scholarly journals ПОЛІТИКО-ПРАВОВІ АСПЕКТИ ЗАКОНОДАВЧОГО ЗАБЕЗПЕЧЕННЯ ВИБОРЧОГО ПРОЦЕСУ В СУЧАСНІЙ УКРАЇНІ

2019 ◽  
pp. 134-144
Author(s):  
Г. М. Нечаєва
Keyword(s):  
State Power ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
The Status ◽  
The Will ◽  
Points Of View ◽  
Democratic Principles ◽  
The Stability

This article examines the stages of the electoral process based on the legislation of Ukraine on elections since the proclamation of independent Ukraine until now. Considerable attention is paid to the disclosure of the concept of "electoral process", since democracy and the legitimacy of the entire system of public authorities depend to the electoral democracy. On the basis of various points of view of scientists, scholars of lawyers it can be concluded that the electoral process as a legal category is an independent legal institution of constitutional law, which should be understood as a set of constitutional and procedural norms governing the formation of representative bodies of the state and other elected bodies of state power and bodies of local self-government, election of state officials. The issue of the legislative support of the electoral process in Ukraine, the problem of the formation of a system of electoral legislation in Ukraine on the basis of which the electoral process takes place - elections of the President of Ukraine, people's deputies of Ukraine, deputies of local councils and village, town and city mayors. Adequate reflection of the will of the citizens on the formation of a system of government, the creation of conditions for free and deliberate expression of will require not only the legislative consolidation of the principles of free and fair elections, but also detailed legal regulation of procedures for conducting an election campaign, determination of the status of the subjects of the electoral process, their rights and obligations defining the results of elections, etc. The necessity of formation and establishment of a stable electoral culture of voters and the stability of electoral legislation for ensuring the proper realization of the electoral rights of Ukrainian citizens is indicated. However, the main problem is not so much in adopting laws that would comply with generally accepted democratic principles, but in ensuring compliance with these principles in practice, which does not always lie in the field of legislative regulation. In order to ensure legality in the process of organizing and holding elections, the functioning and interaction of all branches of state power, local self-government bodies and public associations must be agreed upon.

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.

Issues in Local Self-Government Reform in Russia

2020 ◽  
Vol 11 (1) ◽  
pp. 136
Author(s):  
Saria NANBA ◽  
Emil ALIMOV
Keyword(s):  
Social Relations ◽  
Mixed Model ◽  
Legal Regulation ◽  
Government Reform ◽  
Local Democracy ◽  
Budget Policy ◽  
The Russian Federation ◽  
Points Of View ◽  
Democratic Principles ◽  
Government Reforms

The research is devoted to the constitutional legal regulation of local self-government in Russia. A study of democratic principles and established social relations allows authors to understand the state of local democracy in Russia and to assess the current situation from various points of view. An analysis of the local self-government reforms in Russia and budget policy will allow a better understanding of the further public and social development in Russia. The article analyzes the directions of legislative developments concerning local self-government in the Russian Federation, which sometimes have a multidirectional nature. Also, there are several issues raised in this article: doctrinal approaches and law-enforcement practice the constitutional foundations of local self-government, the competence of local authorities, the direct citizens’ participation in the conduct of local self-government and the local self-government financing. The authors conclude that current legal regulation of the local self-government can be referred to the mixed model. In the course of the study, the several deviations from the constitutionally established model of local self-government have been revealed.

scholarly journals DISORIENTASI PENDIDIKAN MADRASAH DI INDONESIA

2017 ◽  
Vol 3 (1) ◽  
pp. 61
Author(s):  
Hasan Basri
Keyword(s):  
School Culture ◽  
Secular Education ◽  
The Family ◽  
The Status ◽  
The Will ◽  
And Function ◽  
Changing Schools ◽  
Further Development

Madrasah in the Middle East has known eight or nine centuries before madrasah in Indonesia, which emerged as a reaction to the reform movement as well as a response to the policy of Dutch colonizers secular education. Madrasah got a decent place in Indonesia after rising SKB 3 minister (Minister of Interior, Minister of Education and Culture, and the Minister of Religious Affairs) in 1975, where madrasas equated with other schools in terms of the status of the diploma, graduates continuing education opportunities and changing schools. In a further development, the school as disoriented. It is caused by two things: first, a paradigm shift towards sekularistik. Education implementation has marred even be interpreted as a partial instead of a holistic paradigm as desired by Islam. Supposedly, the madrasa education as a whole should make Islam as a principle in the determination of educational objectives, the formulation of the curriculum and standard of value of science and the learning process, including determining the qualifications of teachers and school culture that will be developed in the madrasas. Second, the functional institutional weakness as a result of shifting the orientation and function of the family and their influence and societal demands materialistic-hedonistic.The weakness seen in a mess madrasa curriculum, not optimal role of teachers as well as school culture that is not in line with the will of Islam.

Human Capital of the Enterprise in the Context of System Economy

2020 ◽  
pp. 24-38
Author(s):  
Dmitry A. Zhdanov
Keyword(s):  
Human Capital ◽  
Sustainable Growth ◽  
Key Factors ◽  
The Status ◽  
Environmental Process ◽  
Ongoing Development ◽  
The Stability ◽  
The Impact ◽  
A Company

One of the key factors that determine the success of the company and ensure its ongoing development, adaptation to the requirements of the digital economy, is the human capital (HC) of the enterprise. In this regard, the purpose of the study is designated as identifying ways to support the integral and sustainable growth of a company based on the development of its human capital. Since an enterprise is an open socio-economic system, the methodological basis of the work is the systems economic theory, which made it possible to present the company's activities as the interaction of object, environmental, process and project systems. Based on this concept and taking into account the objectives traditionally pursued by the company, four basic functional complexes have been identified that ensure the stability and reproductive capabilities of the enterprise, the challenges that need to be overcome within such capabilities were identified, the requirements for the knowledge, skills and abilities of personnel were established. Comparison of the human resources of the enterprise and the features of the corporate tasks solved with their help made it possible to group the elements of the company's HC in a new way – depending on the impact on the noted basic subsystems that determine the integrity of the company. This systematization demonstrated the interconnection of individual elements of the enterprise's HC and the performance of the corresponding complexes. Thus, the probable personnel reasons for the lag in certain areas of the company's activity and the possibilities of their reorganization by targeted impact on the required elements of the HC were identified. Since the implementation of the proposed approach requires the determination of the status of the corporate HC, and the reliability of such a procedure traditionally raises criticism due to the objective difficulties of measurement, the article proposes a methodology to streamline the process of assessing the state of the parameters under study. The methodology is based on the ranking of HC indicators depending on the accuracy of displaying the parameters of the object. The proposed approach made it possible to determine the tools for monitoring the selected categories of human capital, ways to step them up and remedy the situation.

The Russian Siloviki & Political Change

Daedalus ◽  
2017 ◽  
Vol 146 (2) ◽  
pp. 53-63 ◽  
Author(s):  
Brian D. Taylor
Keyword(s):  
Political Change ◽  
Status Quo ◽  
Revolutionary Change ◽  
Security Forces ◽  
The World ◽  
The Status ◽  
The Face ◽  
The Will ◽  
Russian Military ◽  
The Stability

The siloviki – Russian security and military personnel – are a key part of Team Putin. They are not, however, a coherent group, and there are important organizational and factional cleavages among the siloviki. Compared with some security and military forces around the world, Russian military and security forces generally lack the attributes that would make them a proactive and cohesive actor in bringing about fundamental political change in Russia. In the face of potential revolutionary change, most Russian military and security bodies do not have the cohesion or the will to defend the regime with significant violence. Russian siloviki are a conservativeforce supportive of the status quo. Future efforts by the siloviki to maintain the stability of the existing political order are most likely to be reactive, divided, and behind the scenes.

scholarly journals International legal regulation of road transportation (features of the legal consciousness of legislators)

2018 ◽  
Vol 239 ◽  
pp. 03008
Author(s):  
R.B. Bryukhov ◽  
K.E. Kovalenko
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Natural Monopoly ◽  
Legal Consciousness ◽  
Private Law ◽  
International Agreement ◽  
Road Transportation ◽  
The Status

The contract of international carriage is a special type of foreign economic transactions. The specificity of this agreement is due to the peculiarities of transport as a natural monopoly of the state. The contract of international carriage includes public law (determination of the status of the transport environment) and private law (direct organization of the carriage itself) aspects. International carriage is the carriage of goods and passengers between two or more states in accordance with the terms of an international agreement concluded between them.

scholarly journals Consent to the Use of Artificial Reproduction and its Legal Significance for Establishing the Origin of the Child

Lex Russica ◽  
2020 ◽  
pp. 21-31
Author(s):  
D. A. Belova
Keyword(s):  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Aspect ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Best Interests ◽  
Artificial Reproduction ◽  
Legal Information ◽  
The Status ◽  
The Will

The paper is devoted to the study of problems related to the establishment of the origin of children born as a result of artificial fertilization in the comparative legal aspect. It is noted that the principles laid down as the basis of the rules governing the order of the child’s origin vary significantly depending on whether it is a matter of natural or artificial reproduction. In the case of assisted reproductive technologies (ART), the value of blood (genetic, biological) kinship is leveled, and its substituted by the will of the person to acquire parental rights and obligations with regard to the child. A person’s will to become a child’s parent is expressed before the child is born in a written permission to use the ART. It is noted that the absence of normative rules regulating the order of expression of consent and conditions of its validity is an obvious gap in the legal regulation of the ART application. It is proposed to treat consent as informed consent if the person applying for the use of ART is provided not only medical but also legal information concerning the legal status of the person participating in the ART program and the legal implications of such participation. The author investigates requirements applied to mutual consent and voluntary consent, its substantive and revocable nature, as well as inadmissibility of representation when expressing the will to use the ART. The author argues that the will to acquire the status of a parent should be expressed in a separate document describing the content of the will and verified by the notary. In order to ensure the best interests of the child in parental care, it is proposed to impose statutory restrictions on the free will to apply the ART.

scholarly journals Legal Status of Collective Subjects of Scientific Work

2021 ◽  
pp. 5-10
Author(s):  
Anton Vasiliev ◽  
Dariusz Schopper ◽  
Yulia Pechatnova
Keyword(s):  
Legal Status ◽  
Scientific Work ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Legal Research ◽  
Legal Method ◽  
Scientific Organizations ◽  
Points Of View ◽  
Scientific Results

The article discusses the study of the legal status of collective subjects of scientific activity. The relevance of the research is predetermined by the importance of the qualitative organization of the work of collective subjects of scientific activity in order to achieve the most effective scientific results. The research methodology includes general methods of scientific research – systemic, logical, historical, as well as special methods, including comparative legal and formal legal. The formal legal method makes it possible to analyze the legal terminology on the research topic above. The method of comparative legal research allows us to compare different points of view and highlight the main problems of legal regulation of collective subjects of scientific law. The research includes three main stages: (1) – terminological analysis of the terminology used by the legislator; (2) – critical analysis of the legal definitions proposed by the legislator and the identification of the problems of legal regulation arising in this connection; (3) – comparison of controversial opinions and determination of ways to improve scientific legislation. The main problems identified are the uncertainty in the delimitation of the statuses of related collective subjects of scientific work, as well as the mixing of scientific and educational functions of these organizations. As a result of the study, the authors have come to the conclusion that it is necessary to improve legislation aimed at regulating the legal status of scientific organizations and other collective subjects of scientific law.

scholarly journals The nature of fee charged for provision of public services

2018 ◽  
Vol 2 (4) ◽  
pp. 68-85
Author(s):  
M. Khoroshaylova
Keyword(s):  
State Power ◽  
Legal Regulation ◽  
Future Research ◽  
Constitutional Court ◽  
Public Authorities ◽  
Scientific Methods ◽  
The Public ◽  
Legal Method ◽  
General Scientific ◽  
The Government

The subject. This paper is devoted to the study of the legal nature of fees charged by the public authorities for the provision of public services.The main aim of the paper is to substantiate the answer on the question is this fee a price or a fiscal charge?The methodology of the study includes general scientific methods (analysis, synthesis, description) as well as particular academic methods (formal-legal method, interpretation of legal acts). The decisions of Russian Constitutional Court are also analyzed.The main results and scope of their application. The article focuses on analysis of the features and functions of the government, ratio of functions of the government and functions of the public authorities, their powers. State power is exercised by bodies of state power or specially authorized entities on behalf of the state and in the public interest. It excludes the exchange nature of the relations when these bodies and entities implement state power. The nature of the establishment and collection of the fee excludes the equivalence between the size of fee and the size of collection costs of the authorized entity. Therefore, there is no equivalence in the relations on payment of the fee, and therefore the fee has no compensatory character. In turn, the nature of the actions performed by the authorized entity on behalf of and in the interests of the public legal entity, excludes their absolute determi-nation by actions of the payer of the fee. The results of research may become a crucial point for future research of legal regulation of fees.Conclusions. If a public authority carries out activities related to implementation of governmental and authoritative powers, the fee is based on public law. If an activity can not be associated with implementation of governmental and authoritative powers, the fee can be subject to civil law regulation.

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.

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