scholarly journals Constitutional regulation of the right to appeal to state authorities and local government bodies

2020 ◽  
Vol 4 (4) ◽  
pp. 64-69
Author(s):  
Oleh Kyrychenko ◽  
Hanna Davlyetova
Keyword(s):  
Human Rights ◽  
Local Governments ◽  
Legal Status ◽  
Political Life ◽  
Public Authorities ◽  
Legal Personality ◽  
European Experience ◽  
Legitimate Interests ◽  
Legal Forms ◽  
The Right

The article examines the constitutional practice of normative regulation of the right to appeal to public authorities and local governments, enshrined in Art. 40 of the Constitution of Ukraine and in similar norms of the constitutions of European states. The necessity of stating the specified norm in the new edition is substantiated. The right to appeal to public authorities and local governments, their officials and officials occupies a special place in the human rights system and is one of the most important organizational and legal forms of public participation in the socio-political life of the country and providing citizens of Ukraine with opportunities to defend their rights. legitimate interests, restoring them in case of violation. The study of the essence of this right gives grounds to state that the appeal by its nature has a dual meaning: first, it is one of the means of protecting human rights and legitimate interests violated by the actions or inaction of public authorities and local governments; secondly, the appeal is a signal of shortcomings in the work of public authorities and local governments. From the content of Art. 40 of the Constitution of Ukraine, it follows that both citizens of Ukraine and persons who are not citizens of Ukraine, but are legally on the territory of Ukraine, and who are marked in the text by the term "all" have constitutional legal personality. By the way, the term "all" is used only in Art. 40 of the Constitution of Ukraine, and therefore it is not clear whether it belongs to the category of subjects of "all people", as enshrined in Art. 21, or to the category of subjects of "all citizens". At the same time, in similar norms of the constitutions of European states, various impersonal terms are used to denote the subject of this right - "everyone", "citizens", "every citizen", "all citizens" and "every person". In connection with the above and in order to unify legal terminology, we believe that in Art. 40 of the Constitution of Ukraine, it would be more appropriate to use, instead of the term «all», the term «eve-ryone», which, in our opinion, covers all categories of subjects of the right to appeal regardless of their legal status and is more in line with European experience in constitutional regulation of the studied law. It should be emphasized that the necessary guarantee of realization of the investigated right is the duty of obligated subjects, ie public authorities, local governments and their officials and officials, to timely and objectively consider the appeal and provide a reasoned response to the merits of the appeal. the term established by the law. A similar provision is enshrined in the constitutions of Azerbaijan, Albania, Belarus, Armenia, Greece, Liechtenstein, Macedonia, Poland, Serbia, Turkey, Croatia, and Montenegro. In this regard, we propose a phrase that is enshrined in Art. 40 of the Constitution of Ukraine: "are obliged to consider the appeal and give a reasoned response within the period prescribed by law" to state in an updated version. In addition, we believe that this article should specify the obligation of these bodies and their officials and officials to take the necessary measures to exercise this right, which will give the subjects of appeal grounds to appeal, including in court , actions or inaction of officials and officials of state bodies and local governments. Therefore, in view of the above and taking into account the European experience in regulating the constitutional right to appeal, we propose Art. 40 of the Constitution of Ukraine to state in new edition: "Everyone has the right to submit individual or collective appeals or to personally address state authorities, local governments and their officials and officials, who are obliged to take the necessary measures and provide a reasoned written response within the period prescribed by law."

scholarly journals FEATURES OF ACCOUNTING IN PUBLIC ASSOCIATIONS

2021 ◽  
pp. 77-80
Author(s):  
Vysochan O. ◽  
Borshchuk I.
Keyword(s):  
Local Governments ◽  
Legal Status ◽  
Entrepreneurial Activity ◽  
External Control ◽  
Public Authorities ◽  
Non Profit ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Legal Forms ◽  
The Right

The article reveals the peculiarities of accounting in public associations, taking into account the specifics of their operation, in partic-ular in the aspect of standard correspondence of accounts of the main operations of public associations with the status of a legal entity. Emphasis is placed on the use of targeted funding accounts, as well as revenues and expenditures of public associations. The peculiar-ities of the activity of public organizations and public unions as separate organizational and legal forms of public associations are given, taking into account the legal status of their founders and participants. It is established that the main differences of public associations that affect their accounting are: non-profit status – the lack of accounting for the concepts of “profit” and “loss”; non-entrepreneurial activity as a priority – focus on the satisfaction of public interests; voluntary participation – features of accrual and payment of entrance and annual membership fees; lack of property interest from the participants – the passive nature of the account of settlements with creditors; possi-bility of cooperation with international governmental and non-governmental organizations – conducting currency accounting; possibility of formation of separate subdivisions (acquisition of all-Ukrainian status) – keeping records of current internal settlements; the right to financial support from budgets of different levels – the formation of reports on the targeted use of budget funds; the target nature of the disposal of funds and other property – separate accounting of property by sources of income and areas of use; active interaction with public authorities and local governments – the possibility of funding through the Treasury; moderate external control over the activity – evidence of the legitimacy of the transactions. A combined version of the structure of sub-accounts of targeted funding and targeted rev-enues of public associations is proposed, which provides for the opening of analytical accounts of the second and third orders in terms of individual projects and budget items. Typical operations for public associations that determine the specifics of their accounting are: accrual and payment of membership fees, receipt of property from various sources, settlement with contractors in the implementation of individual projects, calculation of exchange rates, recognition of income and expenses.Keywords: accounting, public association, public organization, public union, targeted funding. У статті розкрито питання особливостей обліку у громадських об’єднаннях з урахуванням специфіки їх функціонування. Наведено особливості діяльності громадських організацій та громадських спілок як окремих організаційно-правових форм громадських об’єднань. Установлено, що основними відмінностями громадських об’єднань, які впливають на ведення ними бухгалтерського обліку, є: неприбутковий статус, непідприємницька діяльність як пріоритет, добровільність участі, відсутність майнового інтересу з боку учасників, можливість співробітництва з міжнародними урядовими та неурядовими організаціями, можливість утворення відокремлених підрозділів (набуття всеукраїнського статусу), право на фінансову підтримку з бюджетів різних рівнів, цільовий характер розпоряджання коштами та іншим майном, активна взаємодія з органами державної влади та місцевого самоврядування, помірний зовнішній контроль над діяльністю. Ключові слова: бухгалтерський облік, громадське об’єднання, громадська організація, громадська спілка, цільове фінансування.

scholarly journals Public Councils as a Legal Form of Partnership between the State and Its Citizens

2021 ◽  
Vol 9 (1) ◽  
pp. 96-117
Author(s):  
Pavlo Krainii
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Local Governments ◽  
Legal Status ◽  
Good Governance ◽  
Communicative Action ◽  
The State ◽  
Legal Form ◽  
Theoretical Concepts ◽  
Legal Forms

Today, the existence of every society and every state is marked with the presence of generally accepted phenomena that radically distinguish the legal status of an individual from his ancestors, who lived hundreds or even thousands of years ago. These phenomena are: democracy, legal society, human rights, good governance, participatory democracy, etc. The study of legal relations between an individual or a group of individuals and the state, represented by the system of government in one form or another, has been carried out by a large number of well-known legal scholars, sociologists, political scientists, and economists, all of whom offered numerous theoretical concepts, represented different scientific schools, and worked in various fields of research. The basic issue they have been trying to solve both in the past and at present is how an individual citizen or a group of individuals can influence the decision-making processes of public authorities that affect the interests of each of them. It turned out that the institutions we are aware of (like those of political parties, public organizations, unions) are not the only legal forms of association of the country citizens who seek to exercise public power and represent the interests of certain groups of their compatriots. The active changes that took place in the world after the Second World War, as well as the emergence of the third generation of human rights were a logical continuation of the growing influence of liberal ideas and views, which proved the existence of new scientific alternatives, ideas and concepts for developing the theory of deliberative democracy. The latter’s main objective was the idea of citizens’ active involvement in decision-making by the authorities and local governments, which consequently led to the phenomenon of public-private partnership. The article under discussion contains a legal analysis of the institution of public councils as one of the legal forms of such interaction through the theory of communicative action. At the same time, the paper will contain an attempt to analyze the current Ukrainian legislation that determines and regulates the legal status of public councils. This will enable to draw conclusions about the level of involvement of citizens in the decision-making process. In addition, the article will lay particular emphasis on a study of the already established and existing public councils in Ukraine, as well as will identify the positive and negative aspects of their activities, which will help to work out the problematic aspects of their legal status and offer practical ways to eliminate them.

scholarly journals THE INSTITUTE OF COUNSELOR IN THE DOMESTIC SYSTEM OF PUBLIC SERVICE: THE STATE AND PROBLEMS OF LEGAL FIXING

2021 ◽  
pp. 106-112
Author(s):  
O. Pronevych
Keyword(s):  
Public Service ◽  
Best Management Practices ◽  
Local Governments ◽  
Management Practices ◽  
Legal Framework ◽  
The State ◽  
Public Authorities ◽  
Legal Personality ◽  
Social Mission ◽  
The Right

The article is devoted to understanding the specifics of the social mission and the state of legal consolidation of the administrative legal personality of councilors in public authorities and local governments. It is emphasized that the problem of selection of candidates for the positions of advisers to the heads of public authorities is the subject of lively discussion, as a rather controversial collective image of the adviser has formed in the public consciousness. This is due to his belonging to officials who hold a particularly responsible position and perform official duties in the presence of a high level of corruption risks. It is established that the commitment of candidates for advisers is carried out in the context of providing scientific support for the formation and implementation of public policy, implementation of best management practices, finding optimal management and legal algorithms for resolving conflicts, improving the quality of management decisions. The urgent need to improve the domestic service legislation by adopting a special law on patronage service in order to unify the legal framework for the organization and operation of patronage services. First of all, it is necessary to normatively enshrine the right of specific public authorities to establish a patronage service, to provide an exhaustive list of patronage service positions for each of these bodies, to provide the right of equal access to patronage service, to introduce a single mechanism for selection and appointment of patronage service employees. professional achievements and personal business qualities, to differentiate their powers depending on the specifics of public authority of individual officials, which create patronage services. There is also a need to specify the functions, main tasks and powers of advisers to heads of public authorities, articulation of basic qualification requirements for candidates for advisers, clear definition of legal bases of interaction of advisers with career civil servants and communication with civil society institutions, articulation of moral and ethical imperatives. official activity of advisers. Keywords: public service, patronage service, adviser in state authorities and local self-government bodies, staff adviser, advisor on a voluntary basis.

REQUIREMENTS FOR INCOMPATIBILITY OF A JUDGE POSITION WITH OTHER TYPES OF ACTIVITY: COMPARATIVE CONSTITUTIONAL AND LEGAL ASPECT

2021 ◽  
Author(s):  
Mariana Khmyz ◽  
Keyword(s):  
Human Rights ◽  
Local Governments ◽  
Legal Aspect ◽  
Supervisory Board ◽  
Criminal Court ◽  
The Body ◽  
Public Authorities ◽  
Professional Activities ◽  
The Law ◽  
The Right

The article reveals the requirements for the incompatibility of the position of a judge with other activities in the comparative constitutional and legal aspect. It is determined that the requirements for incompatibility of a judge's position with other activities in Ukraine are regulated by the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Law of Ukraine «On Purification of Power», the Convention for the Protection of Human Rights and Fundamental Freedoms, Rules of Court adopted by the Council of Europe and the European Court of Human Rights, the Rome Statute of the International Criminal Court, the General (Universal) Charter of Judges. It is established that the legislative and constitutional requirements for judges stipulate that judges must meet high moral, ethical and professional standards. It has been established that persons may not engage in administrative, political or professional activities during their tenure as judges, which is incompatible with their impartiality, independence or the requirements for permanent performance of their duties. It is determined that while in the position of a judge, it is not allowed to engage in other activities, in particular, to carry out activities in other public authorities, local governments or activities related to the representative mandate. It has been proved that a judge cannot combine the activities defined by the position of a judge with advocacy and business activities. It was found that judges are prohibited by law from holding paid positions and performing paid work, except for teaching, research or creative work. It is established that a judge has no right to be a member of the governing of the body or supervisory board of an enterprise or organization whose main purpose is to make a profit. It is determined that a judge has no right to belong to a political party or trade union, as well as to show support for such a party or union. It has been proven that judges are prohibited from participating in election campaigns, political rallies, rallies or strikes. It was found that the judge is obliged to comply with the requirements for incompatibility established by the legislation of Ukraine in the direction of preventing and combating corruption. It is determined that a judge has the right to activities related to the administration of justice, to participate in judicial self-government, to membership in national or international associations, as well as in other organizations that operate to protect the interests of judges, increase the authority of the judiciary, in society or for the development of legal science and profession, for the formation of public associations, as well as for participation in the activities of such associations in order to protect their rights and interests, as well as to improve the level of professionalism and skills. It is proposed, in the future of the following studies, to reveal the grounds for dismissing a judge from office in a comparative constitutional and legal aspect.

scholarly journals Coronavirus pandemic as a reason for limitation of human rights and freedoms

2021 ◽  
Vol 5 (2) ◽  
pp. 62-76
Author(s):  
G. A. Vasilevich ◽  
I. Yu. Ostapovich ◽  
E. G. Kalinina
Keyword(s):  
Human Rights ◽  
Information Technologies ◽  
Legal Status ◽  
Sport Activity ◽  
Legal Regulation ◽  
Functional Method ◽  
The State ◽  
National Standards ◽  
Public Authorities ◽  
The Right

The subject. The article analyzes the phenomenon of the COVID-19 pandemic and its impact on the human rights and freedoms. It emphasizes that some information about the corona-virus infection was available several decades ago. At the same time, the specialists unfortunately weren’t ready for the possible mutation of this virus, which has now exposed a large-scales threat to the population of the whole world.The purpose of the article is to identify the problems of the implementation of the citizens’ rights and offer proposals for improving the Russian and Belarusian legislation and the practice of its implementation in the field of combating the coronavirus infection.The methodology. The authors take into account the practice of the European Court of Hu-man Rights and the constitutional control bodies of Russia and foreign countries. They make a conclusion on the legitimacy and necessity of the taken restrictive measures. The article is based on the dialectical method, as well as at the logical, historical, systemic methods. Methods of analysis and synthesis were of particular importance. The authors have applied the functional method to research the main areas for ensuring a reasonable balance of private (individual) and public interests.The main results, scope of application. Modern constitutions, including the Russian and the Belarusian ones, contains the most important principles of the rule of law, enshrine human rights and freedoms as the highest value. Human rights and freedoms continue to be are at the epicenter of many disputes and discussions. The modern system of rights and freedoms is constantly developing; the legal status of a person receives new content as the human civilization develops and the paradigm of values changes. For example, we see how information technology and other advances affect the scope of rights and freedoms. Rights, freedoms and obligations are interconnected and interdependent. All groups of rights are currently in the field of view of international organizations. The problem of equality, the elimination of discrimination, the restoration of violated rights, the assessment of the limits of the state's invasion in human rights and freedoms continues to be relevant nowadays.The article focuses on the international and national standards for the possible restriction of rights and freedoms in order to protect the health of the population. The international law rules on human rights oblige states to take measures to protect health and provide medical assistance to those in need.Conclusions. One of the constant problems is the relationship between the rights of a particular person and the rights of other persons, group or society as a whole and the state. At the same time, the coronavirus pandemic forced the public authorities to determine the balance of the priority of human rights and freedoms or the protection of the life and health of citizens. The coronavirus pandemic is the factor that affects the content of the legal regulation of relations in the field of human rights and freedoms. The measures taken by the state affect the right to health protection, freedom of movement, the right to education, right to have sport activity, right to work, freedom of assembly and others.The article proposes to inform the population more fully about the measures taken by the state and society in this direction, about the wider use of information technologies, about the possible responsibility for non-compliance with the requirements for the use of per-sonal protective equipment and the self-isolation regime.

scholarly journals GENERAL CHARACTERISTICS OF THE POWERS AND COMPETENCIES OF PUBLIC AUTHORITIES EXERCISING PUBLIC ADMINISTRATION IN THE FIELD OF AIR PROTECTION

2021 ◽  
Vol 1 (10) ◽  
pp. 84-88
Author(s):  
I. Rubtsova ◽  
Keyword(s):  
Air Pollution ◽  
Public Administration ◽  
Local Governments ◽  
Legal Status ◽  
General Description ◽  
Public Authorities ◽  
General Competence ◽  
Living Organisms ◽  
The Right ◽  
Special Competence

This article provides a general description of the powers and competencies of public authorities exercising public administration in the field of air protection. Atmospheric air is proposed to mean an element of the natural environment, which is an invisible mixture of gases within the territory of Ukraine and contains vital chemicals and compounds necessary for the existence of living organisms. It is determined that the subjects of public administration in the field of air protection are the system of bodies of general and special competence, which exercise public administration powers to restore, preserve, ensure air quality and ensure the right of citizens to air, and take the necessary measures. to reduce the incidence of air pollution due to air pollution. The subjects of public administration in the field of air protection are proposed to be divided into two groups: 1. subjects of general competence (Verkhovna Rada of Ukraine, President of Ukraine, National Security and Defense Council of Ukraine) and 2. subjects of special competence (Cabinet of Ministers of Ukraine) (Government of Ukraine), Ministry of Environmental Protection and Natural Resources of Ukraine, State Ecological Inspectorate of Ukraine, Ministry of Health of Ukraine, local state administrations and local governments). Based on the analysis of legislative and by-laws, which determine their administrative and legal status in general, the powers of these entities in the field of air protection are highlighted. Emphasis is placed on the special tasks of these actors in order to preserve the health of the nation.

scholarly journals Legal Regulation of Robots and Artificial Intelligence in Latin America, the Problem of Human Rights and AI

Lex Russica ◽  
2020 ◽  
pp. 127-136
Author(s):  
A. Zh. Stepanyan ◽  
T. S. Zaplatina
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Latin America ◽  
Legal Status ◽  
Human Person ◽  
Legal Regulation ◽  
Human Intelligence ◽  
Legal Personality ◽  
Ethical Conflicts ◽  
The Right

We are currently experiencing a new revolution, which is related to the Internet, nanotechnology, biotechnology and robotics. Artificial intelligence is based on intelligent algorithms or learning algorithms similar to human intelligence, technologies make it possible for computer systems to acquire independence, self-adaptive reconfiguration. The greater the autonomy of AI, robots, and androids, the less they depend on manufacturers, owners, and users.The fact that the new generation of robots will coexist with humans should be taken into account in legislation, it should adapt and regulate issues of great legal significance, namely: who takes responsibility for the actions or inaction of intelligent robots? What is their legal status? Should they have a special regime of rights and obligations? How to resolve ethical conflicts related to their behavior?The analysis of legislation and doctrine in Latin America has revealed some trends in the use of AI.1. The use of AI in various spheres of public life causes legal problems in terms of guaranteeing human rights, as evidenced by the analysis of the constitutions of Brazil, Mexico and Argentina. For example, article 8 of the American Convention on Human Rights states: "Everyone has the right to have his case heard, with appropriate guarantees and within a reasonable period of time, before a competent, independent and impartial court convened in advance by law in support of any criminal charge brought against him or to determine his rights or obligations of a civil, labour, financial or any other nature."2. The similarity of AI and human intelligence raises the question of legal personality of AI, granting AI rights. The civil and commercial code of Argentina departs from the category of "human person" and establishes the term "legal persons": "all persons to whom the legal system grants the ability to acquire rights are legal persons for the purpose of fulfilling their purpose and obligations".The line between things and people is becoming more blurred, technology and a more sensitive view of other living beings lead to doubt whether man is the sole subject of law.

scholarly journals Interpretation of the concepts of legal guarantees of voting rights of citizens of Ukraine and legal guarantees of the right of citizens of Ukraine to participate in all-Ukrainian and local referendums in the modern doctrine of constitutional law

2021 ◽  
Vol 2 (2) ◽  
pp. 46-50
Author(s):  
Liliya Serdiuk
Keyword(s):  
Human Rights ◽  
Constitutional Law ◽  
Legal Status ◽  
Voting Rights ◽  
Practical Implementation ◽  
Public Authorities ◽  
National Legislation ◽  
Legal Remedies ◽  
Reference Process ◽  
The Right

In preparing the article, the author aimed to substantiate the author's concepts "legal guarantees of voting rights of citizens of Ukraine" and "legal guarantees of the right of citizens of Ukraine to participate in all-Ukrainian and local referendums." The modern doctrine of constitutional law reflects the judgments of legal scholars on such components of the constitutional and legal status of the man and the citizen as guarantees of human rights and freedoms, legal guarantees of human rights, guarantees of the all-Ukrainian referendum, guarantees of the reference process and the mechanism of democracy. Based on this, the following author's definitions of the studied concepts have been substantiated and formulated: 1) legal guarantees of citizens’ voting rights is a system of legal remedies defined in national legislation, which are used (or applied) by the actors of the election process, public authorities and their officials in connection with the exercise of their powers, as well as measures, which are used by them for the practical implementation by the citizens of Ukraine of their opportunities related to the formation of elected representative bodies of public authority, the granting or receipt of representative mandates; 2) legal guarantees of the right of citizens of Ukraine to participate in the all-Ukrainian and local referendum is a system of legal remedies defined in the national legislation, which are used (or applied) by the actors of the referendum process, public authorities and their officials in connection with their competencies, as well as the measures they take for the practical implementation by citizens of Ukraine of their opportunities related to initiating the matter of holding an all-Ukrainian or local referendum, formulating the content of a decision of national or local significance, and its approval as a result of national expression of will or expression of will of citizens of Ukraine living within the relevant administrative-territorial unit.

CONFLICT MANAGEMENT IN INTERACTION BETWEEN GOVERNMENT AND PUBLIC

2017 ◽  
Author(s):  
Mykola Somych ◽  
◽  
Yuiiia Vakulenko ◽  
Liudmyla Horbatiuk ◽  
Yurii Kovryzko ◽  
...  
Keyword(s):  
Conflict Management ◽  
Local Governments ◽  
Conflicts Of Interest ◽  
Alternative Methods ◽  
Personal Interest ◽  
Public Authorities ◽  
Conflict Situations ◽  
Legitimate Interests ◽  
System Of Parameters ◽  
Political Economic

The article summarizes the theoretical principles of defining the concept of «mechanism», «conflict management mechanism». The main types of conflicts according to the Law of Ukraine «On Civil Service» are clarified: official disputes and conflicts of interest – a situation in which the personal interest of a civil servant affects or may affect the objective performance of his duties and in which there is or may occur contradictions between the personal interest of the employee and the legitimate interests of citizens, organizations, society. The main types of conflict management mechanisms are identified: organizational, legal and socio-psychological, taking into account objective and subjective factors, which covers a system of parameters, sequential actions, a set of methods and measures of socio- psychological nature. The causes of conflict situations in the interaction of public authorities and the public are substantiated: objective (social, political, economic, ideological factors) and subjective (derived from objective). Conflict fields of contradictions that arise in the process of interaction are depicted: legislative principles, political sphere, personnel policy, undemocratic worldview of managers, economic competence. The analysis of the main conflict fields of contradictions of local governments of Poltava region is carried out. New, alternative methods of conflict resolution have been formed: competition, adaptation, compromise, avoidance, cooperation, their general characteristics have been determined. Officials were invited to use the open conversation technique in order to reach a compromise.

Any Role for Human Rights in the Norwegian Truth and Reconciliation Commission Addressing Forced Assimilation?

2021 ◽  
pp. 1-25
Author(s):  
Hans Morten Haugen
Keyword(s):  
Human Rights ◽  
Private Life ◽  
Truth And Reconciliation Commission ◽  
Political Life ◽  
Final Report ◽  
Reconciliation Commission ◽  
Truth And Reconciliation ◽  
The North ◽  
National Minorities ◽  
The Right

Abstract Norway’s policies regarding Sámi and most national minorities in an historic perspective can be characterized as forced assimilation; except for Jews and Roma, where the historic policy can be termed exclusion. The Norwegian Truth and Reconciliation Commission (trc) is intended to be a broad-based process, resulting in a report to the Norwegian Parliament in 2022. After identifying various explanations for the relatively strong standing of the (North) Sámi domestically and in international forums, the article identifies various ways that human rights will be important for the trc’s work and final report: (i) self-determination; (ii) participation in political life; (iii) participation in cultural life; (iv) family life; (v) private life; and (vi) human dignity. Some of these rights are relatively wide, but all give relevant guidance to the trc’s work. The right to private life did not prevent the Norwegian Parliament’s temporary law to enable the trc’s access to archives

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