THE RIGHT TO TERMINATE NON-COMPETITION AGREEMENTS DURING THE STATE OF EPIDEMIC EMERGENCY OR STATE OF EPIDEMIC, ANNOUNCED ON GROUNDS OF COVID-19. COMMENTS DE LEGE LATA AND DE LEGE FERENDA

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 465-477
Author(s):  
Iwona Gredka-Ligarska
Keyword(s):  
Infectious Diseases ◽  
Research Problem ◽  
The State ◽  
Negative Consequences ◽  
Democratic State ◽  
Special Solutions ◽  
The Law ◽  
Principle Of Proportionality ◽  
The Right ◽  
Proportionality Principle

In Art. 15 gf of the Act of 2 March 2020 on special solutions relating to the prevention, counteraction and combatting COVID-19, other infectious diseases and the resulting crisis situations, the legislator introduced a right to terminate non-competition agreements. The purpose of this article is to examine if that right does not interfere excessively with the interests of employees, mandatories and contractors, and if it does not disturb the balance between the parties to non-competition agreements. The research problem is analysed on several levels. The constitutional approach is adopted (in terms of compatibility with: the principle of a democratic state ruled by law; principle of proportionality; principle of equality before the law). Also, interpretation of the examined provisions is presented and complexities it may trigger in practice. Conclusions of the performed analysis are a basis for the presented amendment proposals intended to mitigate the negative consequences of the examined provisions.

scholarly journals Community Organizational Supervision System in Indonesia

2021 ◽  
Vol 04 (08) ◽  
Author(s):  
Sri Endah Wahyuningsih ◽  
Keyword(s):  
Current System ◽  
The State ◽  
Government Control ◽  
Supervision System ◽  
Democratic State ◽  
Current Implementation ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
The Ideal

As a state of law as well as a democratic state, Indonesia guarantees and protects the right to freely express opinions and the right to organize in society. This in the end becomes the basis for every member of the community to be free to establish an Ormas. The freedom to establish these mass organizations in its development is not controlled due to the absence of real government control and supervision. This has resulted in many mass organizations being born into thugs and illegal organizations. This study aims to analyse the current system of supervision of mass organizations in Indonesia, the weaknesses in the current implementation of mass organizations, and the ideal reconstruction of a system of supervision of mass organizations capable of realizing a just law of mass organizations. The research in this dissertation uses the sociological juridical method. As for the results of the research conducted, it can be found that the current implementation of normative supervision has not been effective, as evidenced by the large number of problematic and prohibited mass organizations, weaknesses in the supervision of mass organizations in the community due to a legal vacuum in the regulation of supervision of mass organizations, so it is necessary to reconstruct values by conducting supervision and education. regarding the goals of mass organizations and the goals of the state and nation as well as legal reconstruction in the form of adding provisions for the supervision of mass organizations in the Law of the Republic of Indonesia Number 16 of 2017.

scholarly journals Realization of the human right to education in quarantine conditions: Ukrainian realities

2020 ◽  
Vol 8 (4) ◽  
pp. 8-18
Author(s):  
Natalia Mykolayvna Kalyniuk ◽  
Keyword(s):  
Distance Learning ◽  
Civil Rights ◽  
Infectious Diseases ◽  
Local Governments ◽  
Emergency Situation ◽  
The State ◽  
Right To Education ◽  
The Law ◽  
Constitutional Right ◽  
The Right

It is substantiated that one of the effective ways to protect human and civil rights in Ukraine is a synergistic combination of mechanisms of state power to protect these rights and freedoms. The article is devoted to the problem of realization by a person of the constitutional right to education in the conditions of quarantine restrictions. In general, the current legislation on protection of the population from infectious diseases is not properly applied in Ukraine. It is emphasized that the availability of education as a constitutional guarantee of the realization of the right to education on the principles of equality defined by Art. 24 of the Constitution of Ukraine is that no one can be deprived of the right to education, and the state must create opportunities for the exercise of this right. The problematic aspects of the implementation of the constitutional right to education in the conditions of quarantine established in the state and the approved anti-epidemic measures for the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 are considered. The shortcomings of the current legislation regulating the implementation of the individual and the right to education in the context of the COVID-19 pandemic are highlighted. It is established that the legal grounds for the introduction of an emergency situation in Ukraine are the Law of Ukraine "On Ensuring the Sanitary and Epidemic Welfare of the Population" and the Law of Ukraine "On Protection of the Population from Infectious Diseases". However, neither the Law of Ukraine "On Ensuring the Sanitary and Epidemic Welfare of the Population" nor the Law of Ukraine "On Protection of the Population from Infectious Diseases" can provide the Cabinet of Ministers of Ukraine with restrictions on constitutional rights and freedoms under Article 64 of the Constitution. restrictions only in case of martial law or state of emergency. The mechanisms of realization by a person of the constitutional right to education in the conditions of established quarantine restrictions are clarified. Distance learning has been studied as the only possible alternative to the usual mode of attending secondary schools. It is proved that currently in schools there is no opportunity, time, funds for the organization of system and technical support of distance learning, therefore, the only possible form of education is to visit schools in the usual way. In addition, we draw your attention to the fact that before the beginning of the school year, education authorities at both regional and regional levels, local governments, which under current law are required to comply with the orders of the executive body implementing policy in the field of protection health in the context of preventing the spread of infectious diseases and the application of anti-epidemic measures, checking the readiness of educational institutions to work in quarantine realities. Schools are sufficiently provided with individual and collective protection. This allows them to operate and provide educational services to students.

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
The State ◽  
Hate Groups ◽  
New Approach ◽  
State Action ◽  
Democratic State ◽  
Theory Of Value ◽  
The Right ◽  
Equal Citizenship ◽  
The Ideal

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals Peranan Badan Pertanahan Nasional/Agraria Dan Tata Ruang Dalam Penyelesaian Sertifikat Ganda Di Kabupaten Banyumas

2021 ◽  
Vol 23 (2) ◽  
pp. 1-8
Author(s):  
Ninik Hartariningsih ◽  
Esti Ningrum ◽  
Wahyu Hariadi
Keyword(s):  
Land Rights ◽  
The State ◽  
Good Faith ◽  
Close Relationship ◽  
The Law ◽  
The Right

ABSTRACT The number of cases or disputes in the field of land, one of which is due to the existence of multiple certificates, in which this problem can be caused by good ethics and good ethics. This is because land has a close relationship with humans, both for housing and for business. Therefore, the law requires the owner of land rights to register their land, so that they have legal guarantees and guarantees of their rights. Double certificates occur in the case of land being abandoned by a certified owner, for a period of more than 20 years so that the land grows with a thicket, which is then controlled by someone else in good faith for more than 20 years, then the person increases his right of ownership. This is justified by law because the person has controlled the land for more than 20 years, in addition, because the land has been neglected for more than 20 years, the right to annul the land is controlled by the State. Keywords: BPN/ATR, Solution, Double Certificate Abstrak. Banyaknya kasus/sengketa dibidang pertanahan, yang salah satunya adalah karena adanya sertifikat ganda, yang mana masalah ini dapat dikarenakan etikat tidak baik maupun etikat baik. Hal ini dikarenakan bahwa tanah mempunyai hubungan yang erat dengan manusia, baik untuk tempat tinggal maupun untuk berusaha. Oleh karenanya Undang- Undang mewajibkan sipemilik hak atas tanah untuk mendaftarkan tanahnya, agar mempunyai jaminan hukum dan jaminan haknya. Sertifikat ganda terjadi dalam hal tanah ditelantarkan oleh pemiliknya yang sudah bersertifikat, dalam jangka waktu lebih dari 20 tahun sehingga tanah tersebut tumbuh semak belukat, yang kemudian dikuasai oleh orang lain dengan itikat baik selama lebih dari 20 tahun, kemudian orang tersebut meningkatkan haknya menjadi hak milik.Hal ini dibenarkan oleh undang-undang karena org tersebut telah menguasai tanah tersebut selama lebih dari 20 tahun, selain itu karena tanah tersebut ditelntarkan selama lebih Dri 20 tahun, maka haknya hapus tanah dikuasai oleh Negara. Kata Kunci : BPN/ATR, Penyelesaian, Sertifikat Ganda

Zmiany w ustawach małżeńskich Augusta za panowania dynastii julijsko-klaudyjskiej

1987 ◽  
Vol 30 (1-2) ◽  
pp. 151-178
Author(s):  
Maria Zabłocka
Keyword(s):  
The State ◽  
Negative Consequences ◽  
Men And Women ◽  
Age Limit ◽  
The Law

Under the reign of Augustus’ successors both lex Iulia et Papia as well as lex Iulia de adulteriis coercendis were subject to changes. Lex Iulia et Papia imposed an obligation to remain in the state of matrimony for men and women until a certain age limit; if the men were past this age limit negative consequences of avoiding the binding orders came no longer into consideration. SC Pernicianum extended the said consequences over people well advanced in years who earlier had not met the requirements of the law. SC Claudianum attempted at softening the sternness of the changes but only in relation to men since according to SC Calvisianum women were excluded from it. However, the reasons for enacting these SC seem to have departed from the intensions propagated by Augustus. New regulations aimed at only fiscal reasons and partially (SC Claudianum) personal situation of the Princeps. Application of lex Iulia de adulteriis was also gradually changed. Tiberius increased the punishability of facts recognized as crimes by the act and extended its application over new facts. Whereas Caligula abrogated punishability of facts falling under the notion of lenocinium and imposed taxes on them instead.

Definition and content of the right to freedom of conscience

2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  
Keyword(s):  
Human Rights ◽  
Human Behavior ◽  
The State ◽  
Human Beings ◽  
Freedom Of Conscience ◽  
Key Words Human ◽  
The People ◽  
The Law ◽  
The Right

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship

The Secularized State

2020 ◽  
pp. 220-236
Author(s):  
Ernst-Wolfgang Böckenförde ◽  
Mirjam Künkler ◽  
Tine Stein
Keyword(s):  
Religious Freedom ◽  
Religious Faith ◽  
The State ◽  
Religious Communities ◽  
Constitutional Court ◽  
Freedom Of Association ◽  
Democratic State ◽  
Federal Constitutional ◽  
Freedom Of Belief ◽  
The Right

In this article Böckenförde contrasts his concept of open encompassing neutrality (found in most Scandinavian countries and in Germany) with that of distancing neutrality, as practised in France. While the latter champions negative religious freedom, open encompassing neutrality aims for a balancing of negative and positive religious freedom. Religious freedom for Böckenförde is multidimensional and includes the right to have (or not) a religious faith (freedom of belief), to affirm (or not) this faith privately and openly (freedom to profess), to exercise (or not) one’s religion publicly (freedom of worship), and to join together (or not) in religious communities (religious freedom of association). The correlate to these individual and group rights is the open and overarching principle of the state’s neutrality towards religion and other worldviews, entailing a prohibition on the state justifying law on religious grounds. Furthermore, it requires the state not to privilege religion over non-religion and one religious faith over another. Siding with the ruling of the Federal Constitutional Court (at a time when he was not a sitting judge), Böckenförde underlines that even religious communities who reject the democratic state have the right to be recognized and legally protected. What matters is not whether communities accept or reject the state, but whether they obey or violate its laws. This was the court’s view on the Jehovah’s Witnesses, and it must also be applied, Böckenförde writes, to religious fundamentalists who do not accept the secular order, as long as they do not violate any laws.

Self-Defence and Israel in International Law: A Reappraisal

1976 ◽  
Vol 11 (4) ◽  
pp. 516-562 ◽  
Author(s):  
Barry Feinstein
Keyword(s):  
International Law ◽  
The State ◽  
Self Help ◽  
The Law ◽  
The Right ◽  
Self Defence

Dean Acheson frankly reconfirmed the right of self-preservation, when he asserted, “…law simply does not deal with … questions of ultimate power—power that comes close to the sources of sovereignty…. No law can destroy the state creating the law. The survival of states is not a matter of law”. It is beyond the law.Given the existence of man's elementary loyalty to autonomous states, the necessity for using force springs from the need of states to depend fundamentally on self-help in order to guarantee their survival and welfare. This search for security in a system of politics without government, forces the state to be dependent upon military self-help.

scholarly journals Introduction

1989 ◽  
Vol 23 (2-3) ◽  
pp. 141-145 ◽  
Author(s):  
Miriam Gur-Arye
Keyword(s):  
Prima Facie ◽  
The State ◽  
Terrorist Activity ◽  
Moral Principles ◽  
Security Service ◽  
Democratic State ◽  
The Law

This issue of the Israel Law Review is devoted to a written academic symposium on the Report of the Commission of Inquiry into the Methods of Investigation of the General Security Service (GSS) Regarding Hostile Terrorist Activity (the “Landau Report”). The Commission was established in May, 1987 to investigate GSS interrogation practices and to reach legal conclusions concerning them. The need to establish the Commission followed revelations of activity within the GSS which was prima facie unlawful.The Report discusses a dilemma fundamental to any democratic state forced to cope with hostile terrorist activity (HTA): the dilemma “between the vital need to preserve the very existence of the State and its citizens, and [the need] to maintain its character as a law-abiding State which believes in basic moral principles” (R., 77). The only solution to that dilemma, according to the Report, requires that the “law itself … ensure a proper framework for the activity of the GSS regarding Hostile Terrorist Activity” (R., 79).

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