scholarly journals Consultation between central and local authorities in financial matters in Serbia

2021 ◽  
Vol 55 (1) ◽  
pp. 113-128
Author(s):  
Slobodan Orlović ◽  
Nataša Rajić

Financial autonomy is of crucial importance for the political automony within the vertical organisation of power. Local level of government seems to be in the most vunerable position, bearing in mind the flexibility of the constitutional framework in this area. The communication between different levels of government is an useful tool in searching for a balans between local needs and needs of public financial sector as a whole. The subject of this paper is the existance of normative and institutional preconditions for integovernmental dialogue between central and local levels of government in the Republic of Serbia. This question had been put into the wider social and political context which include the constitutional position of local self-government, the type of eceltoral system on the both levels as well as the degree of constitutional and political culture in our society. The results of research show that there are normative and institutional preconditions for intergovernmental dialogue in the constitutional system of the Republic of Serbia, but, in reality, there is still much space for developing of a such kind of cooperation.

2021 ◽  
Author(s):  
Nadejda Cara ◽  

The article presents some research approaches to the fairy-tale folklore of Bulgarians from the Republic of Moldova. According to the author, the fairy-tales texts of Bulgarians from the Republic of Moldova, their semantic, symbolic, and structural features should be researched as a local (regional) variant of Bulgarian folklore. Identification of ethnocultural markers in the fairy-tales of local Bulgarians on some different levels (such as on the subject, ethno-social and spiritual (church-religious) level) will allow to identify some peculiarities in the adaptation process of Bulgarians that migrated to a new ethnocultural zone, as well as to identify the level of preservation of basic ethnic mentality under the conditions of new “mental environment”. Thus, the study of regional ethnic culture is an interdisciplinary research, which allows discovering how localization in time and space affects ethnic culture, in general, and oral folk art, in particular.


Author(s):  
Michał Mistygacz

The issue analysed by the author is that of the institution of Presidential immunity pertaining to the President of the Republic of Poland, and operating in such a way that a sitting President cannot be held criminally liable before a common court for acts tantamount to offences. Inclining towards the essence of this solution and its consequences when it comes to respect for constitutional principles of legalism and equality before the law, the author at the same time seeks to assess the completeness of the provisions in effect in Poland, in so doing identifying a lack of clear directives as to how a former President (i.e. one who has left office) is to be held criminally liable. The conclusion reached by the author can be said to boil down to a recognition that the liability of a former President before Poland’s Tribunal of State for offences or crimes committed is of an accessory nature where common courts are concerned, with the condition underpinning recognition of the Tribunal’s primacy in matters of jurisdiction being the National Assembly’s adoption of a Resolution holding a former President liable constitutionally, and potentially at the same time initiating action in respect of given offences. Any lack of such a National Assembly Resolution must give rise to a particular kind of reactivation – in respect of the former President – of jurisdiction in the dispensing of justice by common courts, given the fact that one of the negative procedural premises has ceased to be non-applicable. Thus, unlike in the case of a President still holding office, the cognition of the Tribunal of State in relation to a former President is neither exclusive nor automatic. Such observations have also stimulated work by the author to develop de lege ferenda postulates regarding the subject matter, as set against the wider background of Poland’s political and constitutional system.


Author(s):  
Анастасія Олегівна Васильченко ◽  
Сергій Олександрович Дем'янов

Problem statement. One of the important tasks of sustainable development of tourism activities at the regional and local levels, as well as for more detailed development of the state's tourism policy, requires a comprehensive assessment of the tourist and recreational potential at the local level. The purpose of article is to assess the tourism and recreation potential of the administrative districts of the Brest region in the context of sustainable tourism development. The subject of the research is the tourist and recreational infrastructure of the Brest region. The hypothesis of the research is to find ways of economic and geographical assessment of the tourist and recreational potential of the Brest region in the context of the center -peripheral model. Presentation of the main material. A theoretical analysis of the methodology for assessing the tourist and recreational potential of the region in the context of sustainable tourism development is carried out. It is proved that not only indicators and indicators, but also tourist and recreational potential are important for determining the strategic foundations of sustainable development of the region. The analysis and score assessment of historical, cultural, recreational potential and the level of development of tourist infrastructure is carried out. A typology of districts based on the center -peripheral model and the level of development of tourist infrastructure has been developed. The conclusions of the study are to highlight the economic and geographical features of the development of the administrative districts of the Brest region.


Author(s):  
Alexandru Stratan ◽  
Tatiana Manole

Actuality of the research resides in the application for the first time in the Republic of Moldova of the program and performance based budgeting (PPBB) at the local level. The aim of the article is to evaluate PPBB and its influence on the responsibility of the local authorities and improving the use of public money. The research methodology is based on the calculations of the correlation reports between different local budget indicators. The results present that the level of financial autonomy depends on the financial possibilities of the administrative-territorial entities. Thus, there is required to supplement the revenues by detecting domestic reserves and their use by the local administration.


Author(s):  
Stefan Andonović

The subject of this paper is determination of the legal nature of the Commissioner for the Protection of Equality in legal system of the Republic of Serbia. The specific position and role in the legal system is examined from the perspective and methods of administrative law. Special attention is paid to the analysis of the legal nature of the Commissioner’s acts in the framework of his powers. Also, the paper analzyed certain issues related to the procedure before the Commissioner, as well as the connection between this procedure and the general administrative procedure. Based on the analysis of the legal position, the legal acts of the Commissioner, and the constitutional system of division of power, the author concludes that the Commissioner’s legal nature in the Republic of Serbia is predominantly administrative-legal.


Author(s):  
Marina V. Sharueva ◽  

The article analyses modern legal methods used by the post- Soviet states to improve the performance of local representative bodies of self-government. The experience of the Republic of Moldova and the Russian Federation in the period after gaining their independence (1991) is used as an example. The author reimagines the formation of the Russian and Moldovan systems of local government, thus showing that the process was attended by a radical breakdown of the former command and administrative structures and by the widespread introduction, too hasty at times, of new forms of the state power and governance, specifically, at the local level. The article delves into the successful and unsuccessful attempts of the Moldovan and Russian leadership to increase the performance of local representative authorities. In particular, the author focuses on identifying, systematizing and conducting a comprehensive analysis of the typical for the post-Soviet states conflicts between different levels of the power and administration, which the author believes are primarily caused by the distribution of power and the management of financial resources. Finally, the author attempts to put in perspective the prospects for the development and performance increase of local representative bodies in Moldova and Russia in the wake of the recent global crisis trends.


2021 ◽  
Vol 7 (2) ◽  
pp. 122
Author(s):  
Sergey A. Denisov

The article describes the object, subject, main properties, tasks and functions of the science "constitutional innovation". It is a science that studies the implementation of constitutional ideas developed by political philosophy in the life of society. This implementation is carried out throughout the world, in individual countries and at the local level. Based on the subject of the study, the structure of the science "constitutional innovation" is described. Within it, a general theory is distinguished, which studies the laws of the transition of the world and individual countries from the pre-constitutional system to the constitutional one. She answers questions about the possibility of transition of all countries of the world to constitutionalism, about the ways of this transition. In the course of the movement towards constitutionalism, there is usually a stage of imitation of the constitutional system. Part of constitutional innovation should be constitutional deviantology, which studies deviations from the ideals of constitutionalism, the factors that cause them. The General theory develops methods of cognition of this world process. According to the author, the study of the subject of research should be based on dialectics, a materialistic approach using the ideas of Enlightenment, modernization theories, democratic transit, diffusion theory, and conflict theory. Constitutional innovation includes the history of the world's movement towards constitutionalism. On the basis of the known regularities, forecasts of the constitutionalization of the world and individual countries are built. Constitutional innovation performs applied tasks. It helps supporters of constitutionalism to form programs for the promotion of constitutional ideas in the life of society. A separate area of research is the introduction of constitutional ideas through international relations. Constitutional countries are trying to build the whole world in their own image. Science evaluates the effectiveness of the measures applied.


Gipan ◽  
2019 ◽  
Vol 4 ◽  
pp. 117-141
Author(s):  
Bhim Narayan Regmi

Nepal has 123 languages within six families of spoken languages and a sign language. She has federal administrative structure and three levels of government. There is no majority language at national level. Nepali is the only majority language at province level with majority in 4 among the 7 provinces, and 21 majority languages at local level. The distribution of languages in terms of mother tongue speakers varies considerably among the different levels – national, province and local – as well as among the different units of the same level – among the provinces and among the local levels. According to the provision in the prevalent constitution, one or more majority language(s) spoken as mother tongue in a province can be additional official language of the province provided by the particular province through province law. This paper looks at the language data at different levels and concludes that the province is not the appropriate unit for use of additional official language in terms of cost effectiveness and inclusiveness, instead local level is the appropriate unit. Thus it suggests to consider local level as the unit of implementation and include the languages above 25% mother tongue speakers in the local level for the additional official language.


“We regard the recent science –based consensual reports that climate change is, to a large extend, caused by human activities that emit green houses as tenable, Such activities range from air traffic, with a global reach over industrial belts and urban conglomerations to local small, scale energy use for heating homes and mowing lawns. This means that effective climate strategies inevitably also require action all the way from global to local levels. Since the majority of those activities originate at the local level and involve individual action, however, climate strategies must literally begin at home to hit home.”


2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.


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