Na autorytarnym kursie

An Authoritarian Course: The Restriction of Civil Rights in Russia after 2012 This article regards the issue of Russian civil rights legislation, which has become very repressive after 2012. It focuses on legal restriction of all political and social activities that are beyond the control of the authorities, in particular the freedom of public meetings. Another goal of the Kremlin's repressive policy is the Internet, which has become the only space for freedom of speech in Russia. The new legislation tries to prevent this by two mechanisms: censorship and self-censorship. The consistent restriction of freedom of speech in Russia proves the growing anxiety of the ruling group, which fears that in the conditions of the deteriorating economic situation, it may lose control over public mood. The analysis of the legislation against civil rights in Russia shows that in recent years the scope of these rights has been constantly reduced. This leads to the conclusion that the main goal of the discussed changes in the law is the complete elimination of independent civic activity perceived as one of the main threats to the authorities.

The Constitution of the Czechoslovak Republic of 1920: to the issues of democracy of post-war state formation

The article describes how the features of the First Czechoslovak Republic state formation corresponded to democratic principles; it is examined the influence of external factors and tendencies to the constitutional process; it is investigated the implementation of the fundamental principles of democracy in the norms of the Czechoslovak Constitution of 1920. It should be stressed that the foundation of Czechoslovakia was influenced by democratic values, but also it was directly influenced by the interests of the Entente Powers, especially Great Britain and France. It manifested itself in the fact that representatives of the Czechoslovak national movement sought the support of the Entente states in the process of creating an independent state of Czechs and Slovaks in territories over which the pre-war sovereignty of the Austro-Hungarian Empire was recognized. Members of the Czechoslovak national missions were negotiating with representatives of foregin politics at this period. Czechoslovak national corps were created, fought on the side of the Entente states and formed the basis of the future army of the state, whose project was actively promoted. However, total control and dependence on Entente’s strategic interests which sometimes went against the established principles of democracy was the other side of the Entente’s support for the Czechoslovak national movement. For this reason, the democratic principles of state formation violated, and this especially concerned the solution of the national question. Features of the Czechoslovak state formation were of direct importance for the constitutional process. As a result, the democratic nature of the norms that regulated the status of national minorities, the legal meaning of the concept of “the Czechoslovak people”, the authority of the President of Czechoslovakia, can be questioned. Nevertheless, the author comes to the conclusion that the Constitution consistently contained norms on human rights and freedoms, and it regulated the mechanism of legal restriction of state power. Therefore, conclusions are drawn that the constitution of the Czechoslovak Republic was democratic.

Transactions of the National Pension Service of Korea in the KOSPI200 futures market

It is known that the National Pension Service (NPS) of Korea contributes to the market stability because it tends to pursue the negative feedback trading strategy in the Korean stock market. While many studies deal with institutional investors’ trading in the financial derivatives market, the NPS’s trading in the derivatives market is rarely studied. Using the NPS’s trading data for the period from January 2010 to March, 2020, the authors examine the transactions of the NPS in the KOSPI200 futures market. We find that the NPS’s net investment flow (NIF) in KOSPI200 futures is negatively associated with the past returns of KOSPI200 futures and the KOPI200 index. However, we also find that the NPS’s NIF of KOSPI200 futures is positively associated with its NIF in KOSPI200 stocks. Along with the legal restriction on the NPS’s trading in the derivatives market, the result suggests that the NPS uses KOSPI200 futures to deviate the problems related to non-synchronous trading in the spot market. To the best of our knowledge, this paper is the first study of the NPS’s transactions of KOSPI200 futures. The paper suggests that the NPS does not trade KOSPI200 futures for hedging or arbitrage profit but for complementing its transactions in the spot market of KOSPI200 stocks.

Ecological Aspects in Control of Small-scale Biomass Fired Boilers

Control of combustion in small-scale boilers has been standing outside interest for a long time. More attention has been paid to design of the boilers than to economic and ecological aspects of their operation. To the question under which operating conditions of the boiler a controller carries out its activities has been paid a limited attention. The quick by developing use of biomass fired boilers, local shortage of quality biomass, legal restriction on emissions and available cheaper instrumentation have caused a turn in replacing older simple control solutions by more sophisticated technology. The final goal is evident: to achieve for small-scale boilers to be able to operate automatically fulfilling ecological limits comparable with those usual in fullscale boilers, even when firing biomass of lower quality and no skilled service can be expected. Some experience obtained from experiments aimed at this goal and improvements carried out on pilot boilers are reported in this paper.

High court should not restrict access to puberty blockers for minors

Gender dysphoria (GD) is a clinically significant incongruence between expressed gender and assigned gender, with rapidly growing prevalence among children. The UK High Court recently conducted a judicial review regarding the service provision at a youth-focussed gender identity clinic in Tavistock. The high court adjudged it ‘highly unlikely’ that under-13s, and ‘doubtful’ that 14–15 years old, can be competent to consent to puberty blocker therapy for GD. They based their reasoning on the limited evidence regarding efficacy, the likelihood of progressing to cross-sex hormone therapy and the ‘life-changing consequences’ of puberty blockers. In this article, I offer two concurrent arguments to dispute their reasoning. First, I argue that minors can be competent to consent to puberty blockers for GD, because the decision to undergo puberty blocker therapy is no more complex or far-reaching than other medical decisions that we accept a child should be able to make. Second, I argue that—irrespective of competence—such legal restriction for all children fundamentally contradicts the central ethical tenet of child healthcare: best interests. For these two reasons, the high court should not restrict access to puberty blockers for competent GD children.

Tiesiskā regulējuma analīze aizgādības tiesību ierobežošanas jautājumos

Rakstā ir veikta aizgādības tiesību ierobežošanas tiesiskā analīze un aplūkoti problēmjautājumi, kas saistīti ar aizgādības tiesību ierobežošanas sekām. Tā kā likuma izpratnē bērns ir nepilngadīga persona līdz 18 gadu sasniegšanai un viņam trūkst rīcībspējas, bērna aizgādības tiesības īsteno viņa dabiskie aizbildņi – vecāki. Aizgādības tiesību būtība ir ļoti plaša, un to īstenošana vai tiesiska ierobežošana ir aplūkojama no vairākiem aspektiem, kas uzskatāmi norāda uz vairākiem problēmjautājumiem. Publikācijā īpaša uzmanība tiek pievērsta aizgādības tiesību ierobežošanas veidiem un to ietekmei uz bērna tiesību un interešu nodrošināšanu. Veicot tiesiskā regulējuma analīzi, tika konstatēts, ka ir trīs aizgādības tiesību ierobežošanas veidi. Taču šo tiesību ierobežošanas gadījumā bērnu tiesību un interešu nodrošināšana ir nevienlīdzīga un interpretējama atbilstoši noteiktajiem ierobežojumiem un bērna vecāku izpratnei par aizgādības tiesību būtību. Pētījuma mērķis ir identificēt problēmjautājumus un sniegt priekšlikumus tiesiskā regulējuma pilnveidošanai, lai visos aizgādības tiesību ierobežošanas gadījumos bērna tiesību un interešu nodrošināšana būtu vienlīdzīga un bērna vislabākajās interesēs. Raksts veidots divās daļās. Pirmajā daļā aplūkoti aizgādības tiesību ierobežošanas veidi un to tiesiskās ierobežošanas problēmjautājumi, savukārt otrajā daļā analizēta aizgādības tiesību ierobežošanas ietekme uz bērna tiesību un interešu nodrošināšanu. The article addresses the question of the legal analysis of the restriction of custody rights and the issues related to the consequences of the restriction of custody rights. As within the meaning of law, a child is a minor until the age of 18, thus he or she lacks the legal capacity, the child’s custody rights are exercised by his or her natural guardians – parents. The nature of custody rights is very broad, and their exercise or legal restriction can be viewed from several aspects, which clearly raises a number of issues. The publication pays special attention to the ways of restricting custody and their impact on ensuring the rights and interests of a child. The analysis of the legal framework revealed that there are three types of restriction of custody rights, which ensure unequal protection of a child’s rights and interests, as the restrictions is interpreted according to the understanding of custody rights by the child’s parents. The aim of the study is to identify the problematic issues and make proposals for the improvement of the legal framework, in order to reach equal protection of the rights and interests of a child in all cases of restriction of custody rights, which would be in the best interests of a child. The article consists of two parts. The first part discusses the types of restriction of custody rights and the problems of their legal limitation, while the second part analyses the impact of restriction of custody rights on ensuring the rights and interests of a child.

The Attribute and Mode of Right Restriction

The article attempts to substantiate the characterization of legal restrictions in two interdependent aspects — attribute and mode. It is shown that the attribute is an identification sign, and modes are signs of a situational value. The elements of attribution of legal restriction as a legal tool necessary for the search for legal solutions are revealed.

LEGAL RESTRICTION OF BANKRUPTCY OF STATE-OWNED ENTERPRISE (SEO) AND SUSTAINABILITY: THE CASE OF INDONESIA

Purpose of Study: This research examines the possibility of state-owned enterprises being nailed in the legal system in Indonesia. According to the bankruptcy regulation in Indonesia, those who are unable to pay debts can be declared bankrupt by the creditors, including SOEs. However, other regulations state that the government’s assets (including those within SOEs) cannot be confiscated, including within bankruptcy confiscation. Methodology: The research method used in this study is qualitative research using the type of doctrinal law research. The approach used is to use the statutory approach, conceptual approach, and case approach. Data from this study were obtained from commercial courts in Jakarta and Surabaya. Main Findings: This study found that there was a desynchronization of the regulations regarding the SOEs’ bankruptcy, i.e., between the Bankruptcy Law and the other laws, and even points within the Bankruptcy Law itself. The example that can be taken in this study is PT Kertas Leces /Limited Liability Company (LLC) Kertas Leces) that had already gone bankrupt and experienced confiscation of its bankrupt assets. Implications: The ideal bankruptcy model for SOEs is that the bankruptcy applicants for SOEs in the form of public companies or state-owned companies should be the Minister of Finance. The Ministry of Finance is responsible for the operational policies and supervision of SOEs, amounting to approximately 115 companies in the form of public companies or state-owned companies, including those that have already gone public and those which have not. Novelty: Previous studies have only focused on the assets of state-owned enterprises that have been separated and therefore bankrupt. This study examines another matter, namely that not all state-owned enterprises can be declared bankrupt and found one state-owned bankruptcy.

Faraizi Movement and Zamindars of Nineteenth Century Bengal: The Story of a Peasant Movement

The British colonial rule in Bengal had a very ominous impact on the people of the region as a whole. The introduction of a new land tenure system, known as the Permanent Settlement, and the creation of an all-powerful zamindar class particularly affected the interests of the peasants of Bengal. Under the new system, the government demand on the zamindars was fixed in perpetuity, but there was no legal restriction on the zamindars to enhance their share from the peasants. The peasants, consequently, became vulnerable to irregular rent increases and oppressions by the zamindars. The Faraizi movement, organized initially in the nineteenth century to reform the Muslim society, soon assumed the character of agrarian movement. In order to protect the poor peasants, the Faraizis soon became radical and challenged the zamindars. As majority of the peasants of the region, where this movement was launched, were Muslims and their zamindars mostly Hindus, the Faraizis used Islamic symbols to mobilize the Muslim masses. Thus, religion and economy intertwined in shaping such a protest movement in pre-industrial Bengal.