scholarly journals Advisory Council of the State Council of Iraq a Comparative Study

Author(s):  
Dr. Rana Ali Hamid Al - Saadi

The Iraqi Council of State is a constitutional institution of a judicial and advisory nature with functions guaranteed by constitutional and legal rules. The Advisory Council of the Iraqi Council of State represents one of the two pillars of the post, as well as the judicial function established by Law No. 106 of 1989. It shall be entrusted with the legal opinions that illuminate its legal path and solve any problems that may arise among its departments. It also contributes to the preparation and drafting of laws related to public administration. This jurisdiction includes the presence of an entity possessing scientific expertise for its performance Under this function, the Council appears as a legal adviser to the State, which is provided with legal opinions that illuminate its legal path and resolve problems that may arise among its departments. It also contributes to the preparation and drafting of laws related to public administration. It is also of great importance to the state departments and their employees when they start their job responsibilities by properly implementing the laws based on the advisory opinions of the State Consultative Council in interpreting the various legislations in order to avoid misinterpretation of the laws or in their application, In this paper, we discussed the analytical approach of legal texts and the comparative method in scientific research by comparing the legislative texts mentioned in the comparative systems with comparing them with the legal opinions and decisions issued by the Iraqi Council of State, similar to those issued by the State Councils in comparative systems in France and Egypt. The research also includes an introduction and three sections The first topic revolves around the concept of the advisory jurisdiction of the State Council, while the second section we address it examined the legal basis for the jurisdiction of the Advisory Council of State, and then the third section we will cover it to the types of consultations expressed by the State Council, the legal value to it, and finally the conclusion.

2016 ◽  
Vol 14 (2) ◽  
pp. 91-117
Author(s):  
Dariusz Szpoper

The article is devoted to the Council of State (Gosudarstvenny soviet) of the Russian Empire. The author presents an evolution of the state authority. Over the years of its operation it played the role of institution that advised the emperor on the legislative matters. A very important moment in the history of this institution was 1906, when the authority became the upper house of the Russian parliament. In this article the author presents the structure of the State Council and its staff composition, including participation of Poles and Lithuanians in its work.


Author(s):  
M. Kopytsia

The course of European integration chosen by the state and the further accession of Ukraine to the European Union requires, in turn, the reform of national legislation and the system of authorities, as well as a review of the state's role in the life of public relations, including agrarian ones. In this regard, there is a need to carry out agrarian reform of Ukraine, the main purpose and task of which is to ensure the activity of the national commodity producer, to bring the agrarian sector of Ukraine to the international level, as well as to strengthen the position of Ukrainian products in the world market. However, without the proper involvement of the state, achieving these goals is virtually impossible. That is why the role of the state in ensuring the development of the agro-industrial sector is crucial. At the same time, the state should not interfere in agribusiness, and it is obliged to create only favorable environment for business entities. In this case, it is important to ensure the proper public administration of agrarian legal relations, which in turn creates the need to study the nature of public administration, the purpose and mechanisms of implementation, as well as legislative regulation. At the same time, considerable attention needs to be paid to the study of state support for agriculture, which in recent years has been the main type of state participation in the field of agriculture. Public administration and direct government support for agriculture create the right conditions for agribusiness development, including the opportunity for small and medium-sized businesses to develop. The article explores the concepts of public administration and state support for agriculture, defines their purpose and content. The comparative legal characterization of public administration and state support has been carried out separately, and it has been established that these are different legal categories, but interrelated and interdependent. It is determined that the national legislation of Ukraine does not have definitions of the studied concepts, and therefore one of the directions of reforming the national legislation should be its updating by fixing the concept of public administration, methods, principles of its implementation, etc. The purpose of the study is to compare state support and public administration in agrarian law of Ukraine, to determine common and different characteristics, to establish methods of implementation of state support and public administration, to study the experience of foreign countries on state support and public administration of agricultural producers. The object of the study is the legal relations that arise between the state and other subjects of agrarian legal relations regarding the implementation of public administration and state support of the agrarian sector. The methodological basis of scientific research is represented by the following methods: the method of legal analysis, comparative method, the structural method, the formal legal method. Keywords: public administration, state support, state aid, public administration, agrarian relations, public authorities.


2020 ◽  
pp. 267-285
Author(s):  
N.V. Chernikova

The legislative process in the Russian Empire fell into two main phases: the law was first developed in the ministries and then discussed by the highest lawmaking institutions, primarily the State Council. Thus, the cooperation of all participants in the lawmaking process was a prerequisite, but it was not always possible to achieve it. Ministries tried to preserve the integrity of their projects, while the Council of State often made significant changes to ministerial submissions in an effort to save them from shortcomings and weaknesses. Throughout the second half of the XIX century confrontation between the heads of departments and the legislative institution was formed in different ways. The analysis showed that during the reign of Alexander II the violation of the legislative process was more frequent and the emperor repeatedly approved bills that were not discussed in the State Council. However, this path did not guarantee the successful implementation of the new law. On the contrary, the changes made to the projects of the State Council were aimed primarily at the workability of government measures. And this justified them in the eyes of ministers and the monarch himself (especially in the reign of Alexander III), ensured their agreement with the Council’s opinion.


2021 ◽  
Vol 2 ◽  
pp. 56-60
Author(s):  
Petr N. Kobets ◽  

One of the primary roles in China’s public administration system is assigned to the state Council of the country. Currently, many researchers have an increased interest in this state body, which performs the functions of the country’s government and is the highest Executive authority. In this regard, the author set a task to study the features of the formation, functioning and reform of this public authority, which performs the function of the country’s government. As a result of the research, the author notes that the formation of the Chinese State Council has a long way to go, from the creation of rural administrations in the 1930s, to the formation of the Central people’s government in the 1950s and its regular reform until now. And if in the early period of the people’s Republic of China, the country’s Communist party together with the government were a single entity, then in the late 1970s, their functions were gradually distributed, and the government smoothly moved to independent day-to-day management of the state. Therefore, today the Communist party makes strategic decisions that determine the state’s policy, and government structures implement this policy, focusing on solving economic problems, leaving the issues of ideology, personnel and security to the Communist party. Special attention was paid to the modern features of the reform of the State Council, which is taking place within the framework of structural transformations carried out in the form of in-depth reforms of public administration institutions initiated in 2017 by the XIX Congress of the Chinese Communist party.


1998 ◽  
Vol 17 (1) ◽  
pp. 33-40 ◽  
Author(s):  
Mary Susan E. Fishbaugh ◽  
Linda Christensen ◽  
Harvey Rude ◽  
Susan Bailey-Anderson

The Montana Office of Public Instruction, Special Education Division, initiated its state Comprehensive System of Personnel Development (CSPD) Council 15 years ago in compliance with Public Law 94–142, The Education of All Handicapped Children Act. The state council has remained active and has become stronger from its beginning to the present time. Because of the large geography of the state and diversity of needs across the state, however, the state council was somewhat limited and fragmented in meeting personnel development needs. Consequently, the state council implemented a CSPD regionalization concept based on the five existing Developmental Disabilities Planning and Advisory Council (DDPAC) and Montana Council of Administrators of Special Education (MCASE) regions. The purpose of this article is to report on strategies and activities of regional CSPD actions in Montana. The regional model holds promise for replication as a framework of personnel development in other large rural states. This information is represented within the context of the recently enacted amendments to the Individuals with Disabilities Education Act through the provisions of Public Law 105–17.


e-Finanse ◽  
2019 ◽  
Vol 15 (3) ◽  
pp. 67-75
Author(s):  
Adam Mateusz Suchecki

AbstractFollowing the completion of the process of decentralisation of public administration in Poland in 2003, a number of tasks implemented previously by the state authorities were transferred to the local level. One of the most significant changes to the financing and management methods of the local authorities was the transfer of tasks related to culture and national heritage to the set of tasks implemented by local governments. As a result of the decentralisation process, the local government units in Poland were given significant autonomy in determining the purposes of their budgetary expenditures on culture. At the same time, they were obliged to cover these expenses from their own revenues.This paper focuses on the analysis of expenditures on culture covered by the voivodship budgets, taking into consideration the structure of cultural institutions by their types, between 2003-2015. The location quotient (LQ) was applied to two selected years (2006 and 2015) to illustrate the diversity of expenditures on culture in individual voivodships.


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