scholarly journals Legal status of pets and pretium affectionis

2020 ◽  
Vol 59 (89) ◽  
pp. 335-351
Author(s):  
Srđan Radulović
Keyword(s):  
Legal Status ◽  
Legal Theory ◽  
Focal Point ◽  
Civil Law ◽  
Tort Law ◽  
Solid Base ◽  
Property Law ◽  
Judicial Practice ◽  
The Republic ◽  
Criminal Legislation

In domestic legal theory, as well as in judicial practice of the Republic of Serbia, there is a widely accepted standpoint that animals are property items, i.e. living movable assets in property law, and property items which increase the risk of damage in tort law. However, both views have been seriously challenged by the adoption of the Animal Welfare Act, and the subsequent amendments introduced into the Serbian criminal legislation. These norms have ultimately contributed to creating a solid base for reconsidering the legal status of animals and treating them as highly distinctive subjects of law. The current legal status of animals, including pets as a special legal category of animals which is the focal point of this paper, is debatable. Yet, the mere hint that there is a possibility to finally overcome the traditional "animal = object" concept creates an obligation to review all other civil law provisions and principles de lege lata, and especially de lege ferenda. In particular, using both analytical and normative method, the author analyzes the relevant provision of the Civil Obligations Act and the Draft Civil Code of Republic of Serbia, and examines the likelihood of awarding compensation (damages) for pretium affectionis (special affection and attachment) in case of death or injury caused to a pet.

scholarly journals Porzucanie zwierząt jako przestępstwo w polskim porządku prawnym

2020 ◽  
pp. 425-436
Author(s):  
Aleksandra Polak-Kruszyk
Keyword(s):  
Empirical Study ◽  
Criminal Law ◽  
Legal Status ◽  
Civil Law ◽  
Animal Cruelty ◽  
Property Law ◽  
Judicial Practice ◽  
Polish Law

The article will attempt to show criminal consequences against people who abandon animals according to the Polish law. What is more, the purpose of this paper is to show animal abandonment as one of animal cruelty crimes. In addition, it will systematize applicable penalties taking into consideration Polish criminal law. All in all, it will present animal abandonment according to the Polish civil law, including animals’ legal status in area of property law and movable possessions. To sum up, the article will discuss difficulties which may cause taking of evidence against this kind of criminals, due to actual judicial practice and data of the empirical study.

scholarly journals Improvement of the rules of civil law governing immovable property as objects of civil relations.

2021 ◽  
Vol 1 (3) ◽  
pp. 82-97
Author(s):  
Nargiza Ashurova
Keyword(s):  
Real Estate ◽  
Legal Status ◽  
Civil Law ◽  
Civil Code ◽  
Legal Regime ◽  
Priority Areas ◽  
The Republic

This article critically analyses legislative acts concerning the legal regime of real estate of the Republic of Uzbekistan and reviews the improvement of the legal status of real estate. In particular, on the basis of the legal characteristic of immovable property, peculiar aspects of the stay (finding) of immovable property in civil circulation, the priority areas of development of the Civil Code of the Republic of Uzbekistan are moving forward (hereinafter referred to as the Civil Code).

scholarly journals Criminal policy of Kazakhstan in the sphere of countering to drunk driving

2021 ◽  
Vol 12 (3) ◽  
pp. 712-727
Author(s):  
Kairat A. Bakishev ◽  
◽  
Bahit M. Nurgaliev ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Policy ◽  
Drunk Driving ◽  
Criminal Code ◽  
Judicial Practice ◽  
Vehicle Operation ◽  
The Supreme Court ◽  
The Republic ◽  
Legislative Structure ◽  
Criminal Legislation

The article examines the criminal policy of countering road accidents committed by drivers under the influence, implemented in Kazakhstan in connection with the trend of their constant growth. Based on the example of law enforcement practice of previous years, the authors conclude that the next measures to strengthen responsibility for drunk driving, adopted by the Law of the Republic of Kazakhstan dated December 27, 2019, will not bring tangible results due to ill-considered and illogical actions of the legislator. This is due to the fact that criminalization of Art. 345-1 and Art. 346 of the Criminal Code was carried out contrary to the Concept of legal policy of the Republic of Kazakhstan for the period from 2010 to 2020; due to the unsuccessful legislative structure of Art. 346 of the criminal code and the contradictory position of the Supreme Court of the Republic of Kazakhstan in the regulatory decree “On the practice of applying criminal legislation in cases of violations of traffic rules and vehicle operation” dated June 29, 2011, there are serious difficulties in its application in investigative and judicial practice; the courts are actively using the possibility of significantly reducing the punishment to the guilty or release from criminal liability in cases of reconciliation with the victim on the grounds stipulated by Paragraph 1 of Part 2 of Art. 55 of the Criminal Code and Part 1 of Art. 68 of the Criminal Code, etc. To resolve the existing shortcomings, thoughtful, consistent and criminologically justified actions of the state are required, which may contain the proposals provided by the authors.

scholarly journals Development of special property rights regimes

2021 ◽  
Vol 55 (1) ◽  
pp. 67-92
Author(s):  
Dušan Nikolić ◽  
Sloboda Midorović
Keyword(s):  
Public Interest ◽  
Civil Law ◽  
Special Property ◽  
Practical Significance ◽  
Property Law ◽  
Real Property ◽  
Cultural Goods ◽  
Legal Regimes ◽  
The Republic ◽  
The Right

In recent years, the shaping of special legal regimes has been intensified. They discreetly influence the ideological and value orientation of the Civil law and, to an increasing extent, its structure. Deviation from the general legal regime means that individuals or narrower social groups are brought either to a privileged or to a less favorable position in relation to other right holders. A more pronounced disparity between the general and the special can affect the stability of society, especially when it comes to the segment of the legal system that regulates issues related to the distribution and appropriation of goods in the domain of Real property law and Inheritance law. The introduction of new special legal regimes should affect the spread of Civil law. However, in most legal systems there is an opposite trend. New legal institutes that are in the function of implementing special legal regimes are governed by special regulations and often become part of separate, independent branches of law. Dispersion is especially emphasized in the domain of Real property law. The problem is that special legal regimes have not been the subject of more detailed studies in domestic doctrine. In this paper, questions concerning their conceptual definition, legal nature and practical significance are opened. In the first part, which could be conditionally called general, the current problems related to ideological and systemic dilemmas are analyzed. In the second, special, the current concept of a special property regime that applies to cultural goods is analyzed. Cultural goods are material elements of the cultural heritage of our country. The Constitution of the Republic of Serbia recognizes their status as goods of public interest, which implies the need for their enhanced protection. It is achieved by prescribing various public law restrictions that narrow the autonomy of the will of the owner. The paper analyzes the limitations of property entitlements for immovable and movable cultural goods, as well as for the goods that enjoy prior protection. Domestic regulations are inadequate in some segments because they provide for excessive restrictions (e.g. when determining the category of goods to which the right of pre-emption applies), because in some places they are insufficiently precise (in terms of determining the holder of the pre-emption right), or insufficiently elaborated (due to the failure to provide for the notification (die Anmerkung) of an (immovable) property that enjoys prior protection in the real estate cadastre). This emphasizes the importance of striving to achieve a fair balance between the public interest of the community, on the one hand, and the interests of owners, on the other.

scholarly journals New legal status of patients’ gratitude to medical workers

Temida ◽  
2020 ◽  
Vol 23 (1) ◽  
pp. 125-137
Author(s):  
Filip Miric
Keyword(s):  
Health Care ◽  
Legal Status ◽  
Healthcare Institution ◽  
Public Healthcare ◽  
Professional Performance ◽  
The Social ◽  
The Republic ◽  
Criminal Legislation ◽  
Individual Value

All forms of corruption are harmful for the society. However, corruption in the healthcare is a particular legal and social problem, given the importance of each individual? s health for the quality of life. The subject of this paper is a critical analysis of the provision of Art. 234 of the Health Care Act. According to this provision, a health worker and a health associate who performs a healthcare activity in a public healthcare institution, a member of professional and other bodies of a public healthcare institution, as well as members of their immediate families, may not seek nor receive any money, gift, service or any other benefit for themselves, their immediate family members or natural and legal persons who may reasonably be considered as interest- related and which may affect the impartiality or professional performance of their duties, that is, which may be considered a reward in connection with the performance of duties and the exercise of healthcare. Exceptionally, gratitude in the form of gifts, advertising materials or samples, of lesser value, that is not expressed in money, and which individual value does not exceed 5%, and the total value does not exceed the amount of an average monthly salary without taxes and contributions in the Republic of Serbia should not be considered as corruption, conflict of interest or private interest. This poses a question whether such provision legalizes corruption in the healthcare system? As far as the Health Care Act was adopted in 2019 and it is not possible to analyze its practical application, it is quite justified to point out to the social danger of such legal solution and its relationship with the provisions of the criminal legislation, which is the aim of this paper. Corruption in healthcare leads to very harmful and dangerous consequences for the victim. The victim of this unlawful behaviour is a patient, who is often dependent on the help of a corrupt doctor, and the question arises of the possibility of exercising the patient?s right to adequate healthcare. In this way, a solid basis can be created for future victimological research in this area

scholarly journals Testing the Origins of the Family Patrimony in Everyday Law

2005 ◽  
Vol 36 (4) ◽  
pp. 795-841 ◽  
Author(s):  
Nicholas Kasirer
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Civil Code ◽  
Legal Order ◽  
Property Law ◽  
Sociological Study ◽  
Married Life ◽  
The Family ◽  
Civil Code Of Quebec ◽  
A Share

This essay seeks to reevaluate the origins of the family patrimony by challenging the idea that the provisions introduced into the Civil Code of Québec in 1989 amounted to new law. The family patrimony is not simply a statutory trust borrowed maladroitly from Ontario, nor does it reflect a moral postulate that, prior to 1989, had no legal status. It may be argued, in advance of sociological study, that the family patrimony should be understood as reflecting customary norms that were already present in the Quebec legal order at the time of its enactment. Where wealth is accumulated by the spouses during the period that marriage is lived as a joint economic endeavour, rules of everyday law may require the sharing of certain property without regard to which of them has formal title thereto. These customary norms, obscured doctrinally by a modern disinclination among jurists to look beyond state-made law and its adjuncts in the regulation of married life, are potent sources of family property law. Once the manner in which everyday law complements the formal law of matrimonial property is made plain, it becomes apparent that the claim to a share of the family patrimony is not, in fact, a break with tradition in Quebec's Civil law of family property.

scholarly journals Gugatan Pihak Ketiga Terhadap Eksekusi Barang Sitaan dalam Perkara Tindak Pidana Korupsi

2018 ◽  
Vol 7 (2) ◽  
pp. 238
Author(s):  
Tedhy Widodo
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Attorney General ◽  
Third Party ◽  
Public Prosecutor ◽  
Legal Research ◽  
The Public ◽  
Judicial Practice ◽  
The Republic

The criminal act of corruption is a financial and humanitarian crime that harms the state and reduces the people's right to better access to welfare. The settlement of corruption cases often involves many parties, including good third parties related to the evidence seized by the Prosecutor. Judgments in judicial practice still cause new problems. The Panel of Judges imposed a crime in the form of appropriation of property in the control of a well-intentioned third party. The purpose of this paper is to examine the legal status of a third party who has good faith in the execution of confiscated goods in the case of corruption and the role of the prosecutor in a third-party lawsuit related to the execution of confiscated goods in the case of corruption. The research method used is normative legal research with statutes approach and case approach. The study indicates that the legal measures that can be done by a good third party against the confiscated objects in the case of corruption must be in accordance with Article 19 of the Anti-Corruption Eradication Act. The role of the public prosecutor in a civil case is not a public prosecutor or executor but in a lawsuit as a State Attorney Attorney under Article 30 Paragraph (2) of Law Number 16 Year 2004 regarding the Attorney General of the Republic of Indonesia. Tindak pidana korupsi adalah kejahatan keuangan dan kemanusiaan yang merugikan negara dan mengurangi hak rakyat untuk mendapat akses kesejahteraan yang lebih baik. Penyelesaian perkara tindak pidana korupsi seringkali melibatkan banyak pihak, termasuk pihak ketiga yang beritikad baik terkait dengan barang bukti yang disita oleh Penuntut Umum. Putusan-putusan dalam praktek peradilan masih menimbulkan masalah baru. Majelis Hakim menjatuhkan pidana berupa perampasan harta dalam penguasaan pihak ketiga yang beritikad baik. Tujuan penulisan ini untuk mengkaji kedudukan hukum pihak ketiga yang beritikad baik dalam eksekusi barang sitaan dalam perkara tindak pidana korupsi dan peranan jaksa dalam gugatan pihak ketiga terkait eksekusi barang sitaan dalam perkara tindak pidana korupsi. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan kasus. Hasil studi menunjukkan bahwa Upaya Hukum yang dapat dilakukan oleh pihak ketiga yang beritikad baik terhadap benda sitaan dalam perkara tindak pidana korupsi harus sesuai dengan Pasal 19 Undang-undang Pemberantasan Tindak Pidana Korupsi. Peran jaksa dalam perkara perdata bukan sebagai penuntut umum atau eksekutor akan tetapi dalam perkara gugatan sebagai Jaksa Pengacara Negara berdasarkan Pasal 30 Ayat (2) Undang-undang Nomor 16 Tahun 2004 tentang Kejaksaan Republik Indonesia.

scholarly journals Determination of value added tax in police and judicial practice

2020 ◽  
Vol 9 (18) ◽  
pp. 129-139
Author(s):  
Dženis Šaćirović ◽  
Haris Brulić ◽  
Ismet Šaćirović
Keyword(s):  
Tax Evasion ◽  
Value Added ◽  
Value Added Tax ◽  
Criminal Offense ◽  
Domestic Literature ◽  
Judicial Practice ◽  
The Republic ◽  
Criminal Legislation ◽  
Is Value

In this paper, we want to present the abuse and bad intentions of the so-called phantom (fake) companies and other intermediary or money laundering companies. The subject of this paper is value added tax evasion in police and court practice. The aim of this paper is to present VAT evasion, in accordance with the legal regulations of criminal legislation, pointing out the ways of committing this crime. In this paper, we use the normative method as well as domestic literature. It is presented how and in what way companies have the obligation to pay VAT for a certain period of time in accordance with the Law on VAT. Through this paper, certain examples (research) are presented in detail of how abuse and larger funds occur in an illegal way, which of course leads to damage to the budget of the Republic of Serbia. It is a criminal offense that is reflected in the evasion of taxes, contributions and other prescribed duties.

scholarly journals New criminal law responses of the Republic of Serbia to violence against women

Temida ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 169-187
Author(s):  
Sladjana Jovanovic
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Legal Framework ◽  
Council Of Europe ◽  
Penal Policy ◽  
Judicial Practice ◽  
The Subject ◽  
The Republic ◽  
Criminal Legislation ◽  
The Eu

The Republic of Serbia, within the framework of (intolerably) frequent amendments to the criminal legislation (often rooted in populist demands), has also improved its response to violence against women, which is the subject of this paper. In the first place, new criminal offences have been analyzed, as well as the more severe legislative penal policy, the main features of the Law on the Prevention of Domestic Violence, and the link between the legal framework and the judicial practice, in order to point out the existing shortcomings. The author concludes that changes in approaches are most often explained as necessity due to European integration, and harmonization with the EU law (in the field of protection of women from violence, for which the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence is of particular importance), so there is an impression that the changes are more formal, declarative and not well-thought-out.

scholarly journals ON PRESSING ISSUES OF CRIMINAL LEGAL PROTECTION OF CREDITORS AT THE STAGE OF EXECUTION OF JUDICIAL ACTS ON THE COLLECTION OF ACCOUNTS PAYABLE

2021 ◽  
pp. 22-28
Author(s):  
K.Y. Sasykin
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Judicial Practice ◽  
Procedure Code ◽  
Accounts Payable ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation

In the article, the author examines the problem of criminal legal protection of creditors’ rights fromcrimes associated with malicious evasion by debtors from paying off accounts payable, for the commissionof which liability is provided under Article 177 of the Criminal Code of the Russian Federation. The author emphasizes that the norm of the article was introduced in 1996 together with the adoptionof the code and the disposition did not undergo changes over the next twenty-five years, remaininginsufficiently regulated. It is indicated with reference to judicial practice on the problem of the objective sideof the corpus delicti of this crime, which contains ambiguous evaluative signs.The author, based on the analysis of the article of the considered norm and a number of doctrinal pointsof view, concluded that the norm is subject to change with the “removal” of the controversial terminologyfrom the disposition. The author proposes a revision of the norm and, as an example, provides a similarprovision on liability from the criminal legislation of the Republic of Belarus.Also, based on the analysis of articles 144–145 of the Criminal Procedure Code of the Russian Federationand taking into account the practice and doctrinal points of view, attention is focused on the need, in additionto substantive changes, changes and procedural norms of domestic legislation, namely, on the need totransform the stage existing in the Criminal Procedure Code of the Russian Federation initiation of a criminalcase as hindering the timely detection and investigation of this type of crime.

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