scholarly journals EVOLUTION OF ADMINISTRATIVE LAW AND ADMINISTRATIVE AND LEGAL DOCTRINE IN THE REPUBLIC OF BELARUS SINCE INDEPENDENCE

2019 ◽  
pp. 118-132
Author(s):  
Oleg Schirinsky
Keyword(s):  
Soviet Union ◽  
Public Administration ◽  
Former Soviet Union ◽  
Legal Status ◽  
Distinct Type ◽  
Administrative Law ◽  
Soviet Period ◽  
Administrative Procedure ◽  
Regulatory Mandates ◽  
The Government

In Belarus, the national doctrine of administrative law has been oriented to a large extent towards the Soviet and modern Russian legal traditions, albeit with some distinct contextual features. In this work, we review the positions of some of the most authoritative scholars, and make a number of summative judgements and conclusions. The primary aim of administrative law is to provide and create a regulatory framework for the exercise by the government authorities of their mandate and powers. The objective of administrative law is to govern and regulate the interactions between the executive power and other legal subjects in the performance of its functions. In the Belarusian doctrine, the predominant position of most scholars is that the scope of administrative law should include the administrative legal relations arising in the course of the exercise by the public administration bodies of their administrative functions, including of regulatory mandates towards external bodies, and in relation to the enjoyment by the citizens of their rights and liberties. In Belarus, the system of administrative law is customarily understood as an ordered framework composed of institutions, norms and domains, which may be divided into four sections. The first section encompasses the institutions that determine the legal status in the area of public administration of the citizen, of state bodies, of non-governmental organizations and of civil servants, it also incorporate the institutions that exercise control over the subjects of administrative law. The second section encompasses the regulations that govern liability under administrative law. The third section incorporates the norms of administrative procedure. The fourth section includes provisions that constitute the administrative legal framework for the management of the economy, socio-cultural and other spheres. Each section is comprised of the relevant legal institutions and sectors. The greatest challenge for administrative law of in Belarus seems to be the definition of the administrative procedure, which has not changed since the Soviet period. The alternative propositions presented in this work are of a purely theoretical character and should eventually be superseded by a legal definition, which views it as a distinct type of legal procedure governed by the norms of administrative procedure law grounded mainly in the Code of Execution Procedure for administrative torts. The legal term “administrative procedure” in Republic of Belarus is still identical to the concepts “administrative tort procedure” or “procedure for the hearing of administrative tort cases”. The main method of this study is that of integrated comparative analysis, with elements of the historical and formal-logical method. As a part of a comprehensive study in administrative law in the former Soviet Union, this work is intended to make a contribution to academic debate, by deepening and broadening its scope.

Ideology and alphabets in the former USSR

2006 ◽  
Vol 30 (2) ◽  
pp. 99-125 ◽  
Author(s):  
Mark Sebba
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Autonomous Systems ◽  
Soviet Period ◽  
Turkic Languages ◽  
The Russian Federation ◽  
The Government ◽  
Language Law ◽  
Former Ussr

In 2002 the Russian parliament passed a law requiring all official languages within the Russian Federation to use the Cyrillic alphabet. The legislation caused great controversy and anger in some quarters, especially in Tatarstan, the Russian republic whose attempt to romanise the script for the Tatar language provoked the new law. This paper examines the background to these recent events in the former Soviet Union, showing how they provide a contemporary illustration of the ways that linguistic (in this case, orthographic) issues can interact with ideologies and discourses at the political and social levels. The paper takes an approach which treats orthography and script selection as social practices which are amenable to sociolinguistic analysis, even though they are more commonly modelled as autonomous systems (or “neutral technologies”) which can be detached from their social context (cf. Street’s “ideological” and “autonomous” models of literacy). The article begins with a very brief overview of the early twentieth-century changes of script from Arabic to Roman and then to Cyrillic, which affected most of the Turkic languages, including Tatar, and an account of the trend to return to the Roman alphabet in the immediate post-Soviet period. It goes on to describe the circumstances of the decision by Tatarstan to introduce the script change, and the resulting backlash from the government of the Russian Federation, in the form of a new language law. It then goes on to analyse the discourses which underlie this story of rebellion and reaction. In particular, the following discourses are identified and discussed: unity and membership (the discourse of belonging), technology and globalisation, cultural heritage (change and permanence), Cyrillic as “defective”/Cyrillic as a conduit for Russian lexis, romanisation as a threat to the integrity of Russia and its language. It is noted that many of the discourses present in the Tatarstan case are also found in other debates over orthographies elsewhere.

scholarly journals Between Berlin and Moscow: Polish Western Thought in the Twenty-Year Interwar Period

2020 ◽  
Vol 8 (2) ◽  
Author(s):  
Marek Masnyk
Keyword(s):  
Soviet Union ◽  
Everyday Life ◽  
Former Soviet Union ◽  
Soviet Period ◽  
Russian History ◽  
Imperial Period ◽  
Academic Publications ◽  
History Of ◽  
History Of Culture ◽  
The Russian Empire

This article deals with the professional discussion about the so-called “difficult questions” of Russian history that involves historians and teachers in the now independent republics of the former Soviet Union and Eastern Block. Both academic publications and teaching books are used as primary sources for the study. In the first section, the author studies several problems connected with the origin of Russian statehood, the Varangian question, and civilizational characteristics of East Slavic nations. The second section is devoted to the Russian imperial past and especially to the discourse on colonialism, which is often used as an explanatory model for the imperial period by historians and textbook authors in some of the post-Soviet countries. The third section is concerned with the conception of the 1917 revolution. The author emphasizes the fact that the conception of a continuous revolutionary process (1917–1922) has yet to be accepted by Russian secondary schools. In this part, the author considers several other factors significant for understanding the revolutionary process including issues such as the origins of the First World War and the developmental level of the Russian Empire in the early twentieth century. In the fourth section, the article discusses the conception of the 1930s Soviet modernization along with negative opinions about the Soviet period given by scholars of different former Soviet republics. In the fifth section, the author briefly observes contemporary studies of culture and everyday life. It is concluded that the history of culture is not represented well in Russian school textbooks, and it is also found that the studies on everyday life are often lacking in depth. Discussing various “difficult questions” of Russian history, the author highlights controversial historical ideas and opinions, formulated in the post-Soviet countries during the last decades.

scholarly journals Mechanisms of public administration in post-soviet societies

2021 ◽  
Vol 5 (S2) ◽  
pp. 354-365
Author(s):  
Sergii A. Vavreniuk ◽  
Oleksandr M. Nepomnyashchyy ◽  
Oleksandra A. Marusheva ◽  
Iryna A. Lahunova ◽  
Svitlana M. Shostak
Keyword(s):  
Soviet Union ◽  
Public Administration ◽  
Former Soviet Union ◽  
Distinctive Features ◽  
Current State ◽  
Independent States ◽  
Modernization Process ◽  
Former Ussr ◽  
Newly Independent States

This article focuses on the problem of public administration in the countries of the former Soviet Union. It reveals the economic development issues of the states of the post-Soviet space, considers the main common and distinctive features for the newly independent states. The central problem raised in the article is the determination of the current state of the modernization process in post-Soviet societies. The author assumes the presence of demodernization and presents an argument in confirming his opinion. In addition, the article reveals the issues of the modern political state of such countries of the former USSR as Russia, Ukraine and Uzbekistan. The author traces the process of demodernization and dependence of political and social development on the governing elitist groups, leading to authoritarianism as opposed to the supposed democracy and modernization.

scholarly journals Activities of Non-Governmental Organisations Aimed at Conflict Settlement in Post-Soviet States

2020 ◽  
Vol 8 (2) ◽  
Author(s):  
Alexander Nikitin ◽  
Irina Bolgova ◽  
Yulia Nikitina
Keyword(s):  
Soviet Union ◽  
The State ◽  
Soviet Period ◽  
Public Interests ◽  
The Soviet Union ◽  
International Environment ◽  
International Projects ◽  
The Government ◽  
Public Organisations ◽  
Set Up

This article analyses the peace-making activities of Soviet/Russian nongovernmental public organisations (NGOs) with reference to the Federation for Peace and Conciliation, the successor of the Soviet Peace Committee. NGOs were formed at the initiative of the state and party organs of the Soviet system but were transformed into independent NGOs after the collapse of the USSR with their own active strategy of assistance in conflict resolution. This study is based upon unique archive materials and the personal experience of one of the authors, who used to work for such organisations. The study focuses on the ethnopolitical conflicts which took place between the collapse of the USSR and the mid‑1990s. There is a widespread opinion in academic literature that so-called non-governmental organisations set up by the government do not have their own identity, especially during social crises, and passively follow the government’s political line. However, the study of their activities demonstrates that during the first years after the dissolution of the Soviet Union, these organisations initiated a significant number of practical and political projects with the participation of high-ranked representatives of the governments, parliaments, and political parties of both post-Soviet and foreign states and international organisations, including the UN, OSCE, NATO, CIS, etc. This, in turn, played a role as a substantial supplement to classical interstate diplomacy and practically promoted the settlement of certain ethnopolitical conflicts. The archive materials analysed prove that in the early post-Soviet period, a certain inversion in the direction of political and ideological impulses took place, and a number of non-governmental organisations that used to transmit the interests of the Communist Party and state organs to the international environment were able to create new international projects and consultations in the form of “track one-and-a-half” diplomacy, i. e. the informal interaction of officials in the capacity of unofficial experts. And in such cases, it was NGOs which shaped the agenda and transmitted public interests to the state structures of Russia and the CIS states, mediating between fighting sides and amongst representatives of various states, practically assisting the settlement of ethnopolitical conflicts.

scholarly journals What Do Banks, Rural Credit Institutions, and Regulators Infer from the Current Strengths and Standing of Indonesian SMEs?

2020 ◽  
Vol 22 (1) ◽  
pp. 1 ◽  
Author(s):  
Jenri Panjaitan ◽  
Muhadjir Darwin ◽  
Indra Bastian ◽  
Sukamdi Sukamdi
Keyword(s):  
Social Cognition ◽  
Soviet Union ◽  
Former Soviet Union ◽  
Readiness For Change ◽  
Organizational Readiness ◽  
Regulatory Body ◽  
Organizational Readiness For Change ◽  
Shifting Balance ◽  
Optimal Distinctiveness ◽  
The Government

This study investigates whether the Indonesian regulators control Indonesian small and medium-sized enterprises (SMEs) with matching or mismatching empowerment strategies, in light of their strengths and current standing. Indonesian SMEs contributed approximately 60.34% to Indonesia’s gross domestic product (GDP) in 2018. In addition, Indonesian regulators have focused on financial support through credit policies and tax incentives. Indonesian SMEs have been standing on organizational readiness and readiness for change, based on their social networks and social cognition. It collected thirteen informants with different expertise and experiences. This study’s results suggest Indonesia’s regulatory body and financial institutions should consider the SMEs’ social cognition and organizational readiness for change. According to the current situation, to empower Indonesian SMEs, we recommend strategies such as achieving knowledge supremacy, creating an economic development board, as in Singapore, formulating comprehensive industry-wide policies, adopting omnibus laws, and implementing a shifting balance strategy. In other words, the Indonesian regulators should implement major reforms, which are similar to glasnost and perestroika in the former Soviet Union. This is to enhance Indonesian SMEs and achieve the goal of the Government of Indonesia (GoI) with respect to the optimal distinctiveness of Indonesia’s future economy. This optimal distinctiveness refers to the GoI’s policies, which focused on knowledge supremacy, an industry-wide regime, and research for empowerment.  

scholarly journals Legal status of diplomatic workers: rights, state guarantees, encouragement

2013 ◽  
pp. 121-126
Author(s):  
T. A. Zanko
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Comparative Research ◽  
Legal Status ◽  
Legal Regulation ◽  
Foreign Countries ◽  
The Russian Federation

This article provides an analysis of the legal status of diplomats in the Russian Federation with regard to their rights, safeguards and rewards. These elements are presented through the prism of comparative research of more than a dozen countries and consider the experience of diplomatic service legal regulation in the former Soviet Union countries as well as in other foreign countries.

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

Proceduralism and Automation

2020 ◽  
pp. 275-298 ◽  
Author(s):  
Carol Harlow ◽  
Richard Rawlings
Keyword(s):  
Artificial Intelligence ◽  
Public Administration ◽  
Judicial Review ◽  
Due Process ◽  
Case Law ◽  
Administrative Law ◽  
Paradigm Change ◽  
Technological Revolution ◽  
Administrative Procedure ◽  
The Impact

In this chapter, we argue that administrative procedure has become a central organising concept for administrative law. Our first theme is the steady proceduralisation of public administration experienced in recent years, in the framework of a relationship between courts and administration which we present as a two-way, non-hierarchical process. We look first at internal drivers to proceduralisation emanating from administration, notably the managerial reforms of the 1980s and the rise of regulation as a standard governance technique. We then turn to the contemporary case law of judicial review, focussing on the judicial response to, and stimulus for, administrative proceduralism. Our second theme is the idea of procedures as a repository for values and of values as an important, though often subliminal, driver of administrative procedure. We look at the potential for exchange as well as dissonance between public administration and administrative law. Our third theme concerns challenges to administrative law from the technological revolution currently under way. The impact of automation on public administration was at first rather modest; today, however, technology is taking great leaps forward—from computerisation to artificial intelligence and beyond. The innovations have so far been welcomed as beneficial—faster and more consistent administration, swifter and less costly courts and tribunals. It is time to recognise that we are facing a paradigm change, in which key values and procedures of administrative law, such as transparency, accountability, individuation, and due process, will need to be supported and sustained.

scholarly journals The Analysis of Administrative Law to the Government Policy about Tax Exemption of Waqf Land Certification

2018 ◽  
Vol 54 ◽  
pp. 03005
Author(s):  
Islamiyati ◽  
R. Bondan Agung Kardono ◽  
Aditya Wirawan
Keyword(s):  
Public Administration ◽  
Government Policy ◽  
Government Regulation ◽  
Secondary Data ◽  
Administrative Law ◽  
Religious Service ◽  
Library Research ◽  
General Government ◽  
The Government

The waqf land certification is free charged whereas the general land is not. The research analyzes the article 22 from the government regulation Number 13 Year 2010 concerning the government policy of tax exemption of waqf land certification based on public administration law. The purpose of the research is to understand and to analyze the reasons of government publishing this kind of policy in the perspective of Administrative Law. The kind of research is library research, it needs secondary data, which consists of the material of primary, secondary and tertiary laws. The approach is juridical normative and the analysis is qualitative. The result of the research explains that the government publish the policy of tax exemption with the objective to make Waqf land useful for the society, to accelerate of Waqf land legalization, to protect and to optimize the function of Waqf land. This policy is one effort to understand the waqf action that having a sense of religious service as well as having law certainty. The government policy is the implementation of Administrative Law function in order to create a clean and appropriate government with the good general government principal, such as legality, equity, justice, law protection, wisdom, general need implementation and smart action.

scholarly journals “Public Administration” in the Latvian and Ukrainian Administrative and Legal Traditions

2020 ◽  
Vol 2 (17) ◽  
pp. 66-71
Author(s):  
Elena Agapova ◽  
Karina Palkova
Keyword(s):  
Public Administration ◽  
Executive Branch ◽  
Administrative Law ◽  
Administrative Procedure ◽  
Legal Traditions ◽  
American Law ◽  
Governmental Power ◽  
The Law ◽  
The Republic ◽  
Eastern European Countries

Public administration has been studied in this article from the position of administrative and legal science. The implementation of great contribution in the formation of “Public administration” theory by American law schools, which have provided a basis of modern scientific approaches, has been emphasised by the Author. During the analysis of Ukrainian and Latvian scientists’ approaches remarks on understanding of public administration, strong connection between administrative law and public administration has been revealed by the Authors. It has been established that both Latvian and Ukrainian administrative law scientists have similar approaches to understanding public administration. It has been identified as the form of realisation of the executive branch of governmental power. The functioning of public administration in the Republic of Latvia is based on the principles of the rule of law. The Author stresses that Ukraine, during holding on the reform of public administration, applies SIGMA recommendations (Support for Improvement in Governance and Management in Central and Eastern European Countries). The efficiency of the SIGMA programme in Ukraine has been proved, within the framework of which Ukrainian legislation has been brought into line and new laws have been adopted (the Law of Ukraine On Civil Service, the Law of Ukraine On Administrative Procedure). It is concluded that administrative law is one of the main tools through which public administration is carried out in the Republic of Latvia and Ukraine. Rakstā ir analizēts valsts pārvaldes institūts un tā kopīgās un atšķirīgās iezīmes Latvijas un Ukrainas kontekstā, veicot zinātnieku viedokļu analīzi un īpaši uzsverot lielo Amerikas Savienoto Valstu zinātnisko ieguldījumu valsts pārvaldes teorijas veidošanā, kas ir pamats mūsdienu zinātniskajām pieejām. Saskaņā ar Valsts pārvaldes iekārtas likumu Latvijā valsts pārvalde ir organizēta vienotā hierarhiskā sistēmā, un neviena iestāde vai pārvaldes amatpersona nevar atrasties ārpus šīs sistēmas. Valsts pārvaldes darbība Latvijā balstās uz likuma varas principiem. Savukārt Ukrainas pieeja valsts pārvaldes politikas īstenošanai ir atšķirīga, respektīvi, pārvaldes reformas ietvaros Ukraina īsteno SIGMA (Support for Improvement in Governance and Management) sniegtus ieteikumus, kā rezultātā Ukrainas tiesību aktos ir veiktas jaunas iestrādes un pieņemta virkne jaunu likumu, piemēram, Ukrainas likums “Par civildienestu” un Ukrainas likums “Par administratīvo procesu”. Darba nobeigumā secināts, ka, neraugoties uz valstu tiesību sistēmu atšķirībām, administratīvās tiesības ir viens no galvenajiem instrumentiem, ar kuru starpniecību Latvijas Republikā un Ukrainā tiek realizēta valsts pārvaldes funkcija.

Sign in / Sign up

Export Citation Format

Share Document