
Urban Policies ◽  
Resource Effects

One thing our books and mutual reviews show that we very much agree on is the challenge in the study of local politics of adapting data collected for other purposes to the testing of theories of interest. We also clearly agree that local government does matter—that is, that what it does affects the shape and character of local civic engagement. But it is not clear that we see the relevance of policy feedback theory for local government in the same way. Specifically, while J. Eric Oliver's review reveals an appreciation of the ways in which local government action may yield resource effects, the interpretive effects that are arguably the more innovative component of policy feedback theory may be underappreciated. It is likely that this difference links to a deeper, underlying difference in views on what it means for local government to matter.

Urban Autonomy in South African Intergovernmental Relations Jurisprudence

ICL Journal ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 119-146
Author(s):  
Marius Pieterse
Keyword(s):  
Local Government ◽  
South African ◽  
Urban Governance ◽  
Intergovernmental Relations ◽  
Court Decisions ◽  
Administrative Authority ◽  
City Governments ◽  
Global Era ◽  
Legal Provisions ◽  
South African Cities

Abstract The notion of urban autonomy is increasingly significant in a global era where city governments are playing an ever-growing role in development, as well as in domestic and international politics. While extending significantly beyond legal configurations of local government powers and functions, urban autonomy is importantly shaped, enabled and protected by constitutional and legal provisions. This is so especially where urban governance happens in a resource-strapped and often politically volatile environment. This article considers the extent to which formal constitutional structures, and their justiciability, enable and channel urban autonomy in the developing world, with a focus on the constitutionally ensconced powers and functional authority of cities in South Africa. Through an overview of relevant constitutional and statutory provisions and of court decisions upholding urban autonomy in intergovernmental disputes, the article illustrates that South African cities have been served well by a constitutional framework emphasising cooperative governance and developmental local government, as well as by the justiciable entrenchment of local government’s executive, legislative and administrative authority.

The Local Government Body Member and the Local Government Employee as a Passive Bribery Offender under Polish Criminal Law

2020 ◽  
Vol 18 (2) ◽  
pp. 433-448
Author(s):  
Marek Kulik
Keyword(s):  
Local Government ◽  
Criminal Law ◽  
Legal System ◽  
Penal Code ◽  
Government Employee ◽  
The Public ◽  
System A ◽  
The Status ◽  
Government Body

The study addresses the status of a local government body member and a local government employee as a person holding a public function in the meaning of Polish criminal law. In the Polish legal system, a person who holds a public function may be held criminally liable for passive bribery (bribe accepting) defined in Article 229 of the Polish Penal Code.  Pursuant to Article 115 § 19 PC, a public officer and persons belonging to several other categories are persons holding a public function, while  Article 115 § 13 PC defines the public officer by detailed enumeration of specific persons. The study provides an analysis of these concepts in view of the provisions governing the status of local government officers and persons employed with local government organisational units.

scholarly journals 7.1. METHODICAL ASPECTS OF EVALUATING THE INFORMATION OPENNESS OF A LOCAL SELF-GOVERNMENT BODY

2020 ◽  
Author(s):  
А.Г. Атаева ◽  
А.В. Дунаева
Keyword(s):  
Social Networks ◽  
Local Government ◽  
Local Governments ◽  
Russian Regions ◽  
Organization Of Work ◽  
The Media ◽  
The Government ◽  
Government Body ◽  
Comprehensive Indicator

В статье анализируется опыт регионов Российской Федерации по оценке информационной открытости органов государственной власти и органов местного самоуправления. Предлагается комплексный показатель информационной открытости органа местного самоуправления, который включает в себя сводные показатели работы органа власти с населением, качества и посещаемости официального сайта, активности работы органа власти в социальных сетях, качества организации работы со средствами массовой информации, удовлетворенности населения информационной открытостью. The article analyzes the experience of Russian regions in assessing the informational openness of state authorities and local governments. A comprehensive indicator of the information openness of the local government is proposed, which includes summary indicators of the work of the government with the population, the quality and attendance of the official website, the activity of the government on social networks, the quality of the organization of work with the media, and public satisfaction with information openness.

scholarly journals WANPRESTASI TERHADAP AKTA PENGAKUAN UTANG DIBAWAH TANGAN DENGAN JAMINAN SERTIFIKAT HAK MILIK ATAS TANAH DITINJAU DARI PASAL 12 UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ( Analisis Putusan Kasasi Nomor 837 K/Pdt/2019 )

2020 ◽  
Vol 3 (1) ◽  
pp. 105
Author(s):  
Aria Dimas Harapan ◽  
Andi Safira Yan Istiany
Keyword(s):  
Research Method ◽  
Court Decisions ◽  
Legal Certainty ◽  
Legal Norms ◽  
Civil Case ◽  
Sense Of Security ◽  
Ratio Decidendi ◽  
Credit Agreement ◽  
Case Number ◽  
Legal Consequences

Starting from the need for capital, in practice some people are reluctant to make credit with banks, because the process is considered difficult, and too convoluted. Therefore, some people prefer to borrow a certain amount of money from individuals or what is better known as debt or credit. Talking about the debt and credit agreement, it will be closely related to collateral because every creditor needs a sense of security for the funds he lends. The author's research is made to examine and find out what efforts can be made if there is default in an underhand debt acknowledgment that guarantees the title of title to land without being preceded by a principal agreement, as well as the judge's consideration (Ratio Decidendi) in the Cassation Decision Number 837K / Pdt / 2019 concerning default in the debt acknowledgment. The research method used in this study is a descriptive normative juridical approach, namely research that refers to the legal norms contained in statutory regulations and court decisions. The results of the research obtained by the author in this study are the first consideration of the judge in deciding Case Number 837 / K / Pdt / 2019 is not quite right because in theory the judge's decision overrides legal certainty for a civil case by deciding in default of a debt acknowledgment, which then the judge also also declared null and void the debt acknowledgment. Where based on the provisions of Article 12 of Law Number 4 of 1996 concerning Mortgage Rights, the guarantee which is the object of the author's research, is a forbidden cause that is contrary to the validity of an agreement, so that the legal consequences are null and void from the start without having to obey prior default in the debt recognition deed. So that the author's suggestion is necessary for parties who want to carry out lending and borrowing activities, especially in terms of debt and credit, first understand any rules and legal norms that apply to their actions, so that they will not cause losses among the parties who bind themselves in the future.

scholarly journals ZNACZENIE SAMORZĄDÓW W OCHRONIE ZABYTKÓW. PROPOZYCJE ZMIAN

2016 ◽  
pp. 71-76
Author(s):  
Małgorzata Gwiazdowska
Keyword(s):  
Local Government ◽  
Historic Preservation ◽  
State Government ◽  
Complete Solution ◽  
Regional Scale ◽  
Legal Regulations ◽  
Administration System ◽  
Legal Situation ◽  
Government Body ◽  
The One

Changes made to the administration system in Poland in the years 1989–1990 were aimed at decentralising state government and increasing the importance of local government bodies. The author of this article reckons that this idea has not been reflected in the Polish body of law yet. There are no legal regulations provided in the provisions of law – not only in terms of the legal situation of historic preservation offices but also with regard to deciding what should fall under the authority of local government bodies. Scope of duties of local government historic preservation officers working in separate offices should be similar to the one that individual departments have. Moreover, authority should no longer be granted on discretionary basis. A principle should be therefore formulated that everything what comes within the competence of historic preservation officers must comply with statutory legislation. If a local government body wants to be delegated either full or partial authority, it should prove that it has both organisational and financial capacity to exercise it. We should therefore work towards a complete solution which would be practical and possible to adopt on both state and regional scale.

scholarly journals ESSENSI GANTI RUGI IMMATERIEL DALAM PERBUATAN MELANGGAR HUKUM MENURUT PUTUSAN HAKIM PERDATA INONESIA

2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Markus Suryoutomo
Keyword(s):  
Social Movements ◽  
Public Interest ◽  
Civil Code ◽  
Judicial Discretion ◽  
Court Decisions ◽  
National Legislation ◽  
The Public ◽  
The Law ◽  
Legal Consequences

<p>Legal findings by judges in interpreting the meaning of the text of the Act can function to realize and provide protection for the community of justice seekers, National legislation and its conclusions in the form of court decisions are reported to be open to various studies and deconstructive criticism that carried out through various social movements that care about the law, so that national law can function as one of the forces to mobilize the lives of new Indonesian people who are able to act responsively for the public interest. From this definition the obligation of the Judge to uphold justice comes from its authority, namely the Judicial Discretion policy. In the event that the judge grants Maternity compensation to the Law Breaking Lawsuits, insofar as it has fulfilled the Elements of Article 1365 of the Civil Code, which brings the legal consequences the judge can grant Immaterial compensation based on found</p>

scholarly journals AKIBAT HUKUM SERTA PENYELESAIAN TERHADAP HARTA BERSAMA BERDASARKAN HUKUM PERKAWINAN

2020 ◽  
Vol 9 (1) ◽  
pp. 112
Author(s):  
Ida Ayu Putu Kristanty Mahadewi ◽  
Dewa Nyoman Rai Asmara Putra
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Court Decisions ◽  
Legal Certainty ◽  
Marriage Law ◽  
Legal Research ◽  
Legal Perspective ◽  
Legal Consequences

Tujuan penelitian untuk mengkaji akibat hukum serta penyelesaian terhadap harta bersama berdasarkan hukum perkawinan apabila terjadi perceraian dan pemisahan harta bersama karena suatu hal. Penelitian ini menggunakan metode penelitian hukum normative, yakni suatu penelitian yang berdasarkan pada pendekatan perundang-undangan, bahan pustaka, putusan pengadilan dan ketentuan yang sebagaimana mestinya. Serta teknik pengumpulan data dilakukan dengan studi dokumen. Hasil studi menunjukkan bahwa dengan adanya suatu perjanjian dalam perkawinan maka harta benda dan harta bersama dari kedua pihak akan memiliki kepastian hukum yang tetap jika dilihat dari perspektif hukum. Penyelesaian harta bersama biasanya dilakukan dengan cara pemisahan harta benda kedua belah pihak. Penyelesaian perkara mengenai pembagian harta bersama yang terbaik adalah dilakukan dengan cara kekeluargaan. Penyelesaian permasalahan mengenai pemisahan harta bersama melalui pengadilan, juga bisa diusulkan melalui pengajuan gugatan sendiri oleh pihak yang berperkara maupun perantara melalui pengacara hukum. Dan permohonan mengenai pemisahan harta bersama tidak bisa diajukan bersamaan dengan gugatan cerai. The purpose of this study is to examine the legal consequences and the settlement of joint assets based on marriage law if the event of divorce and separation of joint assets for some reason. This study uses a normative legal research method, which is a study based on a statutory approach, library materials, court decisions and appropriate provisions. As well as data collection techniques carried out by document study. The results of the study show that with agreement in marriage, the property and joint assets of the two parties will have permanent legal certainty from a legal perspective. Settlement of joint assets is usually carried out by familial way. The settlement of problems regarding the separation of joint assets through the court, can also be proposed through filing a lawsuit by the litigant or intermediary through a lawyer. And applications regarding the separation of joint assets cannot be filed at the same time as a divorce suit.

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