Party Principles Research Articles

A Study of the Influence of Religious and Nationalist-Based Political Parties in the Compilation of Legal Products Based on Legal Regulations

The ideology of political parties is divided into four categories: parties with Islamic ideology, secular nationalist ideology, religious nationalist ideology, and parties with Christian ideology. The regeneration process will bring out prospective leaders who have been tested in carrying out organisational work or society, and then the emerging decisions will be directed at achieving the goals of the country. These party cadres make a reflection of political parties related to ideology, which is expected to make policies in accordance with ideology, through being regional leaders. The research method used is sociological juridical with a qualitative descriptive analysis approach to obtain the answers to the problems studied, supported by secondary data and other data. When referring to the party principles owned by each political party, in general, political parties are based on three ideologies: Islam, Nationalism and Democratic Socialism. Political parties have an obligation to be able to build their own capacity; therefore, they have sufficient capability to fulfill what has been mandated by law. The fading of ideology has weakened the ties between political parties and their members, which in turn has resulted in the weakness of organisational networks. This condition leads the political parties to face an extreme dilemma. The way to collect party funds is by making policies that benefit certain parties. However, with transactional politics, the policies taken are not pro-people. The importance of the party's stand in policymaking is marked by their close relationship with elected and appointed political officials. For this reason, the party can see its role and influence in public policy using organisational theory. This fact shows that political parties are a more powerful element in the policy-making process than they should be.

Staggered hybrid cartel procedures, the principle of good administration and non-settling parties’ rights of defence: C-251/22 P Scania v Commission

Staggered hybrid cartel procedures, the principle of good administration and non-settling parties’ rights of defence: C-251/22 P <i>Scania v Commission</i>

Transparency of the Swedish Competition Authority

The constitutional principle of access to public records and the administrative principle of parties’ right to access their files create transparency in the Swedish Competition Authority. In many ways Swedish law is built on the same ideas as EU law. However, the Swedish constitution requires more specific provisions on confidentiality in statutes decided by the Parliament. As regards the Swedish Competition Authority, five different sections of the law protect confidentiality, depending on who is to be protected, what activities are concerned, what kind of information is involved and how likely it is that someone will be harmed. These detailed provisions can in principle contribute to predictability, limiting the authorities’ discretional power, but they also constitute a complex patchwork that can be difficult to comprehend. A problematic legal conflict would arise if a document were confidential according to EU law, for example to protect trade secrets, but not confidential according to Swedish law. However, so far, EU law has only been invoked to expand the right to access to documents, especially regarding companies that intend to bring action for competition law damages.

On the functions of the prosecutor in criminal proceedings

The article is devoted to the study of the functions of the prosecutor in the judicial stages of criminal proceedings, and provides an analysis of statistical data from the General Prosecutor’s Office of the Russian Federation on the participation of prosecutors in criminal proceedings. The results obtained allow us to assert that the prosecutor performs two functions during criminal proceedings: the criminal procedural function of prosecution and the constitutional and legal function of supervision over compliance with the Constitution of the Russian Federation and the execution of laws. At the same time, at the stages of trial (in the court of first instance) and appeal proceedings, when the principle of adversarial parties is fully implemented, the prosecutor supports the state prosecution, thereby performing the procedural function of the prosecution. In the remaining stages of judicial proceedings, the prosecutor exercises the function of supervising compliance with the law. The conclusion is formulated that the proposed approach requires a rethinking of the role of the prosecutor in criminal proceedings from the position of the constitutional and legal status of the Russian prosecutor’s office, as well as amendments to the norms of criminal procedure law.

“Party principles” in the views of Grigory Evseevich Zinoviev

The subject of the article is the views of one of the founders of the Soviet state and the Bolshevik party, G. E. Zinoviev (1883-1936), on the essence and functions of the communist party. This topic is analyzed through the prism of the political biography of the hero, which determined the emphasis placed on the following three points: 1) understanding of the Communist Party, 2) the place of the Party in the Soviet political system, 3) the boundaries of intra-party pluralism. The sources for the analysis are the texts of books, speeches, articles, drafts, brochures and statements of G. E. Zinoviev. In addition to the specified range of sources, the presented work is based on the existing historiography about G. E. Zinoviev (the works of Yu. N. Zhukov, S. S. Voitikov, V. N. Samokhodkin, E. D. Fliginskaya and other researchers). In his work, the author used a materialistic concept (in particular, historical determinism), as well as historical-genetic and historical-typological methods. It is established that Grigory Evseevich Zinoviev had his own formal views on the essence and functions of the Communist Party, which followed the general course of Bolshevism, but also had their own characteristics. Zinoviev's definition of the Communist Party boiled down to recognizing it as the only vanguard and political organization of the proletariat, and the possibility of the existence of only one Communist Party was emphasized, and within this Communist Party the impossibility of forming internal factions was postulated. The scientific novelty of the study lies in the fact that it systematizes the views of such a major Bolshevik and Soviet figure as G. E. Zinoviev on the role and functions of the Communist Party, as well as their inclusion in the history of Marxist and Bolshevik political thought.

Philosophical and Theoretical Aspects of Court-Notary Interaction: Current Relationships in the Provision of Evidence

The article examines the modern relationship between the interaction of the court and the notary when taking measures to ensure evidence. In particular, it is indicated that when providing evidence, these bodies are guided by the norms of civil procedural legislation and implement similar goals aimed at fixing factual circumstances of legal significance in a procedural form. It is emphasized that their competence touches, moreover, the notary, as it were, replaces the court in the implementation of interim measures. One of the tasks of the effective activity of the notary is to relieve the judicial system from the consideration of local and time-consuming issues, which are solved, as a rule, without the application of the principle of adversarial parties, including the provision of evidence on the Internet. Thus, the potential of unloading the court is excluded from its competence to solve problems that do not relate to the administration of justice.

Decorative Art of the Latvian SSR, Searching the Way Between Party-Mindedness and National-Mindedness

The basic principle of socialist realism was the belief in the political ideals proposed by the ruling Communist party (party-mindedness) of the Soviet Union, enriched by national-mindedness and ideinost (ideological-content). Already since the early 1930s, in the Soviet Union every single cultural worker in every single discipline of art had to strictly follow the method of socialist realism. The canon of socialist realism was equally applicable to fine art as well as applied art, the specific function of which was supposed to be purely utilitarian use. Decorative art in the national republics of the Soviet Union usually took the forms of folk art, and decorative art since the beginning of the 1960s was perceived as an integral component of Soviet culture. The essence of Soviet culture had already been formulated several decades earlier, and it had to be socialist in content and national in form, emphasizing the importance of national traditions.&#x0D; It was possible to treat this principle in various, even very disparate ways, so the problem of adherence to the party principles and the manifestastion of national distinctiveness was an inexhaustible topic of theoretical and practical discussions. Conceptual ambiguity, as well as very different visions among artists, theoreticians, as well as party officials, did not allow to develop a unified theory of applied art. Due to the afore mentioned ambiguity and the pluralism of opinions artists of applied art could enjoy some space of freedom for creativity, without directly violating the canons of socialist realism.&#x0D; The author of the paper examines and analyzes the development of professional decorative art in the Latvian SSR of that time, ideological currents in art theory, and center–periphery relationship.

Nonmuslim Membership Recruitment in The Islamic Party: Islamic Perspective

This research aims to find out the membership status of non-Muslims in Islamic Parties from the perspective of Islamic law. As a Party that has made Islam a Party principle, the Islamic Party should consistently use Islam (Islamic sharia) as a guideline in regulating Party activities, including in terms of recruiting Party members. Based on normative research methods on the texts of the Al-Qur'an, through a statutory and conceptual approach, it is known that Islamic Parties must take their membership from among the Muslims themselves. In the Al-Qur'an there is an order for Muslims to form a congregation or party that call to al khair, and do amar makruf nahi munkar, and this order only applies to Muslims. Muslims are prohibited from making non-Muslims close friends or making non-Muslims leaders, whether party leaders or community leaders. Therefore, Islamic Parties must not take, accept and make non-Muslims as party members, or make them leaders, either as party leaders or leaders of the Ummah.

Prosecutor and court: strategic balance

The article deals with the discussion issue of the role of the prosecutor in judicial proceedings through the prism of the principle of adversarial parties and the main powers of the prosecutor’s office in the legal state. The conclusion is made about the inconsistency of the regulatory regulation of the supervisory powers of the prosecutor in relation to the preliminary investigation and inquiry bodies, which entails a different format of the behavior of prosecutors in forensic proceedings. The dual situation is critically assessed, when the prosecutor does not support the petition of the preliminary investigation authorities in court. The author analyzes the ways out of this situation, proposes to reformat the relationship of the prosecutor with the investigator, transferring the authority for procedural management of the inquiry from the prosecutor - the head of the inquiry unit. It will allow prosecutors to concentrate all the efforts on supervision of respecting the rule of law in pre-judicial criminal cases production, to change a role of the prosecutor in judicial and control procedures.

SUD BOSQICHLARIDA JINOYAT PROTSESSI ISHTIROKCHILARINING XAVFSIZLIGINI TAʼMINLASH ASOSLARI

Strengthening guarantees of citizens’ rights and freedoms, further consolidation of their personal, social, economic, and other rights in legislation, and ensuring genuine independence and openness of the justice system, in turn, require the adoption of appropriate regulatory legal acts, amendments, and additions to existing ones, as well as the abolition of certain legislative acts. Further strengthening of human rights guarantees when considering cases in courts and the implementation of the principle of adversarial parties are today’s most important links in a just society. Taking into account the need for scientific (doctrinal) substantiation in the article of the problem of ensuring the safety of participants in criminal proceedings at judicial stages and sufficient accumulation of the quantitative part of scientific research, along with the adopted legal acts. It was effective to apply measures of criminal procedural security in judicial practice, both for a person contributing to criminal justice and for other participants in modern criminal proceedings. Several opinions and considerations have been expressed on this issue.

Language, Ideology, and Power in Kamala Harris’s Speech: Critical Discourse Analysis

Political speech is a strategy to persuade the political goals and interests to the audience. This study investigates the process of Critical Discourse Analysis in Kamala Harris's speech by using Three-Dimensional Model proposed by Fairclough. The data analysis was conducted by a descriptive qualitative method. This study showed that Kamala Harris represented the Democrat Party's principles, equal opportunity, and voting rights through the speech. Discursive analysis showed that Kamala Harris addressed this speech to some particular societal stakeholders, such as the feminist movement, minority groups, so on. On the other hand, social analysis represented the social effects, such as the first Indigenous cabinet secretary has confirmed. The most dominant ideology in this speech is membership/self-identity. In textual analysis, Kamala Harris also showed the one who has equality, liberty, and justice on her ideological values.

THE FIRST EXPERIENCE OF RUSSIAN PARLIAMENTARISM IN THE ASSESSMENTS OF S.A. KOTLYAREVSKY

The article considers the views of the historian and jurist Sergey Andreevich Kotlyarevsky on the First State Duma of 1906 as the first legislative body of the people's representation, which marked the movement of the Russian Empire towards constitutional reforms. Through the prism of socio-political activity carried out by S.A. Kotlyarevsky, who was a deputy of the first Duma convocation and directly participated in the events preceding and accompanying its work, an important milestone in the history of the national state and law is highlighted. Being not only a scientist, but a practical ideologist as well, he developed the concept of the law-governed state, the provisions of which were reflected in the program statements of the Constitutional Democrats party, which became one of the active participants in the political processes of the period under review. It is noted that a progressive and obviously democratic nature of the scientist's views sound up-to-date in the principles of building the Russian state. One of them is the idea of universal suffrage and the party principle of building parliamentary representation. At this, it is pointed out that it is necessary to transform the state system in the key of reforming the political system, dialogue of forces and legal ways of resolving conflict issues. It is indicated that his views were developed on the basis of his personal experience of participation in the political events under consideration, in connection with which he gives a negative assessment to the work of the first Russian legislative body and erroneous positions of political parties. However, it was with the institution of parliamentarism, which had great potential for the peaceful transformation of the country, that the hopes and ideas of the scientist and socio-political figure about the embodiment of constitutionalism and the rule of law in Russia were connected.

The Margin of Appreciation in Freedom of Thought, Conscience, and Religion under Article 9 of ECHR

Abstract This article analyses the manner in which the margin of appreciation has been developed by the European Court of Human Rights in Article 9 cases. As a principle of subsidiarity European Convention States Parties enjoy a margin of appreciation but its scope varies according to particular principles. It is generally certain, when a proportionality test applies (eg concerning proselytism, places and buildings of worship, legal recognition of religious communities, prisoners’ rights), narrow, when the Court has already formulated specific interpretational criteria (eg concerning State’s interference with the internal affairs/dissolution of a religious community or restrictions sought by religious employers), or wide, when there is no widespread consensus and State authorities are in a better place to determine on the matter (eg levying of church taxes, freedom of religion in workplace, public places, and educational institutions). This article appraises the rationale and circumstances which produce particular outcomes with a view to increasing predictability and consistent practice by States.

COUNTERING THE VIOLATION OF THE PRINCIPLE OF ADVERSARIAL PARTIES IN CRIMINAL PROCEEDINGS

The article presents the results of a study of the problem of overcoming violations of the principle of adversarial parties, in particular, the right of the defense party to present evidence and attach them to the case materials and its provision with criminal procedural means. The right of the defense party to participate in the process of proving equally with the prosecution is ensured by the provisions of the Constitution of the Russian Federation, criminal procedure and criminal legislation, regardless of the stage of procedural activity, as well as the attitude to the proceedings. The right to judicial protection is not only the right to appeal to the court, but also the possibility of obtaining real judicial protection by restoring violated rights and freedoms, which must be provided by the state in accordance with the criteria of efficiency and fairness. The constitutional principles of justice arising from Articles 19 (Parts 1 and 2), 46 (Parts 1 and 2), 47 (Part 1) and 123 (Part 3) of the Constitution of the Russian Federation presuppose both strict adherence to the procedure of criminal proceedings, and the timeliness and effectiveness of protecting the rights and legitimate interests of not only the accused, but also persons suspected of committing a crime. Unfortunately, investigators and interrogators often deny the defense the right to present evidence and attach it to a criminal case, while taking advantage of loopholes in legislation and vague (sometimes too broad) interpretations in the governing acts of judicial interpretation. This leads to the fact that there is no alternative to the prosecution's version and, of course, to a significant violation of the rights of the accused as participants in criminal proceedings. The negative consequences of this may be cases of unjustified accusation and conviction of innocent persons, the occurrence of other grave consequences (for example, the illness of an illegally accused /convicted person, causing property damage during the confiscation of property based on a false accusation, the application of other property sanctions, discrediting and defamation of such a person, etc.). In addition, of course, this practice it causes serious damage to the authority of the court, law enforcement agencies, and the formation of negative public opinion about them. The article analyzes in detail the cases of refusals to submit and attach evidence, examines the "argumentation" given by the staff of the preliminary investigation bodies, judges, and clearly proves its fallacy, using the example of cases that have a great public resonance and the author's personal experience as a lawyer in such cases. Criminal procedural means of countering such violations are being investigated. In conclusion, based on the conducted research, the author formulates a conclusion aimed at overcoming the accusatory bias and violations of the rights of participants in court proceedings in cases with public resonance, improving and increasing the effectiveness of preventing violations of the constitutional right to defense and adversarial parties.

THE RUSSIAN REVOLUTION (1917) AND IT’S IMPACTS ON INDIAN SUBCONTINENT

Social movements are loosely structured but persistent campaigns that promote social objectives, usually the implementation or avoidance of a change in the structure or values of society. Marxism is a school of thought that was created in the middle of the 19th century by Karl Marx and, to a lesser degree, Friedrich Engels. An political and economic agenda, a philosophy of history, and three connected concepts made up its initial composition. Also included is Marxism as it was interpreted and used by the different socialist groups, notably prior to 1914. Then there is Soviet Marxism, which was developed by Vladimir Lenin and refined by Joseph Stalin. Dubbed Marxism-Leninism, this ideology became the guiding principle of the communist parties founded in the wake of the 1917 Russian Revolution. The article's first portion examines Marxist thought and how it has influenced communist groups across the globe. The second part of the paper discussed Lenin's worldview, the legacy of the Tsars, and the Russian Revolution. The third half of the paper discussed the communist and Marxist influences on the Indian Subcontinent. The paper's conclusion is given in the final section.

Эволюция института государственного обвинения в уголовно-процессуальном праве России

Introduction: in the modern criminal procedure of Russia, by virtue of the principle of adversarial parties, the court only performs the function of resolving the case, and the function of prosecuting is assigned to the public prosecutor, which is carried out by the prosecutor’s office. Despite the fact that the prosecutor’s office, as a supervisory authority, has existed in Russia for three centuries, however, there are gaps in the legal regulation of the institution of public prosecution, whose elimination is often facilitated by the study of historical experience. In this regard the authors set a goal to investigate the evolution of the institution of public prosecution in criminal procedure law of Russia. Methods: during the research, such methods as historical-legal, comparative-legal and the method of analysis are used. Results: in the paper, the authors, relying on the modern legislation and monuments of law, and the opinions expressed by competent scientists, have conducted a study of the emergence and development of the institution of public prosecution, showing that handling public prosecution is one of the guarantees of a lawful and reasonable sentence. Conclusions: as a result of the study, it is found that the emergence of the institution of public prosecution has been a natural result of the development of Russian criminal procedure legislation, the separation of the function of resolving the case and that of prosecuting allows the court to objectively evaluate the evidence presented by the parties, without being associated with the position of the prosecution.

IMPLEMENTATION OF THE PRINCIPLE OF ADVERSARIAL PARTIES IN THE APPOINTMENT OF CRIMINAL PROCEEDINGS AT THE PRETRIAL STAGES

This article discusses the principle of adversarial parties in the aspect of its implementation by the subjects of criminal proceedings in the implementation of goals and objectives set by the legislator priority for criminal proceedings. The discussion on goal–setting in criminal proceedings, its significance for individual elements of competition and, in general, for criminal procedural activity is also analyzed.

Right to protect in cidential procedure, taking into account the use of videoconferencing

The practice of ensuring the right to protection of persons from suspicion or accusation in some countries, including taking into account the decisions of the European Court of Human Rights, indicates that not all issues of its legal regulation have been resolved to a degree that satisfies science and practice, and there are violations of human rights enshrined in international legal standards, the principle of adversarial parties in criminal proceedings is not fully implemented, so there is increasing scientific interest in problematic issues of protection from criminal prosecution. The purpose of the study is to analyze international standards in the field of human rights, as well as the experience of Russia and some foreign countries in the field of ensuring the right to protection from criminal prosecution in criminal proceedings, to identify problematic issues of a legal nature in this part and to formulate scientifically based recommendations for their solution (minimization). The methodological basis of the study is also the formallogical and comparative-legal methods, taking into account the processes of development of the regulatory framework.

Managing the U.S.-China Relationship in Three (and Three Alternative) Dimensions

Gregory Shaffer's article discussing the legal aspects of the multifaceted U.S.-China relationship is comprehensive, pragmatic, and timely at the twentieth anniversary of China's World Trade Organization (WTO) accession. Shaffer provides a surgical analysis of the “three central dimensions of this relationship: (i) the economic dimension; (ii) the geopolitical/national security dimension; and (iii) the normative/social policy dimension.” He also offers a targeted roadmap to reconceptualize a world where policies are increasingly securitized and to revitalize domestic safety valves embedded in the post-war economic system. Under Shaffer's proposed “Rebalancing Within a Multilateral Framework,” states enjoy more policy space and accommodation, subject to the proportionality principle and protection of third parties. Supplementing Shaffer's analysis, I offer three alternative dimensions, namely, the perceptions of businesses, states, and international organizations and how they complicate the successful delivery of Shaffer's proposal. I echo Shaffer's call for empathy between the United States and China regarding their respective domestic challenges and approaches to each other. Yet I contend that adequate trust and understanding of each other and the agreement over Shaffer's identification of interfaces/dimensions by decisionmakers of the two nations are susceptible to disruptions caused by the three alternatives I offer. Furthermore, I argue that a thorough and inclusive policy and legal analysis—designed in a coordinated way (“统筹” in Chinese)—should reduce negative externalities from the management of the U.S.-China relationship and minimize impacts for developing and least developed countries.

On the Issue of Compliance with the Party Principles of Working with Officers Troops Nkvd - Mvd Ussr in 1945-1948

On the Issue of Compliance with the Party Principles of Working with Officers Troops Nkvd - Mvd Ussr in 1945-1948