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Development of the Institution of Administrative-Territorial Structure of the Russian Federation
No full textThe purpose of this article is to investigate the problems of the administrative-territorial structure of the Russian Federation. The study reviews the work of leading researchers in the field of constitutional law and deals with regional aspects of the problem based on the example of the Stavropol Territory. The research method used is a qualitative research method by adopting a comprehensive research approach to investigate challenges related to the administrative-territorial structure in Russia, with a special focus on the Stavropa Region. The results of the study indicate that adequate federal legal requirements regarding the status of Caucasus Mineral Water have not been provided
Electronic Judicial Procedure as an Element of Access to Justice Regarding Protection of Rights of Individuals: Legal, administrative, Theoretical and Informational Aspects
No full textThe purpose of the research is to consider electronic judicial procedure as an element of access to justice regarding protection of rights of individuals. Main content. It has been established that that certain elements of digitalization of social processes change the social space and, in particular, the mechanisms of judicial proceedings. In the process of the development of society, certain factors came to life and these factors led to the growth of the role of information, and therefore to a clearer allocation of the information function in the field of jurisprudence. Development of society and science requires introduction of new technologies into the judicial system of Ukraine. Methodology: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. The following conclusion was made that the need to use information technologies in the judiciary is due to the global informatization of the modern society, the development of new forms of interaction in the civil sphere with the use of electronic means of communication: the global Internet, mobile and satellite communication systems, etc. “Electronic justice” involves the use of information and communication technologies in the process of implementing procedural legislation. The novelties of the judicial system are aimed at expanding accessibility of justice in conditions of territorial peculiarities of the Ukrainian state, improving the quality of the process and efficiency, achieving transparency and openness of the judicial system.Key words: electronic judicial procedure, access, justice, protection, rights of individuals
The Government\u27s Intervention in Functioning the Central Bank of the State Bank from the Practices of Vietnamese Law
Full text linkThis paper aims to clarify the relationship between the organizational model of the Central Bank of Vietnam and the Government. In this model, the Government has many rights to intervene directly in the implementation of the central bank function of the State Bank of Vietnam. Such direct interventions have forced the monetary policy to run or depend on fiscal policy and have been forced to pursue the short-term goals of the Government. The State Bank of Vietnam (SBV) must still supply the Central Government Budget with an amount of money through advance payments to deal with the temporary deficit in the State Budget under the Prime Minister\u27s decision. This made the stability (in the long –term) of monetary value and the sustainable development of the national economy of the central bank become very difficult. The State Bank regularly has to focus a lot of resources on maintaining the stability of the monetary market by resolving the market\u27s hot spots or handling weak credit institutions by administrative interventions...under the Government\u27s requirement that has reduced the independence of the SBV when performing the central bank function
Termination of a Criminal Case (Criminal Prosecution) Due to the Imposition of a Court Fine
Full text linkCriminal cases in Russia often hinge on a critical decision during the preliminary investigation stage: whether to proceed to trial or terminate the case. While various grounds for termination exist, one central condition revolves around the compensation or reparation for harm caused by the crime. This article examines the termination of criminal cases through court fines to compensate for the damage caused by crimes. The research utilizes the general scientific method of cognition for detailed examination and analysis, the systematic approach method for procedural considerations, and methods of analysis and synthesis to identify law enforcement challenges. The study systematically analyses the legal provisions and judicial practices related to imposing court fines since 2016. Results indicate that total compensation for harm is crucial for applying termination grounds under Article 25.1 of the Criminal Procedure Code. Voluntary harm compensation often leads to the termination of criminal cases, effectively preventing the creation of a criminal record for the accused
Indian Judiciary on Domestic Violence: Decoding Recent Trend
Full text linkThe stark malignancy of domestic violence which is also referred as intimate partner violence on the state of women hood can be determined by the prevalence of it in the present society. It bears to push women to the brink and fringes of deemed societal ladders. The brunt of domestic violence lead to exploitation of women be it in the form of physical or be it mental and occurs chiefly in their matrimonial homes. The detrimental effect of this abuse and exploitation regrettably imprints itself not only on the suffering females but to the entire family including children which in turn causes monetary, health and societal issue and concerns. What separates domestic violence from other crimes and abuses is that in Domestic violence there is familial interrelatedness and hence the victim is a known of the complainant. In contrast to the modern trends of raising the bar of rights for women the domestic violence is considered as a major road block and its waning as precursor for the society to bring female rights at par. However, on the other spectrum an alarming fact has been observed by the judiciary about the registration of sham cases against the husband or his family members or both for the purposes of harassment or extorting money. To carry off the said object the complaints are registered by overstating the facts, by addition of conjectures, overplaying the financial conditions of the husband or his family and misrepresenting relevant facts and materials. The supreme court opined in Rajesh Sharma v. State of U.P. that the bulk of the cases are filed impetuously and over trifling matters. To comprehend the say of Indian judiciary on instances of false domestic violence and sham complaints registered by the complainant, secondary data-based research is conducted. Landmark Judgement from the apex court and different High Courts are also analyzed. Endeavor has been made to appreciate the liabilities and legal rights of both the parties in the cases of intimate partner violence which is perpetrated towards one another
Legal Culture Obligation to Submit Tax Data and Information from Agencies, Institutions, Associations, and Other Parties
Full text linkLaw Number 28 of 2007 and Government Regulation Number 31 of 2012 mandate the provision of tax data by government agencies, institutions, associations and other parties (ILAP) to the Directorate General of Taxes (DJP). Even though criminal sanctions have been regulated, the implementation of these obligations is not optimal. DJP adopted alternative methods, such as a Memorandum of Understanding/MoU, to obtain tax data from ILAP. This research uses a research method that focuses on positive law with the theory of legal certainty by Gustav Radbruch, the theory of authority by Max Weber, and the theory of taxation by Adam Smith. The results of the research show that there is a discrepancy in the implementation of the obligation to submit tax data with positive law and the theory of legal certainty. Steps are needed to create a Memorandum of Understanding/Agreement/MoU up to a Cooperation Agreement by the DJP with ILAP to make the obligation to submit tax data and information from ILAP run smoothly in accordance with the study. theory of authority by Max Weber. To realize legal certainty in these regulations and to increase state revenues in accordance with the study of tax theory by Adam Smith, it is recommended that there be changes to norms in Law Number 28 of 2007 by adding an article regarding the making of a Memorandum of Understanding/MoU/Cooperation Agreement to increase legal certainty. and contribution to state revenue.Keywords: Reconstruction of Obligations; Data Submission; Tax Information; Legal certaint
Discrepancy in the legislative regulations governing the education of advocates in Indonesia
Full text linkThis paper aims to describe the legal confusion that arose after the Minister of Research and Technology of Higher Education Regulation No. 5 of 2019 on the Advocate Professional Program was passed. One of the clauses in this regulation has stipulated that the Advocate Education Program is organized by a tertiary institution that has the accreditation value “B” and collaborates with advocate organizations while the Constitutional Court Decision stipulates that Advocate Professional Special Education is organized by Advocate Organizations in collaboration with tertiary institutions that have the accreditation value “B”. In addition, the factors that cause the legal confusion and how it affects the advocate education after disharmony are also the focus of this article. To reveal the various legal perceptions related to this theme, the author uses a qualitative method with a juridical normative approach. The data and information can be had by data of library and the several articles related to up-to-date themes in Indonesia. The conclusion in the article is that the legal chaos that occurred was caused by the factor of sectoral ego, the law-making factor, the weakness of Legal education, and the accountability of Advocate Education Financing. second, the implementation of advocate education had not yet had the formulation and standards, both for the Ministry of Research, Technology and Higher Education, that it is all legal education in tertiary institutions and for the various advocate organizations. To anticipate the four issues that have been discussed, it is deemed necessary to conduct legal deliberations in providing win-win solutions
Implementation of party projects as a way to strengthen the image of a public organization
Full text linkThe purpose of the article was to identify the attitude of the population toward the Moscow Regional regional branch of the United Russia Party to improve the image of this public organization. Special sociological methods were used, including qualitative analysis of documents, secondary analysis of research results, survey methods. Based on the results of the survey, it was revealed that the implementation of party projects is a significant tool for forming the image of political organizations. An attractive image of an organization is the most important condition for its political success, which helps to bring the electorate to its side
Analysis of Law Enforcement Problems Related to Crime of Environmental Degradation Caused by Corporations in Indonesia
Full text linkCorporations are part of industrialization that destroys the environment. Air pollution has damaged the environment. Criminal action against corporations for destroying the environment must provide a sense of justice. This study intends to examine the obstacles in handling corporate crime, which cause environmental damage, and how to deal with a corporate crime based on the value of justice. In this research, a philosophical approach was taken, namely the study of a case in terms of the ideal in the future. The study results found that there were obstacles in handling criminal cases of environmental destruction, such as those related to regional policies on investment, strong backing, and compensation, which then eliminated criminal cases. The Environmental Law regulates corporations\u27 handling of criminal acts of environmental destruction. Accountability, in this case, is carried out by the business entity and the person in charge of the business entity. A crime can be applied to the management and owner of a corporation as a business entity. An offence is needed for corporations destroying the environment based on justice
Peculiarities of the principles of criminal and administrative law during the provision of the right to education in the conditions of the introduction of martial law: legal regulation and international standards
Full text linkThe purpose of the research is to consider the essence of principles of criminal law and the particularities of their implementation under conditions of war. It has been substantiated that the main idea of criminal law principles consists of their systematic, balanced, comprehensive performance in relation to subjects of criminal legal concerns. The mentioned principles apply to law-making and law enforcement, both in peacetime and wartime. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, and methods of analysis and synthesis. A conclusion has been made about the necessity to observe human rights standards in prosecuting persons who have committed crimes against humanity and have been involved in such crimes. The civilized world must meet civilized standards and ensure security through civilized means