Journal articles on the topic 'Constituent powers'
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1
Nobles, Richard, and David Schiff. "Civil disobedience and constituent power." International Journal of Law in Context 11, no. 4 (November 2, 2015): 462–80. http://dx.doi.org/10.1017/s1744552315000300.
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AbstractThis paper uses the example of civil disobedience to explore Luhmann's description of the constitution as structural coupling between law and politics. Civil disobedience highlights the paradox of constituent and constituted power. The claims made for constituent power provide a basis for challenging the current configuration and expression of constituted power. This paradox is first avoided in the legal system through that system's inability to recognise a legal right to disobey law. In turn, a political system that has, under conditions of modernity, increasingly second coded power as legality, has an ever decreasing capacity to include communications that acknowledge a right to disobey law. Civil disobedience is only able to operate within the political system in the form of protest, and is accommodated through the exercise of discretionary powers. However, juridification of those powers has the capacity to threaten this accommodation.
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Niesen, Peter. "Two Cheers for Lost Sovereignty Referendums: Campaigns for Independence and the Pouvoir Constituant Mixte." German Law Journal 23, no. 1 (February 2022): 44–55. http://dx.doi.org/10.1017/glj.2022.7.
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AbstractIn this article, I bring together three recent ideas from political theory and constitutional law. The first is the notion developed by Jürgen Habermas and Markus Patberg of a pouvoir constituant mixte. Complex polities such as supra-state federations should be understood as constitutional entities that combine two or more authorizing subjects. The default “mixed” conception is that of dual sovereignty, split between the federations’ member collectives and member individuals. The second idea is that of Stephen Tierney, that sub-state national societies should be seen as involved in struggles over constituent power. The third is the idea and practice of sovereignty referendums, which I illustrate by looking at the 2017 Catalonia independence referendum. I contend that, at a minimum, sovereignty referendums, especially lost ones, should be understood as strategies to bring about, shift or complement constituent powers, in achieving compound or mixed sovereignty. Finally, I venture into some ideas about the criteria of legitimacy for such endeavors, in distinguishing the activation of constituent powers from their articulation and exercise.
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Atria, Fernando. "Constituent Moment, Constituted Powers in Chile." Law and Critique 31, no. 1 (March 24, 2020): 51–58. http://dx.doi.org/10.1007/s10978-020-09258-8.
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Berchenko, Hryhorii, and Serhii Fedchyshyn. "CONSTITUENT POWER: THE THEORY AN D PRACTICE OF ITS IMPLEMENTATION IN UKRAINE." Russian Law Journal 6, no. 4 (November 1, 2018): 37–61. http://dx.doi.org/10.17589/2309-8678-2018-6-4-37-61.
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The article researches the phenomenon of constituent power as a theoretical concept and the practice of its implementation in Ukraine. Constituent power is associated with the process of adopting a constitution and making amendments to it. A distinction is made between primary and institutional constituent powers. The constituent nature of the Constitution of Ukraine in the interpretation of the Constitutional Court of Ukraine is analyzed. The reasons why the Law “On an All-Ukrainian Referendum” was held invalid with regard to the constituent power of the people is considered. There is an inconsistency in the primary and institutional constituent powers’ interpretation of amendments to the Constitution of Ukraine. The constitutional reform of 2004, the interference with this reform by the Constitutional Court of Ukraine in 2010 and its return by the parliament in 2014 are examined from the standpoint of the constituent power concept. It is concluded that a new constitutional reform, which would provide a clean slate, could be an acceptable solution in Ukraine. In the future, the text of the reformed Constitution should provide for clear mechanisms for amending the Constitution of Ukraine and the adoption of a new Constitution, which would necessarily include procedures for popular legitimacy.
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Pohoryelova, Z. O. "Parliamentarism, people’s sovereignty and the legislative authority: problems of relationships." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 31–37. http://dx.doi.org/10.24144/2307-3322.2021.65.5.
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The article examines the historical relationship of people’s sovereignty with parliamentarism, with the constituent power and legislative activity, which allows a better understanding of the essence, specifics and boundaries of both the constituent power and legislative activity, as well as its derivative legislative activity. The development of the idea of popular representation and its reflection in the doctrine of democracy can be traced. The phenomenon of parliamentarism in the modern world as a system of political organization of the state is studied, in which the parliament, due to the fact that it is the highest body of popular representation, as elected directly by all people and, therefore, designed to express the sovereign will of all authorities. The scope, limits, and procedure for exercising the sovereign power of the people, including the exercise of legislative and constituent power directly by the people, the peculiarities of adopting the constitution, amending it by a referendum or constituent assembly or parliament, the possibilities and features of the people’s exercise of legislative initiative, the power of parliament to exercise constituent and legislative power. The special role of the current Constitution and the procedures established by it in the exercise of the power delegated by the people by the parliament is emphasized. Some constitutional constituent powers of the parliament are analyzed (appointment of an all-Ukrainian referendum, appointment of the President of Ukraine, appointment of the Prime Minister of Ukraine and a number of ministers and other officials, resignation of the Prime Minister of Ukraine, members of the Cabinet of Ministers Ukraine and others), implementation by the parliament of budgetary, control, ceremonial powers. Particular attention is paid to one of the most important tasks of the parliament - to exercise legislative power, in accordance with the constitutional principle of separation of powers, enshrined in Article 6 of the Constitution of Ukraine. The direct connection and dependence of the legislative powers on the legislative power of the parliament is emphasized.
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Paine, Thomas. "ANSWER TO FOUR QUESTIONS ON THE LEGISLATIVE AND EXECUTIVE POWERS." E-Legis - Revista Eletrônica do Programa de Pós-Graduação da Câmara dos Deputados 13, no. 33 (August 24, 2020): 277–89. http://dx.doi.org/10.51206/e-legis.v13i33.619.
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Thomas Paine, answering, supposedly, to Condorcet, about institutional definitions proposed to French Constitution, after the Revolution. He deals with themes as division and balance of powers; constitutional control; Legislature institutional organization; hereditary monarchy; constituent power and legislative power; constitutional reform.
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Arato, Andrew. "Democratic constitution-making and unfreezing the Turkish process." Philosophy & Social Criticism 36, no. 3-4 (March 2010): 473–87. http://dx.doi.org/10.1177/0191453709358543.
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This short article will seek to explore the causes, and possible solutions, of what seems to be the current freezing of the Turkish constitution-making process that has had some dramatic successes in the 1990s and early 2000s. I make the strong claim that democratic legitimacy or constituent authority should not be reduced either to any mode of power, even popular power, or to mere legality. It is these types of reduction that I find especially troubling in recent Turkish constitutional struggles, where the legal claims of two powers — the government-controlled legislative and the judicial branches — to structure the constitution are not backed by sufficient political legitimacy. In effect these two powers that claim their constituent authorization, rather implausibly in my view, from either the democratic electorate or from an original constituent power, because of their conflict threaten to freeze the constitution-making process that very much needs to be continued and concluded. I end the article by making a suggestion for one possible constitution-making procedure that would be both legitimate and legal.
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Fathally, Jabeur. "Des Pouvoirs Souverains des Assemblées Constituantes Post-Révolutions : Réflexion à Partir du Cas de L'assemblée Constituante Tunisienne (ANC)." African Journal of International and Comparative Law 27, no. 2 (May 2019): 246–67. http://dx.doi.org/10.3366/ajicl.2019.0271.
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The experience of Tunisia's Constituent Assembly has raised important constitutional questions regarding the assembly's powers, and has provoked a dispute both political and doctrinal between two opposing constitutionalist discourses. One discourse would like to attribute to the Assembly an ‘original’ and absolute power, thereby exempting it from an obligation to respect a pre-Constitution road map and to ‘prepare’ the constitution within a one-year deadline; the other contests the Assembly's very legitimacy following the deadline's expiration, arguing that the real constituent power belongs to the people. In referring to multiple constitutional experiences, the present article will seek to the find a middle ground between these opposing views, and argue that the Assembly does not have a constituent power; rather, the Assembly has an inherent constituting competence that is limited by pre-constituent moral obligations, and especially by the peremptory norms of international law.
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Нанба, Сария, and Sariya Nanba. "Redistribution of Powers: Interrelation of Federal and Regional Regulation." Journal of Russian Law 4, no. 6 (May 30, 2016): 0. http://dx.doi.org/10.12737/19763.
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The article investigates the conceptual foundations of local self-government in the Russian Federation. The article analyzes the current status of the legislation on local self-government. The author analyzes in retrospective the limits of participation of the Russian Federation’s constituent entities with regard to local government. A peculiar feature of local government is the expansion of the powers of public authorities of the constituent entities of the Russian Federation in regulating the issues of local self-government organization. The article analyzes the legal nature of the redistribution of powers, provides classification of the redistributed powers. The author studies the laws of the Russian Federation governing the redistribution of powers. The author reveals the tendency of the transfer to the regional level of powers, which traditionally deal with local matters. These include the powers to address issues of local importance in organizing funeral services and burial places, disposal and recycling of household and industrial waste, organizing of transport services, forest monitoring, land use planning, and others.
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Eckes, Christina. "Controlling the Most Dangerous Branchfrom Afar: Multilayered Counter-Terrorist Policies and the European Judiciary." European Journal of Risk Regulation 2, no. 4 (December 2011): 505–22. http://dx.doi.org/10.1017/s1867299x00006589.
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Counter-terrorist sanctions against private individuals adopted by the EU and by the UN are an exceptionally illustrative example of the executive’s power grasp, where the dangers of counter-terrorist policies and of externalized rulemaking have mutually reinforced each other. This article (re-)considers the role of the judiciary in the face of extreme exercise of externalized executive powers, demonstrates that multilayered governance has extended the powers of courts, shows that the justified exercise of judicial power has led the EU institutions and the Member States into a self-inflicted catch-22, and makes an argument that the extended powers of the executive and of the judiciary should be contained and guided by a principled choice of the constituent power. Constitutional law should require the judiciary to take a substantive approach to multilayered governance that reflects the principle of separation of powers.
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Allani, Alaya. "The post-revolution Tunisian Constituent Assembly:controversy over powers and prerogatives." Journal of North African Studies 18, no. 1 (January 2013): 131–40. http://dx.doi.org/10.1080/13629387.2012.713590.
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Rudenko, Artem V. "WITH REGARD TO THE QUESTION OF COMPLIANCE WITH THE PRINCIPLE OF LEGALITY IN ESTABLISHING ADMINISTRATIVE LIABILITY FOR FAILURE TO IMPLEMENT DECISIONS OF THE RUSSIAN FEDERATION’S COUNTER-TERRORISM BODIES." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 82–92. http://dx.doi.org/10.17223/22253513/39/7.
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The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».
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Dahl, Adam. "Self-Determination between World and Nation." Comparative Studies of South Asia, Africa and the Middle East 40, no. 3 (December 1, 2020): 613–21. http://dx.doi.org/10.1215/1089201x-8747581.
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Abstract Rejecting the rigid dichotomy between anticolonial nationalism and postnational solidarity, Adom Getachew's Worldmaking after Empire argues that anticolonial leaders in the Caribbean and Africa did not outright reject the nation-state in their quest for self-determination. Instead, they internationalized the nation-state through the construction of new constituted powers that linked national sovereignties together in global juridical, political, and economic bodies. This essay explores a neglected question in this account: What were the constituent powers—the underlying sources of authority —that corresponded to these new global institutions? What, in other words, was the constituency of self-determination? Focusing on C. L. R. James and W. E. B. Du Bois, Dahl shows how anticolonial constituencies are at once the referent and effect of claims for self-determination. For James and Du Bois, politically delineating the constituency of self-determination is central to the institutional project of securing nondomination against international hierarchies of empire and enslavement.
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Damm, Irina A., Aleksey N. Tarbagaev, Olga V. Ronzhina, Irina N. Tolstikova, and Evgenii A. Akunchenko. "The prohibition on entering into financial transactions with foreign counterparties and its extension to deputies of regional parliaments." Vestnik of Saint Petersburg University. Law 12, no. 4 (2021): 949–64. http://dx.doi.org/10.21638/spbu14.2021.409.
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The article examines the problems of legal regulation of the prohibition for officials to open and have accounts (deposits), store cash and valuables in foreign banks located outside Russia, own and (or) use foreign financial instruments, associated with the extension of this prohibition to deputies of legislative authorities of the constituent entities of the Russian Federation. Based on the analysis of current federal and regional legislation, the authors have identified various approaches to the formation of a list of public offices at the level of the constituent entities of the Russian Federation. It was also found that the provisions of regional normative legal acts determine the effect of this prohibition in different ways in a circle of persons and often extend it only to those deputies of the legislative (representative) authorities of the constituent entities of the Russian Federation who exercise their powers on an ongoing basis. The existing practice of regional rulemaking contradicts the goals of ensuring the national security of the state, for the achievement of which the considered prohibition was established, since all deputies, regardless of the basis for filling the corresponding position, have equal powers to participate in the activities of the collegial body by implementing law-making initiatives and voting on the agenda of the meeting. The authors come to the conclusion that issues concerning the spread of anti-corruption standards of conduct to certain categories of persons holding government positions in the constituent entities of the Russian Federation cannot be attributed to the subject of joint jurisdiction. In this regard, at the level of federal legislation, it is necessary to provide a provision for the extension of this prohibition to deputies of the legislative authorities of the constituent entities of the Russian Federation who exercise their powers both on a permanent and non-permanent basis.
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Coates, Cameron F. "Cosmic Democracy or Cosmic Monarchy? Empedocles in Plato’s Statesman." Polis: The Journal for Ancient Greek Political Thought 35, no. 2 (September 17, 2018): 418–46. http://dx.doi.org/10.1163/20512996-12340174.
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Abstract Plato’s references to Empedocles in the myth of the Statesman perform a crucial role in the overarching political argument of the dialogue. Empedocles conceives of the cosmos as structured like a democracy, where the constituent powers ‘rule in turn’, sharing the offices of rulership equally via a cyclical exchange of power. In a complex act of philosophical appropriation, Plato takes up Empedocles’ cosmic cycles of rule in order to ‘correct’ them: instead of a democracy in which rule is shared cyclically amongst equal constituents, Plato’s cosmos undergoes cycles of the presence and absence of a single cosmic monarch who possesses ‘kingly epistēmē’. By means of a revision of Empedocles’ democratic cosmology, Plato’s richly woven myth is designed precisely to reject the appropriateness of democracy as a form of human political association and legitimate monarchy in its stead.
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Henderson, Laura M. "Internalizing Contestation in Process-Based Judicial Review." German Law Journal 20, no. 8 (December 2019): 1167–81. http://dx.doi.org/10.1017/glj.2019.81.
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AbstractThe cases challenging the European Stability Mechanism in Eurozone creditor states show the concern courts have with protecting and promoting democratic contestation. This Article shows how John Hart Ely’s theory of process-based review provides the theoretical basis for understanding how attention to democratic contestation contributes to the legitimacy of courts reviewing legislation against constitutional norms. By focusing on promoting democratic procedures, Ely argues that courts can avoid substantive decisions that are best left to the legislature. Yet, as my discussion of the constitutional theory of constituent and constituted powers shows, no form of constituted power can avoid some exercise of constituent power. In other words, even a process-based approach cannot avoid substantive judgments. The legitimacy of these decisions depends on the availability of avenues for contestation in the judicial decision-making process itself.
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Nunes, Alynne Nayara Ferreira, and Rafael Viotti Schlobach. "A extensão do poder constituinte estadual no STF: a jurisprudência da Corte no período militar (1964-85)." Revista de Direito Administrativo 278, no. 3 (December 20, 2019): 185. http://dx.doi.org/10.12660/rda.v278.2019.80835.
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<p>The extent of states’ constitution-making power according to the Brazilian Supreme Federal Court: case-law during the military regime (1964-85)</p><p> </p><p>O presente artigo objetiva examinar a jurisprudência do Supremo Tribunal Federal (STF) acerca dos limites ao poder constituinte estadual, durante o período autoritário e centralizador do regime militar (1964-85). Em seguida, pretendemos comparar os resultados com a jurisprudência atual, sob a vigência da Constituição Federal de 1988, que atribuiu maior autonomia e competências aos estados-membros, segundo a pesquisa de Schlobach (2014). Concluímos que, no período autoritário, o STF adotou jurisprudência restritiva relativa ao âmbito de atuação dos poderes constituintes, ressalvados os ministros Aliomar Baleeiro e Victor Nunes Leal, que se destacaram por ficarem vencidos e por defenderem maior autonomia aos constituintes estaduais. Ao final do regime, o STF desenvolveu argumentos para estimular o federalismo cooperativo, que, no entanto, não foi observado durante o período pós-CF/88, no qual a Corte manteve referências à jurisprudência do período militar.</p><p> </p><p>This article aims to examine the case-law of the Brazilian Supreme Federal Court about the limits to the constituent power of member States during the authoritarian and centralizing military regime (1964-1985). Afterwards, we compared the results with the current case-law, under the Federal Constitution of 1988, which attributed more autonomy and competences to the States, according to the research made by Schlobach (2014). We concluded that, in the authoritarian regime, the Supreme Federal Court developed a restrictive case-law about the scope of action of the States’ constituent powers, except for Justices Aliomar Baleeiro and Victor Nunes Leal, which stood out by their dissenting opinions and their defense of more autonomy to the constituent powers. At the end of the regime, the Supreme Federal Court developed arguments in favor of a cooperative federalism, which was not, however, observed after 1988, period when the Court still referred to the military regime case-law.</p>
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Erne, Jaanika. "Conferral of Powers by States as a Basis of Obligation of International Organisations." Nordic Journal of International Law 78, no. 2 (2009): 177–99. http://dx.doi.org/10.1163/157181009x431749.
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AbstractThe article examines some traditional forms of conferral of powers on international organisations – by international treaties (“common” international treaties and constituent international treaties that can form the basis for further delegation) and for supranational law-making. The main conclusion is that although the agreed norms may be construed in the application processes, the formal determination of powers remains the formal basis of action.
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Kozhevnikov, O. "Constitutional and legal aspects of the execution of the constituent entities’ powers in the field of legislation on administrative offences." Law Enforcement Review 2, no. 3 (December 25, 2018): 43–51. http://dx.doi.org/10.24147/2542-1514.2018.2(3).43-51.
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The subject of the paper is constituent entities’ powers in federative state concerning the establishment of the administrative responsibility for breach regional and municipal rules.The purpose of the paper is to justify the need for new approaches to the delimitation of the constituent entities’ jurisdiction in the field of legislation on administrative offences, up to the allocation of administrative-tort legislation in the exclusive jurisdiction of the Federation.The methodology. General and special scientific methods of cognition were applied: systemic, comparative legal, formal logical. The analysis of legislative and law-enforcement practice of the constituent entities of the Russian Federation, the legal decisions of the Con-stitutional Court of the Russian Federation, is also used.The main results and scope of their application. The constituent entities of the Russian Federation, making legal acts in the field of legislation on administrative offenses, are not always properly take into account the boundaries of their competence in the field of establishment of administrative responsibility for committing administrative offences for breach regional and municipal rules. The compliance of such constituent entities’ authority to es-tablish this type of responsibility with the provisions of art. 19 and 55 of the Russian Con-stitution is very debatable issue. Although Constitutional Court of the Russian Federation in its decisions confirms the constitutional empowerment of the constituent entities with the authority to establish in its laws the administrative responsibility for violation regional and municipal rules, such decisions are controversial. It may be useful to consolidate adminis-trative and tort law in the exclusive jurisdiction of the Russian Federation.Conclusion. The provisions of Federal legislation that let constituent entities of the Russian Federation to establish administrative responsibility for administrative offenses are not fully comply with the constitutional provisions, despite the opinion of the Constitutional Court of the Russian Federation.
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ZANKO, TIGRAN. "Features of constructing systems and structures for executive authorities in the constituent entities of the Russian Federation." Public Administration 23, no. 4 (2021): 14–19. http://dx.doi.org/10.22394/2070-8378-2021-23-4-14-19.
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The article presents a comprehensive analysis of the regulatory framework and features of constructing systems and structures for executive authorities in the constituent entities of the Russian Federation. It also examines the systematization of region-wide trends and approaches, identifying best practices, distortions, and drawbacks in the institutional framework of the regional executive authorities. In the course of the research, the author found an excessive spread of the typology of regional executive authorities in the constituent entities of the Russian Federation, significant variability of regional systems of executive power, a disparate understanding of the essence and role of certain types of executive authorities in the mechanism of public administration. It is noted that the current federal legislation does not provide prerequisites for developing unified systems and structures of regional bodies of executive power, which, in turn, leads to the complication of management processes within the developing unified system of public administration. The author concludes that it is required to establish common approaches to the typology of executive authorities of the constituent entities of the Russian Federation, the standards of their organization, as well as to develop a general list of regional executive powers.
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Evsikova, E. V., and V. L. Ogol. "SOME PROBLEMS OF DRAWING UP THE PROTOCOLS AND ATTRACTION TO THE ADMINISTRATIVE RESPONSIBILITY BY THE FEDERAL AUTHORITY ON THE BASIS OF THE TRANSFER OF AUTHORITIES AND PERSPECTIVES ITS REFORMED." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), no. 2 (2020): 368–82. http://dx.doi.org/10.37279/2413-1733-2020-6-2-368-382.
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The article analyzes and reveals the prerequisites that necessitated a radical processing and reform of the administrative-tort legislation of the Russian Federation, the author studies the Concept of the new Code of the Russian Federation on administrative offenses and substantiates the need to adopt a new Code of the Russian Federation on administrative offenses. The article examines the theoretical and practical problems of bringing to administrative responsibility in the Russian Federation and the constituent entities of the Russian Federation. So, one of the key problems today remains the lack of agreements on the transfer of authority to draw up protocols on administrative offenses that encroach on public order and public safety, provided for by the laws of the constituent entities of the Russian Federation, which are officials of the internal affairs (police) if transfer These powers are provided for by agreements between the federal executive body, which carries out functions for the development and implementation of state policy and legal regulation in the field of internal affairs, and executive authorities of the constituent entities of the Russian Federation on the transfer of the exercise of part of their powers. So, most of the draft agreements have been returned for revision with suggestions and comments, including those related to the absence in the regional legislation of the specifically prescribed powers of regional executive authorities to draw up protocols, the transfer of which is provided for by agreement between the relevant executive authorities of different levels.
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Agapov, Andrey B. "Public Property Authorities." Administrative law and procedure 6 (June 17, 2021): 16–25. http://dx.doi.org/10.18572/2071-1166-2021-6-16-25.
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The content of the powers of possession, use and disposal of public property of the federal government, the President of the Russian Federation, federal executive authorities is investigated. The article considers the prescriptions of the constitutions and charters of the constituent entities of the Russian Federation, which determine the content of the powers to manage public property, while the presence of public (state and municipal), as well as private and intellectual property is postulated directly in the Constitution of the Russian Federation. The constitutional legislation of the constituent entities of the Russian Federation determines the foundations of the legal status of another type of public property, namely the common property of the city of Moscow and the Russian Federation, along with it, the Constitution of the Republic of Sakha (Yakutia) provides for the existence of collective property.
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Jazi, Saeid Rasouli, and Fatemeh Farhatnia. "Buckling Analysis of Functionally Graded Super Elliptical Plate Using Pb-2 Ritz Method." Advanced Materials Research 383-390 (November 2011): 5387–91. http://dx.doi.org/10.4028/www.scientific.net/amr.383-390.5387.
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In this paper, buckling analysis of functionally graded super-elliptical plates is investigated by pb-2 Ritz method. The governing equation is derived based on classical plate theory (CLP). Since closed form solution of buckling differential equation is not available under various boundary conditions, pb-2 Ritz method (energy method) is applied to calculate non-dimensional buckling load. Total potential energy is given as summation of strain energy and work done by applied in-plane compression load. In order to obtain the buckling load, pb-2 Ritz method is applied corresponding to different peripheral supports (Clamped and Simply Supported) are used in the present study. The plates are assumed to have isotropic, two-constituent material distribution through the thickness and the modulus of elasticity of the plate is assumed to vary according to a power-law distribution in terms of the volume fractions of the constituents. Variation of buckling non-dimensional parameter is considered with respect to various powers of super–elliptic, FGM power law index and aspect ratio.
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Channov, S. E. "Division of Powers for Joint Jurisdiction Subjects in the Context of the Russian Federation Subjects Budgetary Security." Vestnik Povolzhskogo instituta upravleniya 20, no. 5 (2020): 12–20. http://dx.doi.org/10.22394/1682-2358-2020-5-12-20.
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The existing division of powers for subjects of joint jurisdiction of the Russian Federation and its constituent entities from the viewpoint of their impact on economic development of regions is analyzed. The author proves that the existing model gives the Russian regions rather few opportunities to form a profitable part of their budgets, in particular, due to the delineation of powers in the tax sphere, as well as due to the very peculiarities of the domestic tax system.
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Voskresenskaya, Elena, Lybov Vorona-Slivinskaya, Dmitry Mokhorov, and Anatolii Ponomarenko. "Legal regulation of environmental protection and ensuring environmental safety when using underground resources at regional and local levels." MATEC Web of Conferences 265 (2019): 06014. http://dx.doi.org/10.1051/matecconf/201926506014.
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The article deals with environmental and legal problems of using underground resources, particularly associated petroleum gas. Today regional legislation develops unsystematically and inconsistently, because the powers of the constituent entities of the Russian Federation are regulated insufficiently in the sphere of environmental protection and ensuring environmental safety, when using underground resources. Some cases contain direct contradictions to federal legislation. Some constituent entities of the Russian Federation have a tendency for normative legal regulation of this area of public relations within the framework of "advanced standard-setting". These tendencies show the need to specify the powers of the constituent entities of the Russian Federation in federal legislation. Disposal of associated petroleum gas is becoming a serious problem today. A great part of this gas is wildly flared getting into the atmosphere, whereas there is a more decent and even profitable way of its disposal. The article analyzes the corporate structure of associated petroleum gas production in Russia and determines the directions for improving the legal framework. Based on their research, the authors propose to develop a Program of implementing a set of measures aimed at increasing the extraction and subsequent processing (disposal) of associated petroleum gas by independent oil companies, which could serve as measures for state stimulation of oil production development.
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Abramova, Natalia E., and Pavel E. Lisitsin. "Legal Issues of Organization of Municipal Audit in Russia." Financial law 12 (December 24, 2020): 29–33. http://dx.doi.org/10.18572/1813-1220-2020-12-29-33.
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The article highlights the problems of the formation of external municipal financial control, in particular, analyzes the provisions of the legislation related to the option of transferring the relevant powers to the control and audit bodies of the constituent entities of the Russian Federation.
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Glotko, A., S. Shelkovnikov, I. Kuznetsova, and I. Klyueva. "DIRECTIONS OF REGIONAL POLICY TO IMPROVE THE STANDARD OF LIVING OF THE POPULATION (BASED ON THE MATERIALS OF THE ALTAI REPUBLIC)." TRANSBAIKAL STATE UNIVERSITY JOURNAL 27, no. 10 (2021): 94–102. http://dx.doi.org/10.21209/2227-9245-2021-27-10-94-102.
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The article is devoted to improving state policy to improve the living standards of the population at the regional level and the mechanism for developing state policy in this area. The mechanism of implementation and the powers of the authorities of the constituent entities of the Russian Federation in the implementation of state policy to improve the standard of living of the population at the regional level has been studied. The effectiveness of the implementation of the regional policy to improve the standard of living of the population in the constituent entity of the Russian Federation has been determined. Problems were identified and recommendations were developed to improve the efficiency of the development and implementation of regional policies to improve the living standards of the population in the constituent entity of the Russian Federation
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Shagoyko, Evgeniy Yu. "On Redistribution of Powers between Local Self-Government Authorities and Government Authorities of a Constituent Entity of the Russian Federation." Constitutional and municipal law 10 (October 22, 2020): 71–75. http://dx.doi.org/10.18572/1812-3767-2020-10-71-75.
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The article examines and analyzes the practice of applying the provisions of the Federal Law No. 136-ФЗ of 27.05.2014 “On Amendments to Article 26.3 of the Federal Law “On General Principles of Organization of Legislative (Representative) and Executive Government Authorities of the Constituent Entities of the Russian Federation” and the Federal Law “On general principles of the organization of local government in the Russian Federation” regarding the redistribution of powers between local authorities and state authorities of a constituent entity of the Russian Federation; an attempt was made to formulate typical problems as a result of law enforcement in the specified area.
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Lebedeva, Ekaterina. "On the Question of the Powers of the Federal Executive Authorities of Germany in the Field of Genetic Engineering." Siberian Law Review 17, no. 3 (December 2, 2020): 421–30. http://dx.doi.org/10.19073/2658-7602-2020-17-3-421-430.
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At the present stage of the development of genetic engineering activities in the Russian Federation the question of the expediency of distributing powers between federal executive bodies and executive bodies of constituent entities is relevant. In this regard, the experience of Germany in securing the relevant powers in the field of genetic engineering for the executive authorities is considered, in particular, the powers of the federal executive authorities of Germany are examined to release and place genetically modified organisms, to monitor the impact of artificial microorganisms on human health and the environment, as well as administrative functions for maintaining information registers of information about modified organisms. The Author analyzes the powers of the German Federal Ministry of Food and Agriculture (German: Bundesministerium für Ernährung und Landwirtschaft – BMEL), the Federal Office for Consumer Protection and Food Safety of Germany (German: Bundesamt für Verbraucherschutz und Lebensmittelsicherheit – BVL) and other bodies. In addition, the Author has investigated the powers of the federal states of the Federal Republic of Germany in the field of genetic engineering work related to the use and production of artificial microorganisms and GM products. As an example, the competence of the authorized body of the federal state of Hesse – the Department of the Government of Hesse for genetic engineering – is considered. Analysis of the powers of the executive authorities of Germany in the field of genetic engineering made it possible to formulate conclusions and recommendations for streamlining the powers of executive authorities and organizations in Russia. As a result, proposals were made to improve public administration in the field of genetic engineering activities in Russia, including the need to entrust a separate authority with the authority for comprehensive regulation in the field of genetic engineering activities, as well as the inexpediency of currently providing executive the authorities of the constituent entities of the Russian Federation, the powers to exercise public administration in the area under consideration.
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Troper, Michel. "The Development of the Notion of Separation of Powers." Israel Law Review 26, no. 1 (1992): 1–15. http://dx.doi.org/10.1017/s0021223700010785.
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It suffices to examine two of the most important texts which form the basis of France's constitutional system, the Declaration of Human Rights of 1789, and the Law of June 3, 1958, in order to become convinced that separation of powers is one of those immutable principles which imposes itself as self-evident on every liberal constituent body. Article 16 of the Declaration of 1789 proclaims that “any society in which the protection of rights is not ensured, nor the separation of powers established, has no constitution”. The constitutional Law of June 3, 1958, for its part, authorizes the government to establish a constitutional project, provided that five principles be respected; among these principles appears, immediately following the necessity of universal suffrage, the separation of powers.
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FONSECA, PEDRO CEZAR DUTRA, LUCAS DE OLIVEIRA PAES, and ANDRÉ MOREIRA CUNHA. "The concept of emerging power in international politics and economy." Revista de Economia Política 36, no. 1 (March 2016): 46–69. http://dx.doi.org/10.1590/0101-31572016v36n01a04.
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ABSTRACT This paper aims to analyze the concept of emerging power established to the understanding of international affairs. The work observes that the use of the lexicon emerging - regarding to markets, countries or powers - as qualifier for a range of international relations phenomena became a constituent part of the matter. In spite of that, the empirical denotation of the predicate is ahead of the amount of efforts on its theoretical contextualization. Our methodological hypothesis is that the rational denial of the concepts prevailing connotative spectrum by acknowledging the embedded wisdom about cognate phenomena synthesizes a theoretical framework on its accurate use.
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Ip, Eric C. "COMPARATIVE SUBNATIONAL FOREIGN RELATIONS LAW IN THE CHINESE SPECIAL ADMINISTRATIVE REGIONS." International and Comparative Law Quarterly 65, no. 4 (October 2016): 953–68. http://dx.doi.org/10.1017/s0020589316000427.
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AbstractThe increasing importance of subnational governments in interstate affairs calls for international and comparative law scholars to take subnational foreign relations law more seriously. This article conceives this law as the legal rules that regulate the vertical allocation of foreign relations powers within and across States, and constructs an analytical framework that addresses the questions of why any sovereign would grant extensive foreign relations powers to constituent entities and how such an arrangement plays out in actual practice. This study takes a comparative approach to case studies of the Special Administrative Regions (SARs) of the People's Republic of China: Hong Kong and Macau, which are known for their unusually extensive paradiplomatic powers, which not only defy conventional categories but also surpass those of other substates.
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Rudenko, A. V. "Compliance with the Principle of Federalism in Bringing to Administrative Responsibility." Actual Problems of Russian Law 1, no. 12 (January 20, 2020): 17–25. http://dx.doi.org/10.17803/1994-1471.2019.109.12.017-025.
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The subject of the study is the extension of the principle of federalism on the validity of the Code of Administrative Offences of the Russian Federation. The paper raises the issue of its extension to normative legal acts adopted by the public authorities of the constituent entities of the Russian Federation and municipal normative legal acts. The author has analyzed the decisions of courts of different levels on bringing to administrative responsibility on the basis of the Administrative Code of the Russian Federation for violations of the law rules of constituent entities of the Russian Federation. The article contains conclusions about the need to correct the provisions of Article 1.3 of the Administrative Code of the Russian Federation. The proposed design of the norm will clearly delineate the powers of the Russian Federation and the constituent entities of the Russian Federation in determining administrative responsibility and excluding the possibility of brining to administrative responsibility for the violation of normative legal acts of constituent entities of the Russian Federation and municipal bodies on the basis of the rules of the Administrative Code of the Russian Federation.
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МУРАТШИН, Фларит Рашитович. "CONSTITUTIONAL (STATUTORY) COUNCILS ATTACHED TO THE PARLIAMENTS IN THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION: TO BE OR NOT TO BE?" Rule-of-law state: theory and practice 17, no. 3(65) (October 22, 2021): 93–107. http://dx.doi.org/10.33184/pravgos-2021.3.8.
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The paper explains the reasons for the centralized decision taken at the federal legislative level to abolish constitutional (statutory) courts in the constituent entities of the Russian Federation and to replace them with constitutional (statutory) councils attached to regional parliaments. The comparative analysis of the powers of the above-mentioned constitutional control bodies is carried out based on national and foreign expertise. The author suggests his own concept of constitutional (statutory) councils attached to regional Parliaments instead of constitutional (statutory) courts in the constituent entities of the Russian Federation. Purpose: to formulate conceptual framework and science-based recommendations for the formation in the constituent entities of the Russian Federation new constitutional control bodies – constitutional (statutory) councils attached to regional Parliaments. Methods: the author uses theoretical methods of formal and dialectical logic, historical methods, comparative methods, axiological methods. Results: the author concludes that the centralized replacement of the constitutional (statutory) courts in the constituent entities of the Russian Federation with constitutional (statutory) councils attached to regional Parliaments can be justified if the reorganization is carried out in a planned manner, consistently, with active cooperation with the federal authorities.
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Taras, Raymond, and Marshal Zeringue. "Grand strategy in a post-bipolar world: interpreting the final Soviet response." Review of International Studies 18, no. 4 (October 1992): 355–75. http://dx.doi.org/10.1017/s0260210500118935.
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All great powers have a grand strategy—including great powers on the verge of collapse. Each power develops its code of national security ends and means differently. Among the myriad factors which explain particular grand strategies, the most important consideration is the distribution of power capabilities in the international system. Regardless of each state's desire to operate independently—to be master of its own grand strategy—the structure of world politics offers little latitude to do so. As in the case of decision-making processes in organizations and bureaucracies, the international system imposes its own constraints and incentives on the security goals of individual states. Primarily addressing the international environment, however, systems theory ‘provides criteria for differentiating between stable and unstable political configurations.’ The first objective of this essay is to explore the role of structure as an indirect influence on the behaviour of its constituent actors, in this case, states. ‘The effects [of structure] are produced in two ways: through socialization of the actors and through competition among them.’
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Trofimov, Vasilii V. "On the development and implementation of regional law-making policy in the field of support and stimulation of innovative activity (on the example of the Tambov Region)." Current Issues of the State and Law, no. 18 (2021): 253–70. http://dx.doi.org/10.20310/2587-9340-2021-5-18-253-270.
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The work raises an issue of development and implementation of the Russian regional law-making policy in the direction of ensuring innovative activity. The Tambov Region is regarded as a region for scientific and practical generalizations, conclusions, and recommendations. Some lagging of the regional levels behind similar policies at the federal level, where a significant number of legislative acts regulating innovation relations have been adopted, is stated. The legislative prescriptions that determine the task of developing innovative relations for the constituent entities of the Russian Federation, including through purposeful lawmaking in this direction, are indicated. It is proved that, according to the Constitution of the Russian Federation, the authorities of the constituent entities of the Russian Federation have a sufficient number of powers to pursue a law-making and power-adminis-trative policy in the field of science, technology, innovation. The steps taken in the Tambov Region in this direction are assessed. Critical remarks and recommendations are expressed regarding the improvement of the law-making policy in the field of innovations in the territory of the Tambov Re-gion.
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Drăghici, Aurelia Teodora, and Teodor Bodoașcă. "Opinions about the Power of the People and the Powers of the State in Regulating the Constitution of Romania." International conference KNOWLEDGE-BASED ORGANIZATION 24, no. 2 (June 1, 2018): 172–77. http://dx.doi.org/10.1515/kbo-2018-0085.
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Abstract In a perspective of a long-awaited and postponed revision of the Romanian Constitution, we consider that it is necessary to reanalyze the name of the state power, given to public authorities (legislative, executive and judicial), opposite the quality of the Romanian people's sole proprietor of power in the state. Under this aspect, the current constitution materializes an obvious normative indecision and inconsistency of terminology of the constituent Legislator.Also, in the legal doctrine of the field, although there are numerous and remarkable scientific works of constitutional law, he subject, as a rule, is bypassed, and the power of the people and the powers of the state are analyzed As if the first consecration would not exclude the other, And the recognition of the latter would not question the existence of the former
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TURISHCHEVA, T. В. "ON THE ISSUE OF AUTONOMOUS INSTITUTIONS CONTROL TYPES." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 3, no. 3 (2020): 87–94. http://dx.doi.org/10.36871/ek.up.p.r.2020.03.03.017.
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The article explores the concept of “constitutive control”, a comparative analysis of the types of control over the activities of autonomous institutions. As the author's approach, it is proposed not to single out constituent control as a separate form of exercising the control powers of executive authorities that are the founders of autonomous institutions, but to implement its directions in the existing system of internal financial control.
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GIRKO, SERGEY I. "Return of procedural powers to the penal system of the Russian Federation: stages and sequence of steps." Vedomosti (Knowledge) of the Penal System 226, no. 3 (2021): 6–14. http://dx.doi.org/10.51522/2307-0382-2021-226-3-6-14.
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Abstract. Based on the analysis of the situation with the state of the procedural powers of the penal system of the Russian Federation and its certain constituent entities, including correctional institutions, the author comes to the conclusion that along with the problems of legal inadequacy of procedural powers assigned to the system, solving of organizational issues is no less urgent. Without the decision of these issues the penitentiary system experiences a shortage of specialists in inquiry in penitentiary bodies and institutions, however, they are not trained in educational institutions of the FPS of Russia. The author's vision of the solution to this problem is proposed. Key words: procedural powers of the penal system, correctional institutions, training of specialists for inquiry in educational institutions of the penal system, specialization in the implementation of criminal procedural activities, initial training of specialists, retraining and advanced training in inquiry.
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Beck, Robin A. "Consolidation and Hierarchy: Chiefdom Variability in the Mississippian Southeast." American Antiquity 68, no. 4 (October 2003): 641–61. http://dx.doi.org/10.2307/3557066.
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Explaining variability among Mississippian period (A.D. 1000-1600) chiefdoms has become a key research aim for archaeologists in the southeastern United States. One type of variability, in which simple and complex chiefdoms are distinguished by the number of levels of regional hierarchy, has dominated chiefdom research in this part of the world. The simple-complex chiefdom model is less applicable to the Mississippian Southeast, however, as there is little empirical evidence that chiefdoms here varied along this quantitative dimension. This article offers a qualitative model in which regional hierarchies are distinguished by the manner in which authority is ceded or delegated between an apical or regional chief and constituent, community-level leaders; chiefly power may be ceded from local-level leaders upward to the regional chief or delegated from the regional chief downward to local leaders. This apical-constituent model addresses variation in the administrative structures of chiefdoms: it is not a chiefdom typology. The model is used to contrast two Mississippian polities, Moundville in west-central Alabama and Powers Fort in southeastern Missouri, and illustrates variability in the process by which local communities were integrated into regional institutions.
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Kravets, I. A. "Constitutional Symbolism, Modernization of the Constitution and the Information Society (between Constituent and Information Constitutionalism for Russia)." Lex Russica 1, no. 1 (February 7, 2020): 43–58. http://dx.doi.org/10.17803/1729-5920.2020.158.1.043-058.
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The article discusses constitutional symbolism in the theory and practice of Russian constitutionalism, the problem of constitutional modernization in the context of the Russian state and legal tradition, the nature and legal forms of the constituent power, the constitutional status and the generative possibilities of the constituent power as constituents. The paper examines scientific approaches to understanding constitutional modernization in contemporary Russian jurisprudence, the meaning of constitutional symbolism and constitution as legal, political and moral communication in modern society. Particular attention is paid to the analysis of the relationship between the constitutional process and the constitutional power from the standpoint of cognitive constitutionalism and historical rationality. The author has determined the problem zones of legal registration and implemetation of powers of the constituent power in the context of the Russian constitutional development. The study has been carried out on the basis of formal-legal, concrete historical and comparative legal methods of analysis, the method of constitutional design and legal hermeneutics. The author suggests the following conclusions: 1) It is necessary to rethink the range of subjects of the right to amend and revise the Constitution in the Russian constitutional law that reflects the constitutional tradition (in comparative and historical contexts) outlined in 18th-19th centuries rather than modern capabilities of the information society and e-government (e-ruling); 2) The importance and efficiency of democratic involvement increases and requires revision of the thesis that the head of state (in the history of Russia — the monarch, emperor, president) is the only authoritative and constitutionally significant “guardian” of the Constitution rigidity and the main political and legal route of its transformation and change; 3) Legal formalization and use of legal procedures of the constitutional will and expression of the will of citizens of the country in the process of elaboration, discussion, adoption and introduction of amendments to the Constitution of the Russian Federation (current), and in the future amount to the development and adoption of the draft new Constitution of the country; 4) In the context of Russia’s intent to join the 4th Industrial Revolution and the development of institutions of information society (including in the field of electoral procedures and the formation of information and digital constitutionalism), it is necessary to create a constitutional sector of the Internet supported by the State at the federal and regional levels for the use of information technologies and institutions of digital constitutionalism in the process of determining citizens’ opinion on opportunities, prospects, content of amendments to the Constitution of the Russian Federation, their nation-wide discussion in the Internat.
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Zenin, S. S. "The Public Power System in the Russian Federation: New Approaches to Legal Regulation under the Constitutional Reform." Lex Russica, no. 12 (December 16, 2020): 42–53. http://dx.doi.org/10.17803/1729-5920.2020.169.12.042-053.
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The paper is devoted to the examination of the Russian system of public power in the context of the constitutional reform. The aim of the study is to carry out a comprehensive theoretical and legal analysis of the current state of consolidation of the public power system in Russia under constitutional law. The author has examined the regulatory legal acts that mediate the implementation of the constitutional reform in Russia; doctrinal sources and significant foreign experience relevant to the subject matter of the study. Methodologically, the study is based on general philosophical, general scientific, private scientific, special scientific methods. The paper defines the fundamental properties of the system of public power enshrined in the Constitution of the Russian Federation with due regard to such parameters as the peculiarities of the construction of federal relations as the fundamental functions and powers of public authorities allocated vertically, the state of the system of separation of powers in the context of checks and balances, the level of legal protection and autonomy of local authorities. The author has determined that the constitutional reform regarding the consolidation of the system of public power has encouraged development and strengthening of the principle of subsidiarity when differentiating jurisdictions and powers in relations between the state authorities of the Russian Federation and its constituent entities; clarification of the spatial limit of the governmental rule of the Federation by means of constitutional legitimation of Federal Territories; creation of the basis for overcoming the “conflict of competences (jurisdictions)” between state and municipal levels of power in order to ensure the constitutional law balance between the branches of state power at the federal level to prevent the development of non-systemic conflicts in the system of checks and balances and the emergence of constitutional crises of power. A suggested system of public power retains the necessary discretionary mechanisms to adjust the mechanism of its individual elements in order to achieve a balance between public functions, powers and tasks to be solved.
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Kostennikov, Mikhail V., and Kamil A. Sultanov. "Some Relevant Issues of Police Financing in the Course of Delegation of the Authority to Draft Administrative Offense Reports to Constituent Entities of the Russian Federation." Administrative law and procedure 1 (January 21, 2021): 43–46. http://dx.doi.org/10.18572/2071-1166-2021-1-43-46.
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Тhe article deals with topical issues of enforcement of the legislation of the subjects of the Russian Federation on administrative offenses by employees of Internal Affairs bodies. The author defines the priorities of financial support for the police provided for by the agreements between the highest Executive bodies of state power of the Russian Federation and the Ministry of Internal Affairs of Russia on the transfer of the exercise of part of the powers to draw up protocols on administrative offenses that infringe on public order and public security. The main conclusion of the study is that there is currently no clear mechanism in the legislation of the Russian Federation for assessing the powers transferred by the subjects of the Russian Federation to the Internal Affairs bodies for drawing up protocols on administrative offenses provided for by the administrative legislation of the subjects of the Russian Federation.
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Rykov, A. N. "Some Issues of Territorial Organization of State Power in Constituent Entities of the Russian Federation." Actual Problems of Russian Law, no. 7 (July 1, 2018): 50–61. http://dx.doi.org/10.17803/1994-1471.2018.92.7.050-061.
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The article deals with the composition of territories and boundaries of administrative-territorial units, and the analysis carried out by the author leads to the conclusion that in contemporary Russian legal reality differences between the municipal-territorial and administrative-territorial organization of a constituent entity of the Russian Federation are formal and, to a certain degree, artificial. However, at the same time, when defining a number of the most important issues of human life as a circle of tasks being solved at the level of local self-government, that is, in essence, relying on the constitutional understanding of local self-government and offering residents (citizens) to decide for themselves, the federal legislator does not provide local people with the mechanisms of implementation of their right to local self-government, as well as it does not vest necessary powers in local self-government bodies. Territorial subdivisions of government bodies exercising their powers in the territories of municipalities are not accountable to the bodies of local self-government. The general conclusion is that, formally, the public authority in a municipality belongs to its inhabitants and is implemented by them through local self-government, and, in fact, it is exercised by local state bodies that exist in the state of "separation" from local residents.
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Kolesnikova, О. V. "The Institute of the Ombudsman for the Rights of Indigenous Peoples in the Constituent Entities of the Russian Federation: Main Directions for Improvement." Actual Problems of Russian Law, no. 9 (October 5, 2019): 63–70. http://dx.doi.org/10.17803/1994-1471.2019.106.9.063-070.
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The paper has investigated the human rights activities of the State authorities of the constituent entities of the Russian Federation in the context of small indigenous peoples as persons having constitutional and legal status and a higher level of guarantees than ordinary citizens have because of their paucity. The author questions the independence of local laws from the State authorities of the constituent entities of Russian Federation using comparative analysis of regional laws of the Republics of Buryatia, Sakha (Yakutia), Kamchatka and Krasnoyarsk Regions with regard to appointment of ombudsmen to their offices, remuneration and financial support from regional budgets. The circumstances under consideration together with the lack of uniform approaches to the scope and nature of the functional instruments of authorized persons have served as the basis for the development of recommendations to coordinate their activities, to adjust the legal framework of the constituent entities of the Russian Federation in terms of requirements for applicants, and the scope of powers assigned to enforce human rights potential that are of practical importance and can be used by the authorities in in their rule-making work.
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Pokachalova, E. V., and N. M. Ataeva. "The structure of the budgetary and legal status of the constituent entities of the Russian Federation." Law Нerald of Dagestan State University 41, no. 1 (2022): 60–65. http://dx.doi.org/10.21779/2224-0241-2022-41-1-60-65.
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In the article, the author analyzed the structure of the budgetary and legal status of the constituent entities of the Russian Federation, highlighting such elements as goals, objectives, forms, methods of budgetary activities of the constituent entities of the Federation, budgetary competence and guarantees for its implementation. When writing the article, the following research methods were used: logical, formal-legal, method of legal modeling and analysis. In conclusion, it is concluded that the budgetary and legal status of the subjects of the Federation is due to their legal personality in the public sector. The budgetary competence of the subjects of the Federation is a set of budgetary powers of a sovereign nature of the subjects of the Federation, carried out in the public sector, defined by the subjects of jurisdiction, enshrined in the Constitution of the Russian Federation and the legislation of the Russian Federation.
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Machovenko, Jevgenij, and Haroldas Šinkūnas. "Establishment of a judicial system and ensuring independence of judges in Lithuania, 1918–1920." Prawo 327 (June 11, 2019): 269–83. http://dx.doi.org/10.19195/0524-4544.327.17.
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The problems of court relations with the other branches forming the constitutional triad of powers the legislative and the executive as well as judicial independence are among the most sensitive issues, which never lose their relevance. The article deals with the problems by reference to the constitutional and ordinary law of 1918–1920, the circulars of the Ministry of Justice, other legislation, as well as research papers. A retrospective analysis of certain issues is also presented by way of establishing links with the Constitution of 3 May 1791 and other historical sources of law. The co-authors have arrived at the conclusion that, while refl ecting general observance of the principle of separation of powers and the intention to ensure judicial independence, the Founding Principles of 1918 and 1919, adopted by the State Council, and the Interim Constitution of 1920, adopted by the Constituent Assembly, enshrined the legislative and the executive powers explicitly but judicial power only implicitly the texts do not even mention courts and the respective principle is derived from the others. Due to the severe shortage of lawyers in 1918–1920, judges were allowed to serve in the executive branch at the same time. The Ministry of Justice explained the law to judges, while judges assisted the executive such as the police in discharging their functions. All that contradicted the principles of separation of powers and judicial independence but was accepted as an unavoidable and temporary arrangement. The Ministry of Justice tried to avoid abusing its power and harming the dignity of the judicial system’s employees by intrusive oversight, and acted in their regard as discretely as possible. It encouraged judicial independence and activism and demonstrated confi dence in the courts.
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González Quintero, Rodrigo, and Luis Javier Moreno Ortiz. "Funciones secundarias de la Corte Constitucional colombiana: una aproximación a la decisión sobre excusas a los emplazamientos cursados por el Congreso // Colombian Constitutional Court’s ancillary powers: an approa ch to its decisions regarding refusal to attend congress’ hearings." Revista de Derecho Político 1, no. 102 (July 31, 2018): 373. http://dx.doi.org/10.5944/rdp.102.2018.22397.
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Resumen:Este artículo se centra en la poco explorada cuestión las competencias secundarias de la Corte Constitucional colombiana, en especial sobre la competencia de decidir sobre las excusas a los emplazamientos que hace el Congreso en ejercicio de su control político y público. Para este propósito se estudia el origen de esta competencia en la Asamblea Nacional Constituyente, se la analiza en el contexto de otras experiencias constitucionales y se considera,a partir de fuentes teóricas (normativas y doctrinales) y evidencia empírica(estudio de casos), dos hipótesis sobre su naturaleza y alcance, para concluirque se trata de una competencia jurisdiccional, que se concreta en una providencia judicial que hace tránsito a cosa juzgada, y que puede tenerse comouna modalidad especial del control de constitucionalidad.Abstract:This article is focused on the ill studied topic of the Colombian Constitutional Court’s ancillary powers, and especially on its decisions regarding a person’s refusal to attend hearings related to Congress’ control functions. Thus, the text begins with the origins of this power discussed at the constituent assembly, then analyzing it in Comparative Constitutional Law. Also taking into account both theoretical and practical elements — such as doctrine, norms and case law—, it does propose two hypotheses concerning its character and effects, concluding that entails an exercise of judicial power with res iudicata force and that it comprises a especial type of judicial review.Summary:Introduction. I. An Approach to the Colombian Judicial Review System. II. Ancillary Powers to Judicial Review: Debates and Adoption at the Constitutional Assembly. III. Ancillary Powers to Judicial Review in the Constitutional Court’s Case Law. IV. Ancillary Powers to Judicial Review in Comparative Law. V. Constitutional Court’s Decisions regarding Excuses for Subpoenas. Nature. Holdings. VI. Conclusions. Bibliography
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Zabralova, O. S. "Expenditure Obligations of the Constituent Entity of the Russian Federation in the Social Field in the Budget Structure." Actual Problems of Russian Law 16, no. 11 (October 23, 2021): 42–48. http://dx.doi.org/10.17803/1994-1471.2021.132.11.042-048.
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To financially support the functions of the state, it is necessary to legally allocate from the budget the funds that form expenditure obligations of a particular public-law entity. Structuring of all expenditure obligations, including obligations in the field of social policy, takes place due to the corresponding register. It is concluded that the register of expense obligations of the regional budget includes certain information about the obligations associated with the social policy financing: a) information about the powers of the region in the field of social policy; b) information on regulatory legal acts, agreements establishing the region’s expenditure obligations in the field of social policy that are subject to execution at the expense of regional funds, etc. It is determined that the registry of expence obligation for the constituent entity of the Russian Federation is formed according to the same rules as the rules applied to form the registry of expence obligations at the federal level, but taking into account the specifics of the constituent entity of the Russian Federation. The significance of the study is that it allows, from a scientific point of view, to comprehend the problems of regulating the expenditure obligations of a constituent entity of the Russian Federation in the social area.
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Stepanenko, Sergey V., Viktoriia D. Filippova, Valentina O. Boniak, Tatiana V. Malakhova, and Olena V. Kravchenko. "Legal mechanisms of public administration in Ukraine." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 4 (December 23, 2021): 122–32. http://dx.doi.org/10.37635/jnalsu.28(4).2021.122-132.
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Issues related to the analysis of the current and possible future changes in the constitutional status of public authorities in Ukraine and the legal mechanisms of public administration in the country are considered. An essential feature of state bodies is that only they are endowed with state powers. They perform their functions on behalf of the state in clearly defined forms. An attempt is made to analyze the legally defined organizational structure of legal mechanisms of public administration in the state. The main purpose of a research consists in carrying out the theoretical analysis and system approach to legal mechanisms of public administration in Ukraine and the constitutional relations of branches of the power in the state, disclosure of features of the constituent elements of a system of the constitutional relations of the state power in Ukraine. In the constitutional state the law always must be the primary act of a statement of the state power, and people have to be the only source of a statement of the state power. The most enlightened rulers, in whose hands unlimited all webs of power were concentrated, sooner or later became wayward tyrants who recognized only their authority, that they neglected freedom and, did not consider inalienable human rights. Therefore, further transfer of powers of public administration from local public authorities to local self-government bodies should be the subject of further research in this direction