About Some Specifics in Appeals of Acts of the Municipal Election Commission

De Jure ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Milka Lambeva ◽  
◽  
◽  
Keyword(s):  
Public Authority ◽  
Local Elections ◽  
Legal Regulations ◽  
Interested Party ◽  
The Subject ◽  
Municipal Election ◽  
Lawful Conduct ◽  
Election Commission ◽  
State Body

The subject of this article is the procedure for appealing the decisions of the Municipal Election Commission. The article provides a brief overview of the legal regulations, concerning this procedure. The MEC is seen as a state body (public authority) that is directly responsible for the lawful conduct of local elections. That is why the issue of protection against MEC decisions is extremely important. The article pays special attention to the question of the acts of the MEC, that can be appeals and the notion of “legal interest” and “interested party” in appealing of the Commission acts. A brief overview is made of some of the main specifics of this appeal and the problems associated with it.

scholarly journals On the formation and functioning of the municipal election commission

2019 ◽  
pp. 256-259
Author(s):  
Aleksandr S. Tkach
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Federal Law ◽  
Municipal Authority ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Municipal Election ◽  
Federal Procurement ◽  
Election Commission

The article deals with problems of the legal status, formation and functioning of the election commission of the municipality. The author analyzes the provisions of the Federal Law "On Basic Guarantees of Electoral Rights," this law determines the status of the election commission of the municipality. The author notes the following problems of the legal status of the municipal commission. First, the representative body of the municipal formation forms the municipal election commission. Secondly, the representative body of the municipality must appoint half of the total number of members of the municipal election commission on the basis of proposals of election commission of the subject of the Russian Federation. Thirdly, the municipal election commission is not legal entity, in this connection, the municipal authority is more dependent on the election commission of the subject of the Russian Federation. Fourth, the order of work of members of the municipal election commission is uncertain. Fifthly, the scope of the federal procurement law is not correct. Proposals to improve the electoral legislation are formulated in the research.

Obywatele Unii Europejskiej – wyborcy Parlamentu Europejskiego – parlamentu ponadnarodowego

2016 ◽  
Vol 14 (3) ◽  
pp. 147-162
Author(s):  
Stefan Marek Grochalski
Keyword(s):  
European Union ◽  
Subject Matter ◽  
European Parliament ◽  
Legal Regulations ◽  
The European Union ◽  
Democratic State ◽  
The Subject ◽  
Direct Elections

Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.

scholarly journals Reviewing judicial precedent No. 74.2.12-597 of general board of Iran’s supreme court

2016 ◽  
Vol 13 (3) ◽  
pp. 4738
Author(s):  
Parviz Dehghan
Keyword(s):  
Supreme Court ◽  
Legal Regulations ◽  
Trade Law ◽  
The Subject ◽  
Judicial Procedures

According to legal regulations, endorsers of a commercial document hold severally liable against its holder; and in this regard the holder too has some duties to perform. Among these duties, after the demand and protest for non-payment in legal time is litigation within a certain legal time. There are different opinions regarding inclusion of the guarantors in article 286 of Iran’s trade law and judicial procedures are also divided and vary, and according to some rulings of some branches of Iran’s Supreme Court, the guarantor is included in the subject of article 286 while some of the branches consider it outside of the article 286 subject. This difference resulted in the issuance of judicial precedent no. 597 on 1995 May 2nd which rules on the exclusion of the guarantor in the subject of article 286 inclusion. In this paper, along with reviewing the ruling, the guarantor inclusion-exclusion cases in the subject and ruling of article 286 of the Iran’s trade law is determined.

scholarly journals Tax Sanctions as the Institutions Conditioning Efficiency of Collecting Tax Information – Limits of Legal Regulations

2020 ◽  
Vol 29 (4) ◽  
pp. 189
Author(s):  
Paweł Majka
Keyword(s):  
International Law ◽  
Degree Of Saturation ◽  
Tax Law ◽  
Legal Regulations ◽  
Legal Norms ◽  
The Subject ◽  
The Law ◽  
Principle Of Proportionality

<p>The subject of the study is to outline the boundaries within the legislator may sanction the obligations to provide information to tax authorities using tax sanctions. The author analyzes tax sanctions as instruments guaranteeing the effectiveness of legal norms related to information obligations in the light of the protection of the taxpayer’s rights. In the author’s opinion, there is a clear outline of the possible shape of the sanction, which limits the legislator in excessive interference with the rights of taxpayers. These limits, both in national and international law, are determined primarily by the principle of proportionality, which is decisive for the degree of discomfort associated with the application of sanctions. It should be indicated that the shape limits of these sanctions, characterized in this study, guarantee, in turn, the protection of the rights of these entities. At the same time, it should be emphasized that tax sanctions are, in principle, a complementary element of the system of the guarantees of the law effectiveness and the legislator deciding on their wider use should properly balance the degree of “saturation” of tax law with sanctions taking into account its nature.</p>

scholarly journals Teoretyczne założenia crowdfundingu oraz jego regulacje prawne w Unii Europejskiej i w Polsce

2019 ◽  
Vol 4 ◽  
pp. 97-114
Author(s):  
Michał Biela
Keyword(s):  
European Union ◽  
Legal Aspects ◽  
Practical Implementation ◽  
Legal Regulations ◽  
The European Union ◽  
The Third ◽  
Theoretical Assumptions ◽  
The Subject ◽  
Alternative Sources ◽  
Desk Research

Celem niniejszego artykułu jest prezentacja założeń teoretycznych oraz praktycznej implementacji koncepcji alternatywnych źródeł finansowania społecznościowego w Polsce i Unii Europejskiej ze szczególnym uwzględnieniem aspektów formalno-prawnych crowdfundingu. Artykuł składa się z trzech części: w pierwszej opisano założenia definicyjne i koncepcyjne crowdfundingu, w drugiej przedstawiono propozycję zmiany ram regulacyjnych finansowania społecznościowego, przygotowanych przez instytucje Unii Europejskiej, natomiast trzecia zawiera uregulowania prawne finansowania społecznościowego w Polsce. W artykule jako metodę badawczą zastosowano desk research, której implementacja umożliwiła analizę istniejącej literatury przedmiotu. Theoretical assumptions of crowdfunding and its legal regulations in the European Union and in PolandThe aim of this article is to present the theoretical assumptions and practical implementation of the concept of alternative sources of funding in Poland and in the European Union, with emphasis on the formal and legal aspects of crowdfunding. The article consists of three parts. The first part describes the definition and conceptual assumptions of crowdfunding. The second part presents a proposal to change the crowdfunding regulatory framework at the European Union level. The third part includes legal regulations for crowdfunding in Poland. In the article, desk research was used as a research method, the implementation of which enabled the analysis of the existing literature on the subject.

THE ROLE OF LAW ENFORCEMENT INSTITUTIONS IN PREVENTING AND COMBATING THE CRIME OF HUMAN TRAFFICKING

2020 ◽  
Vol 136 (4) ◽  
pp. 258-272
Author(s):  
ANETA ŁYŻWA
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Legal Regulations ◽  
Human Beings ◽  
Effective Prevention ◽  
Cross Border ◽  
The Subject ◽  
Operational Activities ◽  
Polish Law

The subject of this study is the characteristics of Polish law enforcement authorities in the fi eld of preventing and combating the crime of traffi cking in human beings. The author points out that, based on existing legal regulations in Poland, the foremost burden related to prevention and prosecution activities of this type of crime lies within the scope of duties of the prosecutor’s offi ce, the Police, and the Border Guard. Thus, the article is devoted to a concise description of the indicated entities in terms of their legal instruments which make it possible to effectively implement the tasks and duties imposed by law and regulations upon the institutions. In the author’s assessment, the key role in the system is played by the prosecutor, who is the only authority sanctioned to make decisions on initiating the investigation and entrusting its conduct in its entirety or the indicated scope to other authorities, primarily the Police or the Border Guard. The prosecutor’s special role also results from the fact of being solely entitled to draw up and support an indictment in court in cases involving traffi cking in human beings. Nevertheless, according to the author, in practice, the main responsibility to carry out procedural and operational activities in this category of cases lies with the Police and Border Guard. The author points out that, at present, the Polish law enforcement system has appropriate instruments, both at the legal and institutional levels, ready for the effective prevention of and combat against crimes of human traffi cking. However, bearing in mind that the phenomenon of human traffi cking has, in principle, a cross-border dimension, the article highlights the aspect of international cooperation between the relevant institutions established to detect and prosecute these crimes.

Local election wins raise Hungarian opposition hopes

2019 ◽  
Keyword(s):  
Prime Minister ◽  
Political Stability ◽  
Government Support ◽  
Local Elections ◽  
Right Wing ◽  
Content Type ◽  
Investor Confidence ◽  
Domestic Capital ◽  
Election Results ◽  
Municipal Election

Subject Local and municipal election results. Significance The largely united opposition made a major breakthrough in local elections on October 13, taking Budapest and other cities and towns and eroding Prime Minister Viktor Orban's Fidesz party’s predominant position since 2006. A sex scandal plus changes within the opposition have apparently lost Fidesz the middle class, further emphasising the already stark divide between cities and the countryside. Impacts Orban’s weaker position will dent the confidence of the global right-wing populist movement, of which he is a figurehead. Domestic capital associated with the Orban government is at risk as investors price in a potential loss of government support. The decline in political stability may at least momentarily moderate investor confidence in Hungary.

scholarly journals Administrative and legal dimension of the Police cooperation with international entities

2020 ◽  
Vol 31 ◽  
pp. 93-106
Author(s):  
Bogdan Jaworski ◽  
Keyword(s):  
European Union ◽  
International Organizations ◽  
Current System ◽  
Legal Regulations ◽  
Police Cooperation ◽  
Research Attention ◽  
The Subject ◽  
International Police Cooperation ◽  
Police Activity

The modern police formation to which the Police in Poland aspires cannot be limited only to independent execution of tasks. Performing statutory tasks by the Police is related to undertaking various forms of cooperation and interaction with legally and organizationally diverse entities. Apart from national cooperation, legal regulations impose an obligation to cooperate with police forces of other countries and their international organizations, as well as with European Union bodies and institutions. The subject of deliberations is widely understood international cooperation of the Police and the role of entities responsible for its conduct. The areas of cooperation and forms in which it is undertaken have been investigated. Special research attention was also paid to legal regulations relating to police activity on the international arena. In the study attempts were made to assess the current system of international police cooperation.

scholarly journals Współczesne reminiscencje absolutystycznego modelu policji administracyjnej

2016 ◽  
Vol 106 ◽  
pp. 95-105
Author(s):  
Witold Małecki
Keyword(s):  
Public Administration ◽  
Public Authority ◽  
Legal Norms ◽  
General Competence ◽  
The Subject ◽  
The Individual ◽  
Police Activity

CONTEMPORARY REMINISCENCES OF THE ABSOLUTIST MODEL OF ADMINISTRATIVE POLICE The absolutist model of administrative police, perceived as a sphere of the activity of public authority, is based on two pillars. The material pillar concerns the purpose of police activity, which is to achieve overall prosperity including the prosperity individuals, in the shape specified by the monarch. The formal pillar concentrates on ius politiae — the general authorization of the monarch to perform each forcible interference in the sphere of the rights of the subject, intended to achieve overall and individual prosperity. Contemporary institution of forced evacuation corresponds to the material pillar of the absolutist model of administrative police, as it allows public authority to evacuate an individual in case of threat for their life, even despite the opposition of the individual. The institution of order regulations seems to be a contemporary reminiscence of ius politiae. In the form of order regulations the organs of public administration, using a general competence, are entitled to establish legal norms, the content of which is not specified in the statute.

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