Part Of Public Law Research Articles

Publicznoprawny charakter prawa zamówień publicznych

In the contemporary legal system, we face more and more complex regulations, located in areas between traditionally established branches of law. Today, public procurement law is predominantly of a public-law nature. The fact that public procurement law is part of public law has been determined under EU law. The EU legislature provided for the need to achieve, in the performance of strategic contracts, certain strategic objectives aimed at pursuing the public interest. The currently applicable Act of 11 September 2019 – Public Procurement Law (PPL) is, for the most part, public law. Firstly, only those statutorily specified are obliged to apply its provisions. Contracting entities are public administration bodies that are appointed to perform public tasks, in the forms provided for by law. Public procurement is one of the legal forms of action of public administration. The contracting entity, especially at the stage of preparing the procurement procedure, exercises sovereign power when taking decisions. Secondly, contracts are awarded for the aim of performance of public tasks and are financed from public funds. Most of the provisions of the PPL concern the obligations of the contracting entity in terms of identifying purchase needs, preparing the procurement procedure, and its conduct. The contracting entity specifies the subject-matter of contract, which is subordinated to its needs and serves the public purpose, which is the consequence of the public tasks assigned to the contracting entity. The purpose of the law is therefore to protect the public interest. The reference to application mutatis mutandis of the provisions of the Civil Code, to the extent not regulated in the PPL, is irrelevant. The legislature assumed that such a reference is applicable only in the situation where the issue in question is not regulated by the provisions of the PPL and concerns the actions taken by the contracting authority, economic operators and contest participant in the procurement and contest proceedings as well as public contract agreements, and is of a civil law nature. The reference does not therefore concern all matters governed by the PPL, but is merely supplementary in nature.

Legal Analysis of Engagement for Tax Interpretation in Leasing and Service Provision

This study aims to: (1) To determine whether the application of Civil Law has been carried out in the Application of Tax Law. (2) To find out the interpretation of Civil Law in terms of rental agreements and service delivery in taxation. dassain and dassolen in this study used primary data and secondary data obtained from the field. Based on the Supreme Court Decision Number 425/B/PK/PJK/2012 The results of this study indicate that; (1) Tax law is a part of public law that regulates the relationship between the government (Fiskus) as a tax collector and the community, namely the taxpayers. Tax law adheres to the principle of taxation if two conditions are met, namely objective conditions and subjective conditions. Both objective terms and subjective conditions are closely related to the provisions of civil law. The following is a discussion of the relationship between tax law and civil law in terms of objective and subjective terms (2) Judge's interpretation in this tax dispute, PT Cotrans Asia proposes several arguments based on the agreement made by PT Cotrans Asia interpretation of Civil Law in terms of rental and delivery agreements services in taxation. Judge's Decision In Supreme Court's Decision No. 425/B/PK/PJK/2012 The Panel of Judges is of the opinion that the reasons for the review cannot be justified due to legal considerations and the Tax Court's Decision which rejected the appeal of the Appellant against the Decision of the Director General of Taxes Number KEP-59/PJ.07/2009 dated February 16, 2009 regarding the objection to the underpayment of income tax assessment letter Article 23 for the March to October 2007 tax period Number 00001/203/07/725/07 dated 11 December 2007 on behalf of PT Cotrans Asia is correct and correct in accordance with the provisions of the regulations current regulation.
 Based on the results of the study, it is recommended; (1) DGT should use the Law of Engagement as the main basis to see the application of Tax Law, including in the classification of income, for example to determine whether the income given is rental income or service income by looking at the agreement made and also using Civil Law as a reference. DGT also needs to make laws or laws that are binding in the application of Tax Law in terms of the delivery of services based on an agreement, for example on the delivery of shipping services that will use the basis of the Shipping Law in the delivery of shipping services. -The government, in this case the Directorate General of Taxes, must make further provisions regarding lex specialist in terms of the Law of Engagement which is the basis for the application of Tax Law in Indonesia, not only for the application of tax rules for leasing but also for the delivery of services. In general, provisions need to be made. in detail about how the application of the principle of lex specialist in Tax Law compared to other laws in a civil manner. (2) needs to be done -Socialization among the tax authorities or tax officers needs to be done regarding the application of Civil Law in relation to the application of Tax Law

HUKUM ADMINISTRASI NEGARA SEBAGAI HIMPUNAN PERATURAN-PERATURAN ISTIMEWA

Abstract
 State Administration in every action must be based on law to solve and resolve the problem mentioned above or there is no law. The State Administration can be forced to use its authority to revoke regulations. Administration as a law maker in its application when related to legal systematics has caused controversial matters in essence State Administration is part of public law, so that all actions in the application based on its function are solely intended for and in the public interest, this is no different from the law State Administration, Criminal Law and Others. A situation can lead to deviations from the State administration of the systematics of law. Therefore the State Administrative Law as a set of special regulations.
 
 Keywords: state administration; public law; special regulations.

KEDUDUKAN SITA PIDANA TERHADAP SITA UMUM KEPAILITAN

AbstractThe Court Ruling claim that a debt discharge a bankruptcy inflict a debtor will loose his right to dominate the wealth which include the bankruptcy property. The whole riches of a debt who’s discharge bankruptcy, automatically will be placed to the general confiscation. The general confiscation of the debt property has intend to protect the interest of the creditor of all the deeds of the debt which can disserve the property of a bankruptcy and stop the execution of the debt property with all the creditors to get the debt repayment. The general confiscation itself is a form of confiscation which known in civil law regime especially bankruptcy in legal perspective as a private law. Confiscation in a criminal case aim to prove criminal act. Article 38 of a Criminal Code Procedure regulate that the investigator can undertake the property of confiscation that placed in the general confiscation. However, Article 46 of a Bankruptcy and Suspension Of Obligation For payment Of Debt regulate that all confiscation become vanished when the property has confiscated in the general confiscation. When this two confiscation situated in the property, The confiscation in criminal case will precede the general confiscation. That matter is because of the confiscation in a criminal case is part of public law that aimed to protect our public interest.

The Problem of Determining the Place of International Civil Process in the Legal System of the Republic of Kazakhstan

Introduction The term was just a formality, since we are not talking about some kind of examination of the particular case, and since there is no universal organization designed to deal disputes between entities (parties) from different countries. Sometimes, instead of the concept used a better term--international procedural under which it would be possible to realize a set of legal principles and rules of a procedural nature as common to the defined agreements, as well as directly established by the legislation of each country. Specialists in the field of MPP little attention drawn to it, to what area of law public or private--is an process. T.N. Neshataeva highlights two features of IHL: the process necessary for identifying and protecting the rights of the individual; the process is public, since it is connected the implementation powers of the state or interstate body. [1] It is because of the fact that humanitarian law applies to public law, it follows, according to VF Popondopulo is correct assertion that IHL only formally refers to the MPP, but in fact is part of the national process. [2] According to H. Shak, idle is the question, is an procedural law in the private or public. Although it is considered primarily as a procedural law in general, a part of public law, nevertheless there are strong elements of private law. His goal rather private law, whereas the means by which he uses rather public law. From this perspective, one can hardly rank as an process to one or another branch, it should be accented as an independent legal matter. [3] Meanwhile, in our opinion, it is the assignment of a public law or private law is the main criterion for the possible inclusion of IHL in the IPL. In particular, until recently, existed in the science of private law determining the procedure law as a regulated activity of the courts and other law enforcement agencies to resolve cases, complicated by a foreign element, began to be criticized. Methodology The fact that the understanding of the process as the activities of the national judiciary to resolve disputes involving foreign parties, now is not correct either in terms of legal terminology, not from a position of content. Firstly, there is justified in this context the use of the phrase civil proceedings? The jurisprudence are understood solely as the activities of the court to resolve disputes. Activities of other bodies, although very similar in purpose and object, considered as a separate enforcement proceedings. In this connection, more use can be called the true language of regulations, such as ligaments terminology civil in cases involving individuals ino--strannyh or in the literature proceedings in cases a foreign element. As a positive trend, it may be noted that over the past few years a number of studies on private law, and arbitration process the authors refused to use the term proceedings, although in some cases only within the section title or chapter. [4] The use of the word international in the framework of the concept is even more objections. In particular, it does not seem justified its use in the context of the general characteristics of legal affairs, WHO-penetrating under traffic, for cases dealt in domestic judicial and other authorities, primarily on the basis of domestic law. Undoubtedly, the settlement of disputes with a foreign element courts often apply treaties. But at the same time, courts must adjudicate on the basis of domestic law. Results and Discussion Activities of the separate judiciary can be evaluated as (the process). …

From Public International to International Public Law: Translating World Public Opinion into International Public Authority

Calls emerging from world public opinion for legitimate and effective institutions require a paradigm shift in public law. There is a part of public law that should better be understood as international public law, because it enables and disciplines the exercise of public authority, i.e. the pursuit of public interests by institutions. The paper unfolds our understanding of public law by way of a thorough discussion of other approaches to governance phenomena in legal scholarship, including private law approaches, critical approaches, International Institutional Law, Global Administrative Law, and Constitutionalism. It then carves out the notion of public authority. This notion includes various types of soft and informal governance instruments with innovative compliance mechanisms, as well as the activities of informal and hybrid institutions or network-like structures.

LANDASAN HUKUM POSITIF PEMBERLAKUAN HUKUM ISLÂM DI INDONESIA

Abstract: Islamic law has been valid since a long time ago in Indonesia and it expriences dynamical effect since the era of ancient kingdom, colonialism, and post-independence. The population of Muslim is major, it reaches more than 200 hundred millions people. This becomes sociological and functional considerations to the validity of Islamic law in Indonesia. For the shake of effectiveness, efficiency, and Muslim aspiration fulfillment, it seems feasible to adopt Islamic law as a part of public law. Indonesia is not a secular country, it is not necessary to seperate religious and statehood affairs. In advance, Islamic law has been partly adopted and it inspires the Indonesian legislation. Key Words: hukum positif, hukum Islâm, dan fiqh

LANDASAN HUKUM POSITIF PEMBERLAKUAN HUKUM ISLÂM DI INDONESIA

Abstract: Islamic law has been valid since a long time ago in Indonesia and it expriences dynamical effect since the era of ancient kingdom, colonialism, and post-independence. The population of Muslim is major, it reaches more than 200 hundred millions people. This becomes sociological and functional considerations to the validity of Islamic law in Indonesia. For the shake of effectiveness, efficiency, and Muslim aspiration fulfillment, it seems feasible to adopt Islamic law as a part of public law. Indonesia is not a secular country, it is not necessary to seperate religious and statehood affairs. In advance, Islamic law has been partly adopted and it inspires the Indonesian legislation. Key Words: hukum positif, hukum Islâm, dan fiqh

Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order.
 
 KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations

Animal Experiment Regulations as a Part of Public Law

This article describes the Swedish rules about experiments on animals and the function of the Swedish animal ethics experimentation committees. A small survey of the rules about experiments on animals in Norway, Denmark, Finland, England and Wales, and the EU, is included. The Swedish rules on animal experimentation are examined in order to see how their form and functions relate to theories about different kinds of decision making in public law. The extents to which the rules agree with the aims of the law and with existing normative patterns are also examined. The difficulties to handle the ethical weighting between the importance of the experiment and the suffering of the animals are discussed.

Extension of Shari'ah in Northern Nigeria: Human Rights Implications for Non-Muslim Minorities

States in northern Nigeria are the latest in a list of political entities around the world formalizing religious law, or institutionalizing Shari'ah, into their public law system. Shari'ah applies in many Muslim-majority countries in the realm of personal law. However, when it is expanded and made to apply as part of public law, it carries enormous constitutional implications. This article examines the institutionalization of Shari'ah in twelve northern states of Nigeria in year 2000 and the likely implications on the constitutionally guaranteed rights of non-Muslim minorities in those states. Muslims' objection to the methodology of human rights discourse stems mostly from the need to maintain integrity of the family, safeguard the interests of the community in addition to those of the individual, and preserve religious belief as manifested in ritual and in daily life. The author argues that the core issue in preserving Muslim values without trampling on the rights of the minorities lies in finding a synergy for simultaneous application of Shari'ah and human rights. A synergy is imperative because neither has proved to be satisfactorily workable at the public law level for contemporary Muslims—neither Shari'ah as represented by fiqh literature, nor the secular oriented human rights. It concludes that it is the goal of justice that should be immutable rather than the means for achieving the goal. Therefore, reconciling Islam with protection of non-Muslim rights in a Muslim-majority constitutional democracy should present less conceptual difficulties and social tension than is presently the case.

The Church in Wales and the State: A Juridical Perspective

ABSTRACTIn 1536 Wales (Cymru) and England were formally united by an Act of Union of the English Parliament. At the English Reformation, the established Church of England possessed four dioceses in Wales, part of the Canterbury Province. In 1920 Parliament disestablished the Church of England in Wales. The Welsh Church Act 1914 terminated the royal supremacy and appointment of bishops, the coercive jurisdiction of the church courts, and pre-1920 ecclesiastical law, applicable to the Church of England, ceased to exist as part of public law in Wales. The statute freed the Church in Wales (Yr Eglwys yng Nghymru) to establish its own domestic system of government and law, the latter located in its Constitution, pre-1920 ecclesiastical law (which still applies to the church unless altered by it), elements of the 1603 Canons Ecclesiastical and even pre-Reformation Roman canon law. The Church in Wales is also subject to State law, including that of the National Assembly for Wales. Indeed, civil laws on marriage and burial apply to the church, surviving as vestiges of establishment. Under civil law, the domestic law of the church, a voluntary association, binds its members as a matter of contract enforceable, in prescribed circumstances, in State courts.

Greater public access to U.S. research data permitted under new law

Amid last year's frantic congressional deal‐making to fund the U.S. government for the fiscal year 1999, Senator Richard Shelby (Republican from Alabama) slipped a small provision into the end‐of‐year omnibus appropriations bill that could have large implications for researchers. Now part of Public Law 105‐277, Shelby's rider is intended “…to require Federal awarding agencies to ensure that all data produced under an award will be made available to the public through the procedures established under the Freedom of Information Act.” The Freedom of Information Act (FOIA) is a law enacted in 1966 that allows any citizen to request documents from federal agencies in the United States.

School Bus Transportation of Children With Special Needs

Many school-aged children with handicaps are transported in school buses. A recent amendment to the Individuals with Disabilities Education Act has established requirements for infants and toddlers to have access to developmental and rehabilitation facilities. This amendment, to Part H of the Individuals with Disabilities Education Act (enacted as part of Public Law 102-119), however, does not specify how these children are to be transported to these facilities, a responsibility that will be faced by many school systems. FMVSS 222 (School Bus Passenger Seating and Crash Protection) established safety requirements for school bus interiors, but to date it only applied to able-bodied children. However, an amendment to FMVSS 222 becomes effective in January 1994 that applies to the securement of wheelchairs and their occupants in school buses. National recommended standards for special education school buses were revised in May 1990 by the Eleventh National Standards Conference on School Transportation.1 Wheelchairs are the primary mode of transport on the school bus for many children with special needs. They have not been developed as safety restraint devices, however, and are not currently subjected to any crash-testing requirements. Research,2-5 nevertheless, has provided a basis for recommendations concerning occupant securement for a wheelchair-dependent child and a child with special needs who is transported on a school bus: 1. Any child who can assist with transfer or be "reasonably" moved from a wheelchair, stroller, or special seating device to the original manufacturer's forward-facing vehicle seat equipped with dynamically tested occupant restraints or be "reasonably" moved to a child car seat complying with FMVSS 213 requirement should be so transferred for transportation to and from school.