scholarly journals Corruption in Kazakhstan: and its impact on the economic development of the country

2020 ◽  
Vol 133 (4) ◽  
pp. 8-13
Author(s):  
M. Abuova ◽  
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Economic Development ◽  
Public Administration ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
The Republic

Corruption is a serious problem, and not only in developing countries. The fact is corruption interferes economic growth weakens the rule of law and undermines the rule of law institutions. Moreover, it has been studied nationally from the different perspectives of that issue. Recently, a growing number of studies on local corruption and, these recent studies have focused on the corruption and its impact on voters. The report will consider corruption in the system of public administration in the Republic of Kazakhstan and will be focused on the consequences of the corruption on the economy of the country

Rule of law and the scope of interpretation of legislative provisions in the process of judicial and administrative review. Remarks against the background of the phenomenon of „lawmaking” of administrative courts

2021 ◽  
Vol 2(24) ◽  
pp. 373-387
Author(s):  
Przemysław Wilczyński
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal System ◽  
The Rule Of Law ◽  
Basic Criterion ◽  
Administrative Review ◽  
Administrative Courts ◽  
The Republic ◽  
Insight Into

The rule of law, as stipulated in article 7 of the Constitution of the Republic of Poland, is one of the fundamental principles shaping the functioning of public administration in the Republic of Poland. Legality of the functioning of public administration is also accepted as the basic criterion of judicial and administrative review of the actions taken by the administration. However, judgments of administrative courts often go outside the boundaries of findings that could be made based on linguistic interpretation of legislative provisions, by referring to the rules of the legal system, including in cases where no doubts exist with regards to the interpretation of provisions. The aim of this paper is to offer insight into the basis and nature of doubts encountered with regards to the admissibility of the use of non-linguistic interpretation by administrative courts where the use of such interpretation does not appear to be required.

scholarly journals Zasada praworządności wyznacznikiem kontroli działań administracji publicznej realizowanej przez prokuratora w ramach postępowania administracyjnego

2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 19-36
Author(s):  
Beata Kozicka ◽  
Ewa Pierzchała
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Good Governance ◽  
The State ◽  
Judicial Power ◽  
The Rule Of Law ◽  
Separate Part ◽  
Administrative Courts ◽  
Court Proceedings ◽  
The Republic

Opus iustitiae PAX – the properly shaped dimension of justice is a guarantee of peaceful – not based on a conflict and violence – relations between citizens and the state. These words fully reflect the leading thought of this study. It is the concern for a good law and a state governed by the rule of law, which lies at the foundation of actions taken within the scope of legal means by the Prosecutor’s Office that – as the “custodian of law” – is entitled to in the sphere of control over administration. Administrative courts execute justice as a separate part of judicial power. Justice and law are conditions for an effective state, good governance and social peace, which have accompanied us for centuries. Administrative courts uphold the principle of equality before the law, which is regulated by Art. 21, par. 1 of the Constitution of the Republic of Poland. Since it is administrative courts which – by performing tasks of control over the activity of public administration – become the guarantee of realization of the above-mentioned principle, their position and range of cognition in the situation of launching administrative-court proceedings by the Prosecutor were presented in the work.

scholarly journals Has Albania's Economic Development Stalled? Investigating the Role of Institutional Factors in Albania's Economic Performance

2021 ◽  
Vol 10 (4) ◽  
pp. 114
Author(s):  
Myslym Osmani ◽  
Kledi Kodra ◽  
Drini Salko
Keyword(s):  
Economic Growth ◽  
Economic Development ◽  
Rule Of Law ◽  
Economic Performance ◽  
Institutional Factors ◽  
Gdp Per Capita ◽  
Relative Growth ◽  
The Rule Of Law ◽  
Per Capita

This study focuses on the institutional factors of Albania's economic development, from a comparative, dynamic, and regional European perspective. We use longitudinal data for the years 2002, 2014, and 2019 and a small selection of 13 countries in the region and some EU member states. Descriptive statistics, graphical representation, and econometric modeling are used for data analysis. The purpose of the study is to discuss, in real and comparative terms with the region and beyond, the economic growth of Albania based on the GDP per capita indicator, as well as to identify and evaluate dynamically the role of institutions in the country's development through important institutional factors, such as the effectiveness of government, rule of law, corruption, etc. The analysis shows that Albania's economic performance is weakover the last two decades. This is reflected in the insufficient relative growth of GDP per capita, the small increase in per capita income, and especially in the low increase in income for every 1% of relative growth. In these indicators, Albania continues to be consistently in the lowest positions in the region and beyond. The study highlights the strong link between economic growth and the effectiveness of government, the rule of law, and weak control over corruption. Improving corruption control by one unit in the range (-2.5 to 2.5) is expected to improve GDP per capita by an average of about 2.2 times. Improving the rule of law by one point is expected to improve GDP per capita on average by about 2.4 times. The country's sluggish economic performance is mainly attributed to weak institutions.   Received: 4 March 2021 / Accepted: 6 May 2021 / Published: 8 July 2021

scholarly journals Ensuring the Rule of Law in Public Administration and Local Self-Government

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 141-152
Author(s):  
E. B. Ablaeva ◽  
A. R. Ensebaeva ◽  
M. A. Utanov
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Control Function ◽  
Access To Justice ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Judicial Control ◽  
Constitutional Right ◽  
The Republic ◽  
State And Local

The paper examines the powers of the judiciary to ensure the rule of law in the sphere of public administration and local self-government, which, according to the authors, consist in the implementation of the judicial control function by the courts. Granting the judicial power with the function of judicial control and expanding the scope of its implementation is one of the mechanisms that, in conditions of ensuring the rule of law, are necessary in order for everyone to exercise their constitutional freedom to appeal to the court against illegal acts, decisions, actions or omissions of public authorities, their officials, and civil servants. It is obvious that the role of the judiciary is significantly enhanced in the implementation of the second institutional reform to ensure the rule of law. Today, the rule of law in the sphere of state and local government is ensured the implementation of judicial control by courts of general, specialized and higher jurisdiction, as well as specialized formulations courts of the Republic of Kazakhstan in accordance with the RK legislation on civil and criminal procedure and administrative offences. However, according to the study, administrative and judicial reforms carried out in parallel in the Republic of Kazakhstan have resulted, on the one hand, in strengthening judicial control in the sphere of state administration and local self-government, and, on the other hand, in restricting the constitutional right to judicial protection and freedom of appeal in court. According to the authors, the steps to optimize the courts, consisting in the transition from a five-level court to a three-level court, have not achieved their main goal-to simplify access to justice.

scholarly journals Unlocking Development: A CAGE Policy Report

2014 ◽  
Author(s):  
Stephen Broadberry ◽  
Nicholas Crafts ◽  
Leigh Gardner ◽  
Rocco Macchiavello ◽  
Anandi Mani ◽  
...  
Keyword(s):  
Economic Growth ◽  
Economic Development ◽  
Private Sector ◽  
Rule Of Law ◽  
National Economy ◽  
Sustainable Growth ◽  
The Rule Of Law ◽  
Poor Countries ◽  
New Research ◽  
National Economies

The world’s poor are ‘trapped’ in poverty. How can we unlock development so that poor countries can sustain economic growth over long periods of time? Our report considers this problem on three levels, the national economy, the private sector, and citizenship. At the core of each chapter is new research by CAGE members and associates. Chapter 1 addresses the factors underlying sustainable growth of the national economy. Chapter 2 looks for the sources of business capacity and sustainable growth of the private sector. Chapter 3 links citizenship to economic development, showing how political voice can enable women to participate more freely in society and the economy. In all three chapters we show how economic development relies on the rule of law, including a framework of laws and their enforcement that is applied to all and accessible by all. We show how, without such a framework, the sustainable growth of national economies and their businesses is threatened when laws fail to resolve conflicts. This failure is often accompanied by corruption or violence. So, we discuss what can be done to promote the rule of law; to make economic growth more stable and sustainable; to enhance the capacity of business organisations that are most likely to attract, grow and create jobs; and to enable women to play a full part in economic development as citizens, providers, and entrepreneurs. Foreword by Frances Cairncross; Introduced by Nicholas Crafts.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

Analysis of Major Problems Faced by Small Firms in North India

2015 ◽  
Vol 15 ◽  
pp. 150-160
Author(s):  
Davinder Singh ◽  
Jaimal Singh Khamba ◽  
Tarun Nanda
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Economic Development ◽  
Small Firms ◽  
Small And Medium Enterprises ◽  
Developed Countries ◽  
North India ◽  
Small Enterprises ◽  
Employment Generation ◽  
Medium Enterprises

Micro, Small and Medium Enterprises (MSMEs) have been noted to play a significant role in promoting economic growth in less developed countries, developing and also in developed countries. Worldwide, the micro and small enterprises have been accepted as the engine of economic growth of any nation. Small and Medium Enterprises are the backbone of the economies, because it trigger employment, output, export, poverty alleviation, economic empowerment, economic development etc. in developed as well as in developing countries. It is more important to developing countries as the poverty and unemployment are burning problems. MSMEs have been playing a momentous role in overall economic development of a country like India where millions of people are unemployed or underemployed. Therefore, the growth of small sectors is essential for the growth in the GDP, employment generation, total manufacturing production and export. India, being one of the fastest growing economies of the world, needs to pay an honest attention for the utmost growth of MSMEs for its increased contribution in above areas.

Cicero and Milo

1974 ◽  
Vol 64 ◽  
pp. 62-78 ◽  
Author(s):  
A. W. Lintott
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
The State ◽  
The Political ◽  
New Era ◽  
The Rule Of Law ◽  
Political Position ◽  
The Republic ◽  
Political Realignment ◽  
Political Scene

The battle of Bovillae on 18th January, 52 B.C., which led to Clodius' death, was literally treated by Cicero in a letter to Atticus as the beginning of a new era—he dated the letter by it, although over a year had elapsed. It is difficult to exaggerate the relief it afforded him from fear and humiliation for a few precious years before civil war put him once more in jeopardy. At one stroke Cicero lost his chief inimicus and the Republic lost a hostis and pestis. Moreover, the turmoil led to a political realignment for which Cicero had been striving for the last ten years—a reconciliation between the boni and Pompey, as a result of which Pompey was commissioned to put the state to rights. Cicero's behaviour in this context, especially his return to the centre of the political scene, is, one would have thought, of capital importance to the biographer of Cicero. Yet two recent English biographies have but briefly touched on the topic. It is true that, in the background of Cicero's personal drama, Caesar and Pompey were taking up positions which, as events turned out, would lead to the collapse of the Republic. However, Cicero and Milo were not to know this, nor were their opponents; friendly cooperation between the two super-politicians apparently was continuing. Politicians on all sides were still aiming to secure power and honour through the traditional Republican magistracies, and in this pursuit were prepared to use the odd mixture of violence, bribery and insistence on the strict letter of the constitution, which was becoming a popular recipe. In retrospect their obsession with the customary organs of power has a certain irony. Yet it is a testimony to the political atmosphere then. Their manoeuvres are also important because both the instability caused by the violence of Clodius and Milo, and the eventual confidence in the rule of law established under Pompey's protection, helped to determine the political position of the boni associated with Pompey in 49 B.C. Cicero's relationship with Milo is at first sight one of the more puzzling aspects of his career. What had they in common, except that Milo, like most late Republican politicians, was at one time associated with Pompey? Properly interpreted, however, this relationship may not only illuminate Cicero's own attitudes but illustrate the character of the last years of Republican politics.

An exposition of trade policy formulation through the issuing of "Trade Policy Directives" by the Minister of Trade, Industry and Competition under the International Trade Administration Act 71 of 2002

2021 ◽  
Vol 25 ◽  
Author(s):  
Clive Vinti
Keyword(s):  
International Trade ◽  
Trade Policy ◽  
Rule Of Law ◽  
Policy Formulation ◽  
Procedural Rationality ◽  
Abstract Section ◽  
The Rule Of Law ◽  
The Public ◽  
The Republic ◽  
A Charge

ABSTRACT Section 5 of the International Trade Administration Act 71 of 2002 (ITAA) provides that the Minister of Trade, Industry and Competition has the power to issue "Trade Policy Directives" subject to the procedures and requirements of the Constitution of the Republic of South Africa, 1996 (Constitution) and other laws. However, there is uncertainty as to how trade policy is formulated under section 5 of the ITAA and the rights of affected parties in this regard. Thus, this article offers an exposition of the process of trade policy formulation under section 5 of the ITAA. To this end, it is my view that trade policy formulation under section 5 must be guided by section 195 of the Constitution, which requires that the public must be "encouraged" to participate in policy formulation and that this must occur in a climate of openness, transparency and accountability. In the narrower sense, it is also my view that interested parties must be given an opportunity to participate in trade policy formulation on the ground of procedural rationality and to avoid a charge of arbitrariness as twin components of the rule of law. Keywords: Trade policy; International Trade Administration Act; rule of law; legality; rationality; arbitrariness; transparency; accountability; governance.

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