Laws, Organizations, Programs, and Practices

2020 ◽  
pp. 55-58
Author(s):  
Alasdair Roberts
Keyword(s):  
The State ◽  
State Institutions ◽  
Important Type ◽  
Basic Law ◽  
General Rules ◽  
Informal Practices ◽  
Definition Of ◽  
Type Of Institution ◽  
Modern Era

This chapter assesses state institutions. Much scholarly effort has been invested in the definition of institution; some definitions are quite abstract. There is nothing wrong with such definitions, but as one scholar has observed, they might be “a little too general to be terribly helpful.” Four particular kinds of institutions are of interest when one discusses the architecture of the state. The first are laws. These are general rules of conduct that dictate how people and organizations inside and outside of the state should behave. One variant is constitutional or basic law, which provides the framework for the operation of the state. Another variant is statute law, which typically consists of rules generated by legislative assemblies. A third variant is subordinate legislation, which usually consists of regulations or rules made by executives and bureaucrats under authority granted by statutes. Organizations make up the second form of institution that is critical to the architecture of modern states. Organizations are responsible for implementing programs, a third important type of institution in the modern era. Lastly, there are informal practices that are so firmly established that they can be counted as institutions, even though these practices may not be recognized in law and may even be inconsistent with law.

General Theoretical Analysis of the Mechanism of Legal Tax Regulation

2019 ◽  
Vol 10 (7) ◽  
pp. 2077
Author(s):  
Kateryna O. PLOTNIKOVA ◽  
Ievgeniia A. ANANIEVA ◽  
Dmytro M. OSYPOV ◽  
Victoriia O. ZAKRYNYTSKA ◽  
Natalia O. MAKSYMENKO
Keyword(s):  
Theoretical Analysis ◽  
Detailed Analysis ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
The State ◽  
Basic Law ◽  
The Moment ◽  
Definition Of ◽  
Tax Regulation

The research is devoted to the detailed analysis of the mechanism of legal tax regulation. The study has found that the mechanism of legal tax regulation is primarily related to the legal regulation of tax debt to ensure its proper execution. Full and timely payment of taxes or fees is meant by proper execution. The implementation of tax debt is defined both in the Basic Law of the state, where the emphasis is placed on the imperative requirement for timely payment of taxes and fees in full, and in the Tax code of Ukraine, which establishes the definition of tax debt as the taxpayer's obligation to calculate, declare and / or pay the amount of tax and fee in the manner and terms determined by the Tax code of Ukraine, customs laws. The analysis of the legislation and the scientific literature has revealed that the most important issue on taxes and fees payment regulation is the establishment of the moment from which the obligation for tax payment arises. Having rights and obligations for a person is another important factor if he becomes a participant in tax relations. The mechanism of legal tax regulation is a set of elements, which are defined in the Tax Code of Ukraine and in accordance with it are divided into basic, additional and optional. The mechanism of legal tax regulation is possible only as a set of basic and additional elements. The absence of at least one of the elements will not allow to legislate a separate tax or levy. The study provides a comprehensive analysis of each element of the tax mechanism.

scholarly journals THE PROBLEM OF SOVEREIGNTY IN THE MACROHISTORICAL POLITICAL PERSPECTIVE

2019 ◽  
Keyword(s):  
System Analysis ◽  
World System ◽  
The State ◽  
Special Role ◽  
Historical Process ◽  
State Institutions ◽  
Theoretical Approaches ◽  
Political Theories ◽  
Modern Era

The article analyzes the macrohistorical perspective of the study of sovereignty in the framework of political theory represented by a world-system analysis, the war-taxation theory of the state and political Marxism. The relevance of the approach proposed by macro-political theories for studying the current state of sovereignty is considered. The theoretical prerequisites for the formation of these theories are investigated, which were caused by the search for fundamentally new approaches in the 1970s. in analysis of modern political and state institutions, attention is focused on the influence of the creative heritage of M. Weber in the process of conceptualization of macrohistorical political theories. The basic theoretical approaches of world-system analysis (I. Wallerstein, J. Arrigi), the war-taxation theory of the state (Ch. Tilly, W. McNeill, M. Mann) and political Marxism (R. Brenner, P. Anderson, B. Teschke) to the process of formation and development of states during the Modern era are analyzed. In this article the problem of sovereignty is examined through an analysis of the prerequisites for the formation of basic state institutions in a historical perspective, which is the main approach of macrohistorical political theories. It is revealed that, despite the differences in approaches, the world-system analysis and the war-taxation theory of the state can be compared as the external and internal contours of the sovereignty problems in the historical process of the formation and development of European states during the Modern era, special attention is paid to the role of economically determined social transformations of Modern era in the framework of the theoretical approach that is offered by political Marxism. The similarities are noted in the approaches of the analyzed theories to the process of formation of modern type of states, which are specified in the following positions: modern type of states as a unique phenomenon in Western Europe, the special role of capitalism in the process of socio-political and economic transformations of Modern era, a successful configuration of factors in the historical process that led to the emergence nation state, achieving a balance between the interests of diverse groups, structural socio-political and economic changes as a response to external and internal challenges, the interdisciplinary nature of theories.

scholarly journals The Concept Of Solidarity As A Factor In The Realization Of Human And Civil Rights And Freedoms In Ukraine

2021 ◽  
pp. 109-119
Author(s):  
O.S. Shevchenko
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Common Good ◽  
Social Insurance ◽  
The State ◽  
Fundamental Rights ◽  
Basic Law ◽  
The People ◽  
Definition Of ◽  
The Individual

The article is devoted to the study of the role and significance of guarantees of individual rights and freedoms in Ukraine. The author defines that they are important factors in the economic, political, legal, cultural and other spheres of society that create conditions for the real possibility of exercising the rights and freedoms of the individual. The concept of solidarity excludes the idea of class struggle, the revolutionary path of development of society. According to this concept, the focus is on the social nature of the state: socio-economic, cultural, environmental rights of citizens are ensured with the participation of the state, which pursues an active socio-economic policy aimed at redistribution of funds for the most vulnerable, employment, social insurance, development affordable education, health care, etc. Guarantees for the realization of human and civil rights, freedoms and responsibilities can be described as a system of conditions and means that together ensure the exercise of constitutional human and civil rights, freedoms and responsibilities. The effectiveness of this system depends on various factors, but the main among them is the presence of certain elements in the system of government. These include: a) the existence of the Basic Law, the effect of which cannot be terminated arbitrarily; b) the definition of state power derived from the power of the people and the Constitution; c) consolidation at the constitutional level of fundamental rights, freedoms and responsibilities of man and citizen and the means and conditions of their exercise; d) the existence of an independent judiciary; e) the opportunity to protect their rights with the Commissioner for Human Rights of the Verkhovna Rada of Ukraine and in international human rights organizations. It is also proposed to solve certain issues of realization of human rights and freedoms in Ukraine through the implementation of the concept of solidarity - the principle of building a social system in which its members (citizens, families, ethnic groups, religious denominations, social groups, political parties, business corporations, etc.) have a real legal and socio-political subjectivity , on the basis of which their rights, opportunities and interests can be consolidated and solidified in order to achieve consensus goals (common good) in social frameworks of different scales (local, national, global).

The relationship between religion and the state: the institution of ‘Commandment of the Faithful’ in Morocco†

2014 ◽  
Vol 7 (1) ◽  
pp. 54-81
Author(s):  
Ahmed Al Khamlichi
Keyword(s):  
Political Authority ◽  
The State ◽  
The Political ◽  
Individual Rights ◽  
Social Unrest ◽  
Absolute Power ◽  
State Institutions ◽  
The Past ◽  
Definition Of ◽  
The Relationship

The term ‘Amir al-Mou'mineen’ (Commander of the Faithful) and ‘caliph’ were first bestowed on Omar Bin al-Khattab who became the successor of the Prophet (Peace be upon him) two-and-a-half years after he passed away. By virtue of the political and religious connotations of the term, the title conveyed overarching political authority – a kind of absolute power. The notion of Commander of the Faithful facilitated oppression of those who held different views, directly or indirectly, through employing fatawa, that is religious interpretations and edicts, in addition to mobilizing religious followers and devotees. This excess of political power is based on the definition of Imarat al-Mu'mineen (Commandment of the Faithful) or the Caliphate common in religious jurisprudence. This definition was coined by Ibn Khaldoun, and may be translated as: ‘making people abide by the view of Shar (the Law of God in Islam) regarding their temporal and afterlife interests’. Morocco has been no different from the rest of the Islamic world over the centuries, and now two distinct phenomena are apparent. First, the emergence of different groups, each with its own ideology and claims to be defending religion and pursuing its implementation. Such groups consider all other ways of thinking as apostasy that must be eliminated; while juxtaposed to them, there exist intellectual currents calling for the continued separation of religion and the state and its laws. During the past two decades this phenomenon has led to tragic situations in a considerable number of Islamic states, whose prospects now seem very gloomy. Second, a tight regulation of state institutions, together with constitutional guarantees of individual rights and freedoms, can prevent the manipulation of the state in the name of religion, and its use for tyranny and the oppression of individuals and minorities, be it in the name of Commandment of the Faithful or any other term. It seems that Morocco is aware of the power of these two phenomena, especially after it faced social unrest in 1992 and 2001, which almost destroyed its stability.

PUBLIC SECURITY – OBJECT OF POLICE PROTECTION

2016 ◽  
Vol 1 (74) ◽  
pp. 17
Author(s):  
Aleksandrs Matvejevs
Keyword(s):  
The State ◽  
The Other ◽  
Public Security ◽  
Public Realm ◽  
State Institutions ◽  
The Public ◽  
Sense Of Security ◽  
Police Protection ◽  
The One ◽  
Definition Of

The analysis of the notion ‘public security’ reveals its two parts: 1) conditions where there is no threat to an individual, society or state; 2) measures by the state that ensure these conditions and instills in people the sense of security. These elements to a certain extent determine the features and characterize public security as an object of police protection and as a definition of the notion. Public security is based on two elements: 1) public peace when there is peace, cooperation and confidence in safety in the public realm; 2) conditions of protects ability where the state (the police) continuously provides public security and is ready to render help and neutralize any threats. Thereby in the legal reality public security is police legal relations where the subjects are, on the one hand persons, society, state institutions that have a constant need of protection against crimes and other offences and, on the other hand, the state whose task is to ensure the protection stated in the legislation via competent institutions.

scholarly journals Crime as the main negative factor in building the rule of law: to define the concept, essence and signs

2021 ◽  
Vol 1 (1) ◽  
pp. 189-193
Author(s):  
Andriy Kovalenko
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Destructive Effect ◽  
The Rule Of Law ◽  
State Institutions ◽  
Negative Factor ◽  
Legal Literature ◽  
Current Characteristics ◽  
The One ◽  
Definition Of

The article analyzes the concept, essence and features of crime as a destructive factor in the development of the rule of law in Ukraine. It is established that the concept of the rule of law covers the obligation of the state to guarantee the rights and freedoms of man and citizen determined by law, guided by the principle of the rule of law exclusively in the interests of citizens. It is further argued that the concept of the rule of law also covers the obligation of the state (in the form of its institutions) to ensure and create appropriate conditions for the equal use of all rights and freedoms by all citizens and individuals. It is argued that the determinants of crime, which simultaneously act as its features, have a destructive effect directly on the foundations of statehood, which negatively affects the functioning of all state institutions and their ability to further develop in the fight against external destructive factors. The author presents an approach to the definition of signs of crime, which consists in the fact that among the most accurate and detailed signs of crime in the legal literature are such as: «illegality», «systematic», «mass». It is found out, on the basis of the analyzed positions of scientists, that the interconnectedness of the destructive influence of crime as a social manifestation with the process of building the rule of law in Ukraine is due to the fact that the main object of criminal encroachment is the basic characteristic of the rule of law (requires on the one hand proper support, and on the other-counteraction to destructive factors). The positions presented in the article emphasize that modern crime, taking into account the peculiarities of its structure, growth and elements of the system, as well as other current characteristics, poses a major threat to the stable and consistent development of democracy in Ukraine, which is a guarantee and one on the necessary conditions for the establishment of the rule of law in Ukraine. Emphasis is also placed on the fact that the prospect of further scientific study of this topic is to determine measures to optimize the mechanism for responding to crime in the context of ensuring the rule of law in Ukraine.

scholarly journals Działalność gospodarcza w polskich przepisach legislacyjnych

2018 ◽  
Vol 22 ◽  
pp. 47-61
Author(s):  
Tomasz Słapczyński
Keyword(s):  
Economic Activity ◽  
Civil Law ◽  
The State ◽  
Private Law ◽  
State Institutions ◽  
Property Relations ◽  
Economic Law ◽  
Problematic Issue ◽  
The Law ◽  
Definition Of

DEFINITION OF ECONOMIC ACTIVITY IN POLAND IN THE ADMINISTRATIVE AND CIVIL LAW ASPECTS - INTERPRETATIONS AND COLLISIONS OF THE STATUATORY DEFINITIONSThe doctrine distinguishes between two kinds of economic law, economic law, typicallyadministrative law and private economic law regulating civil-law relations. Both divisionsof law are interlinked because they regulate the functioning of economic entities in the wholecountry. Private law in this respect regulates property relations of entities of law-entrepreneurs who are entitled to autonomy in legal trade and are entities on the basis of equality. Public law regulates the relationship of subordinate sovereignty, administrative subordination, exercised by the state. The law of business is undoubtedly part of the public economic law, regulates the existence of an entrepreneur, and relations between entrepreneurs are the domain of private law. A company operating on the market must fulfill a number of statutory requirements and act in accordance with the law. It has a number of obligations for the State but also for other entities operating in the economy. As mentioned, an enterprise or an entrepreneur is obliged to fulfill the obligations imposed on them. Polish legislation is not uniform, as to the definition of entrepreneur and business, every department of law, and even some of the laws within the same law department, use a different definition of economic activity. Therefore, it is very important for an entrepreneur operating in Poland to check whether his activity is an economic activity in connection with the regulations contained in a specific law that may be in force. This is a very problematic issue, although the definitions in the various laws are similar, but they are not identical, which complicates the business, through heterogeneous and complex legislation that puts businesses in uneven light between many state institutions that impose obligations. To entrepreneurs. The work attempts to systematize the definition of an entrepreneur in Polish legal regulations, highlight the differences in individual laws and the consequences of that.

The Nation State Law and the Arabic Language in Israel: Downgrading, Replicating or Upgrading?

2021 ◽  
Vol 54 (2) ◽  
pp. 263-285
Author(s):  
Mohammed S Wattad
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Arabic Language ◽  
The State ◽  
Nation State ◽  
Official Language ◽  
State Law ◽  
State Institutions ◽  
Basic Law ◽  
The Status

Article 4 of the Nation State Law (NSL), entitled ‘Languages’, stipulates that Hebrew is the language of the state (Article 4(a)); the Arabic language has a special status in the state and regulating the use of Arabic in or by state institutions will be set in law (Article 4(b)); and this clause does not harm the status given to the Arabic language before the law came into effect (Article 4(c), the ‘validity of laws’ clause). The question is whether, how, and to what extent these provisions hinder the present legal status of the Arabic language in Israel. The legal status of Arabic had never been determined decisively before enactment of the NSL. The High Court of Israel has always been divided on this matter, particularly between judges who perceived Arabic as an official language and judges who deemed it solely as having been granted its acknowledged ‘special legal status’. Furthermore, the judges who perceived Arabic as an official language of the state were also in dispute among themselves as to the meaning, the scope and the consequences of such recognition. Considering these circumstances, my view is that the NSL perpetuates the legal status of Arabic as prescribed in the laws and case law that already existed, and that the validity of laws clause, coupled with the special status granted to Arabic in a basic law, suggests that the door is still open for the Court to further endorse the legal status of Arabic in Israel.

scholarly journals THE POLITICAL VERSUS THE STATE? THE RELEVANCE OF CARL SCHMITT’S CONCEPT OF THE POLITICAL

2021 ◽  
pp. 268-283
Author(s):  
Tihomir Cipek
Keyword(s):  
The State ◽  
Carl Schmitt ◽  
New Right ◽  
The Political ◽  
Right Wing ◽  
State Institutions ◽  
Illiberal Democracy ◽  
Political Unity ◽  
Democratic State ◽  
Definition Of

Abstract. The aim of the article is to examine the relationship between the state, democracy and the Carl Schimitt’s concept of the political. That is going to be done by reconstructing the concepts of Schmitt’s political theory and finding out whether they can be used to explain the ideology of the new right-wing populism and illiberal democracy. As it turns out, the Schmitt’s reduction of the political to the friend/enemy antagonism makes the core of the illiberal democracies’ ruling narrative. The Schimtt’s understanding of the political doesn’t defend the state as a political space but by cancelling of the liberal elements of democracy ruins the state institutions. The analysis shows that Schmitt’s notion of the political cannot be used to build effective democratic state institutions. Namely, in his definition of the political, politics actually exists only on the outwards, towards some other nation, some other political unity, but not within the state itself. Keywords: state, the political, Carl Schmitt, illiberal democracy

Eurasian Economic Union: A sober look

2016 ◽  
pp. 43-60 ◽  
Author(s):  
E. Vinokurov
Keyword(s):  
The State ◽  
Customs Union ◽  
Macroeconomic Policies ◽  
Member States ◽  
Goods And Services ◽  
Eurasian Economic Union ◽  
Ongoing Work ◽  
General Rules ◽  
Economic Union ◽  
Trade And Investment

The paper appraises current progress in establishing the Customs Union and the Eurasian Economic Union (EAEU). Although the progress has slowed down after the initial rapid advancement, the Union is better viewed not as an exception from the general rules of regional economic integration but rather as one of the functioning customs unions with its successes and stumbling blocs. The paper reviews the state of Eurasian institutions, the establishment of the single market of goods and services, the situation with mutual trade and investment flows among the member states, the ongoing work on the liquidation/unification of non-tariff barriers, the problems of the efficient coordination of macroeconomic policies, progress towards establishing an EAEU network of free trade areas with partners around the world, the state of the common labor market, and the dynamics of public opinion on Eurasian integration in the five member states.

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