scholarly journals Rozwój instytucji wznowienia postępowania administracyjnego: od totalitaryzmu do demokracji

2021 ◽  
Vol 43 (2) ◽  
pp. 433-445
Author(s):  
Krzysztof Sobieralski
Keyword(s):  
Soviet Union ◽  
Party System ◽  
Political Influence ◽  
Individual Case ◽  
Main Function ◽  
System Transformation ◽  
Sovereign State ◽  
Law System ◽  
Democratic State ◽  
Administrative Proceedings

The purpose of the paper is to present the evolution of the legal shape the institution of resuming administrative proceedings has undergone, starting from the classic regulation in the second decade of the 20th century, through the Polish People’s Republic period, to the present day. The main function of the discussed procedural institution is to verify the final resolution of an individual case if the already completed procedure was affected by what qualified as procedural defect. The resumption of administrative proceedings in the present formula, mainly regulated by the Code of Administrative Procedure, was shaped mainly during the totalitarian rule of the Polish United Workers’ Party of the PRL period. As a consequence, the way the discussed procedural institution formed was influenced by such circumstances as: the one-party system, the lack of social consultations before its passing, or the imposition of the communist ideology adopted in advance, affecting the legal understanding of individual premises for the resumption of proceedings. Due to the lack of administrative judiciary until 1980, which could independently control the public administration activities in the context of correctly interpreting and applying the provisions on resuming administrative proceedings, it was entirely dominated by the communist authorities. Importantly, the administrative law system during the existence of the so-called Polish People’s Republic — which was de facto a non-sovereign state strongly influenced by the Soviet Union — made it impossible for individual legal institutions, including the institution of resuming administrative proceedings, to settle into social and economic realities naturally and free from extra-legal influences. Establishing the administrative judiciary in the form of the Supreme Administrative Court on September 1, 1980 was the first announcement of the system transformation planned for the Polish Republic and democratic changes that were to affect the resumption of administrative proceedings institution by introducing an independent control of its application and interpretation. Due to the changes initiated in 1980 and continued in 1989, 1997, and 2002, the institution of resuming administrative proceedings was separated from political influence and totalitarian values in favor of a democratic state ruled by law.

Century of Ukraine's diplomatic service

2017 ◽  
pp. 77-94
Author(s):  
Yuriy Makar
Keyword(s):  
Twentieth Century ◽  
Soviet Union ◽  
State Committee ◽  
The West ◽  
Sovereign State ◽  
The Soviet Union ◽  
National University ◽  
Central Council ◽  
History Of ◽  
Late Twentieth

On December 22, 2017 the Ukrainian Diplomatic Service marked the 100thanniversary of its establishment and development. In dedication to such a momentous event, the Department of International Relations of Yuriy Fedkovych Chernivtsi National University has published a book of IR Dept’s ardent activity since its establishment. It includes information both in Ukrainian and English on the backbone of the collective and their versatile activities, achievements and prospects for the future. The author delves into retracing the course of the history of Ukrainian Diplomacy formation and development. The author highlights the roots of its formation, reconsidering a long way of its development that coincided with the formation of basic elements of Ukrainian statehood that came into existence as a result of the war of national liberation – the Ukrainian Central Rada (the Central Council of Ukraine). Later, the Ukrainian or so-called State the Hetmanate was under study. The Directorat (Directory) of Ukraine, being a provisional collegiate revolutionary state committee of the Ukrainian People’s Republic, was given a thorough study. Of particular interest for the research are diplomatic activities of the West Ukrainian People`s Republic. Noteworthy, the author emphasizes on the Ukrainian Socialist Soviet Republic’s foreign policy, forced by the Bolshevist Russia. A further important implication is both the challenges of the Ukrainian statehood establishing and Ukraine’s functioning as a state, first and foremost, stemmed from the immaturity and conscience-unawareness of the Ukrainian society, that, ultimately, has led to the fact, that throughout the twentieth century Ukraine as a statehood, being incorporated into the Soviet Union, could hardly be recognized as a sovereign state. Our research suggests that since the beginning of the Ukrainian Diplomacy establishment and its further evolution, it used to be unprecedentedly fabricated and forged. On a wider level, the research is devoted to centennial fight of Ukraine against Russian violence and aggression since the WWI, when in 1917 the Russian Bolsheviks, headed by Lenin, started real Russian war against Ukraine. Apropos, in the about-a-year-negotiation run, Ukraine, eventually, failed to become sovereign. Remarkably, Ukraine finally gained its independence just in late twentieth century. Nowadays, Russia still regards Ukraine as a part of its own strategic orbit,waging out a carrot-and-stick battle. Keywords: The Ukrainian People’s Republic, the State of Ukraine, the Hetmanate, the Direcorat (Directory) of Ukraine, the West Ukrainian People`s Republic, the Ukrainian Socialist Soviet Republic, Ukraine, the Bolshevist Russia, the Russian Federation, Ukrainian diplomacy

Party System Transformation in Germany

2021 ◽  
Vol 65 (2) ◽  
pp. 29-36
Author(s):  
F. Basov
Keyword(s):  
Regional Differences ◽  
Party System ◽  
Significant Degree ◽  
Main Trend ◽  
System Transformation ◽  
Federal Level ◽  
Political Crises ◽  
Political Forces ◽  
Degree Of Certainty ◽  
The One

This article is devoted to the changes of the party system of Germany. In recent years, the transformation of the party system has caused several political crises. Party spectrum is pluralized and polarized in Germany. Regional differences also increase. In this situation, the German parties are in search of new dynamics. The consequence of this is that all the main parties are now factional. The system that existed in Germany for more than half a century, with the dominance of two political forces (CDU/CSU and SPD), gradually evolved into the “one and a half” party system (only CDU/CSU dominates). The question is whether evolution will continue towards simple multi-party system, or the “one and a half” party system will remain. With a significant degree of certainty, one can say that a return to a “two and a half” party system is impossible. Changes in the party-political system lead to an increase in the diversity of the composition of the coalitions ruling in Germany. German political parties should learn how to create coalitions of three political forces, also at the federal level. The main trend of the coming years for CDU, CSU and SPD will be an attempt to return to their traditional platforms. However, a full return is impossible. More frequent red-red-green coalitions can be expected, including the federal level. But, nevertheless, serious changes in the German party system did not lead to its chronic incapacity – the system adapted to them.

Governmental Regulation of the Press: A Study of Israels Press Ordinance

1978 ◽  
Vol 13 (2) ◽  
pp. 230-250 ◽  
Author(s):  
Pnina Lahav
Keyword(s):  
Political Process ◽  
Political Influence ◽  
National Union ◽  
Sovereign State ◽  
Governmental Regulation ◽  
The Public ◽  
The Press ◽  
The Government ◽  
State Of Israel ◽  
Distinctive Role

Israel's press plays a distinctive role in the country's political structure. Comprised of 27 dailies and 135 magazines, some with distinctive partisan affiliation and others committed to political neutrality, it has wide circulation and enjoys considerable political influence.Israeli newspapers were not always as independent as they are today. During the struggle for liberation, the press placed itself at the disposal of theYishuv(Jewish community) leadership, to be used as a political tool for promoting the objectives of the Jewish population in Palestine. Only in the fifties, after the establishment of the sovereign state of Israel, did the press begin to develop consciousness of its distinct and autonomous role in the political process.Several institutions founded by the press itself have moulded it into a politically viable establishment: the Editors' Committee, the Press Council, the National Union of Journalists and the Union of the Daily Papers. The Editors' Committee is the most powerful and long standing of the four. Organised in 1948 by the chief editors of the Hebrew dailies, it functions as an intermediary between the Government and the public in matters concerning important policy decisions.

Some Legal Aspects of the Struggle for the Rights of Jews in the Soviet Union

1974 ◽  
Vol 9 (4) ◽  
pp. 588-593
Author(s):  
Meir Rosenne
Keyword(s):  
Soviet Union ◽  
International Law ◽  
Legal Aspects ◽  
Point Of View ◽  
Sovereign State ◽  
Soviet Jews ◽  
The Soviet Union ◽  
International Obligation ◽  
Public Protest ◽  
Domestic Affairs

The problem of the Jews in the Soviet Union is one of the most important issues that dominates our life today. It is not my intention to deal with the numerous aspects of this problem nor to describe the history of the struggle of Soviet Jewry. I shall deal only with some of the legal considerations concerning this issue and more specifically with four of them:1. Is Israel entitled, from the point of view of International Law, to raise the issue of Soviet Jews in International Organizations in general? Is it not a violation of the Charter of the U.N. and an intervention in the domestic affairs of a Sovereign State?2. Does public protest help in the defence of the rights of the Jews in the Soviet Union?3. Does the Soviet Union violate Soviet law or any international obligation in discriminating against Soviet Jews?4. According to International Law, is Israel entitled to grant Israeli nationality to Jews living in the Soviet Union?

Does Corruption End the Dominant Party System? A Comparative Analysis of the Italian and Turkish Cases

2016 ◽  
Vol 25 (2) ◽  
pp. 320-336
Author(s):  
Gülçın Balamır Coşkun
Keyword(s):  
Rule Of Law ◽  
Party System ◽  
Final Section ◽  
Separation Of Powers ◽  
Party Systems ◽  
Christian Democracy ◽  
Law System ◽  
Dominant Party ◽  
System A ◽  
High Level

This article argues that the effects of high-level corruption scandals on the future of a dominant party depend on the existence of a rule of law system based on the separation of powers. The article will study two examples from a comparative perspective to concretise its theoretical claims: the Christian Democracy Party in Italy, which was the dominant party from 1948 to 1992, and the Justice and Development Party in Turkey. The comparison will be based on an institutionalist perspective. The first part tries to provide a theoretical clarification of the concepts of predominant party systems and corruption. The second part discusses whether the Turkish and Italian party systems can be classified as predominant and the characteristics of these systems. The final section seeks to draw out similarities and differences between these two systems and the effects corruption has on them.

Is a Peace Treaty with Germany Legally Possible and Politically Desirable?

1947 ◽  
Vol 41 (6) ◽  
pp. 1188-1193 ◽  
Author(s):  
Hans Kelsen
Keyword(s):  
Soviet Union ◽  
International Law ◽  
The United States ◽  
Essential Elements ◽  
National Government ◽  
The State ◽  
Peace Treaty ◽  
Sovereign State ◽  
The Soviet Union ◽  
Mutual Relations

By its complete defeat, the surrender of its armed force, and the abolishment of its national government, Germany has ceased to exist as a sovereign state and subject of international law. By the Declaration of Berlin, June 5, 1945, the four Powers occupying the country—the United States of America, the United Kingdom, the Soviet Union, and the French Republic—assumed “supreme authority with respect to Germany including all powers possessed by the German Government, the High Command, and any state, municipal, or local government or authority.” This meant that the four occupant Powers have assumed sovereignty over the former German territory and its population, though the term “sovereignty” was not used in the text of the Declaration. The four occupant Powers exercise their joint sovereignty through the Control Council, established at Berlin as the legitimate successor of the last national government of Germany. All this is in complete conformity with general international law, which authorizes a victorious state, after so-called debellatio of its opponent, to establish its own sovereignty over the territory and population of the subjugated state. Debellatio implies automatic termination of the state of war. Hence, a peace treaty with Germany is legally not possible. For a peace treaty presupposes the continued existence of the opponent belligerents as subjects of international law and a legal state of war in their mutual relations.The opposite doctrine, advocated by some authorities and governments, that Germany, in spite of the fact that there exists no independent national government, not even a “government in exile,” still exists as a sovereign state, that the four occupant Powers are not the sovereigns in relation to the German territory and its population, that they only exercise Germany's sovereignty just as a warden exercises the rights of his ward, is manifestly based on a legal fiction. According to international law, a community is a state if, and as long as, a certain population is living on a definite territory under an independent government. If one of these three essential elements of a state in the sense of international law is missing, the state as a subject of international law disappears, or, in other words, the community ceases to exist as a sovereign state. No state can exercise the sovereignty of another state. State sovereignty does not permit representation or substitution.

Study of Volatility and Party System Transformation in the 2010 Election of the Czech Chamber of Deputies

2012 ◽  
Vol 8 (1) ◽  
Author(s):  
Jakub Šedo
Keyword(s):  
Czech Republic ◽  
Party System ◽  
Regional Level ◽  
System Transformation ◽  
The Czech Republic ◽  
Strongly Connected ◽  
Gains And Losses ◽  
Chamber Of Deputies

The paper deals with measuring volatility in the election of the Chamber of Deputies in the Czech Republic, calculated for both national and regional levels (the latter being the level of electoral constituencies). The main aim of the paper is to identify the link between the gains and losses of parties, and the volatility of a region. In comparison with the 2006 election, an overall increase in volatility was recorded in 2010, but most of the more volatile regions remained the same in both elections compared. Volatility on the regional level is strongly connected with the losses of the previously governing parties (in office 2006-9) and with the gains of the strongest new party, TOP09. We also compare three possible calculations of volatility involving the category of “other” parties. In calculating volatility we could not recommend the omission of “other” parties from the numerator without a corresponding change in the denominator. As for the remaining two methods (“other” parties calculated as one bloc, or “other” parties omitted both in the numerator and the denominator), future comparisons would be required.

The Referendum and the Transformation of the Party System

Modern Italy ◽  
1995 ◽  
Vol 1 (1) ◽  
pp. 53-69 ◽  
Author(s):  
Mark Donovan
Keyword(s):  
Party System ◽  
Constitutional Change ◽  
System Transformation

Wholesale party system transformation is exceedingly rare. Indeed, in taking place within a broadly democratic framework and independently of constitutional change Italy's experience is probably unique. This paper argues that the referendums of 1991 and 1993, and the mobilization of the electorate from early 1990 associated with them, played a significant and not always well understood role in the transformation of the Italian party system.

HISTORICAL BACKGROUNDS OF UKRAINE’S ADMINISTRATIVE JUSTICE

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 219-230
Author(s):  
Tatiana Bilkiewicz
Keyword(s):  
Soviet Union ◽  
Essential Feature ◽  
Current System ◽  
Democratic Institution ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Soviet Union ◽  
Democratic State ◽  
The Russian Empire ◽  
Administrative Justice

Historical backgrounds of Ukraine’s administrative justice creation in the Russian Empire and the Soviet Union are analyzed in the article. The stages of formation and development of administrative justice in Ukraine and the reasons for its abolishment in the USSR are de ned. The article deals with the issue of administrative justice creation in Ukraine. It is an essential feature of any democratic state which ensures rights and freedoms of all individuals are ensured. Institute of administrative justice in Ukraine has come a long way of its formation. In the second half of the nineteenth century a sign cant interest in the problems of administrative justice appeared in Ukraine. However, the lack of state independence, complete denial of administrative justice by Soviet authorities and for other reasons it was impossible to create this democratic institution in Soviet Union. Only after Ukraine proclaimed its independence it made possible to modernize the current system of human rights protection from public administration.

Sign in / Sign up

Export Citation Format

Share Document