scholarly journals Kilka uwag o odpowiedzialności władzy publicznej w Polsce

2019 ◽  
pp. 325-334
Author(s):  
Adrianna Szczechowicz
Keyword(s):  
The State ◽  
Public Authority ◽  
Public Authorities ◽  
Democratic State ◽  
The Republic ◽  
The Right

Responsibility of public authorities is a special guarantee of the legality of a democratic state. The right to compensation is provided not only for the Constitution of the Republic of Poland, but also other legal acts of a statutory rank. Every year courts in Poland adjudicate on compensation cases, awarding them in many cases. The costs of errors of public authority are borne by the State Treasury, and they are not small.

Protecting the Right of Local Self-Government

2005 ◽  
Vol 38 (4) ◽  
pp. 897-922 ◽  
Author(s):  
Warren Magnusson
Keyword(s):  
Civil Society ◽  
The State ◽  
Public Authority ◽  
Public Authorities ◽  
Société Civile ◽  
The Right

Abstract.Many people in Canada are frightened by the right of local self-government, because they are afraid of the privatization of public authority. This article suggests that municipalities can be otherwise conceived, and that a right of local self-government can be vindicated without impairing the capacity of the state or encouraging a debilitating privatism. The key is to understand that municipalities can be non-exclusive public authorities, on a different register from the state or civil society.Résumé.La crainte de la privatisation des pouvoirs publics mène de nombreux Canadiens et Canadiennes à redouter le droit à l'autonomie gouvernementale locale. Cet article suggère qu'il est possible d'envisager les municipalités autrement, et qu'on peut justifier le droit à l'autonomie gouvernementale locale sans faire entrave aux compétences de l'État et sans encourager un privatisme débilitant. L'important est de comprendre que les municipalités peuvent exercer un pouvoir public non exclusif dans leur propre zone de compétence, jouant sur un registre différent de celui de l'État ou de la société civile.

scholarly journals Community Organizational Supervision System in Indonesia

2021 ◽  
Vol 04 (08) ◽  
Author(s):  
Sri Endah Wahyuningsih ◽  
Keyword(s):  
Current System ◽  
The State ◽  
Government Control ◽  
Supervision System ◽  
Democratic State ◽  
Current Implementation ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
The Ideal

As a state of law as well as a democratic state, Indonesia guarantees and protects the right to freely express opinions and the right to organize in society. This in the end becomes the basis for every member of the community to be free to establish an Ormas. The freedom to establish these mass organizations in its development is not controlled due to the absence of real government control and supervision. This has resulted in many mass organizations being born into thugs and illegal organizations. This study aims to analyse the current system of supervision of mass organizations in Indonesia, the weaknesses in the current implementation of mass organizations, and the ideal reconstruction of a system of supervision of mass organizations capable of realizing a just law of mass organizations. The research in this dissertation uses the sociological juridical method. As for the results of the research conducted, it can be found that the current implementation of normative supervision has not been effective, as evidenced by the large number of problematic and prohibited mass organizations, weaknesses in the supervision of mass organizations in the community due to a legal vacuum in the regulation of supervision of mass organizations, so it is necessary to reconstruct values by conducting supervision and education. regarding the goals of mass organizations and the goals of the state and nation as well as legal reconstruction in the form of adding provisions for the supervision of mass organizations in the Law of the Republic of Indonesia Number 16 of 2017.

scholarly journals Operation of Public Authorities in the Time of COVID-19 in Poland – Principles of Electronic Communication with the Party and Participants to Proceedings from the Perspective of the Activity of the Managing Authority of the Regional Operational Program

2020 ◽  
Author(s):  
Aleksandra Klich
Keyword(s):  
Electronic Communication ◽  
The State ◽  
Public Authority ◽  
The Other ◽  
Public Authorities ◽  
Operational Program ◽  
The Republic ◽  
The One ◽  
Ongoing Monitoring

On 14 March 2020 the state of epidemic threat was introduced in Poland applicable until 20 March 2020 when the state of epidemic was introduced in the territory of the Republic of Poland. The situation associated with the growing number of SARS-CoV-2 infections forced ongoing monitoring of the epidemic situation, which entailed an introduction of a number of restrictions and solutions intended to isolate the infected persons on the one hand, and to minimize the risk of development of an epidemic in Poland on the other. Activity of the Polish legislator is also essential, which tried to introduce solutions that would correspond with current expectations and needs. In this paper, the author points to the issues of communication with a public authority by specific reflections on the principles of serving documents on beneficiaries of EU programs under which they were awarded funding for their implementation. The author points to the dynamics of the legislator’s work in this respect by analyzing the rules for serving documents by a public authority on beneficiaries who are public entities and those who are not.

scholarly journals IMPROVEMENT OF NATIONAL LEGISLATION FOR THE PROTECTION OF RIGHTS AND LEGITIMATE INTERESTS OF NATURAL AND LEGAL PERSONS, DERIVED FROM THE EAEU LAW, ON THE TERRITORY OF THE REPUBLIC OF BELARUS

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Григорий Василевич ◽  
Grigoriy Vasilevich ◽  
Сергей Василевич ◽  
Sergey Vasilevich
Keyword(s):  
Regional Integration ◽  
The State ◽  
Public Authorities ◽  
National Legislation ◽  
Government Institutions ◽  
Legitimate Interests ◽  
The Republic ◽  
The Right ◽  
Legal Entities

The article analyses the rights and legitimate interests of individuals and legal entities in the context of interaction of the national law and integration law in the Eurasian association. The authors draw special attention to the fact that the interaction of states in the framework of regional integration structures requires the adoption of various legal instruments that can be non-regulatory or binding for participating countries. The authors justify the conclusion that not only government institutions but also private individuals must bear responsibility defined by national public authorities (courts), and at the same time they must have the right to file a lawsuit against the state, that violated the integration law.

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
The State ◽  
Hate Groups ◽  
New Approach ◽  
State Action ◽  
Democratic State ◽  
Theory Of Value ◽  
The Right ◽  
Equal Citizenship ◽  
The Ideal

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

scholarly journals Makna Penting Demokrasi dan Musyawarah Bagi Keutuhan Bangsa Indonesia

2021 ◽  
Author(s):  
NAVI GITA MAULIDA
Keyword(s):  
The State ◽  
National State ◽  
Unitary State ◽  
Democratic State ◽  
The World ◽  
State Construction ◽  
The Will ◽  
The Republic ◽  
Historical Trajectory ◽  
As If

The Unitary State of the Republic of Indonesia (NKRI) based on the historical trajectory of the struggle, has the only state construction in the world where the nation is born first, then forms the state. The first President of the Republic of Indonesia Ir. Soekarno emphasized that the Unitary State is a National State. The purpose of the Indonesian nation to be born, independent, and to form a state has one goal, the will to elevate the dignity and life of the Indonesian people (Indonesian People's Sovereignty). Through an analysis of the reality of today's life, the Indonesian nation has lived in a condition of life order as if it were the same as a democratic state, namely that the first state was formed and the nation was born later. So that the sovereignty of the Indonesian people based on the principles of deliberation and representation has not been able to be realized.

scholarly journals ЛОГІКА ВИКЛАДАННЯ ІСТОРІЇ ДЕРЖАВА І ПРАВА УКРАЇНИ ВІДПОВІДНО ДО КОНСТИТУЦІЇ УКРАЇНИ

2018 ◽  
pp. 86-97
Author(s):  
Григорій Юрійович Каніщев
Keyword(s):  
The State ◽  
Public Authority ◽  
Academic Disciplines ◽  
Current Status ◽  
Political Struggle ◽  
Public Authorities ◽  
Developed Country ◽  
History Of ◽  
State Rights

History of State and law of Ukraine can be considered as one of the leading academic disciplines to modern lawyers because its purpose is to familiarize professionals with the historical experience of the development of statehood and the territory of modern Ukraine that directly or indirectly impact on the current status and the quality of the public authority in our country, on the relationship between the State and citizens, on the situation in Ukraine in the international arena, its image in the world, etc. Great value for the teaching and study of history of State and Law of Ukraine have changes that have been happening lately in higher legal education in our country. Besides necessary legal skills and knowledge, present-day and future lawyers have to understand the nature of law and the philosophy of human rights, the role of the bureaucracy in the functioning of the State organized by the society, the mechanism of distribution of public authorities, as well as to understand the ways of development of the State and its transition from a developing country to a developed country. The role of history of State and Law of Ukraine here is mapping the processes of historical evolution of relationships between the human and the State on the modern Ukrainian territory. This includes compliance with State rights, in particular political struggle of people for their rights in both peaceful and violent way (through an armed revolt against the authorities) etc. In this connection, educational courses and researches on the history of State and Law should pay much attention to the evolution of public authority as a result of the struggle of people for their rights.

scholarly journals Transparency of Public and Local Finances: Foreign Experience

2020 ◽  
pp. 18-30
Author(s):  
INNA O. SHKOLNYK ◽  
NATALIIA G. VYHOVSKA ◽  
YULIIA S. HAVRYSH ◽  
ANDRII O. IVANCHENKO
Keyword(s):  
Fiscal Policy ◽  
The State ◽  
Budget Process ◽  
State Budget ◽  
Public Authorities ◽  
Public Finances ◽  
Information Portal ◽  
Foreign Experience ◽  
The Republic ◽  
State And Local

In modern conditions, the role of transparency of both public and local finances is growing significantly, which is a tool to increase the efficiency of financial resources, which confirms the analysis of Ukrainian and foreign studies. In Ukraine, the level of transparency is improving every year and as of 2019 is assessed by international organizations as the minimum allowable. At the same time, the level of transparency of local budgets differs significantly in different regions. To improve the situation and implement best practices in the field of transparency of public finances at both the state and local levels, it is important to analyze the foreign experience of those countries that are leaders in ratings of transparency of public authorities and transparency of the budget process. The paper analyzes the experience of the Office of the Public Accountant of Texas (USA), the Treasury of New Zealand, and the Treasury of the Republic of South Africa, which according to the open budget rating provided by the International Budget Partnership are among the 10 most transparent countries. Analysis of the content of the information portal of the Texas Public Accounts Controller Office showed a separate section “Transparency” with a detailed presentation of information in terms of key blocks of revenues and expenditures, state budget and finances, information on the formation and use of funds in all localities, information on budget deficit as well as information on transparency at the level of individual settlements, school districts, etc. A comparative analysis with the state of transparency of Ukrainian government agencies responsible for the development and implementation of fiscal policy and identifies weaknesses and strengths in terms of their transparency. It is established that the openness of the process of using public finances in Ukraine is gradually increasing, while the positions in the world transparency rating are also improving. However, the conceptual difference between building sites in the countries analyzed is that they report to taxpayers in a form that is accessible to them, rather than simply covering available information without comment or explanation. Keywords: open budget, participation, public finances, rating, fiscal policy.

The Principles Governing Public Authority Liability in Poland

2020 ◽  
pp. 66-68
Author(s):  
Marek Wierzbowski ◽  
Marek Grzywacz ◽  
Joanna Róg Dyrda ◽  
Katarzyna Ziółkowska
Keyword(s):  
General Principle ◽  
Civil Code ◽  
The State ◽  
Public Authority ◽  
Administrative Action ◽  
General Terms ◽  
Administrative Procedures ◽  
Per Se ◽  
Polish Law ◽  
The Right

Before 1989, Polish courts in some cases affirmed the liability of the State on the basis of existing legislative provisions. After 1989, the Constitution admits administrative liability in very general terms, because everyone shall have the right to be awarded damages for any harm done by administrative action contrary to the law. The more detailed provisions of the Civil Code implement such general principle. More generally, the liability of administrative authorities is regarded as being subject to private law standards. However, in some cases illegality per se will not suffice for liability. This is the case, in particular, for administrative acts that are characterized by real discretion. Moreover, administrative procedures are regulated by parliamentary legislation. Another particular feature of Polish law is that, to prove the unlawfulness of the action taken by administrative authorities, on both procedural and substantive grounds, claimants must bring an action before administrative courts.

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