SHAPING THE SYSTEM OF JUDICIAL CONTROL OF DISCIPLINARY DECISIONS IN SERVICE RELATIONSHIPS

Initially, disciplinary liability was not subject to judicial control. The shaping of the judicial control of disciplinary decisions was a long-standing process which was finally established with the entry into force of the constitutional principle right of access to court. A systemic analysis of the provisions in question indicates that the system and functioning of this institution are not based on clear and rational assumptions that meet the postulated criteria of a satisfactory (decent) regulation. Existing provisions often regulate institutional, material and procedural aspects of this control in a different way. This approach to the control system puts the litigant parties (especially the accused) in unjustifiably different procedural situations resulting from different rules of procedure in force in common courts of law and administrative courts.

Gender and Rules of Procedure in Constituent Processes: A Comparative Discussion in Support of the Chilean Constitutional Convention

On 6 August 2021 International IDEA, in partnership with the Law Faculty of UniversidadAdolfo Ibáñez, Corporación Humanas and ComunidadMujer, held a virtual seminar on gender and rules of procedure in constituent processes. Its objective was to share comparative information about designing rules of procedure (regulations) for constituent processes from a gender-equality perspective with members of the newly constituted Chilean Constitutional Convention, Chilean civil society, academics and legal practitioners. The open-invitation online event brought together a panel of women constitution-makers from constituent processes in Bolivia, Kenya, South Africa and Tunisia. The experts discussed their respective experiences and the benefits and drawbacks of the rules of procedure that guided their constituent processes. Representatives from the implementing partners moderated expert panel sessions and question-and-answer discussions.

INTERPELACIJA O OBZNANI

Obznana (Proclamation) was a quasi decree, passed on December 29, 1920, which banned the Communist Party of Yugoslavia. The debate on the interpellation on Obznana was held on April 8, 1921, according to the rules on interpellation contained in Standing Orders of the Constituent Assembly, dated January 28, 1921. The Minister of the Interior, the creator of Obznana, Milorad Draskovic, was the first to speak at the debate. He stated many reasons why Obznana was passed. Then, the Minister answered the interpellant, the leader of the communists Sima Markovic, for 30 minutes, according to the Rules of Procedure. After wards, several other government and opposition MPs spoke, presenting arguments in favor of or against Obznana. The head of the Agricultural Party, Jovan Jovanović, spoke about Obznana from a legal standpoint, stating that Obznana was passed by the Government in resignation, that it was not published, that it did not have the King's signature, that it was passed without legal authorization and without a legal basis in the Criminal Code. Lawyer Dragutin Pećić stated the opposite view, according to which Obznana had a legal basis in the Constitution, in the Criminal Code and in a few of other legal regulations. He proposed a motivated transition to the agenda, which the Prime Minister Nikola Pasic accepted "as an expression of the Assembly's trust to the Government". With the parliamentary acceptance of Pećić's proposal to move to the agenda, the communist interpellation on Obznana was rejected, and the previous work of the Government regarding Obznana was approved. This paved the way for the adoption of the "Law on Protection for the State".

Principles and procedure for forming temporary investigation commissions of the Verkhovna Rada of Ukraine

Realization an investigation by temporary investigative commissions of the Verkhovna Rada of Ukraine is one of the leading forms of parliamentary control in Ukraine. Nevertheless, their legal framework still needs to be improved, and parliamentary investigations are relatively infrequent with insufficient efficiency. In this regard, there is a need to study the current legal framework for the formation of temporary investigative commissions. The purpose of the work is an in-depth analysis of the principles and procedure for forming temporary investigative commissions of the Verkhovna Rada of Ukraine, determination their essence and features, as well as substantiation the priority directions for improving the constitutional and legal framework of their organization and activities. Methods. To solve the problems of the research, a number of methods of scientific knowledge were used, including formal-legal method, which determined the current state and problems of legal regulation of the formation of temporary investigative commissions. System-structural method – the unity and interrelation of the procedure of formation and termination of powers of temporary investigative commissions, staffing of their personnel are characterized; logical-semantic method – the essence of the grounds for the formation of temporary investigative commissions is revealed. Results. It is established that the formation of temporary investigative commissions for investigation certain «issues of public interest» allows to take into account the variability of such public interest and the objective impossibility of its exhaustive legal definition. However, this does not preclude the abuse of the right to form temporary investigative commissions in the absence of established parliamentary practice, traditions and political culture. The formation of the staff of the temporary investigative commissions based on proportional representation of each parliamentary faction (group) provides a majority in the temporary investigative commissions to the parliamentary coalition, which may be disinterested in conducting a thorough parliamentary investigation. Conclusions. It is substantiated that the development of constitutional and legal bases for the formation of temporary investigative commissions of the Verkhovna Rada of Ukraine should include expansion of constitutional guarantees for the formation of temporary investigative commissions and clarification of issues that cannot be the subject of parliamentary investigation. Other measures should be bringing the rules of procedure of the parliament in line with the relevant Law of Ukraine, taking into account the modern parliamentary practice of Ukraine and the experience of democratic countries, as well as application of disciplinary measures to members of the temporary investigative commission in case it fails to submit a report. It is also advisable prohibition of conducting parliamentary investigations into issues pending before the court, guaranteeing the opposition at least half of the seats in the temporary investigative commission, as well as legislative establishment of its minimum and maximum quantitative composition. The following measures should be establishing requirements for the professionalism and competence of the members of the temporary investigative commission and prohibition of combining senior positions in temporary commissions and committees of parliament.

Israel

This chapter investigates the factors affecting floor access in the Israeli national parliament—the Knesset. Although Israel is a parliamentary democracy with a proportional, closed-list electoral system, the Knesset’s rules of procedure give little control to parties over floor access. Analyzing over 46,000 speeches over three terms between 2009 and 2019, even in debates where party leadership does have control over who takes the floor, we find no strong evidence that such control is used to give more speech time to highly ranked representatives. This is at odds with predictions made by others in two ways: First, in that the parliamentary rules do not reflect the electoral incentives of party leadership; Second, in that parties do not appear to utilize whatever ability they possess to control their representatives’ speechmaking.

Legal justifications for gender parity on the bench of the International Court of Justice: An argument for evolutive interpretation of Article 9 of the ICJ Statute

The UN General Assembly and the UN Security Council should amend their rules of procedure to create gender parity on the bench of the International Court of Justice. Only 3.7 per cent of all judges on the ICJ have been women. The UN Charter, ICJ Statute, and long-standing practice of the Court underscore the importance of representation, but the focus has been on geographical representation. Using the law of international organizations, combined with the law of treaty interpretation and international human rights law, this article argues that Article 9 of the ICJ Statute should be interpreted to include a requirement of gender parity. Established practice, subsequent practice, and the UN’s multi-decade gender parity in staffing policy establish an evolutive interpretation of what is required to fulfil equality at the UN and the ICJ. The nomination and election procedures for ICJ judges are sufficiently flexible to facilitate this interpretation.

Metode Komunikasi yang Ideal dalam Pendidikan Keluarga Menurut Al-Qur'an

[THE IDEAL METHOD OF COMMUNICATION IN FAMILY EDUCATION ACCORDING TO THE QUR'AN]. The ability tocommunicate in a family is very necessary because communication barriers in the family will affect the harmonization of the relationship between husband, wife, and children. Al-Qur'an as the holy book of Muslims not only contains the rules of procedure in worship but also contains elements of communication education in the family. The purpose of this study is to discuss the ideal method of communication in family education according to the Quran. The method used in this study is a qualitative method with an analytical approach, the data sources are obtained from literature in the books, journals, and other libraries. The findings of this study indicate that there are several forms of communication described in the Qur'an related to the communication method, namely the method of qaulan baliigha, qaulan maisuura, qaulan layyina, qaulan ma'rufa, qaulan kariima and qaulan sadiida, these communication terms provide a signal about how to good communication, in the context of family education, effective communication is part of the cultivation of moral and religious education, it can even influence social attitudes in the form of honesty, discipline, politeness, and other good behavior. The conclusion in this study is to avoid conflict in the family, an effective communication method is needed, and the Qur'an has given a signal how to build ideal communication in the family

Reflections on Direct Access to the African Court on Human and Peoples’ Rights: A Cul De Sac?

Individuals and NGOs can directly access the African Court on Human and Peoples’ Rights if the state against which a case has been filed has made an optional declaration granting this access. Alternatively, they can access the Court if the African Commission on Human and Peoples’ Rights refers communications to it. However, two main barriers have riddled this structure. One, the few states that had made the optional declaration have begun to rapidly withdraw from it. Two, the African Commission, which was expected to mitigate such a situation where few states are making the optional declaration, is hardly referring cases to the Court. This paper examines these two barriers in tandem. It argues that if this status quo is sustained, then, sooner rather than later, this path treaded may lead the African human rights system to a cul-de-sac – back to a one tier system, composed of an accessible Commission and a Court inaccessible to both individuals and NGOs. Drawing lessons from the European and Inter-American Human Rights system, it recommends preventing this eventuality by amending the African Commission’s 2020 Rules of Procedure to provide for a default procedure of referral of cases from the Commission to the Court.

Shared Intention, Organized Institutions

This chapter begins with the use of the planning theory of individual temporally extended human action in a construction of shared intention. It then develops a series of further constructions that build on each other: of Hart-type, criticism/demand-involving social rules; of authority-augmented social rules of procedure involved in the rule-guided infrastructure of an organized institution; of institutional intentions as outputs of social rules of procedure (where these intentions require neither corresponding shared intention nor a dense, holistic institutional subject); and of institutional intentional agency. These constructions articulate inter-related roles of our capacity for planning agency in important forms of human practical organization: temporally extended, small-scale social, and institutional.