scholarly journals Legal provision of constitutional rights and freedoms: administrative and legal aspect

2021 ◽  
pp. 151-158
Author(s):  
O. KOSILOVA
Keyword(s):  
Legal Aspect ◽  
Administrative Law ◽  
Constitutional Rights ◽  
Legal Provision

The article analyzes the essence and content of legal support of the rights and freedoms of citizens, identifies the leading trends in legal support and administrative and legal support in particular. The content of the category “provision” of rights and freedoms is analyzed, the mechanism of legal provision and administrative and legal provision as its component is investigated; the structure of the mechanism of legal provision is explored. The subjects and objects of administrative and legal relations, the specifics of administrative and legal support in the context of modern reform of the field of administrative law are determined.

scholarly journals The role of the constitutional complaint in the legislative process: Comparative legal aspect

2021 ◽  
Vol 39 (69) ◽  
pp. 833-850
Author(s):  
Nataliia I. Brovko ◽  
Liudmyla P. Medvid ◽  
Ihor Y. Mahnovskyi ◽  
Vusal A. Ahmadov ◽  
Maksym I. Leonenko
Keyword(s):  
Quality Assurance ◽  
State Government ◽  
Legal Aspect ◽  
Legislative Process ◽  
Constitutional Rights ◽  
State Legislation ◽  
The Subject ◽  
The Right ◽  
Heads Of State

The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.

scholarly journals EFFICIENCY OF STATE REGULATORY POLICY IN THE PERIOD OF COVID-19 PANDEMIC: ADMINISTRATIVE-LEGAL ASPECT

2021 ◽  
Vol 76 (3) ◽  
pp. 92-100
Author(s):  
Оleksandr Makarenko ◽  
◽  
Nataliia Makarenko ◽  
Keyword(s):  
Regulatory Policy ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Local Government Level ◽  
The Government ◽  
Business Entities

The main scientific and practical results of the analysis of the legitimacy of the actions of the Cabinet of Ministers of Ukraine during the introduction of anti-epidemic measures to combat the COVID-19 pandemic are presented. The peculiarities of exercising the Constitutional rights of citizens and the possibility of restricting them in a lawful manner, the risks of corruption as a result of the introduction of certain restrictions by the government and the creation of grounds for abuse of power and official duties have been studied. It is proposed to introduce a compensation mechanism for business entities to minimize financial losses and mitigate the tax burden at the local government level, as well as options for legal regulation of the relevant activities of the Cabinet of Ministers of Ukraine as a central executive body. Established that in the current legislation, namely in the Constitution of Ukraine, there is only one way to restrict the rights of citizens who can only be implemented through a mechanism for adopting a special law or amendments to the current laws. It is proved that to ensure effective and transparent administrativelegal regulation of state regulatory policy during the implementation of anti-epidemic measures to combat the COVID-19 requires the improvement of individual laws and subordination regulations that will in detail the activities of representatives of power and law enforcement agencies during detection and fixing offenses, otherwise it will create the basis for the emergence of corruption relations and commit criminal offenses with simultaneous leveling of the effectiveness of anti-epidemic measures. According to the authors, it is advisable to predict the need for automatic introduction of certain compensation measures at the level of regions, subject to the introduction (continuation or introduction) of anti-epidemic measures to combat the COVID-19. It is confirmed that in the event of improving the relevant legal acts, the risk of corrupt legal relations will be reduced, increased quality of state regulatory policy during the introduction of anti-epidemic measures to combat the COVID-19 and created universal compensation measures for small and medium-sized businesses that will be able to quickly and effectively applied in a country's scale.

Administrative Law

2004 ◽  
Author(s):  
Jeffrey Jowell
Keyword(s):  
Twentieth Century ◽  
Great Britain ◽  
Procedural Justice ◽  
Rule Of Law ◽  
State Power ◽  
Administrative Law ◽  
Constitutional Rights ◽  
Stages Of Development ◽  
The Rule Of Law ◽  
Legal Control

This chapter examines the stages of development of administrative law in Great Britain during the twentieth century, describing the different attitudes towards the exercise of state power and its legal control over the century. It explains that the century began with a concern for procedural justice and a particular concept of the rule of law, and ended with judicial constraints upon both the procedures and the substance of official decisions, justified by constitutional rights.

Freedom of Information and Transparency as Administrative and Constitutional Rights

1999 ◽  
Vol 2 ◽  
pp. 285-302 ◽  
Author(s):  
Carol Harlow
Keyword(s):  
Administrative Law ◽  
Political Agenda ◽  
The Political ◽  
Freedom Of Information ◽  
Constitutional Rights ◽  
Access To Information ◽  
The Media ◽  
Constitutional Right ◽  
Ec Law ◽  
Conceptual Confusion

Freedom of information is an idea which has been high on the political agenda of western democratic societies for many years. It has been cultivated, propagated and sometimes misused in self-interested fashion by the media. Its meaning, always imprecise, has fluctuated. It has been recycled under the American terms of “openness” and “Government in the Sunshine”. Recently it has been once more recycled under the fashionable term “transparency”. In the European context, this imprecision has been detrimental to the development of logical and sturdy principles concerning transparency and access to information. What has emerged from the conceptual confusion has been a reliance on the more restricted administrative law rights of access to information in contexts where a constitutional right to transparency would have been more appropriate, with a consequential impoverishment of the transparency concept in EC law.

Legal education and training of minors as a moral and legal aspect of personality development

2020 ◽  
pp. 59-67
Author(s):  
Laura Turkaeva
Keyword(s):  
Personality Development ◽  
Legal Aspect ◽  
Legal Education ◽  
Integrated Approach ◽  
Legal Culture ◽  
Education And Training ◽  
The State ◽  
Constitutional Rights ◽  
Legal Structure ◽  
And Training

The relevance of this work consists in the fact that at the present stage of society's development, full legal education and training of minors can be achieved through the aspiration of a person to learn the basics of legislation and to show respect for them. Considering the state and legal structure of the Russian Federation, this issue is given special attention. At the same time, knowledge and respect for laws do not yet cover the entire spectrum of the legal culture of the younger generation, since they must also understand and comply with them. Whereas by virtue of their harmonious combination, the coefficient of legal awareness and legal culture of modern children is taking shape. The need to strengthen preventive measures of educational impact is increasing every day. Every child should be aware of and feel the protection and priority of constitutional rights and freedoms. Scientific studies show the need for legal education of children using the state mechanism of influence, taking into account educational institutions, age qualifications and home conditions in which the child is brought up. In addition, positive dynamics in this problem will be observed only through the integrated approach of all state bodies represented by the three branches of government (legislative, executive and judicial), and using the experience of the European powers with the subsequent unification of international law.

scholarly journals Scientific approaches to the system of concepts of "national security": international legal aspect

2020 ◽  
Vol 7 (12) ◽  
pp. 70-77
Author(s):  
А. Альван
Keyword(s):  
National Security ◽  
Legal Aspect ◽  
The State ◽  
Constitutional Rights ◽  
External Threats ◽  
Wide Range ◽  
Single Well ◽  
Definition Of ◽  
The Individual

Scientific approaches to the concept of "national security" are systematized in the article. The author substantiates that there are four main approaches to the concept of "national security". The first group - works devoted to the terminological characterization of national security. Another group - the authors define national security because of the state of protection of vital interests, the individual, society and the state against all kinds of threats. The third group is studies that analyze the types of national security, in particular: economic, environmental, financial, personnel, financial, social, etc. These characteristics reflect their socio-political nature, trace the unity of personal, public and state security, developing political and other processes. The fourth group of studies are those that pay attention to problems related to the correct use of the concept of "national security" and the possibility of its replacement. Fifth group - analyzes the interaction and correlation of threats and security.There is no single, well-defined definition of national security today. No matter what approach the authors use, there are different approaches, and in some cases, complications or simplifications of this category.In our opinion, national security should be understood as a state of protection of the individual, society and state against a wide range of internal and external threats, which ensure the realization of citizens' constitutional rights and freedoms, decent quality and standard of living, sovereignty, independence, state and territorial integrity. , sustainable socio-economic development of the state.

scholarly journals THE LEGAL ASPECT OF THE NATIONAL EDUCATION BUDGET ALLOCATION

Yuridika ◽  
2018 ◽  
Vol 33 (3) ◽  
pp. 349
Author(s):  
Achmad Syauqy
Keyword(s):  
Legal Aspect ◽  
Budget Allocation ◽  
Constitutional Amendment ◽  
Constitutional Rights ◽  
National Education ◽  
Educational Rights ◽  
Efficiency Principle ◽  
Budget Policy ◽  
Administrative Sanction ◽  
Effective Supervision

Education is part of the constitutional rights owned by the citizens and should be fulfilled by the State. Better proportion of educational budgetting will expand the access of education for the citizens.  Article 31 Paragraph 4 of the 1945 Constitution explicitly states the number of 20 percent of the fulfillment of the education budget as a guarantee of citizens' educational rights. Nevertheless, the implementation of the aforementioned provision has been interpreted in various policies.  This research answers the issue of law aspect regarding the implementation of educational budget allocation nationally. This is a doctrinal research with different approaches namely: statute, conceptual, and case. In this research, three important things are concluded: (1) The constitutional framers were lack of comprehend consideration in formulating provision related to educational budget. (2) The inconsistency of several principles such as the principle of Justice, Principle of Efficiency, Principle of Transparency, Principles of Public Accountability, and Principle of Effectiveness in the educational budget policy (3) Ineffectivity of administrative sanction since it has no significant effects to the substantial aspect of education equality and its improvement. The research offers several solutions (1) Constitutional amendment on the provision of educational budget allocation provided with reliable academic papers. (2) Designs effective supervision mechanism towards the local public budgeting (APBD) (3) Open the access for public participation.

LEGAL CLAIM OF A MILITARIZED FORMATION OFFICER FOR ADMISSION TO SERVICE

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 611-621
Author(s):  
Małgorzata Grześków
Keyword(s):  
Legal Aspect ◽  
Labor Law ◽  
Administrative Law ◽  
Incomplete Picture

Employment in militarized services should be of interest not only to representatives of the doctrine of administrative law, but also to labor law. One-sided approach to these issues (only from the perspective of one field of law) gives an incomplete picture and forces to use certain simplifications. The article deals with the issue of the possibility of a militarized service officer claiming to be admitted to service. The analyzed issue was presented in a comparative legal aspect. The aim of the article is to answer the question whether, in the event of an officer not admitting to the service, he has a claim similar to the employee’s claim for admission to work.

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