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In the paper, possibilities and prospects for the application of general principles of economic analysis of law to the education law of Ukraine are discussed. A research program for economic analysis of education law was proposed and the main tasks within that program were defined.
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The purpose of the article is to conduct a scientific and theoretical analysis of the legislation of Ukraine and the European Union in the field of rural development, as well as a cluster model of the functioning of folk arts and crafts. Particular attention is paid to the study of the institution of public-private partnership in this area. Research methodology. In the process of writing the article there was used a system of philosophical (dialectical), general-scientific (formal-logical, method of analysis and synthesis) and special-legal (comparative-legal, formal-legal) methods of scientific knowledge. The dialectical method forms the general methodological basis for the study, which allowed to consider the legal problems of the functioning of folk arts and crafts in the context of rural development in the unity of their material content and legal form. The general scientific formal-logical method allowed to investigate the conceptual-categorical apparatus. The method of analysis provided an opportunity to identify gaps in regulations that regulate relations in the field of folk arts and crafts. The method of synthesis was used in the process of substantiating the conclusion about the legal nature of clusters of folk arts and crafts. Using the comparative legal method has allowed to find out the compliance of domestic agricultural legislation with the requirements of legislation in the field of rural development of the European Union and to investigate the content of the concept "cluster". The formal legal method has allowed to reveal the content of the law that regulates relations in the field of rural development and the functioning of folk arts and crafts in Ukraine. The scientific novelty of the work consists in the complex research of legal problems of the functioning of folk arts and crafts in the context of rural development and the search for ways to preserve the cultural heritage of the Ukrainian people. Conclusions. Within the framework of rural development policy and at the expense of the EAFRD, the European Union ensures the preservation of the cultural heritage of rural areas, including the traditional occupations of the population living on them. Despite the fact that the Ukrainian legislation foresees the adoption of a number of measures to stimulate such activities as folk arts, they are not systematic in nature and are not backed up by adequate financial content. The lack of definition of the concepts such as "cluster", "cluster model of development", including folk arts and crafts at the legislative level leads to the creation of clusters in the form of public organizations. Such practice does not correspond to their actual essence. To ensure the development of rural areas and folk arts and crafts on them, it is necessary to adopt an appropriate state program, which will be developed using the cluster approach, as well as the application of the institution of public-private partnership in this area.
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The article analyzes the historiography and spring base study of legal culture of the PolishLithuanian period (XIV - XVI).
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This article analyses historical development of county councils.
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In most countries in the European Union, the associative structures of local authorities were formally recognized in the early 1990s of the last century. Their establishment and strengthening is a process associated with decentralization. The role of associative structures is to facilitate the dialogue between central and local authorities and to contribute to the assertion of local autonomy. The data on the involvement of associative structures of local public authorities in Romania in the governance process shows that they meet the criterion of legitimacy and, to a lesser extent, the criterion of functionality. We are rather seeing a stimulated participation in order to respond to the implementation of a law than a civic involvement in its true sense. The limited performances of the involvement in the governance process are attributed to the socio-political context.
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Kosovo and the region of the Balkans in general had always been areas where different cultures and the influences of major powers clashed. The influence of the Roman Catholic Church collided with that of the Byzantine Orthodox Church, Islam clashed with Christianity and the geostrategic interests of the East collided with those of the West. These cultural and religious clashes on the same territory as well as the impacts of the different geostrategic interests resulted over the course of the past centuries in the development of different competitive cultures and religions sometimes opposed to each other in Kosovo. Irrespectively of this religious and cultural diversity, the Kosovar people have not been treating these ideological divides as separations of the entire nation based on a religious basis. Rather, they have been cultivating feelings of harmony, tolerance and understanding with respect to members of other faiths. But unfortunately, the traditional model of harmony and interfaith tolerance that had existed in Kosovo for centuries has come more and more under attack in recent times.
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The data presented in this study was collected by using the content analysis as a research method, starting from the theoretical and practical concepts of administrative law as well as from national legislative regulations adopted with the purpose of delimiting the notion of public office and perceiving the civil servant, through the specifics of the civil service, as a link between the public administration and the served community. The civil servant is the person legally and morally invested with the exercise of the competence of a public authority or institution as a result of the performance of a public office and the exercise of public authority. Starting from the specifics of the public function and the way in which the professional activity of the civil servants is regulated, in the content of this paper I will detailthe types of responsibility that precede the public function. Violation of service duties by civil servants attract disciplinary, contraventional, civil or criminal liability, depending on the case. Therefore, the specificity of the deviations is precisely the fact that the deviations can occur during the exercise of the public function, in violation of the norms of conduct influencing the public image of the official, as well as any other actions related to the service relations of the civil servant. By the nature of the occupied position, the civil servant becomes an example of morality, legality and transparency for the members of the community.
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This paper selectively analyzes aspects of civil, criminal and criminal liability of civil servants. The work is divided into sections, namely: introductory section, contravention of civil servants, civil liability of civil servants, criminalliability of civil servants, conclusions and bibliography. The forms of liability mentioned above operate in breach of the civil servants' duties. As far as the contraventional liability is concerned, the application of contravention sanctions for the civil servant is carried out in accordance with the provisions of the framework law, Government Ordinance no.2/2001, and in the alternative the provisions of civil law. The civil liability of the civil servant is undertaken according to the Law no. 188/1999 and the criminal liability is committed according to the criminal law, the legal framework being included in the provisions of the Criminal Code and Law no. 188/1999.
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Collective bargaining is defined in art. 1 of the Law no. 62/2011 of the social dialogue as the negotiation between the employer or employers' organization and trade union organization or the representatives of the employees, as the case, which regulates the working relations between the two parties, as well as any other agreements on issues of common interest. Collective bargaining is therefore possible in both the private and the budgetary sectors, but due to the restrictions set by the law, collective bargaining in the budgetary sector is more restrictive. In the present study, we will analyze the aspects that characterize the collective bargaining within civil servants, especially by highlighting the issues that can be found on the collective bargaining list between civil servants and the state institutions and authorities.
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The views expressed through the media institutions in order to draw an alarm signal on the draft Law on Vaccination, draw attention to contravention sanctions without enforcing the term "medical negligence" and without corroborating the definition here of the Law no. 272/2004 on the protection and promotion of the rights of the child (r) respectively with the consequences expressly provided in the methodology approved by the Government Decision no. 49/2011. In fact, medical neglect listed as part of the category of forms of violence that can be exerted on the child is alongside possible violation of child rights, criteria that can repercussions across the family, obviously under the condition of proving the potential causal link with the form of violence. This article seeks to raise awareness of the consequences of legal liability for parents when expressing the refusal to carry out compulsory vaccinations, how vaccinations can really affect their rights, and ultimately cause undesirable effects in the child's life, but also to discuss which is based on the existing case-law of the European Court of Human Rights, focusing on the recognition of the obligation of the medical act of vaccination as an interference with the right to respect for private life, and especiallyon the condition of proving necessary, appropriate and proportionate of the compulsory vaccination decision.
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This present study treats some aspects regarding the exercise of public office, from the perspective of criminal law and criminal procedural law. The violation of criminal legal norms, including by civil servants, leads to the appearance of one right conflict, the solution of which presupposes to draw the criminal liability of the perpetrator, following the deployment of a whole of activities that are part of the criminal proceeding. Applying the sanction corresponding to the criminal norm violated presupposes so therefore a criminal trial, which is why is useful one analysis, from the perspective criminal procedural law, of some aspects which visa the criminal liability of the civil servants. So that starting with a little theoretical considerations regarding of the intimation ways of the criminal prosecution bodies, stipulated by law to be possible to begin a criminal trial, then this study continues with the approach, including by reference to aspects of judicial practice, of the conditions in which may be engaged the civil servant's criminal liability to committing the offense of omission of the referral.
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Currently, it is an uncontestable reality the fact that the electromagnetic pollution is part of every individual’s life. The so-called electro smog represents a controversial subject under the aspect of the effects generated against human health; the studies conducted being controversial as well. In this context, of the scientific uncertainty, a important role is occupied by the law which must face these new challenges. Thus, the current article debates the principle of precaution and its application in this area.
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In our analysis, we demonstrate that the supremacy of the constitution is a quality of the fundamental lawthat has complex, social, political, historical and normative determinations and relates to the role of theconstitution in the state social system.
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The Constitutional Court of Romania, within the previous constitutional control, declared unconstitutional the Law amending Law no.161/2003 on certain measures for ensuring transparency in the exercise of public dignities, public functions and in the business environment, prevention and sanctioning of corruption. The normative act declared unconstitutional, by the Constitutional Court Decision no. 104/2018[1] , removes from the scope of the incompatibilities of the members of parliament, members of the Government, prefects, sub-prefects, mayors, presidents of county councils, vice mayors and vice-presidents of the county councils, the quality of trader as a natural person. The article analyzes the reading and the device of the decision of the Constitutional Court of Romania and highlights the implications for the local public administration.
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Marriage is regarded both as a social agreement and a legal contract in Islam. Unlike the optional Western prenuptial agreement, the matrimonial contract is a compulsory component of an Islamic marriage. In Saudi Arabia the matrimonial contract is used to ensure certain rights and privileges for the woman after marriage. Women who desire a non-traditional type of marriage (to have a job, not to be responsible for certain house chores presumed to be their obligation), stipulate such clauses in the matrimonial contract
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In this study, we sought to analyze issues related to the regulation of domestic violence against womenand, in particular, the regulation of rape committed between spouses (marital rape). The awareness of themagnitude and severity of the phenomenon of domestic violence in Romania, which we are talking aboutin this paper, has recently developed, thanks to the campaigns that have been conducted to inform thepublic and that have promoted the adoption of Law no. 217/2003 regarding the prevention and control ofdomestic violence.
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The role of the norm is to ensure the stability of the organization of social life and the functioning of thestate. The deviation from the legal norm, the penalty is the price paid for the deviation from the legal normby the coercive force of the state. The article aims to present aspects of the philosophy of ancient criminallaw, namely Plato’s thinking on The Laws, Book IX, to compare the role of the ancient criminal sanction,associated with moral education, with the relativity of the legal norm in modern and contemporary times.
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The free movement of capital is a basic pillar of the Internal Market of the European Union, along with threeother pillars, namely the free movement of goods, persons and services.The liberalization of capital movements in the European Union was achieved gradually, initially enshrinedin the provisions of the Single European Act (1986), then in the Treaties of Maastricht (1992) and Lisbon(2009).
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The paper also analyzes the evolution of an important indicator of the level of social development,determined on the basis of the life table, namely the life expectancy at birth. The indicator is largelyinfluenced by the mortality rates and age structure of the population. Even though during 2007-2016 thelevel of this indicator registered a slight increase in Romania, yet it is well below the level of the European Union.
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The statistics on the demographic development of the countries of the European Union have been examined. The demographic problems in the Republic of Bulgaria are outlined. The study identifies possible measures and initiatives to slow down and overcome unfavorable demographic trends.
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