scholarly journals Legal status of the underage parents in German, Austrian, Swiss, and Russian legislation: comparative analysis

2020 ◽  
pp. 1-14
Author(s):  
Ekaterina Evgenevna Lekanova
Keyword(s):  
Child Custody ◽  
Legal Status ◽  
Legal Norms ◽  
The Status ◽  
German Model ◽  
Legal Model ◽  
The Common ◽  
Special Rules ◽  
Age Of Majority ◽  
Automatic Removal

The subject of this research is the legal norms on the status of underage parents. Custody of a child of underage parents is regulated by special rules in Russia and abroad. The Russian legal model of child custody of underage parents is yet to be established. Unlike the countries of Germanic legal group (Germany, Switzerland, and Austria), the legislation of which features detailed description of the legal status of underage parents, the Russian legislation requires further improvement in this regard. Application of the method of comparative jurisprudence allowed determining the common and distinctive characteristics in the legal status of underage parents in German, Austrian, Swiss, and Russian legislation. The common feature for all aforementioned legislations consists in automatic removal of custody of a child of an underage parent when such parent attains the age of majority. In the author’s opinion, the best model of child custody (with regards to a child of underage parents who have reached the age of 16) is German model: an underage parent with partial civil capacity and a guardian both have rights to participate in parenting of a child, while guardian is the only legal representative of a child of an underage parent (in case if a child has no parents of the age of majority).

Some Features of Termination of Rowers of the Chairman of the Court of General Jurisdiction

2021 ◽  
Vol 4 ◽  
pp. 66-70
Author(s):  
Ya.B. Zholobov ◽  
Keyword(s):  
Legal Status ◽  
Early Termination ◽  
Legal Norms ◽  
The Status ◽  
Age Limit

The derivative nature of the legal status of the president of the court from the status of a judge in general requires the establishment of certain correspondences in the mechanisms for its acquisition and termination. At the same time, the existence of disciplinary and other liability of court presidents for non-performance of their duties leads to an arbitrary interpretation and application of existing legal norms established at the level of legislative and subordinate acts. The article supports the idea of appointing presidents of courts from among persons with judicial status. The options for terminating the powers of the chairman of the court are considered: automatic suspension or termination in the event of suspension or termination of their powers as judges of the respective courts; reaching the age limit for office; voluntary resignation while retaining the powers of a judge; early termination of powers of the chairman of the court with the preservation of the position of judge in connection with the failure to perform or improper performance of his official duties.

scholarly journals HAK KEWARISAN BAGI AHLI WARIS YANG MELAKUKAN OPERASI PENYESUAIAN KELAMIN GANDA (KHUNTSA) DALAM TINJAUAN HUKUM ISLAM

2017 ◽  
Vol 2 (1) ◽  
pp. 63
Author(s):  
Wiwit Widya Wirawati ◽  
Abdullah Kelib
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Research Result ◽  
Secondary Data ◽  
Legal Norms ◽  
Descriptive Research ◽  
The Status ◽  
Approach Method ◽  
The Right ◽  
Double Sex

<p>ABSTRACT<br />Allah SWT has set the rules on the issue of inheritance clearly and firmly in Al-Qur'an Surah An-Nisa article 11. It explains about the division of inheritance based on male and female sex, that is 2:1 (Das Sollen). But in fact there is a group of people called Khuntsa (double sex). Neither in Al-Qur‘an nor Hadist explains the provisions of inheritance for khuntsa heirs and the large number of parts they receive (Das Sein). The formulation of the problem in this study is how inheritance for the heirs who perform double genital surgery (khuntsa) according to KHI and how the right should be given to the heirs who perform<br />double genital adjustment surgery (khuntsa) in accordance with Islamic Law. <br />This research uses juridical normative approach method with analytical descriptive research specification. Sources and types of data are secondary data obtained from Islamic legal norms on inheritance and khuntsa obtained from Al-Quran, Hadist, KHI, and fuqaha and experts opinions in various literature on inheritance and khuntsa. <br />Based on the research result, khuntsa inheritance right is not regulated in KHI.<br />Theredore if khuntsa conducts genital adjustment surgery, and get the clarity of its legal status hence its right of inheritance is as specified in Article 176 KHI. The provision of inheritance for khuntsa heirs in Islamic Law is khuntsa first predicted as male then female.<br />Khuntsa and other heirs share the smallest and most convincing estimates, while the remaining doubts are held until the status of the khuntsa law is clear. If the khuntsa matter is clear, the acceptance of all the heirs is perfected by adding share to those who are reduced according to the acceptance they should receive. In the future, the formulation of KHI should regulate the right of khuntsa inheritance along with the amount of the inheritance received.</p><p> </p>

Minority Mobilisation in Greece and Litigation in Strasbourg

2008 ◽  
Vol 15 (1) ◽  
pp. 27-48 ◽  
Author(s):  
Konstantinos Tsitselikis
Keyword(s):  
Legal Status ◽  
Minority Groups ◽  
Freedom Of Expression ◽  
Minority Group ◽  
European Court ◽  
Complex Process ◽  
The Status ◽  
The Common ◽  
Political Character ◽  
Of Greece

AbstractWhy would minorities of Greece bring their case before the European Court of Human Rights? What do the minority groups or individuals belonging to a minority group envisage when they communicate their case to Strasbourg? What are the common patterns of minority mobilisation for rights claims before the Court of Strasbourg? Minority mobilisation and litigation in Strasbourg is related to the formation of the status regarding a minority group, the latter being the product of a complex process of political character, dependent on a continuous, overt or covert struggle for power. The axis of this relation is defined by claims of the minority and their recognition or non-recognition by the state. In other terms, this struggle can be seen as a balance between demand and enjoyment of rights. These claims of minorities aim at improving, correcting or implementing the legal status. Freedom of expression, religion or association constitute the main grounds for allegations of more than 45 cases brought before the Court of Strasbourg so far. It seems that the Greek law-making and policy-implementing mechanisms are reluctant to accommodate a broader conception about membership to the Greek nation/Greek state mainly due to the continuing ideological constraints. Although religious otherness is slowly being acknowledged and institutionalised, the recognition of national otherness is so far not tolerated.

scholarly journals Penyuluhan Hukum Status Anak Lahir Diluar Nikah menurut Undang-Undang Nomor 1 Tahun 1974

2019 ◽  
Vol 4 (1) ◽  
pp. 19-23
Author(s):  
Sanawiah Sanawiah ◽  
Muhammad Syahrial Fitri ◽  
Maimunah Maimunah
Keyword(s):  
High School ◽  
Community Service ◽  
Legal Status ◽  
Television News ◽  
Central Kalimantan ◽  
Legal Norms ◽  
Biological Parents ◽  
Service Activities ◽  
The Status ◽  
The City

News of the discovery of babies thrown out by biological parents, students giving birth to their children in the toilet due to illicit relationships or adultery, almost every day, both through newspapers and television news, about crimes committed by teenagers in Central Kalimantan, especially the City of Palangka Raya. This is the situation that has led us to hold counseling to schools � community service activities in the form of the counseling legal status of children born out of wedlock according to Law Number 1 of 1974. The methods in this counseling are lecture, discussion, and question and answer methods to provide knowledge and understanding of the status of children born out of wedlock, to people, especially people old, teacher and children of Muhammadiyah II Palangka Raya High School in Kalampangan. Community service activities in the form of counseling legal status of children born outside of marriage according to Law Number 1 of 1974 in Muhammadiyah High School II Kalampangan can make the counseling participants keep themselves and their families from acting in violation of religious norms and legal norms, and can convey to friends the surrounding community about the status of children out of wedlock, according to the Marriage Law Number 1 of 1974 and the opinion of four Islamic Ulemas.

scholarly journals PLASMA OF BLOOD: LEGAL STATUS AND TURNOVER THEREOF IN RUSSIAN AND EUROPEAN CIVIL LAW SYSTEMS

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Виолетта Трубина ◽  
Violetta Trubina
Keyword(s):  
Blood Plasma ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Point Of View ◽  
Raw Material ◽  
Human Blood Plasma ◽  
Legal Norms ◽  
The Status ◽  
The Russian Federation

The shortage of blood plasma medicine in the Russian Federation has made the production of domestic medicine a top priority task of the state. Until recently the blood products were made mainly by state-owned enterprises, nowadays this has become very attractive for privately owned companies. In practice, they have to deal with the ambiguity of the status and transferability of blood plasma at different stages of the medicine production line. Therefore, the issue of legal regulation of plasma as the main raw material for the production of blood medicine has become to be a practical issue. This article attends to the problem of the nature and legal status of human blood plasma from the point of view of currently effective laws of the Russian Federation and European legislation. Special attention is paid to the basic principles applied to the use of human tissues and organs. The author reviews the legal regulation relating to the status of a human body and its organs from the point of view of international legal norms, civil legislation of the EU, Switzerland and the Russian Federation. Also, the author reasons the proprietary nature of the blood plasma as a source for biological medicine, and describes the factors limiting its transferability. The conclusion contains brief description of the legal status of the blood plasma.

The Jewish Question in Galicia: The Reforms of Maria Theresa and Joseph II, 1772‒1790

1999 ◽  
pp. 61-72
Author(s):  
Stanisław Grodziski
Keyword(s):  
Jewish Population ◽  
Legal Status ◽  
Jewish Question ◽  
Polish Population ◽  
Nationalist Movement ◽  
Legal Norms ◽  
Legal Situation ◽  
The Status ◽  
Joseph Ii ◽  
Secondary Issue

This chapter focuses on the reforms imposed by the Austrian authorities, who did not recognize the institutions and legal norms that had been inherited from Polish times in the annexed territory of Galicia. Specifically, it examines those reforms that pertained to the legal status of the Jewish population and can be separated quite easily from the wider Theresian–Josephine reforms. Here, the status of the Jews was by no means a secondary issue. The consequences of these reforms may be appraised on several levels. The chapter takes into consideration, first, the economic, social, and legal situation of the Jewish population in Galicia; second, that population's degree of loyalty to the new authorities; third, Jewish coexistence with the Polish population (and, to the degree that the Ukrainian nationalist movement developed, also with the Ukrainian population); and fourth, the situation of Galician Jewry in comparison with the position of Jews under the Polish republic before partition and with the situation of those Jews who found themselves under Russian rule after 1795.

scholarly journals Internetional Experience Of Legal Regulation Of The Status Of Non-Entrepreneurial Legal Entities

2021 ◽  
pp. 22-33
Author(s):  
O.I. Zozuliak ◽  
Yu.I. Paruta
Keyword(s):  
Legal Status ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Personality ◽  
For Profit ◽  
The Status ◽  
Legal Model ◽  
Charity Organization ◽  
European Standards ◽  
Legal Entities

The article deals with studying the legislation of individual countries on the legal status of non-entrepreneurial legal entities. It is stated that in international practice there is no single term that would describe all non-entrepreneurial legal entities. Typically, several terms are used, such as non-for-profit orgnisation, non­governmental organization, charity organization, private voluntary organization, civil social organization. In the scientific work authors analyzed the documents that are common to the whole European community and individual countries. The main features of non­entrepreneurial legal entities according to European standards are outlined. Among them: the main goal can not be making a profit, and in the case of making a profit it is aimed at achieving the goals for which the organization was created, non­entrepreneurial legal entities with legal personality acquire the same rights as other legal entities, the possibility of creating member organizations and organizations without membership. It is noted that the division of non-entrepreneurial legal entities on the basis of the system is the fundamental in Poland. That is why non­entrepreneurial legal entities in Poland are divided into companies and foundations. German law provides the creation of not only companies and foundations, but also associations that may not be intended for business purposes. The scientific work studies not only the provisions of legislative acts, but also the scientific developments of domestic and foreign scientists. In particular, doctrinal approaches to non-entrepreneurial legal entities in Germany, Japan, England and Wales were studied. It is concluded that it is not possible to accept the legal model of a non­entrepreneurial legal entity of a certain country and introduce it into national legislation, because each country has its own peculiarities.

Developing a Religiously Grounded Business Ethics: A Jewish Perspective

1998 ◽  
Vol 8 (1) ◽  
pp. 65-83 ◽  
Author(s):  
Moses L. Pava
Keyword(s):  
Business Ethics ◽  
Business Context ◽  
Legal Norms ◽  
Legal Rules ◽  
The Status ◽  
Integral Role ◽  
Introductory Paper ◽  
The Common ◽  
Organization Models ◽  
Common World

Abstract:The specific purpose of this introductory paper is to explicitly introduce readers to some of the important Biblical, Talmudic, and post-Talmudic texts which deal with business ethics. As the discussion will show, Judaism’s traditional texts treat an amazing variety of issues emphasizing responsibilities in the business context. These texts are both legalistic and aspirational in character. The theme of this study is that an authentic Jewish business ethics needs to grow out of an understanding of the needs of modern, complex economies but need not accept the status quo as binding. Jewish business ethics texts provide rules of behavior, but more importantly, the texts reveal a vision encouraging us to incorporate the highest human and spiritual ideals into the common world of business.The second section of the paper emphasizes that in order to develop Jewish business ethics, especially (but not exclusively) at the level of the organization, models of aspiration will of necessity play an integral role. A Jewish business ethics which conceptualizes Judaism as merely a set of legal rules is bound to failure. A key conclusion of this section is that Jewish business ethics needs to continue to selfconsciously promote models of aspirations, as well as rely on fixed legal norms.Finally, the third section of the paper examines a specific corporate policy (no smoking) in light of a Jewish business ethics.

scholarly journals Entering information about the security zone of the main gas pipeline into the Unified State Register of Real Estate

2021 ◽  
Vol 5 (1) ◽  
pp. 48-62
Author(s):  
N. G. Ovchinnikova ◽  
◽  
D. A. Medvedkov ◽  
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Legal Status ◽  
Gas Pipeline ◽  
Federal Law ◽  
Legal Norms ◽  
State Register ◽  
The Status ◽  
The Russian Federation ◽  
Main Gas Pipeline

The article discusses the process of preparing the location description of the protected zone boundaries of the main gas pipeline for the subsequent entry of information about it in the Unified State Register of Real Estate. In 2018, the regulation of the legal status of zones with special use of the territory was based on Federal Law No. 342 "On Amendments to the Urban Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation". Previously, the status of the zones studied in the work was regulated by legal acts, which often made it difficult to apply the legal norms related to them. The authors describe this process in detail, starting with the coordination of the object itself and ending with the result of the work, paying attention to the subtleties of the process and emphasizing the existing shortcomings.

scholarly journals Judicial assistant: current state of legal regulation and review of court practice

2021 ◽  
pp. 323-330
Author(s):  
Mykhailo Shumylo
Keyword(s):  
Public Service ◽  
Legal Status ◽  
Civil Service ◽  
Legal Regulation ◽  
Support Service ◽  
Constitutional Court ◽  
Effective Work ◽  
The Status ◽  
Deputy Chairman ◽  
Special Rules

Patronage service(executive support service)is a type of service and employment relations that arise, change and terminate to ensure effective, proper and quality performance of their duties by officials who are legally entitled to have a patronage servant. The term “patronage” comes from “patronatus” in Latin- the state or rights of the patron. In the national legislation, the patronage service is a quite new category and was first introduced in 1993 with the adoption of the Law on Civil Service, and therefore has no old traditions. The change in the status of the patronage service in Ukraine indirectly indicates its formation. There is no single approach to the principles of patronage service in foreign countries, for example, in Italy and Germany patronage service does not stand out as a separate concept, but such kind relationships are included in the public service, while in Australia, Britain, Georgia, Canada, Lithuania and Poland patronage service conceptually stands out as a category of public service with a number of special rules. The establishment of a patronage service in Ukraine was an objective necessity and today it operates in the system of legislative, executive and judicial branches. The labor functions of patronage service employees are directly correlated with the labor functions of public law official to whom they are assigned (subordinated). The patronage service includes advisers, assistants, commissioners, press-secretaries of the President of Ukraine, employees of the secretariats of the Chairman, First Deputy Chairman and Deputy Chairman of the Verkhovna Rada of Ukraine, employees of patronage services of the Prime Minister of Ukraine and other members of the Cabinet of Ministers of Ukraine, advising assistants of People's Deputies of Ukraine, judicial assistants and scientific advisers to judges of the Constitutional Court of Ukraine, judicial assistants, advisers to the Chairman of the Supreme Court and chairmen of cassation courts, as well as positions of patronage servants in other state bodies. At the same time as for judiciary, part 4 of Article 92 of the Civil Service Law (2015) states that the specifics of patronage service in courts, bodies and institutions of the judicial system are determined by the legislation on the judiciary and the status of judges. Judicial assistants are an integral part of the judiciary. Despite their legal status, whether civil or patronage servants, the lion's share of work is performed by judicial assistants. It can be concluded, directly or indirectly, that effective work of a court or a judge is not possible without the effective work of judicial assistants (judges' offices) and this interdependency is obvious. It should also be noted that a significant number of assistants later become judges, or if we take a look at the biographies of judges of all levels we can find out that many of them took their first steps in the legal profession as judicial assistants. This might lead to the conclusion that “judicial assistants environment” is a kind of a personnel reserve of the judiciary.

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