scholarly journals Hermeneutics in the constitutional law of Ukraine

2021 ◽  
Vol 28 ◽  
pp. 104-109
Author(s):  
N. V. Mishyna
Keyword(s):  
Constitutional Law ◽  
Local Governments ◽  
State Power ◽  
Public Authorities ◽  
Public Power ◽  
Legal Traditions ◽  
History Of Interpretation ◽  
Self Organized ◽  
History Of ◽  
Correct Reasoning

Hermeneutics, having emerged due to innovations in philosophy, is currently used by other humanities, including jurisprudence. Hermeneutics (from the Greek eppriveuco (hermeneutikos) - interpreter) - the art of understanding, comprehension, the doctrine of the interpretation of signs and understanding of meanings in the form of theory of the art of understanding, certain rules (methods, techniques) of interpretation, the art of their application, as well as the process of interpretation; organization, process and result of such correct reasoning, which actualizes various interpretive methodologies, adequate for understanding a text. Hermeneutic principles and approaches are harmoniously combined with centuries-old legal traditions - because the history of interpretation of legal texts dates back at least to the Renaissance, reflected in many schools (glossators, commentators (postglossators), etc.). The aim of the article is to demonstrate how the hermeneutics is used in the field of constitutional law based on the self-organized bodies of population's (SOBPs) materials and practice. The use of the term "self-government" is not entirely successful in the name "territorial public self-government bodies". After all, according to modern doctrinal concepts, one of the conditions for the formation of the rule of law in the country is the division of public power into public state and public municipal (self-governing) power. In this case, public state power is exercised by the relevant bodies, which, as a rule, belong to one of the branches of state power in accordance with the requirements of the concept of its division into legislative, executive and judicial. Municipal power is exercised by local governments. Based on this, both public authorities (local governments) and public municipal authorities (local governments) will function at the level of administrative-territorial units. According to the legislation of Ukraine, SOBPs are part of the system of local self-government, but are not bodies of local self-government. Thus, the use of the word "self-government" in the name of the SOBPs will indicate the system to which the house, street, etc. committees belong, but will be confusing because it will facilitate their identification with local governments. In addition, the use of the name "territorial public self-government" will characterize the nature of the dream bodies as mixed (public - public), which, in the author's opinion, is also not true.

LEGITIMATION PROBLEMS OF PUBLIC GOVERNMENT IN MODERN RUSSIA

2021 ◽  
Vol 7 (1) ◽  
pp. 95-111
Author(s):  
Dmitry A. AVDEEV
Keyword(s):  
Constitutional Law ◽  
State Power ◽  
Public Authority ◽  
Public Authorities ◽  
Public Power ◽  
The People ◽  
Direct Formation ◽  
Key Issues ◽  
The Difference ◽  
Legal Understanding

The problem of the effectiveness and efficiency of public authority is the subject of research in various sciences, including the legal one. In particular, from the standpoint of the domestic science of constitutional law, it is of interest to study the foundations of the organization and functioning of public authorities and management at various levels in a given period of time to develop recommendations aimed at improving the activities of government bodies. The 2020 constitutional and legal reform introduced significant adjustments to the organization and activities of not only the highest bodies of state power. Strengthened the interaction of public authorities and local self-government, which together form a single system of public authority and carry out interaction in order to most effectively solve problems in the interests of the population. Despite the ambiguity of the category “public power”, one of its properties is the activities legitimacy of the bodies that exercise it. In this regard, at present, there are a number of problematic aspects related to the procedure for the formation (formation) of higher bodies of state power and local self-government and the degree of participation of citizens in it (for example, citizens do not participate in the direct formation of the Federation Council, heads of municipalities are not elected by the population). Until now, the science of constitutional law continues to discuss the legal content of the concept of “people”, which is one of the key issues in the process of legitimizing public authority. In the article, the author proposes to find out the difference between the legal understanding of the people as a “source of power” and as a “bearer of sovereignty.” Considering public power, the author reveals such an inalienable property of it as legitimacy. Analyzing the problems of public administration in the Russian Federation, the author proposes a number of measures aimed at improving the legislation.

scholarly journals Judicial Power Principles in the Constitutions of African States

2020 ◽  
Vol 37 (65) ◽  
pp. 209-216
Author(s):  
Aleksej P. Treskov ◽  
Ella Z. Jamil ◽  
Alevtina E. Novikova ◽  
Valery N. Samsonov ◽  
Sergey S. Zakharov
Keyword(s):  
State Power ◽  
Judicial Power ◽  
Public Authorities ◽  
Constitutional Development ◽  
Political Processes ◽  
History Of ◽  
Structural Parts ◽  
Legal Methodology

The objective of the research was to study the principles of the judiciary in the constitutions of some African states. The modern constitutional development of African states is mediated by the complex history of the continent, as well as by ongoing political processes. The emergence of basic laws in these states has become the basis not only for the establishment of constitutionalism, but also for the establishment and functioning of key public authorities. According to the functional division of state power, the organization and activities of the judicial authorities are inalienable. The source of such institutionalization and organization, of course, is its constitutions. In this sense, in the framework of this work, attention is paid to research to the analysis of the principles of the judiciary in the constitutions of African states. Formal-legal, linguistic-legal and comparative-legal methodology were used, which were used together to identify the principles of the judiciary. It is concluded that the analysis carried out showed that most of the constitutional principles sought are formalized in the special structural parts of the constitutions dedicated to the court of various instances.

scholarly journals MODERN FEATURES OF THE INSTITUTIONAL AND ORGANIZATIONAL ENVIRONMENT OF TOURISM DEVELOPMENT IN TERRITORIAL COMMUNITIES

2020 ◽  
pp. 198-208
Author(s):  
Oryslava Korkuna ◽  
Oleksandr Selivonchyk
Keyword(s):  
Local Governments ◽  
Local Community ◽  
Tourism Development ◽  
Local Communities ◽  
Organizational Environment ◽  
Public Authorities ◽  
Advantages And Disadvantages ◽  
Long Time ◽  
History Of ◽  
Structural Methods

Introduction. Assessment of the development of tourism and recreation in local communities, identifying problems associated with the formation of a favorable environment for tourists and vacationers, as well as revealing the advantages and disadvantages of the institutional and organizational environment of tourism are possible only if we consider the local community as a holistic tourist destination. The main elements of legal support for the development of tourism in the community are legal and regulatory acts of public authorities and local governments. The purpose of the article is to analyze the features and identify the problems of institutional and organizational environment for the development of tourism and recreation in local communities in modern conditions. Methods. The authors used the methods of dialectical and formal logic in the article for study the essence of the institutional and organizational environment of tourism development in territorial communities; benchmarking method for determining the effectiveness of implemented reforms in the formation of local self-government; statistical methods for data visualization and organization; structural methods for assessing the existing processes of development of the tourism sector and identifying their main problems. Results. The article examines the legal environment for the development of tourism and recreation in local communities. The normative-legal acts which have a direct and indirect relation to the researched problem are allocated. In the context of the studied territorial communities, the main problems of tourism and recreation development are grouped based on a survey of domestic and foreign tourists. The reasons for the unsuccessful implementation of public-private partnership projects in the field of tourism and recreation in territorial communities are stipulated. The process and experience of organizing tourist activities in communities on a cluster basis, in particular those that have been operating in the market for a long time and those that have just begun to form, are studied. Their features and prospects for development are defined. Typical examples include clusters with a long history of operation, as well as recently formed ones. Based on the analysis of the development and functioning of tourism clusters in Ukraine, the main directions of development of this area in territorial communities are proposed.

scholarly journals PUBLIC CONTROL IN THE SYSTEM OF LOCAL SELF-GOVERNMENT: BASES AND FEATURES

2019 ◽  
Vol 23 (3) ◽  
pp. 311-332
Author(s):  
Nikolay L. Peshin
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
Municipal Government ◽  
State Power ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Public Power ◽  
Public Control ◽  
The Russian Federation

Legal regulation of issues of public control and supervision is one of the problems of legal theory and practice. Underestimating of the place and features of municipal control in the system of public control and supervision is the cause of the poor quality of legal decisions taken, as well as legislation adopted at the level of both the Russian Federation and individual constituent entities of the Russian Federation. Municipal control in the system of public control and supervision, developing recommendations aimed at overcoming the shortcomings of legal regulation and practice of implementing municipal control. Methods: general and private scientific methods of cognition of objective reality (analysis, synthesis, abstraction, analogy, comparative legal, formal legal, and other methods of scientific cognition). The article deals with issues of relationship between state and municipal (public) control carried out by local self-government bodies - as a rule, due to the need to solve tasks that fall within the competence of state power. The problems of its independent implementation are studied based on the principles of local self-government - self-organization and self-control. A detailed analysis of the current legislation, allowing local governments to act as “controlling agents” of state power, is conducted, and based on this analysis, conclusions are made about the existing of municipal public control in the system of local self-government as a specific public phenomenon combining elements of public law and private law regulation. As a state, the Russian Federation is faced with the task of drastically improving the system of control (supervision) as a function of public power, and therefore the already initiated legal reform in this area will undoubtedly continue. In the context of the development of civil society and an open state, the development of forms of public control is also necessary, the lack of which creates a sense of “permissiveness” among the subjects of public power and inevitably leads to a decrease in the efficiency of public authority. Municipal public control within the framework of this system of public-state control should be oriented, including intra-system, at identifying deficiencies in the work of the bodies and officials of local self-government that impede the improvement of the quality of management and organizations. As a result, municipal public control should contribute to a safer for citizens to work and provide services to individuals and legal entities. Sphere of constitutional, administrative and municipal law; questions of the organization of state power and local self-government in the subjects of the Russian Federation; questions of control and supervisory activities. Separate existence of municipal authority does not mean the lack of interaction of local selfgovernment with state administration, non-coincidence of municipal formations under the influence of state-governmental structures, denial of influence of state on local self-government. State power has a significant impact on development of basic social processes predetermining the peculiarities of the implementation of public control by the municipal government. The implementation of supervisory activities, including at the local government level, is an important part of the stable, uninterrupted functioning of the state.

scholarly journals Legal space of the state: certain doctrinal principles

2021 ◽  
pp. 37-40
Author(s):  
D.M. Byelov
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Constitutional Law ◽  
Local Governments ◽  
International Standards ◽  
Public Authorities ◽  
Legal Concept ◽  
Spatial Boundary ◽  
Legal Space ◽  
Rule Making

The article considers the features of the category "legal space". The author cites the views of scholars engaged in the study of this legal concept. By linking the category of "legal space" to constitutional law, a conclusion is made about space as a constitutional-legal category. It is indicated that the development and assertion of Ukraine's own path and place in the geopolitical environment, its inclusion in European and world integration processes are inextricably linked with the organization of rule-making and law enforcement activities of public authorities and local governments, which would meet modern trends and international standards. in this area. New trends in the constitutional and legal construction of the country, the formation of civil society institutions, optimization and reform of public administration determine the new conditions for the implementation of state power, a prerequisite for effective operation of which is the unity of the legal space. It is established that legal space as a constitutional-legal category is a specific functional category of the science of constitutional law, which reflects certain spatial boundaries of the origin and development of any constitutional-legal action, the constitutional process, constitutional norm, state or event. Thus, space is a spatial boundary established by the Constitution, which can overcome itself and be replaced by more progressive in the implementation of constitutional and legal reform. They also simultaneously form a certain boundary, beyond which begin to develop constitutional relations.

scholarly journals Public authorities as an object of modern historical and legal research

2021 ◽  
Vol 118 ◽  
pp. 01002
Author(s):  
Levan Teimurazovich Chikhladze ◽  
Olga Yurievna Ganina ◽  
Yulia Grigorievna Babaeva ◽  
Azamat Tynyshtykbayevich Aldabergenov
Keyword(s):  
State Power ◽  
Scientific Work ◽  
Legal Basis ◽  
Unified Approach ◽  
Public Authorities ◽  
Public Power ◽  
Scientific Methods ◽  
State Institutions ◽  
General Scientific ◽  
Goals And Objectives

The purpose of the study is to analyze the views of theoretical scientists on the concept of public authorities and the place of local self-government bodies in the system of public authorities, based on well-established concepts, doctrines, and ideas developed in modern realities. To achieve the stated goals and objectives in scientific work, general scientific and specific scientific methods were used. The principles of objectivity and consistency, methods of analysis, synthesis, comparison made it possible to study the views of theoretical scientists, highlighting the argumentation that is significant for the research topic, based on facts, guided by the principles of reliability and impartiality, considering the topic in all its versatility and contradictoriness. The research is based on the theoretical works of Russian scientists studying various aspects of the multifaceted problem of public authorities as state institutions. The novelty of the research lies in the attempt to theoretically comprehend and scientifically analyze the concepts of public authority and public authorities based on the works of domestic authors, as well as to determine the positions of theoretical scientists in the place of local self-government bodies in the system of public authorities. The study made it possible to substantiate the rejection of the established stereotypes in the identification of the concepts of “public power” and “state power”, the reorientation of legal science towards the formation of the concept of state power as a variant of public power, the legal basis of which is the law. The paper also concludes the implementation of power relations through public authorities. At the same time, a lack of a unified approach to determining the place of local self-government bodies in the system of public authorities at present is indicated.

scholarly journals Experience in Creating and Developing the Information Security System in Volgograd Region

2020 ◽  
pp. 22-29
Author(s):  
Dmitry Tershukov
Keyword(s):  
Information Security ◽  
Organizational Structure ◽  
Local Governments ◽  
State Power ◽  
Security System ◽  
Security Threats ◽  
Public Authorities ◽  
Volgograd Region ◽  
The Status

The article analyzes the experience of creating and developing the information security system in Volgograd region. The author investigates the main tasks of the information security system and proposes the organizational structure of the information security system of Volgograd region. It is shown that the main functions of the Council are the following: analyzing and forecasting information security threats, defining conceptual approaches and priority directions in the field of technical protection of information in Volgograd region; analyzing the implementation of normative legal acts on technical protection of information and information security in Volgograd region; analyzing the status of information security in state authorities of Volgograd region, local governments of Volgograd region municipalities, in organizations that are not under the jurisdiction of the Federal bodies of state power and are located on the territory of Volgograd region; consolidating the efforts of territorial bodies of Federal Executive authorities and public authorities of Volgograd region to address the most complex and important problems of information security in Volgograd region; preparing proposals for improving the legislation of Volgograd region in the field of information security.

Opinions about the Power of the People and the Powers of the State in Regulating the Constitution of Romania

2018 ◽  
Vol 24 (2) ◽  
pp. 172-177
Author(s):  
Aurelia Teodora Drăghici ◽  
Teodor Bodoașcă
Keyword(s):  
Constitutional Law ◽  
State Power ◽  
The State ◽  
The Other ◽  
Legal Doctrine ◽  
Public Authorities ◽  
The People ◽  
As If

Abstract In a perspective of a long-awaited and postponed revision of the Romanian Constitution, we consider that it is necessary to reanalyze the name of the state power, given to public authorities (legislative, executive and judicial), opposite the quality of the Romanian people's sole proprietor of power in the state. Under this aspect, the current constitution materializes an obvious normative indecision and inconsistency of terminology of the constituent Legislator.Also, in the legal doctrine of the field, although there are numerous and remarkable scientific works of constitutional law, he subject, as a rule, is bypassed, and the power of the people and the powers of the state are analyzed As if the first consecration would not exclude the other, And the recognition of the latter would not question the existence of the former

scholarly journals Legal space of the state: constitutional and legal aspect

2021 ◽  
Vol 66 ◽  
pp. 32-35
Author(s):  
D.M. Byelov ◽  
M.V. Hromovchuk
Keyword(s):  
Law Enforcement ◽  
Constitutional Law ◽  
Local Governments ◽  
Legal Aspect ◽  
International Standards ◽  
Public Authorities ◽  
Legal Concept ◽  
Spatial Boundary ◽  
Legal Space ◽  
Rule Making

The article considers the features of the category "legal space". The author cites the views of scholars engaged in the study of this legal concept. By linking the category of "legal space" to constitutional law, a conclusion is made about space as a constitutional-legal category. It is indicated that the development and assertion of Ukraine's own path and place in the geopolitical environment, its inclusion in European and world integration processes are inextricably linked with the organization of rule-making and law enforcement activities of public authorities and local governments, which would meet modern trends and international standards. in this area. New trends in the constitutional and legal construction of the country, the formation of civil society institutions, optimization and reform of public administration determine the new conditions for the implementation of state power, a prerequisite for effective operation of which is the unity of the legal space. It is established that legal space as a constitutional-legal category is a specific functional category of the science of constitutional law, which reflects certain spatial boundaries of the origin and development of any constitutional-legal action, the constitutional process, constitutional norm, state or event. Thus, space is a spatial boundary established by the Constitution, which can overcome itself and be replaced by more progressive in the implementation of constitutional and legal reform. They also simultaneously form a certain boundary, beyond which begin to develop constitutional relations.

scholarly journals Constitutional and legal principles of regionalization in European countries: structural and functional characteristics of the mechanism of public power

2021 ◽  
Author(s):  
A. A. Grynchak
Keyword(s):  
Local Governments ◽  
Local Level ◽  
The State ◽  
European Countries ◽  
Federal State ◽  
Public Authorities ◽  
Public Power ◽  
Decentralized System ◽  
The Public ◽  
Democratic State

The article analyzes the basic principles of regionalization in European countries and highlights the key features of the mechanism of functioning of public authorities in the context of regionalization. The European experience convincingly shows that an effective decentralized system of territorial organization of public power and administration is an integral part of a modern democratic state governed by the rule of law. The institutional basis for such a system is effective local government and balanced regional development. Decentralization and regionalization are interconnected: regionalization cannot occur without decentralization. Regionalization is, in fact, decentralization, taking into account the regional characteristics of the state. Based on the principle of division of powers, for each democratic state it is necessary to delineate the competence of public authorities. In turn, it is extremely important to determine the optimal level of concentration of power powers for each institutional link in the public power system - with the subsequent transfer of “excess” powers to the subjects as close as possible to the population, that is, their decentralization. Regionalization means a way of defining and delimiting tasks and functions, in which most of them are transferred from the level of central bodies to a lower level and become their own tasks and powers of lower-level bodies, in particular, regions. Governance at the local level and in local affairs can be carried out in two ways: both by officials of the state apparatus appointed “from above”, functioning “on the ground” (officials of state authorities), and by local governments and other entities authorized by the state. It can also be noted that the share of administrative activities is assigned to regional bodies or other state-authorized entities. This decentralization of power in the state contributes to the development of democracy, because there is an expansion of the influence of territorial communities, social groups and the public on the implementation of public functions of government in order to optimally meet the diverse needs of the population. Regionalization is associated with the process of redistribution of public power resources (including power) between different levels and centers of public power in two directions: from the state to its internal formation (autonomies, subjects of the federation), and also from the state to cross-border structures and international centers public authorities (trans-European regions, international organizations, transnational corporations). Regionalism should be understood as an interconnected political and economic system that ensures the special status of regional entities in the political system of the state, the participation of regions in the implementation of state power, European integration and international relations, their relative economic and fiscal independence in a unitary and/or federal state. Regionalism is also expressed in policies that stimulate the endowing the regions with a certain degree of political independence. Regionalism is associated with the desire and movement of regions towards freedom of self-government, preservation and respect of their traditional culture and peculiar institutions.

Sign in / Sign up

Export Citation Format

Share Document