scholarly journals GRAĐANSKOPRAVNO UREĐENJE DJELATNOSTI LOBIRANJA

2021 ◽  
Vol 37 (2) ◽  
pp. 35-60
Author(s):  
Davorin Pichler
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Academic Community ◽  
Comparative Approach ◽  
Legislative Process ◽  
Grey Zone ◽  
Legal Systems ◽  
Informal Activity ◽  
The Republic ◽  
Basic Features

The Republic of Croatia does not have a legal framework for regulating lobbying activities. With the adoption of regulations governing lobbying, this informal activity is translated from the “grey zone” into an activity under the “watchful eye” of the competent authorities. Although there is a large amount of professional and scientific literature on the concept and activity of lobbying, it can be noticed that the academic community is much less concerned with the legal institute of lobbying contract, its classification, characteristics and content. The lobbying contract in the wider context of the Croatian science of civil law and legal practice, comprises the features of certain legal transactions, primarily a contract for services / or a mandate contract. The object of performing a lobbying contract is the execution of a lobbying activity, as a rule for a consideration, and in that sense, it represents a specific form of a contract for services. The mandate contract features found in the formation of the lobbying contract will also be emphasized. The paper aims at presenting the basic features of the lobbying contract and emphasizing certain outstanding issues that may arise in any legal regulation of this legal act in the Republic of Croatia. The comparative approach in the paper points to legal solutions applied by legal systems with a long lobbying tradition as a legitimate part of the legislative process. It also points out the plausible solutions that have emerged from the legal systems of predominantly former communist and transition countries, and which are all the more adequate to possible Croatian lobbying contract regulation.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals SEPARATE ISSUES OF LEGAL REGULATION OF REGIONAL LEGISLATION

ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Legislative Process ◽  
Constitutional Court ◽  
Theoretical Approaches ◽  
Moral Attitudes ◽  
Implementation Problems

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.

scholarly journals CHALLENGES FACING THE CURRENT STATE OF EXPORT POTENTIAL (IN THE CASE FOR AZERBAIJAN)

2021 ◽  
Vol 43 (04) ◽  
pp. 04-09
Author(s):  
Ayten Mekhraliyeva Ayten Mekhraliyeva
Keyword(s):  
Economic Development ◽  
Foreign Relations ◽  
State Intervention ◽  
Legal Framework ◽  
Legal Regulation ◽  
Economic Relations ◽  
Export Activity ◽  
Current State ◽  
Modern System ◽  
The Republic

The purpose of the study is to identify the importance of increasing export activity in ensuring economic development and the main conditions for increasing the country's export potential, to stimulate exports based on an assessment of the current state of export operations. Moreover, the study determines the directions for increasing the country's export potential and improving the legal framework for its use, furthermore, compile the adequate suggestions and recommendations. The report identifies the importance of export activities in the modern system of economic relations; The main conditions for increasing the export potential in the Republic of Azerbaijan and the stimulated means of using the export potential have been studied; the need for legal regulation of state intervention to increase the export potential of Azerbaijan and promote its implementation was substantiated; the system of legislative acts regulating the implementation of export operations was analyzed; the mechanisms of realization of the existing state support in the field of export stimulation in our country have been studied; The directions of improving the legal framework to increase the export potential and stimulate exports have been identified in our country. Keywords: export, foreign relations, economic development, growth, international trade.

scholarly journals Organizational, Legal And Financial Approaches To Improving Startup Support Mechanisms: On The Example Of The Republic Of Korea

2021 ◽  
Vol 3 (05) ◽  
pp. 79-85
Author(s):  
Khursanov Rustam Kholmuratovich ◽  
Keyword(s):  
Innovation System ◽  
Developed Countries ◽  
Legal Framework ◽  
Legal Regulation ◽  
National Innovation System ◽  
Republic Of Korea ◽  
National Model ◽  
Support Mechanisms ◽  
The Republic ◽  
System Today

In fact, the development of startups plays an important role in shaping the national innovation system of the country, further increasing the share of innovation in the economy, creating new types of goods, works and services. Although there is no separate law in our country directly regulate the activities of startups, there are dozens of laws that indirectly cover this area. It is natural that the existing legal framework in this area will serve as a legal regulator in the development of startups in the country and the formation of a national innovation system. Today, the models of developed countries in the legal regulation of innovative activities are used as an example by many developing countries. The national model of innovative development of the Republic of Korea is one of them.

scholarly journals Theoretical aspect of unification of legislation.

2020 ◽  
Vol 11 (11) ◽  
pp. 107-110
Author(s):  
Kleshchenko N.O.
Keyword(s):  
Social Relations ◽  
Theoretical Aspect ◽  
Legal Regulation ◽  
Point Of View ◽  
Legislative Process ◽  
Legal Systems ◽  
Legal Space ◽  
Definition Of ◽  
Domestic Law

The article examines the theoretical aspect of unification and its impact on the effectiveness of legislation. It is noted that regardless of the place of creation, the legislative process has always been and remains a difficult task, the solution of which requires a comprehensive approach. Unification is studied from a philological and legal point of view. It is emphasized that unification has been actively studied with the development of international organizations, and is an effective way to regulate legislation and integration into the international legal space, as expressed in the joint cooperation of different countries through the adoption of similar legal acts. It is now widespread in the legal systems of countries such as Denmark, Sweden, Finland, where maritime, trade, contractual, binding legislation, etc. are unified. Unification directly affects the quality of legislation, as well as contributes to the convergence of legal systems. In general, it can be described as a way of converging legal systems by forming a uniform legal regulation within the relevant legal space. The points of view of legal scholars on the definition of the concept of unification of legislation are considered. Unification is characterized as a process of streamlining legislation in order to uniformly regulate social relations in different legal systems. Emphasis is placed on the mandatory implementation of unified norms in the domestic law of the state. Key words: unification of legislation, legal regulation, implementation, system of legislation.

Organizational and Legal Aspects of Public Services Delivery in the Republic of Kazakhstan

2019 ◽  
Vol 9 (5) ◽  
pp. 1819
Author(s):  
Leila ZHANUZAKOVA ◽  
Meruyert DOSSANOVA ◽  
Muslim TAZABEKOV ◽  
Eduard MUKHAMEJANOV
Keyword(s):  
Public Services ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Experience ◽  
The State ◽  
Services Delivery ◽  
Current State ◽  
State And Society ◽  
The Republic ◽  
Further Development

The article considers the specific features of public services delivery in the Republic of Kazakhstan and other countries where public services are provided with the involvement of different models of electronic government. Today, state provision of public services to citizens is becoming one of the most important spheres of the functioning of government authorities. The notion of public services has become an object of focused scientific research relatively recently in the Republic of Kazakhstan, while in developed countries, the relationship between the state and society, where the state is viewed as a service provider, developed in the 1980–1990s. The aim of this paper is to analyze the current state of the sphere of public services provided to the population of the Republic of Kazakhstan and to study international experience in this area. The authors view public services delivery as a process of information interaction between the state and society, which, at the current stage of IT development, is increasingly taking an electronic form. The authors explore historical and theoretical prerequisites for the creation of the modern system of public services, the current state of the corresponding organizational and legal framework in the Republic of Kazakhstan, and international experience of development and implementation of successful patterns of public services delivery. Besides, the authors study the specific features of legal regulation pertaining to handing public services over to a competitive environment. The article assesses the possibilities of further use of advanced technologies to address the tasks for which this important element of government control has been developed. The results obtained by the authors consist in the validation of the conclusions about the assessment of the public services sphere and its organizational and legal grounds, as well as the potential for its further development. The paper includes several suggestions for improvement of the organizational and legal framework of public services delivery. The novelty of this article consists in the fact that the authors suggest ways of further development of the interaction between the state and society based on thorough analysis of world practices of public services delivery

Legal Support of the Process of Kazakhstan Accession to the OECD: Potential for Improving Quality of Individual's Labour Rights Regulation

2018 ◽  
Vol 8 (7) ◽  
pp. 2302
Author(s):  
Batyrbek A. ZHETPISBAYEV ◽  
Gulzira T. BAISALOVA ◽  
Kairatbek Kh. SHADIYEV ◽  
Amangeldy Sh. KHAMZIN ◽  
Yermek A. BURIBAYEV ◽  
...  
Keyword(s):  
Oecd Countries ◽  
Legal Framework ◽  
Legal Regulation ◽  
Labour Relations ◽  
The Social ◽  
Wage Employment ◽  
The Republic ◽  
Labour Legislation ◽  
Practical Recommendations

The leading concept of the research is to prepare, implement scientific and practical recommendations, proposals aimed at improving the quality of legal regulation of wage employment in Kazakhstan. The study has two interrelated end goals: the development of a scientific and legal basis for Kazakhstan's accession to the Organization for Economic Cooperation and Development (OECD, Organization) and the unification of the national Labour legislation with universally recognized standards for the implementation of Labour relations in OECD countries.The aim is to theoretically substantiate the concept and content of the legal framework for ensuring human rights in the OECD countries; to generalize and develop ideas for solving the issues of improving the quality of legal regulation of the social and Labour sphere in Kazakhstan; to investigate problems and suggest ways of transforming the standards of wage Labour recognized in OECD countries into the Kazakhstani system of law.As a result of the research, conclusions and proposals are formulated aimed at improving and modernizing the norms of the Labour legislation of the Republic of Kazakhstan in the context of the development of all spheres of public administration and regulation in accordance with OECD recommendations and standards.

Аnalysis of Legal Regulation of Regional Technology Parks’ Activity: Tax Aspects

2016 ◽  
Vol 4 (3) ◽  
pp. 49-53
Author(s):  
Евлоева ◽  
Madina Evloeva
Keyword(s):  
National Level ◽  
Legal Framework ◽  
Legal Regulation ◽  
Effective Operation ◽  
Technology Parks ◽  
Regulation Of Activity ◽  
Tax Benefits ◽  
The Republic ◽  
Under Construction ◽  
High Technologies

The article analyzes legal regulation of activity of technoparks in sphere of high technologies on the basis of existing legislation for improvement of financial and economic activity of regional parks. Based on the analysis of the legal framework for technology parks and innovation it is offered to consider a number of normative and legal acts at regional and national level, providing relief and ensuring the effective operation of technoparks. Methods of tax risks in the industrial Park are used, the use of tax benefits as tax optimization is considered. The main provisions and conclusions of the article can be used in the activity for established technoparks in sphere of high technologies (on the example of under construction technopark in the Republic of Ingushetia).

scholarly journals LEGAL REGULATION OF THE HEALTH MEDIATOR AND ITS IMPACT ON THE SUSTAINABLE DEVELOPMENT OF SOCIAL CAPITAL

2021 ◽  
Author(s):  
Daniela Petrova ◽  
Keyword(s):  
Economic Growth ◽  
Social Capital ◽  
Sustainable Development ◽  
Legal Framework ◽  
Legal Regulation ◽  
Community Groups ◽  
The Sustainable Development ◽  
Professional Requirements ◽  
The Republic ◽  
The Individual

The activity of the health mediator has a sustainable impact on people's lives, both in the smaller community groups and on the overall educational, health and economic growth of the society. During the Kovid 19 pandemic, the practice of the profession of health mediator is of utmost importance and significance, with a view to informing and preventing health. The author of this article presents the legal framework of the health mediator in the national and European legislation. The aim of the author is to present the legal and professional requirements for the health mediator. The health mediator is already an established and legally regulated profession, which operates in the individual municipalities in the Republic of Bulgaria.

scholarly journals RULE-MAKING POLICY OF THE REPUBLIC OF CRIMEA IN THE CONDITIONS OF CHANGE OF CONSTITUTIONAL CYCLES

2019 ◽  
Vol 23 (1) ◽  
pp. 80-101
Author(s):  
Ilya V Bondarchuk
Keyword(s):  
Legal Regulation ◽  
Political Elite ◽  
Critical Threshold ◽  
The Political ◽  
Legal Systems ◽  
Novel Approach ◽  
Legal Space ◽  
The Republic ◽  
Constitutional Regime ◽  
The Impact

This paper draws on new comparative data from these three cycles of Crimean constitutional process (1992-1994, 1995-1998 and 2014-2018) to provide evidence for a novel approach to changes in political and legal systems - an approach that explains both the impact of constitutional crises as well as the robustness of the systems themselves to a more serious destabilization. Our analyses suggest that the political and legal systems have an inbuilt mechanism that saves them from overheating in times of crisis. The mechanism operates simultaneously on the level of law enforcement and at the level of lawmaking. It is based on the assumption that the political elites are risk-averse. While they react to constitutional crises by looking for new solutions, they mostly do so in “restrained” forms of legal regulation where the consequences of change are easily comprehensible. In political and legal systems that are already relatively complex internal structure, however, the political elite shy away from experimentation and rather rely on tested strategies. Constitutional crises therefore tend to stabilize unstable systems and to destabilize stable ones. They rarely push complex systems over a critical threshold of no return. Based on a positive and contrasting comparison of the three different phases of Crimean constitutional process the period 1992-1994 considered as a transformative constitutional regime in statu nascendi (in the formation stage) with signs of restrained independence in rulemaking. Content analysis of the Crimean constitutions in times of Ukraine (1992, 1995, 1998), fundamental amendments to them and changes in the current legislation, revealed the so-called "negative integration" of the autonomous region into Ukraine (1995-1998). As a result, the legal space of post-2014 was characterized by the presence of both new, not yet tested, and the former, several modified institutions, on the basis of which the current Constitution of the Republic of Crimea 2014 was created. The article presents quantitative data and qualitative "illustrations" of various indicators of the legislation of the Republic of Crimea as a normative component of the legal system using a functional research method.

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