scholarly journals Features of public electoral administration in situation of pandemic

2021 ◽  
Vol 10 (47) ◽  
pp. 54-61
Author(s):  
Maryna Spivak ◽  
Maksym Pluhatyr ◽  
Larysa Kochubei ◽  
Anastasiia Nekriach ◽  
Svitlana Matchuk
Keyword(s):  
The State ◽  
Legal Regime ◽  
Public Authorities ◽  
State Of Emergency ◽  
Early Voting ◽  
Foreign Countries ◽  
Election Process ◽  
General Scientific ◽  
The Subject ◽  
Voting Methods

The aim of the article is to consider the issues of public administration of the election process in situation of pandemic, the peculiarities of the implementation of election legislation and the problems of elections in Ukraine and abroad with the introduction of quarantine restrictions. The subject of the study is the peculiarities of holding elections in situation of pandemic. Research methodology. The set of general scientific and special methods is used to achieve the objectives of the research: systemic, dialectical, systemic and structural, legal and dogmatic, comparative, predictive methods. Research results. It has been noted that in many countries the question of postponing the dates of elections and referendums, which had been set in advance, was raised because of the Covid-19 pandemic. Practical meaning. The analysis of the experience of foreign countries in postponing the voting dates of elections and referendums has shown that such measures had been taken because of the introduction of the state of emergency as the special legal regime for public authorities and administration throughout the State or in individual administrative-territorial units, which entailed substantial restriction of citizens’ rights and freedoms in the area of electoral matters. Value / originality. The need for further research of alternative voting methods, such as direct visits to the polling station, such as remote voting, voting by mail, early voting, mobile voting, electronic voting, voting by proxy and others has been substantiated.

State of emergency in Poland: constitutional regulation and “hybrid” nature during the COVID-19 pandemic

2021 ◽  
Vol 30 (4) ◽  
pp. 41-67
Author(s):  
Valentina Chekharina
Keyword(s):  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Hybrid State ◽  
Political Interests ◽  
The World ◽  
Constitutional Tribunal ◽  
Law And Justice ◽  
The Republic ◽  
Emergency Measures

The COVID-19 pandemic became widespread across the world throughout 2020 and 2021 in an emergency that gravely impacted the health and lives of people around the world. States have taken exceptional measures to combat the pandemic, including controversial decisions to introduce emergency regimes, which have been questioned in regards to their compliance with constitutional regulations. The fight against the COVID-19 pandemic requires special measures, however they must remain within the constitutional framework. Consequently, the pandemic and its effect upon the legality of regimes in a state of emergency has captured the attention of legal scholars. The aim of this study is to analyse the constitutional regulation of the state of emergency in the Republic of Poland which was introduced in the country during the COVID-19 pandemic. In Poland, an emergency regime was introduced following an order by the Minister of Health. However the state of emergency (here, natural disaster) as stated by the Constitution was not introduced, although, according to analysts, some state bodies and officials had confirmed that all the necessary conditions for this were met. On 2 March 2020, the so-called Special Law on Coronavirus was adopted, followed by other regulations to fight the pandemic. These analysts stated that the measures introduced by the new acts corresponded to a legal regime containing the constitutional characteristics of a state of emergency, but lacked the appropriate constitutional procedure for their introduction. Presidential elections were held at this time, however legally they cannot be held during a state of emergency, as it indicates the presence of political interests in the choice of the regime. The unconstitutional procedure of the introduction of emergency measures alongside their characteristics of the state of emergency make it possible to consider the epidemic regime introduced in Poland a “hybrid” state of emergency, which is not detailed by the Constitution or legislation. On this basis, the study concludes that reasons behind the unconstitutional response to the COVID-19 pandemic in Poland can be found in both the Constitution, and in the manifestations of the crisis of the constitutional and legal system, which began with the reform of Poland’s Constitutional Tribunal by the ruling Law and Justice party in 2015.

scholarly journals STATE SUPPORT: CONSTITUTIONAL FIXING IN FOREIGN COUNTRIES

2019 ◽  
Vol 7 (4) ◽  
pp. 813-817
Author(s):  
Aleksej N. Nifanov ◽  
Andrey V. Sushkov ◽  
Abdurahman A. Shahbanov ◽  
Vasilij A. Zajcev ◽  
Elnur E. Veliev
Keyword(s):  
Comparative Analysis ◽  
The State ◽  
State Support ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Alternative Approaches ◽  
Scientific System

Purpose: Taking into account the domestic experience, the present study was aimed at carrying out a comparative analysis of the constitutions of foreign countries in order to identify the norms related to the state support in them. Methodology: The present study was carried out based on a dialectical approach to investigate the legal phenomena and processes, using general scientific (system, logical, analysis and synthesis) and private scientific methods. Result: The findings of this study revealed the opportunity for the organization of various recipients of the declared support; and identification of alternative approaches to consolidation of the constitutional laws regarding the state support. Applications: This research can be used for universities and students in politic. Novelty/Originality: In this research, the model of constitutional fixing in foreign countries is presented in a comprehensive and complete manner.

scholarly journals The Subject of the Migration Process as the Main Component of the Administrative and Legal Mechanism of Migration

2020 ◽  
pp. 274-285
Author(s):  
Iryna STOROZHUK
Keyword(s):  
Public Management ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Migration Process ◽  
Public Authorities ◽  
The Subject ◽  
Main Component ◽  
Legal Mechanism

One of the conditions for building the rule of law is to improve public management of migration processes in accordance with international standards. Migration is an integral part of any state. Migration processes can be affected by economic, political, social, demographic factors, environmental or man-made disasters. Not the least role in migration processes is played by military conflicts or religious or racial persecution. Migration is the movement of a person to change his or her place of residence or stay, involving the crossing of a state border or the boundaries of administrative-territorial units. The administrative and legal mechanism of migration covers the main elements of the migration process. The main one is the subject. Migrant as the subject is a person through whom migration relations arise. The system of public authorities is treated as a subject of regulation of migration processes on behalf of the state. It is the interaction of the subjects that makes migration relations real. The subjects of migration processes are: public authorities and administration, which are endowed with certain powers in the field of migration management. Individuals who have crossed administrative borders or changed their place of permanent residence can be citizens of Ukraine, citizens of foreign countries, stateless persons, refugees, internally displaced persons. Non-governmental organizations that do not have direct authority to manage migration processes and can have a direct impact on the integration of migrants into the new social environment. The ratio of executive, legislative and judicial power in the system of legal regulation of migration in Ukraine shows that the indispensable attribute of the state-power mechanism, built on the principles of separation of powers, is the executive power. It creates conditions for the implementation of the preventive function of the legislature, initiates changes in the current migration legislation; implements its own executive and administrative functions; supports the exercise of judicial functions by the judiciary and itself acts as an object of judicial influence. The analysis shows that geopolitical migration processes contribute to the expansion of the subjects of migration processes, and that one of the current problems of the modern system of administrative and legal regulation of migration processes is the need to reconcile the interests of the state, its citizens and migrants.

scholarly journals The place and role of official observers from foreign states and international organizations in elections: the experience of Ukraine and foreign countries

2021 ◽  
pp. 70-82
Author(s):  
O.V. Martselyak ◽  
M.O. Martselyak
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
Foreign Countries ◽  
Election Process ◽  
Election Monitoring ◽  
The Status ◽  
State And Local

The article states that formation of representative state and local self-governmental authorities is an important stage of state formation. And the legitimacy of both their conduct and the representative public authorities in Ukraine depends on the extent to which it will be carried out within the framework of the election legislation and the extent to which the domestic legislator will provide anti-fraud factors and safeguards against mass violations of various elections.             National and foreign practice proves that the institution of election monitoring that is represented by various observers who contribute to the conduct of election campaigns on a democratic basis in accordance with the electoral standards developed by the international community, is rather effective in this respect.             In Ukraine, the status of official observers is granted to: 1) official observers from candidates, parties (organizations of parties) - subjects of the election process, 2) official observers from public organizations which are duly authorized to have official observers in the relevant elections, 3) official observers from foreign states and international organizations who can observe the election process.             The Electoral Code of Ukraine defines the status of official observers differently, in particular, official observers from foreign states and international organizations are not recognized as subjects of the election process. However, this does not diminish their role in monitoring the electoral process in Ukraine by the legality of the actions of its subjects. The introduction of the institution of official observers from foreign states and international organizations is seen as expression of trust between states and as evidence of the intention of these countries and international organizations to contribute to the democratization of the electoral process in the world.              The paper reveals the legal nature of official observers from foreign states and international organizations, highlights the standards of legal status of official observers from foreign states and international organizations developed by international organizations, considers national and foreign experience of legal regulation of their status and substantiates provisions on necessity for improvement of national electoral legislation on this basis.

scholarly journals Special Legal Regimes and Their Status under the Lithuanian Legal System

Teisė ◽  
2020 ◽  
Vol 117 ◽  
pp. 79-98
Author(s):  
Vaidotas A. Vaičaitis
Keyword(s):  
Human Rights ◽  
Disaster Management ◽  
Legal System ◽  
The State ◽  
Legal Regime ◽  
State Of Emergency ◽  
Management Regime ◽  
Legal Regimes

Based on the constitutional approach, this article examines three special legal regimes in the Lithuanian legal system: the state of emergency, disaster management regime, and quarantine. The article uses four methodological criteria to reveal the differences and similarities between these legal regimes: a) the basis for the declaration of a particular legal regime, b) the subjects of their declaration and management, c) their duration, and d) the special measures applied during them, including human rights restrictions.

scholarly journals The work of the Council of Border Troops' Commanders on combating illegal migration at the external borders of the CIS member-states

2020 ◽  
pp. 1-11
Author(s):  
Aleksey Nikolaevich Kaldyshev
Keyword(s):  
Law Enforcement ◽  
Information Exchange ◽  
Illegal Migration ◽  
Dynamic Changes ◽  
Member States ◽  
Scientific Methods ◽  
Systemic Analysis ◽  
Foreign Countries ◽  
General Scientific ◽  
The Subject

The subject of this research is the work of the Council of Border Troops' Commanders on combating illegal migration at the external borders of the CIS member-states. The conducted analysis determines the practical components of main efforts and separate results of the activity of the Council of Border Troops' Commanders. However, the dynamic changes in situation and forms of illegal activity at the external borders of CIS member-states obligates the border and law enforcement authorities to act using the advanced technologies. Research methodology includes the combination of general scientific methods, such as systemic analysis and summarization of scientific concepts. The main conclusions consists in recommendations of improvement of the system of information exchange between the bodies of sectoral cooperation on combatting illegal migration at the external borders of CIS member-states, with consideration of the existing experience of the bodies of sectoral cooperation, as well as the experience of other international organizations and foreign countries.

scholarly journals Cyberterrorism as a threat to the cyber security of Ukraine: A discussion of theoretical aspects

2020 ◽  
Vol 10 (40) ◽  
pp. 73-83
Author(s):  
Ihor Diorditsa ◽  
Kateryna Katerynchuk ◽  
Armenui Telestakova ◽  
Nataliia Kulak ◽  
Andrii Nastiuk
Keyword(s):  
Information Security ◽  
Real World ◽  
Cyber Security ◽  
The State ◽  
Methodological Basis ◽  
Special Scientific ◽  
General Scientific ◽  
The Subject ◽  
The Difference ◽  
Terrorist Acts

In this article, the authors analyze cyberterrorism as a threat to Ukraine's cyber security. The urgency of the issue declared in the paper is conditioned by the fact that fair number of terrorist acts intende to make harm to the interests of the state, can be committed today both in real world and in cyberspace. As such acts are committed using computer systems and are done in cyberspace, authors propose to define this type of socially dangerous acts as «cyberterrorism». The methodological basis of this study is a set of philosophical, general scientific, special scientific and other methods that are directly applied in legal researches. The authors have done the interpretation of terms making up the conceptual and categorical apparatus of the subject of research. The difference between information terrorism and cyberterrorism has been substantiated by the writers. The emphasis was placed on the necessity to create a Cyber Command that could react fast to challenges in the information security sphere of the state, including acts of cyberterrorism.

scholarly journals Italy’s response to the COVID-19 pandemic: problems of normative management of emergency

2020 ◽  
Vol 2020 (3) ◽  
pp. 54-60
Author(s):  
Tatiana Vasilieva
Keyword(s):  
Negative Impact ◽  
The State ◽  
Public Authorities ◽  
State Of Emergency ◽  
Leading Role ◽  
Western Democracy ◽  
Systemic Problems ◽  
The Government ◽  
The Right ◽  
Council Of Ministers

Dueto the global nature of the COVID-19 pandemic, public authorities of different countries had to deal with similar tasks related to protecting of public interests and ensuring the right to health, inextricably linked to the right to life. Italy was the first Western democracy to experience the effects of the coronavirus. On January 31, 2020, a state of emergency was introduced in the country, which was supposed to be in effect until July 31, 2020. In March it was extended to the entire territory of the country, and severe restrictions on freedom of movement were introduced. The COVID-19 pandemic has demonstrated the ability of public authorities to withstand an emergency and at the same time exposed systemic problems in the relationships of public authorities, both at the horizontal and vertical levels. Introduction of the state of emergency resulted in the Government’s significant increase of power. The situation was managed either by delegated legislation, or by administrative regulations of the President of the Council of Ministers or individual Ministers. The decrees of the President of the Council of Ministers have taken a leading role in the emergency management. Within a month after the declaration of the state of emergency, the Italian Parliament did not show any activity and resumed its activities only due to necessity to approve decrees and laws. In fact, the constitutional control over the Government activity was weakened. The lack of due coordination between the State and regions in the normative sphere undermined trust between authorities and had a negative impact on adherence to the principle of loyal cooperation.

scholarly journals THE CONSTITUTIONAL CHARACTERISTICS OF THE STATUS OF THE BRITISH ANTARCTIC TERRITORY AS A SECTOR OF ANTARCTICA AND THE SUBJECT OF PARTNERSHIP WITH THE KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

2016 ◽  
pp. 0-0
Author(s):  
Игорь Ирхин ◽  
Igor Irkhin
Keyword(s):  
Legal Regime ◽  
Public Authorities ◽  
The Public ◽  
Current Period ◽  
The Status ◽  
Antarctic Treaty ◽  
The Subject ◽  
Territorial Claims ◽  
Overseas Territories ◽  
The Antarctic

The article emphases that the current period of legal vacuum in the form of “freezing” the territorial claims of states in Antarctica, including the British Antarctic Territory, is not an unconditional guarantee means to prevent the international communication subjects’ claiming for the future sovereign and “quasi-sovereign” standing to the Antarctica and its regions with the formalization of the public authorities’ respective powers in the national legislation. The author also emphases on the relevance of improving the Antarctic’s international-legal regime. This includes the detail of unification and standardization of responsibility mechanisms for violation of the existing legal acts’ provisions that determines the procedure and conditions for international cooperation on this continent. It is proposed to consider the validity and appropriateness of the Antarctic Treaty 1959 regulations on consolidation opportunities of previously asserted rights of Contracting Parties or their claims to territorial sovereignty in Antarctica. The author believes that the rule of this legal act generates the problem of uncertainty of the States sovereign rights over the continent and its particular parts. The article also brings an argument that position on the lack of validity of the relations qualification between Britain and the British Antarctic Territory as a partnership and as the management of overseas territory are carried out directly and exclusively by the British authorities in the person of Commissioner, there is no “local” institutions of public authority and no permanent population. In addition, the category of the Kingdom’s sovereignty, which is the basic qualification under the partnership, excludes the independence of the Overseas Territories as it absorbs partnerships leveling its qualitative characteristics. The author analyzes features of the constitutional status of the Commissioner as a representative of the British Crown. It is necessary to bring the provisions of the Order of the British Antarctic Territory 1989 in line with the Antarctic Treaty 1959.

scholarly journals Cooperation and collaboration between the Polish Police and Armed Forces of the Republic of Poland in terms of ensuring security and public order

2020 ◽  
Vol 31 ◽  
pp. 200-210
Author(s):  
Dominika Rozborska ◽  
Keyword(s):  
Armed Forces ◽  
The State ◽  
Public Order ◽  
Main Task ◽  
Public Authorities ◽  
State Of Emergency ◽  
State And Society ◽  
General Obligation ◽  
The Republic ◽  
Vast Area

Ensuring security and public order is one of the most important, constitutional objectives of the State and at the same time the task of many public authorities. The Police is leading, uniformed and armed formation in a system of public safety authorities whose overriding operating objective, determined by the legislator is to serve the society by protecting people’s safety and maintaining security and public order. However, in carrying out tasks related to such vast area of activity, the Police does not have to be unassisted. Natural partner for the Police is the army, despite the fact that the main task of the Armed Forces of the Republic of Poland is to protect the State and society from external military threat. This study aims to characterize formal foundations and scope of cooperation between Polish Police and Armed Forces in terms of ensuring security and public order. For this purpose, legal basis for providing support for the Police by the Polish Armed Forces under the laws on: state of emergency, natural disaster, crisis management, the Police, counter-terrorism actions and general obligation to defend the Republic of Poland and issued regulations based on them were examined. This article also refers to the issue of cooperation of the Police with the Armed Forces of the Republic of Poland on the basis of concluded agreements.

Sign in / Sign up

Export Citation Format

Share Document