La legislación autonómica no puede asignar funciones administrativas al personal eventual. Comentario a la STC 156/2013, de 23 de septiembre

Author(s):  
Javier OLIVÁN DEL CACHO

LABURPENA: Lan hau Konstituzio Auzitegiaren 156/2013 Epaiari buruzkoa da, inkonstituzionaltzat jo baitzuen erkidegoko lege-aurreikuspen bat non behin-behineko enplegatu bati (izendapen librearen eta lana uztearen ikuspegitik) administrazio-zereginak eman zitzaizkion. Izan ere, horrek urratu egiten du estatuko oinarrizko legeriaren debeku bat, behin— behineko langileek konfiantza edo aholkularitza berezikoak ez diren zereginak egiteari buruzkoa. RESUMEN: El presente trabajo versa sobre la Sentencia del Tribunal Constitucional 156/2013, que declaró inconstitucional una previsión legislativa autonómica en la que se atribuían a un empleado eventual (desde la perspectiva de su libre nombramiento y cese) funciones materialmente administrativas. La inconstitucionalidad se basa en la contravención de la prohibición contenida en la legislación básica estatal en relación con el ejercicio por el personal eventual de funciones distintas de las de confianza o asesoramiento especial. ABSTRACT: This work deals with the judgment 156/2013 of the Constitutional Court that found inconstitutional an autonomic legislative provision that confered a temporary public officer (from the point of view of his/her free appointment and dismissal) materially administrative tasks. The inconstitutionality is based on the violation of the prohibition established by the state basic legislation in relationship with the exercise of tasks by the temporary staff different to those of trust and special advising.

2020 ◽  
Vol 17 (3) ◽  
pp. 36-46
Author(s):  
Sergey Yadrikhinskiy

Introduction. Legal science traditionally considers the taxpayer as a person obliged, and the payment of tax in terms of unconditional, unilateral claims of the state. At the same time, the practice of taxation shows that not only the state, but also the taxpayer is interested in the proper execution of the tax duty. This article proposes to conduct a study of the performance of duties from the point of view of the legitimate interests of the taxpayer. Purpose. The purpose of this study is to consider the legal and organizational aspects of the obligation to pay tax, as well as the resolution of conflict issues in the balancing of public and private interests. Methodology. The methodological basis of the study consists of various General and special methods of cognition of the phenomena of legal reality. Among them, legal-dogmatic and historical-legal methods are particularly important. Results. The article reveals the signs of proper fulfillment of tax duties; distinguishes the concepts of “payment of tax” and “transfer of tax”; substantiates the idea that the implementation of tax duties is associated with the legitimate interests of the taxpayer, the accounting of which is an obligation on the part of the state in the face of law enforcement agencies (courts, tax authorities); analyzes the legal position of the constitutional Court of the Russian Federation on the payment of taxes and the performance of tax duties, defines the boundaries of good faith behavior of the taxpayer. Conclusions. The recognition of a duly performed tax duty is a legitimate interest of the taxpayer, which is subject to protection. Based on the analysis of the multistage process of tax payment and through the prism of the principle of justice, the conclusion about the inadmissibility of imposing all responsibility for not receiving money to the budget only on the taxpayer is substantiated. A practice that gives priority only to fiscal interest leads to an imbalance of private and public interests.


Author(s):  
Oleh Boginich

Introduction. State responsibility to civil society is a topic that has already been the subject of research by some scientists. It was studied by political scientists, representatives of constitutional law, administrative law, theory of state and law. At the same time, there are still issues that require additional analysis, since, from the author's point of view, the conclusions drawn in previous studies did not contribute to increasing the state's responsibility to civil society. The aim of the article. To investigate the nature of relations between the state and civil society, to establish the grounds for the emergence of its responsibility to civil society, the forms and methods of its control over the activities of individual state bodies and officials. Results. Control functions are immanent to the vital activity of any system. The specifics of a state-organized society necessitate two functions of control – control by society over the state as a special authorized body for solving general cases of the first, and internal control of the state over compliance with the parameters of the system defined by society. From the content of Article 1 of the Constitution of Ukraine, it follows that Ukraine is a sovereign and independent, democratic, social and legal state. These principles constitute the characteristics of the state, which the society, through its representatives in Parliament, when adopting the basic law, authorized to observe in its activities. However, the practice of the activities of state bodies of Ukraine at the present stage indicates total violations of these principles. One of the reasons for this situation is incorrectly established ties between the state and society. Most authors refer to these relations as parity, where the state and society are equal subjects . From our point of view, they are not and cannot be parity, since the state is a function of society, and there is a functional connection between them. Contrary to these conclusions, the activities of the president of Ukraine and the Verkhovna Rada of Ukraine for violating their duties are not accompanied by the onset of legal liability for them. This, in particular, applies to such cases as the confrontation between the president of Ukraine and the Constitutional Court of Ukraine, where the former unconstitutionally attempted to resolve this confrontation in his favor, suggesting that the parliament dissolve the Constitutional Court of Ukraine. This, in addition to violating their obligations to comply with the Constitution of Ukraine, should also be interpreted as a violation of their oath, which contains similar requirements for their activities. In this regard, measures are considered necessary to apply measures of legal liability to the president for violating his duties and Oath. Similar conclusions should be drawn regarding the failure to fulfill election promises on the part of people's Deputies of Ukraine, as well as their violation of the oath they take in accordance with Article 79 of the Constitution of Ukraine. Conclusions. Summing up, we can conclude that without strengthening the legal responsibility of the state to civil society for non-fulfillment of its duties, the rights of citizens will be subject to systemic violations. Political responsibility is regulated by the norms of law, and therefore it is also a legal liability, it also contains the composition of an offense, in particular a constitutional tort as the basis for its occurrence, and therefore it should necessarily provide for the existence of sanctions for violating the obligations of the relevant authorized entities. Legal liability of officials who head or are members of state bodies should always be accompanied by bringing the perpetrators to justice (constitutional, criminal, administrative, civil, disciplinary).


Author(s):  
Marina RODRÍGUEZ BEAS

LABURPENA: Merkatu Batasuna Bermatzeko abenduaren 9ko 20/2013 Legearen (MBBL) bitartez neurri batzuk ezarri ziren araubide bateraturako eta oztopo administratiboak deuseztatzeko, eta horiek eragin handia izan dute barne merkataritzako araubide juridikoan. Arau horren bitartez Estatuko legegileek argi eta garbi liberala den esku-hartze eredua definitu dute eta autonomia-erkidegoei esparru oso mugatua ezarri die eskumenak baliatzeko. Arau eztabaidagarria da, horren arabera araubideak duda asko sortzen baititu konstituziozkotasunari buruz autonomia-erkidegoen eskumenen esparruan, eta horregatik Auzitegi Konstituzionalean zenbait instantzien bitartez errekurritua izan da. Lan honetan araubide horretatik sortzen diren ondorioak aztertuko ditugu merkataritza ekipamenduen gaineko eskumen autonomikoei dagokienez. Horretarako, Zerbitzuen Zuzentaraua kontuan hartuz, aztertu egin da nola garatu den administrazioaren esku hartzea merkataritza ekipamenduetan. Hala, ahultzen joan da joera neoliberaletan oinarritutako Estatuko araubidearen etengabeko aldaketekin, eta Estatuaren eskumenak berriz ere zentralizatzeko joera ezarri da. Aztertu egin ditugu, halaber, MBBLren aurkaratutako xedapenak eta errekurtsogileek egindako inpugnazio zehatzak, argitu nahirik zein den Konstituzio Auzitegiaren doktrina berriena —haren ekainaren 22ko 79/2017 epaitik abiarazten dena— gai honi buruz: ea MBBLk eragiten dion ala ez Autonomia Erkidegoek barne merkataritzan dituzten eskumenen baliatzeari. RESUMEN: La Ley 20/2013, de 9 de diciembre, de Garantía de la Unidad de Mercado (LGUM) introduce una serie de medidas de armonización normativa y de supresión de barreras administrativas, las cuales han tenido un fuerte impacto en el régimen jurídico del comercio interior. Con esta norma el legislador estatal ha definido un modelo de intervención económica claramente liberal y ha impuesto a las Comunidades Autónomas un marco muy limitado para poder ejercer sus competencias. Se trata de una norma controvertida que prevé una regulación que plantea dudas razonables de constitucionalidad desde el ámbito competencial de las Comunidades Autónomas, y por ello, ha sido recurrida desde varias instancias ante el Tribunal Constitucional. En este trabajo analizamos cuáles son los efectos que se derivan de esta normativa en las competencias autonómicas sobre la ordenación de los equipamientos comerciales. Para ello se ha estudiado cómo ha evolucionado, desde la Directiva Servicios, el régimen de intervención administrativa de los equipamientos comerciales, el cual se ha ido debilitando con las corrientes neoliberales que inspiran las sucesivas reformas de la normativa estatal, e imponiéndose una tendencia recentralizadora de las competencias del Estado. También examinamos los preceptos impugnados de la LGUM y las concretas impugnaciones realizadas por los recurrentes para llegar a dilucidar la doctrina más reciente del Tribunal Constitucional que parte de la Sentencia 79/2017, de 22 de junio, sobre si la LGUM afecta al ejercicio de las competencias en comercio interior de las Comunidades Autónomas. ABSTRACT: The Act 20/2013, of December 9, on the protection of market unity (LGUM) introduces a series of regulatory measures for legal harmonization and the removal of administrative barriers, which have had a strong impact on the legal regime of internal trade. With this Act, the State legislator has defined a clearly liberal model of economic intervention and has imposed on Autonomous Communities a very limited framework to exercise their powers. This is a controversial rule that provides for a regulation that raises reasonable issues of constitutionality from the point of view of the competences of the Autonomous Communities, and for this reason, it has been appealed against from several instances before the Constitutional Court. In this paper we analyze the effects that derive from this regulation in the autonomic competences on the development of commercial facilities. For this purpose, it has been studied how the administrative intervention regime of commercial facilities has evolved since the enactment of the Services Directive, which has been weakened by the neoliberal currents that inspire the successive reforms of the State regulations, and how a recentralizing trend of the State powers has prevailed. We also look at the contested provisions of the LGUM and at the specific challenges brought by the appellants to elucidate the most recent doctrine of the Constitutional Court based on Judgment 79/2017, of June 22, on whether the LGUM affects the exercise of competences in internal trade by the Autonomous Communities.


Author(s):  
V.N. Kurdyukov ◽  
◽  
T.V. Lebedeva ◽  

The article considers common classifications of measures to reduce environmentaleconomic damage from motor vehicles. Classification from the point of view of control impact is proposed, which allows to take into account relations between the state and citizens in the field of reduction of negative impact of motor vehicles on the environment. The analysis of the classification made it possible to identify areas of activity for improving the efficiency of management impacts, taking into account the incentives of citizens to comply with the requirements of the legislation and to create conditions for their exceeding. Increasing the efficiency of resource allocation in the Territory will allow the released funds to be allocated to the development of industry, agriculture, education and science.


2018 ◽  
Vol 42 ◽  
pp. 245-255
Author(s):  
Rostislav F. Turovsky

The article is devoted to the study of the party model of Russian parliamentarism in post-soviet period. The focus is on the issues of party representation and its correlation with the distribution of the managerial positions and introduction of collective legislation at State Duma. These issues are examined from the point of view of reaching cross-party consensus and implementation of fair parliament party representation principle. According to the author Russian parliamentarism model aims at reaching full-fledged party consensus that corresponds better to the principles of popular representation than strict parliament polarization along the line of “authority-opposition”. Understanding of those issues by the majority of the players was noted from the very start of the State Duma activities, in spite of the acute conflicts in the 1990-ies.The author draws the conclusion that the equation of party representation continues to grow at the level of managerial positions in the parliament that allows to improve cooperation of the parties and to reduce authority and opposition conflicts. Thereby the Russian parliamentarism model makes an important contribution to the stabilization of socio-political situation of the country.


Author(s):  
Salah Hassan Mohammed ◽  
Mahaa Ahmed Al-Mawla

The Study is based on the state as one of the main pillars in international politics. In additions, it tackles its position in the international order from the major schools perspectives in international relations, Especially, these schools differ in the status and priorities of the state according to its priorities, also, each scholar has a different point of view. The research is dedicated to providing a future vision of the state's position in the international order in which based on the vision of the major schools in international relations.


Author(s):  
Vitaly Lobas ◽  
◽  
Elena Petryaeva ◽  

The article deals with modern mechanisms for managing social protection of the population by the state and the private sector. From the point of view of forms of state regulation of the sphere of social protection, system indicators usually include the state and dynamics of growth in the standard of living of the population, material goods, services and social guarantees for the poorly provided segments of the population. The main indicator among the above is the state of the consumer market, as one of the main factors in the development of the state. Priority areas of public administration with the use of various forms of social security have been identified. It should be emphasized that, despite the legislative conflicts that exist today in Ukraine, mandatory indexation of the cost of living is established, which is associated with inflation. Various scientists note that although the definition of the cost of living index has a well-established methodology, there are quite a lot of regional features in the structure of consumption. All this is due to restrictions that are included in the consumer basket of goods and different levels of socio-economic development of regions. The analysis of the establishment and periodic review of the minimum consumer budgets of the subsistence minimum and wages of the working population and the need to form state insurance funds for unforeseen circumstances is carried out. Considering in this context the levers of state management of social guarantees of the population, we drew attention to the crisis periods that are associated with the market transformation of the regional economy. In these conditions, there is a need to develop and implement new mechanisms and clusters in the system of socio-economic relations. The components of the mechanisms ofstate regulation ofsocial guarantees of the population are proposed. The deepening of market relations in the process of reforming the system of social protection of the population should be aimed at social well-being.


Author(s):  
Angela Dranishnikova

In the article, the author reflects the existing problems of the fight against corruption in the Russian Federation. He focuses on the opacity of the work of state bodies, leading to an increase in bribery and corruption. The topic we have chosen is socially exciting in our days, since its significance is growing on a large scale at all levels of the investigated aspect of our modern life. Democratic institutions are being jeopardized, the difference in the position of social strata of society in society’s access to material goods is growing, and the state of society is suffering from the moral point of view, citizens are losing confidence in the government, and in the top officials of the state.


Author(s):  
Marina Aleksandrovna Kalievskaya

In this article, a model of the mechanism of ensuring public security and orderliness in accordance with the principles and tasks of the relevant institu- tions in public administration, taking into account resources, technologies, mea- sures for the state policy implementation in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order. It was found that ensuring public security and order in Ukraine is a mechanism for the implementation of national goals of state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, by defining tasks according to certain principles. The idea is that if one considers the state policy in the spheres of ensuring the protec- tion of human rights and freedoms, the interests of society and the state, combat- ing crime, maintaining public security and order as a national priority (purpose, task), then the mechanism of ensuring public security and order in Ukraine needs coordination with the state development strategy. From the point of view of the implementation of the state policy in the areas of ensuring the protection of hu- man rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, the mechanism of ensuring public security and order in Ukraine can be considered as the main system providing intercon- nection such elements as institutions (implementing the specified state policy), resources (human resources, logistical, natural and so on, with the help of which it is possible to implement state policy), technologies (skills, knowledge, means and so on the implementation of state policy), measures (action plans), as well as external (internal) threats.


2018 ◽  
Vol 28 (6) ◽  
pp. 1993-2005
Author(s):  
Shemsije Demiri ◽  
Rudina Kaja

This paper deals with the right to property in general terms from its source in Roman law, which is the starting point for all subsequent legal systems. As a result of this, the acquisition of property rights is handled from the historical point of view, with the inclusion of various local and international literature and studies, as well as the legal aspect devoted to the respective civil codes of the states cited in the paper.Due to such socio-economic developments, state ownership and its ownership function have changed. The state function as owner of property also changed in Macedonia's property law.The new constitutional sequence of the Republic of Macedonia since 1991 became privately owned as a dominant form of ownership, however, state ownership also exists.This process of transforming social property into state or private (dissolves), in Macedonia starts from Yugoslavia through privatization, return and denationalization measures, on which basis laws on privatization have been adopted. Because of this, there will be particularly intensive negotiations regaring the remaining state assets.


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