scholarly journals CONSTITUTIONAL CHANGES IN UKRAINE IN SHERE OF DECENTRALIZATION: DO WE NEED THE FRENCH EXPERIENCE?

2020 ◽  
Keyword(s):  
Legal Status ◽  
Regional Governance ◽  
Effective Model ◽  
Municipal Reform ◽  
French Experience ◽  
The Reformation ◽  
State Construction ◽  
Decentralization Reform ◽  
Governmental Form ◽  
Constitutional Changes

The experience of the French Republic in the sphere of state construction has influenced significantly on the development of state and municipal institutions of the independent Ukrainian state. It was in 1996 when the Constitution of Ukraine accepted the French municipal governmental form as a mixed (presidential-parliamentary) republic. The existing system of regional governance in Ukraine largely calqued the French model of regional governance. Of course, it can`t be insisted that Ukraine has borrowed fully the model of cooperation between local authorities and state authorities, but we can undoubtedly see many features in common. Mention should be made that the process of decentralization and municipal reforms is being continuing both in Ukraine and France. We consider it to be a natural process of searching of an optimal and effective model of regional governance, the purpose of which is to find a harmonious balance between the local self-government and public administration. Therefore, we find it important to investigate and analyze the evolution of the formation and development of local self-government institutions in Ukraine and France in the context of decentralization reform and municipal reforming. France has gone a long way of searching an effective model of regional governance, where powerful and effective local self-government occupies a key position today. Systemic and comprehensive reforms in France in this sphere are characterized by logical changes and understandable reform paradigm - from centralization of power to its decentralization (after the reform of 1982). In Ukraine, on the contrary, there doesn`t exist a systematic approach and there are no strategic approaches to understanding the algorithm for the implementation of decentralization processes and the reformation of the local- government system. Therefore, in this context, the positive experience of France should be taken into account in Ukraine on its the way towards self- government decentralization and implementation of the municipal reform in order to become a reliable foundation for the development of a democratic and legal Ukrainian state. France has a considerable experience in the activities of prefects as state representatives in regions, while the legal status of the prefect has changed significantly since the reform of 1982. The introduction of the institution of prefects in the constitutional field of Ukraine has a lot of nuances, taking into account the concern regarding the establishment of possible total control over the activity of local self-government bodies and officials.

scholarly journals The Parliament of the Russian Federation: Evolution of the Establishment and Functioning

2020 ◽  
Vol 12 ◽  
pp. 65-68
Author(s):  
Saida A. Saybulaeva ◽  
Keyword(s):  
Social Development ◽  
Russian Federation ◽  
Legal Status ◽  
The State ◽  
State Structure ◽  
Legislative Body ◽  
Russian State ◽  
The Russian Federation ◽  
Constitutional Changes

The article deals with the establishment, formation and activity of the Supreme representative (legislative) body of the Russian Federation. It is shown that the bicameral Parliament of the Russian state was formed under the influence of international, national political, legal and social development. It is noted that the essence of the bicameral Parliament is a legal reflection of the specifics of the development and state structure of Russia. The influence of reception and succession on the formation of the Federal Assembly of the Russian Federation is considered. The article analyzes the consequences of modern constitutional changes in the sphere of political and legal status of the Russian Parliament and their subsequent impact on the state mechanism of the Russian Federation.

scholarly journals The Indonesian Constitutional System in the Post Amendement of the 1945 Constitution

2018 ◽  
Vol 2 (1) ◽  
pp. 45
Author(s):  
Zen Zen Zanibar
Keyword(s):  
Primary State ◽  
The Reformation ◽  
Presidential System ◽  
The Republic ◽  
Constitutional System ◽  
Constitutional Changes

The 1945 Constitution of the Republic of Indonesia was amended for four times between 1999 and 2002) in the reformation era. These constitutional changes have altered the principles and the structure of the Indonesian primary state‟s institutions. Broadly speaking, all of the power branches – i.e. legislative, executive and judiciary organs– are now interrelated horizontally in running the country and none of them is superior to the others. Such constitu-tional system is generally found in countries that employ a presidential system. However, by reviewing the authority hold by the legislatures, it is found that some characteristics of a parlia-mentary system are also applied in Indonesia

LEGAL STATUS OF THE STATE CONSTRUCTION CONTROL BUREAU

2019 ◽  
pp. 181
Author(s):  
Jeļena Krauliša
Keyword(s):  
Control System ◽  
Legal Status ◽  
State Institution ◽  
The State ◽  
Construction Control ◽  
Construction Work ◽  
Short Period ◽  
State Construction ◽  
And Function

The article is devoted to the study of the legal status of the State Construction Control Bureau and its development, thus concluding the importance and necessity of the State Construction Control Bureau. The results of the State Construction Control Bureau work in relatively short period, which provide an opportunity to conclude on the role of this state institution, but also evaluate the exiting construction work control system in the country. In the article assessed the competence of the State Construction Control Bureau, as well as the rights, duties and function assigned to construction work inspectors of Bureau.

On the Medieval National Church

1914 ◽  
Vol 4 ◽  
pp. 39-75
Author(s):  
Joseph Cullen Ayer
Keyword(s):  
Legal Status ◽  
Church Of England ◽  
Fundamental Principle ◽  
Legal Tradition ◽  
Legal Relation ◽  
Medieval Church ◽  
The Reformation ◽  
Magna Carta ◽  
False Sense ◽  
The Church

That Magna Carta guarantees to every Englishman trial by jury is in some legal circlesan almost inerradicable conviction. As firmly rooted in many ecclesiastical circles is a belief in respect to the first clause of that great document: quod Anglicana Ecclesia libera sit. Though the historical meaning of the phrase is indisputable, it is constantly used in a false sense. It is supposed to have defined a fundamental principle of English ecclesiastical policy although not immediately realized. Just as trial by jury was definitively established only in the contest with the Stuarts, so this great principle of liberty was only secured for the Church at the Reformation; at that time the Anglicana Ecclesia became free and received its birthright assured it in the Charter. This quaint perversion of the meaning of the phrase may in some points be connected with the indisputable fact of the religious and administrative continuity of the Church of England; and the legal status of the modern Church of England has come to be regarded as practically identical with that of the Anglicana Ecclesia contemplated by the Charter. That the libertas electionum, the liberty especially referred to in Magna Carta, has totally disappeared, lost at the Reformation, seems not in the least to have effected the popular ecclesiastical interpretation. But closely connected with that belief as to Magna Carta and the Church is a commonplace of English legal tradition, universal since the sixteenth century, that the Ecchsia Anglicana, which term may be conveniently used throughout this discussion to designate the medieval Church in England as distinguished from the Church in modern times, stood in some exceptional legal relation to the rest of Western Christendom and to the Roman See and that that See had usurped at some time an authority over that Church not recognized either by theChurch or the State. In the exposition of this theory the point is often made that Pope Urban recognized this exceptional position when, according to William of Malmesbury, he introduced Anselm, Archbishop of Canterbury, to a Roman synod as quasi alterius orbis papam.

scholarly journals Samorząd zawodowy i gospodarczy w Polsce po 1989 roku

2018 ◽  
pp. 49-58
Author(s):  
Robert KMIECIAK
Keyword(s):  
Legal Status ◽  
Central Government ◽  
Public Law ◽  
Transformation Process ◽  
The State ◽  
Public Authorities ◽  
Civic Society ◽  
Governing Body ◽  
Professional Self ◽  
Decentralization Reform

One of the greatest achievements of the socio-political transformation process in Poland is the profound decentralization of public governance. In administrative law, decentralization is perceived as a system with a larger number of independent hubs, vested with competences in terms of public law, and a single center. Therefore, decentralization is a process of delegating certain public functions which formerly were reserved for the central government to groups of citizens organized in corporations. Although local government exemplifies decentralization it is not a one-dimensional no- tion that refers exclusively to territorial relations. In the system of representation specialized self-government bodies, formed with different criteria, play a highly significant role represen- ting the interests of various groups. They are divided into self-governing bodies focused on the economy and the professions. Formal and legal homogeneity, though, does not translate into the appropriate political position of these two forms of self-governing bodies in Poland. While the professional self-governing body is clearly an association governed by public law, the so-called economic self-governing body is based on concepts that emphasize the volunta- ry nature of the ties between entrepreneurs, associated in chambers of commerce. The differences in their legal status and the resulting powers bear no influence on the fact that both economic and professional self-governing bodies are now facing equally serious threats in Poland. In both cases these are related to how the state approaches the extra-territo- rial form of decentralization. We can speak of different motivations here. The state, or rather the state administration, is excessively interested in the professional self-governing bodies and is curbing the autonomy they have traditionally been vested with. The situation is quite different with respect to the economic self-governing bodies, where the public authorities are scarcely interested in becoming involved in supporting them. It should be realized then, that the success of Polish decentralization reform will only be complete when all forms of self-government develop harmoniously irrespective of the rela- tions between their members, whose empowerment will serve democracy and strengthen civic society.

scholarly journals Problems of decentralization reform implementation in Ukraine and ways to solve them

2020 ◽  
pp. 23-28
Author(s):  
M.I. Logvynenko ◽  
A.E. Tsymbal
Keyword(s):  
Legal Status ◽  
Negative Impact ◽  
National Level ◽  
Legal Regulation ◽  
Focused Attention ◽  
Reform Implementation ◽  
Basic Law ◽  
Territorial Organization ◽  
Decentralization Reform ◽  
Definition Of

The present article deals with the decentralization reform in Ukraine, definition of basic concepts, in particular, «decentralization», «local self-government», «territorial community» has been installed, on the European Charter of Local Self-Government, as a fundamental international normative document, proclaiming the foundations of decentralization has been focused attention, the main conceptual document in the field of decentralization reform at the national level has been defined, problematic issues of decentralization reform implementation in Ukraine has been isolated, in the absence of a proper mechanism of legal regulation has been focused attention, after all, the new administrative-territorial system is not prescribed in the Constitution of Ukraine, on the inconsistency of the publicly announced goals of decentralization reform with the real actions of the authorities within the reform, contradictions regarding the legal status of the prefect in the system of renewed local self-government mechanism, irrationality of association of some territorial communities, legal unregulation of land decentralization procedure has been focused attention, negative impact of the consolidation of settlements, optimization of the network of medical institutions on life in territorial communities has been installed, issues of land decentralization and its consequences for citizens has been analyzed, bring in line the mechanism of legal regulation of issues related to decentralization reform, including, make appropriate changes to the Basic Law, adopt the Law «On the Principles of Administrative and Territorial Organization of Ukraine» and other legal acts necessary for the implementation of the reform has been suggested, on the need to bring national legislation into line with the European system of legal regulation has been emphasized, on the need to learn the experience of foreign countries in the field of decentralization reform has been focused attention, the expediency of revising the mechanism of community formation, which should be objective and consistent with the principle of economic efficiency has been installed, prospects for further research on the topic of decentralization reform in Ukraine has been defined.

Human Rights Protection and Traditional Churches in the System of National Cooperation in Hungary

2018 ◽  
Vol 13 (3) ◽  
pp. 245-269
Author(s):  
Júlia Mink
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Religious Communities ◽  
Right To Education ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legislative Framework ◽  
Fundamental Law ◽  
The Right ◽  
Constitutional Changes

Abstract Hungary adopted its new Fundamental Law and new legislative framework on the legal status of churches, religious denominations and religious communities in 2011, as part of a number of constitutional changes leading to the dismantlement of democracy, rule of law and human rights protection. In relation to the new legislative framework of state-church relations, much assessment so far focused on how the installment of a “pluralist system of state churches” led to an institutional and partly moral establishment, jeopardizing and curtailing the religious freedom of non-established religious denominations. However, it has been less investigated how the “pluralist system of state churches” and related constitutional changes affected a number of human rights (e.g. the right to private and family life or the right to education) and the position of traditional churches, especially, in view of their autonomy. The paper intends to show that the close entanglement of the state and its traditional churches led to the deterioration of the protection of a number of human rights while it also undermined the autonomy of these churches.

scholarly journals The Features of the System of Normative-Legal Acts of Local Self-Government of Ukraine: A Rejection of the Soviet Union Postulates in Favour of the European Union Values

2019 ◽  
Vol 9 (3) ◽  
pp. 286-310
Author(s):  
Oleh Petryshyn ◽  
Maryna Petryshyna ◽  
Oleh Hyliaka ◽  
Taras Didych
Keyword(s):  
European Union ◽  
Soviet Union ◽  
Legal Status ◽  
The European Union ◽  
Soviet System ◽  
The Soviet Union ◽  
Modern System ◽  
Legal Space ◽  
Decentralization Reform ◽  
Law Making

Abstract In this article, the authors, collaboratively and based on their experience of related research (normative-legal activity of local self-government (Petryshyna, 2011), general theoretical problems of law-making and norm-making (Didych, 2018), problems of reception of foreign experience of reforming local self-government (Petryshyn, 2014), and pressing problems of decentralization reform (Hyliaka, 2015)) investigate the features and the shortcomings of the system of normative-legal acts of local self-government of Ukraine. These include: the problems of the legal status and the nature of the modern system of normative legal acts of local self-government, its normative-legal consolidation; the issues of practical law-making by bodies and officials of local self-government through the prism of the heritage of the Soviet system of local self-government; the shortcomings in the reforms undertaken since independence; the ongoing decentralization and associated reforms as well as existing concepts and plans aimed at the integration of Ukraine into European legal space and the European Union in particular. The result of the study was the identification of a number of substantiated features of the system and general recommendations aimed at the improvement of the overall state of local self-government and its law-making activity in the context of the current and future related reforms in Ukraine.

scholarly journals Gender Space of “Oriental Vatican”—Zi-ka-wei，French Jesuits and Evolution of Papal Diplomacy

2018 ◽  
Author(s):  
Wei Mo
Keyword(s):  
19Th Century ◽  
Legal Status ◽  
Late 19Th Century ◽  
Global Context ◽  
The Reformation ◽  
The Status ◽  
The Face ◽  
Gender Space ◽  
Italian Unification ◽  
The Church

In a global context, the story of the Jesuit compound in Shanghai, since its establishment by French Jesuits in 1847, reflected not only conflicts between rival powers in Europe but also the fight for their interests in the Eastern world. The Pope, who was stuck without legal status in the Vatican after 1861, was also seeking the chance to save the authority of the Church in the face of questions regarding the extent of his temporal power and the status of Rome in the context of Italian unification. As in the Reformation, a break-through in the east seemed to offer a solution for losses in Europe. However, the Jesuits to the East in the late 19th century were not only troops working and fighting on behalf of the Pope; their identities under the French Protectorate added complexity to an already complicated story involving not just the Church, but the course of world history.The female Catholic orders at the east bank of Zi-ka-wei compound became a unique window to approach the complexity.

scholarly journals The Gendered Space of the “Oriental Vatican”—Zi-ka-wei, the French Jesuits and the Evolution of Papal Diplomacy

Religions ◽  
2018 ◽  
Vol 9 (9) ◽  
pp. 278
Author(s):  
Wei Mo
Keyword(s):  
Legal Status ◽  
World History ◽  
Global Context ◽  
Gendered Space ◽  
The Reformation ◽  
The Status ◽  
The Face ◽  
Women And Children ◽  
Italian Unification ◽  
The Church

In a global context, the story of the Jesuit compound in Shanghai, since its establishment by French Jesuits in 1847, reflected not only conflicts between rival powers in Europe but also the fight for their interests in the Eastern world. The female Catholic orders at the east bank of Zi-ka-wei compound provided a unique window approaching the complexity. The Pope, who was stuck without legal status in the Vatican after 1861, was also seeking the chance to save the authority of the Church in the face of questions regarding the extent of his temporal power and the status of Rome in the context of Italian unification. As in the Reformation, a break-through in the east seemed to offer a solution for losses in Europe. However, the Jesuits to the East in the late 19th century were not only troops working and fighting on behalf of the Pope; their identities under the French Protectorate added complexity to an already complicated story involving not just the Church, but the course of world history. Locating the Jesuit-affiliated women and children hospice in the French Concession but outside the Zi-ka-wei compound was a result of how different conflicts played themselves out.

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