Formal authority implicitly carries power. But very few people are aware that there is also an informal power, which is not linked to any position or hierarchy, but capable of exerting great impact. How can you use your power to make it more influential? This book explains how power affects our emotions, our behavior and the way we interact with others. You will learn how to be self-aware to keep your power in check, as well as connect with the right people to create more value and react to abuses of power, so that you can make your legacy deep and lasting.
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La vertiente religiosa, ética, política y social del matrimonio y la familia provocan intervenciones de los poderes públicos que no siempre se mantienen en sus justos límites, a la luz de la teoría general del derecho. La regulación civil del matrimonio vigente hoy en España suscita en el jurista profundas perplejidades. Con exagerada frecuencia se acusa a la Iglesia de extralimitarse en el ámbito de su competencia religiosa. Pero, el mismo interrogante puede hacerse, con total justicia, sobre la actuación del Estado en la regulación positiva del matrimonio. Justificada, por razones de bien común y paz social, la legislación acordada entre el Estado Español y la Iglesia católica, es justo preguntarse si el Estado, en su vigente legislación sobre el divorcio civil, respeta los justos límites de su competencia, cuándo la aplica a los matrimonios canónicos, con efectos civiles. Porque el ser constitutivo de ese matrimonio canónico no se lo ha dado el Estado, sino la Iglesia. Al declararlos disueltos quiebra, de forma brusca, la sana doctrina de las justas relaciones entre ordenamientos jurídicos. ; The religious ethic political and social aspect of marriage and of the family causes interventions of the political powers that not always remain within the right limits in the light of the general theory of the law. The civil regulation for marriage in force today in Spain arouses deep bewilderment among the jurists. Too frequently the Church is accused of exceeding the limits in the field of her religious competence. But in all fairness, the same question can be raised about the State's performance concerning the positive regulation for marriage. Once the legislation agreed to between the State and the Catholic Church for reasons of the common good and social peace is justified it is fair to wonder whether in its current legislation on the civil divorce the State respects the right limits of its competence applying it to canonical marriages, with civil effects. For to be constitutive of that canonical marriage it is not the State but the Church that has given it to it. Declaring them annulled breaks abruptly the sound doctrine on the just relations among juridical orderings.
The purpose of the research is to develop a comparative analysis of the essence of the abuse of the occupational (official) position within the framework of the science of criminal law. It is indicated that criminal liability for the abuse of the occupational (official) position in the performance of his duties has been established for certain specific offences under the Special Part of the Criminal Code of Ukraine. To achieve the stated objective and solve the stipulated tasks, general and special scientific methods were used, in particular, the structural system to analyze crime in the field of official activities and prevent it as a theoretical problem and holistic phenomenon throughout the process. The results obtained allow us to conclude that, in most countries of continental Europe there is a simplification of the qualification of the actions committed by an official in a single article, however, there is a clear link with the consequences caused in the form of pecuniary damage, which allows the prosecution to build much faster a causal component of the actions of a person within a single legal criminal corpus and pass evidence to the court.
The subject of the investigation is devoted to the problems of administrative and legal security of public information services. The main content characterized the essence of the security of public information services as a constituent element of the national security mechanism; in addition, a retrospective analysis of this notion was carried out and the current state of the normative regulation of its use was established. It is argued that the regulatory framework to guarantee the security of public information services is a distributed set of legislative and normative acts, whose current state requires the active promotion of processes of systematization of legislation to achieve the desired level of efficiency in the implementation of the right to information. Methodologically, a review of materials and methods based on the analysis of documents of the activities of the authorities in the field of security of public information services was carried out. By way of conclusion, se found that an official regulatory act "On Public Information Services" is required, in which the principles of operation of public administration bodies and their conceptual and systemic interaction must be enshrined.
This paper show why the standardization of administrative procedure is important for the state legal system that, in the last two decades, the administrative procedure codes were adopted in almost all of the European states. Afterwards author analyzed main driving forces for development of administrative procedural law at the level of the European Union and the Council of Europe. The most important legal sources of European administrative procedural law (basic standards, principles, recommendations and guidelines in this area) are concisely presented but it is clearly indicated that there are certain ambiguities, that these sources don't apply equally to all institutions of the Union, and that they still don't make finished, complete and forever given system that can be automatically transferred to jurisprudence of the member states and candidate countries. Moreover, often administrative process laws of the member states contain rules that are not existing in this kind of regulation at European Union level and that is why the process of adopting the first European Union general law on administrative procedure was initiated, which would further improve the standards of European administrative process in general. When it comes to the general administrative procedure of the Republic of Serbia it has been shown that in spite of the strategic orientation towards the reform of the Law on Administrative Procedure expressed in numerous strategies, our executive authorities in this area have not yet moved beyond the development of the third version of the Draft Law on General administrative Procedure which was afterward adopted by the Government as the Bill. In his final remarks the author concludes stating that the largest number of European standards of administrative process are included in the final version of the Draft, but without eliminating the shortcomings of the existing Law, and without normative adjusting to the circumstances in which the Serbian administration operates, and with unnecessary abandonment of some solutions that have proved to be right in the decades-long practice of administrative authorities.
The purpose of this investigation is to analyze the role of the Administration in the context of a modern Administrative State, by offering a conceptual scheme that might be more suited for the better understanding of what the Administrative Office entails, and by commenting on some of the problems facing the basic theories that are usually cited for this purpose. What is ultimately argued is that western jurisprudence has usually favoured an understanding of the State that is centered on the liberal ideal of Rule by Law. Under this paradigm, the role of the Administration is limited to a mere executor of legislated mandates, minimizing its role in the search for the general interest. ; El objetivo de esta investigación es resituar conceptualmente a la Administración del Estado en el contexto de un Estado Administrativo moderno, ofreciendo un marco conceptual más adecuado para su correcta inteligencia y poniendo de relieve algunos déficits de las teorías trabajadas por la doctrina para dar cuenta de la actividad de intervención de la Administración. Lo anterior, con el propósito de mostrar que la tradición jurídica occidental ha sido reacia a aceptar configuraciones del Estado donde prevalezca la idea de Estado social, otorgando preeminencia al Estado de derecho liberalmente concebido. Bajo este paradigma, el lugar que corresponde a la Administración es el de un mero ejecutor de normas, no el de un Estado construido en torno a un propósito común: el interés general.
El maltrato a personas mayores es una realidad que todavía hoy sigue existiendo a pesar de haberse incluido en las preocupaciones profesionales, políticas y sociales de nuestra sociedad actual. El maltrato al anciano viene definido por patrones culturales según la comunidad de referencia, el momento histórico y el entorno sociocultural que los rodea. Además suele tener lugar tanto en el ámbito social-comunitario, institucional y familiar. En este trabajo nos vamos a centrar en definir los diferentes conceptos relacionados con el maltrato al anciano, las diferentes formas del mismo y sus factores de riesgo, y como detectarlo. ; Elder abuse is a reality that still exists today despite having been included in the professional, political and social concerns of our current society. Elder abuse is defined by cultural patterns according to the community of reference, the historical moment and the sociocultural environment that surrounds them. In addition, it usually takes place in the social-community, institutional and family spheres. In this paper we will focus on defining the different concepts related to elder abuse, the different forms of the same and their risk factors, and how to detect it.
The object of the research was to consider the methods of protection of people's rights according to the administrative-procedural order and also in administrative judicial proceedings. A number of normative legal acts regulating the use of tools for the protection of subjective public rights were considered. Attention has been drawn to the following methods of protection of people's rights, according to the administrative-procedural order and in administrative judicial proceedings: administrative procedure; administrative mediation; administrative appeal; subjecting guilty public administration officials to special disciplinary liability; compensation for damage caused by unlawful actions (inaction) of public administration entities; means of self-defense and legal means of protest. The methodological basis of the research was presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. It was concluded that in the scientific literature it is very often the case that protection methods are not used, but tools, means and forms. The authors also examine the methods of protection of rights, freedoms and interests of individuals in the sphere of public administration.
In this paper, the author points to the outdated textbook classification of states into three groups, according to whether they have carried out the codification of administrative procedure or not. The first group includes the states that have administrative procedures fully codified. The second group comprises the states with the so-called mixed systems, which have uncodified procedural regulations related to the administration, while the third group contains a few states that do not have administrative procedural regulations at all. The author analyzes recent changes in this highly dynamic field in order to specify general patterns, common characteristics and peculiarities of regulations of general administrative procedure in contemporary states. The paper especially points to the general acceptance of the concept of administrative act but also underscores the differences in its content in various legal systems. The author has identified and analyzed some smaller standalone trends, such as: the increasing complexity of administrative procedures along the lines of judicial procedures, and the most recent deviations from this trend; the increasing presence of administrative contracting and other forms of alternative dispute resolutions of administrative matters; and the growing insistence on the principle of citizens' participation in administrative proceedings. The goal of the analysis is to determine the degree of influence of the Global and European administrative law on the national regulations, to explore the activities of certain expert organizations bringing together a number of experts in the field of comparative administrative law, and to discuss the course of the latest regulations in this area.
From a documentary methodology, the objective of the article was to analyze the administrative and legal regulation of space tourism and the characteristics of this form of tourism as a type of space activity. In legal perspective, space tourism as any type of relationship must be regulated, including in the administrative and legal sense, because the role of the State in the regulation of these relationships is of particular importance and, in our opinion, requires special attention and legal analysis. A characteristic feature of the administrative and legal regulation of space tourism is that one of the participants in these relations are corporations that develop the space industry, including space tourism, and the state creates a legal basis for the development of these relations and if it applies to the developed space industry, invests in this activity and promotes develop-ment in all possible directions. Therefore, we believe that special attention should be paid to the administrative and legal regulation of space tourism. It is concluded that the administrative and legal regulation of space tourism is a deliberate influence of the norms of administrative law on the regulation of social relations arising in the field of space tourism.
The study established the role of electronic evidence in the system of administrative procedures in Ukraine and in the member states of the Council of Europe. Direct observation, comparison and analysis of the content of the documents were used. The key results of the study were the peculiarities identified from the use of electronic evidence in administrative procedures among the 47 member states of the Council of Europe; established sources of creation, origin of electronic evidence to be used in administrative procedures; the resolute attitude of the European Court of Human Rights and the Committee of Ministers of the Council of Europe towards electronic evidence in administrative proceedings. Unlike paper documents, electronic documents require special attention to their review, search and involvement in the case. It is concluded that the study of electronic evidence should be approached from the point of view of the knowledge and skills of specialists, experts and interpreters who have the appropriate license and experience. The prospects for further investigations are establishing the importance of law enforcement agencies in the field of cybersecurity in ensuring the integrity of electronic evidence used in administrative proceedings.
Prior to any analysis on the subject that corresponds to us to develop, it is necessary to define the legal framework applicable to the institutions of the Upper House, since the regulation of the Corporation's agencies and services is dispersed in a series of regulations. ; Previo a cualquier análisis sobre el tema que nos corresponde desarrollar, es preciso delimitar el marco jurídico aplicable a las instituciones de la Cámara Alta, dado que la regulación de los organismos y servicios de la Corporación, se encuentra dispersa en una serie de normas.
This paper examines the role of the concluding myth of the Phaedo in the context of the dialogue as a whole, arguing that the myth's exploration of the relationship between action, condition of soul and form of life provides valuable information about Plato's conception of the kind of political environment necessary for human flourishing. It identifies three features of the myth essential to this exploration: its self-critical construction of the perspective of the makers of this myth, its focus on the conditions under which violent deeds are committed and its envisaging of the form of human community necessary for the expiation of such deeds.
This paper examines the role of the concluding myth of the Phaedo in the context of the dialogue as a whole, arguing that the myth's exploration of the relationship between action, condition of soul and form of life provides valuable information about Plato's conception of the kind of political environment necessary for human flourishing. It identifies three features of the myth essential to this exploration: its self-critical construction of the perspective of the makers of this myth, its focus on the conditions under which violent deeds are committed and its envisaging of the form of human community necessary for the expiation of such deeds.
The purpose of this paper is to address confidentiality in electronic public procurement, since current legislation in Uruguay determines that public procurement must be guided, in a very broad rule, by the principle of transparency, considering that it is the true basis of contracting democracy, which makes it the main instrument to combat corruption. It happens that the legal system foresees exceptions, in which the information can be classified as secret, reserved and confidential, as defined by the legislation. Finally, it addresses the Electronic Opening modality to be used by the Public Administration in its contracts. ; El propósito de este artículo es abordar la confidencialidad en la contratación pública electrónica, ya que la legislación vigente en Uruguay determina que la contratación pública debe guiarse, en una regla muy amplia, por el principio de transparencia, considerando que es el verdadero sustento de la contraer la democracia, lo que la convierte en el principal instrumento para combatir la corrupción. Ocurre que el ordenamiento jurídico prevé excepciones, en las que la información se puede clasificar como secreta, reservada y confidencial, según lo define la legislación. Finalmente, aborda la modalidad de Apertura Electrónica para ser utilizada por la Administración Pública en sus contratos. ; O objetivo deste trabalho é abordar o sigilo na contratação pública eletrônica, uma vez que a legislação em vigor no Uruguai determina que a contratação pública deve ser pautada, em regra muito ampla, pelo princípio da transparência, por ser esta a verdadeira base da democracia contratual. o que o torna o principal instrumento de combate à corrupção. Ocorre que o ordenamento jurídico prevê exceções, nas quais as informações podem ser classificadas como secretas, reservadas e confidenciais, conforme definido pela legislação. Por fim, trata da modalidade Abertura Eletrônica a ser utilizada pela Administração Pública em seus contratos.
