The Grounds for Resumption of the Administrative Penal Proceedings in Accordance with art. 70, Letter “E” of the Law for the Administrative Offences and Sanctions

De Jure ◽  
2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Izabela Chakarova-Dimitrova ◽  
◽  
◽  

The subject of this article is the grounds for resumption of the administrative penal proceedings in accordance with art. 70, letter “e” of the Law for the administrative offences and sanctions. The text presents a detailed analysis of the stipulations of the above stated law. It also compares the new grounds in accordance with art. 70, letter “e” of the Law for the administrative offense and sanctions to the grounds in accordance with art. 70, letter “d”, as well as in the context of the stipulations in Penal Procedure Code and the related provisions. A distinction is drawn between the field of application of the new grounds in accordance with art. 70, letter “e” and the grounds in accordance with art. 70, letter “d”.

Author(s):  
Robert Pearce ◽  
Warren Barr

Pearce & Stevens’ Trusts and Equitable Obligations provides a detailed and contextualized account of the law of equity and trusts. The text gives detailed analysis of all key decisions, statutes, and current academic debates related to the law of equity and trusts, giving a grounding in the subject. This new edition, which includes an additional chapter on the three certainties, brings this subject together coherently, clarifying the discussion of the consequences of uncertainty. The text has been updated with recent cases and developments in the area, including Marr v Collie [2017] on resulting and constructive trusts, Patel v Mirza [2016] on illegality, Prest v Petrodel [2013] on resulting trusts and equitable proprietary remedies, and the Law Commission’s consultation on the making of wills.


2017 ◽  
Vol 6 (3) ◽  
pp. 361
Author(s):  
Abdul Hakim

Law is a set of words that are systematically linking an authoritative text, according to Gustav Radbruch, it should contain three (3) elements, namely fairness, certainty and expediency. The application of the authoritative text in social life was an absolute authority of a judge in resolving a civil case. The judge, in the checking-hearing-deciding a case, not only expected to return the case to the original state (restitutio in integrum) before the advent of the dispute, but should attempt made every effort to not create new disputes or disputes derived from the subject matter examined. Therefore, it becomes very important role of the paradigm for a judge in deciding the case in order to fulfill a sense of justice. Therefore, deciding the case in a precise sense of justice will be a judge most important role. Nowadays, the meaning of "justice" in Civil Procedure Code only limited to the authority of the power of the parties bound by the principle of consensualism and the principle of freedom of contract. Therefore, based on the Law Paradigm (Philosophy) of Pancasila, Judge as an interpreter, in defining and applying the law, legal science must have the ability to deconstruct and reconstruct an authoritative text based paradigm embraced by a nation.Keywords: the principle of consensualism, justice, pancasila, paradigm, civil procedural law


2018 ◽  
Vol 1 (38) ◽  
Author(s):  
Carlos Silveira Noronha ◽  
Charlene Côrtes Santos

Reflexões sobre a conformação do instituto da curatela frente ao novo Código de Processo Civil e ao Estatuto da Pessoa com Deficiência  Reflections about the conformation of the curatorship in front of the new Civil Procedure Code and the Statute for the Person with Disability Carlos Silveira Noronha* Charlene Côrtes Santos** REFERÊNCIA NORONHA, Carlos Silveira; SANTOS, Charlene Côrtes. Reflexões sobre a conformação do instituto da curatela frente ao novo Código de Processo Civil e ao Estatuto da Pessoa com Deficiência. Revista da Faculdade de Direito da UFRGS, Porto Alegre, n. 38, p. 35-61, ago. 2018. RESUMOABSTRACTO presente artigo propõe uma análise do instituto da curatela, perscrutando a sua transformação a partir da evolução no tempo desde a Lei das XII Tábuas até as recentes alterações operadas através do Estatuto da Pessoa com Deficiência e do Novo CPC. Isto é, de um instituto com compleição eminentemente patrimonialista, converteu-se em importante ferramenta de garantia da dignidade do interditando, em uma verdadeira “virada kantiana” (kantische Wende). A partir deste exame histórico-social, buscar-se-á identificar a atual conformação do instituto, mapeando as principais alterações trazidas no ordenamento processual atinentes ao tema em apreciação. Neste particular, serão apontadas algumas inconsistências pontuais existentes em nosso sistema jurídico decorrentes do conflito existente entre as legislações alteradas. This article proposes an analysis of the curatorship, scrutinazing your transformation from the evolution in time since the Law of XII Tables to the recents changes operated through the Statute for the Person with Disability and the new Civil Procedure Code.       That is, from an institute with eminently patrimonialist constitucion, it became an important tool to guarantee the dignity of the interdicting, in a true “Kantian turn” (Kantische Wende). From this historical-social examination, we will identify the current conformation of the institute, mapping the main changes brought in the procedural order regardin the subject under consideration. In this particular, we will point out some specific inconsistencies existing in our legal system arising out the conflict between the amendeds legislations.PALAVRAS-CHAVEKEYWORDSCuratela. Estatuto da Pessoa com Deficiência. Novo Código de Processo Civil.Curatorship. Statute for the person with disability. New Civil Procedure Code.* Professor Titular de Direito Civil do Programa de Pós-Graduação em Direito da Universidade Federal do Rio Grande do Sul (UFRGS). Professor do Curso de Graduação em Direito das Faculdades Integradas São Judas Tadeu de Porto Alegre, Rio Grande do Sul. Doutor e Mestre em Direito pela Universidade de São Paulo (USP). Diretor da Revista da Faculdade de Direito da UFRGS. Diretor do Departamento de Direito Civil do Instituto dos Advogados do Rio Grande do Sul (IARGS).** Mestranda do Programa de Pós-Graduação em Direito da Universidade Federal do Rio Grande do Sul (UFRGS). Pós-graduada em Direito Público pela Pontifícia Universidade Católica do Rio Grande do Sul (PUC-RS) e pela Escola Superior Verbo Jurídico. Pesquisadora participante do grupo de pesquisa Direito das Famílias, Sucessões e Mediação (UFRGS). Advogada.


De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Svetla Yankulova ◽  

The subject of this article is the property sanction under article 83 of The Law for the administrative offences and sanctions. The text presents a detailed analysis of the different statements of the legal nature of the property sanction, the function of the institute during passing the law and nowadays. The author states its opinion on this also. The property sanction is compared with the administrative penal liability by the subjects and the grounds for its imposition. The question of the function of the property sanction in The Bulgarian legislation is raised keeping in mind that this sanction nowadays is mainly about paying a certain amount of money and it looks like too much of a fine.


Author(s):  
Ю. М. Оборотов

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.


2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.


2020 ◽  
Vol 75 (1) ◽  
pp. 1-27
Author(s):  
Alex Bliss

The advent of the Portable Antiquities Scheme (PAS) has added a great deal to our understanding of prehistoric metal artefacts in England and Wales, namely in expanding enormously the corpuses of objects previously thought to be quite scarce. One such artefact type is the miniature socketed 'votive' axe, most of which are found in Wiltshire and Hampshire. As a direct result of developing such recording initiatives, reporting of these artefacts as detector finds from the early 2000s onwards has virtually trebled the number originally published by Paul Robinson in his 1995 analysis. Through extensive data-collection, synthesising examples recorded via the PAS with those from published excavations, the broad aims of this paper (in brief) are as follows: firstly, produce a solid typology for these artefacts; secondly, investigate their spatial distribution across England and Wales. As a more indirect third aim, this paper also seeks to redress the imbalance of focus and academic study specifically applying to Hampshire finds of this object type, which despite producing a significant proportion of the currently known corpus have never been the subject of detailed analysis.


2020 ◽  
pp. 301-323
Author(s):  
Natalya I. Kikilo ◽  

In the Macedonian literary language the analytic da-construction used in an independent clause has a wide range of possible modal meanings, the most common of which are imperative and optative. The present article offers a detailed analysis of the semantics and functions of the Macedonian optative da-construction based on fiction and journalistic texts. The first part of the article deals with the specificities of the optative as a category which primarily considers the subject of a wish. In accordance with the semantic characteristics of this category, optative constructions are used in those discourse text types where the speakers are explicitly designated (the most natural context for the optative is the dialogue). The analysis of the Macedonian material includes instances of atypical usage of the optative da-construction, in which the wish of the subject is not apparent and thereby produces new emotional tonalities perceptible to the reader of a fiction/journalistic text. The study describes Macedonian constructions involving two different verb forms: 1) present tense form (da + praes) and 2) imperfective form (da + impf). These constructions formally designate the hypothetical and counterfactual status of the optative situation, respectively. Thus, the examples in the analysis are ordered according to two types of constructions, which reflect the speaker’s view on the probability of the realisation of his/her wish. Unrealistic wishes can be communicated through the present da-construction, while the imperfective construction denotes situations in which the wish can be realised in the future. The second part of the article is devoted to performative optative da-constructions, which express formulas of speech etiquette, wishes and curses. The analysis demonstrates that these constructions lose their magical functions, when used outside of the ritual context, and begin to function as interjections.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


Author(s):  
Pamela Barmash

The Laws of Hammurabi is one of the earliest law codes, dating from the eighteenth century BCE Mesopotamia (ancient Iraq). It is the culmination of a tradition in which scribes would demonstrate their legal flair by composing statutes on a repertoire of traditional cases, articulating what they deemed just and fair. The book describes how the scribe of the Laws of Hammurabi advanced beyond earlier scribes in composing statutes that manifest systematization and implicit legal principles. The scribe inserted the statutes into the structure of a royal inscription, skillfully reshaping the genre. This approach allowed the king to use the law code to demonstrate that Hammurabi had fulfilled the mandate to guarantee justice enjoined upon him by the gods, affirming his authority as king. This tradition of scribal improvisation on a set of traditional cases continued outside of Mesopotamia, influencing biblical law and the law of the Hittite Empire and perhaps shaping Greek and Roman law. The Laws of Hammurabi is also a witness to the start of another stream of intellectual tradition. It became a classic text and the subject of formal commentaries, marking a Copernican revolution in intellectual culture.


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