scholarly journals Status and perspectives of the ombudsman institution in the legal system of Serbia and Montenegro

2005 ◽  
Vol 77 (10) ◽  
pp. 87-103
Author(s):  
Petar Teofilović
Keyword(s):  
Legal System ◽  
State Power ◽  
Serbia And Montenegro ◽  
Territorial Organization ◽  
Further Development

The article presents the main features of ombudsman institution, its position and role in the system of organs at various levels, and its relationships with other branches of state power, followed by a brief review of ombudsman institutions established so far on the territory of Serbia and Montenegro. The authorities and procedure of Ombudsman of Vojvodina are also presented. Finally, the text contains an analysis of some issues important for the regulation of relationship between ombudsman at various levels of territorial organization (national, regional and local), as well as for its further development in the domestic legal system.

El principio de autonomía local en el régimen vasco del gobierno local

2017 ◽  
pp. 81-106
Author(s):  
Luciano PAREJO ALFONSO
Keyword(s):  
Local Government ◽  
Legal System ◽  
National Level ◽  
Legal Framework ◽  
Government Effectiveness ◽  
Full Development ◽  
Territorial Organization ◽  
Broad Interpretation

LABURPENA: Lan honen hasieran toki-gobernuaren EAEko araubide legalari dagokion planteamendua zehaztu da, baita estatu mailako esparru konstituzionalean eta legalean txertatzeko baldintzak ere (modu zabal eta ulergarrian interpretatuz bai Tokiko Autonomiaren Europako Gutunaren, bai Europar Batasuneko jatorrizko eskubidearen aurreikuspenak); planteamendu horrek, ondorioz, Euskadiko lurralde-antolaketa berezian bete beharko duen funtzioa ere aztertu da; jarraian, toki-autonomiaren printzipioaren erabateko garapena identifikatu du, EAEko legelariaren funtsezko helburu gisa, eta definitutako toki-gobernuaren estatutuan helburu horrek izango lituzkeen ondorioak argitu ditu. Oinarri horretatik abiatuta tokiko autonomiaren kontzepzioa aztertu du, eta horri erantzuten dio; bukatzeko, aipatutako autonomiaren eraginkortasuna bermatzeko baliatutako prebentzio-mekanismo berritzaileak azaldu ditu. RESUMEN: Este trabajo comienza por precisar el planteamiento a que responde el régimen legal vasco del gobierno local, los términos de su inserción en el marco constitucional y legal estatal (interpretado correctamente de forma amplia y comprensiva, por tanto, de las previsiones tanto de la Carta Europea de Autonomía Local, como del Derecho originario de la Unión Europea) y la consecuente función que está destinado a cumplir en la peculiar organización territorial de Euskadi, para identificar seguidamente el pleno desarrollo del principio de autonomía local como objetivo fundamental del legislador vasco y precisar las consecuencias de tal objetivo en el estatuto del gobierno local que define. Sobre esta base analiza la concepción de la autonomía local en la que descansa y a la que el mismo responde para concluir con la exposición de los novedosos mecanismos preventivos que pone al servicio de la garantía de la efectividad de la referida autonomía. ABSTRACT: This paper aims at specifying the legal system rationale for the Basque Country’s local government, the terms of its insertion within the Constitutional and legal framework at the National level –with a broad interpretation, including, therefore, both, the European Charter of Local Self-Government, and the European Primary Law-, and the resulting role this legal system has to play in the special territorial organization of Euskadi. Following that, the paper tries to identify the full development of the principle of local self-government as the main objective of the Basque legislator, indicating its consequences within the local government statute defined by it. On this basis, the paper analyzes the local self-government conception of the principle previously indicated, and concludes outlining new preventive mechanisms that are placed in the service of the referred self-government effectiveness.

scholarly journals In the Absence of the Rule of Law: Everyday Lawyering, Dignity and Resistance in Myanmar’s ‘Disciplined Democracy’

2018 ◽  
Vol 28 (5) ◽  
pp. 573-599
Author(s):  
Alex Batesmith ◽  
Jake Stevens
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
State Power ◽  
Human Experience ◽  
Legal Systems ◽  
Material Support ◽  
The Rule Of Law ◽  
Alternative Perspective ◽  
The Individual ◽  
Individual Human

This article explores how ‘everyday’ lawyers undertaking routine criminal defence cases navigate an authoritarian legal system. Based on original fieldwork in the ‘disciplined democracy’ of Myanmar, the article examines how hegemonic state power and a functional absence of the rule of law have created a culture of passivity among ordinary practitioners. ‘Everyday’ lawyers are nevertheless able to uphold their clients’ dignity by practical and material support for the individual human experience – and in so doing, subtly resist, evade or disrupt state power. The article draws upon the literature on the sociology of lawyering and resistance, arguing for a multilayered understanding of dignity going beyond lawyers’ contributions to their clients’ legal autonomy. Focusing on dignity provides an alternative perspective to the otherwise often all-consuming rule of law discourse. In authoritarian legal systems, enhancing their clients’ dignity beyond legal autonomy may be the only meaningful contribution that ‘everyday’ lawyers can make.

History of the State and Law of Russia. Volume 3

2021 ◽  
Author(s):  
Aleksandr Smykalin ◽  
Tat'yana Bazhenova ◽  
Natal'ya Zipunnikova ◽  
Vladimir Motrevich ◽  
Elena Sokolova ◽  
...  
Keyword(s):  
Legal System ◽  
The State ◽  
Chronological Order ◽  
Soviet State ◽  
The Third ◽  
History Of ◽  
Further Development

The third part of the anthology contains materials reflecting the periods of formation of a limited monarchy in Russia and the further development of the legal system; the formation and development of the Soviet state and law in the XX century. The documents are arranged in chronological order.

Stone Roots, Digital Leaves: Czech Law against Unfair Competition in the Internet Era

2008 ◽  
Vol 33 (2) ◽  
pp. 155-180 ◽  
Author(s):  
Radim Polčák
Keyword(s):  
Legal System ◽  
Case Law ◽  
Unfair Competition ◽  
The Internet ◽  
Business Practices ◽  
Black Letter ◽  
The Law ◽  
Legislative Changes ◽  
Further Development

AbstractThe law against unfair competition is traditionally understood in countries of the Alpine legal system as extraordinary and unconventional. Unlike other legal disciplines, it does not rely on black-letter law; it is less formal and less legislatively elaborative in detail. Thus, progress and development in this area is not a matter for the legislator but for broad practically-driven doctrinal work connected to contemporary case law. When the Internet brought new opportunities in the development of business ventures, Czech law against unfair competition did not react with legislative changes but by the further development of standard interpretational patterns. In this article, we will briefly describe the grounds as well as recent related developments in the Czech law against unfair competition connected to unfair business practices on the Internet.

The Chinese Legal System: Continuing Commitment to the Primacy of State Power

1999 ◽  
Vol 159 ◽  
pp. 673-683 ◽  
Author(s):  
Pitman B. Potter
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
50Th Anniversary ◽  
State Power ◽  
Legal Requirements ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Policy Goals ◽  
Political Relationships

On the 50th anniversary of the founding of the PRC, the legal system plays an increasingly significant role in social, economic and even political relationships. Legal norms drawn largely from foreign experiences have been selected and applied through a plethora of newly established institutions. The role of law as a basis for government authority has become a legitimate and significant issue in the broader political discourse. Despite these achievements, law in China remains dependent on the regime's policy goals. Particularly where political prerogatives are at stake, legal requirements appear to pose little restraint on state power. In this sense, the ten years that have passed since Tiananmen appear to have had little impact on the willingness of the party-state to dispense with legal requirements in pursuit of political expediency. If we are to rely upon Dicey's dictum on the rule of law being in effect when the state becomes just another actor, the rule of law in China still seems a distant prospect indeed.

scholarly journals YOUTH POLICY AS AN OBJECT OF STATE AND MUNICIPAL MANAGEMENT

2020 ◽  
Vol 30 (2) ◽  
pp. 200-207
Author(s):  
E.A. Kasatkina ◽  
S.T. Artykov
Keyword(s):  
Young People ◽  
State Power ◽  
Health Improvement ◽  
Physical Culture ◽  
Youth Policy ◽  
Social Effectiveness ◽  
State Program ◽  
Municipal Management ◽  
Territorial Organization ◽  
Udmurt Republic

This article is devoted to the study of youth policy and youth problems in the municipality. Youth is currently one of the priority segments of management at all levels of the territorial organization - federal, regional, local. The authors determined that the solution of youth problems, management of youth policy should take into account the interests and characteristics of all subjects at all levels of territorial organization. The article presents data on the budget expenditures of the municipality for youth policy and health improvement of children, and concludes that they have decreased in dynamics. At the same time, the combination of state power and local self-government depends on the level of resolution of the problem of differentiation of subjects of competence and powers between state authorities and local self-government bodies. It is formulated that the criterion of effectiveness of youth policy is the correspondence of actual indicators to the target indicators of the state program of the Udmurt Republic “Development of physical culture, sports and youth policy”. The authors analyzed the indicators of social effectiveness of the implementation of youth policy in the municipality. Based on the analysis, a conclusion is formulated about the decrease in the number of young families during the considered period. The number of young people registered with the diagnosis “alcoholism” is lower than the planned indicators, however, in fact, there is no decrease in the number of such young people. An extremely alarming trend of growth in the number of young people aged 14-30 years registered with the diagnosis “narcomania” was revealed. In conclusion, the authors identify the main problems of modern youth policy in the municipality “city of Sarapul” and formulate the directions of their solution.

scholarly journals Regulatory Functions of Administrative Legislation in the System of Public Relations

2019 ◽  
Author(s):  
Andrei Batorovich Rabdanov
Keyword(s):  
Public Relations ◽  
Legal System ◽  
State Power ◽  
Administrative Law ◽  
Present Stage ◽  
Administrative Legislation ◽  
Russian State ◽  
Regulatory Functions

The article discusses the direction of development of the Russian legal system, the managerial character of state power, which is able to provide a development vector of Russian state at the present stage, and a particular regulation of administrative law.

scholarly journals Comparative characteristics of unitarism and federalism: conceptual aspects of theory and practice

2020 ◽  
pp. 87-93
Author(s):  
Oleksandr Batanov
Keyword(s):  
Constitutional Law ◽  
Mutual Influence ◽  
State Power ◽  
The State ◽  
Theory And Practice ◽  
Unitary Theory ◽  
Federal States ◽  
The Status ◽  
Territorial Organization ◽  
State Territory

The aim of the article is a comparative legal study of the essential and substantial characteristics of unitarism and federalism asphenomena of modern constitutional law. The synergetic relationship between the doctrines of modern unitarism or federalism, theprinciples of unitarism or federalism of the state territory and the fundamental institutions of the political, legal and state-administrativelife of modern unitary and federal states is shown. It is proved that the state system is not only one of the important components of theprocess of achieving the tasks, goals and functions of modern states, but also an immanent sign and a strategic element of themechanism for the realization of their sovereign rights.Given the unitarity of the Ukrainian state, special emphasis is placed on the importance of the principles of unitarism in thefunctioning of the constitutional system of Ukraine. The complexity, importance and relatively widespread use of unitarity as a form ofgovernment is causing a lively and ever-growing scientific interest in it throughout the world. The unique ability of unitarism to takeinto account the specific features of a particular condition allows it to manifest itself in each case in a new way. That is why it is importantto analyze the mutual influence of unitary theory and practice, to explore and take into account the peculiarities of national unitarism.The problem of unitarism and the unitary form of the territorial structure of the state and the status of its constituents is one ofthe least studied in domestic constitutional law. Modern representatives of the science of constitutional law, as a rule, are limited to considerationof individual issues of the territory, in particular, the features of the territorial organization of state power and local selfgovernment,problems of state sovereignty, territorial integrity and inviolability, etc. To a large extent, a lack of study of the problemin contemporary Ukraine causes difficulties in understanding such interrelated but not identical phenomena as unitarism and unitarity,regionalism and regionalization, municipalism and municipalization, decentralization and deconcentration, etc. It should be noted thatin modern literature on issues of state territory, territorial organization of state power, and other issues of the status of territory, thecomp lex, multidimensional nature of unitarism as a constitutional category is not always taken into account.It is proved that unitarism and federalism are multidimensional socio-political and constitutional phenomena: these are ideas, andindependent theories and scientific directions, and global social and constitutional practices, and constitutional forms of existence andfunctioning of territorial collectives and regions, and the historical state of statehood, and forms of realization of national identity andcitizenship, etc.

scholarly journals Formation of an Innovative Mechanism of Social Partnership in the System of Territorial Communities Support

2020 ◽  
pp. 139-148
Author(s):  
Yurii MARUSHCHYN
Keyword(s):  
Local Governments ◽  
Social Economic ◽  
Potential Effect ◽  
Socially Responsible ◽  
Social Partnership ◽  
Doing Business ◽  
The Social ◽  
Territorial Organization ◽  
To Come ◽  
Further Development

The analysis of the forecast of development of an economic situation in Ukraine is carried out. It is emphasized that the main reason for the lowest rating indicators of GDP per capita among European countries, as well as the lowest positions of world welfare of Ukraine is the main reason, namely — the lack of reforms that would bring our country to a new level. The concept of social partnership and its transformation in the conditions of implementation of the reform of the territorial organization of power on the basis of decentralization are considered. It is established that due to the start of the reform of the territorial organization of power and financial decentralization, a new innovative mechanism in the interaction of the parties to the social partnership is being created. The main stimulus is financial decentralization, which has «lowered» financial resources to the level of communities and made it possible to launch a real stage of transformation, when local governments become more in demand. The vast majority of public services are now outsourced, placing the responsibility for the result on local communities, which in turn promotes the activity of the residents of these communities. It is also pointed out that business in the current environment must prove itself from a new angle: to become more socially responsible, because the new system of tax redistribution encourages «pure play». This system must now be in the hands of everyone: the state, business, citizens. In addition, it is highlighted that the most powerful factor in the development of social partnership is the formation of a favorable climate for doing business. That is why now the political leadership of Ukraine is actively urging new investors to come and invest in our economy. At the same time, it is emphasized that another indicator of the completion of decentralization is the possibility of a new effective dialogue for the development of the institution of social partnership. After all, the residents of the newly formed territorial communities already know and can directly and strongly influence the policy of local authorities, setting their own priorities in the further development of the respective territory. In general, it is noted that the mechanism of social partnership in the system of support of territorial communities in the implementation of the new state policy in the field of local self-government should be based on the interests of residents of territorial communities, based on social, economic and innovative components. In summary, the potential effect of the implementation of the social partnership mechanism is identified.

scholarly journals SPECIFICS OF THE LEGISLATIVE SYSTEM IN THE REIGN OF THE EMPEROR HADRIAN

2021 ◽  
Vol 31 (1) ◽  
pp. 138-143
Author(s):  
G.D. Gabarashvili
Keyword(s):  
Legal System ◽  
The Other ◽  
Roman Law ◽  
Legislative Power ◽  
Patriarchal Family ◽  
The Status ◽  
Legislative Policy ◽  
The One ◽  
Further Development ◽  
Regulation Of Law

The reign of Hadrian (117-138 A.D.) is characterized by important changes in the legal system. This article examines the activities of Hadrian and his lawyers concerning the systematization of the edicts of the praetors and preparation of Edictum perpetuum, a key source for the further development of not only Roman, but also world law. In particular, extracts from the works of Salvius Julianus, Hadrian's leading lawyer, were included in Justinian's Digests. Hadrian's attempts to centralize legislative power in the hands of the Princeps are noted, on the one hand, and the weakening of the influence of lawyers, magistrates, and the Senate on the regulation of law, on the other. The changes in Roman law made by Hadrian, the improvement of the status of freedmen and slaves, and the destruction of the ancient Patriarchal family are indicated. The article analyzes the constitutions of the Princeps, their features and differences from the lawmaking of magistrates, and attempts to summarize the significance of the legislative policy of the Emperor Hadrian.

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