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Journal articles on the topic 'Federal government – Comparative law'
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1
Bonafont, Laura Chaqués, and Anna M. Palau Roqué. "Comparing Law-Making Activities in a Quasi-Federal System of Government." Comparative Political Studies 44, no. 8 (May 4, 2011): 1089–119. http://dx.doi.org/10.1177/0010414011405171.
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In this article the authors develop a new approach to the study of policy dynamics in a quasi-federal system of government. The goal is to contribute to previous research on comparative federalism by analyzing the variations of issue attention between levels of government and across four regional governments—Andalusia, Catalonia, Galicia, and the Basque Country. To do so the authors follow the policy dynamics approach, developing a comparative and empirical analysis about issue attention across time, territories, and policy subsystems. The analysis relies on an extensive database, created following the methodology of the Comparative Agendas Project, which includes all laws passed from the early 1980s to present. The results indicate that legislative agendas have become increasingly diverse since the 1990s, and this is partly explained by party preferences and the type of government.
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Do Vale, Helder. "Local Government Reforms in Federal Brazil, India and South Africa: A Comparative Overview." Lex localis - Journal of Local Self-Government 11, no. 3 (July 1, 2013): 453–70. http://dx.doi.org/10.4335/11.3.453-470(2013).
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This article examines the changes at the local level of government that have been taking place in Brazil, India and South Africa for the past thirty years as a result of complex federal decision-making processes. I summarize the most important federal traits of these countries and identify the role of key institutions behind the fiscal, political and administrative changes in local governments. The article draws on the institutional processes to dissect the anatomy of local government reforms in these countries and concludes that although the changes in local government structures and powers have been taken against the background of transition to democracy and/or democratic deepening, the scope of change in local government varied.
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Starikov, S. S. "Federal Territory “Sirius” Executive Power Organization Features." Vestnik Povolzhskogo instituta upravleniya 22, no. 1 (2022): 53–59. http://dx.doi.org/10.22394/1682-2358-2022-1-53-59.
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Legal regulation of the federal territory “Sirius” executive authority formation and the replacement of the administration head of the specified federal territory is analyzed. Based on a comparative analysis of the norms of the Federal Law “On the Federal Territory “Sirius” and the provisions of the Federal Law “On the General Principles of the organization of local Self-government in the Russian Federation”, the specifics of the organization of public authorities of the federal territory are revealed.
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Omiunu, Ohiocheoya, and Ifeanyichukwu Azuka Aniyie. "Sub-national Involvement in Nigeria's Foreign Relations Law: An Appraisal of the Heterodoxy between Theory and Practice." African Journal of International and Comparative Law 30, no. 2 (May 2022): 252–69. http://dx.doi.org/10.3366/ajicl.2022.0407.
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Nations, in their interaction with the international system, usually have in place a legal regime governing the external exercise of the powers of the state. This regime Curtis Bradley describes as the foreign relations law (FRL) architecture of a state. In a conventional FRL system, plenary powers for the conduct of international relations reside with the central government. For countries operating a federal system of government, the centripetal and centrifugal dynamics inherent in this system of government pose a serious challenge to this orthodoxy. More so, catalysed by globalisation, subnational governments (SNGs) in federal systems are increasingly affecting the reception and operation of international norms and acting as ‘paradiplomatic’ actors in the foreign relations sphere. This emergent trend has led to a growing body of scholarship that considers individual and comparative case studies across different jurisdictions. Focusing on Nigeria as a case study, this article evaluates recent empirical evidence that shows an increase in external interactions by Nigeria's SNGs in the FDI sector since 1999. The article argues that these external interactions by Nigeria's SNGs are a deviation from the conventional constitutional configuration of Nigeria's FRL setup wherein plenary powers for foreign relations have been allocated to the Federal Government (FG).
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Aaron, Doris Dakda. "Contentious issues on Value-Added Tax and Sales Tax in Nigeria: A review of conflicting court decisions." Journal of Corporate and Commercial Law & Practice, The 7, no. 2 (2021): 1–15. http://dx.doi.org/10.47348/jccl/v7/i2a1.
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Taxation is a universal means of revenue generation by governments worldwide. It is the oldest form of revenue generation. Many countries rely on taxes as an avenue for revenue generation to foster development and improve the welfare of their citizens. There are different types of taxes computed in line with the tax policies of individual countries. Nigeria, like many other countries, relies on taxes alongside other sources of revenue for its recurrent and capital expenditure. The various taxes in Nigeria include value-added tax (VAT), sales tax, company income tax and personal income tax. This article looks at contentious issues arising from the implementation of VAT and sales tax in Nigeria. The article adopts doctrinal methodology by reviewing case law and tax legislation, and using a comparative analysis approach. The article considers the provisions of the law and their applicability in the Nigerian federal system of government. The article also considers the powers of the federal and the state governments in respect of VAT and sales tax. The article finds that a major challenge in the implementation of VAT and sales tax in Nigeria is the debate between the states and the federal government of Nigeria about which tier of government has power over VAT and sales tax. The article recommends that states should be allowed to have power over VAT and sales tax alongside the federal government, as occurs in other federal settings. In addition, the end users of most consumable items are domiciled in the various states of Nigeria.
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Avtonomov, A., and V. Grib. "Main Trends in the Development of Russian Law on Non-Profit Organizations." BRICS Law Journal 7, no. 3 (October 10, 2020): 81–103. http://dx.doi.org/10.21684/2412-2343-2020-7-3-81-103.
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The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation. The main stages of the development of the law on non-profits both at the federal level and at the level of the constituent entities of the Russian Federation, as well as the main trends in the development of non-profit law in modern Russia, are explored.
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Kozhevnikov, Oleg. "Some issues of legal regulation (of the legal status) control and accounting bodies of municipalities." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 2 (July 21, 2020): 82–88. http://dx.doi.org/10.35750/2071-8284-2020-2-82-88.
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Almost three decades have passed since the appearance of the Law of the Russian Federation from 06.07.1991 No. 1550-1 «On local self-government in the Russian Federation». Over the past historical stage, the regulatory framework of local self-government and its bodies has significantly transformed: this applies to the concept of local self-government, territorial and organizational foundations, and of course the legal status of individual local self-government bodies. This article provides a comparative legal analysis of certain provisions of Federal law No. 131-FZ of 06.102.2003 «On General principles of local self-government organization in the Russian Federation» and Federal law No. 6-FZ of 07.02.2011 «On General principles of organization and activity of control and accounting bodies of subjects of the Russian Federation and municipalities» in the part concerning control and accounting bodies of municipalities. Based on the results of this analysis, significant contradictions were identified in the basic Federal normative legal acts regulating the legal status of the control and accounting body of a municipality, which need to be corrected by the Federal legislator in order to increase the level of unity and consistency in the legal regulation of the status of one of the most important bodies in the system of local self-government-the control and accounting body of a municipality.
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McAdams, A. James. "Spying on Terrorists: Germany in Comparative Perspective." German Politics and Society 25, no. 3 (September 1, 2007): 70–88. http://dx.doi.org/10.3167/gps.2007.250304.
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Intelligence and law enforcement agencies in western democracies are turning increasingly to electronic surveillance tools in their efforts to identify and combat new terrorist threats. But this does not mean that they are equally equipped to undertake these measures. As the author shows by comparing surveillance activities in three countries—Great Britain, the United States, and Germany—the Federal Republic's more restrictive legal norms and institutions provide its government with much less freedom of maneuver than its allies.
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Spitra, Sebastian M. "Austria Approaches Its Colonial Past: Prospects of a New Restitution Law for Cultural Objects." Santander Art and Culture Law Review 8, no. 2 (December 30, 2022): 261–76. http://dx.doi.org/10.4467/2450050xsnr.22.021.17034.
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In January 2022 theAustrian government established an expert committee to study the colonial heritage in its federal museums. Although Austria is a country not considered to have an extensive colonial past, Austrian museums hold large collections of ethnographic objects and human remains that they acquired during the heydays of colonialism. This country report introduces the current restitution debate in Austria through a legal lens. It discusses the legal situation of cultural objects from colonial contexts and the instruments available to museums and the federal government to organize restitutions and formulate rules. From a comparative law perspective, the specific history of Austria might turn the currently-evolving Austrian approach into an interesting example for other countries with public holdings of cultural objects from colonial contexts but without a history of direct colonialism.
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Очагова, Валерия Станиславовна. "ON CERTAIN PROVISIONS OF DRAFT FEDERAL LAW N 40361-8 «ON GENERAL PRINCIPLES OF ORGANIZATION OF LOCAL SELF-GOVERNMENT IN THE UNIFIED SYSTEM OF PUBLIC AUTHORITY»." Вестник Тверского государственного университета. Серия: Право, no. 2(70) (June 30, 2022): 62–68. http://dx.doi.org/10.26456/vtpravo/2022.2.062.
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Статья посвящена исследованию проекта Федерального закона № 40361-8 «Об общих принципах организации местного самоуправления в единой системе публичной власти». Проведен сравнительный анализ действующего Федерального закона от 6 октября 2003 г. № 131-ФЗ «Об общих принципах организации местного самоуправления в Российской Федерации» и нового законопроекта. Рассмотрен вопрос реформирования социально-культурной сферы в контексте данного законопроекта. The article is devoted to the study of the draft Federal Law N 40361-8 «On the general principles of organizing local self-government in a single system of public power». A comparative analysis of the current Federal Law of October 6, 2003 No. 131-FZ «On the General Principles of Organizing Local Self-Government in the Russian Federation» and a new bill was carried out. The issue of reforming the socio-cultural sphere in the context of this bill was considered.
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Lebedev, Viktor, and Elena Lebedeva. "Temporarily or partially remote work: law enforcement lessons." Buhuchet v zdravoohranenii (Accounting in Healthcare), no. 8 (August 1, 2020): 70–80. http://dx.doi.org/10.33920/med-17-2008-07.
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The article considers the state’s initiatives for the further development of remote forms of labor relations. The features of providing medical care in a remote format are considered. Comparative analysis: draft decree of the RF Government “On peculiarities of legal regulation of labor relations in 2020” from 27.05.2020 and draft Federal law “On introducing amendments to article 57 of the Labor code of the Russian Federation” dated 02.06.2020 offering to regulate temporary and partial shift on the remote (remote) work; the main provisions of the employment contract and the peculiarities of employment contract for remote workers.
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Zin-Wan Park. "Comparative Analysis on Tax Distribution and Financial Adjustment between Federal Government and States in German Basic Law." Public Law Journal 14, no. 2 (May 2013): 227–59. http://dx.doi.org/10.31779/plj.14.2.201305.008.
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Kozhevnikov, Oleg. "Local self-government as a constitutional value: from the origins to the current state." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 4 (December 20, 2021): 49–56. http://dx.doi.org/10.35750/2071-8284-2021-4-49-56.
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July 6, 2021 dates 30 years since the appearance of the first law on local self-government in the modern history of Russia. Over the past period, the Russian state and the Russian legal system have undergone a difficult path to modernization of the legislation on local self-government and its approbation to actual reality. During this historical period, Russian Federation adopted the Constitution, the text of which was significantly transformed in 2020; local self-government, in addition to the mentioned law of 1991, incorporated all the «joys and hardships» from the federal laws «On General Principles of the organization of Local Self-Government in the Russian Federation» of 1995 and 2003.
This article presents a comparative legal analysis of certain provisions of federal laws on local selfgovernment, which have been regulating for 30 years at the level of the federal legislator the issues of local self-government in the Russian Federation as one of the fundamental constitutional values of modern democratic states. The author makes a disappointing conclusion that the named constitutional value has been significantly changed both in form and content over the past historical period of the development of the Russian statehood. This predetermined the situation of «crisis» of the current state of local self-government in the Russian Federation and the possibility of its «dissolution» with the emergence of a constitutional category «a unified system of public power».
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Beck-Dudley, Caryn L., and Terrell G. Williams. "Legal and Public Policy Implications for the Future of Comparative Advertising: A Look at U-Haul v. Jartran." Journal of Public Policy & Marketing 8, no. 1 (January 1989): 124–42. http://dx.doi.org/10.1177/074391568900800110.
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This article investigates the regulatory environment for comparative advertising in terms of industry regulation, government regulatory agencies, and private court actions under state law and the federal Lanham Act. Major legal issues are trade disparagement and defamation, trademark infringement and dilution, and deception. The Lanham Act offers protection and redress for parties injured by false, misleading or unfair comparative advertising. Legal theory for application of Lanham to comparative advertising is detailed and implications of the U-Haul vs. Jartran case, where Lanham was applied with U-Haul's being awarded more than forty million dollars in damages and legal fees, are discussed. Several public policy issues are raised including whether the FTC's private action policy serves the public interest given legal risks and costs of defending law suits.
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Chung and Kim. "A Comparative Study of Digital Government Policies, Focusing on E-Government Acts in Korea and the United States." Electronics 8, no. 11 (November 17, 2019): 1362. http://dx.doi.org/10.3390/electronics8111362.
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The first enactment of a single national e-government act took place in Korea in 2001. Subsequently, the United States enacted its electronic government act in November 2002. Unified e-government acts in Korea and the United States have since been established and enforced for nearly two decades, and provide interesting case studies for examining the long-term influences of the e-government act on national e-government and digital government policies. The e-government act of the United States is much more comprehensive than the e-government act of Korea. The US e-government act focuses on strengthening the federal government’s ability to regulate the Office of Management and Budget (OMB)’s role in e-government implementation. The OMB has overall jurisdiction over the e-government promotion process and will continue to consult with ministries on appropriate budget support for each project. In contrast, the e-government law in Korea is based on electronic document processing as the basic viewpoint and has been downgraded to a level that supports document reduction and electronic processing of documents, rather than a comprehensive law that can support e-government projects. The comparative case study of e-government acts in Korea and the United States revealed that, from the standpoint of digital government transformation using information technology, it is most important to promote digital government policy directly from the ministry that manages the budget, or to establish a dedicated organization under the ministry to secure strong coordination while linking it with the budget.
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Arban, Erika, and Adriano Dirri. "Aspirational Principles in African Federalism: South Africa, Ethiopia and Nigeria Compared." African Journal of International and Comparative Law 29, no. 3 (August 2021): 362–82. http://dx.doi.org/10.3366/ajicl.2021.0371.
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Finding a balance between diversity and social cohesion is a common concern in constitutional design: in divided societies, such a balance has often been sought through federalism. But the need to reconcile diversity and social cohesion can also be addressed through aspirational values embedded in a constitution. In fact, constitutions may entrench fundamental principles directing policies to foster equality, eliminate obstacles or require the different tiers of government to collaborate harmoniously in the performance of their functions. In exploring solidarity between different communities and cooperative government in South Africa, ethnicity as foundational value in Ethiopia, and the federal character in Nigeria, this article offers a comparative account of the three most important federations in Africa to assess how their constitutions reconcile diversity and social cohesion through aspirational principles related to federalism.
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Muhammad Ramzan Sheikh, Muhammad Zahir Faridi, and Muhammad Imran. "A Comparative Historical Analysis of Declaration and Resource Allocation to Governance Indicators by Political Parties in Pakistan." PERENNIAL JOURNAL OF HISTORY 3, no. 1 (June 9, 2022): 115–34. http://dx.doi.org/10.52700/pjh.v3i1.104.
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This comparative study has examined the truism of manifestos of political parties and pecuniary allocation of resources in their regimes in some common governance indicators for 2008-2021. The partisan theory predicts the macroeconomic policies consonance with political doctrine and mitigated the budget policy rules for the promulgation of their conceptions. This comparative study has analyzed overall different governments' total revenues; total expenditure and governance expenditures and provides guidelines for economic agents and votaries for making their future expectations during upcoming times. The logical framework of the study tri-angulated; used van Dijk’s PDA (Political Discourse Analytical) model by utilizing the method of Wodak (2001) and comparative budget analysis (Wildavesky, 1986). The results show that partisan resource allocations have a marginally significant effect on development expenditure (Public Services Development Programs and other PSDP) allocation in the federal budget on governance indicators in Pakistan. Some indicators like accountability and corruption, law and order and information and telecommunication show some partisan marginal effect but nothing different in resource allocation about e-governance, police and civil reforms. The PTI government has devoted more allocation to law and order and information and telecommunications rather than national accountability and corruption.
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Rabell-Garcia, Enrique. "Guaranteeism in Administrative Acts." International Journal of Law and Public Administration 1, no. 2 (October 25, 2018): 1. http://dx.doi.org/10.11114/ijlpa.v1i2.3716.
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Under the reform of article 1 of the Federal Constitution (June 10, 2011), all government authorities have the obligation to respect human rights. The main inquiry of this essay is whether the Executive can, ex officio, revoke administrative acts for violations of human rights or stop enforcing a law it deems unconstitutional. Following this line of inquiry, for the purposes of this essay, the hypothesis is affirmative. The first part of this work analyzes several techniques and their comprehensive interpretation. Doctrine and comparative law are used to frame the issue. The second part consists of a constitutional analysis of article one under several legal interpretation theories to obtain preliminary results. The third part focuses particularly on revocation in the Administrative Procedure Act and the Mexican Federal Tax Code, in addition to relevant case law. Lastly, it is concluded that, in certain cases involving legal certainty, revocation can apply; however, refusal to enforce a law deemed unconstitutional cannot.
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Ebobrah, Solomon, and Felix Eboibi. "Federalism and the Challenge of Applying International Human Rights Law Against Child Marriage in Africa." Journal of African Law 61, no. 3 (July 10, 2017): 333–54. http://dx.doi.org/10.1017/s0021855317000195.
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AbstractFederalism presents a dilemma for the implementation of international human rights law in those African states that operate federal constitutions. Central governments in these states enjoy international legal personality, make treaties and represent their states as parties to those treaties, yet internal legislative competence over some issues regulated by treaty is commonly shared between central and regional governments. Consequently, while central governments bear responsibility for transforming international standards into national law, challenges arise in areas such as the protection of children from child marriage, where they lack exclusive national legislative competence. How have these states managed to implement international law without violating their own constitutions? Applying a comparative approach, this article argues that African federal states have employed two main models to overcome the dilemma, neither of which has been totally effective. Drawing lessons from federal states outside Africa, the article suggests other mechanisms to perfect Africa's two main models.
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Atanda, Olatunde, and Sunday Adeseko Olaifa. "Comparative Study of Quality Assurance Practices in Unity Schools and Private Secondary Schools in Kwara And Oyo States, Nigeria." Daengku: Journal of Humanities and Social Sciences Innovation 2, no. 1 (January 15, 2022): 19–27. http://dx.doi.org/10.35877/454ri.daengku680.
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This paper compared the quality assurance practices in Unity and private secondary schools in Kwara and Oyo States, Nigeria touching variables such as infrastructural facilities, staff discipline. The research design employed for the study was a descriptive survey type. The population of the study was made up of all Unity and Privates secondary schools in Kwara and Oyo States, Nigeria. Purposive and random sampling techniques were used to select the respondents in all the sampled schools. The data for the study were gathered through the use of questionnaires tagged “Quality Assurance Practices Questionnaire” (QAPQ) administered to teachers, Vice Principals and Principals. The data gathered during this study were analyzed with inferential statistics called t-test and ANOVA. The findings revealed a slight difference in infrastructural facilities in the sampled schools. Private secondary schools in Kwara and Oyo State were rated higher than the Federal Government Colleges. This paper further revealed that the discipline and control of staff in private secondary schools in Kwara and Oyo States were stricter than the Federal Government Colleges in both States. Based on these findings, the paper recommended among others that there should be adequate provision of infrastructural facilities, efficient supervision of schools to maintain a quality standard of equipment, especially the provision of potable water and electricity in the Federal Government Colleges. Also, staff discipline in private secondary schools should be more relaxed instead of instant judgment in the interest of fairness and low staff turnover.
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Sultanova, Anna. "On the Transformation of the Administrative and Legal Status of the Prime Minister of the Russian Federation: Political and Legal Aspect." Legal Concept, no. 2 (July 2021): 114–20. http://dx.doi.org/10.15688/lc.jvolsu.2021.2.15.
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Introduction: after the adoption of Federal Constitutional Law of 14.03.2020 No.1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” and its approval in the course of the all-Russian vote with the subsequent amendments to the Constitution of Russia, it was necessary to revise a number of normative legal acts concerning the regulation of issues of the organization of public power. In particular, the amendments to the Constitution changed the procedure for the formation and functioning of the Government of the Russian Federation and changed the administrative and legal status of not only the Government, but also its Chairman, as well as the members of the Government, which required the adoption of a new Federal Constitutional Law “On the Government of the Russian Federation”. In this connection, the author aims to study the transformation of the administrative and legal status of the Prime Minister. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including the comparative legal method, the method of system-functional analysis, comparative legal analysis. Results: the author’s wellfounded position on the essence of the transformation of the administrative and legal status of the Prime Minister is based on the analysis of the dynamics of the legislation development and is confirmed by modern competent research in the field of constitutional and administrative law. Based on the comparative legal analysis, the study of the elements of the administrative and legal status of the Prime Minister is carried out. The questions are raised about the directions of the transformation of the administrative and legal status in the context of the amendments to the Constitution of 2020. Conclusions: as a result of the study, it is concluded that the administrative and legal status of both the Prime Minister and the Government itself is increasingly dependent on the President, which gives the grounds for researchers to conclude that it is necessary to define Russia in the direction of the classical form of republican government: either presidential or parliamentary. The author proves that the administrative and legal status of the Prime Minister has undergone a number of changes in terms of restricting his rights, including in the formation of the structure of the executive authorities, the management of the Government activities, reporting and responsibility to the President, etc. At the same time, the powers of the President to lead the executive authorities have been expanded, which leads to the idea of Russia’s becoming a classic presidential republic, when the President heads the Government.
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Sokolova, Ol'ga Sergeevna. "Novelties in the Constitution of the Russian Federation in the area of corruption prevention." Административное и муниципальное право, no. 6 (June 2020): 1–9. http://dx.doi.org/10.7256/2454-0595.2020.6.33634.
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The subject of this article is the novelties in the Constitution of the Russian Federation, which impose laminations on persons, who fill public and municipal positions. The author applied the method of comparative legal analysis of the norms of Russian law that regulate imposition of anti-corruption restrictions in activity of the federal government branches, public authorities, and local self-governing bodies. Comparative analysis is conducted on the restrictions introduced in new revision of the Constitution of the Russian Federation and the corresponding norms in federal legislation. The author examines the norms of constitutional, administrative and municipal law in the area of corruption prevention, particularly in the context of federative relations that established for regulation of public and municipal service, as well activity of the persons who fill public and municipal positions. The opinions of scientific community on the topic are presented. The article gives assessment to compliance of novelties of the Constitution of the Russian Federation on corruption prevention with the National Anti-Corruption Strategy, and legal positions of the Constitutional Court of the Russian Federation. The scientific novelty consists in determination of the conflicts of norms of constitutional, administrative and municipal law that impose anti-corruption restrictions, and assessment of their legal consequences.
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Uvarov, Alexander Anatol'evich. "Local Government and Prosecutor’s Office: Problems of Legislative Regulation." Russian Journal of Legal Studies 6, no. 1 (December 15, 2019): 172–77. http://dx.doi.org/10.17816/rjls18493.
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On the basis of the analysis of legislation and juridical practice the article deals with the issues of optimization of the legal basis of interaction between local authorities and the prosecutor’s office. The purpose of this study is to solve the problems of legal regulation in the field of: implementation of prosecutorial supervision of law-making and other activities of local governments, cooperation of prosecutors and local authorities, assistance and assistance of prosecutors to local governments. The author examines the constitutional principles governing the activities of bodies of curator and local governments, their combination in areas of joint activity. At the same time it is concluded that the implementation of these principles is aimed, on the one hand, at the solution of state tasks to strengthen the rule of law, protection of human rights and freedoms and, on the other, - to expand the freedom and independence of local self-government. The article describes and classifies the forms of interaction between the prosecutor’s office and local authorities. Using the methods of scientific research (systematic, comparative legal, modeling, formal legal, etc.), the author comes to the conclusions about the insufficiency of the existing legal mechanism to optimize their joint activities on the issues of law-making and law enforcement, the need to supplement the current legislation with local forms of interaction initiated on the ground. The practical purpose of these and other conclusions is that they can be used in the preparation of relevant changes and additions to the federal legislation, as well as for educational purposes and practical work of the prosecutor’s office and local authorities.
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Arzoz, Xabier. "Extent and Limits of Devolution in Spain." European Public Law 25, Issue 1 (March 1, 2019): 83–103. http://dx.doi.org/10.54648/euro2019006.
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This article contests the view of Spain as a federation based solely on the notion of the constitutionally entrenched devolution of powers through the rigidity of the national and regional constitutions. To that effect, the article looks at the broader system of the distribution of competences from a legal perspective, an aspect which has been neglected in comparative studies on the nature of Spanish decentralization. The analysis concludes, firstly, that the powers of autonomous communities are not enshrined in the same way as in federal models; secondly, that their Statutes of autonomy are not above the legislation of the central government; and, lastly, that the constitution is not rigid enough to prevent the intrusion from the centre on regional competences.
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Klafki, Anika. "Legal Harmonization Through Interfederal Cooperation: A Comparison of the Interfederal Harmonization of Law Through Uniform Law Conferences and Executive Intergovernmental Conferences." German Law Journal 19, no. 6 (November 2018): 1437–60. http://dx.doi.org/10.1017/s2071832200023105.
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AbstractModern federations are faced with the challenge of cross-state as well as cross-nation economic activities and with the ever-increasing mobility of society. This has not only promoted international law, but has also created the need for harmonized laws throughout federations within the competence areas of the states. Diverse laws within federal systems may increase transaction costs, cause delays, and lead to jurisdictional conflicts for nationwide or cross-state transactions. In order to preserve federalism, and therefore prevent an ever-advancing process of centralization, interfederal legal harmonization promoted by the states themselves is crucial. There are two distinct methods of legal harmonization of state laws: (1) harmonization by “Uniform Law Conferences,” which are in principle run by lawyers and thus independent, to a certain extent, from the influence of policy makers; and (2) harmonization by executive intergovernmental conferences. These two distinct models of interfederal legal harmonization will be analyzed and evaluated with regard to efficiency, compatibility with democratic principles, transparency, and accountability in a comparative legal study of the harmonization processes. This Article will scrutinize the federal systems of the United States and Canada, on the one hand, as well as those of Germany and Austria, on the other hand. The study will reveal that the efficiency of interfederal legal harmonization increases with the level of intergovernmental integration through the participation of government officials and their staff.
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Clarke, Rohan. "Navigating the US “Green Rush”: anti-money laundering and de-risking implications for banking cannabis-related businesses in Jamaica." Journal of Financial Crime 29, no. 2 (November 18, 2021): 564–75. http://dx.doi.org/10.1108/jfc-10-2021-0235.
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Purpose This paper aims to illuminate the diverging approaches to marijuana-related drug enforcement at the federal and state levels in the USA, which have facilitated a boom in the US medical cannabis industry (i.e. the “Green Rush”). It further sheds light on how the USA’ aggressive extraterritorial approach to anti-money laundering (AML) enforcement might simultaneously suppress the banking of cannabis-related businesses in Jamaica due to the lingering fear of de-risking. Design/methodology/approach An international and comparative legal and policy analysis was conducted of the nexus among shifting drug enforcement policies, AML laws and the banking of cannabis-related businesses. Findings This study found that the constitutional relationship between the US federal government and states has created a de facto comparative advantage for the US medical cannabis-related businesses that benefit from limited access to financial services. This was found to pose far-reaching implications for the banking and development of the Jamaican cannabis sector due to the dependence of the country’s financial institutions on correspondent banking relationships with the US banks that are regulated by federal AML statutes. Originality/value To the best of the author’s knowledge, this paper is the first of its kind to examine the extraterritorial regulatory risks to the banking of cannabis-related businesses in Jamaica.
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Flood, Colleen M., and Bryan Thomas. "A successful Charter challenge to medicare? Policy options for Canadian provincial governments." Health Economics, Policy and Law 13, no. 3-4 (March 26, 2018): 433–49. http://dx.doi.org/10.1017/s1744133117000469.
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AbstractIn September 2016, a case went to trial in British Columbia that seeks to test the constitutionality of provincial laws that (1) ban private health insurance for medically necessary hospital and physician services; (2) ban extra-billing (physicians cannot charge patients more than the public tariff); and (3) require physicians to work solely for the public system or ‘opt-out’ and practice privately. All provinces have similar laws that have been passed to meet the requirements of federal legislation, theCanada Health Act(and thus qualify for federal funds). Consequently, a finding of unconstitutionality of one or more of these laws could have a very significant impact on the future of Canada’s single-payer system (‘medicare’). However, should the court find that a particular law is not in compliance with theCanadian Charter of Rights and Freedoms, the baton is then passed back to the government which may respond with other laws or policies that they believe to be constitutionally compliant. The ultimate impact of any successfulCharterchallenge to laws protecting medicare from privatization will thus significantly depend on how Canadian governments respond. Provincial governments could allow privatization to undercut equity and access, or they could respond creatively with new legal and policy solutions to both improve equity and access and tackle some of the problems that have long bedeviled Canadian medicare. This paper provides an understanding – grounded in comparative health systems evidence – of law and policy options available to Canadian lawmakers for limiting two-tier care in the wake of any successful challenge to existing laws. The paper presents the results of a large inter-disciplinary, comparative study, started in 2015, that systematically reviewed the legal and broader regulatory schemes used to regulate the public/private divide in 15 Organization for Economic Co-Operation and Development countries with a particular eye to what the effect of such regulations would be upon wait times.
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Davletgildeev, Rustem, Adel' Adullin, Marsel' Garaev, and Aleksey Sinnyavskiy. "Review of the International scientific-practical conference "International Law in Supporting the Processes of Regional Integration", Kazan." Advances in Law Studies 8, no. 2 (September 15, 2020): 46–50. http://dx.doi.org/10.29039/2409-5087-2020-8-2-46-50.
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The review is dedicated to the international scientific and practical conference «International law in regional integration processes implementation» held at the Faculty of Law of Kazan Federal University in autumn 2019. The conference was attended by leading international law scholars from the Moscow State University n.a. M.V. Lomonosov, Moscow State Law University n.a. O.E. Kutafin, MGIMO University, RUDN University, The Institute of Legislation and Comparative Law under the Government of the Russian Federation, High School of Economics, Nijny Novgorod State University n.a. N.I. Lobachevsky, The Ural State Law University, Yaroslavl State University, academics from universities of EAEU Member States, as well as judges of the Court of Eurasian Economic Union. During the conference, the participants considered the main problems of the theory and methodology of international law, the role of international organizations in ensuring the international law, the role of international judicial institutions, as well as theoretical problems of legal integration in international and domestic law. The authors of this publication acquaint the readers with the programme, the main contents of the participant’s presentations and the results of the conference.
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Blagov, Yury. "COMPETENCE OF LOCAL SELF-GOVERNMENTS: DEBATABLE ISSUES." Law Enforcement Review 1, no. 4 (January 10, 2018): 117–28. http://dx.doi.org/10.24147/2542-1514.2017.1(4).117-128.
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Subject. The article is devoted to the discussion issues of competence of local self-government.The purpose of this paper is to show that the federal government passes such laws in order to build a single “power vertical” from a rural settlement to a constituent entity of the Russian Federation and above, since from his point of view it is easier to carry out public administration.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.Results, scope of application. The competence of local self-government bodies consists of two parts: compulsory competence and optional competence. The compulsory competence includes issues of local importance of municipalities and certain transferred state powers. The optional competence of local self-government bodies includes the rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities and other issues not within the competence of local government bodies and not excluded from their competence by federal and regional legislatures. Certain transferred state powers should not prevail over the powers related to the solution of issues of local importance and determine the functional purpose of local self-government bodies as such. It can be assumed that by their nature they should be related to the immediate interests of the local population.The rights of local self-government bodies to resolve issues not related to issues of local importance of municipalities are neither issues of local significance nor transferred by separate state powers. The meaning of their consolidation in Federal Law No. 131-FZ is to transfer to the local self-government authorities of powers which the state authorities cannot perform, but without the transfer of the corresponding material resources and financial resources that local governments should seek independently. The author offers his own solutions of this problem.The author criticizes the institution of redistribution of powers, since this institution contradicts the Constitution of the Russian Federation and the European Charter of Local Self-Government and comes to the conclusion that the issues of local importance of different types of municipalities overlap, as well as duplicate part of the powers of state authorities of the subjects of the Russian FederationConclusion. The new attempt to build a single vertical of power, which has been repeatedly undertaken in the history of Russia, is doomed to failure with all the ensuing consequences, especially acute during the economic crisis.
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Kravets, Anna. "Public law and municipal leadership and territorial public self-government: legal, institutional and communicative aspects." Право и политика, no. 3 (March 2021): 47–60. http://dx.doi.org/10.7256/2454-0706.2021.3.35377.
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This article reveals the public law concept of “leadership”, theoretical grounds of municipal leadership, its role within the system of municipal democracy and territorial public self-government from the perspective of integral legal understanding and a communicative approach towards law. The goal of this research consists in the analysis of conceptual and normative legal framework of the institutions of public law and municipal leadership, impact of the institution of leadership upon development of the forms of municipal democracy in the context of Russian and foreign experience, as well as peculiarities of the influence of the institution of public law leadership upon the forms of governance in territorial public self-government The subject of this research is the scientific views, normative legal framework of regulation, organizational practice of the institution of public law and municipal leadership in territorial public self-government in the context of functionality of the forms of municipal democracy. The article employs the formal legal and comparative analysis, methods of dialectics, municipal legal hermeneutics, communicative approach, and critical rationalism in legal studies, which allows viewing the municipal leadership as a complex interdisciplinary legal and administrative institution that assists the implementation of the forms of municipal democracy, and improves the effectiveness of the territorial self-government in cooperation with branches and officials of the local self-government. The following conclusions are made: the institution of public law leadership should be viewed as interdisciplinary, which incorporates the sphere of public law on the one hand, and the sphere of state and municipal administration on the other hand; the works of the Russian and foreign researchers indicate that the concepts of transformational leadership, leadership-service and adaptive leadership can be analytically applied to the institution of municipal leadership; it is necessary to improve the institution of public law and municipal leadership, and ensure new spheres of juridification of the requirements for the heads of territorial self-government on the federal and municipal levels.
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Magomedova, P. R. "State council in the light of the 2020 constitutional reforms." Law Нerald of Dagestan State University 39, no. 3 (2021): 52–55. http://dx.doi.org/10.21779/2224-0241-2021-39-3-52-55.
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The article analyzes the prerequisites for changing the legal status of the State Council of the Russian Federation, analyzes the Federal Law "On the State Council of the Russian Federation" dated December 8, 2020 No. 394-FZ and studies the changes that came into force in the light of the constitutional reforms of 2020. According to this Law, the State Council of the Russian Federation should become a real mechanism of public power in Russia, while remaining an advisory body and a platform for coordinating the interests of the regions and the center. The author conducted a comparative analysis of the State Council, which acted in accordance with the Presidential Decree of 2000, and the law adopted in 2020. Based on the conducted research, the author concludes that the amendments to the Constitution of the Russian Federation adopted in 2020 are timely and necessary in order to restore the existing government.
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Fluker, Shaun, and Jocelyn Stacey. "The Basics of Species at Risk Legislation in Alberta." Alberta Law Review 50, no. 1 (August 1, 2012): 95. http://dx.doi.org/10.29173/alr269.
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This article examines Alberta’s Wildlife Act and the federal Species at Risk Act (SARA) to assess the legal protection of endangered species in Alberta. Most of the discussion relates to provisions contained in SARA, as there is comparatively less to discuss under the Wildlife Act. The fact that legal protection for endangered species in Alberta consists primarily of federal statutory rules is unfortunate, as wildlife and its habitat are by and large property of the provincial Crown, and it is a general principle of constitutional law that the federal government cannot in substance legislate over provincial property under the guise of a regulatory scheme. The legal protections in SARA are, thus, for the most part restricted to species found on federal lands and to species that fall under federal legislative powers. This article demonstrates that the Alberta government has chosen to govern species at risk almost entirely by policy and discretionary power. The limited application of federal protections to provincial lands and the absence of meaningful protection in the Wildlife Act leads the authors to conclude that, despite a perception of legal protection for endangered species, such protection does not exist in Alberta.
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Kinney, Eleanor D. "Comparative Effectiveness Research under the Patient Protection and Affordable Care Act: Can New Bottles Accommodate Old Wine?" American Journal of Law & Medicine 37, no. 4 (December 2011): 522–66. http://dx.doi.org/10.1177/009885881103700402.
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The Patient Protection and Affordable Care Act (PPACA), as amended by the Health Care and Education Reconciliation Act of 2010, initiated comprehensive health reform for the healthcare sector of the United States. PPACA includes strategies to make the American healthcare sector more efficient and effective. PPACA's comparative effectiveness research initiative and the establishment of the Patient-Centered Outcomes Research Institute are major strategies in this regard. PPACA's comparative effectiveness research initiative is one in a long line of federal initiatives to address the rising costs of healthcare as well as to obtain better value for healthcare expenditures. The key question is whether the governance and design features of the institute that will oversee the initiative will enable it to succeed where other federal efforts have faltered. This Article analyzes the federal government's quest to ensure value for money expended in publically funded healthcare programs and the health sector generally. This Article will also analyze what factors contribute to the possible success or failure of the comparative effectiveness research initiative. Success can be defined as the use of the findings of comparative effectiveness to make medical practice less costly, more efficient and effective, and ultimately, to bend the cost curve.
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Melo Araujo, Billy A. "UK post-Brexit trade agreements and devolution." Legal Studies 39, no. 4 (June 28, 2019): 555–78. http://dx.doi.org/10.1017/lst.2019.3.
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AbstractThis paper examines the role to be played by the devolved administrations in the negotiation, conclusion and implementation of trade agreements concluded by the UK post-Brexit. By examining, from a comparative perspective, examples of collaborative frameworks between sub-national entities and central governments established in federal jurisdictions, it proposes a significant reform of existing inter-governmental cooperation mechanisms to ensure that the devolved administrations are given a meaningful voice in the shaping of future trade agreements.
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Golubeva, L. A. "Termination of powers of the president of the russian federation: legal gaps." Russian Journal of Legal Studies 2, no. 1 (March 15, 2015): 164–66. http://dx.doi.org/10.17816/rjls18005.
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Modern Russian constitutional law establishes the legal status of the head of state as the underlying implementation of public administration. The need for compliance with democratic tendencies of the Republican form of government entails the requirement of changing the head of state. System analysis of the existing provisions of the Constitution of the Russian Federation and other Federal law allows you to identify gaps in regulation and suggest ways for them to meet. Termination of powers of the President of the Russian Federation is of interest in connection with the importance of the impact of the Russian President on public administration and society in General. To achieve the objectives of the study used the methods of analysis and synthesis, the method of historical retrospective and comparative legal method, proposed solutions to the identified problems using a synergistic approach.
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Ermakova, Elena P. "Digitalization of civil proceedings in the USA: consolidation of the procedure for electronic disclosure of evidence (“e-discovery”)." Gosudarstvo i pravo, no. 11 (2022): 155. http://dx.doi.org/10.31857/s102694520022769-6.
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The article notes that electronic disclosure of evidence (“e-discovery”) refers to the disclosure of evidence during the pre-trial stage of court proceedings, such as civil proceedings (litigation) or government investigations, when the requested information is in electronic format. Electronic information is considered different from paper because of its immaterial form, volume, transience and impermanence. Electronic information is usually accompanied by metadata, which is not present in paper documents and which can play an important role as evidence. The main document that allowed the digitalization of US civil proceedings was the amendments of 2006 and 2015 to the Federal Rules of Civil Procedure governing the conduct of Court proceedings in US federal Courts. It is emphasized that one of the most hotly contested aspects of electronic disclosure of evidence has become the problem of electronic data security. The destruction of emails and other electronic data is as egregious and punishable by the court as the destruction of other documentary evidence related to a civil lawsuit. The decision in the case “Zubulake v. UBS Warburg” 2005 established important practices regarding “e-discovery”. In addition, this decision showed that various specialists can be involved in the project of electronic disclosure of evidence: lawyers of the parties, forensic experts, IT managers and office managers. In this regard, the comparative analysis of the above issues is of particular importance.
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Albiston, Catherine R., and Laura Beth Nielsen. "Funding the Cause: How Public Interest Law Organizations Fund Their Activities and Why It Matters for Social Change." Law & Social Inquiry 39, no. 01 (2014): 62–95. http://dx.doi.org/10.1111/lsi.12013.
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Most of the work of public interest law organizations does not make money. How do these organizations survive, given the economic realities of law practice? Drawing on survey data from a national random sample of public interest law firms, we investigate how funding models vary across public interest organizations and how funding sources affect these organizations’ activities. We find funding structures have, over time, shifted away from foundation support toward government grants. Compared to other organizations, however, conservative organizations draw significantly less of their budget from federal and state grants, and significantly more of their budget from private contributions. Conservative organizations are significantly less likely than other organizations to rely on funding that prohibits engaging in class actions, receiving attorney's fees, or lobbying. Respondents reported that funding restrictions hamper their ability to negotiate favorable settlements, bring about systemic change, and represent vulnerable client communities. We close with a comparative institutional analysis of different funding models.
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Zolotareva, A. B. "Reflection of project and program management principles in the budget legislation of Russia." Ars Administrandi (Искусство управления) 13, no. 3 (2021): 285–308. http://dx.doi.org/10.17072/2218-9173-2021-3-285-308.
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Introduction: the article is devoted to the analysis of normative acts regulating the application of project and program management principles in the budget planning process in Russia. Objectives: to assess the regulatory framework of project and program management for its integrity, consistency and compliance with budget legislation and international standards of program and project management; to formulate the areas to optimize program and project budgeting in Russia. Methods: the research uses methods of comparative legal and system analysis. Results: the main issues in legal regulation in the field of research are identified, including: non-compliance of the actual strategic planning procedure with the requirements of the federal law; excessive number and mutual duplication of the content of project and program documents in the absence of their clear hierarchy; non-compliance in the Russian legislation with such basic principles of project and program management as the limited time of the goals and objectives in program documents, concentration of powers to manage projects (programs) and responsibility for their results in the same position; the actual withdrawal of the legislative power and the Russian Government from participation in program and project management; dual power in industry management. Conclusions: to overcome the above shortcomings the following measures, among all, are advisable: to fix the status of national projects in the Federal Law “On strategic planning in the Russian Federation” as the fundamental planning documents; to include data on the volume of their financial support and main activities in national projects, excluding current costs and measures already listed in the state programs; to restore the powers of the Russian Government to give approval on the national projects content (passports) as well as the federal projects outside the national ones; to bridge the gap between the powers and responsibilities of program (project) managers.
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Lebedev, V. A., and E. I. Lebedeva. "Provision of paid medical services: clarify the rules for medical institutions." Buhuchet v zdravoohranenii (Accounting in Healthcare), no. 9 (September 1, 2021): 70–79. http://dx.doi.org/10.33920/med-17-2109-08.
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The initiatives of the Government of the Russian Federation concerning the clarification of the rules for the provision of paid medical services are considered. For medical budget institutions, it is significant that such services are proposed to be regulated not only by the Federal Law “On the Basics of Public Health Protection in the Russian Federation”, but also by the Law of the Russian Federation ”On Consumer Rights Protection”. A comparative analysis of the previous and new versions of the Rules for the Provision of Paid Medical Services by medical organizations is carried out. The financial aspects of the activities of budgetary medical institutions, their property rights and the limits of the exercise of these rights are considered. The new requirements to the form and content of the contract for the provision of paid medical services, the features of the remote method of its conclusion are considered.
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Lafuente Balle, José María. "El art. 155 de la Constitución española: examen doctrinal y comparado // Section 155 of the Spanish Constitution: doctrinal and comparative examination." Revista de Derecho Político 1, no. 102 (July 31, 2018): 79. http://dx.doi.org/10.5944/rdp.102.2018.22389.
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Resumen:El art. 155 de la Constitución regula la coerción federal (federal coercion) con un texto inspirado en el art. 37 de la Ley Fundamental de Bonn, si bien presenta alguna importante diferencia, particularmente por la distinta configuración electoral del Senado y el Bundesrat. Su redacción es un ejemplo característico de la ambigüedad propia de los preceptos constitucionales; y su interpretación padece de que carece de desarrollo legislativo y precedentes históricos. Con su Resolución de 27 de octubre de 2017, el Senado ha aplicado por vez primera el art. 155 por entender que la Generalitat había incurrido en desobediencia a la Constitución. La autorización al Gobierno central conllevó el cese del Gobierno de Cataluña y la posterior disolución del Parlamento autonómico. Dos han sido los recursos de inconstitucionalidad instados, respectivamente, por el grupo parlamentario de Unidos-Podemos y por la Diputación Permanente del Parlamento de Cataluña. En este trabajo se aborda su análisis jurídico y se arriesga el vaticinio de Sentencia que habrá de dictar el Tribunal Constitucional.Summary:1. Introduction: A highly political, ambiguous and vague rule; 2. Section 155 and regional tenseness. Examples of Comparative Law; 3. The unavoidable reference to the federal coercion in Germany. Section 155 and its comparison with section 37 of the Fundamental Law of Bonn; 4. The STGC of 5th of March, 1936; 5. The state coercion of section 155; 6. The former formal procedures to the state coercion of section 155; 7. The supposed facts in which section 155 is applicable; 8. The procedure of the state coercion; 9. The measures covered by section 155; 10. The exceptional political and legal application of section 155; 11. The injuction of the Spanish Government and the Order of the Spanish Senate of 27th of October, 2017; 12. The application of the state coercion of section 155 in Catalonia; 13. The procedural question of the judicial review of the Order of the Senate; 14. The motion filed by the political party UNIDOS-PODEMOS claiming that the application of section 155 is against the Spanish Constitution; 15. The Opinion 14/2017 of the Catalan Consell de Garanties Estatutarias. The motion filed by the Catalan Parliament for judicial review against the Order of the Spanish Senate; 16. The material question: Does the bloque de constitucionalidad entails a limit before section 155?Abstract:Section 155 of the Spanish Constitution regulates federal coercion by means of a text inspired in section 37 of the Fundamental Law of Bonn, although the former presents some important differences, especially due to the different electoral configuration of the Spanish Senate and the Bundesrat. The wording of section 155 is a good example of the characteristic ambiguity of constitutional texts. Its interpretation suffers from a lack of legislative development and former precedents. By means of the Order of 27th of October, 2017, the Spanish Senate has applied for the first time section 155, understanding that the Catalan Generalitat had violated the Constitution. The authorization given to the Spanish Government entailed the dismissal of the Autonomous Government of Catalonia and the dissolution of the Autonomous Parliament. Two motions have been filed,one by the parliamentary group Unidos-Podemos, and another by the DiputaciónPermanente of the Parliament of Catalonia. This paper tackles the legal analysis of section 155, and risks predicting the future ruling of the Spanish Constitutional Court.
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Wurster, Stefan, and Christian Hagemann. "Expansion of Renewable Energy in Federal Settings: Austria, Belgium, and Germany in Comparison." Journal of Environment & Development 29, no. 1 (November 26, 2019): 147–68. http://dx.doi.org/10.1177/1070496519887488.
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In the face of accelerating climate change, the transition towards a nonnuclear renewable energy system represents a key political challenge, which can be aggravated by the increasing energy supply uncertainty created by the shift away from fossil fuels. In this article, we conduct a comparison of the expansion of renewable energy sources in Austria, Belgium, and Germany at the level of their subnational units (federal states), thereby covering three economically very important central European federal European Union members. We consider potentially influential factors in a fuzzy-set qualitative comparative analysis: In addition to state-specific socioeconomic and geographical characteristics, political factors, such as parties in government, and specific energy-related policy instruments are included in the analysis. We find that a high potential for renewable electricity expansion in combination with low financial prosperity is most likely to lead to a successful expansion of renewable electricity production from wind and photovoltaics.
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Shpakova, R. N., and I. S. Demakov. "Community-Minded Activity Federal Project: Project Implementation Analysis and Risk Minimization." Journal of Law and Administration 18, no. 3 (October 18, 2022): 61–72. http://dx.doi.org/10.24833/2073-8420-2022-3-64-61-72.
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Introduction. This article compares the provisions of the Community-Minded Activity Federal Project with other policy documents in similar areas of government regulation. The comparative study shows that it is safe to assume that attaining the goals of the project and its implementation are successful, since the achieved results are substantially higher than the targets. Certain issues were, however, found to pose potential risks to the effectiveness of the project. Study materials and methods. The study materials include the Community-Minded Activity project worksheet; Russia’s 2025 Volunteering Promotion Concept, the target-oriented departmental program to promote supplementary education for children and identify and support people with outstanding abilities, and some other regulatory documents and information. The methodological basis of the study is general scientific methods: analysis, synthesis, deduction, induction, comparative law research, system analysis.Findings of the study. The study found that despite restrictions on social activity due to the COVID-19 pandemic, the Community-Minded Activity project was successfully carried out in 2018–2021, delivering substantially better results than planned. It was, however, found that certain issues might make the project less effective.Discussion and conclusion. The grant competition approach used as the main method to select recipients of financial support for regional best practices in volunteering and provide support for young talent is not fully consistent with the project’s goals of covering the widest possible range of people.The main measures taken under the project are not fully instrumental in achieving the project’s goals because they are limited in number and insufficiently systematic. In this respect, the project is inferior to some other policy documents with the same issues and goals. Using the approaches contained in these documents to expand the tool kit of the adjusted project should help enhancethe effectiveness of the project.
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Tsoy, I. V., and P. I. Zaynullina. "A Comparative Analysis of State Youth Policy in Russia and the Republic of Korea." Bulletin of Irkutsk State University. Series Political Science and Religion Studies 38 (2021): 65–72. http://dx.doi.org/10.26516/2073-3380.2021.38.65.
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The article presents main directions, priorities, and goals of youth policy in Russia and the Republic of Korea. Transitional processes and features of the state youth policy, as well as the key provisions set out in the main legislative acts, have been considered in a comparative aspect. Regarding Russia the authors revised the Federal Law “On Youth Policy in the Russian Federation” of December 31, 2020, and the Order of the Government of the Russian Federation of November 29, 2014, “On the Foundations of State Youth Policy until 2025”. The Republic of Korea is examined with the Basic (November 20, 2020) and Framework (August 5, 2020) Laws of youth and the Sixth Basic Plan for Youth Policy 2018–2022. For the Republic of Korea this is a main document that defines national youth policy in the coming years. The study aims to correlate basic principles and priorities of youth policy in both countries.
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Kozhevnikov, Oleg A., and Irina V. Glazunova. "Protection of the economic basis of local self-government in the decisions of the Constitutional Court of Russia." Law Enforcement Review 4, no. 2 (June 30, 2020): 73–84. http://dx.doi.org/10.24147/2542-1514.2020.4(2).73-84.
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The subject. The article is devoted to the analysis of decisions of the Constitutional Court of
Russia concerning the economic basis of local government in Russia in order to demonstrate
the special role of its legal positions in ensuring and protecting the economic foundations
of local self-government in the Russian Federation. The subject of the article is legal acts
and decisions of the Constitutional Court of Russia devoted to the economic foundations of
local self-government in Russian Federation.
The aim of the article is to confirm or disprove the following hypothesis. As it seems from
the practice of the Constitutional Court of Russia, the existing system of implementing the
regulatory framework of the economic basis of municipalities in Russia is unsatisfactory,
while the Constitutional Court of Russia, through the development of its legal positions,
smoothes out the negative aspects and sets up legislative and executive authorities to create the necessary conditions for the development of local government and to ensure its
economic and organizational independence. The methodology. The authors apply general scientific methods of comparative, logical and
statistical research, as well as analysis of Russian law enforcement and judicial practice in
the field of local self-government.
The main results, scope of application. Despite the provisions of the European Charter of
Local Government on the right of local governments to possess sufficient own financial resources, the reality shows a very deplorable picture of the formation of the regulatory
framework of the economy of municipalities in Russia. The existence of very heterogeneous
judicial practice, primarily arbitration, makes the situation worse. In this regard, a special
role in protecting the economic foundations of local government is assigned to the Constitutional Court of Russia.
Conclusion. The issues of legal regulation of the economic basis of local government need increased attention of the state and urgently require a deliberate change, primarily in the form
of developing a federal state policy, taking into account the practice already developed by the
Constitutional Court of Russia. It is the highest federal body of constitutional justice that often
acts as the last bastion of protecting the economic potential of local government.
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Robardet, Patrick. "Processus décisionnels, justice naturelle et équité procédurale dans la jurisprudence comparée de la Cour fédérale et des cours ontariennes et québécoises." Les Cahiers de droit 23, no. 3 (April 12, 2005): 687–771. http://dx.doi.org/10.7202/042512ar.
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Natural justice and fairness (the « new natural justice ») are well known notions of administrative law. They constitute traditional and newer limits on administrative action. This article analyses these two principles, both as to their nature and the extent to which they are respected by administrative bodies and by government (the Crown and central departments). This latter aspect is illustrated by cases pertaining to the judicial control exercised by the Federal Court of Canada and the Ontario and Quebec superior courts. The approach followed is a comparative one. The paper attempts to identify those judicial trends within the three systems studied which [emphasize] [differences and similarities] in their responses to the various practical issues raised by natural justice and fairness and their respect in administrative decision-making processes. Thus, the study attempts to retrieve from the case law considered those notional and methodological elements, or principles, which structure judicial control and judical reasoning in solving the issues raised by the processes in motion.
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Barabash, A. S., and A. L. Repetskaya. "Criminal bankruptcy: comparative analysis and problems of legislative regulation in Russian legislation." Siberian Law Herald 2022.2 (2022): 88–97. http://dx.doi.org/10.26516/2071-8136.2022.2.88.
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The article presents a comparative analysis of the regulation of liability for criminal bankruptcy under the laws of the Russian Federation and countries such as the USA, Germany, Spain, France, Great Britain, Australia. At the same time, not only the current criminal legislation regulating liability for committing crimes in the field of bankruptcy was considered, but also other laws that carry out its legal regulation. Since the registration of crimes related to criminal bankruptcy in the Russian Federation is declining, they are poorly disclosed, and law enforcement practice often considers the actions of suspects as normal relations of economic entities regulated by the Federal Law “On Insolvency (Bankruptcy)” and the Civil Code of the Russian Federation, there are significant difficulties in attracting such persons to criminal liability. In this regard, solving similar problems in the legislation of other countries, identifying the most appropriate and effective ways of government response to criminal bankruptcies was the goal of this study. A comparative analysis of foreign and Russian legislation has shown that in other countries, when regulating liability for various types of criminal bankruptcy, other types of liability are more often used. As a result, it was concluded that criminal law does not always play a decisive role in counteracting criminal bankruptcy, which should be taken into account when improving Russian legislation in this area. This means that countering these economic crimes can be no less effective without the use of criminal repression, but at the same time, the level of inevitability of responsibility can be higher due to the use of other types of it.
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Wolman, H., and M. Goldsmith. "Local Government Fiscal Behaviour and Intergovernmental Finance in a Period of Slow National Growth: A Comparative Analysis." Environment and Planning C: Government and Policy 5, no. 2 (June 1987): 171–82. http://dx.doi.org/10.1068/c050171.
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Most recent analysts suggest that many local governments are facing serious fiscal difficulties. This article contains reviews of the experience of nine nations, between 1976 and 1982, in terms of the impact of slow economic growth on local expenditures, particularly in terms of changes in intergovernmental grants, and this is followed by an examination of the kinds of revenue and expenditure adjustments which local authorities have made in the light of these changes. Generally speaking, the results reveal that although national government expenditure patterns vary during the latter part of the review period, in all cases grants were singled out as a target for expenditure reductions, and that there were few distinctions between federal and unitary systems. In most countries, local authorities responded by increasing local tax receipts, and most did not suffer any decline in total revenues in real terms, though revenues increased less rapidly during the latter part of the review period when economic growth was generally slower. Revenues were maintained largely by increases in nontax revenues and then by increases in taxes. However, the most intriguing finding is the variability in the behaviour of local fiscal systems in the nine countries studied. The paper is concluded with some tentative suggestions of explanations for this variability.
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Broslavsky, L. I. "Court and Environment Protection in USA." Pravosudie / Justice 2, no. 2 (June 11, 2020): 67–86. http://dx.doi.org/10.37399/issn2686-9241.2020.2.67-86.
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Introduction: The article discusses one of the essential problems the global community faces that demands international solutions – environmental protection. Environmental policies have become one of the important government functions in industrialized countries, and are needed to be carried out by all branches of power. The judicial branch is one of them. Theoretical Basis. Methods. The theoretical basis of the research is the works of scientists of the political and legal systems of Russia and the United States. The author used a comparative analysis of Russian and American court practices relating to environmental protection. Results. There are two separate and parallel court systems in the United States, Federal and State. US environmental law includes statutes and regulations (written laws by legislative and executive branches) and common law (precedent law through judicial decisions). The structure and practice of the American court systems is of interest and potential use to Russian scholars and professionals. Discussion and Conclusion. Legal actions in court are essential to ensure compliance with the law, environmental protection, and safeguarding of the constitutional right of citizens to live in a safe and healthy environment as an indispensable part of the quality of life.
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Broslavsky, L. I. "Court and Environment Protection in USA." Pravosudie / Justice 2, no. 2 (June 11, 2020): 67–86. http://dx.doi.org/10.37399/issn2686-9241.2020.2.67-86.
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Introduction: The article discusses one of the essential problems the global community faces that demands international solutions – environmental protection. Environmental policies have become one of the important government functions in industrialized countries, and are needed to be carried out by all branches of power. The judicial branch is one of them. Theoretical Basis. Methods. The theoretical basis of the research is the works of scientists of the political and legal systems of Russia and the United States. The author used a comparative analysis of Russian and American court practices relating to environmental protection. Results. There are two separate and parallel court systems in the United States, Federal and State. US environmental law includes statutes and regulations (written laws by legislative and executive branches) and common law (precedent law through judicial decisions). The structure and practice of the American court systems is of interest and potential use to Russian scholars and professionals. Discussion and Conclusion. Legal actions in court are essential to ensure compliance with the law, environmental protection, and safeguarding of the constitutional right of citizens to live in a safe and healthy environment as an indispensable part of the quality of life.
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Krylov, V. A. "Overview of global IVF reimbursement practices." Pharmacoeconomics: theory and practice 9, no. 4 (December 15, 2021): 12–16. http://dx.doi.org/10.30809/phe.4.2021.2.
Full textAbstract:
This article describes the differences in approaches to the reimbursement of IVF procedures in different countries. A comparative analysis of the regulatory framework has shown that in the EU countries there is a tendency to curb government spending by introducing restrictions on the total number of reimbursable cycles and the introduction of co-payments from patients. There is no federal law in the United States regulating the reimbursement of funds spent on assisted reproductive technologies, but 15 states have a mandate to cover infertility treatment. In Australia, financial support for married couples is provided when their own annual expenses for infertility treatment exceed one thousand Australian dollars. In Russia, a patient with infertility can receive two IVF cycles per year, but the total number of repeated cycles funded by the OMI is not limited.