Hasil untuk "Civil law"

Luigi Izzo

The relevance of the space sector is increasing, with reference not only to the traditional telecommunications satellites but also to Earth Observation satellites, equipped with increasingly sophisticated electro-optical, radar and spectrographic payloads capable of collecting increasingly precise and well defined data. This space race sees the participation above all of private entities that carry out extensive data collection, with the sole aim of making it profitable. In this light, the aim of the paper is to specifically analyze the issue of personal data processing, also with regard to the latest advances in the field of sensors and access to space. La rilevanza del settore spaziale sta aumentando, con riferimento non solo ai tradizionali satelliti per le telecomunicazioni ma anche quelli per l'Osservazione della Terra, dotati di payload elettro-ottici, radar e spettrografici sempre più sofisticati e in grado di raccogliere dati sempre più precisi e definiti. Questa corsa allo spazio vede la partecipazione soprattutto di soggetti privati che effettuano un'ampia raccolta di dati, con l'unico scopo di renderla redditizia. In quest'ottica, l'obiettivo del documento è quello di analizzare nello specifico la questione del trattamento dei dati personali, anche in relazione agli ultimi progressi nel campo dei sensori e dell'accesso allo spazio.

Hilda Kurnia Ningsih, Richard C. Adam

This research paper provides a comparative analysis of the legal frameworks governing the delisting of issuer shares in Indonesia, the United States, and Singapore. Using a normative legal research approach, supplemented by interviews with members of the Financial Services Authority (OJK) and a Member of the House of Representatives Commission XI, the study explores how each jurisdiction addresses the delisting process, particularly focusing on the protection of minority shareholders . The analysis reveals that Indonesia's legal system, influenced by its Civil Law heritage, contrasts with the Common Law approaches of the US and Singapore, especially in terms of shareholder involvement in voluntary delisting and the specificity of conditions for forced delisting. The study suggests enhancements to the Indonesian framework, such as clearer guidelines for shareholder approval in delisting decisions and more transparent criteria for forced delisting. These recommendations aim to improve the protection of minority shareholders within Indonesia's Capital Market.

Haeratun Haeratun, Fatahullah Fatahullah

Mediation is an alternative form of dispute resolution that has grown and developed along with the growing human desire to resolve disputes quickly and also to satisfy the litigants. The purpose of the study was to determine and analyze the effectiveness of mediation as an alternative to divorce cases at the Mataram Religious Courts and the Praya Religious Courts NTB. The research method includes the type empirical/socio legal research, while the approach used is a socio legal approach. The results of this study are that the success rate of mediating divorce cases at the Mataram religious court and the Praya religious court is still very low because there are still many mediator judges in the religious court who have not been certified so that they do not have the skills to seek peace for the parties, in addition to inadequate facilities and infrastructure.

A. V. Malko, S. F. Afanasiev, V. A. Terekhin

The subject. The authors analyze the process and results of 30 years of reforming judicial activity in contemporary Russia, formulate and substantiate the conceptual foundations of promising transformations and specific proposals for continuing the reform, increasing the efficiency of the judicial system and protecting human rights, freedoms and legitimate in-terests.The purpose is to confirm or disprove hypothesis that the Russian judicial reform needs to be adjusted in order to remain the most important factor in building the rule of law and civil society.The research methodology includes the methods of analysis and synthesis, historical, com-parative legal and formal legal methods.The main results, scope of application. The court is one of the most democratic and civilized tools for resolving social conflicts and protecting human interests. Judicial reform is a con-ceptually formed, cardinal and progressive transformation carried out in the historical pe-riod in order to organize the optimal model of the judicial system and achieve maximum efficiency of its functioning to protect the rights and freedoms of the individual, the inter-ests of society and the state. The Russian court was transformed, became the real judiciary power and took its place in the state mechanism during the reform period. The judicial sys-tem was built on new principles, procedural legislation was updated, a number of other measures were taken to improve the status of the court and its role in society. It is necessary to generalize the existing practice and regulate all problematic aspects of the formation of the judicial corps at the legislative level. We need to make this process clear and transpar-ent. Justice as a social and legal value and a significant international goal of sustainable development should be implemented in Russian domestic policy and strategic projects. The strategy and tactics of digital transformation of judicial activity, more active introduction of modern tools in it, while ensuring human rights and freedoms in this process, are particu-larly in demand in the context of the coronavirus pandemic,The conclusion is made that judicial reform is the most important factor in building the rule of law and civil society. However, it has not been completed and its potential for social influence has not been exhausted. Therefore, conceptual foundations and specific proposals for further transformations, increasing the efficiency of the judicial system in order to protect human rights, freedoms and legitimate interests have been formulated and substantiated.

Flávia de Sousa Marchezini, Eduardo Silva de Paula

This article relates the technical proof and the characteristics of the environmental good, demonstrating that this proof is the most appropriate and impartial for the environmental legal procedure. The characteristics of the technical proof are presented in the new Civil Procedure Code, as well as the legal principles of Environmental Law and the characteristics of the environmental good. Lastly, the interdisciplinarity between the natural sciences and the environmental process is demonstrated through the forensic technical proof, as well as its correlation with the constitutional principle of the requirement of preliminary studies, seeking material truth and the best guardianship of ecological balance.

M. Demirbağ, G. Wood, Dilshod Makhmadshoev et al.

Ekaterina S. Shugrina

The subject. The article discusses the current model of municipal control in Russia, analyzes the relevant regulations and judicial practice.The purpose of the article is to confirm or refute the hypothesis that municipal control can be effective from the standpoint of ensuring the security of the urban environment.The methodological basis of the study includes general‐scientific methods (analysis and synthesis, system‐structural approach) as well as academic methods (formal‐legal method, method of interpretation of legal acts).Results and scope of their application. The quality parameters of the urban environment are closely related to the issues of local importance, for the solution of which the local authorities are responsible; secondly, safety is one of the criteria for assessing the quality of the urban environment, so the local authorities should have tools to influence its improvement. One of such instruments is municipal control exercised by local governments or their officials. De facto municipal control smoothly flows from the sphere of public relations into the sphere of civil law relations due to the control functions of the owner of his property. This may affect not only the concept of municipal control, but also the features of the de‐ limitation of municipal control from related types of state control (for example, in the field of land control, etc.). The analysis of normative acts and the existing judicial practice allows to conclude that the existing concept of municipal control is a gap and internally contradictory. It leads to a diminution of the control activities of local governments, inefficient spending of budget funds. In addition, this means that local governments do not have effective mechanisms to ensure the security of public spaces.Conclusions. The article refutes the hypothesis of the effectiveness of municipal control in Russia from the standpoint of ensuring the safety of the urban environment. Local governments, as a full‐fledged and equal variety of public authorities should have a mechanism for the implementation of municipal control, especially in terms of compliance with the requirements established in municipal regulations. This is particularly important for the security of the urban environment.

D. A. Afinogenov, E. Yu. Kochemasova, S. N. Sylvestrov

The purpose of the proposed article is to identify the range of challenges and their solutions related to the practice of implementation of the Federal law “On strategic planning” in 2015–2018. The authors revealed the causes of redundancy, the inconsistency of strategic planning documents, different in level and importance for public administration. We showed that the lack of interconnection of goals and criteria for their achievement at different levels of management and between ministries (departments), the lack of a generally accepted methodology for the analysis and evaluation of the implementation of strategic decisions reduces the importance of strategic planning as an important means of improving the efficiency of public administration. Particularly, we noted that the unbalanced system of strategic planning hinders the pace of economic development and weakens the country’s ability to ensure economic security. The article reveals the measures that can and ought to be taken by the state, business and institutions of civil society to overcome the barriers and difficulties of implementing strategic planning.

Mirza Mehdi salari, Khalil allah Sardarnia

In the recent decades, Iran has been faced with this challenge too. The research question is that, by using of systemic formwork, what are the important approaches related to crimes pre-emption in Iran? The important crimes pre-emptive approaches consist of: boost of communicative and information approach between judicial system and society, civil associations, elites and citizens, boost of civil and informal control frameworks, serious using of socio-cultural control frameworks and new-institutional capability- building in judicial system as well as a serious willing to crime pre-emption and law sovereignty. The final conclusion of research is that, in spite of legal frameworks and new institutional capability building, yet the judicial system has not been complete successfulness in pre-emption of crimes. Earning of this aim entails using of mentioned communicative-systemic approaches and security and economics ones that needed another researches. This study has been conducted with analytic- theoric method and functional approach by using of systemic theory and model in pre-emption of crime.

Paul–Marie Moyenga

The situation in Burkina Faso is at the heart of a conflictual relationship between official provision and the system of community referencing, through the imposition in recent years of matching the "name" of "children" with that of the father from the beginning first vital document that is the birth certificate. This contradicts the principle of identifying "children" in certain communities, especially among the Lyele, a social group where children have different "names" depending on whether they are girls or boys. This upsets the daily life of this community where the law institutes virtual identities that create a cognitive conflict, a signifying/signified opposition that upsets the intelligibility patterns of reality.Thus, this contribution seeks to show that, because the lyele identity is the product of a cultural construction of the feminine and of the masculine, the standardization of the genders that the civil status brings raises the confusion in this society with differentiated statutes and sounds like a questioning of their cultural identity.

Бекирова Фатима Султановна

Статья посвящена современному толкованию такого понятия, как государственный суверенитет в условиях глобализации. Интеграционные процессы, развитие цивилизации, открытость стран к взаимодействию с другими странами, установление межгосударственных связей, взаимозависимость стран и их народов в политической, общественной и международной жизни обусловили необходимость новых трактовок понятия государственного суверенитета, отличающегося от его первоначального значения и понимания, в связи с чем встает вопрос о целесообразности сохранения прежнего понимания государственного суверенитета. В настоящей статье указано, что глобализация в целом способствует изменению и ограничению суверенитета, и при этом сам процесс имеет две стороны: вопервых, усиливаются внешние факторы, изменяющие государственный суверенитет; во-вторых, существует ряд государств, добровольно идущих на ограничение суверенитета, что приводит к переменам в политике таких государств.

S. V. Knysh

The author of the article has studied the basics of legal liability for the commission of offenses in the sphere of health care in Ukraine. The author using the comparative and legal method has accomplished characteristics of legal principles of civil, administrative and criminal liability for health-related offenses in Ukraine. The author has indicated on the existence of three forms of civil legal relations, which may arise in case of a patient’s claimant appeal in regard to a health care institution, namely: 1) between a physician and a patient; 2) between the health care institution and a patient; 3) between a physician and the health care institution. It has been noted that the overwhelming majority of claims brought by patients to health care institutions are claims for the compensation for material and non-pecuniary damage caused by decline caused by inadequate quality of medical care. It has been found out that administrative liability for health-related offenses in Ukraine occurs, if these violations in their nature are not entrusted of criminal liability in accordance with the law. Criminal liability is the most severe form of legal liability of medical employees and pharmacists for offenses committed by them in the course of their professional activities. The author has offered to conditionally divide the crimes committed by medical employees in regard to the exercise of their professional activities, into: crimes against the life and health of a person (a patient); crimes against the rights of a person (a patient); crimes in the field of economic activity on medical practice; crimes in the sphere of drugs, psychotropic substances, their analogues or precursors trafficking; other crimes committed by medical professionals in regard to their professional activities. The author has studied the statistics of bringing medical employees and pharmacists in Ukraine to legal liability during 2013-2017. The author has supported the opinion that cases, where medical employees and pharmacists are the subjects, are admitted the most complex according to the degree of difficulty, because they need to find out special issues of medical nature. Most cases of bringing medical employees and pharmacists to legal liability are unjustified or inadequate. The author has defined studying the issue of modernizing public health management in the context of European integration as the perspective direction of further scientific research.

Philipp Reimer

Jakobus M. Vorster

This article investigates the idea of the ‘common good’ from a Classic Reformed perspective and the possibilities raised by a fresh approach to the concept for social action by civil society in South Africa today. The central theoretical argument of this article is that the new interest in the concept of natural law, as became evident in modern-day moral reflection in the Classic Reformed moral teaching, can indeed contribute to a new positive assessment of the concept common good and can provide a valuable framework for the foundation of reformed social action in cooperation with civil society in South Africa today. Firstly, the concept is discussed within the framework of the reformed idea of ‘natural law’ and the argument concludes with the finding that the concept can be accommodated in Reformed Theology. Secondly, a case is made for the cooperation between churches, other religious institutions and the broader civil society to cooperate on the basis of the common good and global ethics to address three areas of serious concern in the South African society. These are the promotion of the idea of human dignity within the social sphere with special reference to racism, xenophobia and sexism as well as the development of family life and family values, and the advancement of the idea of neighbourliness as a core ingredient of social healing and reconciliation.

E. V. Vershinina,, J. A. Stakheeva

In the article the authors give the main characteristics of conditions of transaction validity according to the Russian and French law. In Russia, as well as in France, a transaction (agreement) which does not meet any of these conditions may be recognized as invalid in part or in full. The conditions of transaction validity are not specified directly in Russian laws, in contrast to the French legislation. Russian lawyers share the opinion that the conditions of transaction validity include the following: the content and the legal result of the transaction must not contradict to law; individuals and legal entities performing the transaction, must have capacity to be a party to the transaction; the expressed will of the transaction party must correspond to its actual will; the will of the transaction party must be expressed in due form. French legislation, in particular, the French Civil Code in the Article 1108 directly specifies the following conditions of transaction (agreement) validity: the party, which undertakes its obligations, must express its consent; the parties must have the capacity to make an agreement; certain subject, which represents the obligation's content; causa of the obligation. Article 1108 of the FCC does not contain direct provisions regarding the form of the transaction. However, in order to be valid, the transaction must be executed in certain legally established form. Also the article deals with the main common and different features in Russian and French legislation and doctrine.

D. M. Engel, F. Munger

Christine D. Gray

1. Law and Force 2. The Prohibition of the Use of Force 3. Invitation and Intervention: Civil Wars and the Use of Force 4. Self-defence 5. Collective Self-defence 6. The Use of Force against Terrorism: a New War for a New Century 7. The UN and the Use of Force 8. Security Council Authorization for Member States to Use Force 9. Regional peacekeeping and Enforcement Action

Daniela Ciochină

We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law) in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products). Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

S. Peers

The legal framework regarding EU Justice and Home Affairs Law was changed fundamentally by the Treaty of Lisbon, so that the usual rules on decision-making, jurisdiction of the Court of Justice, legal instruments and legal effect are now largely applied to this area of law. The various issues falling within the scope of JHA law are now set out in Title V of Part Three of the Treaty on the Functioning of the European Union, which is divided into five chapters, beginning with general provisions, followed by chapters on immigration and asylum, civil law, criminal law and policing law. This paper examines the application of the new rules in practice, in particular the impact of extending QMV; the extended legislative powers of the European Parliament; the role of the Commission as compared to the Member States; and the role of national parliaments. It concludes that this area of EU law is now fully part of the mainstream, with the exception of the special opt-outs for three Member States. However, it now follows that some of the general problems of EU law apply to JHA legislation, and there are emergent problems ensuring that JHA legislation is applied in practice by Member States, in particular from the perspective of the ECHR.

Bruce Sterling