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The adoption of a zoning plan or any change to it may result in an increase or a decrease in the value of real estate. In the case of increased property values, the Law on Spatial Planning and Development provides for a possibility for zoning fees to be determined by municipalities. The research thesis of the article is the statement that planning fees are not fully enforced due to property owners appealing against the decisions on establishing the fees. This paper aims to analyse the scope of the adopted local zoning plans in Cracow as well as zoning fees, charged relative to the increase in real estate value.
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UN envoy Vitaly Churkin blames breakdown of ceasefire on Syrian rebels, dismisses reports of mass killings in eastern Aleppo as faked.
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Legal status of the staff from local government, which is well defined, provides these public authorities efficient governance.Purpose of the present article is to study the normative acts and the literature concerning of the legal status of persons of local public authorities, for based on the analysis to make some proposals for improving the Moldovan law on the modernization of the activites of the staff from public local administration.
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As the U.S. presidential election hits high gear, the candidates and U.S. government won’t let the infiltrations earlier this year fade away.
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This article reviews the literature on relations between user charges and expenditures for local services, which allowed to formulate the expected directions of relations in order to conduct a research in a group of 65 cities. The study negatively verified the hypothesis of a negative relationship between revenues from user charges and expenditures on the services, both globally and for selected services.
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In Poland, municipalities play a key role in pursuing the housing policy focused on satisfying the housing needs of the local community. The housing stock of a municipality was separated mainly to satisfy the housing needs of households which achieve a relatively low income and are not able to cope with this task alone. Therefore, a municipality should take all actions which promote the effective use of the existing housing stock. However, because of burdens arising from the transformation of the previous economic system, actions taken by municipalities in respect of housing are often not able to meet the needs of part of the local community. In the article the authors indicate the specificity of the problems in the field of housing policy of Krakow Municipality (KM) and the ensuing KM activity in the management of the owned housing stock in the view of the applicable law.
More...a Basic Pillar of Democratic State Ruled by Law
The leading aim of this paper is to portray the constitutional institution of compensation liability for unlawful acts of public authorities in Polish law related to the development of general principle concerning democratic rule of law. Compensation for damages brought upon the citizens by civil servants constitutes a basic pillar of contemporary democratic state, because it guarantees acting by public authorities in compliances with law and deepen trustfulness. It is also said that the state of the above–mentioned institution indicates the development of democracy.
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We consider the concept and attributes of the functions of a legal system and analyze their peculiarities. Great attention is paid to the integrative function of a legal system, regarded as the most important one since it ensures integrity of both legal system and society in general. We study regulatory and protective functions peculiar to both law and a legal system, as well as the function of legal socialization, the function of value orientation, and the information function of a legal system. We believe that an individual function of law may be included in the content of various functions of a legal system. The functions of a legal system and the functions of law depend on the peculiarities of legal family.
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This article presents and analyses the postconflict peacebuilding actions in Kosovo. It aims to bring a picture of external and internal actors involved in such a process from the end of the conflict up to date. The article challenges peace process in Kosovo through the issues emerging in the Society due to the unsettled status enduring as of Security Council Resolution 1244. It is structured into three sections. The first section analyses the postconflict peacebuilding and statebuilding actions undertaken by external and internal actors right after the conflict. The second section deals with the issue of transitional justice as a key element on peacebuilding and how it was addressed. Whereas the third section analyses the current situation of the population with the issues inherited from the conflict and others emerged due to undefined actions of external and internal actors.
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Conceptually, security concept is always tend to expand its own limitations. Current global events, emerging new situations and resulting needs in this area often make the changes obligatory and inevitable. Today, the fight against crime and criminality follows a path which aims to identify and clarify the crime beginning from the emergence of the criminal activity until the capture and detention of its actors, and finally dealing with them through judicial process and prison. However, often its social costs and damage as well as its impact on the sense of trust in the community have been ignored. This study analyzes and assesses modern techniques which are available to use against criminal activities and organizations.
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It is universally accepted that an arbitral award can be challenged if the arbitrator did comply with the agreement of the parties (cf. Art. V of New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958). However, theory and practice do not always meet. Many jurisdictions seem to allow the arbitrator to deviate from such agreement without effect to the award. The article focuses on the question as to which extent the arbitrator is bound by the state/national law chosen by the parties or applicable but by virtue of international private law. Common wisdom has it that an arbitral award cannot be annulled or denied recognition because the arbitrator erred in the interpretation of the substantive law. Author accepts that in a motion to challenge an arbitral award the state court shall not act as some kind of court of appeal. Therefore, arbitrator must not apply the substantive law in the same way the courts of the respective country do, but he is obliged and the state court is competent to review, whether the award has been made in accordance with the agreement of the parties. To this end, the arbitration clause must be carefully interpreted to find out what the parties by choosing, e.g., Swiss law really meant: namely, “law” and not a paralegal regime like ex aequo et bono, as well as “Swiss” – and not German, English etc. Unless this is shown in the reasons of the award, it may be annulled or denied recognition for not being in accordance with the agreement of the parties.
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The paper is devoted to the study of issues related to the participation of Russia in the international system of intellectual property protection. The relevance of this research is determined by the role of international treaties in protection of the rights of foreign authors in Russia and Russian authors abroad. The modern system of universal international treaties in the field of intellectual property protection, as well as the history of Russia’s accession to international treaties in the aspect of implementation in the Russian legal system and unification of the Russian legislation in this sphere are shown. International treaties of the Russian Federation are part of its legal system. Therefore, it is important to show the role of international treaties in the field of intellectual property with copyright laws. They influence the creation of laws. Some topical issues in the field of international protection of intellectual property rights associated with copyright restrictions, the removal of which is possible by conclusion of additional international agreements, are emphasized. The conclusion is drawn on the basis of the research results that the Russian Federation is a full member of the international intellectual property protection system, which is the basis for effective protection of the rights of foreign authors and Russian authors abroad.
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The paper considers the main problems of state-private partnership agreements and public-private partnership agreements as civil law contracts, as well as their inherent characteristics distinguishing them from other civil law contracts. The legal nature of partnership agreements, their material terms, as well as the main rights and obligations of the parties are revealed. The relevance of this research is determined by the fact that the Federal Law no. 224-FL “On sate-private partnership, public-private partnership in the Russian Federation and amendments to certain legislative acts of the Russian Federation” of July 13, 2015 entered into force on January 1, 2016. This federal law aims to create a legal environment for attraction of investment in the economy of the Russian Federation and increasing the quality of goods, works, and services, the availability of which is ensured by the state and local public authorities. The federal law determines the main principles of legal regulation of relations arising from formulation of the project of state-private and public-private partnership, as well as conclusion, execution, and termination of state-private and public-private partnership agreements, including the corresponding competences of state and local public authorities, establishes the security of rights and legal interests of the parties of state-private and public-private partnership agreements. Based on the results of the study, the conclusion is made that state-private and public-private partnership agreements are complex in nature. They can be regarded as mixed contracts that sometimes contain claims from unidentified sources.
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The Russian civil law and practice have undergone major changes aimed at improving the legal normalization of relations and the modernization of private legal practice in the spirit of the disposition method of regulation. The legal approach, according to which any rule that defines the rights and obligations of the parties to the contract should be interpreted by the court on the basis of its spirit and legislative regulation purposes, is conceptual for interpretation of the rules. It eliminates formalism in the law enforcement practice. To illustrate the essence of this approach, the authors refer to the analysis of the provisions of Article 452 of the Civil Code of the Russian Federation (the Civil Code), which allows to find out what kind of sense is put by the legislator in the requirement for pretrial settlement of the dispute on change (termination) of the contract, which turns out to be a mandatory step for bringing the case to court consideration. On the basis of interpretation and study of the judicial practice, attention is drawn to the fact that the provisions of Article 452 of the Civil Code should not be understood purely formally and are designed solely for the court to unsure that attempts to pretrial resolution of a legal conflict were made and are exhausted. This approach to interpretation of the provisions of Article 452 of the Civil Code is consistent with the objectives of legal regulation and does not create unnecessary obstacles to implementation of the rights of the bona fide participants of civil relations.
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The paper is devoted to some conceptual issues of reforming local self-government in the Russian Federation, which are incorporated both in the latest legislative regulation and in the decisions of the Constitutional Court of the Russian Federation. The relevance of the research is determined by the search for an optimum model of local self-government making it to be embedded in the system of public power that has been performed at the legislative level of Russia for many decades. The research is carried out with the purpose to identify problems in the legislative regulation of issues concerning the territorial organization of local self-government, as well as to elaborate a model that would be acceptable for arrangement of the relations between federal, regional, and local authorities. One of the key issues and important directions in the studied problem is expansion of the powers exercised by authorities in the constituent entities of the Russian Federation regarding regulation of the relations in the system of local self-government. The latter is important from the position of assessment of the constitutional regulations on the independence of local self-government, as well as the right of the population to independently determine the structure of the local government and the right of the federal and regional legislators to consolidate the general principles of organization of local self-government. The latest legislative innovations have introduced a number of changes in the model of differentiation of powers in the sphere of organization of local self-government. That allows to indicate a decisive role of the constituent entities of the Russian Federation in the matters concerning the order of organization of local self-government. Enhancing of the role of regional authorities is explained by the desire of the legislator to expand the influence of public authorities on organization of the local self-government system, thereby to legalize the actual and not always simple and clear relationship between the heads of local municipalities and the constituent entities of the Russian Federation. Among the revealed innovations, the key role in the search for an optimum model of organization of local self-government is given to decisions of the Constitutional Court of the Russian Federation. The authors of the paper analyze the recent decisions of the Constitutional Court of the Russian Federation in the sphere of local self-government. Attention is focused on the doctrinally important conclusions made by this judicial body for further reforming of the territorial pattern of local self-government. The conclusion is made about the need for extension of the legislative powers of the constituent entities of the Russian Federation that would expand the variability of legal regulation and would create a variety of tools to evaluate and select the most effective legal mechanisms for achieving the objectives of municipal government.
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With both increasing competition among enterprises and development in technology in parallel with strengthening measurement mechanism, gradually increasing proportion of waste and loses that come to the fore today has become more important. In this context, the basic issue that people-oriented organizations weigh on appears to stand out is employee productivity. The studies on employee productivity focus on how to increase employee effectiveness and the ratio of output over input and also hiring and dismissal of employees on the basis of performance evaluation and human resource management. In this scope, it is imperative to determine the significance impact level of motivation on employee productivity and to handle motivation which has been supported by previous studies in this area that shapes the current/future studies and also to assess its impact on employee productivity. This study tries to show how motivation concept is perceived by employees, of the motivation factors which ones are more effective on employees and their productivity.
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Conditions are very different in the different parts of any country, and the quality of life as well as the impacts produced on the environment depend on a variety of local factors of environmental, economic and cultural nature, and every action must cope with such local conditions, traditions, and attitudes. Thereby one of the approaches on assessment of sustainable development could be based on subjective evaluation of citizens of certain municipality. During 2010-2012 in Salaspils municipality (Latvia) the SPIRAL methodology for measurement of subjective well-being indicators using co-responsibility approach was approbated, which was the basis for establishing the more efficient dialogue with citizens. This research showed results related to sustainable development as well – the methodology provides alternative subjective sustainable development indicators which provides the reach material for local authorities in decision-making process. Taking into account all mentioned before the purpose of paper is to analyse the results conducted during this research related to subjective sustainable development indicators contrary to objective sustainable indicators of municipality.In order to achieve the aim the tasks are formulated as follows: 1to review theoretical background for responsible sustainable development at local level; 2to analyse best practice of municipalities in ensuring the citizens’ engagement in promoting sustainable development in the municipality; 3to present the methodology of conducted empirical research at Salaspils municipality on assessment the well-being at local level and relation to sustainable development. Research methods used: scientific literature studies, several stages of focus group discussions, statistical data analysis, SPIRAL methodology, scenario method.The main findings of the paper – subjective evaluation of economic, social and environment differs from objective measures. It could be explained by the fact that subjective indicators capture the satisfaction of inhabitants by certain moment. In addition, objective indicators don’t show the level of satisfaction what brings each measure unit (EUR, %, etc.). Also the subjective perceptions of inhabitants affects mentality, culture and other background factors. In addition, it is crucial for sustainable development of the territory to ensure that society is effectively involved in preparation of planning documents of the municipality. It is proposed to use co-responsibility approach in definition and implementation of activities towards sustainable development of municipality.
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