Suchergebnisse

Egypt has undergone a number of economic reform measures since the early 1990s, with the aim of liberalizing the economy and moving toward a market economy. As a result, among other measures, the Egyptian government has introduced a new labor law (No. 12) with the goal of increasing flexibility in the labor market. Law 12, which came into effect in July 2003, provides comprehensive guidelines for the recruitment, hiring, compensation, and termination of employees. In particular, it provides increased flexibility for firms in the hiring/firing process, which has been a major bottleneck for job creation in the Egyptian labor market. This working paper examines the effect of the new labor law on formal employment (jobs with contracts). The findings suggest that the new law has had a positive impact on those who were employed in 1998 in the private nonagricultural sector and in the private nonagricultural waged sector. However, the effect was not significant for new entrants to the labor market looking for first jobs.

In the article is given the characteristic of legal nature of the consent of antimonopoly body on conclusion of a deal by the incorporated person. The comparative characteristic of the legal nature of the consent in sphere of private law and in area of public law is resulted. In the article the author indicates the criterion of the concession of the consent by antimonopoly body and are revealed some problem aspects in the legislation with obtaining of the consent to the deal by antimonopoly body. ; In the article is given the characteristic of legal nature of the consent of antimonopoly body on conclusion of a deal by the incorporated person. The comparative characteristic of the legal nature of the consent in sphere of private law and in area of public law is resulted. In the article the author indicates the criterion of the concession of the consent by antimonopoly body and are revealed some problem aspects in the legislation with obtaining of the consent to the deal by antimonopoly body.

Argues that the Law on Social Security & General Health Insurance enacted under the leadership of the Justice & Development Party (JDP) represents a significant step in the process of commodification of social security & public health in Turkey. It is asserted that the JDP has synthesized Islam & Turkish nationalism into a neoliberal framework. The JDP saw the Turkish social security system suffering from high costs & fragmentation & that the system rendered the labor market less flexible. The JDP's legislative actions leading up to the new social security law are traced before critically examining the substance of the Law on Social Security & General Health Insurance. It is contended that the law deepens Turkish patriarchy, whereby women remain the most disadvantaged group, & capital's domination under the guise of equality & liberty, defined in market terms. It is argued that, ultimately, the JDP's effort to correct the financial balance of the social security system has been to shift the burden to the insured while not resolving the key flaws in the former system. Adapted from the source document.

Конституционализм как предмет изучения Статья посвящена крупной доктринальной проблеме, находящейся на стыке теории права и государства и конституционного права. Автор исследует содержание и толкование терминов «конституционализм», «мнимый конституционализм», «конституционное государство», «политическая конституция», «правление законов» в различные эпохи и в разных странах. Раскрыт вклад правоведов России и стран зарубежья в изучение данной проблематики. Отмечена развивающаяся в современной отечественной и зарубежной науке тенденция к изучению конституционного права во взаимодействии с административным и финансовым правом. ; CONSTITUTIONALISM AS A SUBJECT OF A RESEARCH Article is devoted to big theoretical problem, which is located on the of legal theory and constitutional law. Author particularly explores content of terms «constitutionalism», «false constitutionalism», «constitutional state», «political constitution», «rule of law» and its understanding in various periods in different countries. Article gives an analysis of impact made by legal scholars of Russia in studying this issue. Author emphasizes developing tendency in many countries towards exploration of constitutional law in collaboration with such disciplines as administrative and financial law.

A proper function of courts is to positively influence the economic development of societies. Companies or enterprises are best served when courts function in a fast, fair and affordable manner. However, courts exist not only for the sake of companies, but to bring justice to citizens in accordance with the rule of law. I will focus little attention on the difficulties associated with defining the concept of rule of law. However, it is important to emphasize that developed societies must respect the rule of law. They do so by ensuring an independent judiciary, an impartial court system, a degree of separation of powers between the executive, legislative and the judicial powers of government, and the right to a fair trial. In the greater European community, these essential conditions are set forth in article 6 of the European Convention on Human Rights which states that: "(…) everyone is entitled to a fair and public hearing within reasonable time by an independent and impartial tribunal established by law (…)."

В статье говорится, что право является сложным феноменом, и несмотря на достаточно большое количество разнообразных теорий, оно пока не находит четкого и однозначного объяснения. В юридической науке сложились разнообразные взгляды на право, при этом некоторые концепции понимания права получили законодательное закрепление в России. Автор отмечает, что, к сожалению, данная фиксация носит непоследовательный характер, обусловленный политическим влиянием на процесс правотворчества, поэтому выявить преобладание той или иной теории невозможно ; In the article is told that law is complicated phenomenon and in spite of big variety of different theories it does not find proper and single explanation. In juridical science have been formed different approaches to law, at the same time some of the concepts of understanding of law received legislative support in Russia. The author underlines that unfortunately the given fixation has nonconsecutive character, stipulated by political influence on the process of law making, which is why it is impossible to discover the dominance of a certain theory.

В статье автор проанализировал теоретические и идеологические основания категории законности, сложившиеся в советской юридической науке в 20-е гг XX в. В статье выявлены элементы традиции и новизны в советском уголовном праве, прослеживается влияние теоретических выводов о роли права и законности не только на содержание законодательства, но и на практическую деятельность правоохранительных органов в центре и на Урале. Отказ от принципа законности сопровождался включением органов правоохраны в административную систему, формированием тоталитарного режима. ; In the article the author analyzed theoretical and ideological foundations of the category «legality», developed in the Soviet legal doctrine in the 20s, and the elements of legal tradition and innovation in the Soviet criminal law are revealed. This article shows an influence of theoretical findings about a role of law and legality on the legislation and on the law enforcement practice in the center of the country and in Ural. A principle of legality abandonment was accompanied by the merging of law enforcement agencies to the administrative system and totalitarian regime formation.

Vishnugupta Chanakya Kautilya wrote a treatise called The Arthashastra, which means "science of wealth." It contains three parts, which deal with issues related to economic development, administration of justice, and foreign relations. It has 150 chapters, which are distributed into fifteen books. Book three, which has twenty chapters and book four, which has thirteen chapters, are devoted to the administration of justice. Kautilya's Judicial System called "Dandaniti," "the science of law enforcement" is an important part of The Arthashastra. Kautilya codified, modified, and created new laws related to: loans, deposits, pledges, mortgages etc., sale and purchase of property, inheritance and partition of ancestral property, labor contracts, partnership, defamation and assault, theft and violent robbery, and sexual offenses. He dealt with law and justice issues relating to both the civil law and the criminal law. He offered a truly comprehensive system of justice, which not only incorporated all the salient elements of a twenty-first century system but also contained a few additional invaluable insights.

In traditional settings where early marriage and early childbearing persist, decisions about age at marriage are often made by parents, and mothers‐in‐law tend to have considerable influence in hastening the initiation of childbearing. This study analyzes data from a 2002 survey in six villages in rural Bangladesh to test the hypothesis that daughters of women with more education marry later and that daughters‐in‐law of more educated women initiate childbearing at a slower rate. Using Cox proportional hazard models, we find significant associations between the educational level of mothers and the age at marriage of their daughters and between the educational level of mothers‐in‐law and the timing of first birth among their daughters‐in‐law, although the association between the former attenuates when controlling for other variables. We also find that these associations do not appear to be mediated by the senior women's level of empowerment. We conclude that in rural Bangladesh there is a significant relationship between female education in one generation and the timing of marriage and childbearing in the next.

Against the background of the current endeavours to relax dismissal protection legislation while simultaneously eliminating the possibility of using fixed-term employment contracts without justifiable reason, this paper outlines the distinctive features of these two areas of individual labour law and also shows where they overlap. Reform proposals and possible limits resulting from German constitutional law and European Union law are described, including insights from comparative law. Above all the author goes into the question of which area the legislator should pay most attention to in order to achieve more flexibility on the labour market. Against the background of the relatively weak legitimation for the use of fixed-term contracts without justifiable reason, the author reaches the conclusion that in fact a reduction of dismissal protection would be preferable to relaxing the legislation regarding fixed-term contracts. Accordingly he recommends relaxing statutory dismissal protection and possibly at the same time extending the area of application of the corresponding regulations.

Summary. Dominance Under Article 82 of the EC Treaty and the Problems of Its Finding This study is devoted to the analysis of the conception of dominance in the European Community competition law. The objective of this study is to ascertain the main features of the aspects of dominance, including its finding problems. The analysis presents such types of dominance as single dominance, collective dominance and super-dominance. Particular attention is given to the research of the possible changes of the concept of dominance, subject to the process of modernization of application of Article 82 EC. It is concentrated to the practice of the European Community courts and the European Commission. However Lithuanian competition law, which regulates dominance, is also examined. Considering the undertaking to approximate Lithuanian national competition law to acquis communautaire of the European Union, the study labours for answering, whether the competition rules, established in Lithuania correspond to the European Community competition law in the light of dominance.

Summary. Dominance Under Article 82 of the EC Treaty and the Problems of Its Finding This study is devoted to the analysis of the conception of dominance in the European Community competition law. The objective of this study is to ascertain the main features of the aspects of dominance, including its finding problems. The analysis presents such types of dominance as single dominance, collective dominance and super-dominance. Particular attention is given to the research of the possible changes of the concept of dominance, subject to the process of modernization of application of Article 82 EC. It is concentrated to the practice of the European Community courts and the European Commission. However Lithuanian competition law, which regulates dominance, is also examined. Considering the undertaking to approximate Lithuanian national competition law to acquis communautaire of the European Union, the study labours for answering, whether the competition rules, established in Lithuania correspond to the European Community competition law in the light of dominance.

Summary. Dominance Under Article 82 of the EC Treaty and the Problems of Its Finding This study is devoted to the analysis of the conception of dominance in the European Community competition law. The objective of this study is to ascertain the main features of the aspects of dominance, including its finding problems. The analysis presents such types of dominance as single dominance, collective dominance and super-dominance. Particular attention is given to the research of the possible changes of the concept of dominance, subject to the process of modernization of application of Article 82 EC. It is concentrated to the practice of the European Community courts and the European Commission. However Lithuanian competition law, which regulates dominance, is also examined. Considering the undertaking to approximate Lithuanian national competition law to acquis communautaire of the European Union, the study labours for answering, whether the competition rules, established in Lithuania correspond to the European Community competition law in the light of dominance.

Summary. Dominance Under Article 82 of the EC Treaty and the Problems of Its Finding This study is devoted to the analysis of the conception of dominance in the European Community competition law. The objective of this study is to ascertain the main features of the aspects of dominance, including its finding problems. The analysis presents such types of dominance as single dominance, collective dominance and super-dominance. Particular attention is given to the research of the possible changes of the concept of dominance, subject to the process of modernization of application of Article 82 EC. It is concentrated to the practice of the European Community courts and the European Commission. However Lithuanian competition law, which regulates dominance, is also examined. Considering the undertaking to approximate Lithuanian national competition law to acquis communautaire of the European Union, the study labours for answering, whether the competition rules, established in Lithuania correspond to the European Community competition law in the light of dominance.