scholarly journals Tendencies of the Regulation of the Conflict of Interests Institution as an Instrument of Control over Loyalty of Political Elites and the Mechanism Guaranteeing the Trust of the Society in Government in Some Countries of the Former USSR

2021 ◽  
Vol 1 ◽  
pp. 51-58
Author(s):  
Inga A. Starostina ◽  
Keyword(s):  
Comparative Analysis ◽  
Legal Regulation ◽  
Constitutional Reform ◽  
Political Elites ◽  
Conflict Of Interests ◽  
The Public ◽  
Former Ussr

The article is dedicated to the modern practices of the legal regulation of the conflict of interests institution ensuring the trust of the society in the public government in some countries of the former USSR within the framework of the 2020 multi-vector constitutional reform in Russia. A comparative analysis is used to single out peculiarities of the statutory and doctrinal approaches in ensuring loyalty of political elites and the mechanism ensuring mutual public-state trust in the countries of the former USSR.

scholarly journals The concept of «conflict of interest» in the administrative law of the Russian Federation

2020 ◽  
Vol 15 (4) ◽  
pp. 118-129
Author(s):  
E. V. Okhotsky
Keyword(s):  
Conflict Of Interest ◽  
Well Being ◽  
Research Problem ◽  
Legal Regulation ◽  
Conflict Situation ◽  
The State ◽  
Negative Consequences ◽  
Conflict Of Interests ◽  
The Public ◽  
Interest Policy

Introduction. The analysis of the nature, conditions and reasons for the occurrence and practice of resolving (preventing and settling) conflict of interest issues is not only an important applied, but also significant research problem. Situations related to conflict of interest issues, both in the public-state and private sectors, have given rise not only to special scientific research, but also to legislative regulation and managerial practice. A number of countries have adopted special laws on conflict of interest policy norms, established office of state commissioner for conflict of interest policy, and introduced rules regulating employee conflict of interest policy.Materials and methods. The source of the research is regulatory, theoretical, educational, scientific, journalistic works by domestic and foreign authors. The theoretical and methodological basis is the dialectical-materialistic approach to the analysis of the essence of social phenomena, the laws of their development, the features of legal regulation and the controlling effect on them. The research tools are classical: comparative legal analysis, formal logical, concrete historical and system-functional methods. The results of the study. The article presents the author’s interpretation of the of “conflict of interests” concept. Its essence is a conflict situation between public law obligations and individual’s interests, which provokes situations in which the interests of one person lead to potential or real harm to the rights, freedoms and legitimate interests of others persons. Conclusion: the conflict of interests must be managed, which means that it is timely to identify, diagnose, objectively assess possible risks and negative consequences, take adequate organizational and legal measures to resolve the conflict situation. If a public servant does not serve, in accordance with his status and powers, the public and the state, but only cares about his/her own well-being, then such public employees must be dismissed from public office.Discussion and conclusion. Improving the mechanisms for identifying, qualifying, regulating the suppression and punishment of perpetrators, eliminating the negative consequences of breaching the conflict of interest policy are strategically important and rather difficult tasks that challenge not only the state, the law enforcement system and local authorities, but also business, civil society institutions and every citizen . Its solution requires systematic monitoring, comprehensive analysis, decisive and coordinated actions.

scholarly journals The Public Power System in the Russian Federation: New Approaches to Legal Regulation under the Constitutional Reform

Lex Russica ◽  
2020 ◽  
pp. 42-53
Author(s):  
S. S. Zenin
Keyword(s):  
Power System ◽  
Russian Federation ◽  
Constitutional Law ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Reform ◽  
Public Power ◽  
Checks And Balances ◽  
The Public ◽  
The Russian Federation

The paper is devoted to the examination of the Russian system of public power in the context of the constitutional reform. The aim of the study is to carry out a comprehensive theoretical and legal analysis of the current state of consolidation of the public power system in Russia under constitutional law. The author has examined the regulatory legal acts that mediate the implementation of the constitutional reform in Russia; doctrinal sources and significant foreign experience relevant to the subject matter of the study. Methodologically, the study is based on general philosophical, general scientific, private scientific, special scientific methods. The paper defines the fundamental properties of the system of public power enshrined in the Constitution of the Russian Federation with due regard to such parameters as the peculiarities of the construction of federal relations as the fundamental functions and powers of public authorities allocated vertically, the state of the system of separation of powers in the context of checks and balances, the level of legal protection and autonomy of local authorities. The author has determined that the constitutional reform regarding the consolidation of the system of public power has encouraged development and strengthening of the principle of subsidiarity when differentiating jurisdictions and powers in relations between the state authorities of the Russian Federation and its constituent entities; clarification of the spatial limit of the governmental rule of the Federation by means of constitutional legitimation of Federal Territories; creation of the basis for overcoming the “conflict of competences (jurisdictions)” between state and municipal levels of power in order to ensure the constitutional law balance between the branches of state power at the federal level to prevent the development of non-systemic conflicts in the system of checks and balances and the emergence of constitutional crises of power. A suggested system of public power retains the necessary discretionary mechanisms to adjust the mechanism of its individual elements in order to achieve a balance between public functions, powers and tasks to be solved.

The Noise Abatement Campaign in Industrializing Japan, 1923–37

Resonance ◽  
2020 ◽  
Vol 1 (3) ◽  
pp. 298-327
Author(s):  
Shuhei Hosokawa
Keyword(s):  
Public Opinion ◽  
Legal Regulation ◽  
Public Realm ◽  
Political Responsibility ◽  
Noise Abatement ◽  
Public And Private ◽  
The Public ◽  
Causal Responsibility ◽  
Kanto Earthquake ◽  
Definition Of

Drawing on Karin Bijsterveld’s triple definition of noise as ownership, political responsibility, and causal responsibility, this article traces how modern Japan problematized noise, and how noise represented both the aspirational discourse of Western civilization and the experiential nuisance accompanying rapid changes in living conditions in 1920s Japan. Primarily based on newspaper archives, the analysis will approach the problematic of noise as it was manifested in different ways in the public and private realms. In the public realm, the mid-1920s marked a turning point due to the reconstruction work after the Great Kantô Earthquake (1923) and the spread of the use of radios, phonographs, and loudspeakers. Within a few years, public opinion against noise had been formed by a coalition of journalists, police, the judiciary, engineers, academics, and municipal officials. This section will also address the legal regulation of noise and its failure; because public opinion was “owned” by middle-class (sub)urbanites, factory noises in downtown areas were hardly included in noise abatement discourse. Around 1930, the sounds of radios became a social problem, but the police and the courts hesitated to intervene in a “private” conflict, partly because they valued radio as a tool for encouraging nationalist mobilization and transmitting announcements from above. In sum, this article investigates the diverse contexts in which noise was perceived and interpreted as such, as noise became an integral part of modern life in early 20th-century Japan.

Bid rigging in public procurement market according to the decisions of the President of the Office of Competition and Consumer Protection

2018 ◽  
Vol 5 (2) ◽  
pp. 161
Author(s):  
Konrad RÓŻOWICZ
Keyword(s):  
Decision Making ◽  
Comparative Analysis ◽  
Consumer Protection ◽  
Design Research ◽  
Public Procurement ◽  
Appeal Chamber ◽  
Interesting Issue ◽  
Market Control ◽  
The Public ◽  
Bid Rigging

Aim: In the practice of awarding public contracts, sometimes the behavior of market actors, instead of competing with other entities, are aimed at illegal cooperation, including bid rigging. The above shows that healthy competition is not possible without efficient market control. In public procurement market this control is, primarily, carried out by public procurement entities: the President of the Public Procurement Office (Prezes UZP) and the National Appeal Chamber (KIO), and furthermore by President od the Office of Competition (Prezes UOKiK) and Consumer Protection and the Court od Competition and Consumer Protection. and Consumer Protection (SOKiK). The interesting issue is how the activities of the President of Office of Competition and Consumer Protection targeted  to contend with bid rigging affects on the activities of President of the Public Procurement Office (Prezes UZP) or the National Appeal Chamber (KIO). Design / Research methods: analysis and comparison decisions/ judgment issued by the President of the Public Procurement Office, National Appeal Chamber, the President of  the Office of Competition and Consumer Protection and the Court of Competition and Consumer Protection. Conclusions: The analysis has shown that the existence of specificities in the activities of the decision-making bodies and the judgments examined. However, in keeping with the specificity of the forms and objectives of control, these entities should cooperate, to a greater extent than before. Expanding the scope of cooperation would make it possible to better contend with bid rigging without changing the competition protection model. The introduction of institutionalized instruments for cooperation between the authorities seems to be valuable in terms of system solutions. Value of the article: The main value of the article is the comparison of selectively selected decisions and judgments representative of the problem under consideration and their comparative analysis in order to achieve the research objectives. The article deals with issues relevant to both public procurement practitioners and the state bodies dealing with procurement matters.

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

scholarly journals Assessing the Risk of Democratic Reversal in the United States: A Reply to Kurt Weyland

2021 ◽  
pp. 1-6
Author(s):  
Matias López ◽  
Juan Pablo Luna
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Boolean Algebra ◽  
Qualitative Comparative Analysis ◽  
The United States ◽  
American Democracy ◽  
Institutional Dynamics ◽  
The Public ◽  
Original Analysis ◽  
The Impact

ABSTRACT By replying to Kurt Weyland’s (2020) comparative study of populism, we revisit optimistic perspectives on the health of American democracy in light of existing evidence. Relying on a set-theoretical approach, Weyland concludes that populists succeed in subverting democracy only when institutional weakness and conjunctural misfortune are observed jointly in a polity, thereby conferring on the United States immunity to democratic reversal. We challenge this conclusion on two grounds. First, we argue that the focus on institutional dynamics neglects the impact of the structural conditions in which institutions are embedded, such as inequality, racial cleavages, and changing political attitudes among the public. Second, we claim that endogeneity, coding errors, and the (mis)use of Boolean algebra raise questions about the accuracy of the analysis and its conclusions. Although we are skeptical of crisp-set Qualitative Comparative Analysis as an adequate modeling choice, we replicate the original analysis and find that the paths toward democratic backsliding and continuity are both potentially compatible with the United States.

Reprint of: The regulation project: Tools for engaging the public in the legal regulation of drugs

2021 ◽  
Vol 91 ◽  
pp. 103279
Author(s):  
Scott E. Bernstein ◽  
Emily Amirkhani ◽  
Dan Werb ◽  
Donald MacPherson
Keyword(s):  
Legal Regulation ◽  
The Public
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