scholarly journals The role of the public council in local government

Author(s):  
G. O. Spabekov

In the modern world, public councils (councils) exist in almost every legal state. They are created in various forms and spheres of public life to achieve the political goals of the state. In general, councils widely exercise their powers in monitoring the activities of state bodies, public control, developing regulatory documents, and expressing the opinion of the population. In implementing the concept of a “hearing state”, councils effectively respond to constructive requests from citizens and are the most important link between the state and society, since problems in the state apparatus are caused by the lack of feedback from the population between local government and citizens. The article highlights the realities from the moment of adoption of the Law of the Republic of Kazakhstan “On public councils” to the present day, indicating the presence of a number of problems that bureaucratize and devalue the ideological basis. At the same time, practice shows real results that have a positive impact on building a dialogue and mandatory regulatory procedures that have no impact on society. The problems that have accumulated today, such as duplication of functions, lack of motivation, imperfect legislation, and others, require certain measures to be taken. This was preceded by the lack of practical experience of Kazakhstan at the time of adoption of the law, insufficient analysis of foreign practice and gaps in legislation. Solving these and other problems, as well as building the work of councils on a new principle, promotes openness and responsibility of the state to the population.

2021 ◽  
pp. 143-155
Author(s):  
F. V. Arkhipov

This study is devoted to the problem of material enrichment in the framework of Republican political theory. The aim of the work is to determine how the private desire for wealth correlates with the republican public virtues and affects the corruptio of the republic. The fact is that the desire for enrichment is the realization of a private self-interest. At the same time, the key republican virtue for the classical period — virtu — also assumes the presence of a private interest. In this regard, the author provides a theoretical justification for the permissibility of the desire for enrichment within the framework of republicanism.The research methods are comparative, historical methods, as well as the methodology of the Cambridge school. Within the framework of the analysis of the texts of the Republican tradition, the author comes to the following results.The corruptio of the republic takes place in cases where citizens are willing to compromise with the centralized political power of the state, giving up republican freedom for the sake of security and wealth. The most striking manifestation of this compromise is the transfer to the state of the function of distributing material goods in society. Wealth itself, in accordance with the classic Republican critique of statism, becomes dangerous when it replaces virtue, or becomes the price for which a person is willing to sell his freedom.At the same time, the most dangerous form of such a deal can be called a compromise, in which republican institutions continue to function formally, but political participation in society is replaced by police state control. Corruption of morals, therefore, occurs when people are willing to give up personal freedom for the sake of material well-being and convenience. However, at the same time, there is an amazing ideological substitution, according to which the political sphere begins to be called the state apparatus, which as such suppresses politics. This is the moment at which the corruptio of the republic takes place.As a result of the study, the author concludes that an effective compromise between a deviation from republican principles and private welfare is impossible. However, the desire to enrich itself can even be useful for the republic.


2020 ◽  
Vol 3 (1) ◽  
pp. 35-45
Author(s):  
Lukman Hakim ◽  
Paidjo Paidjo ◽  
Tegar Mukmin Alamsyah Putra

Indonesia is a country of law that upholds justice and guaranteeing all citizens equal before the law in its position without any exceptions. In the opening text of the Constitution of the Republic of Indonesia in 1945 and the first paragraph of the fifth principle of Pancasila prove that Indonesia is a country that upholds the sense of social justice for all Indonesian people, independent country, united, sovereign, just and prosperous. Indonesia received the law as the state ideology to create order, security, justice and prosperity for its citizens. One of the state apparatus that perform the function of the law is the police, one of the actions of the national police is investigating. The process of investigation is the examination process in criminal cases in order to obtain enough information to find and collect evidence on the matter and to find the suspects. Nowadays many cases of wrongful arrests in the investigation process at the police level causing adverse effects on the morale and psychological. How the legal protection for victims of wrongful arrests made by the police of the Republic of Indonesia. The method used in this study is adalahYuridis Normative that is based on the Principles of Law, the rules of law and Regulation Legislation relating to criminal law. In the legal protection as stipulated in the Regulation Legislation that the suspect, defendant or convict is entitled to sue for damages because of being arrested, detained, charged and prosecuted or subjected to other measures, without reason under the Act or in error about the person or the applicable law , Paragraph (2) compensation claim by the suspect or his heirs for the arrest or detention and other measures without reason under the Act or in error about the person or the applicable law as referred to in paragraph (1) that its case was not submitted to the district court, disconnected at a pretrial hearing.Negara Indonesia adalah negara hukum yang menjunjung tinggi rasa keadilan dan menjamin semua warga negara, sama dalam kedudukannya dimata hukum tanpa ada perkecualian. Dalam teks pembukaan Undang Undang Dasar Negara Republik Indonesia 1945 alinea pertama dan Pancasila sila kelima membuktikan bahwa Indonesia adalah negara yang menjunjung tinggi rasa keadilan sosial bagi seluruh rakyat Indonesia, negara yang merdeka, bersatu, berdaulat, adil dan makmur. Indonesia menerima hukum sebagai ideologi negara untuk menciptakan ketertiban, keamanan, keadilan serta kesejahteraan bagi warga negaranya. Salah satu aparatur negara yang menjalankan fungsi hukum adalah Polri, Salah satu tindakan polri adalah penyidikan. Proses penyidikan adalah proses pemeriksaan dalam perkara pidana guna mendapatkan informasi yang cukup, menemukan dan mengumpulkan bukti-bukti mengenai perkara tersebut dan guna menemukan tersangkanya. Sekarang ini banyak kasus salah tangkap dalam proses penyidikan pada tingkat kepolisian menyebabkan kerugian yang berdampak pada moril dan psikis. Bagaimana perlindungan hukum terhadap korban salah tangkap yang dilakukan oleh kepolisian Negara Republik Indonesia. Metode yang digunakan dalam penelitian ini ini adalahYuridis Normatif yaitu berdasarkan Asas-Asas Hukum, kaidah-kaidah hukum dan Peraturan Perundang-Undangan yang berkaitan dengan hukum pidana. Dalam perlindungan hukum sebagaimana diatur di dalam Peraturan Perundang-Undangan bahwa tersangka, terdakwa atau terpidana berhak menuntut ganti kerugian karena ditangkap, ditahan, dituntut dan diadili atau dikenakan tindakan lain, tanpa alasan yang berdasarkan Undang-Undang atau karena kekeliruan mengenai orangnya atau hukum yang diterapkan. Ayat (2) tuntutan ganti kerugian oleh tersangka atau ahli warisnya atas penangkapan atau penahanan serta tindakan lain tanpa alasan yang berdasarkan Undang-Undang atau karena kekeliruan mengenai orang atau hukum yang diterapkan sebagaimana dimaksud dalam ayat (1) yang perkaranya tidak diajukan ke pengadilan negeri,diputus di sidang praperadilan.


Author(s):  
Людмила Субракова ◽  
Ludmila Subrakova

The informal economy is becoming more and more noticeable fact in the modern world. The study of the informal economy in developing and developed countries, in urban and rural areas, has broadened the understanding of this multifaceted phenomenon. But the informal economy of small villages remains unexplored. Small villages of the Republic of Khakassia were threatened with extinction due to low incomes, unemployment and lack of social infrastructure. Therefore, since 2013 the state programs for the preservation and development of small villages were started in the region, providing for the repair of roads and houses, the creation of improvement facilities, assistance to consumer cooperation. The economic activity of the inhabitants of small villages remains largely informal, but its volume was not estimated either by statistical observation or monitoring of the employment service. The purpose of this article is to assess the informal economy of small villages of the Republic of Khakassia as a potential for their development. To this end, the author proposes an estimation method based on official statistics and the state employment service using the balance method, modeling employment, determining the volume of the informal economy on the basis of gross value added. The realization of this potential is impossible without the support of households and entrepreneurship of small villages by the state and municipal authorities of the Republic of Khakassia. The article concluded that the growth rate of the informal economy of small villages in Khakassia converged with the regional economy growth rates, and the volume is comparable to the revenues of the municipal budget of one district. It is noted that the Republican program of preservation and development of small villages, aimed at maintaining their social sphere, had a positive impact on economic development, including the informal economy.


2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Rossi Suparman

Secreted as an action or decision that can be used by the state civil service (ASN) under certain conditions, in carrying out the law enforcement duties of civil servants especially the police the authority to use discretion can be applied according to the conditions needed in the context of law enforcement, but after the enactment of Law Number 30 of 2014 concerning Government Administration requires clarity regarding the position of discretion in law enforcement. The method used is a normative approach using secondary and primary data that is analyzed qualitatively. The results showed (1) That the enactment of the Law on Government Administration is an effort to provide a legal position for discretion within the State Civil Apparatus. Discretion is regulated more clearly, from the definition, the limit according to the law, the limit is issued by the authorized official, the purpose, scope, conditions, use of discretion and approval procedures, and the consequences of discretionary law. (2) POLRI in its position as a law enforcement apparatus has the function of enforcing law in the judicial field both preventive and repressive. So with the discretionary authority in the judicial field as stipulated in Law No. 2 of 2002 in Article 18 paragraph (1) that "In the public interest of the Republic of Indonesia National Police officials in carrying out their duties and authorities can act according to their own judgment". (3) that in the relationship between the implementation of discretion according to the Government Administrative Law and the Police Law of the Republic of Indonesia there is an expansion of the purpose of police discretion in law enforcement, which is not only to create and maintain security and order, but also to launch and overcome obstacles in the process of law enforcement.Keywords : Discretion, State Civil Apparatus, Law Enforcement.


2017 ◽  
Vol 5 (1) ◽  
pp. 363
Author(s):  
Prof. Ass. Dr Kadri Kryeziu

In the most general sense, the mission of the local administration or local government is to "ensure governance at the level closest to citizens". Knowing that local government has an important role in the functioning of the state and of law, the local governance in the political system in most countries is primarily seen in its relations with the central government.If the historic point of view is taken into account, the development of local government in Kosovo has a tradition of two centuries. If the Constitution of the Ottoman Empire of 1876 is reviewed, it shows the pyramid of organization of local government in Kosovo, which was in fact inspired from the local government in the West. Speaking about local governance means slotting or reviewing a range of significant phenomena directly related to the destiny of the state. The local government, according to the Constitution of the Republic of Kosovo, represents the public power. It sanctions municipalities as basic administrative and political units.


Author(s):  
Olena Pikaliuk ◽  
◽  
Dmitry Kovalenko ◽  

One of the main criteria for economic development is the size of the public debt and its dynamics. The article considers the impact of public debt on the financial security of Ukraine. The views of scientists on the essence of public debt and financial security of the state are substantiated. An analysis of the dynamics and structure of public debt of Ukraine for 2014-2019. It is proved that one of the main criteria for economic development is the size of public debt and its dynamics. State budget deficit, attracting and using loans to cover it have led to the formation and significant growth of public debt in Ukraine. The volume of public debt indicates an increase in the debt security of the state, which is a component of financial security. Therefore, the issue of the impact of public debt on the financial security of Ukraine is becoming increasingly relevant. The constant growth and large amounts of debt make it necessary to study it, which will have a positive impact on economic processes that will ensure the stability of the financial system and enhance its security.


Author(s):  
Eddy Suwito

The development of technology that continues to grow, the public increasingly facilitates socialization through technology. Opinion on free and uncontrolled social media causes harm to others. The law sees this phenomenon subsequently changing. Legal Information Known as Information and Electronic Transaction Law or ITE Law. However, the ITE Law cannot protect the entire general public. Because it is an Article in the ITE Law that is contrary to Article in the 1945 Constitution of the Republic of Indonesia.


Author(s):  
Mariya Zinovievivna Masik

The article is devoted to the clarification of the peculiarities of risk management during the implementation of PPP projects. The author identifies a set of risks for a private partner, business risks of PPP projects and the main risks associated with the protests of the public, as well as public and international organizations. The typical risks of PPP projects are presented, including force majeure, political risks, profitability risks, operational, construction, financial risks, and the risk of default. The world experience of sharing risks between the partners is presented. Also named are the main methods for assessing the risks of PPP projects. It has been determined that the conditions on which the parties should reach agreement in order for the contract to be concluded are essential. Risk management can be implemented within the framework of the essential conditions for the allocation of risks. However, the provisions of the law provide for the allocation of only those risks identified by the results of an analysis of the effectiveness of the PPP project. Legislation does not directly determine how risks can be allocated to the risks identified during the pre-contract negotiations (or even at a later stage), but not taken into account in the analysis of efficiency. For example, suggestions on the terms of the partnership agreement as part of the bidding proposal may include suggestions on risk management mechanisms. There are no definite and can not be fully defined possible ways of managing risks in view of their specificity for a particular project. For this purpose, it is advisable to provide for a period of familiarization with the draft tender documentation and the possibility of making changes to it based on the findings received from potential contestants. It is also advisable to foresee cases in which it is possible to review certain terms of the contract without a competition. It is substantiated that the law does not restrict the possibility of foreseeing specific terms of an agreement on the implementation of the PPP project or to conclude additional (auxiliary) contractual instruments (for example, an investment agreement). At the same time, when laying down conditions not provided for by law, it is necessary to take into account the scope of competence of the state partner. Also, in order to ensure the principle of equality of conditions, the state partner should provide such additional conditions in the tender documentation.


2021 ◽  
pp. 002200942199789
Author(s):  
David A. Messenger

The bombardment of civilians from the air was a regular feature of the Spanish Civil War from 1936 to 1939. It is estimated some 15,000 Spaniards died as a result of air bombings during the Civil War, most civilians, and 11,000 were victims of bombing from the Francoist side that rebelled against the Republican government, supported by German and Italian aviation that joined the rebellion against the Republic. In Catalonia alone, some 1062 municipalities experienced aerial bombardments by the Francoist side of the civil war. In cities across Spain, municipal and regional authorities developed detailed plans for civilian defense in response to these air campaigns. In Barcelona, the municipality created the Junta Local de Defensa Passiva de Barcelona, to build bomb shelters, warn the public of bombings, and educate them on how to protect themselves against aerial bombardment. They mobilized civilians around the concept of ‘passive defense.’ This proactive response by civilians and local government to what they recognized as a war targeting them is an important and under-studied aspect of the Spanish Civil War.


2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.


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