scholarly journals Legality of decisions of a public authority in Ukraine: to the question of the formation of judicial practice

2020 ◽  
pp. 37-48
Author(s):  
Galina Zadorozhnya ◽  
Yuriy Zadorozhny
Keyword(s):  
Key Words ◽  
Legal Status ◽  
Civil Service ◽  
State Power ◽  
September 11 ◽  
Public Authority ◽  
Judicial Practice ◽  
The Right ◽  
Legal Grounds

Practice of realization of state-imperious plenary powers of country's leader, certain a point 24 parts of the first article of a 106 Constitution of Ukraine, is analysed in the article, in relation to the appropriation of Ukraine of diplomatic grade of Emergency and Plenipotentiary Ambassador President, and also legal grounds and methods of privation of face of such diplomatic grade are certain. It is established that the presence of state power in a public authority means the possibility of adoption by him on the basis, within the powers and in the manner prescribed by the Constitution and laws of Ukraine, mandatory for the implementation of regulations. Such acts must be lawful, ie based on the right, on laws, otherwise - they must be recognized as illegal, unconstitutional. The authors substantiated the legal positions in the context of the following questions: a) whether it is legal to assign a diplomatic rank to a person who does not hold a position in the diplomatic service; b) whether the President of Ukraine has the right to assign the diplomatic rank of Ambassador Extraordinary and Plenipotentiary to the People's Deputies of Ukraine; c) whether the newly elected President of Ukraine has the right by his decree to cancel the decrees of his predecessor and, as a consequence, to deprive of the diplomatic rank of Ambassador Extraordinary and Plenipotentiary of the People's Deputies of Ukraine. In the article have substantiates the illegality of the Decree of the President of Ukraine «On Assignment of Diplomatic Ranks» of May 18, 2019 № 275/2019, instead have proved the legitimacy of the Decree of the President of Ukraine «On repeal of some decrees of the President of Ukraine» of September 11, 2019 №680 / 2019. In the article have concluded that decrees of the President of Ukraine must be lawful, objective, reasonable and motivated, which requires a certain format of their content from the rulemaker. The authors made proposals to improve the content of the decrees of the President of Ukraine. Key words: legal status, civil service, diplomatic service, diplomatic rank, diplomatic rank of Ambassador Extraordinary and Plenipotentiary.

scholarly journals National Anti-Corruption Plan for 2021-2024: anti-corruption elements of the legal status of civil officers

2021 ◽  
pp. 166-175
Author(s):  
Ivan Vladimirovich Grigorev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Service ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Professional Activities ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right

The subject of this research is the normative sources that establish the rights, responsibilities and prohibitions in civil service, as well as the mechanisms for their implementation. The author dwells on the practical issues arising in the context of implementation of anti-corruption legislation associated with the right of the officers to exercise other paid activity, acquire and own securities, responsibility to notify about the possible colliding interests, limitation on the deed of gift due to their professional activities, providing data on income, expenses, property, and real obligations. Special attention is given to certain legal provisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and courts of general jurisdiction related to the peculiarities of the legal status of civil officers. The scientific novelty consists in comprehensive examination of the legal issues in regulation of anti-corruption elements of the legal status of civil officers. The main conclusions lies in determination of the gaps and conflicts of legal regulation of such relations. Critical assessment is given to the case law on the appeal of the prosecutors to transfer the property with no evidence that it has been acquired with legitimate income to the income of the Russian Federation. The author formulates recommendations for the improvement of the existing federal legislation on countering corruption in civil service.

scholarly journals Critique of two decicions of Constitutional Court of the Republic of Srpska / Kritika dvije odluke Ustavnog suda Republike Srpske

2015 ◽  
Vol 5 (5) ◽  
pp. 114
Author(s):  
Milan Blagojević
Keyword(s):  
Social Insurance ◽  
Public Authority ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Subject ◽  
Internal Morality ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
In The Beginning

The subject of this paper are two decisions of Constitutional Court of the Republic of Srpska which set in motion not only the question of constitutionality of one statute from the area of social insurance, but the questions of internal morality of the state and law as well. Beginning part of the paper is preceding to introduction into that problem, and in the beginning part the author, by the example from the judicial practice, point out an unconstitutional practice due to which in the area of social insurance is infringed the right on property by inactivity of competent organs of public authority. The infringement of the same right is caused by statute provisions analised in the paper. It is word on provisions of the Law on social insurance in the Republic of Srpska, by which is prescribed that the pensions will be determined again for some of beneficiaries, what in practice means that their pensions will be decreased, and that for some of other beneficiaries it will not be done. This unconstitutional behaviour of legislator, due to which the right on property and equality before the law are infringed, are tried to be resolved by the Constitutional Court of the Republic of Srpska in its two decisions by opinion according to which it is a matter of policy of legislator and suitability to prescribe whether the pensions will be determined again for all or for some beneficiaries. This opinion is exposed to the criticism in the paper.

The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

Explaining the Epigraphic Habit in the Roman Empire: The Evidence of Epitaphs

1990 ◽  
Vol 80 ◽  
pp. 74-96 ◽  
Author(s):  
Elizabeth A. Meyer
Keyword(s):  
Roman Empire ◽  
North Africa ◽  
Legal Status ◽  
The Third ◽  
The Right ◽  
Political Economic ◽  
Over Time

It is now notorious that the production of inscriptions in the Roman Empire was not constant over time, but rose over the first and second centuries A.D. and fell in the third. Ramsay MacMullen pointed this out more than five years ago, with conclusions more cautionary than explanatory: ‘history is not being written in the right way’, he said, for historians have deduced Rome's decline from evidence that–since it appears only epigraphically–has merely disappeared for its own reasons, or have sought general explanations of decline in theories political, economic, or even demographic in nature, none of which can, in turn, explain the disappearance of epigraphy itself. Why this epigraphic habit rose and fell MacMullen left open to question, although he did postulate control by a ‘sense of audience’. The purpose of this paper is to propose that this ‘sense of audience’ was not generalized or generic, but depended on a belief in the value of romanization, of which (as noted but not explained by MacMullen's article) the epigraphic habit is also a rough indicator. Epitaphs constitute the bulk of all provincial inscriptions and in form and number are (generally speaking) the consequence of a provincial imitation of characteristically Roman practices, an imitation that depended on the belief that Roman legal status and style were important, and that may indeed have ultimately depended, at least in North Africa, on the acquisition or prior possession of that status. Such status-based motivations for erecting an epitaph help to explain not only the chronological distribution of epitaphs but also the differences in the type and distribution of epitaphs in the western and eastern halves of the empire. They will be used here moreover to suggest an explanation for the epigraphic habit as a whole.

A clinical case of transcleral fixation of an artificial iridochrustalic diaphragm during its decentration in a patient with aniridia and aphakia

2021 ◽  
pp. 206-208
Author(s):  
D.O. Shkvorchenko ◽  
◽  
I.M. Gorshkov ◽  
S.A. Kakunina ◽  
K.S. Norman ◽  
...  
Keyword(s):  
Key Words ◽  
Russian Federation ◽  
Clinical Case ◽  
Functional Results ◽  
Successful Implementation ◽  
Ministry Of Health ◽  
Visual Functions ◽  
The Russian Federation ◽  
The Right

Purpose. To evaluate the clinical and functional results of the technique of transcleral fixation of the artificial iridochrustalic diaphragm during its decentration in a patient with aniridia and aphakia. Material and methods. Under observation was a 32-year-old patient K. with a diagnosis on the right eye: iridochrustalic diaphragm decentralization, posttraumatic aniridia, posttraumatic aphakia, who underwent a method of transcleral fixation of a displaced artificial iridochrustalic diaphragm developed at the Academician S. N. Fedorov Eye Microsurgery of the Moscow Ministry of Health of the Russian Federation. Results. Patient K. is subjectively satisfied with the visual functions obtained in the right eye. Conclusion. Thus, this clinical case demonstrates a very successful implementation of the fixation of the iridochrustalic diaphragm with its displacement to obtain satisfactory visual functions in the patient. Key words: aniridia, iridochrustalic diaphragm, transcleral fixation.

RECRUITMENT TO THE CIVIL SERVICE: AT THE LEGAL AND FACTUAL LEVELS

2020 ◽  
Vol 56 (07) ◽  
pp. 60-65
Author(s):  
Samira Eldar Mehraliyeva ◽  
Keyword(s):  
Key Words ◽  
Civil Service ◽  
Scientific Research ◽  
The State ◽  
Successful Implementation ◽  
Legal Basis ◽  
Constitutional Right ◽  
Service Legislation

The effective and successful implementation of the constitutional right of citizens to participate in the management of the state depends on the admission to the civil service. Admission to the civil service is one of the central issues of the civil service legislation. As the civil service is a relatively young and newly studied area in our legislation, there is a constant need for scientific research and suggestions for improvement in this area. The article reflects the legal and factual problems in this field, as a right to civil service, the conduct of competitions, the criteria for evaluating candidates. Key words: right of admission, organization of competitions, evaluation of the candidate, legal basis, actual problems

Countering Migration Legislation Violations as a Modern Threat to National Security

2021 ◽  
Vol 15 (1) ◽  
pp. 162-170
Author(s):  
IGOR’ YU. SAMOKHVALOV
Keyword(s):  
Legal Status ◽  
Law Enforcement Agencies ◽  
Intelligence Gathering ◽  
Legal Norms ◽  
Functional Activities ◽  
Legal Method ◽  
Current State ◽  
General Scientific ◽  
Labor Resources ◽  
The Right

Introduction: the paper investigates migration situation in the country, reasons and prerequisites for migration-related crime, and identifies features of state prevention of migration offenses. Aim: by analyzing current migration situation, to identify problems in the field of migration-related offenses and how to counteract them at the current stage of society development. Methods: general scientific dialectical method of cognition, comparative legal method, empirical methods of description and interpretation; method of interpretation of legal norms. Results: having analyzed manifestations of migration-related crime we determine its signs, internal content, essence, types, and objectivity of existence; this allows us to put forward ways to counteract the current state of this type of crime. Conclusions: when studying how migration offenses are counteracted, we propose a number of measures that can change the existing crime situation in the migration sphere. Among them: strengthening the registration of migrants when passing the state border; increasing the responsibility of an unscrupulous employer who provides work to migrants in violation of current legislation, obliging unscrupulous employers to cover expenses related to the expulsion of illegally located migrants, strengthening the responsibility of the employer; tightening the sanctions of existing legislation for submission of false documents for registration by migrants and for registration based on false documents; strengthening the functional activities of the Federal Migration Service by granting it the right to perform intelligence-gathering activities and interaction with operative units of law enforcement agencies engaged in such activities; determining the priority of external and operative services to identify the facts of illegal stay of migrants in the territory of the metropolis; establishment of a single codified act – the migration code, regulating legal relations arising in the migration sphere. Keywords: migration-related crime; labor migration; uncontrolled migration of labor resources; legal status; victimization; migration diasporas.

On the Consideration of a Criminal Case Against a Minor by Jury

2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Case ◽  
Jury Trial ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

Right to Promotion: Legal Certainty and Discretion of the Employer’s Representative

2021 ◽  
pp. 422-433
Author(s):  
M.V. Presnyakov
Keyword(s):  
Public Service ◽  
Civil Service ◽  
Civil Servant ◽  
Equal Access ◽  
Legal Certainty ◽  
The Law ◽  
The Right ◽  
Exhaustive List

Public Civil Service Act to establish such a mechanism for the exercise of the right to growth. This law provides for a competitive procedure for the replacement of all posts, including in the order of post growth, and at the same time establishes the principle of forming a personnel reserve on a competitive basis. In addition, the law contains an exhaustive list of exceptions to the competitive procedure for the placement of posts, one of which is the appointment of a civil servant in the personnel reserve. This is justified, since the personnel reserve itself is formed on a competitive basis. However, the law provides for the possibility of enrolling a civil servant in the personnel reserve based on the results of certification, which, in our opinion, does not comply with the principle of legal certainty, does not fully realize the right of equal access to public service, and also does not ensure the filling of posts according to the principle of competence. However, the potential of this law is not fully realized, as it contains a number of uncertain provisions that overextend the discretion of the employer's representative.

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