MONITORING OF LEGISLATION AND LAW ENFORCEMENT IN RULE MAKING: EXPERIENCE OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Наталья Полящук ◽  
Natalya Polyashchuk
Keyword(s):  
Law Enforcement ◽  
Regulatory Framework ◽  
Conceptual Content ◽  
Integral Component ◽  
The Republic ◽  
Executive Officers ◽  
Rule Making ◽  
Enforcement Activity ◽  
Law Making

The article provides general characteristics of legal acts regulating the rule making process in the Republic of Belarus and reveals drawbacks that are subject to rectification as part of further improvement of rule-making. The author justifies the position that monitoring of legislation and law enforcement is an integral component of law making that permits to assess efficiency of legal and regulatory framework and optimize both rule making and law enforcement activity. Nevertheless, among the sources regulating certain stages of rule-making process in the Republic of Belarus, there are no regulatory legal acts that would envisage the necessity to carry out legal monitoring (monitoring of legislation and law enforcement) and set forth its procedure. At the same time the Republic of Belarus has enough potential to form an appropriate system to monitor legislation and law enforcement and enshrine it at the regulatory level. Taking these circumstances into account, the author outlines proposals relating to conceptual content (meaning) of regulatory legal acts on the basis of which the author intends to introduce the institute of legal monitoring into the practice of rule-making authorities (executive officers) in the Republic of Belarus.

Judicial Rule-Making, Its Forms and Role in the Mechanism of Legal Regulation

2018 ◽  
pp. 50-57
Keyword(s):  
Law Enforcement ◽  
Theoretical Approach ◽  
Regulatory Mechanism ◽  
Legal Regulation ◽  
Legal Rule ◽  
Legal Rules ◽  
Lower Courts ◽  
Rule Making ◽  
Law Making ◽  
Over Time

The article is devoted to analysis of judicial rule-making activities performed by courts in Russia. Interpretation activity of the judiciary is not limited by understanding the sense of a legal rule, but also includes creation of specific legal rules. In the author’s opinion, legal constructions designed by courts (especially in private law) could be neither laws nor interpretation acts. But they bind the lower courts and have a special content. Considering the courts’ interpretational activities as a rule-making process is a new theoretical approach to the legal regulatory mechanism changing over time. Bringing the examples from court practice, the author shows that provisions of higher courts decisions can be used as a base for creation of new legal rules and their incorporation into normative legal acts (e. g. the Russian Civil Code). The author states that performing rule-making activity by courts is inevitable. The legislator and the judiciary do not oppose each other but do mutually enrich law-making and law-enforcement activities.

From meditation to action – a research agenda for studying informal global rule-making: remarks on ‘Cosmopolitanism, publicity, and the emergence of a “global administrative law”’

2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter
Keyword(s):  
Global Governance ◽  
Comparative Research ◽  
Research Agenda ◽  
Institutional Design ◽  
Administrative Law ◽  
Democratic Legitimacy ◽  
Institutional Architecture ◽  
Global Law ◽  
Rule Making ◽  
Law Making

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.

THEORETICAL AND PRACTICAL UNDERSTANDING OF ANTI-CORRUPTION POLICY OF UKRAINE: THE EUROPEAN INTEGRATION ASPECT

2020 ◽  
pp. 102-105
Author(s):  
A. A. Prykhodko
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
European Integration ◽  
International Standards ◽  
The Rule Of Law ◽  
Third World Country ◽  
Broad Interpretation ◽  
Enforcement Activity ◽  
Cross Border Cooperation ◽  
The Eu

The article analyzes the theoretical and practical aspects of the anti-corruption policy of Ukraine in the context of European integration. Considered that corruption has long been perceived in the EU as a negative phenomenon requiring systematic, strategic and concerted action of a transboundary and transnational character and, in general, a threat to the rule of law. The author concluded that Ukraine will continue to be perceived by a third world country as long as anti-corruption measures are duplicated from one strategic document to another. The anti-corruption strategy of Ukraine should be an early, strategic and systematic tool for the eradication of corruption and the formation of public justice in the context of zero tolerance for such phenomena. Now this is a set of normatively fixed declarative slogans that are consistent with international standards, but are not achievable in practical terms due to the lack of state strategic planning in advance. The new anti-corruption strategy must necessarily include a broad interpretation of all the concepts used in it, including the term “anti-corruption policy”. Taking into account the recommendations of the CIS Interparliamentary Assembly, the author’s vision of the term “anti-corruption policy” has been formed, as a set of principles, tasks, goals and principles of implementation of law-making and law-enforcement activity of public administration within the protection of human and civil rights and freedoms a state implemented by a system of methods, means and measures to combat corruption in priority areas and in accordance with anti-corruption standards and on the basis of transnational national and cross-border cooperation.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Soft Law Enforcement in the Nigerien Gendarmerie

2017 ◽  
Author(s):  
Mirco Göpfert
Keyword(s):  
Law Enforcement ◽  
Soft Law ◽  
The Law ◽  
The Republic

This chapter explores how gendarmes in the Republic of Niger, notwithstanding their aspiration for popular legitimacy, try to justify their actions, not to others, but to themselves. Civilians bring the stories of their problems to the gendarmes’ attention in the form of complaints. Whether a complaint turns into a case, and thus whether the gendarmes become active, depends on their appreciation of the complainant’s story and whether their ‘vocational ear’ is attuned to this story; and their vocational ear functions much more in terms of the material and moral gravity of the alleged offence, not in terms of the law.

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