scholarly journals PLANNING OF THE LEGISLATIVE ACTIVITY AND ITS IMPORTANCE IN THE IMPROVEMENT OF LEGISLATION AND THE LEGISLATIVE PROCESS OF THE REPUBLIC OF KAZAKHSTAN

Author(s):  
Жанна Тлембаева ◽  
Zhanna Tlembaeva

Some issues of lawmaking activity planning in the Republic of Kazakhstan as one of the important components of legislative activity are discussed, and its importance in improving legislation is analyzed in the article. The author pays special attention to the types and stages of the legislative process In the Republic of Kazakhstan. The main problems of planning the legislative activity of the Government and of other subjects of lawmaking are considered. Also the ways to improve the planning of lawmaking activity taking into account the current realities of the development of the legislative process in the Republic of Kazakhstan are proposed. Planning of legislative activities in Kazakhstan needs to be improved and, first of all, by means of increasing the information transparency of planning, the development of forecasting, improving the coordination of planning of subjects of the right of legislative initiative and the development of regulatory support for planning. The issues of application of technologies of legislative forecasting as an obligatory element of lawmaking are separately considered. The conclusion about the role of planning of lawmaking activity in counteraction to the processes of «shadow lobbying» is substantiated. It seems that the implementation of these proposals will ensure an increased role for planning in the country’s legislative process. In the context of the problems studied, the question of the legislative activity of the subjects of the legislative initiative and the subjects of lawmaking has considerable scientific and practical interest. The author reveals a tendency to reduce the lawmaking activity of the deputies of the Parliament against the backdrop of the growing legislative activity of the Government.

2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.


SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 254
Author(s):  
Christina Nur Widayati ◽  
Endang Wahyati Yustina ◽  
Hadi Sulistyanto

Patient Safety was the right of a patient who was receiving health care. A nurse was one of the health professionals in a hospital having a very important role in realizing Patient Safety. In realizing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had involved the role of the nurses. In carrying out their role the nurses could support the protection of the patient’s rights. The nurses performed health care by conducting six Patient Safety goals that were based on professional standards, service standards and codes of conduct so that the Patient Safety would be realized.This research applied a socio-legal approach to having analytical-descriptive specifications. The data used were primary and secondary those were gathered by field and literature studies. The field study was conducted by having interviews to, among others, the Director of Panti Rahayu Yakkum Hospital of Purwodadi, Head of Room and Chairman of Patient Safety Committee, nurses and patients. The data were then qualitatively analyzed.The arrangement of nurses’ role in implementing Patient Safety and the patient’s rights protection was based on the Constitution of the Republic of Indonesia of 1945, Health Act, Hospital Act, Labor Act, and Nursing Act. These bases made the hospital obliged to implement Patient Safety. The regulations leading the hospital to provide Patient Safety were Health Minister’s Regulation Nr. 11 of 2017 on Patient Safety, Statute of Panti Rahayu Yakkum Hospital of Purwodadi (Hospital ByLaws), Internal Nursing Staff ByLaws. In implementing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had established a committee of Patient Safety team consisting of the nurses that would implement six targets of Patient Safety. Actually, the Patient Safety implementation had been accomplished but it had not been optimally done because of several factors, namely juridical, social and technical factors. The supporting factors in influencing the implementation were, among others, the establishment of the Patient Safety team that had been well socialized whereas the inhibiting factors were limitedness of time and funds to train the nurses besides the operational procedure standard (OPS) that was still less understood. Lack of learning motivation among the nurses also appeared as an inhibiting factor in understanding Patient Safety implementation.


Author(s):  
Olga Mykhailоvna Ivanitskaya

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.


In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.


2020 ◽  
Vol 27 (3) ◽  
pp. 284-301
Author(s):  
Salvatore Fabio Nicolosi ◽  
Lisette Mustert

In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee’s argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.


1951 ◽  
Vol 45 (2) ◽  
pp. 464-473 ◽  
Author(s):  
Neil C. M. Elder

The joint standing committees of the Swedish Parliament are unique institutions of particular interest to the political analyst. They are the very linchpin of the legislative process in Sweden; they mediate in the event of intercameral disputes; and they even arrogate to themselves quasi-governmental powers when the government cannot muster a majority in the legislature.


Author(s):  
Nataliia I. Brovko ◽  
Liudmyla P. Medvid ◽  
Ihor Y. Mahnovskyi ◽  
Vusal A. Ahmadov ◽  
Maksym I. Leonenko

The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.


Author(s):  
Makhmudov R.M ◽  
Karimova B.N

This article discusses the problems of legal education and strengthening the discipline of the military of the National Guard of the Republic of Uzbekistan as citizens of the rule of law. The role of law and its influence on the legal consciousness of military personnel is revealed. Features and specificity of the service of the military personnel of the National Guard of the Republic of Uzbekistan. The authors in the article will try to uncover the relationship of legal education and strengthening the discipline of military personnel. The role of the right to strengthen the charter knowledge of military personnel is revealed in detail. KEY WORDS: members of the National Guard, military regulations, legal standards, legal education, military law, legal support, specific features, the formation of a legal culture, strengthening discipline.


2019 ◽  
Vol 1 (2) ◽  
pp. 929
Author(s):  
Rini Yarti ◽  
A.M Tri Anggraini

An imported product to be traded into the territory of Indonesia must include an Indonesian language label in accordance with established regulations, the regulation is regulated in Article 2 paragraph (1) of the Minister of Trade Regulation of the Republic of Indonesia Number 73 / M-DAG / PER / 9/2015 concerning Label Inclusion In Indonesian in Goods. Every product introduced to consumers must be accompanied by correct information. This information is needed so that consumers do not have a wrong picture of the product. This information can be submitted in various ways, one of which is by including an Indonesian translation label on the foreign language label listed on the product packaging. Information on product packaging labels is very necessary for the community so that each individual can correctly determine the choice before buying and consuming the product. In fact there are still many producers who are not responsible for selling cosmetic products that do not meet the requirements. Cosmetic products that do not meet these requirements can be found easily in malls, in traditional markets, or through the internet. The role of the state in this case the government is needed to protect consumers from the circulation of products that do not meet the requirements. So legal protection for consumers is needed to increase awareness of the rights as consumers.


2018 ◽  
Vol 1 (1) ◽  
pp. 1328
Author(s):  
Billy Samuel ◽  
Rasji .

Cigarettes is a culture that has existed since time immemorial and has come down to the heir of the nation to this day, cigarettes which initially is a habit that is done to fill the vacuum of time, has now turned into something that makes people dependence on cigarettes. Therefore based on the 1945 Constitution of the State of the Republic of Indonesia in Article 28H paragraph (1) states that the right of citizens to obtain a good and healthy environment, and get good health services, need to be regulated further about health, especially the imposition cigarette. Now cigarettes that use tobacco which is one of addictive substances, has been regulated further by Law Number 36 Year 2009 About Health which is one of the realization of the ideals of the Constitution Article 28H Paragraph (1). However, control isn’t enough, in fact the government only carries the imposition of excise products that containing addictive substances. The research method used is normative legal research method that comes from primary, secondary, and supported by interview with related experts, which is analyzed deductively. In addition, the theory of the legal system not only refers to the substance of the law but also supported the legal culture that is more directed to the attitude of society, public confidence, values adopted by society and their ideas or expectations that determine how the legal system to obtain a place that is appropriate and acceptable to citizens within the framework of better society culture for Indonesia.


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