scholarly journals Scientific Concepts of a Deputy’s Mandate: Apology and Criticism

2020 ◽  
Vol 11 ◽  
pp. 41-44
Author(s):  
Natalya T. Leonenko ◽  
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
Scientific Concepts ◽  
Government Structure ◽  
The Public ◽  
Legal Nature ◽  
Historical Comparative ◽  
Representative System

The article studies the genesis of the deputy’s mandate institution. The relevancy of this subject is determined by the imperfection of the legal regulation of the institution under study; absence of clarity in its implementation; modernization of public law relations. The public government structure and the general democracy system largely depend on which type of mandate will be preferred in the Russian representative system. The purpose of the article is the research of the legal nature of the institution of mandate of a deputy of representative public government authorities and various aspects of this problem using formal legal, historical, comparative legal and logical methods.

scholarly journals Javnopravno uređenje zvanične toponimije - od državnog nivoa do nivoa lokalne samouprave / The Public Law Regulation of the Official Toponymy From State’s To Local Level

2016 ◽  
Vol 6 (6) ◽  
pp. 86
Author(s):  
Vladimir Đurić ◽  
Nevenko Vranješ
Keyword(s):  
Local Level ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Law ◽  
Place Names ◽  
The Public ◽  
Administrative Procedure ◽  
The Republic ◽  
Domestic Law ◽  
Law Regulation

It is the purpose of this paper to highlight the relation between official toponymy in comparative and domestic law. Toponymy is legally regulated. After the analyzing of the position of official toponymy in the comparative law, selected legal aspects of its regulation in the Bosnia and Herzegovina and the Republic of Srpska legal systems are presented: the constitutional regulation of the names of country, constitutive unites and capitals, the constitutional and law regulation of the official use of language and script, the legal regulation of the local-self-government unit names and official place names, as well as the administrative procedure of the place names change.

The Principle of Legal Certainty: whether there Can Be Gaps in the Public Law?

2020 ◽  
Vol 2(22) ◽  
pp. 29-36
Author(s):  
Maria A. Kapustina
Keyword(s):  
Social Relations ◽  
Real Life ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Order ◽  
Social Regulation ◽  
Legal Certainty ◽  
The Public ◽  
Legal Literature ◽  
The Moment

Legal regulation is caused by the necessity to provide legal order of social regulation. The legal order of regulation is provided by formal legal certainty of regulatory provisions (legal prescripts) and their legal substance. However, there exist relations, whose content, namely, subjective rights and juridical responsibilities of the parties are not strictly prescribed in the legislative norms. Because a legislator cannot foresee all the variety of social relations that may occur in real life and prescribe their formal and legal substance in corresponding legislative acts. In such cases, we usually talk about gaps in law, about the uncertainty of legal regulation. Gaps are taken for granted, considered as an obligatory element of any legal system. Nonetheless, whether there can be gaps in the public law, if in the public law sphere norms are created purposively? In public law, norms are created purposefully (with a goal in mind), public law institutions are artificially established and rationally modernized. The lack of a norm of a statute can mean the refusal of the legislator to legally regulate the question, at least at the moment. This is so-called in legal literature “qualified silence of the legislator” that should not be considered as a gap in law.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

scholarly journals PROVISION OF INFORMATION IN PUBLIC PROCUREMENT

2017 ◽  
Vol 4 ◽  
pp. 377
Author(s):  
Una Skrastiņa ◽  
Juris Radzevičs
Keyword(s):  
Research Methods ◽  
Public Procurement ◽  
Information Provision ◽  
Legal Regulation ◽  
Timely Manner ◽  
The Public ◽  
Exchange Of Information ◽  
Analytical Research ◽  
Common Problems ◽  
Historical Comparative

The provision of information in public procurement is the only way for both society and tenderers to obtain information about the legitimate process of public procurement. Since the exchange of information is regulated by the Public Procurement Law and other laws and regulations, it is not always clear for the involved parties how to apply this regulation in practice. As a result, information that could be accessed and received in a timely manner and could be used to defend tenderers’ interests is not asked for, and the tenderers frequently request information that is of restricted accessibility or is not unclassified. The aim of this research is to analyse the legal regulation of information provision in the public procurement field in Latvia, to detect the most common problems in practice and to give possible solutions to them. Tasks - to study the legal regulation, legal scientists’ views, problems in practice and, gathering the information, to give possible solutions to them. The descriptive, dogmatic, historical, comparative and analytical research methods were used in this research. Results - two important principles can conflict when providing information – the principle of transparency and competition. So the contracting authority should evaluate in each situation, which of them should be more important.

PRINUDNO PRIBAVLjANjE DOBARA I USLUGA SA OSVRTOM NA EKSPROPRIJACIJU (osnovne postavke)

2021 ◽  
pp. 268-289
Author(s):  
Milan Rapajić ◽  
Keyword(s):  
Public Procurement ◽  
Public Law ◽  
The State ◽  
Legal Person ◽  
Historical Aspect ◽  
Private Goods ◽  
The Public ◽  
Goods And Services ◽  
Positive Law ◽  
Legal Nature

In this paper, the author deals with the issue of forced acquisition of goods and services. The topic is approached both according to positive law and from the historical aspect. Attention is paid to various forms of confiscation of property with a special analysis of the process of expropriation of private goods and services. After public procurement, expropriation is the most common type of procurement of goods and services for the benefit of the state or the wider community. Also, expropriation, on the other hand, is a forced way of transferring the property rights of a natural or legal person on immovable property in favor of the state, which is done in the public interest and with compensation (which should be fair). Other coercive ways of acquiring property for the benefit of the state (ie public entities) are: nationalization, confiscation and arondation. However, only expropriation (from the extraordinary measures mentioned in the paper) has a wider application or significance for the regular functioning of the state, ie its public administration. The author (also) looks at the types of forced acquisition of goods and services for their temporary use. Requisition for the needs of the country's defense is of wider significance. Finally, instead of a conclusion, the legal nature of expropriation was pointed out. It is an institute of mixed legal nature - administrative law nature (public law elements) and property law nature (civil law elements). However, its public law elements prevail.

Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests

10.4335/52 ◽  
2009 ◽  
Vol 6 (2) ◽  
pp. 245-270
Author(s):  
Janez Ahlin
Keyword(s):  
Public Interest ◽  
Public Law ◽  
Public Private Partnership ◽  
Legal Order ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Interests ◽  
Legal Nature ◽  
Concession Contract

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order. KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations

Rechtliche Regulierung der Produktlebensdauer

2019 ◽  
Author(s):  
Michael Stadermann
Keyword(s):  
Environmental Impact ◽  
Life Span ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Product Life ◽  
The Public ◽  
Product Regulation ◽  
Essential Parameter ◽  
Negative Environmental Impact

The topic of this work is the lifespan of products as an object of regulation by German and European legislators. The life span of a product is an essential parameter to limit the negative environmental impact of a product. Based on this premise, the study shows possibilities to extend the lifespan of products through legal regulation in order to enable consumers to consume products more sustainably. The study first addresses the effects of current law on product life, both in civil law and in the public law of product regulation. Based on the current law, it then develops strategies for national and European legislators to regulate the longevity of products.

scholarly journals Public Law and Administration under Conditions of Hybrid Warfare (The Experience of Ukraine)

2021 ◽  
Vol 27 ◽  
pp. 195-218
Author(s):  
Taras Gurzhii ◽  
Anna Gurzhii ◽  
Adam Jakuszewicz
Keyword(s):  
National Security ◽  
Public Administration ◽  
Legal Regulation ◽  
Public Law ◽  
Administrative System ◽  
Hybrid Warfare ◽  
The Public ◽  
The World ◽  
Protection Of Human Rights ◽  
State Of Affairs

Events that took place in Ukraine in 2014 transparently demonstrated the maladjustment of the national legal and administrative system to the challenges of hybrid warfare in times of peace. Although it took into account the possibility of direct military threats, it proved not to be ready for withstanding unconventional pressure. This state of affairs significantly weakened the state’s ability to resist and led to a number of dramatic political miscalculations, organizational failures, and acute social problems. The subsequent update of the national public law and administrative system made it possible to improve the situation, but at the same time it revealed a number of pressing issues related to the need to strike a balance between the state’s commitment to ensure the protection of human rights and the necessity to protect national security. In this sense the experience of Ukraine is instructive for many countries of the world, especially for those that are the target of the geopolitical ambitions of the modern Russia. The paper discusses the public law of Ukraine in recent years with the view of highlighting some key problems of legal regulation, as well as identifying some promising ways to develop public administration so that it is capable of effectively coping with the threats of hybrid warfare.

scholarly journals Robotization: Dynamics of legal regulation

2020 ◽  
Vol 11 (3) ◽  
pp. 532-549
Author(s):  
Yuriy A. Tikhomirov ◽  
◽  
Saria B. Nanba ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Person ◽  
Complex Nature ◽  
Technical Documentation ◽  
Legal Personality ◽  
The Public ◽  
Social Sphere ◽  
Legal Nature ◽  
Legal Risks ◽  
Self Development

The article analyzes the legal basis of robotization. The regulation features in this area are formulated due to the complex nature of the relationship. The legal problems of robotization in various areas of public life are given consideration: economics, labor relations, industry, and transport. The authors investigate the legal nature of managing state affairs in connection with the robotization process. Achieving high goals requires systematic consistent activity in all sectors of the economy and social sphere. This involves, firstly, general regulators, and secondly, the development of robotization in individual industries and fields, at enterprises and companies on a territorial scale. In particular, such is the experience of larger enterprises and here local regulators are necessary. It is proposed to formulate a system of legal support for robotization. The variation of robotization and its legal support is substantiated. In this regard, the role of methodological recommendations of the federal authorities should be combined with the updating and streamlining of departmental regulatory and technical documentation in electronic form. The problem of regulatory risks is becoming more relevant and the authors distinguish three types of possible risks in the field of robotization: traditional legal risks (violation of the legal system, criteria for choosing a legal personality, the absence of forecasting consequences and the presence of conflicts, etc.); risks as a result of flaws in the interaction of man and robot (unclear decision-making modes, poor “embeddedness” regarding dialogue modes in the control mechanism, underestimation of functional modes, etc.); risks of a program- technical nature, when errors in programs and the use of robots require their warning due to the clear regulation of objects of activity. The conclusions reached by the authors are that the robotic processes are planned and phased in the context of managing the public process; different branches of law are designed to ensure the functioning of robots; it is necessary to investigate the consequences of robotization for a “legal person”, its self-development, as well as new areas of the influence of law in place of the former.

scholarly journals Legal Regulation of Public-Private Partnership in Russia and Other Countries of the Eurasian Economic Union

2019 ◽  
Vol 7 (3) ◽  
pp. 53-81
Author(s):  
Valeriy Lisitsa ◽  
Svetlana Moroz
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
Public Private Partnership ◽  
Private Partnership ◽  
The Public ◽  
Eurasian Economic Union ◽  
Private And Public ◽  
Independent States ◽  
Economic Union ◽  
Model Law

This article examines comparatively legislation on the public-private partnership in the countries of Eurasian Economic Union and the relationship with Model Law “On Public-Private Partnership” adopted within the framework of the Commonwealth of Independent States. It is argued that the national acts of such countries could be improved and harmonized by developing their categorial apparatus and the extension of permissive regulation of public-private partnership. The legal qualification of an agreement on public-private partnership and other investment contracts with the participation of the State stipulated in other laws is also examined. It is concluded that such agreements comprise not only private, but also public law elements and might be regulated in special legislation containing rules of civil and public law on the basis of balancing private and public interests in public-private partnership.

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