scholarly journals Review of the state anti-corruption institutions effectiveness in Ukraine

2021 ◽  
Vol 10 (38) ◽  
pp. 219-233
Author(s):  
Olha Bondarenko ◽  
Maryna Utkina ◽  
Mykhailo Dumchikov ◽  
Daria Prokofieva-Yanchylenko ◽  
Kateryna Yanishevska
Keyword(s):  
Closed System ◽  
State Power ◽  
Case Law ◽  
The State ◽  
National Agency ◽  
General Competence ◽  
Corruption Prevention ◽  
Almost All ◽  
Complete Transformation

The objective of the article is a review of the state anti-corruption institutions' effectiveness in Ukraine. An important part of anti-corruption reform in Ukraine has been the complete transformation of anti-corruption institutions. That is why the authors try to use the most optimal methodology that would be able to ensure the comprehensiveness and completeness of the study: phenomenological; the descriptive; the hypothetic-deductive; the statistical; and the method of case law analysis. It is proposed to analyze the anti-corruption powers of general competence authorities in the sphere of anti-corruption. The authors analyzed the powers of specialized anti-corruption authorities' functioning: the National Agency on Corruption Prevention; the National Anti-Corruption Bureau; the National Agency for finding, tracing, and management of assets derived from corruption and other crimes; the Specialized Anti-Corruption Prosecutor’s Office and the High Anti-Corruption Court. The conclusion is drawn that, realizing the need of the anti-corruption task, the state has developed an extensive and relatively closed system of specialized anti-corruption authorities. Almost all bodies of state power and local self-government have acquired certain anti-corruption competencies. The authors made conclusion that such dispersion of powers, and in some cases their duplication, does not simplify, but rather complicates the effectiveness of combating corruption.

scholarly journals Dominant strategies of state power discourse

2021 ◽  
pp. 48-59
Author(s):  
Zyubina Irina A.
Keyword(s):  
State Power ◽  
The State ◽  
Dominant Type ◽  
Speech Event ◽  
Research Material ◽  
Dominant Strategies ◽  
Text Content ◽  
Almost All ◽  
Type Of Behavior ◽  
Good Leader

The article is devoted to the dominant strategies of the discourse of state power. The relevance of the study is due to the interest of modern scientists in the anthropocentric scientific paradigm. The focus is on the individuals and their individual qualities associated with the phenomenon of domination. The work was carried out in line with the Implicit Pragminguistics. To carry out an objective pragmalinguistic analysis, as the research material the texts that have the largest possible number of similar features were selected, for example, text content (all analyzed texts are devoted to issues related to the problems of state power), year of the presentation (2018-2020), age (50-57), gender (five men and five women) and nationality (Russian-speaking) authors; and also the similarity of addressees (speeches of the addressees at the meetings of the national Parliament of Russia). The analysis is carried out according to two dominant strategies: “Participation / non-participation of communicants in a speech event” and “Certain / uncertain speech behavior of an author in a speech event”. To confirm the diagnosed personality traits, the references are made to the memoirs of the contemporaries of the representative of the state power whose texts of speeches were submitted for analysis, and we can say that the results are objective and find confirmation in the words of their acquaintances, friends and families, as well as in their biographies. The analysis shows that the majority of the representatives of the state power have a dominant type of behavior, a pronounced individuality and are talented leaders and organizers. You can also highlight such traits of their professional personalities as determination, independence, authoritarianism and focus on the listener. Almost all the representatives of the state power have a lot of confidence in their words, as this is the main trait of a good leader.

Remarks by Alejandra Gonza

2017 ◽  
Vol 111 ◽  
pp. 263-265
Author(s):  
Alejandra Gonza
Keyword(s):  
Freedom Of Expression ◽  
State Power ◽  
Freedom Of Speech ◽  
Case Law ◽  
The State ◽  
International Tribunal ◽  
Primary Means ◽  
American Case ◽  
The Right ◽  
Control State

Article 13 of the American Convention was designed to provide robust guarantees for the freedom of thought and expression. Early Inter-American case law conceived freedom of speech as a primary means to control state power and provided strong protection to varied expression. This included ideas and information considered “offensive, shocking, unsettling or disturbing for the state or to any sector of the population.” In fact, the Court was the first international tribunal to recognize the right to access to state-held information as part of the protection of freedom of expression.

scholarly journals SEPARATION OF POWERS, CHECKS AND BALANCES AND JUDICIAL EXERCISE OF SELF- RESTRAINT: AN ANALYSIS OF CASE LAW

Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
Magabe T Thabo ◽  
Kola O Odeku
Keyword(s):  
South Africa ◽  
South African ◽  
Separation Of Powers ◽  
State Power ◽  
Case Law ◽  
The State ◽  
The Other ◽  
Judicial Power ◽  
Checks And Balances ◽  
The Republic

The Constitution of the Republic of South Africa, 1996 creates a system in which there is a separation of the powers exercised by the different branches of the State. It also creates a system of checks and balances. The exercise of a power by one arm of state is checked by another to ensure that there is no abuse of state power. Organs of state ought to respect each other and the powers allocated to them by the Constitution. To this end, no organ of state should encroach upon the domain of the other organs. However, the courts wield enormous power because they are the ultimate guardians and custodians of the Constitution in South Africa. Courts have the power to declare any law or conduct unconstitutional. Where decisions have been taken by other arms of the State on matters falling within their exclusive domain and such decisions violate the Constitution, courts have a duty to intervene in order to make organs of state act within constitutional bounds. However, courts should not be overzealous and should not encroach upon the powers of the other arms of the State when exercising their judicial power and authority. Against this backdrop, this article analyses how the South African courts have cautioned themselves to exercise self-restraint in order not to usurp or encroach upon the powers of the other arms of the State while exercising their judicial authority and power.

scholarly journals Contemporary relations between the state power and the armed forces from the perspective of political science

Vojno delo ◽  
2021 ◽  
Vol 73 (3) ◽  
pp. 73-87
Author(s):  
Neđo Danilović
Keyword(s):  
Comparative Method ◽  
State Power ◽  
Armed Forces ◽  
The State ◽  
Synthetic Methods ◽  
Executive Power ◽  
Civilian Control ◽  
Scientific Methods ◽  
Political Actors ◽  
Almost All

The subject of the research in this paper are contemporary aspects of the relation between branches of the state power and the Armed Forces. The general starting hypothesis was: "If the state power holders do not have stable support in economic and political actors of the social structure and do not ensure their interaction with social, political, cultural, information and communications and security system, then the execution of the modern role of the Armed Forces in the political system is difficult." Almost all main analytical and synthetic methods of knowledge have been used in the paper, and the comparative method when it comes to general scientific methods. From the data collection methods the operational method of document content analysis has been used. The paper emphasizes several main findings, first of all, that the Armed Forces and other elements of the defence system in the process of protection of vital social values should be under constant supervision and civilian control of the legitimately elected legislative power, and the executive power should provide conditions, budget and supreme command and through ministerial instructions give guidelines and priorities for the development of the Armed Forces and directly control them. The judicial power sanctions anti-constitutional and illegal actions of the Armed Forces members, as well as other citizens of the society, but also protects the rights and freedoms of those who seek justice.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

PRINCIPLE OF AUTONOMY IN LETTER OF CREDIT: MALAYSIAN PRACTICE

2012 ◽  
Vol 19 (2) ◽  
Author(s):  
Rosmawani Che Hashim ◽  
Ahmad Azam Othman ◽  
Akhtarzaite Abdul Aziz
Keyword(s):  
International Trade ◽  
Significant Role ◽  
Case Law ◽  
Huge Amount ◽  
Letter Of Credit ◽  
Relevant Case ◽  
Method Of Payment ◽  
Almost All

The term letter of credit (LC) is not uncommon in international trade as it is the most frequently used method of payment by seller and buyer in their sales contract. LC serves its significant role by facilitating payment between buyer and seller from different countries, who are always prejudiced towards each other on the issue of payment, especially when the deal involves a huge amount of money. By using LC, the seller and buyer will be represented by their own bankers whose function, among others is to issue an LC for the buyer and pay on presentation of seller’s documents which strictly comply to LC requirements. It is well-known that LC is governed by the principle of autonomy or also referred to as the principle of independence1 which indicates LC, being a contract of payment is totally separate from the underlying sales contract. Banks are concerned with documents only and not with the goods. LC transaction can be governed by the Uniform Custom and Practice for Documentary Credit, known as the UCP through express incorporation which provides the rules relating to LC matters and is adopted in almost all LC transactions. This paper discusses the nature, background and significance of principle of autonomy in LC transaction. In elaborating the provisions on the principle of autonomy in the UCP 600, comparisons between relevant articles in the UCP 500 are highlighted. The discussion also focuses on relevant case law and on the application of the autonomy principle in conventional and Islamic LC. The paper concludes with the finding that Malaysian bankers fully subscribe to the principle of autonomy as outlined by the UCP 600.

KEY ASPECTS OF TRANSFORMATION OF THE STATE AUTHORITIES IN THE WORLD AND TO THE MODERN SOVERUM UKRAINE: A JOINT AND PERSONALITY

2018 ◽  
Vol 1 (11) ◽  
pp. 164-174
Author(s):  
Оlena Fedorіvna Caracasidi
Keyword(s):  
Separation Of Powers ◽  
Human Life ◽  
State Power ◽  
The State ◽  
Public Power ◽  
The People ◽  
Large Numbers ◽  
The World ◽  
Distribution Of Power ◽  
Key Aspects

The article deals with the fundamental, inherent in most of the countries of the world transformation of state power, its formation, functioning and division between the main branches as a result of the decentralization of such power, its subsidiarity. Attention is drawn to the specifics of state power, its func- tional features in the conditions of sovereignty of the states, their interconnec- tion. It is emphasized that the nature of the state power is connected with the nature of the political system of the state, with the form of government and many other aspects of a fundamental nature.It is analyzed that in the middle of national states the questions of legitima- cy, sovereignty of transparency of state power, its formation are acutely raised. Concerning the practical functioning of state power, a deeper study now needs a problem of separation of powers and the distribution of power. The use of this principle, which ensures the real subsidiarity of the authorities, the formation of more effective, responsible democratic relations between state power and civil society, is the first priority of the transformation of state power in the conditions of modern transformations of countries and societies. It is substantiated that the research of these problems will open up much wider opportunities for the provi- sion of state power not as a center authority, but also as a leading political structure but as a power of the people and the community. In the context of global democratization processes, such processes are crucial for a more humanistic and civilized arrangement of human life. It is noted that local self-government, as a specific form of public power, is also characterized by an expressive feature of a special subject of power (territorial community) as a set of large numbers of people; joint communal property; tax system, etc.

СОСТОЯНИЕ МЯСНОГО СКОТОВОДСТВА В РОССИЙСКОЙ ФЕДЕРАЦИИ: реалии и перспективы

2020 ◽  
Author(s):  
I.M. DUNIN ◽  
S.E. TYAPUGIN ◽  
R.K. MESHCHEROV ◽  
V.P. HODYKOV ◽  
V.K. ADZHIBEKOV ◽  
...  
Keyword(s):  
Beef Cattle ◽  
Russian Federation ◽  
The State ◽  
Comprehensive Assessment ◽  
Sales Volume ◽  
Cattle Breeding ◽  
The Russian Federation ◽  
Almost All ◽  
Further Development

Рассмотрены состояние и перспективы развития мясного скотоводства в Российской Федерации. Проведен мониторинг численности поголовья, породного состава и продуктивности мясного крупного рогатого скота во всех категориях хозяйств, изучены масштабы и объемы бонитировки скота за 20102018 годы. По данным Минсельхоза России, в 2018 году поголовье крупного рогатого скота в стране составило более 18 млн голов, в том числе численность животных специализированных мясных пород во всех категориях хозяйств достигла 2,26 млн голов. Комплексная оценка 711,16 тыс. голов, или 34,1 от общей численности мясного скота, в том числе 389,8 тыс. коров, принадлежащих к 15 породам и типам, разводимым в 57 регионах Российской Федерации показала, что наибольшее подконтрольное поголовье имеют абердин ангусская порода (417545 гол.), калмыцкая (137262 гол.), герефордская (87278 гол.) и казахская белоголовая породы (52563 гол.). Все подконтрольное поголовье животных является чистопородным и IV поколения, в том числе 99,7 быков-производителей и 99,3 коров. Анализ живой массы пробонитированного поголовья выявил тенденцию к ее повышению у коров всех возрастов в среднем на 54 кг, быков производителей на 39 кг, или на 16,7 и 5,2 за последние 9 лет, соответственно. Живая масса коров по итогам 2018 года в среднем составила 546 кг, быков-производителей 791 кг. По состоянию на 1.01.2019 года, племенная база мясного скотоводства страны представлена 270 племенными стадами, в том числе 46 племенными заводами и 224 племенными репродукторами. В 2018 году в различные категории хозяйств из племенных предприятий было продано 35517 голов племенного молодняка, в том числе 6388 ремонтных бычка с классами элита и элита-рекорд (85,3). В 2018 году было продано племенного молодняка в расчете на 100 коров галловейской породы 33,0 головы, казахской белоголовой 29,1 герефордской 28,0 калмыцкой 22,2 лимузинской 15,5 абердин ангусской 8,8 русской комолой 8,2 и симментальской мясной 4,7 голов. На основании мониторинга состояния мясного скотоводства страны за 20102018 годы были намечены перспективы дальнейшего развития.The article considers the state and prospects of development of beef cattle breeding in the Russian Federation. The number of livestock, breed composition and productivity of beef cattle in all categories of farms was monitored, the scale and volumes of bonding of cattle for the studied 9-year period (20102018) were studied. According to the Ministry of Agriculture of Russia, in 2018 the number of cattle in the country amounted to more than 18 million heads, including the number of cattle of specialized meat breeds in all categories of farms reached 2.26 million heads. A comprehensive assessment of the number of livestock in the amount of 711.16 thousand animals or 34.1 of the total number of beef cattle, including: cows 389.8 thousand heads belonging to 15 breeds and types bred in 57 regions of the Russian Federation, showed that the largest controlled livestock are: Aberdeen Angus breed 417545 animals, Kalmyk 1372726 animals, Hereford 87278 animals and Kazakh white-headed breed 52563 animals. Almost all of the controlled livestock of animals is purebred and IV generation, including: respectively 99.7 of bulls producers and 99.3 of cows. The analysis of live mass of a livestock revealed a tendency to its increase at cows of all age on average on 54 kg, bulls on 39 kgor for 16.7 and 5.2 for the last 9 years respectively. The live mass of cows following the results of 2018 averaged 546 kg, bulls 791 kg. As of January 1, 2019, the breeding base of beef cattle breeding in the country is represented by 270 breeding herds, including: 46 breeding plants and 224 breeding reproducers. In 2018, 35,517 heads of pedigree young animals were sold to various categories of farms from pedigree enterprises, including 6,388 repair bulls with elite classes and an elite record record for appraisal (85.3). An analysis of the sales volume of pedigree young animals in the context of farmed meat breeds showed that in 2018 pedigree young animals per 100 cows were sold in the country: Galloveian breed 33.0 goals, Kazakh white-headed 29.1 goals, Hereford 28, 0 goals., Kalmyk 22.2 goals., Limousin 15.5 goals., Aberdeen Angus 8.8 goals, Russian kolola 8.2 and Simmental meat 4.7 goals. Based on the monitoring of the state of beef cattle breeding in the country for the study period (20102018), prospects for further development were outlined.

Interaction of the State and Business on Indicators of Values and Innovations of Public Health

2019 ◽  
pp. 27-37
Author(s):  
V.A. Morozov
Keyword(s):  
Public Health ◽  
State Power ◽  
The State ◽  
Medical Institutions ◽  
Business Structures

The article analyzes the state of public health on the example of domestic and foreign statistics, as well as prospects for its development and improvement. The state of relations and forms of interaction of budgetary medical institutions (state, municipal) with private clinics, as well as directly private clinics with the structures of municipal and state power are considered. The directions and ways of interaction of power and business structures for improvement of methods and forms of service of patients on the basis of indicators of values and innovations are offered.

Effectiveness of Government Regulation of the Banking Sector: Assessment and Rating of Banks

2020 ◽  
pp. 85-95
Author(s):  
Halyna O. Kryshtal
Keyword(s):  
Government Regulation ◽  
Banking Sector ◽  
Credit Rating ◽  
Analytical Data ◽  
The State ◽  
Economic Sector ◽  
Rating Agencies ◽  
Depth Study ◽  
State Regulator ◽  
Almost All

The article deals with the causes of the negative situation in the banking sector, as the state of the bank depends on the analysis of almost all aspects of banking activity for some time. It is determined that during the banking sector audits, the state regulator uses analytical data on the banking sector's operations with its monetary obligations, compliance with maturities and maturities of assets that operate and terms and amounts of liabilities, namely, dealing with banking sector liquidity. As their financial reliability is important in the banking sector, therefore, bank clients are a socio-economic sector, needing an objective and independent assessment, as reliability directly affects the socio-economic development of the country. The banking sector was analyzed in 2016-2019 and it was found that during this period violations of laws and regulations issued by the state regulator were made in the banking sector. A number of penalties, written warnings and administrative penalties were applied by the state regulator. The method of determining the rating of banks in respect of which penalties were applied by the state regulator is proposed. The rating allows investors and potential clients to understand the situation in the banking market and helps banks identify their weaknesses and correct their work. The application of the proposed economic and mathematical model in the rating of participants in the banking sector can have a positive effect on: improving the quality of management in the banking sector and transparency in the activities of each individual bank; standardization of technologies of rating of the banking sector under the prism of the applied sanctions by the state regulator. Therefore, there is a need for an in-depth study of the techniques used by credit rating agencies in the banking sector and the identification of the main problems in establishing the rating of the banking sector. Key words: banking sector, state regulator, economic sector, efficiency, rating, rating, social sector.

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