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Transitions Online_Around the Bloc-Uzbekistan Launches Latest Drive Against Polygamy
Economic and religious motivations alike are behind the rise in multiple marriages, observers say.
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Economic and religious motivations alike are behind the rise in multiple marriages, observers say.
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Determining the values embodied in the social ideal is one of the most important conditions for social development. Social ideals reflect the contradictions of reality and its dissatisfied needs. Social conflicts are solved by using the concept of an ideal social order, while the absence of the regulatory ideal of social ideas leads to unsystematic actions of social actors. One of the main causes of the crisis in Ukraine is the lack of social ideology and general definition of long-term goals of society. Ukrainian society needs a national idea, a key element of which is the idea of the ideal form of society, the state and law. Therefore the problem of law society as a social and cultural ideal is issue of the day.The discussion of law society as a social ideal is insufficient in philosophical and law studies. Some premises for the philosophical discourse of law society can be found in the writings of V. Nersesyants, E. Soloviev, A.Garnik, S. Maximov, M. Tsimbalyuk, Y. Kalinowski, V. Andrushchenko. The analysis of scientific sources and publications indicates that problems of philosophical study of law society as a social ideal in its relation to the legal reality and the possibility of its realization in practice are not sufficiently explored. So, determining the terms and conditions for the exercise of the ideal of law society as a social ideal is the objective of this paper.Social ideals are required as the most important elements of the structure of consciousness and principles of reality’s development and conversion. The law ideal is a variety of social ideal. Social law ideal is an idea whose implementation is desirable and proper. The idea of it must be based on critical analysis and realism and indicate the actual ways to improve the existing legal order. The main theme of this doctrine should not be search of final social perfection, but indications of the actual ways and means by which any order can be improved.One of the present ideals of social development is to build the law society. It provides for the principle of the rule of law, and its conditions of existence are the main institutional and non institutional components.The institutional are a civil society and a legal state. Non-institutional – they are person as an autonomous and responsible legal entity, values of absolute human rights and justice. According to S. Maximov, the first condition for the improvement of law are non institutional conditions of formation law community.To solve the problem of implementing of law society we should refer to the concept of M. Alekseev. He said, the legal concept consists of three levels: the legal entity, the legal values and legal rights and responsibilities.The first step towards the ideal society is the improvement the subject of law, the ideals embodied in the life by real people. Accordingly, the level of their historical consciousness and method of social creativity must be very high. So perfect subject of law becomes spiritually mature personality with a well-developed sense of justice, so that it becomes possible existence of a "healthy" institutions of positive law, ethics legal statutes and actual perfect order.The second step to achieve the ideal is a statement of law values. The subject of law knows nature of law, critically assesses the value of existing law and realize value through the creation of institutions that embody legal values. Thus, we achieve a just rule of law, with reasonable rights and duties of its members.The implementation the law ideal is dialectical, it is always possible and at the same time never unattainable. Rule of law is realized gradually, any historical period is presented as a partially implemented social ideal. So law society does not provide existence of any empirical reality. It is unfinished movement toward the ideal, a gradual process of improving the social order through confirmation, protection and guarantee of human rights, justice and the rule of law, but not a achieving the final of perfect social life. But the idea of possibility to reach it in a particular society is compulsory.The ideal of law society is historically variable phenomenon of legal culture and the model of social ideology and it highly dependents on the socio-cultural and historical context of attempts to implement it. Approximation to the ideal of law society assumes agreement with moral demands and standards to the extent it is possible in a specific historical and cultural community space. It is particularly important be aware of it in the development of national law ideal for Ukraine. It has to consider the geopolitical, socio-economic, mental and historical conditions of the national cultural and legal traditions.
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An analysis of occurring changes on the agricultural land market in Poland was the aim of the research. Poland has considerable resources of agricultural land. On average, on the 1 inhabitant fall 0.4 ha agricultural land. The constant shortfall occurs, predominantly as a consequence of handing of agricultural land on the non agricultural purposes. Resources of agricultural land in Poland, from the point of view of the ownership rights, may be separated into those, which are in private farmers ownership and those, which are qualified as the Agricultural Property Stock of the State Treasury. The agricultural land market in Poland is well developed and many different kinds of transactions are made on it. There were deep differences between transactions signed among neighbors and with the APSST. There were sold 2.5 million ha hitherto that were owned by the State Treasure. Transactions of the land tenancy play a significant role. The significant land transfer occurred as out of the market transactions, mainly as donations. Prices of land have been growing dynamically. In spite of that they are lower than these in the Western Countries.
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The article refers to the issues of the public security and order during the mass events, especially football matches. After the appropriate introduction to the topic and the presentation of the range of punishment, the author carries a detailed analysis of the particular offences related directly to the security and order, regulated by the Law Act on the security of mass events as of 20 March 2009. The analysis includes the statutory definitions of each offence as well as the statutory punishment for them. Finally, the author specifies and justifies the most urgent amendments to the Law Act, that refer to the subject offences.
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The purpose of this article is to present the legal nature of contracts for the collection and management of municipal waste, which are concluded between the municipality and the entity entered in the register of regulated activities in the field of collection of municipal waste from landlords, selected by tender, and indication of the consequences Legal classification of the aforementioned. agreements. The author's conclusions are as follows: the contract for the collection of municipal waste is in fact a contract of carriage, and the contract for the receipt and management of waste is to be treated as a contract of service. The consequence of such qualification is application to the aforementioned qualifications. Agreements, respectively, governing the carriage of goods or provisions governing a work contract.
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The aim of the article is to provide regulations on obstacles to the carriage of goods by road, both under national law and the provisions of the CMR Convention, and to compare them with those of other related instruments. The author analyzes applicable regulations and presents emerging practical problems while making their own assessment. The article also pointed out that under national law obstacles to transport were regulated in a narrower and less flexible manner than in the case of international rules. The author submits that deficiencies in national law relate to matters such as granting the right to issue instructions only to the broadcaster, the lack of possibility for the carrier to act on its own in exceptional circumstances, the narrowness of the carrier's claims and the inconsistency between the existence of these claims on the fault of the carrier. The general principle of liability of the carrier based on the principle of risk.
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The purpose of this article is to present the scope of responsibilities of the administrator who has entered into a property management agreement pursuant to Art. 185 paragraph 2 u.g.n. Studies have shown that, despite the deregulation of the real estate profession, which undoubtedly weakened the protection of entities entrusted with management services, it should be recognized that the specific legislation in force specifies the minimum statutory scope of managerial responsibilities, though only in a framework outline. This legal structure should be treated as a statutory law presumed scope of responsibilities of the administrator, which may be modified in the contract.
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The aim of the article is to present new legal regulations on the ordering of social services and other specific services in the light of the amended provisions of the Public Procurement Law. The new legal regulation simplifies the ordering process, leaving much room for its design. Due to the special nature of these services, it was decided not only to be a lighter regime but also a higher value threshold than the threshold applicable to other services. The new regulations also introduce proprietary contracts that can be provided to contractors who meet specific statutory requirements.
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The liberalization of the public service market, which results in an increasing share of the private and non-governmental sectors in servicing the citizen, makes it very important to ensure that the public service entity is properly selected. As a result, the provision of services to citizens is increasingly taking place in the public procurement system, ie on the basis of open and competitive procedures for selecting service providers, who then carry out the tasks specified in the civil law agreement with the public administration responsible for the public service area . Proper selection of contractors lies in this case not only in the interest of the contracting authority, but primarily in the public interest, because the public procurement fulfills the needs of a universal nature. This serves to verify the contractor's credibility, allowing him to determine both his "material" ability to perform the contract, such as knowledge, experience, technical and personal potential, and the overall "correctness" of his conduct in the course of his business.
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The aim of this article is to present the rules of making to a partnership a contribution the object of which is performance of work or services. The author draws attention to the need to apply the general provisions of the Civil Code on the implementation of obligations and the consequences of their failure to perform also the obligation to make such contributions. Irrespective of this, the provisions of the Civil Code may be applicable by analogy to the provisions of the Civil Code on specific service contracts of a nature identical to the nature of services to be provided by a shareholder.
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The opening of bankruptcy proceedings, including the liquidation of assets of the bankrupt company, affects the current agreements in which the debtor is a party. The effects of insolvency proceedings on the implementation of current contracts in which the debtor is a party can be divided into two groups. The first group covers the effects that have occurred since the opening of bankruptcy proceedings by law. Other effect groups provide the legal basis for the receiver to modify the current contracts, taking into account the specific circumstances of the debtor's situation. The Polish legislature does not seem to be consistent with regard to service contracts in the event of insolvency proceedings taking into account articles 98 and 102 of bankruptcy law. This article deals with the legal consequences of bankruptcy law relating to a service contract, indicating the need to protect the interests of creditors as well as the interests of third parties.
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Turkmenistan also reportedly restricting access for foreigners during its biggest-ever international event.
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Penal measure in the form of ban on entering gaming centers and participation in gambling did not appear in the original version of the Criminal Code from 1997 year. It was introduced into the catalog of penalties specified in the Article 39 C.C. by the law on gambling of 19 November 2009. he purpose of this study is to look more closely into regulations on this penalty. The analysis presents remarks on the merit of the ban, meaning of it in particular, scope, conditions for application, mode of judgment, duration time, and execution. Besides, exemplary offences described in detailed part of the Criminal Code are indicated, which, if committed, may justify court judgment. It is also noted that judgment of banning entry to gaming centers and gambling is not possible for perpetrators of offences specified in Chapter 9 of Fiscal Criminal Code. Therefore, the study also includes suggestions de lege ferenda. In conclusion, the statement introduced in Act of 19 November 2009 about gambling, was not well-thought-out. Thus, it does not provide or guarantee comprehensive implementations to the main objective of the introduction to the ban. That main objective being to prevent those who have committed previous or current offenses from participating in the games.
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The problem of determining the side of the legal relationship is crucial for its existence. The Gambling Act of 19 November 2009 created a number of questions concerning the definition of the entity for which the penalty may be imposed in respect of games on slot machines outside of casino. It requires the clarification of how the extent of such activities and characteristics allows the recognition of a particular entity as the organizer of the game and impose on him an administrative penalty pursuant to the provisions above. This issue is not clear because of the lack of statutory definition the slot machine manager. No precise terms used in the Gambling act lead to different interpretations of the law. The case law of judicial administration had to face the problems outlined above and, more importantly, to propose methods to solve them. The customs authorities issued a number of decisions on the imposition of administrative penalties. Many of them had to be assessed by the courts. In many cases, the parties that were punished with penalties, had argued that they should not be parties to the administrative proceedings. Punished claimed that the customs authorities have not shown their interest. The courts had to assess when it is possible to impose a penalty for offering games on slot machines outside of casino. Presentation of the indicated issues required analysis of judgments and administrative decisions. It was necessary to analyse the laws and methods of their application by the courts. This made it possible to identify the correct meaning of provisions. Analyzing the issues outlined author used the method of formal and dogmatic. Analysis of the Gambling Act showed that an administrative penalty may be applied to too many people. Penalties may apply to persons carrying out only ancillary activities. Penalties may apply to persons acting for the organizers of the game.
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The article describes the appliance of law in French and Polish legal systems and the role of jurisprudence in both jurisdictions. In France and Poland the functioning of general clauses is completely different and the aim of the paper is the presentation of thinking about law in both states by depiction of literature and judgements. As the example I chose the clause of ordre public due to the vast differences in operation of the institution in both legal systems. It is a general clause being one of foundations of French civil law whereas in Poland it functions only in very limited range. In French law the main regulation is included in Article 6 of Code civil. The further rules refering to ordre public in the field of contract law are placed in art. 1102 and 1162. In 2016 there was the reform of law of obligations in Code civil and the legal status before and after were presented. Ordre public is effectively used by jurisprudence in a number of cases in French civil law. Due to rare changes in Code civil French courts have much more freedom in deciding about legal cases than the Polish ones. French state very deeply interferes into the economy so the courts must be provided with legal instruments in order to deal with the problems and apply the rule of law to each case. In Polish law ordre public existed in art. 55 of Code of obligations (freedom of contract) but nowadays we can find only in Article 7 of international private law. Ordre public is the field of international private law is vital but courts are very cautious in its appliance, limiting its usage only to a few cases, such as denial of registration a homosexual union into civil registry. Why Polish courts are so uneager to use the clause? In our legal culture the judges are wary of general clauses and the operation of ordre public is just one of examples. This proves a different usage of general clauses in both legal systems and difference in legal cultures. French jurisprudence has an immense effect on the shape of law, courts actively apply the clause of ordre public while in Poland the verdicts are cautious. Way of thinking about law differs in both states despite the common heritage of Roman law and belonging to the tradition of civil law. In France the freedom of deciding about the cases in the major value while in Poland this certainty of verdicts is believed to be the most important principle.
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Research on the science of safety can be carried out various scientific methods, al-lowing to obtain the results of both a quantitative as well as qualitative. As part of the research you can use a wide range of methods, techniques and research tools. The publication aims to popularize the method of triangulation in research on local security. The author describes the characteristics and advantages triangulation method over other methods in studies of local security.
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Lukashenka foe Mikalai Statkevich’s protest actions have landed him in jail on many occasions.
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The LGBT rights are lately one of the aspects of a social and political discourse both in the Russian Federation and in Ukraine. In these countries of a common historical heritage there are some analogies in the perspecyive on human rights and thier realization.
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The curatores urbi, together with the prefects, are a part of the most characteristic Roman offices during the period of the principate. Thanks to the available source texts, particu- lary De aquaeductu urbis Romae, as well as thanks to the inscriptions, nowadays we have fairly precise information about the functions fulfilled by those officials. The doubts concern primarily the moment and the circumstances of the creation of the curatores urbi. According to Suetonius those officials, and especially curatores aquarum, curatores riparum et alvei Tiberis, curators aedium sacrarum et operum locorumque publicorum and curatores viarum were created by Augustus. However, that opinion raises doubts. The purpose of this very article is to determine to what extent the opinion of Suetonius is true and correct.
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The main point of this text is an attempt to present a few duties of the praetor and try to stipulate the origins of them. First of all it should be noted that the term praetor was not consistently used to describe only the jurisdictional magistrate, and it was used in relation, for example, to the consuls. This was probably because the sound etymological sense of the word (praeire: “to go before, to precede, to lead the way”). The appointment of praetor urbanus in 367 BC under leges Licniae Sextiae was not associated with the need to carry out a jurisdictional competence. The origins of the magistrate were strictly military in its nature, which since the end of the third century BC gave way to the area of jurisdiction. Raised considerations apply also to the praetor for foreigners (praetor peregrinus), who has not resolved disputes between the Romans and foreigners (peregrini), and his role was to ensure the military security of Italy. The jurisdictional competence of the pretorship as the most “famous” begins to emerge in the late third century BC, which is likely to be linked not only with the increase in the number of praetors, but mainly obviates external threat from the Carthage.It seems to indicate that the jurisdictional competence (civil and criminal) was not assigned to pretorship at the beginning of this office. It appears at least at the end of the third century BC and starts to become predominant among others which were associated with this office in ancient Rome.
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