scholarly journals Constitutional-Law Status of Autonomous Territories in the CIS Countries

2018 ◽  
pp. 69-76
Keyword(s):  
Constitutional Law ◽  
Legal Status ◽  
Comparative Law ◽  
Public Authorities ◽  
Autonomous Region ◽  
The Status ◽  
Independent States ◽  
Cis Countries ◽  
Autonomous Republic ◽  
Significant Attention

In the article, the legal status of autonomous territories in the CIS (the Commonwealth of Independent States) countries is discussed from a comparative perspective. Using a comparative-law methodology, the author examines constitutional provisions as well as special laws and regulations concerning each autonomous entity. The territorial autonomies in Azerbaijan (the Nakhchivan Autonomous Republic), Uzbekistan (the Karakalpakstan Republic), Tajikistan (the Gorno-Badakhshan autonomous region), and Moldova (Gagauzia) are studied. The status of autonomous territories in these states is defined by legal acts with different legal force. As a result, actual status of these territories varies from state to state. Nevertheless, it is emphasized that there are some similarities in provisions of the constitutions and other acts of the states under consideration. A significant attention is paid to analysis of systems of public authorities in autonomous territories, their organization, and procedures of appointment and elections to them. The competence of autonomous units and their legislative and executive bodies is also discussed. The author raises the question about the degree of autonomy in autonomous bodies’ activities.

scholarly journals Prosecutor’s office in the system of public authorities in the CIS countries

2020 ◽  
Vol 6 (3) ◽  
pp. 131-137
Author(s):  
Mikhail M. Kakitelashvili
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
Separation Of Powers ◽  
Legal Analysis ◽  
Public Authorities ◽  
Member States ◽  
Analysis And Synthesis ◽  
Independent States ◽  
Cis Countries ◽  
Dialectical Analysis

The article reveals the place of the prosecutors office in the system of separation of powers of these states based on the analysis of the constitutions and legislation of the member states of the Commonwealth of Independent States. The purpose of the article is to determine the best ways to improve the legal status of the prosecutors office to increase the effectiveness of the Russian prosecutors office. The objectives of the study are to identify the general and particular in the legal status of the prosecution bodies of the CIS member states, to identify the main trends in the development of the institute of prosecution in these countries. The object of the research was social relations defining the place of the prosecutors office in the system of state power, and the subject was directly the norms of law governing the activities of the prosecution authorities and the practice of their application. The research methodology is general scientific methods of cognition (dialectical, analysis and synthesis, modeling, etc.). The article contains a comparative legal analysis of constitutions and laws on the prosecutors office of the CIS member states. The author comes to the conclusion that international associations of prosecutors have a significant influence on the process of forming the legal status of prosecution authorities in the world. It is concluded that in the CIS member states there was no uniform model of prosecution bodies and, accordingly, there was no uniform approach to determining the place of the institute of prosecution in the system of separation of powers. On the basis of the study, a tendency has been revealed to increase the influence of the President on the institute of the prosecutors office in a number of CIS countries. The author, after analyzing the laws of the CIS countries and Russian law enforcement practice, comes to the conclusion that it is expedient to adopt legislative and organizational measures aimed at embedding the Russian prosecution authorities in the system of presidential authority.

scholarly journals SUBJECTS OF ADMINISTRATIVE AND LEGAL SUPPORT IDENTIFICATION OF CHILDREN SEPARATED WITH FAMILY IN UKRAINE

2020 ◽  
pp. 205-210
Author(s):  
А. М. Мамульчик
Keyword(s):  
Parental Care ◽  
Public Administration ◽  
Local Governments ◽  
Legal Status ◽  
Refugee Status ◽  
Public Authorities ◽  
Her Family ◽  
The Family ◽  
Additional Protection ◽  
The Status

The relevance of the article is that the granting of special status «child divorced from the family» in the Ukrainian legislation includes three aspects: 1) identification of a person who is a child separated from the family; 2) granting the status of «child deprived of parental care»; 3) it is possible to grant the status of “refugee” or “person in need of additional protection”, as any person recognized as a child divorced from a family is recognized as a child deprived of parental care and can apply for asylum in Ukraine (and receive refugee status or a person in need of additional protection). Each of the identified aspects of the above status is the responsibility of certain public authorities, ie public administration entities, which are endowed with the appropriate powers. The purpose of the article is to identify the subjects of administrative and legal support for the identification of children separated from their families, ie the subjects of public administration, which are empowered to identify such children in Ukraine. It was found that in fact, the identification of a child separated from the family at the present stage in Ukraine does not belong to the responsibilities of public administration, but is the responsibility of the child who was forced to leave the country of origin or residence and arrived in the territory of Ukraine unaccompanied by a family member or persons determined by law/custom who are responsible for such a person, or who were left unaccompanied after arriving on the territory of Ukraine, or its legal representatives. In our opinion, the absence in the legal acts that determine the legal status of public administration entities, whose activities include the identification of children separated from their families, their obligation to identify such children is a shortcoming of administrative and legal support for child status. , separated from her family, in Ukraine. It is determined that the subjects of public administration, which have the authority to identify children separated from their families, include the State Border Guard Service of Ukraine, executive authorities, local governments, the National Police of Ukraine, the Prosecutor’s Office of Ukraine.

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 Some Regulatory Dilemmas of Artificial Termination of Pregnancy in Slovenian and Comparative Law

2017 ◽  
Vol 10 (2) ◽  
pp. 165-182
Author(s):  
Viktorija Žnidaršič Skubic
Keyword(s):  
Pregnant Woman ◽  
Legal Status ◽  
Legal Theory ◽  
Comparative Law ◽  
Termination Of Pregnancy ◽  
Legal Person ◽  
The World ◽  
The Future ◽  
The Status ◽  
Basic Characteristics

The article deals with the issue of the artificial termination of pregnancy through the prism of, typically, conflicting relations between the subjects involved and their interests. It specifically addresses the most contentious and morally-ethically as well as legally complicated relationship between the pregnant woman (the future mother) and the embryo or pre-embryo. The article explains the positions of legal theory and jurisprudence in Slovenia and abroad regarding the status of an embryo as a legal person. The authoress moreover touches the question of legal status of the (potential future) father of such an embryo and presents regulations dealing with artificial termination of pregnancy in domestic and comparative law. Through a schematic summary of typical characteristics of such regulations around the world, which greatly differs in details, the author highlights their basic characteristics as well as individual trends in the field.

Constitutional-legal status of the special administrative region of Hong Kong as a territorial autonomy within the People's Republic of China: current trajectories of transformation

2021 ◽  
pp. 120
Author(s):  
Igor V. Irkhin
Keyword(s):  
Hong Kong ◽  
Legal Status ◽  
Financial Economic ◽  
Legal Regulation ◽  
Legal Regime ◽  
Public Authorities ◽  
Republic Of China ◽  
The People ◽  
The Status ◽  
Mass Protest

In this article examines the genesis of the formation and development of Hong Kong as part of the People's Republic of China, analyzes the current constitutional-legal status of the system of public authorities in this region and the problems of legal regulation of their relationship with the authorities of the central of the PRC. Author is concluding that the determining determinants of Hong Kong's qualifications as territorial autonomy are the authentic legal system, financial-economic and international-legal status. Also is emphasized that the model of the constitutional-legal regulation of the status of Hong Kong is characterized by a "creeping" bifurcation of formal and actual approaches to interpreting the area of competence of this region, which led to mass protest actions (2019 - 2020), partly inspired by the reactions of some foreign actors. In final of article author is formulated thesis on the convergence of the constitutional-legal regime of territorial autonomy with the principles of state unity and territorial integrity.

scholarly journals The Struggle for National Sovereignty and International Status of the Ukrainian Cossack State (Second Half of the XVII–XVIII centuries)

2021 ◽  
pp. 6-17
Author(s):  
Nadiia STENHACH
Keyword(s):  
Legal Status ◽  
Political Elite ◽  
Customary Law ◽  
State Sovereignty ◽  
Public Authorities ◽  
Head Of State ◽  
The Status ◽  
Legal Position ◽  
Points Of View ◽  
International Status

The question of the qualification of the status of Ukraine-Hetmanate remains relevant, because it was not regulated legally and was considered by contemporaries only in the political sphere, which led to different points of view on this issue in historical and legal science. To establish the legal status of Ukraine at the end of the XVII — beginning of the XVIII century possibly on the basis of Ukrainian-Russian and Russian-Polish agreements, actually existing Ukrainian-Russian relations and, in particular, studying the institution of the hetman — the head of state and the main bearer of state sovereignty. This is the purpose of this study. Scholars consider Ukrainian-Russian agreements or contract articles of the second half of the XVII century as a kind of constitutional acts, sources of state law of Ukraine, which on the basis of Cossack legal customs regulated relations between Ukraine and Russia, as well as legally enshrined the «rights and freedoms» of the Cossacks, military-administrative system, partially determined the activities of public authorities and administration. But, as it is well known, the Ukrainian-Russian agreements did not directly indicate the status of the Ukrainian state, but legally affirmed the basic state and legal institutions of Ukraine and, consequently, its sovereignty, which actually existed on the basis of Cossack customary law. These agreements were in the nature of a bilateral international legal act, where the Zaporozhian Army and the Moscow Kingdom acted as parties to the treaty process, which was accompanied by the coordination of positions inherent in international legal relations, taking into account the needs and interests of the parties, establishing their rights and responsibilities. But the parties were not equal contractors of the treaty, because the Zaporozhian Army provided a draft agreement, and the tsarist government amended it and ratified it in the form of «awards». The Russian authorities saw Ukraine as an integral part of their own state and tried to incorporate its territory. The hetman and most of the Cossack officers believed that the Zaporozhian Army retained state sovereignty and was under the protectorate of Russia. Only the events of 1708–1709 forced the Ukrainian political elite (except for I. Mazepa’s followers) to recognize the autonomous legal position of the Zaporozhian Army within Russia. The article highlights the main directions in the activities of the Hetman’s administration to establish the sovereignty of the Ukrainian government in domestic and foreign policy during the second half of the XVII–XVIII centuries.

Change of Constitutional Law Status of Constituent Entity of the Russian Federation

10.12737/1142 ◽  
2013 ◽  
pp. 18-26 ◽  
Author(s):  
Александр Чертков ◽  
Aleksandr Chertkov
Keyword(s):  
Russian Federation ◽  
Stages Of Change ◽  
Constitutional Law ◽  
Legal Status ◽  
Constituent Entity ◽  
The Status ◽  
Federal Constitutional ◽  
The Subject ◽  
The Russian Federation

In article the constitutional bases of change of the status of the subject of the Russian Federation are analyzed. Prospects of adoption of the federal constitutional law on the matter, its basic provisions are predicted. Stages of change of constitutional legal status of the subject of the Russian Federation, the main directions of realization of this process and its restriction are offered.

scholarly journals The Current Status of Administrative and Legal Regulation of the Activities of Specially Authorized Entities in the Field of Combating Corruption in Ukraine

2020 ◽  
Vol 90 (3) ◽  
pp. 177-186
Author(s):  
В. І. Стреляний
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Current Status ◽  
Public Agencies ◽  
Public Authorities ◽  
Police Agencies ◽  
The Status ◽  
The Law ◽  
National Police

The author has revealed the content of the term of “specially authorized entities in the field of combating corruption” contained in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption”. By analyzing the current administrative legislation of Ukraine, the range of public authorities that fall under this concept has been identified. Based on the classification of public authorities existing in administrative science, which are divided into agencies of general and special competence, the author has provided recommendations to improve the list of those public agencies that have the status of specially authorized entities in the field of combating corruption. According to the results of the study, the author has formulated an exhaustive list of specially authorized entities in the field of combating corruption in Ukraine, has provided propositions to improve the provisions of the Law of Ukraine “On Prevention of Corruption” and the Law of Ukraine “On Prosecutor’s Office” in regard to the administrative and legal status of the Specialized Anti-Corruption Prosecutor’s Office. The author has offered to amend Part 1 of the Art. 7 of the Law of Ukraine “On the Prosecutor’s Office”, supplementing it with the word “agencies” after the word “system” and before the word “prosecutor’s office”. Thus, this norm will look like this: “the system of agencies of prosecutor’s offices will consist of: 1) Attorney General’s Office; 2) prosecutor’s offices in oblasts; 3) regional prosecutor’s offices; 4) Specialized Anti-Corruption Prosecutor’s Office. It has been established that only the Specialized Anti-Corruption Prosecutor’s Office can be recognized as a specially authorized entity in the field of combating corruption among the existing prosecutor’s offices. In this regard, the application of the term of “agencies of prosecutor’s office” in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” is not grounded and leads to a false expansion of the range of anti-corruption entities. In practice, this may lead to an ambiguous interpretation of this legal norm. In this regard, the author has offered to specify the range of prosecutorial agencies that are specially authorized entities in the field of counteraction by replacing the phrase “agencies of prosecutor’s office” with the phrase “Specialized Anti-Corruption Prosecutor’s Office”. It has been determined that either the National Police of Ukraine or its separate agencies are not specially authorized entities in the field of combating corruption. In this regard, it has been offered to amend Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” by replacing the phrase “National Police” with the phrase “National Police Units”. Thus, those structural subdivisions of the National Police agencies that exercise competence in the field of combating corruption may be recognized as specially authorized entities in the field of anti-corruption.

scholarly journals CONSTITUTIONAL LEGAL STATUS OF PRESIDENTS OF THE REPUBLIC OF UZBEKISTAN AND THE USA (COMPARATIVE LAW ANALYSIS)

2016 ◽  
pp. 0-0
Author(s):  
Миравзал Миракулов ◽  
Miravzal Mirakulov
Keyword(s):  
Legal Status ◽  
Comparative Law ◽  
Veto Power ◽  
Distinctive Features ◽  
The Status ◽  
The Usa ◽  
The Republic ◽  
The Government ◽  
The Right ◽  
Commander In Chief

The article provides comparative law analysis of constitutional legal statuses of Presidents of the Republic of Uzbekistan and the USA. The analysis is conducted per respective provisions of the constitutions of the countries in question and per such criteria as form of government, form of rule, presidential elections and powers, qualifications, established for candidates for presidency. Thus, special attention is paid to various peculiarities of the legal status of the institute of presidency of the countries in question, in particular, regarding such issues as participation in the formation of the upper chamber of parliament, ministries and other State administrative bodies, interaction with the parliament and the judicial branch, powers in defense and security sectors, international relations, law making etc. Thus, the author identifies such distinctive features of the institute of presidency in Uzbekistan, as the existence of the post of Prime Minister and responsibility of the Government before the parliament and President; that the President possesses arbitration and integrative, coordinating and guaranteeing functions; the right to legislative initiative, dissolution of Parliament, convocation of the referendum, appointing and dismissing heads of local executive authorities; the status of President allows holding office of a Senate member during good behavior upon the expiry of the term. On the basis of an astute comparative analysis the author also reveals a number of similar characteristics in the institutes of presidency in the USA and Uzbekistan, such as age qualifications, the right to the address to parliament, participation of the Senate in appointing, approving and electing functionaries, presented by President, the veto power, as well as the status of the Commander-in-Chief.

scholarly journals Signs of a Legal Entity of Public Law under the Legislation of Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 386-394
Author(s):  
V. F. Poddubnaya ◽  
A. M. Yevkov ◽  
Yu. M. Filonova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Method ◽  
The Status ◽  
Separate Property ◽  
Cis Countries ◽  
Legal Entities

The article examines the legal status of legal entities of public law as participants in civil circulation. Both general and special research methods were used, which were determined by the purpose of the article, taking into account the object and subject of the research. To study the above-mentioned civil law relations in their interconnection and development, the dialectical method was used. The comparative legal method was used to analyze the world experience of legal regulation of the status of legal entities of public law in foreign legislation and the doctrine of law, in particular, in the legislation of the CIS countries. Results showed that legal entities of public law are organizations; as legal entities; have the characteristics of a legal entity: organizational unity, the presence of separate property, acting in circulation on their own behalf, independent civil liability. In addition to the general features of a legal entity, legal entities of public law also have special features that characterize them as participants in civil turnover. It was concluded that legal entities of public law are a type of legal entity, are created in the administrative order by the state and have targeted legal capacity.

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