scholarly journals Electoral branch of power in modern Ukraine

2020 ◽  
pp. 122-126
Author(s):  
Vlada Taroyeva
Keyword(s):  
Separation Of Powers ◽  
State Power ◽  
Legal Regulation ◽  
Modern World ◽  
Main Task ◽  
Public Authorities ◽  
The Public ◽  
Legal Science ◽  
Electoral Campaign ◽  
The Right

The article introduces that the electoral branch is gradually being formed into an independent branch of state power in Ukraine, in which special state authorities operate. The electoral branch is already a component of the separation of powers in a modern state, and this is an important guarantee of the rule of law and of the condition for the democratic functioning of state power. The electoral branch is becoming an integral component of the separation of powers mechanism. The development of Ukrainian statehood actualizes the need for appropriate scientific support for the institutionalization of power and legal regulation of its realization. The electoral branch as a branch of state power represents the powers to conduct preparing and holding elections and referenda, as well as to ensure, exercise and protect the voting rights and the right of citizens of a certain state to participate in a referendum, as well as the system of electoral bodies of different levels exercising these powers. In Ukraine, electoral commissions led by the Central Electoral Commission (CEC) are special electoral authorities. Here we are faced with the problem of determining the nature of electoral commissions, and therefore the institutionalization of the electoral branch in Ukraine. The CEC of Ukraine is a permanent state collegial body vested with the power to organize preparing and holding elections to the public authorities. The main task of the CEC of Ukraine is to ensure the realization and protection of constitutional sovereign rights of citizens to elect authorities, to participate in referenda, as well as to express their will. In order to fulfill its responsibilities, the CEC is endowed with rights and powers allowing the involvement of public authorities of all levels in the electoral campaign process. The CEC is an independent and autonomous body, financed exclusively by the budget. In the modern world, electoral branch has been institutionalized through the electoral authorities in many states, and in some of them it has been constitutionalized, that is, it has been enshrined in the legislation and in the constitution. Similar processes are taking place in modern Ukraine. The creation of the theoretical foundations of the electoral branch from the viewpoint of general theoretical legal science and constitutional legal science will enable to raise the question of enshrining the electoral branch as a branch of state power in the Constitution of Ukraine.

scholarly journals The right to information about the activities of public authorities: certain theoretical and legal aspects

2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK
Keyword(s):  
Active Form ◽  
Relevant Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Access To Information ◽  
Public Authorities ◽  
The Public ◽  
Democratic State ◽  
Right To Information ◽  
The Right

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.

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 Improving of legal regulation of trade secrets in the Republic of Uzbekistan

2020 ◽  
Vol 1 (2) ◽  
pp. 260-269
Author(s):  
Nargiza Raimova
Keyword(s):  
Social Economic ◽  
Legal Regulation ◽  
Modern World ◽  
Trade Secrets ◽  
Economic Activities ◽  
Confidential Information ◽  
The Public ◽  
Wide Range ◽  
The Republic ◽  
The Right

Information, exactly confidential information, is the most important component of the development of society in formative modern world.  The current civil society is gradually turning from an informed to the information, so we can fearlessly say that the 21th century is considered to be the age of information. Information is a very important and necessary element of any activity of man, society and the state in the public, social-economic and political spheres. It is noted in the article that the problems related to the fact that the legislation provides a wide range of powers by government organs in the different tests that may affect the interests of sensitive enterprise because unset concrete facets of government intervention in economic activities of enterprises considered painful for entrepreneurs in many countries. It is concluded that the commercial valuable information is the right of every establishment for keeping secretness of it's industrial, commercial and financial operations, as well as proper documentation. It presents great interest in securing a wide range of problems related to those which information belong to a commercial secrets, as far as possible lifts the curtain for partners, competitors, government organs not to cause adverse effects on its business. Based on the study of foreign experience and scientific and theoretical views, ways to improve legislation in the field of regulation of confidential information were investigated. Based on the results of the analysis, relevant conclusions were drawn and proposals were developed for the current legislation

scholarly journals European experience of legal regulation of anti-corruption issues in the public sector

2020 ◽  
Vol 5 (5) ◽  
pp. 236-244
Author(s):  
Nataliia Slotvinska
Keyword(s):  
Public Sector ◽  
Social Life ◽  
Codes Of Conduct ◽  
Legal Regulation ◽  
Public Confidence ◽  
Public Authorities ◽  
The Public ◽  
Official Position ◽  
Course Of Action ◽  
The Right

Elimination, neutralization or restriction of the social preconditions of corruption requires systemic changes in the main spheres of social life, first of all in the functioning of public authorities. Because corruption is a phenomenon associated with the abuse of certain opportunities provided by certain posts or official position of persons authorized to perform state functions, it is traditionally believed that anti-corruption measures should be aimed primarily at such persons. Public confidence and public accountability play an important role in preventing corruption. Preventing and combating corruption cannot be effective without preventive measures in the public sector, an area where those authorized to represent the state perform their professional duties. UN anti-corruption standards in the public sphere provide for the implementation of a set of measures aimed at preventing the commission of corruption offenses. These are, first of all, the require-ments for public officials to carry out their activities on an ethical basis, which can be established in special codes of conduct that help persons performing public functions to choose the right course of action in a situation where there is a high risk of corruption.

LEGAL REGULATION OF PUBLIC CONTROL OVER RIGHTSENFORCEM ENTAS WELL AS LEGITIMATE INTERESTS OF PERSONS IN PENAL INSTITUTIONS

2020 ◽  
pp. 43-52
Author(s):  
Евгений Николаевич Зиньков
Keyword(s):  
Civil Rights ◽  
Mass Media ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Authorities ◽  
Public Control ◽  
The Public ◽  
Control Functions ◽  
The Russian Federation ◽  
The Right

В настоящей статье рассматривается процедура правовой регламентации общественного контроля, который предоставляет возможность открыто и доступно осуществлять наблюдение за деятельностью органов государственной власти. В ст. 1 Конституции Российской Федерации отмечается, что Россия - правовое государство, следовательно, обеспечение и защита прав и свобод человека и гражданина является высшей ценностью. Сам общественный контроль, как правило, является отдельной частью и не входит в систему контрольной власти государства, он реализуется, прежде всего, путем самоорганизации граждан. На сегодняшний день в России существует множество нормативных документов, регламентирующих деятельность общественных объединений. В Российской Федерации лица, находящиеся в местах изоляции от общества (подозреваемые, обвиняемые и осужденные), обладают всем комплексом прав, что и другие граждане нашего государства, за исключением тех ограничений, которые были установлены приговором суда и федеральными законами. Ст. 32 Конституции РФ наделяет граждан правом участия в управлении некоторых государственных дел, что и позволяет общественности осуществлять контрольные функции. Однако далеко не все общественные объединения обладают полномочиями по детальному изучению той или иной сферы государственной деятельности, к примеру, средства массовой информации (далее - СМИ) имеют возможность лишь поверхностно осветить деятельность конкретного объекта внимания. Однако это тоже является неким способом общественного контроля, так как позволяет общественности получить определенную информацию об изучаемом феномене. This article discusses the procedure for legal regulation of public control, which provides an opportunity to openly and easily monitor the activities of public authorities. Article 1 of the Constitution of the Russian Federation States that Russia is a legal state, therefore, ensuring and protecting human and civil rights and freedoms is the highest value. Public control itself, as a rule, is a separate part and is not included in the system of control power of the state, it is implemented primarily by self-organization of citizens. Today, in Russia there are many regulatory documents regulating the activities of public associations. In the Russian Federation, persons who are in places of isolation from society (suspects, accused and convicted) have all the rights that other citizens of our state have, with the exception of those restrictions that were established by a court verdict and Federal laws. Article 32 of the Constitution of the Russian Federation grants citizens the right to participate in the management of certain state Affairs, which allows the public to exercise control functions. However, not all public associations have the authority to study a particular sphere of state activity in detail.for example, mass media (hereinafter referred to as mass media) can only cover the activities of a specific object of attention. At the same time, this is also a way of public control, since it allows the public to get certain information about the phenomenon being studied.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

IDENTIFY PROBLEM ISSUES OF SELF-ORDERED DEVELOPMENT MECHANISMS IN THE PUBLIC ADMINISTRATION SYSTEM

2018 ◽  
Vol 1 (12) ◽  
pp. 250-259
Author(s):  
Igor Yurievich Rodchenko
Keyword(s):  
Public Administration ◽  
Separation Of Powers ◽  
Self Regulation ◽  
State Power ◽  
Administrative Reform ◽  
Administration System ◽  
The Public ◽  
Object Interaction ◽  
Interaction System ◽  
Power Hierarchy

The problematic issues of the development of self-ordering mechanisms in the public administration system are determined, with observance of their division into institutional, functional and evolutionary parts. The institutional part includes self-regulation mechanisms implemented in the models of subject-subject interaction at the levels of higher, central and local government bodies, as well as in models of object-object interaction between them. The most important in the institutional part of self-governing mechanisms are those that ensure: the separation of powers between branches of government; administrative reform of the government structure; separation of public spheres of government between central government bodies; administrative reform of the structure of central executive bodies; delimitation of territorial spheres of government between local authorities; administrative-territorial reform; formation and implementation of the structure of the power hierarchy; administrative reform of the structure of the power hierarchy. The functional part includes the mechanisms of self-regulation, realized in the model of object-object interaction “system of state power — social sphere, industry and relations”. The most important parts of the mechanisms of self-regulation are those that ensure: the formation and implementation of state policies in various spheres of society; formation and implementation of national projects; formation and implementation of state target programs; state budgeting. The evolutionary part includes the mechanisms of self-regulation, realized in the model of object-object interaction “system of state power — the creation of conditions for social development”. The most important parts of the evolutionary part of self-governing mechanisms are those that provide: strategic management and planning; realization of state programs of social and economic development; conducting constant economic and social reforms and transformations.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

Crisis of the Rule of Law in Europe: The Cases of Hungary, Poland and Spain

2021 ◽  
Vol 7 (3) ◽  
pp. 379-398
Author(s):  
David Parra Gómez
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Social Rights ◽  
Institutional Reforms ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Public ◽  
Division Of Powers ◽  
European Democracy ◽  
Aggressive Interference

Democracy is an instrument at the service of a noble purpose: to ensure the freedom and equality of all citizens by guaranteeing the civil, political and social rights contained in constitutional texts. Among the great principles on which this instrument rests is the division of powers, which consists, substantially, in the fact that power is not concentrated, but that the various functions of the State are exercised by different bodies, which, moreover, control each other. Well, the increasingly aggressive interference of the Executive and, to a lesser extent, the Legislative in material spheres that should be reserved exclusively for the Judiciary, violates this principle and, for this reason, distorts the idea of democracy, an alarming trend that, for some time now, are observed in European Union countries such as Hungary, Poland and Spain. Preventing the alarming degradation of European democracy, of which these three countries are an example, requires not only more than necessary institutional reforms to ensure respect for these principles and prevent the arbitrariness of the public authorities, but also a media network and an education system that explains and promotes these values and principles, that is, one that makes citizens aware of and defend constitutionalism. Keywords: Rule of law; Democracy; Separation of powers; judicial independence; Europe.

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.

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