scholarly journals Legislative regulation of the powers of intelligence agencies: a comparative analysis

Author(s):  
Volodymyr Proshchaiev ◽  
Vadym Galeev

Based on the comparison of the Law of Ukraine "On Intelligence" with the legislative acts of some countries, the content, direction and completeness of the powers defined for the intelligence agencies have been clarified. The quality of legal regulations on the rights and responsibilities of intelligence agencies, their proximity to European standards has been studied. This is especially true of the problems of guaranteeing and respecting the constitutional rights of man and citizen during the implementation of intelligence measures against them within the defined powers. It is proved that the state, represented by the legislator, transfers to the intelligence body as one of the subjects of the intelligence sphere a certain set of rights and responsibilities to dispose of them to achieve goals, solve tasks and perform the functions specified by law. Peculiarities of the Ukrainian legislation concerning definition of powers of intelligence bodies are investigated. It is noted that all the rights granted by the domestic legislature to intelligence agencies can be divided into four groups, among which only one group reflects the functionality of intelligence. The peculiarities of the legislative acts of Georgia, the Republic of Croatia, the Russian Federation, the Republic of Belarus and the Republic of Lithuania regarding the powers of the intelligence agencies have been determined. It is proposed considerthe positive experience of these countries to improve domestic legislation, namely: it is desirable to define separately in the law the rights and responsibilities of intelligence agencies; responsibilities should be formulated in such a way that they correspond to the rights of other intelligence actors; the rights and responsibilities of the heads of intelligence agencies should not be defined in the general sense, as for the heads of other state bodies, but in accordance with their special functionality; it is advisable to formulate the rights and responsibilities of intelligence officials to perform a specific task, function or to conduct a separate intelligence event. Keywords: national security, intelligence, intelligence agencies, legislative regulation of the powers of intelligence agencies.

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.


2020 ◽  
Vol 99 (3) ◽  
pp. 291-297
Author(s):  
Елена Юрьевна Горбаткова

One of the most important factors affecting the health of modern youth is nutrition. Taking into account the timeliness of this problem, a research aimed at improving the quality of nutrition for students of higher education institutions of various fields of study (Ufa, the Republic of Bashkortostan) was executed. A software directed at studying the nutritional composition of the diet of students was developed, registered and tested. The development and implementation of the program were carried out taking into account regional features of nutrition of the population of the Republic of Bashkortostan. The food ration of university students of various fields of study was also evaluated according to food groups. The insufficiency of the daily ration based on a number of indics was revealed (according to nutritional composition and food products. The nutritional status of students according to the level of insufficiency of daily intake of nutrients in order to identify the degree of risk of abnormalities in the state of health development was evaluated also. According to the document of the Government of the Russian Federation “Fundamentals of the state policy of the Russian Federation in the field of healthy nutrition of the population for the period until 2020”, implementation the development of a set of measures aimed at reducing the prevalence of diseases associated with nutrition is one of the main directions of the state policy in the field of healthy nutrition. In this regard, a conceptual medical-pedagogical model aimed at forming a system of values in relation to healthy lifestyle among students was developed. Currently, there was executed an evaluation of the effectiveness of this model in the educational process of the M. Akmulla Bashkir State Pedagogical University. There was also been studied content of macro- and microelements in the venous blood of the students based on the changes in the quality of nutrition. There was also conducted analysis of hygienic conditions of students’ educational environment of leading universities in Ufa (the Republic of Bashkortostan).


Author(s):  
Rodriguez Nancy Aguilar ◽  
◽  
S. V. Redkin ◽  
Y. G. Isaev ◽  
◽  
...  

Determining the quality of honey in procurement, trade organizations and food markets does not always correspond to the level of the requirements set by the current standards for this product, and the large gap between supply and demand for it, as well as the high cost of the product, often leads to various kinds of falsifications. The aim is to assess the quality of honey obtained in the Republic of Colombia and the Russian Federation on the basis of veterinary and sanitary researches. The article presents data on the veterinary and sanitary examination of natural honey from Colombia and Russia. The conducted study made it possible to establish that good organoleptic indices, the presence of pollen in honey samples and reliable establishment of the botanical and geographical origin of honey do not guarantee the quality of the product.


2020 ◽  
Vol 17 ◽  
pp. 00143 ◽  
Author(s):  
Niyaz Azatovich Safiullin ◽  
Gulnara Rinatovna Valieva ◽  
Dzhaudat Ibragimovich Faizrahmanov ◽  
Luisa Nizamovna Savushkina ◽  
Chulpan Malikovna Kurakova

The article discusses the features of the provision of public services in electronic form. The dynamics of the provision of public services in the Republic of Tatarstan is given. A review of the existing methodologies for assessing the quality of the provision of electronic public services is given. The authors’ methodology for assessing the quality of the provision of state and municipal services in electronic form is proposed. An authorized executive body has been identified which is responsible for organizing the assessment of the quality of services. Formulas of individual indicators of the technique are developed. As an example, the assessment of the provision of the public service “Providing information obtained in the course of accounting for reclaimed land” is calculated. A polygon of the effectiveness of the provision of state and municipal services in electronic form is proposed. Measures to eliminate identified deficiencies in the provision of services are proposed. The authors make the conclusion about the importance of assessing the quality of services and the relevance of the proposed methodology.


2020 ◽  
Vol 17 (4) ◽  
pp. 208-217
Author(s):  
V. A. Sharov ◽  
A. A. Tleukhanov

One of the main tasks in improving management of the transportation process is the transition to enhanced quality of transport service focused on meeting users’ requirements while achieving the most economical results for all the components of the technological process stages. The quality of the services offered by railway transport is gradually becoming an increasingly significant indicator of economic efficiency for both carriers and cargo owners. Customers are ready to buy more and more qualitative services to save time, expand their business, and meet new needs. This necessitates dev elopment of modern approaches to optimizing the use of existing railway infrastructure, including by establishing priorities in organizing traffic. The objective of the research was to study the procedure for establishing dynamic priorities for organizing transit of cargo trains. To achieve this goal, a comparative analysis method, special engineering calculation methods associated with organization of train traffic were used. During the study comparative analysis of main characteristics of a number of world railways was carried out. Following clearly defined strategy of railways of the Russian Federation aimed at customer focus, this article provides preliminary research results, the findings of which revealed the expediency of establishing dynamic priorities for cargo trains transit. It is especially important to implement these approaches in the context of an operational change in the train situation in the event of emergency events on the infrastructure and for a possible reduction in the financial losses of consignors and consignees. The same approaches can rightfully be used on the railway of the Republic of Kazakhstan.


2019 ◽  
Vol 15 (4) ◽  
pp. 774
Author(s):  
Muhammad Reza Maulana

Pada hakikatnya judicial review dilaksanakan demi terciptanya keseimbangan hukum dan terpenuhinya hak konstitusional setiap pemangku kepentingan untuk bertindak dan mengajukan permohonan pembatalan suatu undang-undang kepada Mahkamah Konstitusi dengan menyatakan undang-undang tersebut telah bertentangan dengan UUD RI 1945. Pengujian undang-undang terhadap UUD 1945 dilakukan dalam upaya penyempurnaan hukum yang berlandaskan konstitusi. Setiap undang-undang haruslah dilandasi oleh aturan dasar yang tidak hanya tercantum pada konsiderannya saja, melainkan dibuat serta dilaksanakan berlandaskan nilai dan norma konstitusionalitas. judicial review yang selama ini dilakukan oleh banyak pihak pada Mahkamah Konstitusi membuktikan bahwa kualitas produk hukum atau aturan hukum yang selama ini dilahirkan oleh pembuat undang-undang seringkali bertolak belakang dengan keteraturan hukum, sehingga diperlukan langkah hukum preventive demi menjaga integritas lembaga pembentuk undang-undang agar tidak dianggap melahirkan produk hukum yang asal-asalan. Oleh karena itu, di dalam penelitian ini akan mengkaji dan menginisiasi pembentukan produk hukum yang berkualitas konstitusi sehingga Mahkamah Konstitusi sebagai lembaga pengawal konstitusi memberikan kontribusi dengan cita konstitusi dan melahirkan produk hukum dengan kualitas konstitusi. Dalam penelitian ini metode yang yang digunakan adalah yuridis normatif dengan menggunakan pendekatan undang-undang dan konseptual. Hasil penelitian ini menggambarkan betapa pentingnya upaya preventive sebelum suatu aturan hukum kemudian ditetapkan, disahkan dan dilaksanakan, dimana ada persoalan konstitusionalitas terhadap implementasi suatu produk hukum yang kemudian oleh Mahkamah Konstitusi dinyatakan bertentangan dengan Undang-Undang Dasar Republik Indonesia 1945.Basically, judicial review has done to create a balance of law and to fulfill the constitutional right for every stakeholder to act and apply for application to constitutional court by stating the rule was contradicted to the constitution of Republic of Indonesia 1945. The application was made as an effort to perfect the law which is based on the constitution. Each rule has to be based on the basic rules, not only on its consideration but also is made and implemented in basic values and norms of contitutionality. Judicial review done by many people on constitutional court has proven that the quality of law product or rules of law made by the legislative often contradict with constitutional order of law, so it is necessary to take a step on preventive legal measurer to keep up the integrity of the rule maker of being judged making unqualified legal products. Therefore, this research reviews and initiates the production of law product so that the Constitutional Court can give preventive contribution on each legal products made, to be able to run with the ideals of the constitution and create legal products with constitution quality. This research used juridical normative method with legal and conceptual approaches. The results of this study illustrate how important preventive efforts before a rule of law are then set, ratified and implemented. In which there is a constitutional issue on the implementation of a legal product, that will be later declared by the Constitutional Court to be contradictory to the 1945 Constitution of the Republic of Indonesian.


2017 ◽  
Vol 7 ◽  
pp. 175-197
Author(s):  
Natalia Cwicinskaja

On March 18 2014, the Republic of Crimea became a federal subject of the Russian Federation and the Ukrainian legal system was changed to the Russian system. The transition period was set to end on January 1 2015. This transition period was characterized by the fact that the law was created on a day-to-day basis, and as the residents of Crimea were unfamiliar with Russian law they found themselves in a legal vacuum. Laws were adopted in an urgent manner to ensure that the unification was as smooth as possible. In practice it became apparent that the allocated time was not sufficient, and the transition period was extended in some areas. The Article presents a review of the accession procedure and the legal regulations established in the Republic of Crimea during the transition period, and identifies some issues which have arisen.


Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov

The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.


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