scholarly journals Valstybinis politinių partijų finansavimas Lietuvoje

Teisė ◽  
2009 ◽  
Vol 70 ◽  
pp. 119-135
Author(s):  
Elena Masnevaitė
Keyword(s):  
Political Parties ◽  
Public Support ◽  
Growth Control ◽  
Legal Regulation ◽  
The State ◽  
The Political ◽  
State Budget ◽  
Reliable Source ◽  
The Subject ◽  
Parliamentary Procedure

Pastaraisiais metais Lietuvoje vis labiau diskutuojama dėl politinėms partijoms skiriamų valstybės biu­džeto lėšų, jų didinimo, kontroliavimo ar... areštavimo. Politinės partijos yra tas subjektas, kuris atlieka mediaciją tarp valstybės ir visuomenės. Valstybė yra tuo suinteresuota, todėl skiria joms tam tikrą finan­sinę paramą, tarsi laikydamasi romėniškos maksimos do ut des. Korupcinių grėsmių požiūriu valstybės biudžeto lėšos yra patikimiausias politinių partijų finansavimo šaltinis, tačiau čia taip pat slypi pavojus, jog politinės partijos praras savo prigimtį ir taps kvazivalstybinėmis organizacijomis, atitrūkusiomis nuo visuomenės grupių ir jų „natūralaus“ suinteresuotumo finansiškai paremti joms priimtinas politines pro­gramas ir jų įgyvendintojus. Turint tai omenyje, šiame straipsnyje analizuojami Lietuvos politinių partijų finansavimo iš valstybės biu­džeto būdai ir formos. Remiantis kitų Europos valstybių patirtimi, atskleidžiami diskutuotini pasirinkto valstybinio politinių partijų finansavimo modelio aspektai, neproporcingos viešosios paramos proble­matika. Be to, pateikiamos rekomendacijos tobulinti reglamentavimą, kurio inicijuotos pataisos „įstrigo“ parlamentinėje procedūroje arba po priėmimo netapo reikiamai veiksmingomis. In Lithuania the funds from the state budget assigned to political parties, its growth, control and... arrest have become a topic of increasing debate over the last years. Political parties are the subject who performs mediation between the state and the society. The state is interested in the abovementioned function and therefore it assigns particular financial support to political parties as if conferred with the Roman maxim do ut des. At the standpoint of threats of corruption the state budget allocations are the most reliable source of funding for political parties, however, there is a risk that political parties will be deprived of their nature and turn into quasi governmental organisations that have lost touch with groups of the society and their „genuine” interest to support beneficial political programmes and their executers financially. While taking this into account the article deals with the ways and forms of financing the political parties from the state budget. Arguable issues of the model chosen by the state to fund political parties and the proble­matics of non proportionate public support are revealed in the article with reference to the experience of Eu­ropean states. Moreover, recommendations how to improve legal regulation whose initiated amendments „stuck“ in the parliamentary procedure or did not become due effective after their adoption are provided.

scholarly journals La regulación de los partidos políticos en Holanda = The Regulation of Political Parties in the Netherlands

2015 ◽  
pp. 577
Author(s):  
Huub Spoormans ◽  
Irene Broekhuijse
Keyword(s):  
Political Parties ◽  
The Netherlands ◽  
International Law ◽  
Legal Regulation ◽  
The State ◽  
The Political ◽  
Derechos Humanos ◽  
Political Scene

This article focuses on the relation between political parties and the state in the Netherlands; a polity where the main actors in the political scene are not even mentioned in the Constitution, and where there is not a specific party act. The authors describe the origins and development of political parties in the Netherlands, and the question of its regulation, together with a general and comparative glimpse to other European democracies. The thesis is that legal regulation took a different route via international law — the ECHR and the CEDAW —, applied by the national courts.Este artículo analiza la relación entre los partidos políticos y el Estado en Holanda; un país en el que los principales actores de la vida pública no están regulados por una ley específica, ni se mencionan en la Constitución. Los autores exponen los orígenes y el desarrollo de los partidos políticos en Holanda, y examinan el problema de su regulación, en el marco de una visión comparada con otros sistemas democráticos europeos. La tesis es que la regulación legal de los partidos siguió un camino distinto del recorrido en Europa, es decir, se realizó a través de la aplicación de normas internacionales, como el Convenio Europeo de Derechos Humanos y la Convención para la Eliminación de todas las Formas de Discriminación contra la Mujer, por los tribunales holandeses.

scholarly journals Discursive loyalty in the conditions of centralization of power in Russia: nature and typology of the phenomenon

2020 ◽  
pp. 51-62
Author(s):  
Ilya Viktorovich Nikolaev
Keyword(s):  
Political Parties ◽  
Public Space ◽  
Political System ◽  
Public Support ◽  
Public Attitude ◽  
The Political ◽  
Communicative Behavior ◽  
The Public ◽  
Personal Influence ◽  
The Subject

This article raises a problem of existence of the verbal political symbols of autocratic discourse in public space. The hypothesis is advanced that in the conditions of centralization of the Russian political system, forms a specific type of discursive loyalty, interpreted as communicative behavior within the framework of the structure of verbal political symbols set by the official political discourse. The object of this research is the Russian sociopolitical discourse of Russia in the early XXI century. The subject is the instruments of manifestation of discursive loyalty used by public actors. Special attention is turned to the public attitude on verbal symbols of the country’s leader, political parties and bureaucracy in the conditions of centralization and personification of power over the period from 2000 to the present. An attempt is made to formulate the typology of discursive loyalty based on the components of perception of political symbols indicated by R. Cobb and C. Elder. Three basic types of discursive loyalty are defined depending on the dominance of separate components in perception: 1) affective, based on emotional empathy with the content of the discourse of power and its source; 2) cognitive, based on recognition of the relevance of verbal symbols of the discourse of power; 3) analytical, based on rational choice of the verbal symbols of power upon availability of the alternative or evasive option. Types of loyalty are illustrated by examples of discursive behavior of the subjects of civil society of the early XXI century – presidency and prime-ministry of V. V. Putin, whose personal influence actualized the affective type of loyalty, and the results of transformation of the political system led to proliferation of analytical type of loyalty. The author believes that the prevalence of analytical type of discursive loyalty is dangerous for the political system, due to its simulated nature, which creates an illusion of public support.

The Exceptionality of Jordan and its Democracy in King Hussein’s Last Speech From the Throne

2015 ◽  
Vol 7 (2) ◽  
pp. 17
Author(s):  
Ahmad El-Sharif
Keyword(s):  
Political Parties ◽  
Political Institutions ◽  
Analytical Framework ◽  
The State ◽  
Political Life ◽  
The Political ◽  
Sociocultural Context ◽  
Parliamentary Elections ◽  
Critical Metaphor Analysis ◽  
Political Structures

The Late King Hussein’s last Speech from the Throne in 1997 was given amidst public outcry over the outcomes of the parliamentary elections which resulted the triumph tribal figures with regional affiliations after the boycott of most political parties. This brought to public debate the questions of maintain the long-established balance between the several socio-political structures in the political life in Jordan. While the speech can be perceived as a reflection of King Hussein’s vision about ‘Jordanian democracy’, it can also be interpreted as an elaborate scheme to construct the conventional understanding of the exceptionality of Jordan and its socio-political institutions; including democracy. This article discusses the representation of ‘Jordanian democracy’, the state, and the socio-political structures in Jordan as reflected in the Late King’s last speech from the throne (1997). The analytical framework follows a critical metaphor analysis perspective in which all instances of metaphors used to epitomise these issues are primarily acknowledged from there sociocultural context. Herein, the article focuses on revealing the aspect of metaphorical language by which the Late King Hussein legitimizes and, hence, constructs, the prevailing ideology pf the ‘exceptionality’ of Jordan.

scholarly journals FEATURES OF THE FORMATION OF THE PARTY SYSTEM OF MODERN UKRAINE

2018 ◽  
pp. 8-15
Author(s):  
Іvan Pobochiy
Keyword(s):  
Political Parties ◽  
Party System ◽  
Political Orientation ◽  
The State ◽  
Political Life ◽  
The Political ◽  
Political Struggle ◽  
National Interests ◽  
New Parties ◽  
The Public

The level of social harmony in society and the development of democracy depends to a large extent on the level of development of parties, their ideological and political orientation, methods and means of action. The purpose of the article is to study the party system of Ukraine and directions of its development, which is extremely complex and controversial. The methods. The research has led to the use of such scientific search methods as a system that allowed the party system of Ukraine to be considered as a holistic organism, and the historical and political method proved to be very effective in analyzing the historical preconditions and peculiarities of the formation of the party system. The results. The incompetent, colonial past and the associated cruel national oppression, terror, famine, and violent Russification caused the contradictory and dramatic nature of modernization, the actual absence of social groups and their leaders interested in it, and the relatively passive reaction of society to the challenges of history. Officials have been nominated by mafia clans, who were supposed to protect their interests and pursue their policies. Political struggle in the state took place not between influential political parties, but between territorial-regional clans. The party system of Ukraine after the Maidan and the beginning of the war on the Donbass were undergoing significant changes. On the political scene, new parties emerged in the course of the protests and after their completion — «Petro Poroshenko Bloc», «People’s Front», «Self-help»), which to some extent became spokespeople for not regional, but national interests. Pro-European direction is the main feature of the leading political parties that have formed a coalition in the Verkhovna Rada of Ukraine. Conclusion. The party system of Ukraine as a result of social processes is at the beginning of a new stage in its development, an important feature of which is the increase in the influence of society (direct and indirect) on the political life of the state. Obviously, there is a demand from the public for the emergence of new politicians, new leaders and new political forces that citizens would like to see first and foremost speakers and defenders of their interests.

scholarly journals Theoretical Approaches to the Concept of Responsibility of Members of Political Parties and its Correlation with Legal Responsibility

2019 ◽  
pp. 53-62
Author(s):  
V. Е. Mamedova
Keyword(s):  
Political Parties ◽  
Social Responsibility ◽  
Subject Matter ◽  
Legal Responsibility ◽  
The Political ◽  
Basic Properties ◽  
Theoretical Approaches ◽  
The Subject ◽  
Legal Responsibilities

The paper proposes the author’s understanding of responsibility of members of political parties provided by the political parties’ constitutions and other intraparty documents (intraparty responsibility). Also, the paper demarcates intraparty responsibility, legal and other types of social responsibility. It is concluded that the responsibility of members of political parties is a subspecies of social and statutory responsibility. The study has determined the tendency of convergence (diffusion) of internal party and legal responsibilities; the analysis has been carried out concerning perspectives of treating the responsibility of members of political parties as positive; the author substantiates the conclusion about the need to study intraparty responsibility exclusively in retrospective aspect. The author elucidates the thesis concerning expediency of enforcement of intra-party penalties as the subject matter of responsibility of members of political parties. Also, the basic properties of intra-party responsibility are revealed and analyzed. The study has investigated the influence of ambivalent nature of political parties and peculiarities of intra-party relations regarding the properties of responsibility of members of political parties.

scholarly journals ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

scholarly journals The Subject of the Migration Process as the Main Component of the Administrative and Legal Mechanism of Migration

2020 ◽  
pp. 274-285
Author(s):  
Iryna STOROZHUK
Keyword(s):  
Public Management ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Migration Process ◽  
Public Authorities ◽  
The Subject ◽  
Main Component ◽  
Legal Mechanism

One of the conditions for building the rule of law is to improve public management of migration processes in accordance with international standards. Migration is an integral part of any state. Migration processes can be affected by economic, political, social, demographic factors, environmental or man-made disasters. Not the least role in migration processes is played by military conflicts or religious or racial persecution. Migration is the movement of a person to change his or her place of residence or stay, involving the crossing of a state border or the boundaries of administrative-territorial units. The administrative and legal mechanism of migration covers the main elements of the migration process. The main one is the subject. Migrant as the subject is a person through whom migration relations arise. The system of public authorities is treated as a subject of regulation of migration processes on behalf of the state. It is the interaction of the subjects that makes migration relations real. The subjects of migration processes are: public authorities and administration, which are endowed with certain powers in the field of migration management. Individuals who have crossed administrative borders or changed their place of permanent residence can be citizens of Ukraine, citizens of foreign countries, stateless persons, refugees, internally displaced persons. Non-governmental organizations that do not have direct authority to manage migration processes and can have a direct impact on the integration of migrants into the new social environment. The ratio of executive, legislative and judicial power in the system of legal regulation of migration in Ukraine shows that the indispensable attribute of the state-power mechanism, built on the principles of separation of powers, is the executive power. It creates conditions for the implementation of the preventive function of the legislature, initiates changes in the current migration legislation; implements its own executive and administrative functions; supports the exercise of judicial functions by the judiciary and itself acts as an object of judicial influence. The analysis shows that geopolitical migration processes contribute to the expansion of the subjects of migration processes, and that one of the current problems of the modern system of administrative and legal regulation of migration processes is the need to reconcile the interests of the state, its citizens and migrants.

Local Communities and ISDS

2021 ◽  
pp. 172-198
Author(s):  
Nicolás M. Perrone
Keyword(s):  
Natural Resource ◽  
Public Support ◽  
Local Communities ◽  
The State ◽  
The Political ◽  
Foreign Investors ◽  
Investment Projects ◽  
Host State ◽  
Resource Sector ◽  
Pyrrhic Victory

Foreign investors and states frequently cooperate to facilitate investment projects in the natural resource sector. National elites tend to be involved in these cases, acting like partners to the foreign investors, because they often benefit economically and have an interest in the continuation of extractivism. Meanwhile, local communities are in a weak position, with limited or no public support and few legal options. They may still resist a project, sometimes forcing the state to cancel it, yet cancellation may only be a pyrrhic victory. Foreign investors can rely on investment treaties and ISDS to interpret and enforce the political signals and givings granted by the host state. The cases analysed in this chapter show how ISDS tribunals overlook investor misconduct and the context of extractivist projects while making local communities invisible.

Introduction

2019 ◽  
pp. 1-14
Author(s):  
Fabio Wolkenstein
Keyword(s):  
Political Parties ◽  
The State ◽  
Representative Democracy ◽  
The Political ◽  
Academic Interest ◽  
Political Actors ◽  
Public Debates ◽  
Left And Right ◽  
Political Spectrum ◽  
Western Democracies

In addition to summarizing the book’s main themes as described, this Introduction places special emphasis on connecting the problem animating the book—the apparent incapacity of contemporary parties to mediate between citizens and the state—to current political developments in established Western democracies, showing that the issues the book addresses are not only of academic interest but also directly relevant to ongoing public debates about the state and health of representative democracy. Chief amongst the themes foregrounded here is the rise of so-called ‘populist’ parties on the left and right of the political spectrum, as well as the re-branding of established political actors as ‘movements’ (think, e.g. of Emmanuel Macron’s La République en Marche). These phenomena are interpreted as part of a larger ‘revolt against intermediary bodies’—meaning first and foremost a rebellion against political parties. The Introduction suggests that this ‘revolt’ brings with it only a temporary shift in how representative politics looks, without actually reversing the disconnect between parties and voters or compelling established political parties to give up their privileges and de-colonize the institutions of the state. This argument sets the stage for the book’s core contention that more thought has to be put into finding ways to reconnect political parties with society.

13. Small Parties and Law-making

2018 ◽  
Author(s):  
Margaret Arnott ◽  
Richard Kelly
Keyword(s):  
Political Parties ◽  
Strong Support ◽  
Electoral System ◽  
First Century ◽  
The Political ◽  
General Elections ◽  
Parliamentary Procedure ◽  
The Uk ◽  
Law Making

This chapter discusses the role of smaller parties in the law-making process. General elections in the UK are conducted with an electoral system which militates against the representation of smaller political parties, particularly those having no strong support at the regional level. However, events at Westminster over the last decade have increased the prominence of smaller parties in the operation of parliamentary business. The chapter first considers the role of small parties in the UK Parliament, committees and legislation, as well as their participation in backbench debates before examining how the political and electoral context of Parliament, especially in the twenty-first century, has affected the representation of smaller parties and the ways in which reforms to parliamentary procedure since the 1980s have enhanced the role of the second opposition party. It suggests that Parliament today offers more opportunities for smaller political parties to influence debate and policy, but this remains quite limited.

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