Pub Date : 2023-03-30DOI: 10.21564/2414-990x.160.274226
Yevhen Pоstoronko
The article analyzes the changes in income taxation of self-employed persons due to the introduction of martial law. A comparison of the transformation in taxation of two types of self-employed persons, namely: individual entrepreneurs (who are on a simplified taxation system) and persons who conduct independent professional activities. The purpose of this article is to consider and analyze the features of taxation of income from independent professional activities during the wartime period. It has been established that the legislation provides for changes in the norms regarding terms, tax control, liability (penal sanctions), exemption from taxation, reduction of tax rates, etc. for various categories of taxpayers. It was found that there is no uniform approach to the taxation of incomes of such categories of taxpayers as natural persons-entrepreneurs and persons engaged in independent professional activity, which indicates a violation of the principles of equality, social justice, legality and a unified approach to the establishment of taxes and fees, contributes to the imbalance in the implementation of economic tax principles, formation of burdensome tax burden. The legislator did not create favorable conditions for taxing the income of persons engaged in independent professional activity. At the same time, the Tax Code of Ukraine stipulates that mobilized persons who carry out independent professional activities, who had or did not have hired workers, were called up for military service during mobilization or were involved in the performance of responsibilities for mobilization in positions provided for by wartime states, for the entire period of their military service are exempted from the obligation to calculate, pay and submit tax reports on personal income tax and military levy. Under such conditions, such persons, on behalf of their employees and for the duration of their military service under conscription during mobilization, authorize another person to pay wages and/or other income to employees, then the obligation to calculate and withhold personal income tax and military collection from such payments for the period of military service. But we must not forget that this norm existed even before the full-scale invasion. It was concluded that the legal regime of martial law and its legal consequences made adjustments to the legal regulation of taxation of income from independent professional activity. However, there is currently a discriminatory regulation of income taxation of persons engaged in independent professional activity. This indicates the need for the legislator to create favorable conditions for taxation of income from independent professional activity.
{"title":"Features of Taxation of Income Received from Performing an Independent Professional Activity in the War Period","authors":"Yevhen Pоstoronko","doi":"10.21564/2414-990x.160.274226","DOIUrl":"https://doi.org/10.21564/2414-990x.160.274226","url":null,"abstract":"The article analyzes the changes in income taxation of self-employed persons due to the introduction of martial law. A comparison of the transformation in taxation of two types of self-employed persons, namely: individual entrepreneurs (who are on a simplified taxation system) and persons who conduct independent professional activities. The purpose of this article is to consider and analyze the features of taxation of income from independent professional activities during the wartime period. It has been established that the legislation provides for changes in the norms regarding terms, tax control, liability (penal sanctions), exemption from taxation, reduction of tax rates, etc. for various categories of taxpayers. It was found that there is no uniform approach to the taxation of incomes of such categories of taxpayers as natural persons-entrepreneurs and persons engaged in independent professional activity, which indicates a violation of the principles of equality, social justice, legality and a unified approach to the establishment of taxes and fees, contributes to the imbalance in the implementation of economic tax principles, formation of burdensome tax burden. The legislator did not create favorable conditions for taxing the income of persons engaged in independent professional activity. At the same time, the Tax Code of Ukraine stipulates that mobilized persons who carry out independent professional activities, who had or did not have hired workers, were called up for military service during mobilization or were involved in the performance of responsibilities for mobilization in positions provided for by wartime states, for the entire period of their military service are exempted from the obligation to calculate, pay and submit tax reports on personal income tax and military levy. Under such conditions, such persons, on behalf of their employees and for the duration of their military service under conscription during mobilization, authorize another person to pay wages and/or other income to employees, then the obligation to calculate and withhold personal income tax and military collection from such payments for the period of military service. But we must not forget that this norm existed even before the full-scale invasion. It was concluded that the legal regime of martial law and its legal consequences made adjustments to the legal regulation of taxation of income from independent professional activity. However, there is currently a discriminatory regulation of income taxation of persons engaged in independent professional activity. This indicates the need for the legislator to create favorable conditions for taxation of income from independent professional activity.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127924898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-30DOI: 10.21564/2414-990x.160.273549
A. Shtefan
The article is devoted to the characteristics of the object of related rights of a broadcasting organization. The subject matter of the study is the legal regulation of this object in the Laws of Ukraine “On Television and Radio Broadcasting”, “On Copyright and Related Rights” of 1993, and the Civil Code of Ukraine whose provisions contained conflicts for a long time, and the Law of Ukraine “On Copyright and Related Rights” of 2022. The purpose of the article is to provide a comprehensive characterization of the broadcasting organization program as an object of related rights and to determine its relationship with the separate show of the broadcasting organization. The study was conducted using historical, comparative legal, formal legal, dialectical and logical methods. It is substantiated that a separate show, in case of a creative contribution to its creation, is an oral work (radio show) or an audiovisual work (television show) capable of copyright protection. Related rights of broadcasting organizations extend to a set of shows and other materials combined in the program but not to individual components of this program. This approach is also reflected in the provisions of the new Law of Ukraine “On Copyright and Related Rights” of 2022. It is determined that the program of broadcasting organization is not identical to a composite work since its legal protection covers the result of not creative selection and arrangement of certain materials but organizational and technical efforts to compose certain objects into a complete program.
{"title":"Object of Related Rights of Broadcasting Organizations","authors":"A. Shtefan","doi":"10.21564/2414-990x.160.273549","DOIUrl":"https://doi.org/10.21564/2414-990x.160.273549","url":null,"abstract":"The article is devoted to the characteristics of the object of related rights of a broadcasting organization. The subject matter of the study is the legal regulation of this object in the Laws of Ukraine “On Television and Radio Broadcasting”, “On Copyright and Related Rights” of 1993, and the Civil Code of Ukraine whose provisions contained conflicts for a long time, and the Law of Ukraine “On Copyright and Related Rights” of 2022. The purpose of the article is to provide a comprehensive characterization of the broadcasting organization program as an object of related rights and to determine its relationship with the separate show of the broadcasting organization. The study was conducted using historical, comparative legal, formal legal, dialectical and logical methods. It is substantiated that a separate show, in case of a creative contribution to its creation, is an oral work (radio show) or an audiovisual work (television show) capable of copyright protection. Related rights of broadcasting organizations extend to a set of shows and other materials combined in the program but not to individual components of this program. This approach is also reflected in the provisions of the new Law of Ukraine “On Copyright and Related Rights” of 2022. It is determined that the program of broadcasting organization is not identical to a composite work since its legal protection covers the result of not creative selection and arrangement of certain materials but organizational and technical efforts to compose certain objects into a complete program.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131838156","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-30DOI: 10.21564/2414-990x.160.269422
Ruko ., S. ., R. Bintoro
A notary is a public official who has duties and authorities related to making an authentic deed, in this case, the making of an act and the dissolution of a limited liability company. A limited liability company is a type of business entity consisting of shares. The establishment of a Limited Liability Company must meet the requirements specified in the laws and regulations. The Company's organs must exist within the Company, including the Company's organs, the General Meeting of Shareholders, the Board of Directors and the Board of Commissioners. Then regarding the dissolution of the company, the dissolution of the Company must be followed by liquidation. Meanwhile, liquidation is carried out by the liquidator or curator either based on the decision of the General Meeting of Shareholders or a court decision. This study aims to analyze the powers and responsibilities of a Notary concerning the liquidation process of a Limited Liability Company in Indonesia. The research method used is normative, using secondary data obtained from library research, including primary, secondary, and tertiary legal sources. The authority of a notary is to make a deed of the minutes of the first and second General Meeting of Shareholders and draw up a deed of dissolution of a limited liability company. The responsibilities of a notary in the liquidation of a limited liability company are regarding the responsibility for the deed he made and the civil, administrative, and criminal responsibilities. There are three processes. The first is the General Meeting Shareholders regarding the approval of the dissolution and the appointment of a liquidator. Second, namely the General Meeting of Shareholders agenda of approval of the liquidator’s report and the granting of release and discharge of the liquidator’s responsibilities. Finally, namely the making of a deed of dissolution of the company by a Notary.
{"title":"Authority and Responsibilities of a Notary Regarding the Liquidation Process of a Limited Liability Company in the Republic of Indonesia","authors":"Ruko ., S. ., R. Bintoro","doi":"10.21564/2414-990x.160.269422","DOIUrl":"https://doi.org/10.21564/2414-990x.160.269422","url":null,"abstract":"A notary is a public official who has duties and authorities related to making an authentic deed, in this case, the making of an act and the dissolution of a limited liability company. A limited liability company is a type of business entity consisting of shares. The establishment of a Limited Liability Company must meet the requirements specified in the laws and regulations. The Company's organs must exist within the Company, including the Company's organs, the General Meeting of Shareholders, the Board of Directors and the Board of Commissioners. Then regarding the dissolution of the company, the dissolution of the Company must be followed by liquidation. Meanwhile, liquidation is carried out by the liquidator or curator either based on the decision of the General Meeting of Shareholders or a court decision. This study aims to analyze the powers and responsibilities of a Notary concerning the liquidation process of a Limited Liability Company in Indonesia. The research method used is normative, using secondary data obtained from library research, including primary, secondary, and tertiary legal sources. The authority of a notary is to make a deed of the minutes of the first and second General Meeting of Shareholders and draw up a deed of dissolution of a limited liability company. The responsibilities of a notary in the liquidation of a limited liability company are regarding the responsibility for the deed he made and the civil, administrative, and criminal responsibilities. There are three processes. The first is the General Meeting Shareholders regarding the approval of the dissolution and the appointment of a liquidator. Second, namely the General Meeting of Shareholders agenda of approval of the liquidator’s report and the granting of release and discharge of the liquidator’s responsibilities. Finally, namely the making of a deed of dissolution of the company by a Notary.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129212111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-30DOI: 10.21564/2414-990x.160.273873
V. Lomaka
The concept of «legal culture» has been the subject of academic legal research over the past half century. It has attracted special attention in the postmodern research field, which is more interested in overcoming the limits of positivist legal analysis and is much better prepared for the challenges of interdisciplinarity. The concept of «legal culture», despite its inherent vagueness, is valued in the academic environment for its ability to broaden and deepen the understanding of national and regional legal systems and their components, to act, on the one hand, as evidence of legal uniformity and, on the other hand, of cultural difference, to emphasize legal identity and postulate the legal identity of individual human communities. The perception of law in its cultural determination takes researchers beyond the scope of exclusively legal texts and makes them sensitive to different models of legal thinking, assumptions, behavior and practices inherent in certain human communities. The concept of «legal culture» emphasizes the specific cultural ties that underlie a particular legal community. The obvious advantage of highlighting the legal and cultural uniformity of a certain group is its integrative functions: legal systems (subnational, national, integration or international) based on different legal concepts, rules, institutions and procedures can be linked at the legal and cultural level. The importance of legal and cultural analysis stems not only from the recognition of the existence of different levels of legal and cultural unity, but also from the need to observe the legal and cultural dynamics that exist within and between different legal cultures. This is due to the fact that legal culture can be constructed, deconstructed and reconstructed, and has a significant potential for evolution. The borders of legal culture are usually open to change (the process of Europeanization proves the validity of this conclusion), although this process is not fast and difficult to recognize as easily controlled. Legal traditions, as the core of national legal cultures, have undergone significant changes since the Second World War under the influence of modernization, industrialization, globalization and regional integration. The success of European legal integration and the process of European unification as a whole depends not only on artificial, top-down, harmonized or unified legislation, but also on the success of the process of forming a common European legal culture as a result of the Europeanization of 27 national legal cultures and, in particular, national professional legal cultures. In order for a meaningful and truly unified European legal order to be formed, it must be based on a European legal culture. Effective legal Europeanization directly depends, first, on the formation and perception by the societies of all 27 Member States of a system of common values, principles, ideas, ideals, models of legal argumentation, doctrines, theories, con
{"title":"Europeanization of Legal Culture: an Exploratory Essay","authors":"V. Lomaka","doi":"10.21564/2414-990x.160.273873","DOIUrl":"https://doi.org/10.21564/2414-990x.160.273873","url":null,"abstract":"The concept of «legal culture» has been the subject of academic legal research over the past half century. It has attracted special attention in the postmodern research field, which is more interested in overcoming the limits of positivist legal analysis and is much better prepared for the challenges of interdisciplinarity. The concept of «legal culture», despite its inherent vagueness, is valued in the academic environment for its ability to broaden and deepen the understanding of national and regional legal systems and their components, to act, on the one hand, as evidence of legal uniformity and, on the other hand, of cultural difference, to emphasize legal identity and postulate the legal identity of individual human communities. The perception of law in its cultural determination takes researchers beyond the scope of exclusively legal texts and makes them sensitive to different models of legal thinking, assumptions, behavior and practices inherent in certain human communities. The concept of «legal culture» emphasizes the specific cultural ties that underlie a particular legal community. The obvious advantage of highlighting the legal and cultural uniformity of a certain group is its integrative functions: legal systems (subnational, national, integration or international) based on different legal concepts, rules, institutions and procedures can be linked at the legal and cultural level. The importance of legal and cultural analysis stems not only from the recognition of the existence of different levels of legal and cultural unity, but also from the need to observe the legal and cultural dynamics that exist within and between different legal cultures. This is due to the fact that legal culture can be constructed, deconstructed and reconstructed, and has a significant potential for evolution. The borders of legal culture are usually open to change (the process of Europeanization proves the validity of this conclusion), although this process is not fast and difficult to recognize as easily controlled. Legal traditions, as the core of national legal cultures, have undergone significant changes since the Second World War under the influence of modernization, industrialization, globalization and regional integration. The success of European legal integration and the process of European unification as a whole depends not only on artificial, top-down, harmonized or unified legislation, but also on the success of the process of forming a common European legal culture as a result of the Europeanization of 27 national legal cultures and, in particular, national professional legal cultures. In order for a meaningful and truly unified European legal order to be formed, it must be based on a European legal culture. Effective legal Europeanization directly depends, first, on the formation and perception by the societies of all 27 Member States of a system of common values, principles, ideas, ideals, models of legal argumentation, doctrines, theories, con","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123472638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-30DOI: 10.21564/2414-990x.160.275719
I. Georgiievskyi, V. Spasenko, M. Bielikova
The article analyzes the current state of administrative and legal regulation of the institute of exemption from liability for minor administrative offenses. The author notes that there are a number of problematic aspects of application of the Code of Ukraine on Administrative Offenses (hereinafter – CUAO) in the area under study, which is explained by the uncertainty of the legal nature of minority of an administrative offense. The lack of legislative definition of the term "minority offense", the criteria for distinguishing such an act from others, and the lack of regulation of misdemeanors which fall under the signs of minority cause problems of a law enforcement nature. The purpose of the article is to determine the shortcomings of the legal regulation of the procedure for exempting a person from responsibility for committing an administrative offense recorded in the automatic mode, due to the insignificance of the offense and formulating proposals for improving the current legislation in this area. In order to achieve the specified goal, the authors analyzes the legislation which regulates the procedure for dismissal of offenders referred to in Art. 14-2 of the CUAO in the field of road traffic safety. As a result, it has been established that despite the additional enshrinement of exceptional grounds for exemption from liability in Article 279-3 of the CUAO, the above category of persons is in a more unfavorable position than other subjects of administrative offenses. Although the general ground for exemption from administrative liability set out in Article 22 of the CUAO, which is the insignificance of an act, does not contain any restrictions on its application to automatically recorded offenses, the impossibility of its implementation is due to the specifics of the provisions of Articles 33, 268, 280 of the CUAO. The author formulates proposals for improving the legal regulation of application of Article 22 of the CUAO to offenses in this area, which will form the basis for further developments.
{"title":"Peculiarities of Аpplication of the Institution of Exemption from Liability to Administrative Offenses in the Field of Road Safety, Recorded Automatically","authors":"I. Georgiievskyi, V. Spasenko, M. Bielikova","doi":"10.21564/2414-990x.160.275719","DOIUrl":"https://doi.org/10.21564/2414-990x.160.275719","url":null,"abstract":"The article analyzes the current state of administrative and legal regulation of the institute of exemption from liability for minor administrative offenses. The author notes that there are a number of problematic aspects of application of the Code of Ukraine on Administrative Offenses (hereinafter – CUAO) in the area under study, which is explained by the uncertainty of the legal nature of minority of an administrative offense. The lack of legislative definition of the term \"minority offense\", the criteria for distinguishing such an act from others, and the lack of regulation of misdemeanors which fall under the signs of minority cause problems of a law enforcement nature. The purpose of the article is to determine the shortcomings of the legal regulation of the procedure for exempting a person from responsibility for committing an administrative offense recorded in the automatic mode, due to the insignificance of the offense and formulating proposals for improving the current legislation in this area. In order to achieve the specified goal, the authors analyzes the legislation which regulates the procedure for dismissal of offenders referred to in Art. 14-2 of the CUAO in the field of road traffic safety. As a result, it has been established that despite the additional enshrinement of exceptional grounds for exemption from liability in Article 279-3 of the CUAO, the above category of persons is in a more unfavorable position than other subjects of administrative offenses. Although the general ground for exemption from administrative liability set out in Article 22 of the CUAO, which is the insignificance of an act, does not contain any restrictions on its application to automatically recorded offenses, the impossibility of its implementation is due to the specifics of the provisions of Articles 33, 268, 280 of the CUAO. The author formulates proposals for improving the legal regulation of application of Article 22 of the CUAO to offenses in this area, which will form the basis for further developments.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125092042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-30DOI: 10.21564/2414-990x.160.270276
Danang Hani Prasetyo, Tri Prihatinah, S. .
A notary deed is an authentic deed drawn up by or before a notary according to the form and procedure stipulated in Law Number 2 of 2014 concerning the Office of a Notary. Article 15 of the law on the position of a notary regulates the authority of a notary, and Article 16 of the law on the position of a notary regulates the obligations of a notary. In carrying out these powers and obligations, a role is required in the form of a series of actions that are supportive in carrying out the duties of a notary in accordance with his position if the Notary does not play a role in causing the deed to be canceled, as in the Supreme Court Decision No. 535 PK/Pdt/2017 (1) the cancellation was due to an imbalance between what was written in the sale and purchase agreement deed and the facts of the parties. The decision of the Surabaya District Court (2) stated that the deed made by a notary was valid according to legal provisions. In contrast, the decision of the Surabaya High Court (3) stated that the deed was legally flawed. The decision of the Supreme Court (4) at the cassation and review level upheld the decision. This study analyzes the juridical factors that cause the deed of sale and purchase agreement made before a notary to be void based on a court decision and analyzes the role of the Notary in making a sale and purchase agreement deed. The research method used is normative juridical, using secondary data obtained from literature studies, including primary, secondary, and tertiary legal sources. The juridical factor that caused the cancellation of the sale and purchases agreement deed by the Notary, according to the Supreme Court's decision upholding the high court's decision, was because the plaintiff of the convention could prove the argument for his lawsuit regarding bilyet giro not for land payment in the sale and purchase agreement deed but for the sale and purchase of scrap metal where the plaintiff (seller) is an intermediary in buying and selling scrap metal. The Notary has yet to play a role in making the sale and purchase agreement deed, which resulted in the sale and purchase agreement deed being canceled based on a court decision. The problem is caused by the Notary not carrying out roles, such as providing legal counseling in connection with doing the deed as stipulated in the notary position law Article 15 paragraph (2) letter (e), carrying out the task carefully as stipulated in Article 16 paragraph (1) letter a, Reading the deed before the parties attended by at least 2 (two) witnesses as referred to in Article 16 paragraph (1) letter (m).
公证书是由公证人或在公证人面前根据2014年关于公证处的第2号法律规定的格式和程序起草的真实契据。公证法第15条规定了公证员的权限,公证员职务法第16条规定了公证员的义务。开展这些权力和义务,一个角色是必需的一系列动作的形式支持开展公证的职责依照他的位置如果公证没有发挥作用导致行为被取消,在最高法院的判决535号PK / Pdt / 2017(1)取消是由于之间的不平衡是什么写在买卖合约行为和当事人的事实。泗水地方法院(2)的判决表明,根据法律规定,公证人所做的契约是有效的。相比之下,泗水高等法院(Surabaya High Court)的判决则认为该契约存在法律缺陷。最高法院(4)在上诉和复审层面的决定维持了这一决定。本研究分析了在公证人面前订立的买卖协议契据因法院判决而无效的法律因素,并分析了公证人在订立买卖协议契据中的作用。使用的研究方法是规范法律,使用从文献研究中获得的二手数据,包括初级,二级和三级法律来源。根据最高法院支持高等法院判决的判决,导致公证员撤销买卖协议契据的法律因素是,公约原告可以证明其诉讼的论据,即买卖协议契据中的bilyet giro不是用于土地支付,而是用于买卖废金属,其中原告(卖方)是买卖废金属的中介。由于公证人未能在买卖契约中发挥作用,导致买卖契约根据法院判决被撤销。问题是由公证员不履行职责引起的,例如,按照公证员职务法第15条第(2)款(e)项的规定提供与办理契约有关的法律咨询,按照第16条第(1)款(a)项的规定认真执行任务,按照第16条第(1)款(m)项的规定,在当事人面前由至少2(2)名证人出席的情况下阅读契约。
{"title":"The Role of the Notary when Making a Canceled Purchase Agreement Deed in Court (Review of Articles 15 and 16 of the Indonesian Notary Law)","authors":"Danang Hani Prasetyo, Tri Prihatinah, S. .","doi":"10.21564/2414-990x.160.270276","DOIUrl":"https://doi.org/10.21564/2414-990x.160.270276","url":null,"abstract":"A notary deed is an authentic deed drawn up by or before a notary according to the form and procedure stipulated in Law Number 2 of 2014 concerning the Office of a Notary. Article 15 of the law on the position of a notary regulates the authority of a notary, and Article 16 of the law on the position of a notary regulates the obligations of a notary. In carrying out these powers and obligations, a role is required in the form of a series of actions that are supportive in carrying out the duties of a notary in accordance with his position if the Notary does not play a role in causing the deed to be canceled, as in the Supreme Court Decision No. 535 PK/Pdt/2017 (1) the cancellation was due to an imbalance between what was written in the sale and purchase agreement deed and the facts of the parties. The decision of the Surabaya District Court (2) stated that the deed made by a notary was valid according to legal provisions. In contrast, the decision of the Surabaya High Court (3) stated that the deed was legally flawed. The decision of the Supreme Court (4) at the cassation and review level upheld the decision. This study analyzes the juridical factors that cause the deed of sale and purchase agreement made before a notary to be void based on a court decision and analyzes the role of the Notary in making a sale and purchase agreement deed. The research method used is normative juridical, using secondary data obtained from literature studies, including primary, secondary, and tertiary legal sources. The juridical factor that caused the cancellation of the sale and purchases agreement deed by the Notary, according to the Supreme Court's decision upholding the high court's decision, was because the plaintiff of the convention could prove the argument for his lawsuit regarding bilyet giro not for land payment in the sale and purchase agreement deed but for the sale and purchase of scrap metal where the plaintiff (seller) is an intermediary in buying and selling scrap metal. The Notary has yet to play a role in making the sale and purchase agreement deed, which resulted in the sale and purchase agreement deed being canceled based on a court decision. The problem is caused by the Notary not carrying out roles, such as providing legal counseling in connection with doing the deed as stipulated in the notary position law Article 15 paragraph (2) letter (e), carrying out the task carefully as stipulated in Article 16 paragraph (1) letter a, Reading the deed before the parties attended by at least 2 (two) witnesses as referred to in Article 16 paragraph (1) letter (m).","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114831309","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-30DOI: 10.21564/2414-990x.160.273808
T. Tsuvina
The article addresses the issue of judicial impartiality in civil procedure, which is relevant from theoretical and practical perspectives. The purpose of the article is to highlight the main approaches to judicial impartiality as an integral part of the right to a fair trial in terms of the paragraph 1Article 6 of the European Convention of Human Rights, as well as to analyze the Supreme Court's practice for compliance with the approaches to the interpretation of judicial impartiality developed in the case-law of the European Court of Human Rights. In the article the author uses general philosophical, general scientific and special research methods, in particular, dialectical, system-structural, logical and comparative legal methods, method of analysis and synthesis. The judicial impartiality is an integral element of the rule of law and the right to a fair trial. The European Convention on Human Rights and the case-law of the European Court of Human Rights played a key role in the development of international standards of judicial impartiality within the European region. The European Court of Human Rights developed a dual approach to judicial impartiality, distinguishing between subjective and objective impartiality. An additional approach to verifying the impartiality of the court in the case law of the European Court of Human Rights is to distinguish between functional and personal impartiality. The analysis of the Supreme Court practice shows that the latter has not fully accepted the approaches to judicial impartiality developed by the of the European Court of Human Rights. The article analyzes certain cases of the Supreme Court, in which, in the author's opinion, the Supreme Court incorrectly applied the case-law of the European Court of Human Rights in order to motivate its decisions. In addition, special attention is paid to the problem of the possibility of judicial disqualification on the grounds of the performance/non-performance of certain procedural powers by a judge. The article can be interesting for legal scholars and practitioners, PhD students and students of law universities.
{"title":"Judicial Impartiality in Civil Proceedings: Case Law of the European Court of Human Rights and Selected Cases of the Supreme Court","authors":"T. Tsuvina","doi":"10.21564/2414-990x.160.273808","DOIUrl":"https://doi.org/10.21564/2414-990x.160.273808","url":null,"abstract":"The article addresses the issue of judicial impartiality in civil procedure, which is relevant from theoretical and practical perspectives. The purpose of the article is to highlight the main approaches to judicial impartiality as an integral part of the right to a fair trial in terms of the paragraph 1Article 6 of the European Convention of Human Rights, as well as to analyze the Supreme Court's practice for compliance with the approaches to the interpretation of judicial impartiality developed in the case-law of the European Court of Human Rights. In the article the author uses general philosophical, general scientific and special research methods, in particular, dialectical, system-structural, logical and comparative legal methods, method of analysis and synthesis. The judicial impartiality is an integral element of the rule of law and the right to a fair trial. The European Convention on Human Rights and the case-law of the European Court of Human Rights played a key role in the development of international standards of judicial impartiality within the European region. The European Court of Human Rights developed a dual approach to judicial impartiality, distinguishing between subjective and objective impartiality. An additional approach to verifying the impartiality of the court in the case law of the European Court of Human Rights is to distinguish between functional and personal impartiality. The analysis of the Supreme Court practice shows that the latter has not fully accepted the approaches to judicial impartiality developed by the of the European Court of Human Rights. The article analyzes certain cases of the Supreme Court, in which, in the author's opinion, the Supreme Court incorrectly applied the case-law of the European Court of Human Rights in order to motivate its decisions. In addition, special attention is paid to the problem of the possibility of judicial disqualification on the grounds of the performance/non-performance of certain procedural powers by a judge. The article can be interesting for legal scholars and practitioners, PhD students and students of law universities.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114871916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-30DOI: 10.21564/2414-990x.160.269672
Bima Setoaji, S. ., S. Kunarti
Debt agreement with land certificate guarantee, the accesoir agreement is a guarantee agreement by way of installation of Mortgage which then for repayment if there is negligence / default, an auction is carried out as regulated in Law Number 4 of 1996 concerning Mortgage but in this case it is actually used as a sale and purchase between debtors and creditors. This may cancel the registration of the transfer of land rights that has been carried out by the Purchaser who was previously the Creditor Party. This study uses a normative juridical research method and uses a statutory approach, a conceptual approach, and a case approach. The data sources used are secondary data sources with primary legal sources, secondary legal sources, and tertiary legal sources. Data analysis in this study is a qualitative analysis method with deductive reasoning logic.The results obtained are that the Deed of Sale and Purchase of land rights based on debts and receivables is considered invalid because it is a form of simulation agreement, which is a continuation of accounts payable which if the collateral is a plot of land then it should be the installation of Mortgage Rights. This is based on Article 1131 of the Indonesian Civil Code and the rules contained in Law Number 4 of 1996 concerning Mortgage Rights. Another thing that happened was that the making of the Sale and Purchase Deed was based on the Sale and Purchase Agreement Deed and the Power of Attorney to Sell which contained legal defects so that it affected its validity. The cancellation of land rights can be carried out by means of an application through the Head of the Regency/City Land Office which is then forwarded to the Head of the Provincial Regional Office as described in Article 125-130 of the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning Procedures for Granting and Cancellation of State Land Rights and Management Rights which are the Implementing Regulations of Government Regulations Number 24 of 1997 concerning Land Registration.
{"title":"Validity of Land Rights Transfer Based on Debt with Collateral of Land Certificate under Indonesian Law","authors":"Bima Setoaji, S. ., S. Kunarti","doi":"10.21564/2414-990x.160.269672","DOIUrl":"https://doi.org/10.21564/2414-990x.160.269672","url":null,"abstract":"Debt agreement with land certificate guarantee, the accesoir agreement is a guarantee agreement by way of installation of Mortgage which then for repayment if there is negligence / default, an auction is carried out as regulated in Law Number 4 of 1996 concerning Mortgage but in this case it is actually used as a sale and purchase between debtors and creditors. This may cancel the registration of the transfer of land rights that has been carried out by the Purchaser who was previously the Creditor Party. This study uses a normative juridical research method and uses a statutory approach, a conceptual approach, and a case approach. The data sources used are secondary data sources with primary legal sources, secondary legal sources, and tertiary legal sources. Data analysis in this study is a qualitative analysis method with deductive reasoning logic.The results obtained are that the Deed of Sale and Purchase of land rights based on debts and receivables is considered invalid because it is a form of simulation agreement, which is a continuation of accounts payable which if the collateral is a plot of land then it should be the installation of Mortgage Rights. This is based on Article 1131 of the Indonesian Civil Code and the rules contained in Law Number 4 of 1996 concerning Mortgage Rights. Another thing that happened was that the making of the Sale and Purchase Deed was based on the Sale and Purchase Agreement Deed and the Power of Attorney to Sell which contained legal defects so that it affected its validity. The cancellation of land rights can be carried out by means of an application through the Head of the Regency/City Land Office which is then forwarded to the Head of the Provincial Regional Office as described in Article 125-130 of the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning Procedures for Granting and Cancellation of State Land Rights and Management Rights which are the Implementing Regulations of Government Regulations Number 24 of 1997 concerning Land Registration.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121361286","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-30DOI: 10.21564/2414-990x.160.272931
I. Malanchuk
The article focuses on the issue of Ukrainian refugees who have been forced to flee abroad due to the ongoing conflict in Ukraine, and the complex and challenging legal framework for their protection. The study reviews relevant literature and previous studies on the legal framework for the protection of refugees, with a particular focus on the situation of Ukrainian refugees. The methodology for this article includes a comprehensive analysis of the existing legal instruments and frameworks that are applicable to refugees, including the 1951 Convention Relating to the Status of Refugees and the Temporary Protection Directive. The study aims to contribute to the ongoing discussion on the legal protection of Ukrainian refugees by providing a detailed analysis of the legal framework and identifying specific areas in need of improvement. The objective of the study is to further examine the legal framework for the protection of Ukrainian refugees and to identify ways in which the current system can be improved to better protect this vulnerable population.
{"title":"Legal Framework for the Protection of Ukrainian Refugees: A Comparative Study","authors":"I. Malanchuk","doi":"10.21564/2414-990x.160.272931","DOIUrl":"https://doi.org/10.21564/2414-990x.160.272931","url":null,"abstract":"The article focuses on the issue of Ukrainian refugees who have been forced to flee abroad due to the ongoing conflict in Ukraine, and the complex and challenging legal framework for their protection. The study reviews relevant literature and previous studies on the legal framework for the protection of refugees, with a particular focus on the situation of Ukrainian refugees. The methodology for this article includes a comprehensive analysis of the existing legal instruments and frameworks that are applicable to refugees, including the 1951 Convention Relating to the Status of Refugees and the Temporary Protection Directive. The study aims to contribute to the ongoing discussion on the legal protection of Ukrainian refugees by providing a detailed analysis of the legal framework and identifying specific areas in need of improvement. The objective of the study is to further examine the legal framework for the protection of Ukrainian refugees and to identify ways in which the current system can be improved to better protect this vulnerable population.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"82 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131203295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-30DOI: 10.21564/2414-990x.160.272738
Dmitry Zadykhaylo, A. Savchenko
In the article were analyzed the state and prospects of further medical reform in Ukraine. The authors set themselves the goal of conducting a study of the essence of health care reform, and during this process advantages and disadvantages of implemented changes in this area were characterized. The importance of this study lies in the fact that human health and life are recognized at the constitutional level as the highest price, and therefore their protection requires special attention from the state. Promoting the development of health care system improve the quality of life of the population, which in the future will have a positive effect on the economic development of the country. Four main directions of the reform were developed in the work, such as improving the quality of medical services, optimizing the financing of the health care system, improving the management system, and changes in the pharmaceutical sector. An important achievement of the reform is the introduction of the medical services market, which has its own specific features and base on the principle of free competition and financial transparency. The article focuses on the legal regulation of public relations in the field of health care. Legislative provision of this is considered from the point of view of creating a competitive market for medical services, which is opposed to the administrative model of ensuring citizens' health care. The institutional nature of the organization of such market with relevant entities providing services competing with each other is emphasized; medical service in its commodity-value aspect; introduction of the principle of consumer choice of medical service and the entity that provides it; creation of a special state agency that pays the cost of the provided medical service to the relevant subject of medical activity for the benefit of the beneficiary-consumer, who chose this particular subject. Accordingly, the driving force of the market is recognized the actual medical economic activity. Taking into account the above, the article, based on the analysis of the relevant legal acts, concludes that relations in the field of health care have been transformed in the direction of the economic and legal nature of their regulation. This is evidenced by the use of stable constructions of economic law, namely: economic activity; non-commercial management; communal non-commercial enterprise; state regulation of economic activity; subject of organizational and economic powers, etc. The continuation of scientific researches on this issue will contribute to the further development of the national health sector, including by improving the public management of this component of the national economy.
{"title":"Formation of Market Foundations of Health Care Organization in Ukraine (Commercial Legal Aspect)","authors":"Dmitry Zadykhaylo, A. Savchenko","doi":"10.21564/2414-990x.160.272738","DOIUrl":"https://doi.org/10.21564/2414-990x.160.272738","url":null,"abstract":"In the article were analyzed the state and prospects of further medical reform in Ukraine. The authors set themselves the goal of conducting a study of the essence of health care reform, and during this process advantages and disadvantages of implemented changes in this area were characterized. The importance of this study lies in the fact that human health and life are recognized at the constitutional level as the highest price, and therefore their protection requires special attention from the state. Promoting the development of health care system improve the quality of life of the population, which in the future will have a positive effect on the economic development of the country. Four main directions of the reform were developed in the work, such as improving the quality of medical services, optimizing the financing of the health care system, improving the management system, and changes in the pharmaceutical sector. An important achievement of the reform is the introduction of the medical services market, which has its own specific features and base on the principle of free competition and financial transparency. The article focuses on the legal regulation of public relations in the field of health care. Legislative provision of this is considered from the point of view of creating a competitive market for medical services, which is opposed to the administrative model of ensuring citizens' health care. The institutional nature of the organization of such market with relevant entities providing services competing with each other is emphasized; medical service in its commodity-value aspect; introduction of the principle of consumer choice of medical service and the entity that provides it; creation of a special state agency that pays the cost of the provided medical service to the relevant subject of medical activity for the benefit of the beneficiary-consumer, who chose this particular subject. Accordingly, the driving force of the market is recognized the actual medical economic activity. Taking into account the above, the article, based on the analysis of the relevant legal acts, concludes that relations in the field of health care have been transformed in the direction of the economic and legal nature of their regulation. This is evidenced by the use of stable constructions of economic law, namely: economic activity; non-commercial management; communal non-commercial enterprise; state regulation of economic activity; subject of organizational and economic powers, etc. The continuation of scientific researches on this issue will contribute to the further development of the national health sector, including by improving the public management of this component of the national economy.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128991983","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}