THE PRINCIPLE OF A RATIONAL LEGISLATOR AND THE SYSTEMIC REGULATION OF SOME LABOUR LAW INSTITUTIONS

A systemic review of selected legal institutions of employees’ disciplinary liability leads to the conclusion that the regulation of disciplinary law is not based on rational and logical assumptions. Concerns are raised as to the existence of many statutes that regulate, separately for individual employee groups and, as a rule, differently, functionally identical substantive and procedural institutions of disciplinary liability. Such differences are not explained, by the different times at which individual statutes were enacted and the subject matter differences related to the exercise of particular professions. As for the legislator, a review of the relevant provisions of law indicates that the said regulations do not, in many situations, satisfy the principle of terminological consistency or the requirement of systemic coherence. This applies in particular to norms that, due to their faulty treatment of linguistic issues relating to the rational creation of law, do not meet the requirement of the said adequacy.

GEREJA DALAM PERSIMPANGAN: LEMBAGA SWADAYA MASYARAKAT ATAU LEMBAGA ADIKODRATI PENGEMBAN MANDAT ILLAHI

Church must be understood as supernatural spritual institution as bearers of divine mandates on this earth, spiritual mandates and social mandates, be spiritual blessing and physical blessing. Church has taken the form of formal and legal institutions as such as social institutions. Then,the problems are the character and the impact of churches are not better than the social institution. Its because they lost their boot mandates. Those mandates originate and move from two church shahadas,love God and love others. The ambivalance among shahada and character,mandate and function cause churches are on intersection of become social institution or a spiritual institution. To back to their origin function,churches face two challenges. They are bravery to take off the deadly tradition,system,and theologies and then back to biblical tradition,system,and theologies.

The problems of protecting the constitutional rights of citizens in the context of globalization and digitalization

The article discusses the main approaches to the problem of legal protection of constitutional rights of citizens in Russian and foreign legal doctrine. Given the complexity and scope of this topic, the main attention is paid to such aspects as the protection of constitutional rights of citizens in the context of globalization and the protection of constitutional rights of citizens in the context of digitalization. It is argued that the processes of globalization and digitalization have posed a number of urgent issues to scientists, and the scientific community should be ready to resolve them. Based on the analysis, it is concluded that the processes of globalization and digitalization entail the weakening of national legal institutions, which is a serious threat to the constitutional rights of citizens.

Legal institutions securing socially recognised rightsof the subjects participating in legal transactions, based on the example of legitimate expectative

The article “Legal Institutions Securing Socially Recognised Rights of the Subjects Participating in Legal Transactions, Based on the Example of Legitimate Expectative” sheds light on the concept of legitimate expectative as a separate right. It gives arguments in favor of qualifying this type of right as legitimate since it protects legally important issues connected with the transactions undertaken by the participants of the market. The article also draws attention to the decisions of the international tribunals and the European legislatives that grant the position of the legitimate expectative in the general system of law. Coined by the German doctrine of law under the names: Anwartschaft, Wartenrecht and Zwischenrecht, the notion of expectative becomes widely recognised in other European countries, also in Poland, which is highlighted in the text. The protection of the said right in the Polish law system is mainly guaranteed by the Polish Constitutional Tribunal, in the described in the article decisions of 1989, 1993 and 1996. The topic of the article is not only the analysis of the said right of expectative but it also aims at a more general issue which is the creation of the new rights in very traditional civil law systems, especially in the Polish one. The summary of the analysis shown in the article leads to the conclusion that new rights and regulations are necessary, and the source of them should stem from the needs of the society, not the needs of the state.

INSTITUTE OF LEVIRATE IN INDIVIDUAL MOUNTAIN SOCIETIES OF THE NORTH CAUCASUS (ERRORS IN SCIENTIFIC RESEARCH, ON THE EXAMPLE OF THE CHECHEN PEOPLE)

В данной статье приводятся примеры исторического искажения некоторых правовых институтов возникновения семейных правоотношений между чеченцами и возникшего в результате заблуждения. Выдающиеся российские кавказоведы второй половины XIX века относят широкое распространение левирата у чеченцев как одну из основных форм брака. Основным из посылов научного исследования будет являться постижение данной проблематики с учетом более глубокого критического изучения и анализа уже существующих работ в области кавказоведения, а также через прямые векторы информации - через непосредственных носителей информации, самих представителей традиционного общества. This article provides examples of the historical distortion of some legal institutions of the emergence of family legal relations between Chechens and the resulting delusion. Prominent Russian Caucasian scholars of the second half of the 19th century consider the widespread use of levirate among Chechens as one of the main forms of marriage. The main message of scientific research will be the comprehension of this problem, taking into account a deeper critical study and analysis of already existing works in the field of Caucasian studies, as well as through direct vectors of information - through direct carriers of information, representatives of traditional society themselves.

The jurisprudence of elimination: starvation and force-feeding of Palestinians in Israel's highest court

This paper assesses the functioning of law and legal institutions in Palestine/Israel through the lens of settler colonialism by analysing two thematically interconnected decisions issued by the Supreme Court of Israel, the first involving the starvation of besieged Palestinian civilians and the second involving the force-feeding of Palestinian prisoners. Following a discussion regarding the role of law in settler colonialism, it proceeds to argue that the Court enabled, legitimised and legalised state-sanctioned violence that targeted the native Palestinian population by and through a jurisprudence of elimination in order to facilitate the attainment of Israeli settler-colonial objectives. By so doing, the paper provides further evidence in support of the appropriateness of settler colonialism as a theoretical framework for the case of Israel, including in legal matters.

Sytuacja autorytarna i rządy prawa. Socjologiczno-prawne wyjaśnienia kryzysu konstytucyjnego

The paper surveys the existing explanations of the current Polish constitutional crisis. For that sake the paper adopts a socio-legal perspective and introduces the concept of authoritarian situation, interpreted as a complex of social conditions which enable and/or facilitate the authoritarian form of government. As the examined studies prove, such an authoritarian situation has made a constitutional crisis in Poland possible. The paper discusses the explanations which concentrate on various factors conditioning the crisis, such as: class antagonism, the conflict of ideologies, the general legal culture of Polish society, professional legal culture, binding legal rules, and the condition of legal institutions (of law-making, law-applying, and constitutional politics). This discussion allows a conclusion that the causes of the constitutional crisis are multiple and much deeper than the current political conflict.