scholarly journals History of Emergency Powers of the US Presidents: From Abraham Lincoln to Donald Trump

2021 ◽  
pp. 193-211
Author(s):  
Nataliya Latypova ◽  
Keyword(s):  
Comparative Method ◽  
Emergency Situation ◽  
Executive Branch ◽  
Habeas Corpus ◽  
Emergency Situations ◽  
Legal Method ◽  
Emergency Powers ◽  
The Us ◽  
History Of ◽  
Emergency Measures

Introduction. In the context of the COVID-19 pandemic announced by the WHO in 2020, American researchers bring up the question of the legitimacy, adequacy, or, on the contrary, redundancy of measures taken by the US leadership to protect the population. The study of the US President’s history of emergency powers can demonstrate how previous American Presidents managed to preserve or, conversely, subvert the established liberal foundations of American society in emergency situations. Methods and Materials. The author used methods of structural analysis and synthesis, historical and legal comparative method, formal legal method, and method of legal modeling. Analysis. The author studied A. Lincoln’s extra-constitutional authority to emancipate slaves, suspend the Habeas Corpus Act, create a volunteer army, and declare a naval blockade. On the basis of legal sources, we carried out the analysis of F. Roosevelt’s decisions on the creation of courts-martial and the internment of people of Japanese descent; reviewed the activities of G. Bush after the September 11 attacks and D. Trump’s emergency measures related to building the border wall in the south of the USA. Results. During the research, we found, that each military, economic, or social crisis increased the political significance and role of the executive branch in emergencies. We can characterize the increase of the emergency powers, delegated to the US Presidents, as steadily growing due to the crises that took place in various periods of American history. It was proved, that the precedents of emergency measures created by A. Lincoln, F. Roosevelt and George W. Bush had a long-term impact on the actions of the next US Presidents, opening up new legal opportunities for the use of emergency powers. At the same time, Congress and the US Supreme Court have taken a controversial stance on the validity of the President’s actions at various historical stages. Most of the time, the status of the legislative and judicial branches of government, as well as the understanding of “emergency situation” itself depended on the specific case and practical political needs.

scholarly journals Democracies and autocracies amid the pandemic: the Matthew effect

2021 ◽  
pp. 72-81
Author(s):  
T.V. Rastimehina ◽  
Keyword(s):  
Comparative Analysis ◽  
Civic Engagement ◽  
General Trend ◽  
Executive Branch ◽  
Matthew Effect ◽  
Emergency Situations ◽  
Power Resources ◽  
The Matthew Effect ◽  
Hybrid Regime ◽  
Emergency Measures

The author examines the actions of states in crisis and emergency situations and conducts a comparative analysis of the emergency measures taken by the governments of democratic states and hybrid regime states. The author notes the Matthew effect: the actions of the institutions of political power of democratic and undemocratic countries in the conditions of the regime of increased readiness at a superficial examination seem similar, but have a different effect. In democracies, the restriction of some of the freedoms of citizens fits into the general trend toward humanization of politics. At the same time, autocracies presumably use the crisis to redistribute power resources toward the executive branch and to normalize the suppression of civic engagement.

scholarly journals Entropy of property in Western and Russian legal doctrine and practice

2021 ◽  
Vol 5 (1) ◽  
pp. 156-172
Author(s):  
M. N. Semyakin ◽  
A. V. Gubareva ◽  
S. P. Stepkin
Keyword(s):  
Property Rights ◽  
Comparative Method ◽  
Negative Consequences ◽  
Legal Doctrine ◽  
Historical Method ◽  
Legal Method ◽  
Positive Assessment ◽  
History Of ◽  
Scientific Results ◽  
Bundle Of Rights

The subject of the study is a phenomenon of an “entropy” of property, its interpretation, socio-economic conditionality, genesis of its development in European and Russian doctrine, reflection of a construct of “separated” property in the legislation. “Entropy” of property is a situation when both entities are owners, but in different areas of relations: the first person is the owner in relation to third parties, and the second-in relation to the first The goal of this scientific research is to find out reasons of the existence of phenomenon of “entropy of property” in European and Russian legal doctrines, to identify common and specific features of this phenomenon. Methodology. The authors use the general scientific method, including dialectics, comparative analysis, formal logic, historical method. A number of specific methods pertaining to the legal science were used as well: the formal dogmatic method was applied for analysis of ownership within the institute of property rights; the logical legal method was applied to study general tendencies of development of the institute of property rights; the legal comparative method was used to study European and Russian legislation on ownership and other property rights. The main scientific results. The Western legal doctrine of “entropy of property” has quite a long history of development, unlike the Russian. Specific features of the Russian doctrine are result of its historical, political and cultural characteristics. The phenomenon of “entropy of property” has both positive and negative consequences, which requires pluralistic approach to its assessment. “Reunification” of ownership rights on the land plot and other objects located on it, is a result of socio-economic and legal factors and deserves positive assessment. Property rights as elements of titular possession are not based only on law, but may be created by contract as well. Conclusions. The European and Russian legal doctrines on the “entropy of property” have both common and specific features. The common features are: existence of “absolute” ownership, limited property rights, trends of reunification of “separated” property etc. The specific features are: absence of “trust” in the Russian legal system; excessive fragmentation of right of ownership as a large “bundle” of rights; absence of situations when one person may simultaneously hold statuses of owner and holder of a limited property right in the Russian legislation.

scholarly journals FINANCIAL AND ECONOMIC BASES OF THE FUNCTIONING OF STATE EXECUTIVE BODIES: PAST, PRESENT AND PROSPECTS OF IMPROVEMENT

2019 ◽  
Vol 5 (1) ◽  
pp. 126
Author(s):  
Oleksandr Mykolenko ◽  
Iryna Lychenko ◽  
Olena Klymiuk
Keyword(s):  
Executive Branch ◽  
Administrative Reform ◽  
Structural Method ◽  
Legal Regulations ◽  
Negative Effects ◽  
Scientific Methods ◽  
Legal Method ◽  
History Of ◽  
State Of Affairs ◽  
Definition Of

The aim of the article is to analyse legal regulations and perspectives available in the specialized literature concerning financial and economic bases of the functioning of state executive bodies, which should be strengthened and formed according to one of the areas of administrative reform in Ukraine. The subject of the study is financial and economic bases of the functioning of state executive bodies: past, present, and prospects of improvement. Methodology. The study is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The historical and legal method enabled to analyse the legal regulations of administrative and financial law on past, present, and prospects of improvement of financial and economic bases of the functioning of state executive bodies. The comparative legal method was used to improve the system of executive bodies and their authorities’ exercise. The system-structural method enabled to consider and identify the most negative effects of the insufficient financing of executive branch activities and the exercise of their authorities. The methods of grouping and classifying were the basis for the author’s approach to the identification of forms of financing state executive bodies. The technical legal method enabled to interrogate the state of affairs in financial and economic bases of the functioning of state executive bodies. The results of the study enabled to highlight the drivers of the improvement of forms of financing state executive bodies. Practical implications. In the study, scientific sources and legal regulations of administrative and financial law on past, present, and prospects of improvement of financial and economic bases of the functioning of state executive bodies are interrogated. The article highlights that strengthening and forming new financial and economic bases of the functioning of state executive bodies have been provided for by one of the areas of the Concepts of Administrative Reform, which nowadays is implemented both at the legislative and law enforcement levels. It was concluded that the formation of new financial and economic bases of the functioning of state executive bodies failed. There is only modelling of certain forms of financing of state executive bodies, familiar to the history of the origin and development of these bodies. Therefore, financial and economic bases of the functioning of state executive bodies should be interrogated by representatives of both administrative and financial law not only from a historical perspective or from a modern perspective but also with a view to the future. Relevance/originality. The original author’s approach to the definition of financial and economic bases of the functioning of state executive bodies is the basis for developing the most promising areas of improvement of domestic legislation in this sphere.

scholarly journals Federal Statistical Confidentiality and Business Data: Twentieth Century Challenges and Continuing Issues

2009 ◽  
Vol 1 (1) ◽  
Author(s):  
Margo J. Anderson ◽  
William Seltzer
Keyword(s):  
Executive Branch ◽  
Business Community ◽  
Modern Concept ◽  
Late Nineteenth Century ◽  
Statistical System ◽  
The Us ◽  
Federal Statistical ◽  
History Of ◽  
Statistical Agencies ◽  
Business Data

The roots of the modern concept of statistical confidentiality in the US federal statistical system can be traced directly back to the late nineteenth century efforts of statisticians to ensure full and accurate responses by businesses to statistical inquiries. Officials argued that such confidentiality guarantees were needed to ensure that the providers of enterprise and establishment data could be confident that the statistical agencies could not be forced to share their responses with others, such as regulatory or tax authorities, congressional investigators, prying journalists, and competitors, who might use this information to the detriment of the data provider. Nevertheless, over the years, the principle of statistical confidentiality with respect to information provided by businesses in statistical inquiries has been repeatedly challenged by other executive branch departments, independent regulatory agencies, the courts, Congress, and members of the public, with quite varied results. The paper uses the published record and archival research to examine the history of challenges to statistical confidentiality, and the responses of the statistical agencies, the federal statistical system as a whole, including the office of the chief statistician in OMB (and its predecessors), executive department and independent non-statistical agencies, the courts, and Congress as well as representatives of the business community. Long-term trends and the implications for maintaining and strengthening the confidentiality protections for establishment- and enterprise-level business data provided to federal agencies for statistical purposes are discussed.

Migration and Modernities

2019 ◽  
Keyword(s):  
Native Americans ◽  
Literary History ◽  
Historical Study ◽  
Racial Categories ◽  
Geographic Boundaries ◽  
The Us ◽  
Technological Developments ◽  
History Of ◽  
The Aesthetic ◽  
Eighteenth And Nineteenth Centuries

Migration and Modernities recovers a comparative literary history of migration by bringing together scholars from the US and Europe to explore the connections between migrant experiences and the uneven emergence of modernity. The collection initiates transnational, transcultural and interdisciplinary conversations about migration in the eighteenth and nineteenth centuries, demonstrating how mobility unsettles the geographic boundaries, temporal periodization, and racial categories we often use to organize literary and historical study. Migrants are by definition liminal, and many have existed historically in the spaces between nations, regions or ethnicities. In exploring these spaces, Migration and Modernities also investigates the origins of current debates about belonging, rights, and citizenship. Its chapters traverse the globe, revealing the experiences — real or imagined — of eighteenth- and nineteenth-century migrants, from dispossessed Native Americans to soldiers in South America, Turkish refugees to Scottish settlers. They explore the aesthetic and rhetorical frameworks used to represent migrant experiences during a time when imperial expansion and technological developments made the fortunes of some migrants and made exiles out of others. These frameworks continue to influence the narratives we tell ourselves about migration today and were crucial in producing a distinctively modern subjectivity in which mobility and rootlessness have become normative.

SOME FEATURES OF CRIMINAL PROCEDURE IN RUSSIA IN CONNECTION WITH THE SPREAD OF CORONAVIRUS INFECTION (COVID-19)

2020 ◽  
Vol 10 (3) ◽  
pp. 149-154
Author(s):  
YURI FRANCIFOROV ◽  
◽  
MARINA BARANOVA
Keyword(s):  
Preliminary Investigation ◽  
Preventive Measure ◽  
Judicial System ◽  
Emergency Situations ◽  
Judicial Proceedings ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
Judicial Actions ◽  
Emergency Measures

The purpose of the article is to consider the peculiarities of investigative and judicial actions that are caused by their postponement, the inability to attract a lawyer, as well as the suspension of the preliminary investigation during the period of emergency measures taken by the government of the Russian Federation in response to the outbreak of the coronavirus infection pandemic (COVID-19). The authorsanalyze the features of the courts activity in connection with the coronavirus pandemic, which is associated with minimizing the personal reception of citizens and submitting documents via electronic Internet reception offices of courts or by Russian Post, as well as the possibility of conducting online court sessions. The authors come to the conclusion that the judicial system was not sufficiently prepared for the pandemic, and therefore it is urgently necessary to adopt a special normative act that would regulate the implementation of judicial proceedings in emergency situations, allowing to continue to consider urgent cases, including materials on the election, extension, cancellation or change of a preventive measure.

‘... Call the Mute Artifacts to Speech’: New Essays on the History of Archeology

2018 ◽  
pp. 1274-1279
Author(s):  
Elena V. Olimpieva ◽  
Keyword(s):  
20Th Century ◽  
Comparative Method ◽  
Early 20Th Century ◽  
Historical Overview ◽  
Historical Experience ◽  
Historical Material ◽  
Manuscript Tradition ◽  
History Of ◽  
Publication Practices ◽  
Controversial Nature

The article reviews O. A. Shashkova’s ‘... Call the Mute Artifacts to Speech.’ Essays on the History of Archaeography of the 15th - Early 20th Century. Wide array of sources and broad geographical frameworks allow Shashkova to present emergence and development of Russian and European archaeography from the 15th to early 20th century intelligibly enough for educational purposes. A whole chapter is devoted to the manuscript tradition and publishing of sources before Gutenberg. When considering the formation of archaeographical tradition, the author uses comparative method. O. A. Shashkova offers a historical overview and analyzes theoretical and practical issues of archaeography. The reviewer notes the significance of the chosen topic due to a need to reconsider the development of publishing in light of modern views on archaeography and to make it accessible to students and non-professionals. She notes traditional academic approach of O. A. Shashkova to presentation of the development publication practices. The review considers the possibility of using the ‘Essays...’ in studying the history of archaeography and offers possible directions for a broader consideration of historical experience, in particular, of Novikov’s publication projects. The review notes the controversial nature of the author’s approach to systematization of her large historical material in order to consider issues concerning the study of archaeographical practices. It stresses that coverage of issues of development of methods of preparation of publications separately from its historical and practical aspects hinders successful mastering of the material by an untrained reader. It concludes that the publication has high practical value for specialists in archaeography and students.

IMPLEMENTATIONS EMERGENCY RESPONSE SYSTEM IN CASE OF ACCIDENTS AND EMERGENCY SITUATIONS (ERA-GLONASS) FOR CARS AND TRUCKS IN UZBEKISTAN

2020 ◽  
Author(s):  
Akmal Rustamov
Keyword(s):  
Emergency Response ◽  
Call Center ◽  
Emergency Services ◽  
Main Idea ◽  
Emergency Situation ◽  
High Mountain ◽  
Additional Information ◽  
Emergency Situations ◽  
Emergency Response System ◽  
Response System

The paper addresses the problem of increasing transportation safety due to usage of new possibilities provided by modern technologies. The proposed approach extends such systems as ERA-GLONASS and eCall via service network composition enabling not only transmitting additional information but also information fusion for defining required emergency means as well as planning for a whole emergency response operation. The main idea of the approach is to model the cyber physical human system components by sets of services representing them. The services are provided with the capability of self- contextualization to autonomously adapt their behaviors to the context of the car-driver system. The approach is illustrated via an accident emergency situation response scenario. “ERA-GLONASS” is the Russian state emergency response system for accidents, aimed at improving road safety and reducing the death rate from accidents by reducing the time for warning emergency services. In fact, this is a partially copied European e Call system with some differences in the data being transmitted and partly backward compatible with the European parent. The principle of the system is quite simple and logical: in the event of an accident, the module built into the car in fully automatic mode and without human intervention determines the severity of the accident, determines the vehicle’s location via GLONASS or GPS, establishes connection with the system infrastructure and in accordance with the protocol, transfers the necessary data on the accident (a certain distress signal). Having received the distress signal, the employee of the call center of the system operator should call the on-board device and find out what happened. If no one answers, send the received data to Sistema-112 and send it to the exact coordinates of the team of rescuers and doctors, and the last one to arrive at the place is given 20 minutes. And all this, I repeat, without the participation of a person: even if people caught in an accident will not be able to independently call emergency services, the data on the accident will still be transferred. In this work intended to add some information about applying system project in Uzbek Roads especially mountain regions like “Kamchik” pass. The Kamchik Pass is a high mountain pass at an elevation of 2.306 m above the sea level, located in the Qurama Mountains in eastern Uzbekistan and its length is about 88km.The road to reach the pass is asphalted, but there are rough sections where the asphalt has disappeared. It’s called A373. The old road over the pass was by passed by a tunnel built in 1999. On the horizon, the snow-capped peaks of the Fan Mountains come into view. The pass is located in the Fergana Valley between the Tashkent and Namangan Regions.

From Competition to Cooperation: A History of Canada–US National Park Relations

2019 ◽  
Author(s):  
Terence Young ◽  
Alan MacEachern ◽  
Lary Dilsaver
Keyword(s):  
National Parks ◽  
National Park ◽  
The United States ◽  
The Us ◽  
Park Service ◽  
Settler Societies ◽  
History Of ◽  
Relationship Of ◽  
Flow Of Information ◽  
The Relationship

This essay explores the evolving international relationship of the two national park agencies that in 1968 began to offer joint training classes for protected-area managers from around the world. Within the British settler societies that dominated nineteenth century park-making, the United States’ National Park Service (NPS) and Canada’s National Parks Branch were the most closely linked and most frequently cooperative. Contrary to campfire myths and nationalist narratives, however, the relationship was not a one-way flow of information and motivation from the US to Canada. Indeed, the latter boasted a park bureaucracy before the NPS was established. The relationship of the two nations’ park leaders in the half century leading up to 1968 demonstrates the complexity of defining the influences on park management and its diffusion from one country to another.

Functioning of Ukrainian Bureau in Washington D. C. (March 1939 – May 1940)

2019 ◽  
pp. 142-157
Author(s):  
Danylo Kravets
Keyword(s):  
New York ◽  
The United States ◽  
College Degrees ◽  
The Us ◽  
Us Government ◽  
General Functioning ◽  
History Of ◽  
Governmental Institutions ◽  
History Of Journalism ◽  
The Military

The aim of the Ukrainian Bureau in Washington was propaganda of Ukrainian question among US government and American publicity in general. Functioning of the Bureau is not represented non in Ukrainian neither in foreign historiographies, so that’s why the main goal of presented paper is to investigate its activity. The research is based on personal papers of Ukrainian diaspora representatives (O. Granovskyi, E. Skotzko, E. Onatskyi) and articles from American and Ukrainian newspapers. The second mass immigration of Ukrainians to the US (1914‒1930s) has often been called the «military» immigration and what it lacked in numbers, it made up in quality. Most immigrants were educated, some with college degrees. The founder of the Ukrainian Bureau Eugene Skotzko was born near Western Ukrainian town of Zoloczhiv and immigrated to the United States in late 1920s after graduating from Lviv Polytechnic University. In New York he began to collaborate with OUN member O. Senyk-Hrabivskyi who gave E. Skotzko task to create informational bureau for propaganda of Ukrainian case. On March 23 1939 the Bureau was founded in Washington D. C. E. Skotzko was an editor of its Informational Bulletins. The Bureau biggest problem was lack of financial support. It was the main reason why it stopped functioning in May 1940. During 14 months of functioning Ukrainian Bureau in Washington posted dozens of informational bulletins and send it to hundreds of addressees; E. Skotzko, as a director, personally wrote to American governmental institutions and foreign diplomats informing about Ukrainian problem in Europe. Ukrainian Bureau activity is an inspiring example for those who care for informational policy of modern Ukraine.Keywords: Ukrainian small encyclopedia, Yevhen Onatsky, journalism, worldview, Ukrainian state. Keywords: Ukrainian Bureau in Washington, Eugene Skotzko, public opinion, history of journalism, diaspora.

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