scholarly journals Współdziałanie organów administracji rządowej i samorządowej w stanach nadzwyczajnych

2016 ◽  
Vol 106 ◽  
pp. 83-94
Author(s):  
Jerzy Korczak
Keyword(s):  
Great Influence ◽  
Normal Functioning ◽  
Public Authorities ◽  
Relational Systems ◽  
The Will ◽  
Hierarchical Dependency

COOPERATION BETWEEN GOVERNMENTAL AND SELF-GOVERNMENTAL ADMINISTRATION DURING EXTRAORDINARY MEASURESThe system of territorial self-government is based on independence of its tiers — communes, districts and voivodships — which is expressed in their independence in two relational systems: between tiers within the system of territorial self-government, and between tiers of local self-government and governmental authorities. However, at the same time, independence does not exclude their cooperation in both relational systems because agreements, unions, and associations, in which tiers of territorial self-government participate, and also associations of tiers of territorial self-government with governmental authorities, allow for common performance of public tasks or for their delegation. The above-mentioned forms are not initiated without the will of tiers of local self-government and they do not build hierarchical dependency between their participants. The imposition of every extraordinary measure has a great influence on those relations because, despite the declaration of normal functioning of public authorities in case of the imposition of extraordinary measure, not only extraordinary competences of heads of the communes and starost’s in relation to entities functioning on the territory of their jurisdiction arise but also atypical relations between starost, commune head, and governor, and even between central authorities and starost. The aim of this article is to identify and analyze the mentioned relations which are provided by provisions of acts regulating conditions of imposition of every extraordinary measure.

scholarly journals ПОЛІТИКО-ПРАВОВІ АСПЕКТИ ЗАКОНОДАВЧОГО ЗАБЕЗПЕЧЕННЯ ВИБОРЧОГО ПРОЦЕСУ В СУЧАСНІЙ УКРАЇНІ

2019 ◽  
pp. 134-144
Author(s):  
Г. М. Нечаєва
Keyword(s):  
State Power ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
The Status ◽  
The Will ◽  
Points Of View ◽  
Democratic Principles ◽  
The Stability

This article examines the stages of the electoral process based on the legislation of Ukraine on elections since the proclamation of independent Ukraine until now. Considerable attention is paid to the disclosure of the concept of "electoral process", since democracy and the legitimacy of the entire system of public authorities depend to the electoral democracy. On the basis of various points of view of scientists, scholars of lawyers it can be concluded that the electoral process as a legal category is an independent legal institution of constitutional law, which should be understood as a set of constitutional and procedural norms governing the formation of representative bodies of the state and other elected bodies of state power and bodies of local self-government, election of state officials. The issue of the legislative support of the electoral process in Ukraine, the problem of the formation of a system of electoral legislation in Ukraine on the basis of which the electoral process takes place - elections of the President of Ukraine, people's deputies of Ukraine, deputies of local councils and village, town and city mayors. Adequate reflection of the will of the citizens on the formation of a system of government, the creation of conditions for free and deliberate expression of will require not only the legislative consolidation of the principles of free and fair elections, but also detailed legal regulation of procedures for conducting an election campaign, determination of the status of the subjects of the electoral process, their rights and obligations defining the results of elections, etc. The necessity of formation and establishment of a stable electoral culture of voters and the stability of electoral legislation for ensuring the proper realization of the electoral rights of Ukrainian citizens is indicated. However, the main problem is not so much in adopting laws that would comply with generally accepted democratic principles, but in ensuring compliance with these principles in practice, which does not always lie in the field of legislative regulation. In order to ensure legality in the process of organizing and holding elections, the functioning and interaction of all branches of state power, local self-government bodies and public associations must be agreed upon.

scholarly journals THE DYNAMISM OF ENGLISH AS A GLOBAL LANGUAGE IN POST-GENOCIDE RWANDA

2017 ◽  
Vol 3 (1) ◽  
pp. 101
Author(s):  
Jacques Lwaboshi Kayigema ◽  
Davie E. Mutasa
Keyword(s):  
Great Influence ◽  
External World ◽  
Official Language ◽  
Language Of Instruction ◽  
The World ◽  
The Will ◽  
Global Language

English, as global language, has had great influence over most languages of the world for nearly two centuries now. The expansion of English is no exception in Rwanda, though. For the last two decades, the importance of English has been felt in the day to day activities of Rwanda. English became a third official language in Rwanda just after the 1994 genocide and a compulsory language of instruction since January 2009. This paper discusses the use of English in post-genocide Rwanda and its impact on French, over a borrowing one, Kinyarwanda and French. English has risen sharply for the last two decades because of the will of the Rwandan government to find ways of communicating with the external world in a more powerful language, English, than the previously predominant one, French. It also highlights major domains where English speaks of its strength and the factors that led to the spread of English.

scholarly journals La tutela constitucional de las personas con discapacidad // The constitutional protection of persons with disabilities

2017 ◽  
Vol 1 (100) ◽  
pp. 1027
Author(s):  
Héctor Álvarez García
Keyword(s):  
Constitutional Court ◽  
Public Authorities ◽  
Persons With Disabilities ◽  
International Convention ◽  
Constitutional Protection ◽  
Spanish Constitution ◽  
Universal Accessibility ◽  
The Social ◽  
Free Development ◽  
The Will

Resumen:El trabajo principia con un recorrido histórico por los distintos modelos implementados por los poderes públicos para abordar el fenómenode la discapacidad, que culmina con el paradigma mixto —médico y social— plasmado en la Constitución española de 1978. El artículo interpreta las «normas de contenido social» de la Constitución, a la luz del Convenio Internacional sobre los Derechos de las Personas con Discapacidad y de la doctrina del Tribunal Constitucional, al objeto de determinar el contenido y alcance de la tutela constitucional de la capacidad de obrar de las personas con discapacidad, imprescindible para garantizar el libre desarrollo de la personalidad a este numeroso grupo de ciudadanos, cuyas vidas han sido tradicionalmente gobernadas por la voluntad ajena, cuando no directamenteprivados de libertad mediante su institucionalización.Summary:1. Historical paradigms. 1.1 Eugenic. 1.2 Medical. 1.3. Social. 2. The constitutional model. 3. The exercise of rights. 3.1 Introduction. 3.2 The International Convention on the Rights of Persons with Disabilities. 3.3 Equal legal capacity. 3.4 Universal accessibility. 4. Bibliography.Abstract:The work begins with an historical journey through the different models implemented by public authorities to address the phenomenon of disability. This journey culminates with the mixed paradigm —medical and social— embodied in the Spanish Constitution of 1978. The article interprets the «social protections norms» of the Constitution, in the light of the International Convention on the Rights of Persons with Disabilities and the doctrine of the Constitutional Court, in order to determine the content and scope of constitutional protection of the capacity to act of persons with disabilities. This is essential to ensure the free development of the personality of this large group of citizens, whose lives have traditionally been governed by the will of others, if not been directly deprived of their liberty through their institutionalization.

scholarly journals Changing the manner of electing the President of the Republic of Kosovo

2021 ◽  
Vol 23 ◽  
pp. 354-364
Author(s):  
Driola Susuri ◽  
Kadri Kryeziu
Keyword(s):  
Political Parties ◽  
Presidential Elections ◽  
Fundamental Principle ◽  
Normal Functioning ◽  
Parliamentary System ◽  
The People ◽  
The Will ◽  
The Republic ◽  
The Government ◽  
And Control

The Constitution of the Republic of Kosovo in its basic provisions has constituted the principle of separation and control of the balance between state powers as a fundamental principle of democracy, by designating representative bodies belonging to state powers such as Parliament, Government, and Judiciary. In addition, the Constitution sanctions other state bodies that have a constitutional character and together create the form of governance in the Republic of Kosovo. Among them also the President functions as a constitutional body exercising the executive duty and having ceremonial competencies. The President in Kosovo is a neutral authority because he/she is a representative of the people’s unity. The authorities in Kosovo create a "check and balance" among themselves for the normal functioning of the state. Kosovo is considered a parliamentary Republic, not sanctioned by the constitution but implied based on the decision of the Parliament of the Republic of Kosovo.In addition to electing the Government, the Parliament also elects the President of the Republic, so in this study, we will address the function of the President, the exercise of his duties, his competencies, and his relationship with other state bodies. We will also analyze the system of governance and the principle of separation and balance of powers, with special emphasis on the constitutional position of the President in the Republic of Kosovo. Among other things, we will address in particular the complexity of the procedures for the election of the President of the Republic of Kosovo. Considering the ongoing problems that have accompanied the presidential elections in the Republic of Kosovo and that continue to be so, it is necessary to clarify whether “the constitutional reform initiative for the President of the Republic of Kosovo to be voted by the people is considered the most current and best way of overcoming the present parliamentary stalemate in the election of the candidate for the President of the Republic, as well as whether the implementation of this reform is conditioned by the will of the political parties and the people”. In general, from the stated scientific elaboration of the topic, we can conclude that the intention of this paper consists in determining the constitutional regulation of the institution of the President of the Republic of Kosovo applied in the parliamentary system, empirical elaboration of problems that accompanied the election of presidents in the Republic of Kosovo as well as the immediate need to change the manner of electing the President of the Republic of Kosovo.

scholarly journals Rational Wizards

2013 ◽  
Vol 2 (4) ◽  
pp. 68
Author(s):  
Jérôme Bourdon ◽  
Cécile Méadel
Keyword(s):  
Prime Minister ◽  
Democratic Legitimacy ◽  
Public Broadcasting ◽  
Audience Research ◽  
Public Authorities ◽  
The Public ◽  
Popular Book ◽  
Distribution Of Resources ◽  
The Will ◽  
And Training

This paper will tell the story of the smallgroup of people who, in France, have been in charge of the measurement and theappreciation of the audience of television, and had to invent audience research,to organize it and to communicate its results to "clients" whodepended on it much earlier than usually assumed: television managers andprofessionals, public authorities, and, last but not least, advertisers. The paper will explore both change andcontinuity. First, change: the professional origin and training of measurerschanged much over the years. In the early days, they could have an almostliterary profile. The first person in charge of the audience at the RadioTélévision Française was a teacher of philosophy. His followers had a formationin sociology and semiology. They all insisted on the fact that they were not"simply" measurers, and also worried about appreciation, quality,culture. They always figures did produce figures, but rarely only about thenumber of people present in front of the screen, mostly about satisfaction,appreciation, preferences for given genres, viewing habits. As there was onlyone channel – until 1964, with the number of TV sets rising sharply, ratings,in the modern sense, were not critical.Things started to change gradually. In 1974,the public broadcasting corporation was divided into several companies,including three competing channels. The service in charge of measuring audiencewas put under the direct authority of the Prime Minister. Audience figuresplayed a part in the distribution of resources, not only advertising but throughthe license fee sharing. However, the law also provided a clause about an indexof quality, which never functioned satisfactorily, although the service incharge of audiences put much effort into it. In 1985, around the time of deregulation,change came. From outside, this was translated into the rise of daily,detailed, fast produced figures of the audience through audimeters, thenpeoplemeters. Those figures become highly controversial; a popular book on TVwore the title: "The dictatorship of the audimat". But audiencemeasurers did not turn into dictators. They were, undoubteldy, more consideredas technicians. Their competence in statistics became crucial. But they werealso negotiatiors, consensus builders who have to work in an atmosphere ofgrowing suspicion as the revenues of television depended now mainly, if not only,on audience figures. However, continuity was there aswell. The need for effective mediations of the audience existed from the start.Those mediators, figures, reports, played several roles. Particularly, and thisis true until two days, they provided channels managers with a source of“para-democratic legitimacy”. For the “profession” of measurers, this meansthat they have always played an important roles, as spokespersons of theaudience, equipped with an almost magical kind of knowledge: the power to “read” the will and whims of a mysterious, anonymous mass of viewers.

scholarly journals The Constitutional Model of the Interconnection between the Rights of Individuals to Public Finances and the Powers of Public Authorities

2019 ◽  
pp. 54-66
Author(s):  
Andriy KHUDYK
Keyword(s):  
Well Being ◽  
The State ◽  
Financial Resources ◽  
Public Authorities ◽  
Public Interests ◽  
Public Finances ◽  
The Public ◽  
Role Of The State ◽  
The Will ◽  
The Individual

The article examines the process of constitutionalization of public finances through the prism of the constitutional model of the interconnection between the rights of individuals to public finances and the powers of public authorities in this field. It is emphasized that from the standpoint of anthroposociocultural approach, public finances are intended to ensure the public interests of individuals through the use of financial resources at the disposal of the state. Public finances involve choosing between different tasks and goals, and this choice quite often involves addressing the issue of expediency, which in its turn comes to the problem of the effective organization of public finances in order to meet the public needs of all individuals. It is noted that from the standpoint of the Constitution of Ukraine, the effectiveness of the state depends on to what extent it is able to meet the public needs and interests of individuals. The role of the state comes to creating such conditions and mechanisms for the realization of interests that, through the implementation of state policy, will promote the well-being of individuals. That is why the state cannot and is not authorized by the Constitution of Ukraine to ignore the real needs of society and of particular social groups. The will of the society must be embodied in laws that should reflect the public interests of individuals and not the private interests of certain members of society. In our opinion, the complete elimination of the state from the sphere of public finances and the equalization of consumption of the commons may contribute to the emergence of providing public services. It is concluded that the purpose of public finances is to organize the performance of the duty of public authorities on the proper management of public financial resources to the public interest of the individual. The purpose of public authorities is to ensure the will of the owner. In consequence, public financial resources cannot be used by the state for anything at all, but only for the public needs of individuals. Public financial resources are subject to the specific regime in order to designate them to serve the public needs of individuals. Therefore, the Constitution of Ukraine obliges the state to carry out fair and impartial distribution and redistribution of public financial resources on behalf and for the benefit of society.

scholarly journals Legal and institutional aspects that determine the dialog between public authorities and civil society organizations in the Republic of Moldova (part I)

2021 ◽  
pp. 30-47
Author(s):  
Liliana Palihovici ◽  
Keyword(s):  
Civil Society ◽  
Great Influence ◽  
Historical Analysis ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Public Authorities ◽  
Origin And Evolution ◽  
The Public ◽  
Republic Of Moldova ◽  
The Republic

CSOs are a key component of an open and democratic society as they play a key role in the strengthening of democracy and the rule of law, their dialogue with the public authorities being a precondition for this. By analyzing the development of dialogue between Moldovan CSOs and Central and Local Public authorities (CPA / LPA), I found that PA are not yet fully aware of the value of the dialogue, which is sporadic and guided by certain interests, that do not always coincide with the public interest. The key objective pursued by this research was to review the environment underlying activity and collaboration of the civil society from the standpoint of influence exerted by the internal and external factors that determine the core essence of the social environment, while paving and setting conditions for carrying out activities and collaboration between the civil society and public authorities. The paper aims to prove that more communication and collaboration between public authorities and civil society organizations, will likely result in a more inclusive, qualitative and focused act of governance. The author analyses and presents the existing decision-making systems and its consultation mechanisms with the civil society organizations in the Republic of Moldova, the existing opportunities for CSO’s involvement in the public policy making process and the actual practices. A number of research methods were used in the study, aimed at highlighting the particularities of the dialogue and cooperation between the public authorities (PA) and the CSOs, as part of the act of governance, studying the development over time and the influence of various social, economic and political factors on these processes. Thus, the historical analysis method to research the origin and evolution of the legal framework that regulates the dialogue and cooperation between PA and the CSOs was applied. It included analysis of the relevant laws, regulations and policies, together with existing reports and studies on the subject of research, in the Republic of Moldova. I found that public authorities are not yet fully aware of the value of the dialogue and the political factor is also of great influence, as in recent years there has been an increasing pressure on the civil society. The paper reflects the current situation in Moldova, which can be summarized as follows: a) there are no permanent mechanisms or platforms for cooperation and consultation, open to all. Civil society participation is limited to a small number of CSOs, and there are no incentives for the growth of CSOs. b) LPAs, compared to CPAs, enjoy a much higher level of ,,trust” from the society/community, but they rarely have the resources and skills to conduct a constructive dialogue with CSOs; c) there is a proven reluctance of the LPA/CPA to deepen the dialogue and cooperation with the civil society; d) The culture of participation is very weak as there is no perception that participation is an instrument of change. A number of recommendations in order to address the identified problems are listed.

scholarly journals TESTAMENTARY FORMALITIES IN THE TIME OF PANDEMIC

2021 ◽  
Author(s):  
Tamara Đurđić-Milošević
Keyword(s):  
Modern Society ◽  
Case Law ◽  
Legal Tradition ◽  
Public Authorities ◽  
New Era ◽  
Significant Step ◽  
Basic Purpose ◽  
The Will ◽  
Audio Video ◽  
Further Development

The formalism in testamentary law is a result of the need to protect the freedom of testamentary disposition and the authenticity of the last will of the testator. Proposed formalities are supposed to serve multiple purposes in testamentary law: evidentiary, cautionary and protective. Having in mind the level of modern society development and technologies, as well as the new challenges we face with today (such as pandemics, natural disasters, etc.), the question arises: whether the prescribed formalities in testamentary disposition are justified in terms of purposes they are suposed to serve? Modern testamentary law is characterized by the trend of liberalization of testamentary forms, mitigation of formalities, abolition of certain obsolete forms of testament, but also introduction of new forms dictated by new social and economic, political circumstances and new requirements of legal trade mortis causa. The experience with the Covid pandemic confirmed the importance of these issues. The state of the pandemic indisputably restricts the freedom of testation in several directions: limited contacts prevent the presence of notaries or judges as representatives of public authorities as a mandatory element of form in public testamentary forms, and the possibility of their composition; it is impossible or difficult to ensure the presence of testamentary witnesses in allographic testament and thus difficult to implement the principle of unitu actu as a key feature of the testamentary form; finally, illiterate people and people with disabilities remain deprived of the opportunity to exercise their constitutionally guaranteed freedom of testing due to being unable to make an holographic legacy, as their sole option available within the extraordinary circumstances of a pandemic, due to above mentioned restrictions. As the basic purpose of the testamentary right is to enable a testamentarily capable person to manifest his last will in whatever circumstances he finds himself, extraordinary circumstances during a pandemic indisputably restrict the freedom of testing. The new pandemic circumstances have prompted the legal public to think in the following directions: whether there is a need to introduce new forms of testament during a pandemic (as was done in Spain, which regulated testament during a pandemic); should certain elements of the form of the will be modernized (e.g. allow the possibility of the participation of the witness of the will in the process of making the will online via audio-video link) ?; and finally, should the door be opened to the digitalization of the will and the possibility of compiling an electronic will and mark the beginning of a new era of testamentary law? These and related issues are the subject of analysis in this paper, and will be viewed through the prism of comparative legislation, with special emphasis on the legislation of the countries of the Roman legal tradition that precedes the form of bequest during a pandemic. In order to determine the guidelines for further development of testamentary law and its rationalization, the situation in common law countries will be pointed out, and some examples from their case law will be analyzed, considering that a significant step towards digitalization of testamentary law has already been made in these legal systems. Based on this comparative analysis, which implies the application of primarily comparative law and dogmatic methods, as well as axiological through a new approach to the testamentary form, we try to determine whether testamentary forms and formalities are harmonized with the needs of modern society, especially in pandemics. Finally, at the end of the paper, the author tries to give proposed solutions in the direction of reforming the testamentary formalities de lege ferenda, trying to establish a balance between legal certainty and freedom of testing.

scholarly journals STATUS OF THE STATE THEORY OF LOCAL SELF-GOVERNMENT IN THE WORLD DOCTRINE OF MUNICIPAL LAW

2020 ◽  
Vol 33 (20) ◽  
pp. 35-41
Author(s):  
V.V. Sukhonos
Keyword(s):  
State Government ◽  
Local Governments ◽  
Public Law ◽  
State Theory ◽  
The State ◽  
State Function ◽  
Public Authorities ◽  
Local Union ◽  
Rural And Urban ◽  
The Will

Representatives of the “free community” theory were among the first to draw attention to the issues of local self-government. In the early nineteenth century. Treasury, ie government officials, was responsible for the affairs and property of the communities. As a result, the community economy has been virtually destroyed to nothing. Therefore, there is a need for scientific substantiation of the need to limit the intervention of central executive bodies in the public system of the economy. This task was intended to be solved by the theory of “free community”, which argued that the right of the community to settle its affairs has the same inalienable character as human rights and freedoms since the community has historically emerged before a state that should respect the freedom of public administration. At the same time, the idea of the inalienability of community rights was sufficiently vulnerable, because, on the one hand, to justify the inalienability of the rights of large territorial self-governing units (departments, provinces, lands, or regions) created by the state was rather difficult and, on the other, to deny them. other types of self-government, except for small rural and urban communities, was rather strange because it did not correspond to the real state of affairs. That is why the social theory of self-government is beginning to emerge, which, as characteristic features of local self-government, has advanced the non-state and usually economic nature of the activity of local self-government bodies. However, the practice has proved that self-government bodies exercise not only private-legal but also public functions, that is, those that are inherent to public authorities, which derive their powers from the state. In addition, the impossibility of clearly separating community affairs from state affairs entrusted to the community was clarified. That is why the state theory of self-government arises. The basic principle of all legal theories was the recognition of the community, county, city, province, in general, any self-governing local union, as a body of public law. At the same time, all representatives of legal theories recognized that the competence of local self-government bodies is not their independent function, it is a state function, that is, transferred by the state to be performed by independent local communities. Therefore, all cases that are administered by local governments are state affairs. The state government itself sets the limits of its competence, entrusting part of its affairs to local self-governing communities and recognizing them as independent public-law corporations. Local self-government bodies, although performing public duties, are not bodies of the state but of independent self-governing unions of communities, possessing the will and independence of the state and independent entities of public law, independent of the will of the state power, because the power itself wants to make them legally independent. Keywords: local self-government; state theory of local self-government; the theory of «free community»; public theory of self-government.

scholarly journals Problems of excessive lawmaking in modern Russia

2021 ◽  
Vol 27 (4) ◽  
pp. 174-180
Author(s):  
Vladimir A. Vinokurov
Keyword(s):  
The State ◽  
Years Of Experience ◽  
Normal Functioning ◽  
Public Authorities ◽  
The Past ◽  
Federal Laws ◽  
Quantitative Indicators ◽  
Ordinary Citizens

The article is devoted to the problems of a very significant number of federal laws adopted by the State Duma of Russia, especially over the past five years, as well as the weak understanding of legislative acts by officials and ordinary citizens related to these issues, which as a result entails practical non-enforcement of laws. Considering lawmaking as a process necessary for the normal functioning of the state, the author analyses, first of all, quantitative indicators for the annual adoption of federal laws, and he also provides examples from individual regulatory legal acts. As a result of the analysis, as well as taking into account more than twenty years of experience in public authorities, the author identified the causes of excessive lawmaking, conditions conducive to the emergence of a large number of laws. A table showing the number of adopted federal laws for the period from 1994 to 2020 is attached to the article. Based on the results of consideration of the above issues, the author formulated conclusions and suggestions.

Sign in / Sign up

Export Citation Format

Share Document