Suchergebnisse

Introduction. In 2016, after the Western Cape Liquor Act was enacted, alcohol outlets were mapped in the six towns from a previous 2008 study to determine: 1) alcohol outlet density ; 2) the association between deprivation and alcohol outlet density ; 3) geospatial trends of alcohol outlet densities ; and 4) the impact of alcohol legislation. Methods. Latitude and longitude coordinates were collected of legal and illegal alcohol outlets, and alcohol outlet density was calculated for legal, illegal and total alcohol outlets by km2 and per 1000 persons. To determine the impact of legislation, t-tests and hot spot analyses were calculated for both 2008 and 2016 studies. Spearman coefficients estimated the relationship between alcohol outlet density and deprivation. Results. Although not statistically significant, the number of alcohol outlets and the density per 1000 population declined by about 12% and 34%, respectively. Illegal outlets were still more likely to be located in more deprived areas, and legal outlets in less deprived areas ; and a reduction or addition of a few outlets can change a town&rsquo ; s hot spot status. Conclusions. Further studies with larger sample sizes might help to clarify the impacts of the Liquor Act, and the more recent 2017 Alcohol-Related Harms Reduction Policy on alcohol outlet density in the province.

International audience ; The general, collective and particular interests have a common denominator which is the word "interest". These three notions, which are at once legal, functional or utilitarian and eminently political, are based on capitalist and liberal or neoliberal ideology. They also can coexist in the same situation or affair. Other corollary notions such as the subjective and objective right, the public order, the grouping, the legal person, the legal or moral personality, the prejudice, obey the same status or statement. It is therefore appropriate beyond their supposed opposition to seek their dynamics, interaction, interdependence or complementarity in a coherent system whose cornerstone is the general interest. ; Les intérêts général, collectif et particulier ont un dénominateur commun qui est le mot "intérêt". Ces trois notions qui sont à la fois juridiques, fonctionnelles ou utilitaristes et éminemment politiques, trouvent leur fondement dans l'idéologie capitaliste et libérale ou néolibérale et peuvent coexister dans une même situation ou affaire. D'autres notions corollaires comme le droit subjectif et objectif, l'ordre public, le groupement, la personne morale, la personnalité juridique ou morale, le préjudice, obéissent au même statut ou constat. Aussi convient-il au-delà de leur supposée opposition de rechercher leurs dynamique, interaction, interdépendance ou complémentarité dans un système cohérent dont la pierre angulaire est l'intérêt général.

Introduction. In 2016, after the Western Cape Liquor Act was enacted, alcohol outlets were mapped in the six towns from a previous 2008 study to determine: (1) alcohol outlet density; (2) the association between deprivation and alcohol outlet density; (3) geospatial trends of alcohol outlet densities; and (4) the impact of alcohol legislation. Methods. Latitude and longitude coordinates were collected of legal and illegal alcohol outlets, and alcohol outlet density was calculated for legal, illegal and total alcohol outlets by km2 and per 1000 persons. To determine the impact of legislation, t-tests and hot spot analyses were calculated for both 2008 and 2016 studies. Spearman coefficients estimated the relationship between alcohol outlet density and deprivation. Results. Although not statistically significant, the number of alcohol outlets and the density per 1000 population declined by about 12% and 34%, respectively. Illegal outlets were still more likely to be located in more deprived areas, and legal outlets in less deprived areas; and a reduction or addition of a few outlets can change a town's hot spot status. Conclusions. Further studies with larger sample sizes might help to clarify the impacts of the Liquor Act, and the more recent 2017 Alcohol-Related Harms Reduction Policy on alcohol outlet density in the province.

The aim of this research is to know why part of community conducts a marriage approval and the marriage approval is conducted in the Customary Community of South Malalak by Maninjau Religious Court Class II. The method used in this research is judicial-empirical. The research results are (1). The community starts to realize the benefit of recorded marriage and the community starts to realize how important the marriage status acknowledged by the country and realize the legal consequence if the marriage is not recorded. (2) in terms of marriage recording, it is by doing notification activity towards customary community of South Malalak, and notifying the requirements needed to conduct approval and to give explanation regarding the procedure from the marriage approval. 3). The legal consequence after conducting marriage approval is the guarantee of legal certainty for the spouses that do not have marriage certificate, the protection on particular rights as the citizens after marriage, for the divorce interest (divorced/death divorced), the marriage book issued after approval becomes one of the proofs for divorce requirement which can be processed in the Religious Court, the assets obtained during marriage becomes shared assets since the beginning of the previous marriage, and the certainty of inheritance right on children, wife/husband if one of in the families is passed away.

The main approaches in the historical section to the legal category "legal status" are investigated. The analysis of the legal documents ofthe time, which established the rights, duties that existed in special settlers as a special category of persons. The legislative restrictions of Crimean Tatars' special settlers during the Soviet period are described. The special control, which was established concerning the special immigrants of the Crimean Tatars was analyzed, and the supervisory bodies, which were established by law, were investigated with regard to the special settlers of the Crimean Tatars. ; В статье исследованы основные подходы в историческом разрезе к правовой категории «правовое положение». Проведен анализ правовых документов того времени, которые устанавливали права, обязанности, существовавшие у спецпереселенцев как у особой категории лиц. Описаны законодательные ограничения спецпереселенцев крымских татар в советский период. Проанализирован особый контроль, который устанавливался по отношению к спецпереселенцам крымским татарам, исследованы контрольно-надзорные органы, которые создавались законодательством по отношению к спецпереселенцам. ; У статті досліджено основні підходи в історичному розрізі до правової категорії «правовий статус». Проведено аналіз правових документів того часу, що встановлювали права, обов'язки, які існували у спецпереселенців як в особливої категорії осіб. Описано законодавчі обмеження спецпереселенців кримських татар у радянський період. Проаналізовано особливий контроль, що був встановлений щодо спецпереселенців кримських татар, досліджено контрольно-наглядові органи, що призначалися законодавством щодо спецпереселенців кримських татар.

The subject matter of the essay—the phenomenon of secession of a part of state territory—is analysed from two aspects: the constitutional and the international one. We tried to explain the legal nature, normative solutions and consequences of secession, and to prove three hypotheses. The first hypothesis is that initiating the procedure for secession depends on certain factors such as ethnic conflicts, religion, and the distribution of political power in the world. The second hypothesis is that the success of secession depends on the constellation of the political and military power in a state. The third hypothesis is that international law still recognises the final status, although sometimes secession violates the constitutional norms of the predecessor state. In legal theory, secession is one form of exercising the right to self-determination. There is no rule in international law that allows for or prohibits secession. International law lacks precise standards on how to exercise the right to self-determination. From 1918 on there have been decisions that invoke the right of peoples to selfdetermination, but no legal norms in international law prescribe in what cases and how this right can be exercised. In this essay, we also talked about the dilemma of whether secession of certain territories is a precedent or whether that particular secession can create a custom.

AbstractSpanish jurists have inveterately seemed prone to the use of foreign terms to wrap up the most commonplace concepts of their discipline. If the usage of Latin aphorisms such as `rebus sic stantibus´ or `in dubio pro reo´, household words for jurisconsults, could be amply justified by the Latin roots of Spanish law, there is no such explanation for the recent proliferation of anglicisms, of which legal experts avail themselves notwithstanding the fact that these borrowings could easily be replaced by their existent Spanish equivalents. The tendency is particularly common in legal expressions relating to economics, business transactions and international relationships, undoubtedly favoured by the twofold evidence of the foundational English coinage of some of these concepts and contractual figures and the ever-increasing status of English as lingua franca. Spanish legislation explicitly recommends the usage of vernacular vocables when they can be found effortlesly: thus, "arrendamiento financiero" instead of "leasing" and "franquicia" in lieu of "franchising", but jurists seem reluctant to do so. We hazard a pragmatic interpretation of the inferential kind for this phenomenon: the introduction of anglicisms in legal speech adds to it a cryptic component of high cultural standard and cosmopolitan outlook on the part of the speaker that contributes greatly to his/her prestige.

Spanish jurists have inveterately seemed prone to the use of foreign terms to wrap up the most commonplace concepts of their discipline. If the usage of Latin aphorisms such as `rebus sic stantibus´ or `in dubio pro reo´, household words for jurisconsults, could be amply justified by the Latin roots of Spanish law, there is no such explanation for the recent proliferation of anglicisms, of which legal experts avail themselves notwithstanding the fact that these borrowings could easily be replaced by their existent Spanish equivalents. The tendency is particularly common in legal expressions relating to economics, business transactions and international relationships, undoubtedly favoured by the twofold evidence of the foundational English coinage of some of these concepts and contractual figures and the ever-increasing status of English as lingua franca. Spanish legislation explicitly recommends the usage of vernacular vocables when they can be found effortlesly: thus, "arrendamiento financiero" instead of "leasing" and "franquicia" in lieu of "franchising", but jurists seem reluctant to do so. We hazard a pragmatic interpretation of the inferential kind for this phenomenon: the introduction of anglicisms in legal speech adds to it a cryptic component of high cultural standard and cosmopolitan outlook on the part of the speaker that contributes greatly to his/her prestige.

In the spring of 1902, Miryam bint Lalu Partush appealed to military representatives in Ghardaïa, in the Mzab Valley (a valley of five fortified oasis cities in the northern Algerian Sahara, six hundred kilometers south of Algiers), for the paperwork that would allow her to undertake a six-month pilgrimage to Jerusalem with her husband, the wealthy merchant Musa (Moshe) bin Ibrahim Partush. Miryam Partush was unusual in possessing the means for such a rare, costly voyage; but notwithstanding her class, Partush's legal status was typical of most Muslims and southern Algerian Jews in Algeria. She was not a citizen, nor did she hold official papers of any kind. When Miryam Partush appealed to the military authorities in Ghardaïa, then, she was appealing for many things: for the right to leave her native valley and travel to the port of Algiers; for the papers that would allow her to cross colonial boundaries; and for the documentation that would register her liminal legal identity. Authorizing her travel, Algeria's governor-general named Partush a non-naturalized Jew from the Mzab. Thus did Partush embark on her six-month journey with a negative legal identity: this Jewish woman was definable, in the eyes of the law, only by what she did not possess. © 2014 Cambridge University Press.

В статье рассматриваются политические условия и организационные основы формирования милиции в системе исполнительной власти советского государства в 1917-1930 гг., определяются этапы становления правоохранительной системы, анализируются особенности правовой политики, дается оценка основных теоретических подходов к изменению государственно-правового статуса милиции. Автор обращает внимание на то, что в изучаемый период времени и в период последующего развития государства правовая политика строилась исключительно на основе политической целесообразности. Милиция как часть государственного аппарата не только концентрировала функции надзора и принуждения, но и осуществляла непосредственное подавление выступлений противников политической системы. ; The article deals with the political conditions and organizational basis of the formation of police agencies within the structure of executive power in the Soviet state in the period of 1917-1930. The author defines the stages in the development of the law enforcement system, analyzes the features of legal policy and assesses the major theoretical approaches to the change in the state-legal status of the police. The emphasis is made on the fact that during the named period and later the legal policy of the state was built solely around the principle of political expediency. Being a part of the state machine, the police not only accumulated the functions of supervision and coercion, but also exercised the power of suppressing the actions of existing political system opponents.

In the spring of 1902, Miryam bint Lalu Partush appealed to military representatives in Ghardaïa, in the Mzab Valley (a valley of five fortified oasis cities in the northern Algerian Sahara, six hundred kilometers south of Algiers), for the paperwork that would allow her to undertake a six-month pilgrimage to Jerusalem with her husband, the wealthy merchant Musa (Moshe) bin Ibrahim Partush. Miryam Partush was unusual in possessing the means for such a rare, costly voyage; but notwithstanding her class, Partush's legal status was typical of most Muslims and southern Algerian Jews in Algeria. She was not a citizen, nor did she hold official papers of any kind. When Miryam Partush appealed to the military authorities in Ghardaïa, then, she was appealing for many things: for the right to leave her native valley and travel to the port of Algiers; for the papers that would allow her to cross colonial boundaries; and for the documentation that would register her liminal legal identity. Authorizing her travel, Algeria's governor-general named Partush a non-naturalized Jew from the Mzab. Thus did Partush embark on her six-month journey with a negative legal identity: this Jewish woman was definable, in the eyes of the law, only by what she did not possess. © 2014 Cambridge University Press.

Setting up of agricultural producers in associative forms open up opportunities for the economic development of their activities, by attracting local or regional advantages and using collective power to increase the prosperity of members, their families and communities they belong to. Associative forms are founded to function on democratic principles valid for all members. The first forms of association in the rural areas in Romania have arose while introducing the modern cooperative principles materialized by Ion Ionescu de la Brad (1818 - 1891), economist, statistician, agronomist, prominent representative of Romanian agricultural sciences and famous politician from that time. The members of associative forms, in any form of organizing they belong to (associations, cooperatives or producers groups), have established democratic rights. Agricultural cooperative is an autonomous association of individuals and / or legal persons, with private legal entity status, established on the freely expressed consent of the parties, to promote the interests of cooperative members. Producer groups can be established for marketing of vegetable, animal, or forestry products. The association is the legal entity consisting of three or more persons, who according to an agreement, put together without the right to return the material contribution, knowledge and their contribution to labor, for the achievement of activities for the public, community, or personal interest.

9 pages ; The paper's aim is to consider the consequences of the Peñarroja FA judgment rendered by the Court of Justice of the European Union on 17 March 2011, on the status of the legal expert in France. The Court qualified the legal expert as a provider of service, which allows him to claim the freedom of establishment and the freedom to provide services. The result is a questioning of the selection system of legal experts in France which is the subject of intense discussions within the Ministry of Justice and companies experts. A report was issued in March 2011 from which was drafted a bill filed in September 2011. ; L'objectif de l'article consiste à envisager les conséquences de l'arrêt PEÑARROJA FA, rendu par la Cour de justice de l'Union européenne le 17 mars 2011, sur le statut de l'expert judiciaire en France. La Cour de justice a assimilé l'expert judiciaire à un prestataire de services, ce qui lui permet de revendiquer les libertés d'établissement et de prestation de service. Il en résulte une remise en cause du système de sélection des experts judiciaires en France laquelle fait l'objet d'intenses réflexions au sein du Ministère de la Justice et des compagnies d'experts. Un rapport a été rendu en mars 2011 à partir duquel a été rédigée une proposition de loi déposée en septembre 2011.

The Act on Political Parties provides four different ways in which political parties can cease to exist: they can dissolve themselves; they can be forced to dissolve by means of judicial procedures to ban them; they can be disbanded due to existing legal provisions; or they can merge with another party. Where a party is disbanded, it ceases to exist -- that is to say the whole of the party and all of its sections are dissolved. Just as a party may decide to disband, it may also decide to re-form itself. However, the establishment of organizations aimed at pursuing the anti-constitutional tendencies of a party banned by the Federal Constitutional Court, or aimed at continuing existing organizations as substitutes, is prohibited. An association loses its legal status as a party if it has not taken part either in Bundestag elections or in elections at Land level for six years. When the merger took place forming the Left party, it was the Left Party. PDS into which the new party was merged. This means that, from a purely legal perspective, the new Left party is the formal successor to the PDS. Nevertheless, a new party has emerged, as desired by the party itself; this desire cannot be ignore since it is a constitutional right. Adapted from the source document.

OBJECTIVES: To understand the strategy of British American Tobacco (BAT) and other transnational tobacco companies (TTCs) to gain access to the Lebanese market, which has remained relatively closed under monopoly ownership and political instability. METHODS: Analysis of internal industry documents, local language secondary sources and industry publications. RESULTS: TTCs have relied on legal and illegal channels to supply the Lebanese market since at least the 1970s. Available documents suggest smuggling has been an important component of BAT's market entry strategy, transported in substantial quantities via middlemen for sale in Lebanon and neighbouring countries. TTCs took advantage of weak and unstable governance, resulting in uncertainty over the Regie's legal status, and continued to supply the contraband trade despite appeals by the government to cease undermining its revenues. Since the end of the civil war in the early 1990s, continued uncertainty about the tobacco monopoly amid political instability has encouraged TTCs to seek a legal presence in the country, while continuing to achieve substantial sales through contraband. CONCLUSION: Evidence of the complicity of TTCs in cigarette smuggling extends to Lebanon and the Middle East where this trade has especially benefited from weak governance and chronic political instability. The regional nature of TTC strategy supports strong international cooperation under the Framework Convention on Tobacco Control to tackle the problem.