Suchergebnisse

Peculiarities of Labour Cases in the Civil Procedure The confusing legal labour relations, especially the economic and social inequality of the subjects of such legal relations, also the necessity of security of social partnership and public interest determine the peculiar position of labour disputes in the context of other civil disputes. This also determines the peculiar regulations of examining legal labour disputes in the court. However, it is important to notice that according to the old Code of Civil Procedure the legal labour disputes were adjudicated as general civil disputes with not significant exceptions. This problem was solved in the new Code of Civil Procedure which was inured in the 2003. The peculiar regulations of examining legal labour disputes in the court were consolidated in the XX chapter which is called 'the peculiarities adjudication of labour cases'. The main peculiarities of this chapter are: alternative jurisdiction, employees exemption from legal costs, shorter, exact terms of the pre – trial stange and investigation of the case, the procedure of the conciliation, initiative court (the court is entitled to gather the evidences that parties are not basing on, may transcend the requests of the claim, can apply the alternative measures of defence) and etc. These peculiarities should guarantee during the investigation of the labour cases to: a) conciliate the parts; b) solve the legal labour disputes as fast as possible; c) identify the substantial truth , if it is impossible to conciliate the parts in the case. There is an enough basis of legislation in Lithuania which regulates the investigation of labour disputes. However, there comes a lot of questions and problems considered to exercising such legal rules. The practice shows that the main peculiarities are not exercised: the conciliation of the parts, the promptitude of the civil procedure and the initiative of the court. This situation motivates to make conclusions and take supplementary measures to exercise the purposes of investigation of labour cases. According to what was mentioned, the practice of foreign countries of investigation of labour cases in the courts is very helpful. Moreover, legal labour disputes are investigated in the specific labour courts in the majority of the foreign countries. Therefore, the advantages and disadvantages, the opportunities to borrow the positive practice of foreign countries was discussed and assessed in this master's work. The comparative analysis of investigation of labour cases in foreign countries was invoked in case to decree some conclusions. The main suggestions are: to pay more attention to the conciliation of the parts, to exercise the lawyers specialization, to form the colleges which will consist of professional and unprofessional lawyers (social partners).

Peculiarities of Labour Cases in the Civil Procedure The confusing legal labour relations, especially the economic and social inequality of the subjects of such legal relations, also the necessity of security of social partnership and public interest determine the peculiar position of labour disputes in the context of other civil disputes. This also determines the peculiar regulations of examining legal labour disputes in the court. However, it is important to notice that according to the old Code of Civil Procedure the legal labour disputes were adjudicated as general civil disputes with not significant exceptions. This problem was solved in the new Code of Civil Procedure which was inured in the 2003. The peculiar regulations of examining legal labour disputes in the court were consolidated in the XX chapter which is called 'the peculiarities adjudication of labour cases'. The main peculiarities of this chapter are: alternative jurisdiction, employees exemption from legal costs, shorter, exact terms of the pre – trial stange and investigation of the case, the procedure of the conciliation, initiative court (the court is entitled to gather the evidences that parties are not basing on, may transcend the requests of the claim, can apply the alternative measures of defence) and etc. These peculiarities should guarantee during the investigation of the labour cases to: a) conciliate the parts; b) solve the legal labour disputes as fast as possible; c) identify the substantial truth , if it is impossible to conciliate the parts in the case. There is an enough basis of legislation in Lithuania which regulates the investigation of labour disputes. However, there comes a lot of questions and problems considered to exercising such legal rules. The practice shows that the main peculiarities are not exercised: the conciliation of the parts, the promptitude of the civil procedure and the initiative of the court. This situation motivates to make conclusions and take supplementary measures to exercise the purposes of investigation of labour cases. According to what was mentioned, the practice of foreign countries of investigation of labour cases in the courts is very helpful. Moreover, legal labour disputes are investigated in the specific labour courts in the majority of the foreign countries. Therefore, the advantages and disadvantages, the opportunities to borrow the positive practice of foreign countries was discussed and assessed in this master's work. The comparative analysis of investigation of labour cases in foreign countries was invoked in case to decree some conclusions. The main suggestions are: to pay more attention to the conciliation of the parts, to exercise the lawyers specialization, to form the colleges which will consist of professional and unprofessional lawyers (social partners).

Peculiarities of Labour Cases in the Civil Procedure The confusing legal labour relations, especially the economic and social inequality of the subjects of such legal relations, also the necessity of security of social partnership and public interest determine the peculiar position of labour disputes in the context of other civil disputes. This also determines the peculiar regulations of examining legal labour disputes in the court. However, it is important to notice that according to the old Code of Civil Procedure the legal labour disputes were adjudicated as general civil disputes with not significant exceptions. This problem was solved in the new Code of Civil Procedure which was inured in the 2003. The peculiar regulations of examining legal labour disputes in the court were consolidated in the XX chapter which is called 'the peculiarities adjudication of labour cases'. The main peculiarities of this chapter are: alternative jurisdiction, employees exemption from legal costs, shorter, exact terms of the pre – trial stange and investigation of the case, the procedure of the conciliation, initiative court (the court is entitled to gather the evidences that parties are not basing on, may transcend the requests of the claim, can apply the alternative measures of defence) and etc. These peculiarities should guarantee during the investigation of the labour cases to: a) conciliate the parts; b) solve the legal labour disputes as fast as possible; c) identify the substantial truth , if it is impossible to conciliate the parts in the case. There is an enough basis of legislation in Lithuania which regulates the investigation of labour disputes. However, there comes a lot of questions and problems considered to exercising such legal rules. The practice shows that the main peculiarities are not exercised: the conciliation of the parts, the promptitude of the civil procedure and the initiative of the court. This situation motivates to make conclusions and take supplementary measures to exercise the purposes of investigation of labour cases. According to what was mentioned, the practice of foreign countries of investigation of labour cases in the courts is very helpful. Moreover, legal labour disputes are investigated in the specific labour courts in the majority of the foreign countries. Therefore, the advantages and disadvantages, the opportunities to borrow the positive practice of foreign countries was discussed and assessed in this master's work. The comparative analysis of investigation of labour cases in foreign countries was invoked in case to decree some conclusions. The main suggestions are: to pay more attention to the conciliation of the parts, to exercise the lawyers specialization, to form the colleges which will consist of professional and unprofessional lawyers (social partners).

It has become commonplace to describe the Rehnquist Court as having staged a "Federalism Revolution." Although the current status of the Revolution is in dispute, historical treatment of the Supreme Court's jurisprudence under Chief Justice Rehnquist no doubt will emphasize a resurgence of federalism and limited construction of federal power. Cases like Gregory v. Ashcroft, New York v. United States, United States v. Lopez, Printz v. United States, Alden v. Maine, and United States v. Morrison all share a common rule of interpretation: Narrow construction of federal power to interfere with matters believed best left under state control. The textual hook for this rule of strict construction has been the Tenth Amendment. The Court's reliance on the Tenth Amendment has been the source of unrelenting scholarly criticism, particularly because the amendment itself literally does nothing more than announce a mere "truism": Those powers not delegated are reserved. It says nothing about whether delegated powers are to be broadly or strictly construed. As I have written in two previous articles, Founders such as James Madison believed that the Ninth Amendment, not the Tenth, established a rule of strict construction. In this article, I address how it came to pass that the Tenth Amendment, and not the Ninth, became accepted as an independent rule of strict construction. Ironically, it was Madison himself who drafted the document that would establish the Tenth Amendment as the primary guarantor of constitutional federalism. Madison's 1800 "Report on the Virginia Resolutions" denounced the Alien and Sedition Acts as exceeding Congress's enumerated powers and thus intruded upon the retained rights of the states in violation of the Tenth Amendment. His Report became a canonical document in the 19th century states' rights movement and transformed the Tenth Amendment into a symbolic declaration of limited federal power.

Companies are divided into companies with legal status, namely PT and Cooperative, as well as non – legal companies such as UD, CV, Firm, and Maatschap. Managing a company is not easy so that if there is a decline in business prospects, PT can be restructured by the MKAPP in the Company Law, while the restructuring regulations for Non – Legal Entities are given alternatives through the Partnership in the MSME Law and changes in establishment stipulated by the GMS in the Job Creation Law. This causes the legal vacuum related to whether they can implement the Restructuring of Non – Legal Entities or not, and the Role of Notaries in the obligation to make deeds according to the wishes of the parties. The regulations on the MSME Law and the Job Creation Law have not been able to provide legal certainty regarding the restructuring of Non – Legal Entity Companies even though options have been given in the MSME Law and the Job Creation Law. Therefore, special legislation or implementing regulations are required in Government Regulations related to Restructuring of Non – Legal Entity Companies, and Notaries must always be careful of their authority as public officials. KEYWORDS: Notary, Restructured, Non – Legal Companies Perusahaan dibagi menjadi perusahaan berbadan hukum yaitu PT dan Koperasi, serta Perusahaan Non Badan Hukum seperti UD, CV, Firma, dan Maatschap. Mengelola perusahaan tidak mudah sehingga bila terjadi penurunan prospek usaha, PT dapat dilakukan restrukturisasi MKAPP dalam UUPT, sedangkan peraturan restruktusisasi Perusahaan Non Badan Hukum hanya diberikan alternatif melalui Kemitraan dalam UU UMKM dan perubahan pernyataan pendirian yang ditetapkan dengan RUPS dalam UU Cipta Kerja. Hal ini menyebabkan kekosongan hukum terkait dapat atau tidak dapat dilakukannya Restrukturisasi Perusahaan Non Badan Hukum serta Peran Notaris dalam kewajiban membuat Akta sesuai keinginan pihak. Peraturan UU UMKM dan UU Cipta Kerja belum dapat memberikan kepastian hukum tentang restrukturisasi Perusahaan Non Badan Hukum walaupun telah diberikan pilihan dalam UU UMKM dan UU Cipta Kerja. Oleh karena itu, diperlukan peraturan undang – undang khusus atau peraturan pelaksana dalam Peraturan Pemerintah terkait Restrukturisasi Perusahaan Non Badan Hukum, dan Notaris selalu berhati – hati dalam melaksanakan kewenangannya sebagai pejabat umum. KEYWORDS: Notaris, Restrukturisasi, Perusahaan Non Badan Hukum.

Статья посвящена определению административных и финансовых правоотношений с участием государственных учреждений. Финансовые правоотношения существуют лишь в том случае, если имеются предусматривающие их статьи действующего законодательства. Финансовому правоотношению с участием государственных учреждений свойственна конкретная определенность круга субъектов. Финансовая деятельность учреждений – это выполнение ими функций по планомерному образованию, распределению и использованию денежных фондов в связи с осуществлением своих задач. ; Article is devoted to the analysis administrative and financial legal relations with the participation of state establishments. The author analyses the scholars of general theory of state and law and the representatives of judicial branches pay great attention to the «legal subject» research. If there are special articles of legislation financial legal relations with the participation of state establishments do exist. Financial legal relations with the participation of state establishments exist in a concrete of subjects. In the theory of law is defined as a person, eligible to be a participant in financial relations, who has the necessary rights and duties. Establishment financial activity is the exercising of functions in educational planning, distributing and using funds according to their resolving problems. The grounds of lawful regulation of the establishments in the system of the subjects of the financial law are the rules of the RF Constitution, the Civil Code, the Budget Code and others. The Law is the active element of the society influencing its proper development. The peculiarities of the lawful status of the special kinds of the establishments are defined in the profile (branch) spheres. Realizing expenses of financial means, the realizes its tasks of internal and external development, reaches the aims, which make its essence, and also affects the society. The right to financing is the guarantee of legal establishment's financial activity. In general theory of law legal politics is defined as a special form of expressing governmental policy, the means of legal legitimating, fixing and country's political course of its exercising official leaders and authoritative structures. Local-legal politics of the state establishment in financial sphere – is a kind of financial-legal politic, which is expressed, in the ways and methods of tasks realization of establishments in financial sphere. The financial control is a very important function in the activity of any state. The financial activity of state establishments is under the state and internal control.

Legal acts governing bankruptcy legal relationships may be considered amongst the most important legislation that regulates mutual relationships between economic entities under market economy conditions. First of all, bankruptcy of any company is associated with numerous requirements of the creditors, that why liquidation of a bankrupted enterprise makes a direct impact on civil turnover in process of the state. Second, bankruptcy proceedings executed in an intense, effective and economical manner ensure protection not only of the interests of creditors of the enterprise-debtor that is under bankruptcy but also the interests of the enterprise itself and social interests of the state. Complexity of bankruptcy cases' investigation is reasoned by frequent change of legal acts ruling bankruptcy legal relationships, the need to protect public interest, specific structure of bankruptcy procedure. Because of the listed reasons research of bankruptcy procedure becomes extremely vital. The object of this research – bankruptcy legal relationships and specific features of judicial investigation of bankruptcy cases, historical origin, development, legal origin, objectives and the essence of bankruptcy procedures. This research seeks to study in a complex manner specific features of investigation of bankruptcy cases in courts, to detect drawbacks of the existing legal regulations and to make proposals and recommendations for their improvement. Also the author of this research analyses the origin and the development of rudiments of bankruptcy proceedings in the Roman law, evolution of bankruptcy relationships in Middle Ages, New and Modern times. Further the author analyses the concepts of bankruptcy procedure and insolvency, examines the objectives of bankruptcy procedure and possibilities to choose one or another bankruptcy procedure regulation model, specifies the essence of bankruptcy procedure models existing in other foreign countries. Also the author analyses framework of operation of general principles of civil procedure in bankruptcy cases, the legal status of the participants of bankruptcy procedure, deals with the basics of filing a petition to initiate a bankruptcy case, also specific features of preparation for judicial investigation of a bankruptcy case, basis for initiating a bankruptcy case and legal outcomes. Considerable attention is also paid to highlight the basis and peculiarities of the closure of a bankruptcy case when the decision is not taken on the termination of the enterprise.

Legal acts governing bankruptcy legal relationships may be considered amongst the most important legislation that regulates mutual relationships between economic entities under market economy conditions. First of all, bankruptcy of any company is associated with numerous requirements of the creditors, that why liquidation of a bankrupted enterprise makes a direct impact on civil turnover in process of the state. Second, bankruptcy proceedings executed in an intense, effective and economical manner ensure protection not only of the interests of creditors of the enterprise-debtor that is under bankruptcy but also the interests of the enterprise itself and social interests of the state. Complexity of bankruptcy cases' investigation is reasoned by frequent change of legal acts ruling bankruptcy legal relationships, the need to protect public interest, specific structure of bankruptcy procedure. Because of the listed reasons research of bankruptcy procedure becomes extremely vital. The object of this research – bankruptcy legal relationships and specific features of judicial investigation of bankruptcy cases, historical origin, development, legal origin, objectives and the essence of bankruptcy procedures. This research seeks to study in a complex manner specific features of investigation of bankruptcy cases in courts, to detect drawbacks of the existing legal regulations and to make proposals and recommendations for their improvement. Also the author of this research analyses the origin and the development of rudiments of bankruptcy proceedings in the Roman law, evolution of bankruptcy relationships in Middle Ages, New and Modern times. Further the author analyses the concepts of bankruptcy procedure and insolvency, examines the objectives of bankruptcy procedure and possibilities to choose one or another bankruptcy procedure regulation model, specifies the essence of bankruptcy procedure models existing in other foreign countries. Also the author analyses framework of operation of general principles of civil procedure in bankruptcy cases, the legal status of the participants of bankruptcy procedure, deals with the basics of filing a petition to initiate a bankruptcy case, also specific features of preparation for judicial investigation of a bankruptcy case, basis for initiating a bankruptcy case and legal outcomes. Considerable attention is also paid to highlight the basis and peculiarities of the closure of a bankruptcy case when the decision is not taken on the termination of the enterprise.

The Freshwaters of Patagonia adopts a socioecological approach, in which experts from across Patagonia review recent, scientifically rigorous literature and data of their own, thus synthesizing the current knowledge directly relevant to understand the present state and future trends of icefields, freshwater and wetland ecosystems in this region. The books organization into three parts provides a studied and comprehensive view on the patterns and processes of the various ecosystems in Patagonia, and describes the sociological aspects of freshwater ecosystems, as well as characterizes the conservation of the freshwater and wetland ecosystems, in Patagonia. The chapters offer a broad, state-of-the-art overview of the current status of glaciers, freshwater and wetland ecosystems of this region, as well as studies of both local and large scale biodiversity patterns, and study cases of extreme and naturally polluted environments.The volume concludes with the current status of Patagonian freshwaters, and discusses the scientific, legal and administrative tools aimed at their sustainable management within the framework of the UNEP Sustainable Development Goals 2030 Agenda. A broad audience of students, scientists, engineers, environmental managers, and policy makers will be interested in this volume.

Making civility : historical racial exclusion technologies within Canadian democracy / Ameil Joseph -- The role of academe in enhancing civil society engagement / Robert Feagan and Ken Paradis -- Reading gender identity and sexual orientation into the refugee determination tegime : is there room for advocacy? / Hila Taraky -- Refuge Hamilton Centre for Newcomer Health (HCNH) : civic engagement and the rights of refugees to access health care / Maroussia Hajdukowski-Ahmed, Terri Bedminster, and Sue Grafe -- Claiming the right to be present : serving migrants with precarious legal status in the sanctuary city of Hamilton, Ontario, Canada / Stacey Wilson-Forsberg -- Redefining political spaces : everyday citizenship from a place of exclusion / Mirna Carranza -- Faith group as an ally : Filipina norms in civil society activism / Josephine Eric -- Advocates with status : a snapshot of three NGOs in the Canadian migrant agricultural workers' movement / Carrie Sinkowski -- The recent historical role of Canadian civil society in combatting racism / Tim Rees -- Anti-racism state appeasement strategies : Ontario 2017 / Patricia M. Daenzer and Tim Rees -- Politics and the education of African Canadians / Patricia M. Daenzer and Wayne Burnett -- Conclusions : the struggle for "better" / Patricia M. Daenzer.

Worldwide, 59.5 million people were displaced in 2014, 51 % of which were children under the age of 18. Officially, 34,400 asylum applications were submitted by unaccompanied minors. Due to their particular vulnerability, they pose a particular challenge for their host societies. The study describes the phenomenon of unaccompanied minors and compares the international, European and national standards of protection with the current situation and the legal practice in Austria, Canada, Hungary, Germany, Italy, Poland and the United States. In addition to the overall situation, the following topics are analysed: the application of the Convention on the Rights of the Child, special treatment as a minor, age determination, guardianship, residences status, asylum procedure, accommodation, youth services, livelihood support benefits, medical treatment, schooling, work permit and changes in the protection status when coming of age. Recent developments are identified, and conclusions are drawn regarding further improvements. The study makes an important contribution to highlighting the particular vulnerability of unaccompanied minors even in the face of the enormous challenges which the current refugee situation brings with it.

Abstract
This study builds on an analytical framework of access to healthcare and, using notes from interviews conducted with 110 migrants of different categories, it discusses the fit between migrant patients and Turkish health services. There is an overall mediocre fit between migrant patients and the Turkish healthcare system, which varies for different migrant groups, and is influenced by the dimensions of awareness, availability, affordability, and accommodation. Migrants' social capital and socio-economic statuses affect the degree of fit, while irregularities in their legal statuses do not necessarily create a misfit. The existence of many private healthcare institutions offering various services to patients with different incomes and operating in informal ways has improved accessibility, availability, affordability, and accommodation and thus affects the fit positively. Therefore, the health reforms that paved the way for privatization, marketization, and commodification of health services in Turkey in the early 2000s also help explain the degree of fit. Migrants suffer most from language barriers in the health system, and there is an alarming decline in acceptability especially for Syrian refugees, who have reported facing discrimination while seeking healthcare.

This article aims to analyse the asylum process within the European Union, more specifically with regard to the LGBTIQ people. Firstly, it will create a list of legal instruments and complementary documents, which will determine the degree of protection offered by both international organisations and transnational NGOs. Secondly, in light of pervious evolution of interpretation, the article seeks to present the framework, which leads to the possibility of granting refugee status to LGBTIQ persons. Although gender is not a specific reference in the refugee definition, it is widely accepted that persecution and harm can be inflicted on persons non-conforming to the traditional gender roles. Thirdly, it explores the challenging factors that are taken into account when granting refugee status to applicants with such sensitive grounds for the claims. Alongside the third part of the essay lies the question the paper seeks to ask. Therefore, the research is attempting to determine the extent of the protection offered to LGBTIQ asylum seekers and what can be improved in said process, both at the European level and national level.

As a result of the so-called "migration crisis" and its corresponding public policy response, freedom of movement in Europe has been largely conditioned by how "problematic" a particular group of migrants in question is considered, based on their cultural diversity, socio-economic status and legal status. In this context, studies on diversity management and research on migration and inequality have generally been addressed separately. Starting from the idea that literature on policy studies could benefit from incorporating research on inequality and diversity management in the field of migration, this chapter starts from the phenomenon of "migration to the West" of the Roma population to explain how marginalisation trends are generated and reproduced through ethnically oriented policies. The information used has been obtained through interviews with legislators in charge of the integration policies of the Roma population in Spain. By questioning how the issue of "migration of the Roma population" is understood and addressed by policy makers, this chapter contributes to the broader debate of complex inequalities with the analysis of redistribution, recognition and representation in policies explicitly aimed at the integration of the Roma population.