scholarly journals Między stronami mocy. Przyczynek do analizy ustrojowej uniwersów fantastycznych

2019 ◽  
Vol 40 (4) ◽  
pp. 97-115
Author(s):  
Piotr Stec
Keyword(s):  
Science Fiction ◽  
Political System ◽  
Degenerate System ◽  
New Order ◽  
Legal Analysis ◽  
Democratic Control ◽  
Binary Division ◽  
The Republic ◽  
Old Republic ◽  
The Right

BETWEEN TWO SIDES OF POWER: A CONTRIBUTION TO CONSTITUTIONAL ANALYSIS OF SCIENCE-FICTION UNIVERSAIn popular parlance the Star Wars universe often serves as an example of a binary division between good Rebels and evil Empire. However, a detailed legal analysis of the turbulent political and legal history of the good old Republic and its transformation into the Empire casts doubts on this popular opinion.The Republic seems to be a degenerate system, based on exploitation of the weak, slavery and dominance of the military order the Jedi, exercising power without any democratic control. Surprisingly, the transformation of the Republic into the Empire was formally admissible, and backed up by republican constitutional principles. Moreover, it has been purported here that the political system of the galaxy had very strong feudal relics and allowed both for vendettas and the right to rebel against the goverment. The Rebellion was in fact a counterrevolutionary movement whose main goal was to re-establish the ancient regime and anihilate the last two representatives of the schismatic Jedi sect the Siths, while the Empire was trying to establish a ruthless, but effective system of government. Thus, what we have here is not a battle of Good against Evil but simply a civil war between conservative terrorists and authoritarian reformers. Surprisingly, a short-lived victory of the Rebellion leads to a social and economic crisis, while the restoration of the Empire by the New Order guarantees stability of the economic and political system. Moreover, imperial feuds and vendettas impact only the major players, while the commoners are not directly affected.

scholarly journals TAKING INTO CUSTODY IN THE CRIMINAL PROCESS OF THE REPUBLIC OF BELARUS: IMPROVING REGULATIONS AND ISSUES OF PROOF (COMPARATIVE LEGAL ANALYSIS)

2020 ◽  
Vol 73 (4) ◽  
pp. 156-162
Author(s):  
Andriy Samko ◽  
◽  
Dmуtrо Pilipenko ◽  
Keyword(s):  
Civil Rights ◽  
International Law ◽  
Preventive Measure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Theoretical Concepts ◽  
The Republic ◽  
The Right ◽  
Practical Feasibility

The article analyzes the peculiarities of applying a measure of procedural coercion in the form of detention in the criminal procedural legislation of the Republic of Belarus, as well as in the criminal process of Ukraine and the Republic of Kazakhstan. The positions of scientists in the field of criminal procedure, who conducted research on this issue, are analyzed. The key positions of the proceduralists regarding the basic regulatory aspects of the application of a preventive measure in the form of detention are considered. Attention is focused on the fundamental provisions of the functioning of the system of procedural compulsion and the application of a preventive measure in the form of detention in custody in particular. The analysis of the positions of the legislators of the Republic of Belarus, the Republic of Kazakhstan and Ukraine regarding the issue of normative regulation of the procedure for applying a measure of procedural coercion in the form of detention is carried out. The authors of the article emphasize the key aspect of the preventive measure in the form of detention in the form of its extraordinary impact on the observance of human and civil rights and freedoms in criminal proceedings. This circumstance is especially relevant in respect of the right of participants in criminal proceedings to freedom and personal inviolability. In this regard, theoretical concepts are considered and the content of international law on this issue is analyzed. The practical feasibility and normative possibility of using other, more humane methods of influencing suspects accused in criminal proceedings are analyzed. The article focuses on the normative procedure for the application of bail as an alternative procedural measure of isolating a person during detention in the legislation of the above states. The article analyzes the procedural features of the normative regulation of the use of pledge in the legislation of Ukraine and the Republic of Kazakhstan. The author's position on these issues, as well as proposals for optimizing the criminal procedural legislation of the Republic of Belarus regarding the regulation of the use of detention are formulated.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

To the Question of Private Ownership of Agricultural Land in Russia and Kazakhstan: Comparative and Legal Analysis

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Алмагуль Дюсюпова ◽  
Almagul Dyusyupova
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Scientific Article ◽  
Private Ownership ◽  
Legal Analysis ◽  
Theoretical Understanding ◽  
The Russian Federation ◽  
The Republic ◽  
Economic Perspectives ◽  
The Right

Socio-economic nature and legal content of private ownership of agricultural land in the Russian Federation and the Republic of Kazakhstan have accumulated new features that have not yet received sufficient theoretical understanding, scientific analysis and cross-light. This scientific article deals with the right of private ownership of agricultural land under the laws of Russia and Kazakhstan. The article describes the formation and development of the institution of private ownership of land in the Russian Federation and the Republic of Kazakhstan from the philosophical, historical, legal and economic perspectives. The author determines the legal essence, the characteristics and features of private ownership of agricultural land under the new economic conditions in the competitive environment. The author makes an attempt to understand the formation and development of this institution at the present stage of the development of our society.

scholarly journals The right to offset the claims in accordance with the law on bankruptcy of the Republic of Serbia and in the region

2021 ◽  
pp. 119-138
Author(s):  
Vladimir Vrhovšek ◽  
Vladimir Kozar
Keyword(s):  
Bankruptcy Law ◽  
Legal Analysis ◽  
Legal Practice ◽  
Legal Provisions ◽  
Legal Consequence ◽  
The Law ◽  
The Republic ◽  
Business Entities ◽  
The Right ◽  
Legal Compensation

This article discusses a concept of legally permitted and limited offsetting in bankruptcy according to the law of the Republic of Serbia, with comparison to earlier regulations where the offsetting occurred by the force of law, as the legal consequence of initiating bankruptcy proceedings. Legal provisions, legal practice, opinion of the jurisprudence on general and special terms about the right to offset the claims in bankruptcy in the Republic of Serbia, as well as in the countries in the region, have been presented. Relevant legal solutions from laws on bankruptcy of Montenegro, Republic of Srpska, Republic of Croatia, and the Republic of Slovenia have been reviewed. Offsetting claims in bankruptcy proceedings are in principle allowed in regional countries as well. Regarding the effect of bankruptcy on the right to offset the claims, there is a great similarity among the legal solutions in regulations of above mentioned countries, except for the Republic of Slovenia. The Republic of Slovenia retained the broadest concept of legal compensation as a legal consequence of initiating bankruptcy proceedings, which constitutes an important difference compared to restrictive solutions of the Serbian bankruptcy law and regional legislation. This article aims to show to the business entities operating in the region, through comparative legal analysis, different conditions and procedure of offsetting in bankruptcy in national legislation, bearing in mind the importance of this legal institution, which allows the creditors to fully collect their claims outside the bankruptcy payment lines, and regardless of the number of available funds in the bankruptcy estate.

Cognitive and Transformative Human Activity in Academician E.M. Babosov’s Philosophical Discourse (Book review: E.M. Babosov. Science and Human Dimensionality of Surrounding Reality. Minsk: Belaruskaya navuka 2021)

2021 ◽  
Vol 64 (2) ◽  
pp. 149-155
Author(s):  
Alexander N. Danilov
Keyword(s):  
Human Activity ◽  
Political System ◽  
National Academy Of Sciences ◽  
Scientific Cognition ◽  
World Picture ◽  
New Ideas ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Academy Of Sciences

The article presents reflections on the book Science and Human Dimensionality of Surrounding Reality written by E.M. Babosov, who is a famous philosopher and sociologist, academician of the National Academy of Sciences of Belarus. The book was published to the 90th anniversary of the author’s birth. The reviewed book reveals the nature, features, and trends of scientific cognition. There demonstrates wide panorama of interconnections between scientific cognition and education, religion, culture, political system, management, national and global security. The book’s author describes the challenges, issues, and prospects of the 21st century. In his research, E.M. Babosov searches the answer to the question: Will science save humanity? The author’s meditations in the book is the result of his thoughts and concerns of recent decades. The academician acknowledges that scientific cognition, comprehension, and interpretation have eventually become his vocation. According to the book’s author, the progress of science is always a challenge, when the right and the wrong are equal, and new ideas change the usual world-picture. E.M. Babosov provides his vision on relevant modern issues in the light of the government practice of the Republic of Belarus, its diverse manifestation under the global instability condition as well as emphasizes the most relevant problems in the areas of cyber and media spaces, network society formation, largescale digitalization of all human activity spheres. The author analyzes the issues of the development of Belarusian statehood, national identity, national system of government management, personal and public security, political system advance.

scholarly journals The position of the Hungarian national minority in Vojvodina: Sociological and legal aspects

Sociologija ◽  
2011 ◽  
Vol 53 (3) ◽  
pp. 345-366
Author(s):  
Zeljka Manic
Keyword(s):  
First Language ◽  
Legal Aspects ◽  
Ethnic Relations ◽  
Two Dimensions ◽  
National Minority ◽  
Legal Analysis ◽  
Language Preservation ◽  
Collective Rights ◽  
The Republic ◽  
The Right

The text is about sociological and legal analysis of the position of the Hungarian national minority in Vojvodina, with special regard to the period between 2002 and 2007. It is believed that ethnic relations have a significant role in establishing national identity, and that collective rights represent the legitimate effort to preserve the language, writings and culture of those ethnic groups. The position of the Hungarian national minority is the position that is guaranteed by the constitution of the Republic of Serbia in the section regarding the collective rights: the right to the education in their first language, official use of language and writing, media information's in first language, preservation of culture and the right to participate in public activities. The position of Hungarian minority is regarded in two dimensions: the level of legal regulations and the level of actual problems that the members of minority are facing when practicing their rights.

scholarly journals PARTAI POLITIK dan SISTIM DEMOKRASI DI INDONESIA

2018 ◽  
Vol 3 (6) ◽  
Author(s):  
Ayub Muksin
Keyword(s):  
Political Parties ◽  
Political Development ◽  
Democratic Party ◽  
Political System ◽  
General Election ◽  
New Order ◽  
Theoretical Perspectives ◽  
Mass Organization ◽  
The Republic ◽  
The Government

<p>The Republic of Indonesia since 1945 when it proclaimed its independent from the Dutch colonialism adopted democracy as political system. In its political development, democracy in Indonesia had many names or label. From 1945 until 1959, the Republic of Indonesia adopted and implemented which   is commonly known as Liberal Democracy. During the period of 1945 – 1959, the government of Indonesia held  successfully general election with 39 political parties as well as mass organization and group of constituens which all together 100 participants in the general election. From 1959 until 1966, democracy which was took on called Guided Democracy.During this period there was no general election eventhough some political parties were permitted to exist by the current rezime . The rezime was of the opinion that the Indonesian people was not ready yet for carrying out generah election. After aborted Communist coup d’etat at 30 September 1965, new government arised, and they called their government as New Order or Orba in Bahasa Indonesia. The new order remained to adopt democracy in political system which was labelled as Democracy Pancasila, referred to the nation and state philosophy. The new order government organized six  times general election which was held in 1971 1977, 1982, 1987, 1992 and 1997. In general election 1973 there was  10 political parties and 1 mass organization called Golkar, formed by government as main political power of Orba. Since 1977 the election participants were only two parties, the United Party for Development (PPP), the Indonesian Democratic Party (PDI) and Golkar. Then Golkar developed as hegemonic party, ardent and strong supporter to the Orba government, and always winning  in every general election. When Reformation Era came in 1998, the reformation government named its democracy as Demokrasi Reformasi, and as of 1998 until now, had successfully organized 4(four) times general elections with its participants fluctuated.  In 1999’s general election the participants was 48 political parties, 2004’ election was 24 parties, 2009’ s election was 38 parties, 2014’ general election was 12 parties. For 2019’ s general election, 16 parties was declared by the General Election Commission  or KPU as participants nationally.</p><p>From theoretical perspectives on democracy, whatever labelled or named, democracy implemented  in Indonesia  formally as DEMOCRACY.</p><p>Key words : Democracy. Political Parties, General Election.</p>

scholarly journals Peranan Negara dalam Pembangunan Perbandingan antara Kebijakan Pemerintahan Orde Baru dengan Pemerintahan Orde Reformasi

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Sapto Pramono
Keyword(s):  
Developing Countries ◽  
Social Life ◽  
Political System ◽  
Human Life ◽  
The Political ◽  
New Order ◽  
General Development ◽  
Security Issues ◽  
Old Order ◽  
The Republic

Development is an activity process that aims to create a more advanced society and social life. Because the scope of development touches the various areas of human life, then the range to be achieved by itself summarizes many aspects, both aspects of social politics, socioeconomic, socio-cultural and defense and security issues In general, development is done in developing countries whether it seca physical, non-physical, material or immateril. Similarly, the Republic of Indonesia, from a new independence until the age of more than 70 years of republic has experienced three times the political system of government, namely the Old Order, the New Order and the Reform Order.This article attempts to elaborate a small comparison between the New Order and the Reform Order on its policies and approaches to development. The policies adopted by the New Order government were applied in two general strategies: economic strategy and political strategy.The concept used to distinguish the two order development is state centered and statism. State centered in the New Order is clarified in three different approaches: politics as commander, economy as commander and morality as commander. While the concept of statism seen in various policies with absolute properties, both on the needs of primary, secondary and tertiary. Nevertheless everything is in stable situations and conditions, although in the end the condition is false and everything is messy.In contrast to the Reform Order, all governments of the four presidents put more emphasis on democracy in various fields, whereas the concept of state centered and statism was less emphasized so that the situation and condition of primary, secondary and tertiary needs happened more leads to instability.

scholarly journals Current Issues of Qualified Legal Assistance in the Post-Soviet Space

2020 ◽  
Vol 2020 (3) ◽  
pp. 257-263
Author(s):  
Nurana Gurbanova ◽  
Semen Raspopin ◽  
Nikolai Iurtaev ◽  
Dmitrii Bardokin
Keyword(s):  
Law Firms ◽  
Legal Assistance ◽  
Legal Analysis ◽  
Legal Aid ◽  
Public Authorities ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Republic ◽  
Definition Of ◽  
The Right

Modern processes of regulation of the legal market in Russia and other post-Soviet countries take place in the context of the right to qualified legal assistance. The authors used a set of such comparative legal methods as synchronous and intra-system comparison, as well as problem-chronological and formal legal methods. The paper focuses on the definition of qualified legal assistance and its criteria. The research involved a group of entities that provide qualified legal assistance: public authorities, civil society institutions, i.e. bar, notary, legal clinics, public associations, etc., commercial organizations, and individual lawyers. The comparative legal analysis featured qualified legal assistance in the countries of the Eurasian Economic Union. A key aspect of the right to qualified legal assistance is the state system of legal aid. The article describes Russian and Belarusian models. The authors believe that there is no appropriate definition of qualified legal aid and that the bar holds the dominant position in the professional lawyers' community. Some countries of the Eurasian Economic Union preserved Soviet experience of bar associations. These countries demonstrate some specific traits of advocacy activities. For instance, institutions of legal consultants function as an alternative to the bar. The Republic of Armenia declared legal practice a business activity. The Republic of Belarus legally regulates specialized bar associations, e.g. legal counseling and law firms that specialize in a particular branch of law. As for free legal assistance, Russian model proved to be more advanced than that of Belarus, as Russia has no statutory mechanisms for obliging legal firms to provide free legal assistance at their own expense. In addition, Russia has a wider range of population categories entitled to receive free legal aid. Another advantage of the Russian free legal aid system is a detailed regulation of the status of legal clinics.

scholarly journals Design of The Position Consultative Assembly Before and After The Amandement of State Constitution of The Republic Indonesia

2021 ◽  
Vol 15 ◽  
pp. 266-275
Author(s):  
Connie Pania Putri ◽  
Suci Flambonita ◽  
Erniwati Erniwati ◽  
Diana Novianti
Keyword(s):  
Political System ◽  
Vice President ◽  
Political Life ◽  
Governing Body ◽  
State Constitution ◽  
The People ◽  
Before And After ◽  
The Republic ◽  
The Right ◽  
Election Commission

Indonesia’s political system changed  after the amandment of the state’s constitution. As a consequence, significant changes in the system are inevitable, one of which is the paradigm of its governing body. The amended constitution states that all governing bodies are level, not placing its people’s consultative assembly at the highest position of the people sovereignty manifestation at the fullest. The changes in the state’s governing bodie’s position causes transposition of their tasks and authorities. The previous assembly’s authority, bestowed by the constitution, limits itself into not having regular authority except inaugurating selected president and vice president according to the statutes of the General Election Commission once in five years. Nevertheless, a further discussion may lead to a finding that, in practice, the assembly’s authority is substantively fundamental for Indonesia’s political life. It has the right of amending and ordaining the constitution, for example, which is crucial for the politic since 1945 State Constitution of the Republic of Indonesia is the highest of all laws and regulations.

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