scholarly journals EXECUTIVE AUTHORITY IN THE STATE-LEGAL DESIGN OF RUSSIA: HISTORICAL ASPECEXECUTIVE AUTHORITY IN THE STATE-LEGAL DESIGN OF RUSSIA: HISTORICAL ASPECT

Author(s):  
Elena V. Vinogradova ◽  
Inna L. Danilevskaya ◽  
Georgy S. Patyulin
2019 ◽  
Vol 11 (2) ◽  
pp. 168-182 ◽  
Author(s):  
Dmitry G. Desyaev ◽  
Irina G. Napalkova

Introduction. The formation of the territorial image of the region popularize and present the territory in a positive light. The conditions available in the Republic of Mordovia for creating a successful image, especially historical-cultural and natural zones, allow creating a recognizable and attractive image of the Republic not only for the residents of Russia, but also abroad. primarily in the countries of the Finno-Ugric world, with which -cultural factor for interaction and cooperation. Building the image to a large extent is based on the historical aspect of the image background, which is inseparable from the rich Finno-Ugric culture and geographical diversity of the territory, while historical and cultural objects contribute to creating the attractive image of the region. History plays a fundamental role in creating a recognizable image, without it, it is impossible to build a meaningful view of the republic. Materials and Methods. The main research approaches were the historical-evolutionary method, the hermeneutic and axiological paradigms, the systems approach, and the elements of the theory of dependence on previous development. Among the applied methods the authors used a focus-group study, a case study, and an expert survey. The materials of the survey «Republic of Mordovia: problems and prospects for the formation of the image of the region» were employed. Results and Discussion. Mordovia has a long history, when Mordovian territorial units joined vast family of peoples living in Russia. The attainment of statehood by Mordovia in the 20th century was a significant step in preserving the distinctive culture and eventful memory of the region. Rich tourist and recreational potential, geographical location, natural resources, natural and water objects protected by the state, myths and legends, important historical events, preserved cultural and historical objects, folk traditions and customs have not lost their originality and can be a significant basis for the formation and promotion of a positive image of the Republic of Mordovia and can help to level existing negative stereotypes about the region as “territories of prisons and camps”, “provinces with a low standard of living, culture and education”, etc. Conclusion. The existing image background of Mordovia can become the basis of a unique positive image of the region, turning it into a well-known and popular brand. Adequate building of a regional image by each of the subjects of Russia, in turn, will help create a positive view of the state itself in the international arena.


Author(s):  
I. Smolynets

One of the most important directions in this context is the problems of organizational and legal forms of development of entrepreneurial activity in agriculture. Effective development of entrepreneurial activity in agriculture is hindered by poor adaptation to market conditions and low investment attractiveness of agrarian production and economic formations, unsystematic and dispersed revenues for modernization of production activities, insufficient state support, imperfection of the organizational and economic mechanism for managing the development of various organizational and legal forms of entrepreneurial activity activities in the agrarian sector. In the historical aspect of the development of entrepreneurial activity there are the following forms: private farms, individual holdings, households, peasant farms, private and state agricultural enterprises, collective farms, in particular peasant unions, agricultural companies, inter-farm enterprises and associations, of various kinds and types societies that are divided in form of association and level of responsibility. The most important of these, which have become accustomed and function in agriculture, are agricultural enterprises, in particular private ones, and households. However, today the state of development of entrepreneurial activity in the agroindustrial complex remains rather complicated and requires complex comprehensive reforms, the main role of which should be owned by the state. That is why among the objects of state regulation a special place should occupy the agrarian sector of the economy and the forms of entrepreneurial activity, in particular the agrarian market and the formation of its infrastructure, which is conditioned by the state regulation. The main problems of the agrarian sector development include the low efficiency of agricultural production and the problem of deformation of price proportions, the solution of which is directly related to the perfection of the infrastructure and mechanisms for regulating the agricultural market. The process of establishing enterprises on the basis of co-operation and their integration with processing enterprises will reflect the interests of agricultural producers and promote their stable and efficient development. The most effective form of co-operation is production, sales and service cooperatives, created on the basis of cooperation of shares and natural forage lands, fixed assets, livestock of animals that unite agricultural producers, households, purchasers, enterprises of the processing industry, various catering enterprises, institutions and organizations. Co-operation, by its very nature, is an economic and voluntary phenomenon. Integration is the next stage of effective economic forms of cooperation among the participants in the agrarian market.


Author(s):  
Svitlana Surgova ◽  
Olena Faichuk

The historical aspect of the development of state social policy of social protection of children in Europe from the 17th to 21th centuries is considered in the article. The purpose of the article is to highlight the peculiarities of the historical development of the state policy of social protection of children in European countries of the 17th to 21th centuries and learning from the experience of social protection of children in the context of Ukraine's European integration. The regulatory framework of the system of social protection of children in Ukraine has been studied. The statistic on different categories of children in need of social protection by the state is analyzed. The structure of the system of social protection of children in Ukraine is considered. The research methodology is based on the principle of priority of universal human values. As part of the tools of the proposed work the theoretical one is the analysis and generalization of scientific sources, educational and methodological publications on the theme and synthesis, as well as comparison and generalization of data. Based on the analysis of materials on the peculiarities of social protection in the UK, Germany, France, Sweden and Norway, it was determined that the social protection of children in Europe is characterized by assistance to them in providing conditions for the realization of their rights and freedoms. Equally important is the setting up of various charitable institutions, schools, penal colonies that help children change, as well as the emergence of social services that protect the rights and interests of children. The authors suggest that in the course of the studying the history of the issue of state policy of children’s social protection, there is an opportunity for analogies, the implementation of already proven steps on the path of democratization of national social protection policy. The researchers see the prospects for further research in the study of global innovative forms of social protection and support for at-risk children.


2021 ◽  
Vol 1 (6 (344)) ◽  
pp. 103-110
Author(s):  
Inna Syomkina ◽  
◽  
Natalia Shabaeva ◽  

The scientific article reveals the formation of the Ukrainian system of social protection (historical aspect). The main stages of development of social policy in Ukraine, from the first origins to the key principles of modern social policy are described. The desire of the Ukrainian authorities to renounce the paternalistic role and alimony is emphasized. Priorities for activities in the social sphere have been identified: guaranteeing social rights, increasing the effectiveness of social programs, assistance to vulnerable groups (large and low-income families, servicemen, people with special needs, victims of violence, etc.). The general scheme of the social protection system in Ukraine is presented, which consists of two main parts: compulsory state social insurance, which is formed through the contributions of employers and working citizens to the relevant social insurance funds; system of social support (assistance, benefits, subsidies, social services), which is mainly formed by taxation and financed from the state budget. Further ways of scientific research are outlined (content and principles of realization of the state social programs on support of vulnerable segments of the population).


Author(s):  
Corinna Patricia ◽  
Yoserwan Yoserwan ◽  
A Irzal Rias

The objectives of the current study are: 1) to identify and analyze the authority of prosecutor as the executor of judge’s decision on the spoils resulting from criminal act of excise, 2) to find out and analyze the arrangements regarding the coordination of the prosecutor as the executor with the Director of Enforcement and Investigation/ Head of the Regional Office of the Directorate General of Customs and Excise related to the execution of the judge’s decision stating that the evidence is confiscated for the state in criminal act in the excise field. This study applies a qualitative approach and uses secondary and primary data as support. The results of the study show that: (1) the executive authority of the prosecutor to carry out court decisions that have permanent legal force in criminal cases is regulated in Articles 270 to 276 of the Criminal Procedure Code. The provisions of Article 270 of the Criminal Procedure Code are in line with the provisions described in Article 54 paragraph (1) of Law No. 48 of 2009 concerning Judicial Powers that the implementation of court decisions in criminal cases is carried out by prosecutor. Then, the implementation of court decisions in cases of criminal acts in the excise field still refers to the Criminal Procedure Code because the Excise Law does not specifically determine the party authorized to carry out the execution of state booty in excise crimes, (2) the execution of judge’s decision stating evidence confiscated for the state in a criminal act in the excise field does not include regulations regarding the coordination of the prosecutor as executor with the Director of Enforcement/Head of Regional Office of the Directorate of Customs and Excise Enforcement and Investigation.


Author(s):  
Derets Viktoria

Introduction. By this time the ministry has not yet become central bodies of executive power (CEB), whose leading function is the formation of State policy. The type chosen for another CEB does not always correspond to the features performed by this organ. It is difficult to separate the "functions in the implementation of State policy" from "some functions for implementing State Policy". The law does not define "public policy". This negatively affects the functioning of the CEB system. The aim of the article. The purpose of the article is analysis of existing problems in organization and activity of the system of the CEB and scientific substantiation of ways of their solution. Results. The term "ministry" means a kind of CEB has two main features: 1) The ministry responsible for the development of State policy; 2) The ministry is headed by a member of the government-a politician and not a government official. The main purpose of the executive power-solving body of social problems; Task – A set of measures that are derived from the main goal and subject to resolution to achieve it, specify the main purpose of the activity of the Authority; The function is activity related to obtaining a clearly defined final result which directly reflects the goal achievement and tasks of the executive authority. As for the optimal number of ministries in Ukraine, we believe that the decisive should be that all directions of the State policy are in the sphere of influence of the government, their unjustified chopping or consolidation between the ministries, as well as the chosen The number of ministries allowed to implement program of CMU. Along with the agencies, services and inspections should allocate another category of "other" CEBs, which neither in the form nor on the functional orientation do not belong to services, agencies, inspections. State policy-enshrined in the Constitution and laws of Ukraine, other acts of legislation the rules of operation and strategic objectives of the State and their due directions of activity of the State, approved by the decisions of the competent bodies of State power. Conclusions. The basis for the reform of the existing system of COIS proposed to put a division of functions in the formation of State policy and functions for the implementation of State policy. The CMU should provide for the formation and implementation of State policy. Ministry – to form State policy and ensure its implementation. Other CEBs – implement State policy. The legislation should define the meaning of the term "public policy". The tasks and functions of ministries shall be clearly defined. The type of each other CEB (service, Agency, inspection) shall comply with the legally fixed features for it.


2020 ◽  
Vol 1 (2) ◽  
pp. 89-98
Author(s):  
Erfandi Erfandi

The constitutionality of Islamic boarding schools in Indonesia is experiencing a very long dynamic. Starting from the historical aspect of the establishment of the Islamic boarding school, the function of the pesantren to allowing the pesantren to collaborate with the world abroad. The state seems to be absent from the existence of Islamic boarding schools, although pesantren is the first education that has distinctive characteristics compared to education outside Indonesia. However, to be different, the existence of Islamic boarding schools and the recognition of syahadah as pesantren certificates were increasingly recognized after the passage of Law 18 of 2019 on Islamic boarding schools was passed by the Parliament together with the government.


2021 ◽  
Vol 8 ◽  
pp. 76-79
Author(s):  
Aleksandr S. Petrantsov ◽  

The article is devoted to the historical aspect of overcoming discrimination in the recruitment of women to the service of law enforcement agencies of foreign countries. The author studied the legal experience of the leading world powers in this area, and also proposed the historical periodization of the service of women in the police of the leading world powers.


2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Musa Njabulo Shongwe

Having been confronted with the COVID-19 pandemic, the Kingdom of Eswatini has had to adopt both soft and hard response measures. The constitutional emergency response framework had not envisaged the type of emergency brought about by COVID-19, forcing the state to enact extraordinary regulatory measures. Unprecedented emergency powers have been conferred on state functionaries. Questions have arisen as to the nature of these emergency powers, the manner in which these powers have been exercised and the absence of special oversight mechanisms. The response measures and regulations have had an unparalleled impact on lives and livelihoods of Emaswati. This article explores the nature of emergency powers in the laws of Eswatini, and the particular effects of the COVID-19 regulations on human rights. This article commences with an analysis of constitutional emergency powers in Eswatini and the limitations thereof, and considers the question of why the state did not invoke a constitutional state of emergency. The article proceeds to examine the nature of statutory emergency powers under the Disaster Management Act, and considers whether there are effective legal limitations on the exercise of executive authority and effective safeguards against the abuse of power. The article then deals with the particular impact of the COVID-19 response legal framework on human rights protection. In this regard, the article advances examples of situations where rights have been infringed. Finally, the article proposes that the state's response measures should continuously endeavour to mitigate the long-term impact on human rights.


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