Issues of Legal Regulation of the Executive Authority in the Republic of Kazakhstan and Foreign Countries

2018 ◽  
Vol 8 (7) ◽  
pp. 2178
Author(s):  
Galym KOZHAKHMETOV ◽  
Guldana KUANALEEVA ◽  
Saulen NURZHAN
Keyword(s):  
Executive Branch ◽  
Legal Regulation ◽  
The State ◽  
System Structure ◽  
Executive Power ◽  
Main Role ◽  
Theoretical Concepts ◽  
Foreign Countries ◽  
Depth Analysis ◽  
The Republic

This article consecrates topical issues of executive power, which points to one of the most acute problems of world society. The executive branch is recognized as one of the three branches of the unified state power by the current constitutional doctrine and practice of the Republic of Kazakhstan - a unitary state with a presidential form of government. The process of management constant development has a direct impact on the system of executive power and the structure of individual executive bodies, generates the demand for an in-depth analysis of this influence, its consideration in the creation and functioning of an integral, rational, effective state mechanism. In order to create a modern complex theoretical vision for the scientific legal foundations of a strong and effective executive branch operating in the public system of the Republic of Kazakhstan, which is established as a democratic, legal, social and secular state, the highest value of which is a human, his rights and freedoms, in this study are considered the theoretical concepts, practical aspects of the concept and executive power place as a full-fledged element of the state - the object of the constitutional, administrative and legal sanctions; system, structure, legal and organizational forms of executive bodiesactivity; as well as the main problems of legislative regulation, further construction and functioning of the executive power in Kazakhstan.Recommendations and proposals have been developed to improve a number of legal measures for the executive power enhancement. The analysis of the main historical studies that explain the nature of executive power in foreign countries and in Kazakhstan and its main role in the development of the state and law is carried out.

Problem aspects of mediation dispute resolution

2020 ◽  
pp. 215-233
Author(s):  
Saida Assanova ◽  
Serikkali Tynybekov ◽  
Arkhat Abikenov ◽  
Sarsengaly Aldashev ◽  
Gulyiya Mukaldyeva
Keyword(s):  
Dispute Resolution ◽  
Technical Progress ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Scientific Study ◽  
Foreign Countries ◽  
The Subject ◽  
Points Of View ◽  
The Republic

Legal features of dispute resolution in the order of mediation are of particular in-terest in connection with the relatively new and unexamined, from a scientific point of view, phenomenon of modernity, arising from increasing processes of globalization and internationalization of legal systems, as well as scientific and technical progress. This article is devoted to the scientific study of the international legal regulation of such phenomena as mediation on the example of the analysis of the legislation of foreign countries, and law of the Republic of Kazakhstan. This article presents various points of view of international and Kazakh scientists on the subject of dispute resolution in the mediation procedure. It was concluded that the mediation has a number of advantages, which satisfies the need of a person, society and the state to solve conflicts quickly and efficiently with minimal losses.

scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

IZVRŠNA VLAST U VIDOVDANSKOM USTAVU

2021 ◽  
Author(s):  
Đorđije Blažić ◽  
◽  
Anika Kovačević ◽  
Keyword(s):  
Political Parties ◽  
Internal State ◽  
Executive Branch ◽  
The State ◽  
Executive Power ◽  
Political Factor ◽  
Coup D'etat ◽  
Political Situation ◽  
Council Of Ministers

The author analyzes the provisions of the Vidоvdan Constitution which regulate the position and competence of the executive branch. With the Vidovdan Constitution, the Kingdom of Serbs Croats and Slovenes was proclaimed a constitutional parliamentary and hereditary monarchy in which the King has a central constitutional position and the position of an undisputed holder of executive power. The executive power is made available to the king, which is exercised by the ministers for him, with him and his subordinates. Ministers form the Council of Ministers (Government) and are at the head of certain administrative departments. Although the Constitution proclaimed parliamentarism, there was no classic parliamentary responsibility of ministers before the Assembly. The king was a political factor that enters the field of competence of other holders of power, and thus the division of power provided by the constitution "falls away". The king's power extends to the civil and military field of life of the state, to the external and internal spheres. Although the adoption of the Vidovdan Constitution aimed to create a unified system of organization and division of power, the internal state and political situation in the country, after the adoption of the Constitution, became more complicated and filled with frequent ministerial crises and conflicts of political parties. The King's domination and his frequent "going out" outside the constitutional framework resulted in increasing centralization and, in the end, a coup d'etat and the establishment of King Alexander Karadjordjevic's personal dictatorship.

Holding Peaceful Assemblies in the Republic of Kazakhstan: Rights of Citizens and Administrative Liability

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 870
Author(s):  
Timur K. AVENOV
Keyword(s):  
Constitutional Law ◽  
General Characteristic ◽  
Legal Regulation ◽  
International Standards ◽  
Legal Norms ◽  
Foreign Countries ◽  
Legal Model ◽  
The Republic ◽  
The Right ◽  
Mass Events

The article considers the matters of constitutional and administrative-legal regulation of the right to peaceful assembly in the Republic of Kazakhstan (RoK) and a number of foreign countries. Since there is a lot of publications dedicated to the study of compliance of this legislation to international standards, the analysis has been conducted by the following criteria: the general characteristic of the right to freedom of assembly from the viewpoint of international and constitutional law standards, the principles of organization and holding of public assemblies, the procedure of organization of a public assembly and its holding, and the liability for breaching this procedure. The author shows that the current incoherence of legal norms in this area prevents from developing a unified legal model for administrative liability for breaching public order and safety when holding mass events. Based on the study of normative and research materials in administrative and constitutional law, legal principles and approaches to freedom of assembly in international law and the law of a number of foreign countries, the author proposes options to improve the conceptual framework of legislation concerning assembly and mass events, to formulate proposals that will allow efficiently and legally applying administrative liability for breaching the RoK law concerning the procedure of organization and holding of peaceful assemblies, rallies, marches, pickets and demonstrations. Primary provisions and conclusions of the article can be used in scientific and practical activity when considering issues of holding liable for offences infringing constitutional rights of citizens and the established procedure for organizing and holding peaceful assemblies, rallies, marches, pickets and demonstrations, and to reform the norms of legislation on administrative offences.

scholarly journals PUBLIC-PRIVATE PARTNERSHIP AS AN INSTRUMENT OF STATE INVESTMENT POLICY: ECONOMIC MODELS AND LEGAL REGULATION

2021 ◽  
Vol 4 (27) ◽  
pp. 28-34
Author(s):  
V.A. Kulikov ◽  
◽  
Keyword(s):  
Great Britain ◽  
Legal Regulation ◽  
The State ◽  
Investment Policy ◽  
Financial Policy ◽  
Private Partnership ◽  
Foreign Countries ◽  
The Russian Federation ◽  
State Investment ◽  
Legal Forms

The article presents the organizational and legal characteristics of public-private part-nership as one of the effective instruments of state financial policy. The origin of the PPP institute in foreign countries is considered: Great Britain, USA, etc. The branches of law regulating PPP in the Russian Federation are characterized. The advantages of PPP for the state and business are described: reducing the burden on the budget, access to state assets, synergy of the administrative resource of the state and the innovative po-tential of business, etc. The PPP models are characterized: ВОТ, DBOT, BOOT, etc., as well as organizational and legal forms of PPP implementation: concession, life cycle partnership, etc.

scholarly journals Legal regulation analysis of energy efficiency in the Republic of Serbia

2020 ◽  
Vol 10 (2) ◽  
pp. 75-80
Author(s):  
Aleksandra Ilić-Petković ◽  
Jelena Malenović-Nikolić
Keyword(s):  
Energy Efficiency ◽  
Renewable Energy ◽  
Renewable Energy Sources ◽  
Modern Society ◽  
Legal Regulation ◽  
The State ◽  
Energy Sources ◽  
Economic Interests ◽  
The Republic ◽  
Mere Existence

Sustainable development, as a generally accepted concept of modern society, implies the protection of the environment as one of the basic goals. This goal is achieved, among other things, through the use of renewable energy sources and energy efficiency. The improvement of energy efficiency and application of renewable energy sources should be incorporated while preserving the economic interests of the state. In order to harmonize these interests, the state must introduce the policy in the field of energy, which will simultaneously take care of both the environment and the economy. Among the most important instruments of such a policy are legal regulations. The Republic of Serbia has an extensive and thoroughly structured system of regulations in the field of energy efficiency. The mere existence of regulations in this area is not enough. It is only a necessary precondition for their consistent application, as well as control of the application by inspection bodies.

scholarly journals Constitutional position of the President of the Republic of Srpska in the light of comparative law

2021 ◽  
pp. 231-247
Author(s):  
Darko Golić
Keyword(s):  
State Government ◽  
Comparative Law ◽  
Executive Branch ◽  
The State ◽  
Form Of Government ◽  
Presidential System ◽  
The Republic

Although the Constitution of the Republic of Srpska was created in extremely complex circumstances, exposed to multiple, often violent changes, the underlined constitutional concept of the organization of power and the position of the President of the Republic remained unchanged. Thanks to that fact, the Constitution of the Republic of Srpska confirmed its vitality, and enabled the stable functioning of the state government. Although the semi-presidential system (of power) implies certain elements common to all variants, there are numerous specifics of its different manifestations. In this regard, one can observe the position of the President of the Republic of Srpska, who, in addition to immediate legitimacy, has vast and independent powers, which make him the true head of the executive branch. In light of these characteristics of the position of the President of the Republic, one can speak of a stronger semi-presidential form of government. Having in mind determinism of existing solutions, the similarity with comparative models, and bearing in mind certain specifics, the author is of the opinion that established solution should not be changed.

scholarly journals Delegation of State Powers to Local Self-Government Bodies: Foreign Experience and Ukrainian Realities

2019 ◽  
Vol 9 (3) ◽  
pp. 262-285
Author(s):  
Svitlana Serohina ◽  
Iryna Bodrova ◽  
Anna Novak
Keyword(s):  
Local Governments ◽  
Comparative Research ◽  
Scientific Research ◽  
Legal Regulation ◽  
The State ◽  
Logical Analysis ◽  
Foreign Experience ◽  
Depth Analysis ◽  
European Standards ◽  
Delegation Of Powers

AbstractThis article is devoted to the study of the problems of the delegation of state powers to local self-government bodies. The paper reveals the pluralism of approaches to the organization of models of such interaction in the countries where various doctrines of the organization and functioning of local self-government prevail (the state-oriented doctrine, the community-oriented doctrine, and the doctrine of municipal dualism). Using the example of various European states (grouped on the basis of the prevailing doctrines presented above for convenience), we reveal specific schemes for the legal regulation of interaction within such relations, their positive features, and drawbacks. The obtained data presented in a compressed form in the paper also features an in-depth analysis of the constitutional and legal regulation of the delegation of state powers to local governments in Ukraine. An important element of the novelty of the study was the projection of modern Ukrainian problems in the field of delegated powers through the prism of the existing European systems and relevant experience, thereby complementing this study with a comparative dimension.Conclusions made by the authors feature a set of recommendations based on the conducted comparative research and on formal and logical analysis of compliance of the domestic model of the delegation of powers with the provisions of the European Charter of Local Self-Government. Taking into account the fact that European standards in the sphere of the delegation of powers (depends on the adoption of amendments to the Constitution of Ukraine and the Law ‘On delegation of separate powers of executive authorities to local self-government bodies’) are not yet implemented in Ukraine, we believe that this research will not only be useful in the context of theoretical and scientific research of the issue but also has the potential to contribute to the development and implementation of relevant legislation.

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