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Oniszczuk, Jerzy. "The concept of the State of Law." Studia z Polityki Publicznej, no. 2(6) (June 1, 2015): 57–77. http://dx.doi.org/10.33119/kszpp.2015.2.3.
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Political systems of various states are currently described as the rule of law states, lawabiding states, democratic states ruled by law, lawful states, or law-governed states?Mostly, it is noticed that the states ruled by law are characterized by the fact that thepower is exercised by the set of abstract principles which govern the conduct of all people(a general norm) by equal rules, in opposition to the state governed by people (the orderof an individual or group of individuals). Such a state acts on the basis of law and withinits limits. The above statement corresponds with the apprehension of the law-abidingstate. The law observing state is formally characterized by functioning on the basis of,and within the limits of law whereas its substantial dimension means that the law is equal(equal for everyone). This description is not sufficient to characterize the rule of the lawstate. It is only a fragment of even broader concept of the democratic state ruled by law.
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Akhrarov, B. D., and Sh X. Alirizaev. "Uzbek Laws Provide Responsibility For Violation Of Democratic Election Principles." American Journal of Political Science Law and Criminology 3, no. 05 (2021): 72–78. http://dx.doi.org/10.37547/tajpslc/volume03issue05-12.
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Building a democratic state governed by the rule of law and a free civil society is unimaginable without elections. After all, in the election process, the diversity of opinions in society, the will, aspirations, social moods of the people are clearly reflected. Democratic elections, which reflect the diversity of views in society, the aspirations and aspirations of the people, must be legally protected. Liability for violation of the principles of democratic elections has been established. Building a democratic state governed by the rule of law and a free civil society is unimaginable without elections. After all, in the election process, the diversity of opinions in society, the will, aspirations, social moods of the people are clearly reflected. Democratic elections, which reflect the diversity of views in society, the aspirations and aspirations of the people, must be legally protected. Liability for violation of the principles of democratic elections has been established.
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Chhetri, Than Bahadur. "Federal Democratic Republic of Nepal: An Assessment of the Rule of Law." Journal of Political Science 21 (February 26, 2021): 1–8. http://dx.doi.org/10.3126/jps.v21i0.35258.
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The Rule of law, a set of principles of governance, apply to all individuals, organizations and the government itself. Democracy is a political system governed by the rule of law. No rule of law means no democratic future. This paper aims to assess the state of the rule of law under the new political setup, taking the rule of law as dependent variable and fundamental rights, corruption, open parliament and independent judiciary as independent variables. To measure the rule of law, necessary information was collected from printed and online sources. A federal democratic republic can grow healthy only when there exists the rule of law and efficient state institutions. The fundamental problems in strengthening the rule of law obstructed by the tendency of personalization and frequent intervention in state institutions, high level of corruption at policy level, poor legislative bill formulation, the controversial appointing process of the judges and the political dominations. The acceptance of international norms to address the justice and to promote human rights, adhering to the principle of inclusion and equality, maintaining transparency rule in the appointment in various constitutional bodies and keeping out of executive influence to maintain impartial and independent institutions can help in strengthening the rule of law.
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민윤영. "Christian Social Participation as Civil Movement in Democratic State Governed by the Rule of Law." KOOKMIN LAW REVIEW 24, no. 2 (2011): 79–114. http://dx.doi.org/10.17251/legal.2011.24.2.79.
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Polvanov, Jaloliddin Ne'matjonovich. "THE IMPORTANCE OF PUBLIC CONTROL IN BUILDING A DEMOCRATIC STATE BASED ON THE RULE OF LAW AND THE FORMATION OF CIVIL SOCIETY AND IN THE MANAGEMENT OF SOCIETY." Oriental Journal of History, Politics and Law 01, no. 01 (2021): 4–8. http://dx.doi.org/10.37547/supsci-ojhpl-01-02.
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This article discusses the formation of views on a democratic state governed by the rule of law and civil society. The article also discusses the state guarantees and support for the protection of non-governmental organizations. In legal democracies, strong governance is largely the responsibility of civil society institutions. At the same time, the direct participation of the public in the implementation of governance will be expanded. A self-governing society is based on strong non-governmental structures.
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Harjevschi, Mariana, and Svetlana Andritchi. "The Legal System of the Republic of Moldova An Overview." International Journal of Legal Information 31, no. 1 (2003): 47–61. http://dx.doi.org/10.1017/s0731126500010313.
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The Republic of Moldova (www.moldova.md) is a sovereign, independent state, situated in southeastern Europe between Romania and Ukraine. The form of government of the country is the Republic. Governed by the rule of law, the Republic of Moldova is a democratic state in which the dignity of people, their rights and freedoms, the free development of human personality, justice and political pluralism represent supreme values, guaranteed by the Constitution's Article 1.
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Andreichenko, Lyudmila S. "LAW-GOVERNED STATE EVOLVEMENT THROUGH THE PRISM OF THE COURT PRACTICE." Oeconomia et Jus, no. 2 (June 25, 2021): 30–37. http://dx.doi.org/10.47026/2499-9636-2021-2-30-37.
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The article examines certain aspects in legal guarantees of the court special status as the main guarantor of the law-governed state and their impact on its activities. The author substantiates the thesis that the court and justice should be perceived as the foundation of civil society. Attention is focused on the fact that the formation of an independent and effective judicial system cannot take place without a direct and active role of the society. An important characteristic of the rule of law is the judicial system, which can act as an independent and impartial intermediary between the civil society and the state. Consequently, the path to the evolvement of a civil society must pass through the direct participation of citizens in the political life of the country and organization of a responsible judicial system. At this, justice should be considered both as a duty and the right of public authority, which is also based on the desire or unwillingness of individuals to assign such a power to the authorities. At the same time, in the spirit of the concept of separation of powers, exclusive attention should be focused on the analysis of theoretical and practical foundations of the judiciary in the conditions of the transforming Russian state, which is a complex, multidimensional task aimed at improving the legal regulation and activities of all the judicial system components, expanding the organizational and functional powers of the judiciary, as well as streamlining the rights and obligations of all participants in the judicial process. Summing up, the author notes that the judiciary in a law-based and democratic state should be based on such principles as to be independent and self-determined between the state and the individual.
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Kharel, Aswasthama Bhakta. "Facets of Democracy: An Overview." Molung Educational Frontier 9 (December 22, 2019): 15–29. http://dx.doi.org/10.3126/mef.v9i0.33581.
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Democracy allows the expression of political preferences of citizens in a state. It advocates the rule of law, constraints on executive’s power, and guarantees the provision of civil liberties. It also manages to ensure human rights and fundamental freedoms of people. In democracy, people are supposed to exercise their freely expressed will. Ordinary people hold the political power of the state and rule directly or through elected representatives inside a democratic form of government. Democracy is a participatory and liberal way of governing a country. Different countries in the world have been practicing various models of democracy. There remains the participation of people in government and policy-making of the state under democracy. But when the majority can pull the strings of the society without there being legislation for protecting the rights of the minority, it may create a severe risk of oppression. Many countries of the world at the present time are facing democratic deficits. In several countries, the democratic practices are not adequately regulated and governed, as a result, the rise of violations of rules of law is observed. Even a few countries practicing democracy are not living peacefully. This situation has put a significant question about the need and sustainability of democracy. Democracy is a widely used system of governance beyond having several challenges. Here the concept, origin, models, dimensions, practices, challenges, solutions, and future of democracy are dealt to understand the structure of ideal democracy.
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Ахметов, Арман, and Arman Ahmetov. "PROBLEMS OF FORMATION OF THE LEGAL CULTURE OF THE MODERN SOCIETY." Journal of Foreign Legislation and Comparative Law 3, no. 3 (2017): 18–22. http://dx.doi.org/10.12737/article_593fc3439943f8.88868960.
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This article analyzes the legal culture of the modern society. The aim of the paper is to select the values of the legal culture of the Republic of Kazakhstan during its development as a democratic state. Special attention is paid to the study of axiological aspects of the legal culture in the process of development of democratic state and formation of civil society. The scientific work was based on a scientific research of Kazakh and foreign authors on nature of law, legal culture, its values in the process of formation of civil society and a state governed by the rule of law. The author believes that legal culture is a phenomenon quite complex and diverse in its internal structure and variety of social relations. The legal culture is not only knowledge of the laws, norms of law and methods of their use, however, and involves them as mandatory elements of the legal system. Legal culture includes awareness and the level of law-enforcement activities in the interests of ensuring and strengthening the rule of law. There are a few conclusions at the end of the article. The author believes that the legal culture is a certain steady state of social consciousness and social practice whish are based on repeated certain activities, the systematic functioning of the various structural elements of the legal system — the law, morality and traditions.
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Lutsky, R. Р. "The influence of unofficial interpretation through public opinion on the formation of the idea of legality, justice and law." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 89–93. http://dx.doi.org/10.33663/2524-017x-2021-12-14.
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Relevance of the study is caused by the often usage of the term «legal state» at the modern stage of the development of our society. With this some authors refer to the desire to emphasize that declaring itself as sovereign and independent Ukraine become at the same time the legal state and the other authors want to prove that the construction of such state is a matter for the longer term. Due to the article 1 of Constitution of our state, Ukraine is a sovereign, independent, democratic, social, legal state. But the realities of today clearly demonstrate that it is only a declaration. Ukraine is not a law-governed state, since it needs to overcome the number of problems that prevent it from being law-governed. Formation of legal state in Ukraine is extremely difficult multifaceted process that includes not only formation of the authority structures that are able to ensure the compliance with the law and citizens’ rights but also the availability of a wide range of political parties and movements, social groups and strata with specific interests particularly in legal, political, social, economic behavior. Legal state is such a sovereign state that functions in the civil society and where by legal means the real protection of fundamental rights and freedoms of man and citizen are provided. It is based on the certain principles, the most important of which is the rule of law, separation of powers, the reality of the rights and freedoms of man and citizen, legality, the presence of high legal culture of citizens. Overcoming the deformation of legal consciousness and creation of condi- tions for improving of legal culture of population, active and conscious participation of citizens in the implementation of reforms today are the primary tasks of society and the state towards the development of civil society and legal state in Ukraine. Keywords: law, positive law, natural law, society, rule of law, legal environment, interpretation of law, sovereign state, Ukraine.
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Kaczorowski, Paweł. "„Dobre” społeczeństwo i państwo prawa. Prolegomena do konstytucji." Civitas. Studia z Filozofii Polityki 10 (January 30, 2007): 29–42. http://dx.doi.org/10.35757/civ.2007.10.02.
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The idea of a law-governed state, which is referred to so commonly, exists as a synonym of the principle of the supreme meaning and standing of the constitution in the state system. The law-governed state in its pure form is one where the law provides not only the framework and barriers for the state and the actions of the authorities, but a state wherein its beginning and foundations are rooted in the law. The concept of the law-governed state has many highly detailed elements (the very existence of the constitution, the separation of powers, the independence of the courts, the legal character of administrative actions, legal protection against decisions made by the authorities, the right to appeal, etc.); its essence, however, is the recognition of the law as a particular means and a yardstick with which both the state’s system and the recognition of the legal standards vested with the power to shape social relationships, the regulatory power, are moulded. It is the prestige of the law – nomos basileus – which should be the source of state order. The supremacy of the law provides the premise on which the introduction of every detailed solution which turns the idea of the law-governed state into specifics, is based. If the rule of law, rather than that of the authorities is to exist, this must be a law wherein each citizen may contribute to its shape; ideally it will be one established directly by the citizens rather than by the established authorities, democratic in an indirect way. This must be a law binding upon everyone equally, observed by everyone, operating effectively and surely. It must also be a law made for society’s sake rather than for that of an idea, and it must be fitting to those realities, standards and common practices that exist in that society. It must also be a law not too rigorous and imposing neither excessive requirements nor strange measures.
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Pogodin, A. V. "Democratic and Authoritarian Methods of a Social State Governed by the Rule of Law (with the Russian Federation as an Example)." Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki 162, no. 2 (2020): 30–39. http://dx.doi.org/10.26907/2541-7738.2020.2.30-39.
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Wonicki, Rafał. "Trzy modele demokratycznego państwa." Civitas. Studia z Filozofii Polityki 10 (January 30, 2007): 94–120. http://dx.doi.org/10.35757/civ.2007.10.06.
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The theory of a deliberative, democratic state posited by Jurgen Habermas fills the gaps in the concepts of democracy proper to liberalism and republicanism. Habermas’ theory intermediates between the liberal and the republican models, avoiding the one-sidedness to which they tend. A deliberative state ruled by law is based on a discursive forming of the will (active participation in the political, social and cultural sphere), the essence of which is communicative rationality, setting out the framework of a democratic procedure legitimising the rightfully made law and a law-abiding state. Communicative rationality guarantees that all the important interests will be accounted for. In this model, the public space, in turn, is perceived and understood as a possibility whereby all the stakeholders are able to create procedures. In his theory of liberalism, Habermas refers to a higher level of intersubjectivity where the communication processes occurs, which leads on the one hand to the institutionalising of deliberations, in the form of political bodies, and on the another hand, to the establishing of an informal network of linkages in the public sphere. Contrary to the liberal and republican model, the deliberative model of a democratic, law-governed state is focussed on the discursive legitimisation of the law, while politics here is understood as a public activity being played out in the interpersonal sphere. In such politics, the attention is displaced from the fi nal act of voting to the process of agreeing the rules and arriving at an agreement.
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Jaworski, Bogdan. "Pozycja ustrojowoprawna samorządu gminnego w systemie administracji publicznej." Studia Iuridica, no. 85 (March 15, 2021): 140–56. http://dx.doi.org/10.31338/2544-3135.si.2020-85.10.
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Public administration in Poland has taken the form of a system of entities with different tasks and objectives, as well as different competences. It is a part of the classical model based on the functioning of two separate components, such as the state administration, including the government and local self-government. From the perspective of a democratic state governed by the rule of law, the existence of local self-government is extremely important, and even becomes a necessity. Therefore, the deliberations addressed in the paper focus on the functioning of this form of public administration at the lowest level of basic division of the state, which is the commune. The presented research is an attempt to indicate the legal status and position of commune self-government not only in the broadly understood local self-government but also in the whole public administration system.
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Voitovich, V. Yu. "THEORETICAL IDEAS, LAW AND PRINCIPLES OF PUBLIC ADMINISTRATION." Bulletin of Udmurt University. Series Economics and Law 31, no. 3 (2021): 528–33. http://dx.doi.org/10.35634/2412-9593-2021-31-3-528-533.
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Today, more than ever, it is important to thoroughly study the experience of the structural organization and management of organizations, the experience of using electronic computing systems, the experience of accounting for the theory of systems, the use of technology in management, etc. All this is not only legitimate, but also vital, especially at the present time, in a democratic State governed by the rule of law. Therefore, we need to ask ourselves: have we studied, comprehended and generalized the socialist experience (meaning the experience of the USSR and the fraternal socialist countries) in the management and organization of production in a sufficiently deep and thorough way? Is there a sufficient number of specific studies of new forms and methods of government that are necessary for the successful implementation of the political objectives of the state established by Chapter 1 of the Constitution of the Russian Federation, especially taking into account the amendments made? Undoubtedly, the Marxist-Leninist science of management is quite high in its social potential, in its scientific methodology, in its humanistic ideal, in solving the problems of the role of man in the management of society, the relationship of the subject to the managed object, on issues of discipline and labor organization, and many other issues related to the effectiveness of management. The more fully and deeply the positive elements of forms and methods of governance in different countries are studied, the more deeply the Russian experience will be understood.
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Kohl, Helmut. "LL.M. Programs: The Frosting on the Cake of Legal Education?" German Law Journal 4, no. 7 (2003): 735–46. http://dx.doi.org/10.1017/s2071832200016370.
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It is the primary task of Law Schools around the world to educate young promising adults who choose the responsible profession of a lawyer, be it in the role of an attorney, a lawyer in administrative services, in industry, or a judge. Apparently, in almost all countries, admission to these important professional roles is highly regulated, be it by law, be it by professional tradition or be it by a mixture of both of these factors. It generally requires a university degree and/or the successful passing of an examination administered by the State or a professional organization. For a law school, which feels any responsibility towards its students, legal education must first of all aim to equip them with the methodological, theoretical and practical knowledge, insights and basic skills necessary to fulfill the requirements for these degrees and exams, hoping at the same time that these requirements are those that enable the former students to properly, conscientiously and ethically perform their important roles in their respective national societies. Accordingly, the law of my home state requires that “the aim of legal education is the enlightened lawyer who thinks critically and acts rationally and is aware of his or her responsibility as a guardian of a free, democratic, social state, governed by the rule of law, and is able to recognize his or her obligation to further develop the law.”
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Rozczyński, Beniamin, and Maciej Mączyński. "Rola sądownictwa administracyjnego na przykładzie względnej dewolutywności skargi kasacyjnej wniesionej do Naczelnego Sądu Administracyjnego." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 23 (August 3, 2018): 81–98. http://dx.doi.org/10.19195/1733-5779.23.6.
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The role of the administrative judiciary on the basis of the relative devolution of the cassation appeal filed with the Supreme Administrative CourtThe important role of administrative courts is to examine the legality of public administration operations, which is a manifestation of the implementation of one of the fundamental constitutional principles, i.e. the principle of a democratic state governed by the rule of law, which gives effect to the principle of social justice. The administrative courts were provided with a new procedural instrument — the exchangeability of a cassation appeal. This institution entitles the voivodship administrative court, which states that in a case the proceedings are invalid or the grounds for the cassation complaint are clearly justified, to revoke the appealed judgment or the decision, also deciding on the application of a party on the reimbursement of the cassation proceedings costs and at the same meeting to reconsider the case.
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Deng, Mark A. W. "Defining the Nature and Limits of Presidential Powers in the Transitional Constitution of South Sudan: A Politically Contentious Matter for the New Nation." Journal of African Law 61, no. 1 (2017): 23–39. http://dx.doi.org/10.1017/s0021855317000031.
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AbstractThis article reflects on the Transitional Constitution of South Sudan and the political tumult in which it has landed the country. In particular, it looks at the contentious provisions of article 101(r) and (s) of the constitution, which give the president powers to remove an elected state governor and appoint a new governor, upon the occurrence of a crisis whose nature is undefined in the constitution and remains intellectually inconceivable. The article argues that these provisions concentrate political power in the hands of president, to the extent that they undermine the development and maintenance of democracy and the rule of law in the country. In conclusion, it argues for the adoption of a democratic constitution and a federal system of government as the solution to the concentration of political power in Juba.
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Bazov, Viktor. "Issues of tax credit formation for transactions with a contractor which has signs of fiction." Legal Ukraine, no. 9 (October 30, 2020): 41–57. http://dx.doi.org/10.37749/2308-9636-2020-9(213)-5.
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The article reflects the main international legal framework for the formation of a tax credit for transactions with a counterparty, has signs of fictitiousness. State policy in the field of tax relations in the context of globalization and overcoming various challenges, including related to the end of the armed conflict and overcoming the coronavirus epidemic, declares the need for effective regulation of this area of legal relations, including deregulation and business development, creating a favorable environment for conducting both large and medium and small business, the quality and transparency of tax legislation, the certainty of case law. To this end, constitutional and legal reform is being carried out, an important direction of which is the construction of a democratic state governed by the rule of law in Ukraine, the main element of which is a system of efficient and fair justice that meets the best European and international standards. Relevant prerequisites for this are created by the Constitution of Ukraine, which, in particular, recognizes the highest social value, enshrines the possibility of judicial protection of his rights and freedoms, created an appropriate system of such protection, proclaims the rule of law in the state. Ukraine, as well as on tax legislation, in particular in the field of tax credit for transactions with a counterparty that has signs of fictitiousness.The state of the legislative provision of responsibility for the performance of business transactions with signs of fictitiousness in certain EU and other states, including Ukraine, has been investigated. Analyzed the judicial practice of the Supreme Court on the protection of the rights of taxpayers and the interests of the state in this area of tax legal relations. Proposals are given for improving the legislative framework and judicial practice in the field of forming a tax credit for transactions with a counterparty, has signs of fictitiousness. Key words: international law, taxes, judicial control, tax credit, fictitiousness, counterparty, offshore jurisdictions, liability.
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KARVATSKA, Svitlana, and Ivan TORONCHUK. "The Right to Non-Discrimination: Interpretive Practice of the Ecthr." European Journal of Law and Public Administration 7, no. 2 (2021): 24–38. http://dx.doi.org/10.18662/eljpa/7.2/124.
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The article conducts a legal analysis of the case-law of the European Court of Human Rights on the protection of the right to non-discrimination, which is a fundamental and general principle concerning human rights protection. During the period of functioning of the ECtHR, the Court has processed a huge amount of cases concerning violation of the right to equality and the inextricably linked principle of non-discrimination under Art. 14 and Art. 1 of Protocol № 12 of the ECHR. The evolution of the interpretation of the ECtHR shows the transformation of approaches to the interpretation of the right to non-discrimination. The court gradually began to expand the range of possible violations, from outright prohibition to the detection and the statement of indirect discrimination, and its decisions contributed to the normative formulations of the principle of non-discrimination in national systems and its gradual transformation from a purely declarative to a coherent effective mechanism of protection of discrimination victims and a mechanism of the approval of democracy, human dignity. The rule of law forms the central principle of interpretation of the Convention. A consensual investigation allows the ECHR to tie its decisions to the pace of change in national law, recognizing the political sovereignty of the respondent States and, at the same time, legitimizing its own decisions against them, adhering to the principles of a democratic state governed by the rule of law. The purpose of this article is to analyze peculiarities of the ECtHR's interpretive practice in cases concerning the right to non-discrimination.
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Hryshyna, Nataliya. "Principles of integrity and good management in public administration." Law and innovations, no. 1 (29) (March 31, 2020): 75–79. http://dx.doi.org/10.37772/2518-1718-2020-1(29)-12.
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Problem setting. At the present stage of building a democratic, law-governed state in Ukraine, the importance of taking into account the principles of integrity and the European concept of good governance in management practice and lawmaking, which were formed in Western legal opinion on the basis of the fundamental idea of the rule of law, is gaining importance. Analysis of recent researches and publications. Currently, national scientists have taken the first steps in analyzing certain aspects of the principles of integrity and good governance, among which are Averyanov V.B., Grytsyak I.A., Pukhtetskaya A.A. and others. Target of research is to analyze the understanding of the principles of integrity and good governance in public administration and the urgent need for their application in Ukraine. Article’s main body. The principles of law can be treated in different ways: as ideas, the basics, the provisions or the requirements, but the main thing in any definition is that they are fundamental. The integrity of state power is the most important socio-moral requirement and need, and therefore plays a great social significance. The concept of good governance was formed in the European legal doctrine based on and subject to the fundamental principles of the structure of the legal system - democracy and the rule of law. These principles include: openness, participation, responsibility, effectiveness, compliance. The principles of integrity and good governance, considered in the article, are fundamental principles of public administration, failure to fulfill (as requirements) or non-compliance of which can lead to negative processes in public administration. Conclusions and prospects for the development. The fundamental principles of integrity and individual European standards of good governance discussed in this article indicate the need to deepen administrative reform in order to accelerate the process of adaptation of the domestic system of legislation to European principles and standards, which, in turn, would be a significant policy confirmation.
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Kovaliv, Myroslav. "INTERACTION BETWEEN THE POLICE AND CIVIL SOCIETY INSTITUTIONS." Social & Legal Studios 12, no. 2 (2021): 79–85. http://dx.doi.org/10.32518/2617-4162-2021-2-79-85.
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In the context of a systematic method of studying legal phenomena, the interaction of the police and civil society institutions is considered. Areas and methods of interaction between the police and civil society institutions are established in the legislation of Ukraine, the Law «On the National Police» and the Law «On the participation of citizens in the protection of public order and the state border». The police carry out activities only within the specified areas stipulated by the current legislation. Civil society can take part in such activities only to the extent permitted by the law. The possibility of using the potential of civil society institutions in the performance of police duties is reflected in the Law «On the National Police». Areas of police activities are areas of partnership between the police and civil society institutions. Types of interaction between the police and civil society institutions are diverse: the interaction differs depending on the characteristics of the tasks to be solved by the police together with civil society, the content of tasks, scope, nature, duration and initiator of interaction. The main forms of partnership between the police and civil society institutions are direct cooperation; information exchange; public control; preventive measures; charity campaigns. There are several types of public organizations in Ukraine, each of which to some extent protects and defends the rights and freedoms of citizens. The trend of revival of public law enforcement organizations, based on the awareness of the need for common practice of public safety, has become entrenched in the country. The participation of civil society in law enforcement is a condition and requirement for the development of a democratic state governed by the rule of law, as a means of resolving contradictions and conflicts in the field of state law.
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Bizhanova, K. A. "Historical Aspects of the Formation of Public Prosecutor's Supervision in the Sphere of Environmental Protection." Actual Problems of Russian Law, no. 7 (July 1, 2018): 232–42. http://dx.doi.org/10.17803/1994-1471.2018.92.7.232-242.
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Based on the analysis of the history of the formation and development of the activities of the prosecutor's office, as well as regulatory legal acts, the article considers the role and significance of this supervisory authority in the field of environmental protection and ensuring environmental safety in the period 1960-2000. The contribution and influence of the Soviet prosecutor's office in the protection of nature of the whole state is analyzed. The Soviet state, despite the significant measures taken in 1950-1970 in order to improve the environmental situation in the country, was not able to achieve high environmental performance indicators in full due to the inconsistency in solving environmental problems. At the same time, the adoption of the Law on the Public Prosecutor's Office of the USSR in 1979 facilitated the expansion of the competence of prosecutors in supervisory and coordinating activities to ensure law and order, as well as strengthening supervision, including in the environmental field. The author gives examples of the practice of prosecutorial activity of environmental prosecutors. It should be noted that the judicial reform of 1991 in the period of formation of a legal democratic state, the powers of the Prosecutor's Office had to be subjected to a significant transformation. Thus, in par. 6 of sec. 4 of the Concepts of Judicial Reform enshrined the following: "The gradual withering away of the public prosecutor's function cannot affect the state of law in the country, if the transition to the market will provide internal natural incentives for compliance with laws". However, as current practice shows, prosecutors, including specialized ones, are one of the tools to ensure and protect the constitutional rights of citizens to a favorable environment in a state governed by the rule of law.
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Biglino Campos, Paloma. "El Tribunal de Cuentas como garantía del Estado Social, del Estado Democrático y del Estado de Derecho." Teoría y Realidad Constitucional, no. 44 (November 15, 2019): 77. http://dx.doi.org/10.5944/trc.44.2019.25997.
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El Tribunal de Cuentas sigue siendo una institución poco analizada por el Derecho Constitucional español, a pesar de que desempeña una misión esencial para el buen funcionamiento de nuestro Estado Social y Democrático de Derecho. Este artículo analiza, en primer lugar, el papel que desempeña dicho órgano a la hora de garantizar el principio democrático y defiende un contacto más directo con los ciudadanos y una relación más fluida con el Parlamento. El papel del Tribunal de Cuentas con respecto al Estado de Derecho deriva de su actividad de fiscalización y, también, de enjuiciamiento. A pesar de las críticas que esta última ha recibido, resulta imprescindible para completar el ciclo del control. La institución es, también, necesaria para asegurar el Estado Social, sobre todo desde que la introducción del principio de equilibrio presupuestario ha hecho prestar mucha más atención a la eficiencia y economía del gasto público. El artículo trata, finalmente, de algunas reformas propuestas por el Tribunal de Cuentas Europeo y el Tribunal de Cuentas de Portugal tras la revisión por pares que esas instituciones hicieron del Tribunal de Cuentas en 2015. Para llevarlas a cabo sería conveniente reformar las Leyes que regulan al Tribunal de Cuentas y aconsejable una revisión del art. 136 de la Constitución.Although the Court of Auditors is an institution which is vital for our Democratic and Social State governed by the rule of Law, a better comprehension of the body from the Constitutional Law perspective is still required. Firstly, this paper analyses the role of the Court of Auditors as a guarantee of the democratic principle. On this issue, it will be advisable to set up a more direct contact with citizens and a more fluid relationship with Parliament. Secondly, this article studies the fundamental activity of the Court of Auditors as a guarantee of the rule of law principle, not only when the institution performs its audit function, but also its judicial function. In spite of the critiques which the last one has received, it is fundamental for completing the cycle of audit. Thirdly, the paper underlines the relevance of the Court of Auditors as a guarantee of the Social Estate, especially when the principle of budgetary balance imposes more efficiency and economy on public spending. Finally, the reforms proposed by the Tribunal de Contas Portuguese and the European Court of Auditors in their peer review of 2015 are analysed. Many of these suggestions can be implemented by changing the Laws which rule on the Spanish Court of Auditors. However, other proposal may make convenient a reform of Art. 136 of our Constitution.
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M. M., Turchyn. "Social rights and social policy: the relationship and interdependence." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 354–57. http://dx.doi.org/10.33663/2524-017x-2020-11-60.
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In the general system of rights and freedoms of modern man a special place is occupied by social rights, which are designed to provide each person with a fair and dignified life, to create conditions for his proper physical and social existence, social and professional activities and more. Everyone daily realizes or at least seeks to realize at least one social right guaranteed to him by a democratic state governed by the rule of law. These include such important social rights as the right to education, the right to work, the right to health care, the right to rest, the right to housing, the right to a decent and timely wage, and so on. Only a state with a high level of economic development can be social, and the social orientation of the state must be taken into account in the structure of the economy. According to some scholars, the moment of the real emergence of welfare states should be attributed to the sixties of the twentieth century. When identifying as a priority function of socio-economic development the direction of ensuring the country's competitiveness in the world market, which today is almost the main principle of economic development of any state, we can not simultaneously neglect the function of social integration and consolidation of society, according to a number of studies, significantly increases the vulnerability of the population to the challenges of social risks, especially in a modern pandemic. Key words: law, social rights, social policy, human rights, legislation.
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Demina, Elizaveta Petrovna, and Nikita Vladimirovich Babich. "Interaction of the human-rights ombudsman in the Russian Federation with human rights law enforcement (on the example of the prosecutor’s office and the investigative committee)." SHS Web of Conferences 118 (2021): 03023. http://dx.doi.org/10.1051/shsconf/202111803023.
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The purpose of the study is to analyze some systemic problems in the organization and activities of the institution of the Human-Rights Ombudsman in Russia, bodies of the Prosecutor’s Office, the Investigative Committee of Russia, as well as the conditions of interaction between the Human-Rights Ombudsman and law enforcement and human rights bodies. The methodological basis of the study was the use of system-structural and dialectical methods of scientific knowledge. For a more detailed study of the problems, the methods of analysis, synthesis, and generalization were applied. For the study of normative legal regulations, special methods of document analysis in the field of knowledge under study were applied. The result of the study was the conclusion that the protection of human and civil rights and freedoms is an integral part of a developed democratic state governed by the rule of law. The authors believe that in order to improve the quality of protection of human and civil rights and freedoms it is necessary, first, to reform a large number of elements of the state system. Particular attention in all this must be paid, first and foremost, to the organization, activities, and legal status of the institution of the Human-Rights Ombudsman in Russia, as well as the bodies of the Russian Prosecutor’s Office and the Russian Investigative Committee. The second stage should be the creation of optimal conditions for interaction between the Russian Human-Rights Ombudsman and the Russian Prosecutor’s Office, the Russian Investigative Committee, and other law enforcement agencies in order to protect human and civil rights and freedoms. The novelty of the study is in the author’s approach to the consideration of these problems, as well as in the development of appropriate proposals to address them.
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Bogatyrev, Roman, Nadezhda Kapustina, Maya Nachkebiya, and Tatiana Perutskaya. "Dialogue between the individual and the state in contemporary Russian society." SHS Web of Conferences 72 (2019): 02011. http://dx.doi.org/10.1051/shsconf/20197202011.
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This article discusses the important aspects of the dialogue between the individual and the state in modern times. The importance of interaction between the government and the society in the modern world is one of the most urgent tasks for young researchers and for the society as a whole. Emphasizing the importance of strengthening and developing a democratic state governed by the rule of law, researchers identify a wide range of factors that have a direct impact on the positive and effective development of interaction between the government and the society. One such factor is the model of individual-state dialogue. The study of such a dialogue from an anthropological point of view will make it possible to highlight the most successful models of interaction between the society authorities to create effective management mechanisms that affect both the quality of citizens’ life and the development of the state as a whole in a positive way. For a more detailed study of the models of building a dialogue between the individual and the state, it is necessary to consider the existing examples of interaction and analyze the historical aspects of the relationship between the society and the state. The modern practice of state and municipal governing strives to make the government more transparent and open to citizens, such a policy contributes to the maximum involvement of citizens in the public and political life of the state. The article also deals with the issues of involving citizens in the social and political life of the society; it discusses the motivational measures and the policy of the state in the field of engaging citizens in interaction and establishment of a meaningful, effective dialogue between the society and the state.
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Vujačić, Ivan, and Jelica Petrović-Vujačić. "Incomplete Transition – Is there a “Mid-Transition Trap”?" Zagreb International Review of Economics and Business 23, s1 (2020): 57–71. http://dx.doi.org/10.2478/zireb-2020-0023.
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Abstract The subject of this paper is the analysis of the classification of economic systems. The traditional classifications of capitalist, socialist centrally planned, and socialist market systems, and the newer classification of variants of capitalism into the Anglo-Saxon, European continental, and Asian models, are inadequate to explain new phenomena in a globalized economy. After the collapse of central planning, countries in transition became a category describing processes of deep socio-economic transformation. These transition countries aspired to meet the standards of developed European market economies, as well as governance standards regarding democracy, human rights, and the rule of law. A new classification of economic systems by Balcerowicz (2014) combines the traditional classification of economic systems with the characteristics of well-governed democratic societies in order to come up with a matrix that shows the interaction of economic system characteristics and governance outcomes.This paper builds on Balcerowicz’s classification by introducing and delineating the categories of state capitalism, crony capitalism, and state capture in order to provide a new classification of economic systems. It uses these concepts to empirically analyze the transition countries, with special reference to states aspiring to EU membership and the new EU member states. The methodology used is analytical and empirical. The results find that the transition is incomplete, especially in terms of governance, leading to the hypothesis of a ‘mid-transition trap’, similar to the much discussed ‘middle-income trap’. The results should lead to further, more refined research.
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IVANOVSKA, Alla, Olena HALUS, and Iryna RYZHUK. "The right to information about the activities of public authorities: certain theoretical and legal aspects." Economics. Finances. Law, no. 8 (August 27, 2021): 9–14. http://dx.doi.org/10.37634/efp.2021.8.2.
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It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.
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Canivez, Patrice. "Education et contre-éducation dans les démocraties constitutionnelles." Eco-ethica 9 (2020): 79–98. http://dx.doi.org/10.5840/ecoethica202131533.
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This contribution presents the idea that the functioning of modern democracy implies a reciprocal education of the governed and those who govern, of public opinion and the political class, within the framework of the rule of law. Such reciprocal interaction is a prerequisite for the development of a collective intelligence (phronesis) that make the achievement of sound political decisions possible. However, the democratic process develops in such a way that it also generates counter-educational effects. This is due to the fact that the same process includes a contest for power that arouses antisocial feelings and achieves a kind of counter-education. One of the reasons for this ambivalence lies in the way in which political parties operate: they are both laboratories for the development and implementation of collective projects and instruments for the conquest and exercise of power. A similar ambivalence characterizes the role of states at the level of international relations concerning the handling of global problems. What is at stake is the possibility of dealing in a sensible way with problems that, at both the national and international levels, can only be solved through concerted and cooperative action.
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Sepiashvili, Ekaterina Nikolaevna, Tatyana Vyacheslavna Maltseva, Ekaterina Anatolyevna Sumina, Natalya Nikolaevna Bashlueva, and Mariya Andreevna Bashlueva. "Personal and professional development of the individual in the civil service of the Russian Federation." SHS Web of Conferences 108 (2021): 05010. http://dx.doi.org/10.1051/shsconf/202110805010.
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The presence of professional highly qualified personnel in the civil service, together with modern information technologies, is possible thanks to the existence of a democratic state governed by the rule of law. The professional activity of civil servants acts as a subsystem within the civil service system. The study of the peculiarities of personal and professional development of the individual in the civil service will contribute to the disclosure of the psychological mechanisms of this process, the resolution of a number of pressing questions about the methods and possibilities of optimizing professional and personal development, which in turn will contribute to improving labour efficiency. To study the features of personal and professional development of the individual in the Russian Federation Civil Service. Survey among civil servants and comparative analysis of the results obtained in all study groups; statistical processing of the results. 120 respondents took part in the study: federal-state civil servants (40 people) and civil servants of other types (80 people). The main problems and features of personal and professional development of the individual in the civil service of the Russian Federation are identified and the main directions of optimization of the studied process are determined. The process of personal and professional development of civil servants, as will be shown in this study, is an overall result of the professional education and additional professional education, including retraining, advanced training, and internships. The main directions of optimization of the studied process are the following: improving scientific, methodological, and organizational support; increasing the motivation for professional activity and career advancement; improving the efficiency of additional professional education; developing a program for personal and professional self-development; introducing additional forms and technologies for improving professional skills of state civil servants.
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STOLIARCHUK, Lesia. "CONTENT COMPONENT OF PROFESSIONAL TRAINING OF BACHELORS IN LAW AT CANADIAN UNIVERSITIES." Cherkasy University Bulletin: Pedagogical Sciences, no. 4 (2020): 24–30. http://dx.doi.org/10.31651/2524-2660-2020-4-24-30.
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Introduction. Professional training in the field of law is a key area of higher education since the effective functioning of all spheres of public life depends on the development of legal education in the context of forming a democratic state governed by the rule of law. Canada is known for leading higher education institutions offering instructional programs in law that ensure the consistently high quality of legal training. The purpose of the article is to outline the varie- ty of instructional programs and to analyze the peculiarities of the content component in the profes- sional training of bachelors in law at the universi- ties of Canada. The methods of quantitative and qualitative analysis and synthesis of materials and develop- ments of domestic and foreign scientists, docu- ments, instructional programs and curricula of cer- tain disciplines; induction, deduction and generali- zation to identify the features of instructional pro- grams in law at Canadian universities; systemati- zation and classification in order to draw conclu- sions on the content component of the professional training of future legal specialists in Canada. Results. On the basis of the conducted research it can be concluded that the content component of the professional training of bachelors in law en- compasses the acquisition of general professional and special legal knowledge and practical skills to be acquired by undergraduates on successful com- pletion of instructional programs of training bache- lors in law, thus, providing them with personal and professional competencies and readiness for practi- cal activity according to the chosen specialty. The scientific originality of the results obtained is determined by the fact that for the first time the content peculiarities of the professional training of bachelors in the field of law at the universities of Canada have been identified, including variabilityand flexibility of instructional programs, focus on experiential learning, autonomy of universities in drafting instructional programs and curricula, di- versification and interdisciplinary nature of in- structional programmes, result-oriented training. Conclusion. The results of the study can be used to introduce Canadian experience in the uni- versity education of Ukraine, namely, in the process of professional training of bachelors in specialty 081 “Law”.
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Nasruddin, Nasruddin, Galang Asmara, and RR Cahyowati. "Authority of General Election Commission for the Electoral Constitutional Rights." International Journal of Multicultural and Multireligious Understanding 6, no. 6 (2019): 97. http://dx.doi.org/10.18415/ijmmu.v6i6.1197.
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Indonesia is a country that adopts a democratic system that puts sovereignty in the hands of the people. As a manifestation of people's sovereignty, there is a direct election process, in which the people can determine their choices in electing the House of Representatives, the Regional Representative Council, the Regional People's Representative Council, the President and Vice President, the Governor and Deputy Governor, the Regent and Deputy Regent, as well as the Mayor and Deputy Mayor. The purpose of the study was to analyze the discretionary authority of the National Election Commission as a state institution. Research methods, this type of research is normative research, using a statutory approach, and conceptual. Sources of legal materials use primary, secondary and tertiary legal materials. After the legal materials are collected and identified, the analysis of legal materials is carried out using analytical prescrisive methods, namely studying the purpose of the law, the values of justice, the validity of the rule of law, legal concepts, and legal norms. In conclusion, the General Election Commission is a supporting state institution or an auxiliary institution or an independent institution that is of a national, permanent and independent nature which holds elections in Indonesia. The General Election Commission in safeguarding the constitutional rights of voters has the authority to make discretionary decisions on issues if the laws and regulations do not regulate, are incomplete or unclear so that it causes stagnation at some stages, especially in the preparation and determination of the Voter List in the Data Upgrading Stages.
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Hasani, Abdolhossin. "Ways to Defend Citizenship Rights in Civil Law of the Islamic Republic of Iran and Republic of Tajikistan." Journal of Politics and Law 10, no. 1 (2016): 234. http://dx.doi.org/10.5539/jpl.v10n1p234.
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Given enforceable rules and regulations that govern the relations of individuals in society, two kinds of rights can be derived: private and public. When we speak about the citizen and his/her rights, we mean a set of private and public law that governs social relationships. In fact, expression of citizenship rights means that every person enjoys as being a citizen of a country. The importance of the citizenship rights is to the extent that is closely related to place the rule of finds and even some experts believe that a society in which the rights of citizens and the relationship between people and government falters cannot be established. Guarantee of the fundamental rights of citizens, primarily implies by inserting these rights in the constitution of every country act. In other words, it takes an effective step in the process of constitution rule of law, freedom and enjoyment of facilities and take citizenship. But we must consider the fact that the protection and safeguarding of the rights of individual citizens is on the shoulders of all powers and government agencies that have the necessary measures to protect the rights of citizens. Besides, their executive units operate in all administrative formalities the rights of citizens and legal and in the case of not conforming citizens' rights are not overwhelm the device government should have a competent judicial authorities that the rights of individuals against the government defend the principles of a fair trial. So the fundamental rights of citizens included in the constitution and other laws, required to comply with these rights by the state, there is a competent judicial body that complaints about violation of their people by governmental agencies and monitor governmental bodies are responsible in this regard. All of them are standards implementation and guarantee of the rights of citizenship in a democratic society. Comparative analysis of compliance standards in the legal system of Iran and Tajikistan is a major point of discussion at the end, to recognizing the strengths and weaknesses of both countries and richer the implementation and monitoring of the implementation of the rights to use the experiences of the countries.
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Kaburkin, Aleksandr A. "COURTS OF THE KHANTY-MANSI AUTONOMOUS OKRUG IN THE FIRST YEAR OF THE POST-WAR FIVE-YEAR PLAN." Historical Search 2, no. 2 (2021): 13–20. http://dx.doi.org/10.47026/2712-9454-2021-2-2-13-20.
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The judicial system and the judicial authority in any state and in any society perform very important socially significant functions. That is why the issues of evolvement, formation, as well as the legal regulation of the court system, improving the legislative framework of the judicial system’s activity are a serious link in the construction of a democratic state governed by the rule of law. A comprehensive and complete study of construction and transformation of the Soviet judicial system in this context is extremely relevant and is of paramount importance both for the Russian society and for the Russian state, since it was the Soviet judicial system that was the basis for constructing the current Russian judicial system. In this aspect, the post-war stage in the formation of the judicial system in the USSR is of particular interest, its study requires a particularly careful attention and detailed analysis, including due to its originality and uniqueness in the context of world history. The article considers the features of the formation and activity of the judicial bodies in the Khanty-Mansi National District, as well as the problems faced by the district courts after the end of the Great Patriotic War in the first year of the post-war five-year plan of 1946–1950, aimed at restoring the national economy. The article shows the specifics and uniqueness of the district judicial system functioning, reflects the main directions to which the district courts directed their efforts, describes the main problems that the courts faced in their work. The article presents statistical data on key positions that characterize both criminal judicial and punitive policy and civil law proceedings. Problems and shortcomings in the activity of the Soviet judicial system in the territory of the district are reflected. It is noted that the courts made a significant contribution to the national economy restoration and the establishment of peaceful life in the region. Despite the existence of certain problems in the activities of the district courts, despite the difficulties in their work, including due to the geographical features of the district, the judicial authorities ensured the fulfillment of their extremely important tasks in the field of both administration of justice and ensuring punitive policies and, consequently, following the party’s policies. At this, despite the increase in crime in the first post-war year, the growth of criminal cases, the district courts improved the quality of proceedings conduct.
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Kolosov, A. V. "International Protection of Rights in the Information Relations Field (on the Example of the Practice of the European Court of Human Rights)." Siberian Law Herald 1 (2021): 100–105. http://dx.doi.org/10.26516/2071-8136.2021.1.100.
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The features of international protection of rights in the information relations field are investigated. Modern information technologies form new types of public relations, the object of which is information. Information has an impact on all spheres of human activity and generates information relations that are in constant dynamics and development, as new information technologies appear, new types and methods of information transmission and protection are created. The article analyzes the international legal basis of information relations. Special attention is paid to the analysis of the practice of the European Court of Human Rights. The norms of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, devoted to freedom of expression, are considered. It was found that sometimes it is extremely difficult to determine the degree of potential threat to human rights and freedoms, and often this is the cause of judicial errors on the part of national courts and become a reason for applying to the European Court of Human Rights. Special attention is paid to the consideration of judicial practice concerning relations arising on the Internet, the activities of online mass media (online newspapers, information portals, etc.), as well as a completely new case of cyberstalking. The practice of the European Court of Human Rights shows that free media space and the right to information are the foundation of any democratic society. Maintaining a balance between public and private interests, a person's right to respect for their private life and the right to express their opinion is extremely important in a modern state governed by the rule of law
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Okechukwu, Nneka A. "Self-Determination and Democracy in Post-Conflict Africa: Moving from Procedure to Substance." Max Planck Yearbook of United Nations Law Online 21, no. 1 (2018): 299–330. http://dx.doi.org/10.1163/13894633_021001010.
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This article reviews the application of the principle of self-determination to postconflict rule of law developments in Africa. Popular conceptions of the principle or right of self-determination often associate it with so-called ‘self-determination’ or ‘sovereignty-based’ conflicts, that is, those fought with the aim of separation or secession. This link with secession has experienced a recent resurgence with the Russian invasion and annexation of Crimea, and the arguments put forward by the Kremlin in defence of its actions. However, focus on the relationship between secession and selfdetermination tends to overshadow other understandings and approaches. This article focuses upon a too often neglected aspect of self-determination – the application of internal self-determination, with a focus on African post-conflict States. The specific concern here is the ways and means by which self-determination governs the relationship between the ‘people’ of a State in entirety and the State itself, especially during periods of political transition. The principle of internal self-determination is argued here to consist of three critical facets: representation, accountability and responsiveness. These facets in turn require a move away from liberal-democratic approaches, which equate (internal) self-determination with ‘democracy’ expressed via elections, and a focus instead on the ways and means by which effective participation of an entire population might be advanced.
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CHATTERJEE, PARTHA. "THE CURIOUS CAREER OF LIBERALISM IN INDIA." Modern Intellectual History 8, no. 3 (2011): 687–96. http://dx.doi.org/10.1017/s1479244311000412.
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There is a long-standing myth that the history of modern India was foretold at the beginning of the nineteenth century by British liberals who predicted that the enlightened despotic rule of India's new conquerors would, by its beneficial effects, improve the native character and institutions sufficiently to prepare the people of that country one day to govern themselves. Lord William Bentinck, a disciple of Jeremy Bentham, while presenting as governor-general his case for the opening up of India to European settlers, speculated on the possibility of “a vast change to have occurred in the frame of society . . . which would imply that the time had arrived when it would be wise for England to leave India to govern itself”, but added that such change “can scarcely be looked for in centuries to come”. The doctrinal basis within liberal theory for justifying a democratic country like Britain exercising despotic power in colonies such as Ireland and India was securely laid out by mid-century liberals such as John Stuart Mill. The project of “improvement” was revived at the end of the nineteenth century by Gladstonian liberals who inducted elite Indians into new representative institutions based on a very narrow franchise in preparation for some form of self-government. When power was ultimately transferred to the rulers of a partitioned subcontinent in 1947, the history of liberal progress in India was complete. The storyline was laid out, for instance, in Thompson and Garratt's Rise and Fulfilment of British Rule in India or in Percival Spear's revised edition of the hugely successful textbook by Vincent Smith. Even nationalist Indian scholars adopted at least a part of this story, nowhere more so than in the histories of constitutional law which traced the foundations of the postcolonial Indian republic to the progressive expansion of liberal state institutions under British rule.
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Patlachuk, Vasyl. "Comparative analysis of quantitative indicators of Polish Constitutions." Legal Ukraine, no. 10 (November 27, 2020): 34–41. http://dx.doi.org/10.37749/2308-9636-2020-10(214)-6.
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The process of development of Polish constitutionalism is considered in the work. The first legal act, which had the features of the Constitution were the Articles of King Henry of Valois. The reason for preparing this document was the need to conclude an agreement between the heir to the French throne and the Polish nobility, who wanted to preserve their rights and freedoms. The content of this document was influenced by the Great Charter of Freedoms «Magna Garta» of 1215, which reflected the mechanism of limiting state power through the establishment of material and procedural requirements for its implementation. In order to conduct a comparative analysis of the Constitutions adopted in Poland, the method of quantitative indicators proposed by O. L. Kopylenko and B. V. Kindyuk was used, which calculated the number of signs in different articles, chapters, sections, parts of regulations. According to this methodology, the Articles focused on the work of the Seimas – 17%, military issues – 6.7%, the judiciary – 5.6%. In jurisprudence, it is common to distinguish four main stages of the formation of constitutionalism: I generation – the end of the XVIII century. — the beginning of the XIX century; II generation — the period after the First World War; III generation — the stage after the end of the Second World War; Generation IV – the time after the collapse of the USSR. Based on this classification, the Polish Constitutions belong to the first generation: the Constitution of May 3, 1791; Constitution of the Duchy of Warsaw of 1807; Constitution of the Kingdom of Poland in 1815. The Constitutions of the first generation include: the Constitution of May 3, 1791; Constitution of 1807; Constitution of the Kingdom of Poland in 1815. The constitutions of the second generation were adopted in the period after the end of the First World War, they reflected the processes of democratization of social and democratic life of countries and enshrined a significant amount of socio-economic human rights. Based on this classification, this group includes: the Constitution of the Polish People’s Republic of 1919; Constitution of the Republic of Poland of 1921; Constitution of the Republic of Poland of 1935. The constitutions of the third generation were adopted in the period after the end of the Second World War, and their content reflected the doctrine of the liberal model. Formally, this group included the Constitution of the Polish People’s Republic of 1952, but it was adopted during the Soviet occupation and introduced the Stalinist model of constitutional relations in the country. Generations of the IV generation were adopted after the collapse of the Soviet empire and reflected a new stage of state formation. In Poland, such a constitutional act was the 1997 Constitution of the Republic of Poland, which was to ensure the transition from a socialist model to a market democratic state governed by the rule of law, the stabilization of national statehood and the proclamation of accession to the European Union. The next stage of the study is a comparative analysis of the quantitative indicators of the Polish Constitutions, which showed that the total number of signs during this historical period varied from the minimum in the Articles of Heinrich Valois — 14 640 zn. to the maximum — 89 524 zn. in the Constitution of the Republic of Poland in 1997. An important indicator of the structure of constitutional acts is the number of articles (articles), which varied in a fairly wide range from 12 in the Constitution of 1791 to 243 in the Constitution of the Republic of Poland in 1997. Key words: Polish constitutionalism, quantitative indicators, comparative analysis, Articles by Heinrich Valois, total number of characters.
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Suniehin, S. O. "Anthropocentrism as a paradigm of legal science: historical origins and modern context." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 237–51. http://dx.doi.org/10.33663/2524-017x-2021-12-41.
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The article is devoted to the study of the historical origins of anthropocentrism as a basic paradigm of developmentof modern jurisprudence and the peculiarities of its transformation in today’s conditions. It is noted that with the beginning of the Renaissance anthropocentrism finally began to take shape in a fundamental system of ideas and principles of philosophical and ideological significance, which laid radical changes in European public consciousness associated with the formation of an autonomous worldview, which is completely self-sufficient, free and does not depend on any supernatural influences. In the future, these ideas were significantly developed during the Reformation and the Enlightenment, which became a natural consequence of the establishment of the principle of individualism in social life. It is on the basis of methodological ideas of the Enlightenment was finally formed liberal ideology with an appropriate system of its main trends in various sectors and areas of public life. Emphasis is placed on the fact that during a long historical period, liberal ideology has passed a complex and contradictory path of its development, as a result of which it has acquired the qualities of global scale and the basic basis of building a modern democratic state governed by the rule of law. The peculiarity of the current stage of development of liberalism is the gradual radicalization of the content of its main provisions, which is associated with rapid scientific and technological progress and the functioning of a new information and technological reality, within which each individual receives almost unlimited opportunities to create and disseminate an ideas and concepts of their virtual existence, including any identities. As a result of research the following conclusions are made: 1. Centuries of social practice of free development of individuals in our time has led to a special type of civilization, the main feature of which is that it develops in opposition to the traditional type of culture, which increasingly takes aggressive forms of expression at the macro and micro levels. In this context, we are talking about the fact that modern radical liberalism (libertarianism) rejects the objective and true essence of the surrounding phenomena and processes, thus turning any object of scientific or other way of knowing the diverse reality into a subjective opinion about it. 2. Modern liberal ideology and postmodernist discourse significantly complicates the main task of legal science –the development and systematization of objective knowledge about state and legal phenomena, the laws of their functioning and development. The latter, in turn, is due to the fact that the unlimited freedom to choose the original axiomatic principles of scientific activity, the basic semantic contexts and values of its implementation, leads to many answers to the challenges posed by legal science. In this way, the only scientific truth based on the so-called «dogmatic» or «sacred» component of a certain culture, which constitutes the whole process of further proving the correctness or falsity of a certain idea, concept or theory with the corresponding rationale, is denied. Keywords: anthropocentrism, legal science, humanism, law, liberalism, rationalism, postmodern, Internet, virtual reality.
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Sharanova, Yuliia. "Developing students’ social values within the US higher education institutions." Scientific bulletin of South Ukrainian National Pedagogical University named after K. D. Ushynsky 2020, no. 4 (133) (2020): 79–84. http://dx.doi.org/10.24195/2617-6688-2020-4-10.
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The experience of the United States, where in higher education students are trained for conscious social activities and independent responsibility for the benefit of the community and society as a whole, seems to be significant for the theory and practice of higher education in Ukraine. The appeal to the American educational experience is due to the fact that today the United States as a state governed by the rule of law is a reliable guarantor of individual rights and freedoms, provided by strong traditions of civic education – the key to educating students' social values. At the same time, the interest in higher education in the United States is due to its high prestige within the world educational environment, its well-known democratic orientation and constant content and methodological improvement. In the United States, training graduates in adapting to their social life as responsible citizens-members of certain communities and professionals in society has historically been a duty of higher education. The purpose of the article is to highlight the features of the educational process in the course of general education in the framework of undergraduate studies within the US higher education, institutions, which contribute to the development of students’ social values. It is noted that the pedagogical experience of the United States, where students are being trained in conscious social activities and independent responsible activities for the benefit of society in higher education institutions, is useful for the theory and practice of higher education in Ukraine. The methodology of the research is based on the analysis of scholarly and pedagogical sources of the USA and Ukraine on the problem under study with the elements of induction and deduction to characterise the state of its development in the USA; the summarising of the organisation of various types of training in the US higher education institutions, which provide for the formation of students’ social values. The originality of the research lies in the fact that for the first time in the Ukrainian pedagogical science, the views of American scholars on the types of training, as well as the civic engagement of students in the U.S. higher education institutions which contribute to the development of their social values have been summarised. It has been found out that today, in higher education in the United States, students’ engagement into social activities during their general education ensures their readiness for a meaningful and responsible life in an interdependent world characterised by uncertainty and rapid changes. By teaching leadership and community service through dialogue and collaboration, the U.S. colleges and universities contribute to the development of students’ social values, social and intellectual development of students who, moving from a comfort zone to a contact zone, are able to interact effectively within a variety of situations.
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Łętowska, Ewa. "Convulsions in the Rule of Law." osteuropa recht 64, no. 4 (2018): 607–23. http://dx.doi.org/10.5771/0030-6444-2018-4-607.
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This contribution discusses the reasons for the ongoing deconstruction of the judiciary in Poland by a parliamentary majority - elected by a minority - changing the entire system. How could that have happened in a nation governed by the rule of law that met all the requirements of the rule of law when joining the European Union? The article analyses the transformation processes in Poland, discussing the specific difficulties caused by more recent as well as the country’s distant history, with a broad analysis of the numerous fateful factors and events that are crucial for an in-depth understanding of the ongoing convulsions in the rule of law in Poland, which eventually caused a breakdown of the democratic order in Poland.
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Ryabchenko, Volodymyr. "Protectionism of incompetence as a factor in blocking the improvement of the quality for domestic higher education." International Scientific Journal of Universities and Leadership, no. 1(9) (August 7, 2020): 149–89. http://dx.doi.org/10.31874/2520-6702-2020-9-1-149-189.
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The article highlights the problem of Ukraine's competitiveness as a derivative of low-quality higher education, which represents a wide range of students and graduates of domestic higher education institutions. It is noted that without the solution of the actualized problem, the successful civilized development of Ukraine is impossible. It is proposed to assess the quality of higher education in the context of global, regional and social challenges to be overcome by Ukraine based on sustainable development provided by the competitive human capital. The paradoxical tendency is emphasized: the quality of domestic higher education is declining against the background of institutional reform of higher education, carried out with a focus on best practices, and standards of Western European universities following the Bologna Process. It has been proved that it is impossible to raise the quality of domestic higher education to the level of world requirements through the internal reforms alone without a proper change in the Ukrainian social context, such as Western European countries. The basic features of the societies of the Western countries are determined, using which they radically differ from Ukraine and thanks to which their quality of higher education meets modern world requirements and makes them leaders of the world community. The indicators testifying to the low competitiveness of Ukraine and its lag in the development of civilization are given. It is substantiated that the determining reason for Ukraine's lag in the world race is the neglect of human capital as a basic factor in ensuring the competitiveness of the state. It is pointed out that this is caused by the destructive action of the mechanism of negative social selection, one of the manifestations of which is the protectionism of incompetence, which is systematically cultivated in modern Ukrainian society and does not encourage the general public to acquire competitive competence in civilized labour markets. The protectionism of incompetence is interpreted not only as facilitating the employment of less competent persons in comparison with other applicants for a certain position but also as unjustified removal from positions of persons who correspond to the position and retaining incapable students. Alternatively, they do not seek to obtain quality higher education, as well as tolerance for all kinds of academic dishonesty, falsification of learning outcomes. The causal chain is defined, the conceptual essence of which is that the mechanism of negative social selection in Ukraine is caused by the lack of a civilized competitive environment, the formation of which is blocked by the monopolization of political and economic spheres of social activity. This situation in its turn was caused by the hybrid regime of oligarchic power and the absence of a real democratic state governed by the rule of law in in Ukraine. The comparative analysis of economic growth in Poland and Ukraine confirmed significantly higher productivity of the pluralistic economy, produced by numerous medium and small businesses, than the monopolized economy of several oligarchs, which paralyzed Ukraine's socio-economic development and doomed it to backwardness and stagnation. The mechanism of rapid stratification of Ukrainian society, which created social inequality and contributed to the capture of its state by oligarchic-clan groups for its use for private purposes against the interests of the people, is highlighted. It is pointed out that oligarchs-controlled regimes of power by the iron law of oligarchy, defined by R. Michels, are not subject to improvement, but only lead society to decline and degradation. It is explained that after the oligarchs took control of the state as a public institution of power, Ukraine fell into a vicious circle formed by extractive political and economic institutions. In contrast, inclusive institutions form a virtuous circle that contributes to the successful civilized development and prosperity of the nation. It is possible to break the vicious circle and include mechanisms of healthy social selection, which would block the protectionism of incompetence in its territory and promote the vigorous development of competitive human capital and raise the quality of domestic higher education to the level of world requirements in Ukraine. To fulfil that, it is necessary: to close the lack of effective systemic control by the people, in particular civil society, over the current activities of government entities at all its hierarchical levels and mechanisms for their inevitable prosecution for incompetent use of power and its abuse. For this, in Ukrainian society, it is necessary to separate business from politics, to demonopolize the political and economic spheres of activity, to form a civilized competitive environment, to create the most favourable conditions for the accelerated development of medium and small business. World experience eloquently demonstrates that all this becomes achievable in a democracy and the rule of law. Only under such conditions will a competitive competence be demanded in Ukrainian society, for the provision of which Ukrainian universities will be forced to compete and thus develop to the level of world requirements.
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Hall, Robert W. "Platonic Rule: Fiat or Law." Polis: The Journal for Ancient Greek Political Thought 18, no. 1-2 (2001): 107–16. http://dx.doi.org/10.1163/20512996-90000034.
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A recent study contends that for Plato, the state, including the ideal state of the Republic, is better governed by unfettered personal authority than by law. The present study maintains that even in the Republic and the Statesman, as well as in the Laws, it is law, not unfettered personal rule that underlies the state. Justification for such authoritarian rule, especially in the ideal state of the Republic, lies in the supposed inability of the ordinary individual to acquire moral autonomy or Platonic justice owing to a lack of the necessary knowledge. But it is shown in this study that the ordinary individual of the ideal state can acquire an educated right opinion sufficient for gaining moral autonomy or Platonic justice.
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Halmai, Gábor. "Establishing a state governed by the rule of law in Hungary." Review of Central and East European Law 22, no. 4 (1996): 347–64. http://dx.doi.org/10.1007/bf02731882.
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Chepurchenko, T. O. "Human rights in a democratic society." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 270–76. http://dx.doi.org/10.33663/2524-017x-2021-12-45.
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The basic law of our state, which has constitutionally declared itself to be legal and democratic, contains a provision according to which a person is recognized as the highest social value. In view of this, the article characterizes the understanding and content of human rights in a democratic development. It is noted that democratic values are based on human rights and freedoms, which are an integral part of law and legislation. The law must be legal. It is not so if it contradicts fundamental human rights: it does not reflect natural and legal principles; does not comply with generally accepted international legal principles and norms on human and civil rights, etc.These aspects characterize the content of human rights in a democracy. It is emphasized that democracy is first of all a system of carefully prepared and strictly observed laws that regulate all spheres of life of the state, guarantee the rights and responsibilities of citizens. Therefore, the development and strengthening of a democratic, social, legal state is impossible without the establishment of human rights and freedoms. The existence of human rights and freedoms and their guarantee are a kind of external method of limiting power, which always seeks to self-expand and strengthen its presence in all spheres of human life. Under the normal interaction of power and law, which is quite natural in a democratic society and state system, thereis their mutual enrichment. It is then that the provisions and formulas on the «rule of law», «rule of law», «rule of law» acquire real significance. A political regime will be democratic only if it represents the interests of the general population. The political elite must rule in the interests of the majority of society, not for the benefit of the privileged minority. Democracy is based on the value of every human being, so it strives to create civilized living conditions for all citizens. In conclusion, the thesis is emphasized that human rights are a universal category that originates from the very nature of man and his ability to enjoy the basic, most important benefits and conditions of safe, free existence of the individual in society. Keywords: power, democracy, democratic values, law, rule of law, human rights and freedoms.
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Grahovac, Momir. "The concept and social significance of democratic state and rule of law." Skola biznisa, no. 3 (2012): 38–42. http://dx.doi.org/10.5937/skolbiz1203038g.
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Schotel, Bas. "Administrative Law as a Dual State. Authoritarian Elements of Administrative Law." Hague Journal on the Rule of Law 13, no. 1 (2021): 195–222. http://dx.doi.org/10.1007/s40803-021-00156-4.
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AbstractScholars have recently shown how in Europe regimes in democratic decay (e.g. Poland, Hungary) take all sorts of measures targeting and marginalizing political opponents. Although they are authoritarian by nature, the measures are cast in a legal form. According to some scholars this kind of authoritarian rule of law can be best understood as a dual state, namely a combination of the normative state (the rule of law) and the prerogative state (the pure—political or arbitrary—will of those in power). Building on these insights, the present paper makes two new observations. First, administrative law is distinctively well suited to cater for the creation of a dual state. By distinctively I mean better than civil and criminal law. In fact, I argue that administrative law constitutes a dual state in and of itself combining normative and prerogative state elements within a single area of law, in ways that cannot be done under civil and criminal law. Second, not only regimes in democratic decay but also liberal democracies make use of the dual state nature of administrative law. The paper illustrates this point with two techniques whereby liberal democracies use administrative law to circumvent or pervert the normal operation of criminal law, namely crimmigration and the alien detention of citizens. My underlying normative point is to draw attention to the inherent authoritarian potential of administrative law.
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Berent, Moshe. "Collective Rights and the Ancient Community." Canadian Journal of Law & Jurisprudence 4, no. 2 (1991): 387–99. http://dx.doi.org/10.1017/s0841820900003003.
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The principle of national self-determination asserts the collective right of the nation for self-government. This principle is now a corner-stone of modem political thought. The idea of “home rule” or the ideal of a self-governed political community is a very old one which originated in classical Greece. Yet the modern idea of the free self-governed community differs in some important aspects from the old one.National sovereignty, or the community’s collective right of “home rule”, means today the right of the political community to its own State. The State, at least the modern liberal democratic Nation-State, is conceived as an instrument by which sovereignty is constituted and national interests are promoted. In this way antiquity poses an interesting problem, since the State is a product of the modern era and was hardly known in the ancient world. The absence of State was not accidental to the ancient community; it was accompanied by an adequate system of ideas concerning the nature of the political community.
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Subechi, Imam. "Mewujudkan Negara Hukum Indonesia." Jurnal Hukum dan Peradilan 1, no. 3 (2012): 339. http://dx.doi.org/10.25216/jhp.1.3.2012.339-358.
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This Article entitled " the State law of Indonesian" is the result of a study on the conception of characteristic of law states of Indonesian that distinguish the conception of the state laws in other countries. Based on the research results, can be explained even get the effect of various thoughts, but conception of law state of Indonesian different with conception the rule of law and rechtsstaat. This can be search from basic of philosophy, the nature of sovereignty, the powers of state organs, and human rights. There are six main elements of Indonesian law states, namely: 1) Pancasila; 2) supremacy of law;; 3) democratic 4) restrictions and dispersal of state power; 4) independent judiciary; 6) protection of human rights. the statement of Indonesia as a democratic rule of law based on Pancasila then should all forms of civic and social action must be based on the law.Keywords: Pancasila, State of law (the rule of law, rechtsstaat), Democracy, Human Rights