Examples of using Subjective scope in English and their translations into Russian
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Official
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Colloquial
Subjective scope of immunity ratione materiae.
What about the objective importance and subjective scope of the infringed rule?
The subjective scope of immunity ratione personae.
Draft article 5 is the first of the draft articles on immunity ratione materiae andis intended to define the subjective scope of this category of immunity from foreign criminal jurisdiction.
The subjective scope of immunity ratione personae: who enjoys immunity?
The concept of an"official" is particularly relevant to the topic"Immunity of State officialsfrom foreign criminal jurisdiction", because it determines the subjective scope of the topic.
The objective and subjective scope of its activity is specified by article 208 of the Constitution.
In the light of the foregoing, the following draft article is proposed;it follows the same pattern as the draft article on the subjective scope of immunity ratione personae adopted by the Commission in 2013.
The subjective scope of immunity ratione materiae: what persons benefit from immunity?
Thus, while there is broad consensus on the unlimited nature of the temporal scope of immunity ratione materiae, the material and subjective scope of such immunity is the subject of a broader discussion and still gives rise to controversy, not only in the doctrine but also in jurisprudence and practice.
The subjective scope of this definition is based on the interpretation practice of the Supreme Administrative Court and amendments to the Act are not warranted at present.
Following an analysis of relevant national and international judicial practice, treaty practice and the previous work of the Commission,the Special Rapporteur proposed two draft articles relating to the general concept of"an official" for the purposes of the draft articles and the subjective scope of immunity ratione materiae.
The subjective scope of this definition is based on the interpretation practice of the Supreme Administrative Court, and amending the Act in this respect is not warranted at present.
Consequently, in its approach to the issue of terminology, the present report will advocate the use of terms that can in no instance be misinterpreted, especially in the case of terms thathave different meanings in different countries, where their use might have the unwanted effect of conditioning the way in which the subjective scope of immunity is interpreted.
In that regard,it should be noted that, unlike the subjective scope of immunity ratione personae, abstract discussion of its material scope has caused no difficulty in practice.
In view of the fact that Poland has made its own contribution to the work of the Ad Hoc Committee as well as the Working Group of the Sixth Committee dealing with this question, by presenting proposals concerning the scope of application and definitions of the Convention, I would like to state that Poland has always supported and still supports giving the Convention the widest objective,as well as subjective, scope of application.
His delegation endorsed draft article 5, which focused on the subjective scope of that category of immunity, referred to the official nature of the acts of the officials and emphasized the functional nature of immunity ratione materiae.
The subjective scope of the commissioner's competence covers both Polish citizens as well as foreigners, including stateless persons, if their rights and freedoms guaranteed by the Polish law have been violated by an act or omission on the part of organs of public authority.
In light of the above,the Special Rapporteur considers that the subjective scope of immunity from foreign criminal jurisdiction ratione personae should be limited to Heads of State, Heads of Government and ministers for foreign affairs. She therefore proposes the following draft article.
With respect to the subjective scope of immunity ratione materiae, those persons to whom immunity might apply in a specific case also had to have a connection with the State, meaning that they were in a position to perform acts that involved the exercise of governmental authority.
The aforementioned contention concerns, primarily, the following issues:(a)the definition of the subjective scope of immunity ratione personae, which Special Rapporteur Kolodkin linked to the general concept of the"official";(b) the definition of an"official act" and its relationship to State responsibility; and(c) the absolute or restricted nature of immunity.
On the contrary, for the purposes of defining the subjective scope of this type of immunity, reference to the connection with the State must be confined to the observation that the individual may act in the name and on behalf of the State, performing functions that involve the exercise of governmental authority.
In addition, the Supreme Court has interpreted the subjective scope of application of article 2 of the Constitution by stating its general understanding of the right to self-identification and indicating that comprehensive assessment of each case is required in order to establish the anthropological and sociological meaning of"indigenous", in a legal context, in order to ensure that the rights of this population group are respected. This is made clear in the following judicial opinions.
There was thus appreciable scope for subjective and arbitrary conduct, especially in the light of existing concerns regarding police culture.
The view was expressed, however, that whatever option was adopted,the terms proposed left very considerable scope for subjective interpretation, whether of the term"futile" or of the term"reasonable.
Assessing the scope of innovation is a highly subjective process, with conclusions heavily dependent on the values and perceptions of the assessor.
Lastly, with regard to subjective limitation of the scope of the draft articles, it should be recalled that the title of the topic refers to"officials" in English,"représentants" in French and"funcionarios" in Spanish.
It was noted that article 31 also required more work; its current wording,which mixed objective and subjective elements, blurred the scope of force majeure or other external events as circumstances precluding wrongfulness.
Mr. Rwangampuhwe(Rwanda) said that the wording of subparagraph(a) allowed for a subjective evaluation of the situation, thus providing scope for the contracting authority to terminate the contract without due cause.
In its advisory opinion on Reparation for Injuries Suffered in the Service of the United Nations,the International Court of Justice distinguished between subjective and objective personality and limited the scope of personality to the necessary means to achieve the objectives of the organization.
