CONSTITUTIONAL AND LEGAL ASPECT OF THE RIGHT FOR INFORMATION

2015 ◽  
Vol 10 (4) ◽  
pp. 119-125
Author(s):  
Щеголева ◽  
Natalya Shchegoleva ◽  
Силаев ◽  
Pavel Silaev
Keyword(s):  
Comparative Method ◽  
Legal Aspect ◽  
Legal Aspects ◽  
Access To Information ◽  
The Right

In the article the author considers constitutional and legal aspects affirming the right for information. Using a comparative method of research of this perspective, the author comes to a conclusion that the content of the concept «right for information» shouldn´t be identified with «the right for access to information» as standard loading of the specified concepts isn´t identical.

scholarly journals The right to information about the activities of public authorities: certain theoretical and legal aspects

2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK
Keyword(s):  
Active Form ◽  
Relevant Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Access To Information ◽  
Public Authorities ◽  
The Public ◽  
Democratic State ◽  
Right To Information ◽  
The Right

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.

scholarly journals Legal Aspects Of The Right To Respect Private And Family Life

2015 ◽  
Vol 21 (2) ◽  
pp. 525-531
Author(s):  
Vasile Tudor
Keyword(s):  
Family Life ◽  
Legal Aspect ◽  
Legal Aspects ◽  
Private Life ◽  
Fundamental Rights ◽  
Legal Requirements ◽  
Social Entity ◽  
Free Development ◽  
The Right ◽  
Legal Character

Abstract Free development of human personality and dignity, which are values proclaimed by the Romanian Constitution, right in the Article 1, can not exist without respecting and protecting married, family and private life. The right to respect and protect married, family and private life is part of the list of fundamental rights and freedom, and has a complex content. Belonging to the legal category of fundamental rights clarifies the legal character of the right to respect private and family life, but even its definition is not as clear as such. The legal aspect of family is, at its turn, complex and can be divided into two major coordinates: protecting family as a social entity by establishing legal requirements to ensure access to such status and establishing mutual rights and duties of family members.

scholarly journals SHARIA LAW OF TAX AMNESTY IN PERSPECTIVE OF THE SOUTH KALIMANTAN MUSLIM ECONOMISTS

2018 ◽  
Vol 18 (2) ◽  
pp. 140
Author(s):  
Firqah Annajiyah Mansyuroh
Keyword(s):  
Legal Aspect ◽  
Legal Aspects ◽  
Living Will ◽  
Standard Of Living ◽  
Legal Form ◽  
Criminal Sanctions ◽  
Tax Amnesty ◽  
The People ◽  
The Right ◽  
Administrative Sanctions

Abstract: The rising standard of living will require an ever-increasing budget. This can be seen from the size of the Indonesian government budget for 2017, revenue in the APBN only Rp 1750.3 trillion while spending reached Rp 2,080.5 trillion. One way to increase state revenues without adding a new burden to the community is through a tax amnesty program. This policy then from the legal aspect, especially the tax amnesty legislation contains legitimacy about not enforcing the applicable laws and regulations, especially regarding administrative sanctions, criminal sanctions and legal form of tax amnesty arrangement itself. From the legal aspects of Islam, this policy of tax amnesty cannot be ignored to see the elements of maslahat and mafsadat or the dominant effect it causes in society. Therefore, author consider the Muslim economist is the right person to be consulted about the policy of tax amnesty, so that the research on tax amnesty perspectives Muslim economist South Kalimantan conducted. This research is empirical law research, which is research done in certain environment, in this case done in South Kalimantan Province. The results found are Muslim economists of South Kalimantan have a view that is divided into two in terms of tax amnesty policy, namely agree and disagree. Those who agree with this policy have the foundation of the priestly (government) policy on the people based on the benefits and considering the amount of benefits obtained compared to the non-tax amnesty. 

scholarly journals Оwnership as a legal category

Legal Ukraine ◽  
2020 ◽  
pp. 15-21
Author(s):  
Oleh Ilkiv
Keyword(s):  
Legal Aspect ◽  
Civil Law ◽  
Legal Aspects ◽  
Roman Law ◽  
Acquisition Time ◽  
Real Right ◽  
Bona Fide ◽  
Fact Finding ◽  
Judicial Procedure ◽  
The Right

The article is devoted to the analysis of ownership in Ukraine. Features of ownership as a legal category that is inherent in real and compulsory relations are investigated. The legal aspects of ownership used to characterize the acquisition period are clarified. The legal consequences of actual domination of a thing are described. Thus, ownership in civil law is considered as the subjective right of the owner and as a separate real right to own someone else’s property. In civil law, ownership is considered as a subjective right of the owner or other persons, and not as an object of subjective rights. The actual content of a thing without a legal basis should not be identified with the right of ownership in the legal aspect. The stay of the find in fact with a person who has found a thing for six months while the unknown owner of it should not be interpreted as a right of ownership, since in the Civil Code of Ukraine the right of ownership is considered among the types of real rights to someone else’s property. The latter in turn arise on the basis of the will of the owner or the law, and in the case of a dispute — on the basis of a court decision. The positions on the protection of the right of ownership over acquisition time in the judicial procedure are justified. Real ownership is one of the oldest known under Roman law. It covered two aspects: the independent type of property rights and one of the powers that constitute ownership. Since the time of Roman law, attention has been focused on the absolute nature of ownership in the form of domination of things. Dominance can be seen in the factual and legal aspects. The establishment by the courts of the fact of bona fide possession of a thing for a period determined by law can be carried out in a separate proceeding. But it cannot recognize the ownership of a thing in order to consider cases of separate fact-finding proceedings of legal importance. Key words: right of possession, property right, rights, acquisitive prescription.

scholarly journals Analisis Pengaruh Aspek Hukum, Peran Bidan Dan Hak Anak Terhadap Praktik Pemberian ASI Eksklusif Di Kabupaten Klaten

2016 ◽  
Vol 5 (1) ◽  
Author(s):  
Sumantri Sumantri ◽  
Gita Kostania
Keyword(s):  
Exclusive Breastfeeding ◽  
Legal Aspect ◽  
Sampling Technique ◽  
Legal Aspects ◽  
Sample Population ◽  
Chi Square ◽  
Cross Sectional ◽  
The Right ◽  
Breastfeeding Practice

Abstract: Legal Aspects, The Role Of Midwife, The Rights Of Children, Exclusive Breastfeeding. The purpose of this study is to analyze the influence of the legal aspects, the role of the midwife and the right of children on exclusive breastfeeding practice. This type of research is an analytical study with cross-sectional research design. An estimated 1,000 Mothers with infants aged 0-12 months in the Klaten district with 30% of the sample population, it’s about 300 people. The sampling technique used cluster random sampling. Analysis of the data used by the statistical test Chi-Square and logistic regression. Results: 1) legal aspect of regulation Exclusive Breastfeeding is significantly affect the exclusive breastfeeding practice, p 0.000 (P <0.05); X2: 23.5; RP: 1.80 and 95% CI: 1:40 to 2:31; 2) the role of the midwife in exclusive breastfeeding practice showed a significant effect, p 0.001 (P <0.05); X2: 11.9; RP: 1:52 and 95% CI: 1.22-1.89, and; 3) the right of the child to exclusive breastfeeding practice showed a significant effect, p 0.000 (P <0.05); X2: 32.3; RP: 2:07 and 95% CI: 1.55-2.66.

THE STATE OF OPEN ACCESS ADOPTION IN LEGAL SCHOLARLY COMMUNICATION: AN ANALYSIS OF SELECTED OPEN ACCESS RESOURCES

Mousaion ◽  
2016 ◽  
Vol 34 (1) ◽  
pp. 83-100
Author(s):  
Solomon Bopape
Keyword(s):  
South Africa ◽  
Open Access ◽  
Open Access Publishing ◽  
The Internet ◽  
Free Access ◽  
Access To Information ◽  
Legal Information ◽  
Scholarly Literature ◽  
Open Access Resources ◽  
The Right

The study of law focuses, among other aspects, on important issues relating to equality, fairness and justice in as far as free access to information and knowledgeis concerned. The launching of the Open Access to Law Movement in 1992, the promulgation of the Durham Statement on Open Access to Legal Scholarshipin 2009, and the formation of national and regional Legal Information Institutes (LIIs) should serve as an indication of how well the legal world is committed to freely publishing and distributing legal information and knowledge through the Internet to legal practitioners, legal scholars and the public at large aroundthe world. In order to establish the amount of legal scholarly content which is accessible through open access publishing innovations and initiatives, this studyanalysed the contents of websites for selected open access resources on the Internet internationally and in South Africa. The results of the study showed that there has been a steady developing trend towards the adoption of open access for legal scholarly literature internationally, while in South Africa legal scholarly literature is under the control of commercial publishers. This should be an issue for the legal scholarship which, among its focus, is to impart knowledge about the right of access to information and knowledge.

Reproductive rights: Legal aspects of the right to sterilisation

Stanovnistvo ◽  
2001 ◽  
Vol 39 (1-4) ◽  
pp. 119-130 ◽  
Author(s):  
Hajrija Mujovic-Zornic
Keyword(s):  
Mental Health ◽  
Free Choice ◽  
Reproductive Rights ◽  
German Law ◽  
Legal Aspects ◽  
Penal Policy ◽  
Abortion Law ◽  
Legal Questions ◽  
The Right ◽  
Voluntary Sterilization

In this paper the author discusses the nature and importance of the right to reproduce, in particular the right to sterilisation. In the time past sterilization has been practiced only as a measure of penal policy or the prevention of mental health diseases. Today, mostly we can speak about the right to sterilization (especially reversible sterilization). The patient have a free choice to decide any method of contraception and that could be a voluntary sterilization (also called human, contraceptive, non-therapeutical in French law, and obliging in German law). Various legal questions about this right can be raised, in accordance of state of reproductive rights (how they are regulated by the law) and the protection of reproductive rights (especially the right of pregnant woman as a patient). Yugoslav law not yet has a complete regulation and adequate solutions in this area, except the abortion law. The primary gynecology care has contraceptive counseling, but concrete measures and education are insufficient. It cannot begin to give consistent answers to all of these questions without a coherent conception of the right to reproduce, which is the primary duty of legal experts.

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.

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