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1
Massard da Fonseca, Elize, Francisco Inácio Bastos et Gilberto Lopes. « Increasing Access to Oral Anticancer Medicines in Middle-Income Countries : A Case Study of Private Health Insurance Coverage in Brazil ». Journal of Global Oncology 2, no 1 (février 2016) : 39–46. http://dx.doi.org/10.1200/jgo.2015.001917.
Texte intégralRésumé :
The World Health Organization estimates that approximately 60% of the world’s new annual cancer cases occur in Asia, Africa, and Central and South America, and that 70% of cancer deaths occur in these regions. Although oral chemotherapy is a promising intervention for cancer treatment, given its high cost, it is usually unavailable in middle-income countries. In 2013, after strong lobbying from civil society, Brazil's Congress passed legislation mandating that all private health insurance companies provide access to oral antineoplastic treatment. The decision to scale up the provision of oral chemotherapy was a watershed event in the regulation of private health insurance in Brazil. Until then, private insurers, which cover 25% of the population, were exempted from the provision of pharmaceutical drugs for home care treatments. This article explores the political process involved in regulating the provision of oral chemotherapy medicines by private health insurers. Elements of this successful advocacy case included investment in strategic communication, specialized knowledge of regulatory policy, and the ability to act via democratic channels of political representation. In turn, the receptiveness of government branches such as the Congress and regulating bodies, as well as the Cancer Awareness Month campaign, opened a window of opportunity. However, prospects for expanded access to such medicines in the public health system are bleak in the short term because of the ongoing political and economic crisis.
2
Barnes, Tiffany D., et Gregory W. Saxton. « Working-Class Legislators and Perceptions of Representation in Latin America ». Political Research Quarterly 72, no 4 (15 février 2019) : 910–28. http://dx.doi.org/10.1177/1065912919829583.
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How does the near-exclusion of working-class citizens from legislatures affect citizens’ perceptions of representation? We argue that when groups of people are continually denied access to representation, citizens are less likely to believe that their interests are represented by the legislature. By contrast, more inclusive institutions that incorporate members of the working class foster support for representative bodies. Using a multilevel analysis of eighteen Latin American countries—a region plagued by disapproval of and disenchantment with representation—we find that greater inclusion of the working class is associated with better evaluations of legislative performance. These findings have important implications for strengthening democracy in Latin America, as they indicate that more diverse political institutions may be key to deepening citizens’ attachments to representative bodies.
3
DeRogatis, Amy. « Christian Bodies, Blood, and Feelings in America ». Church History 85, no 2 (27 mai 2016) : 350–52. http://dx.doi.org/10.1017/s0009640716000056.
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In Emptiness: Feeling Christian in America, John Corrigan delivers a sweeping study of the dialectic between emptiness and fullness in American Christianities. He draws from an impressive breadth of sources both over time and within different forms of American Christianity to explore how Christians have integrated the feelings of emptiness and, in turn fullness, as central to their identities, beliefs and practices. At the outset of the book Corrigan explains, “The practice of Christianity that was grounded in the feeling of emptiness, however, was not ambiguous. Christians determinedly chased the feeling of emptiness, valorized it as a longing for God, and performed devotions to prompt and deepen it.” He unpacks this argument in five chapters devoted to feelings, bodies, spaces, times, and believers.
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Liu, Qiucen. « The system and development of People’s Republic of China legislation ». Vestnik of Saint Petersburg University. Law 11, no 3 (2020) : 666–78. http://dx.doi.org/10.21638/spbu14.2020.309.
Texte intégralRésumé :
The article describes the current stage of development of the People’s Republic of China, which is distinguished by the specifics used by the author. Legislative activity in the PRC as a special procedure reflecting the will of the ruling class and supporting the coercive one. The concept of “law” today includes the activities in China of central and local authorities, individual administrative bodies for the adoption of bodies, decrees, administrative acts. According to the PRC Constitution, the National People’s Congress (NPC) and its permanent body, the NPC Standing Committee, are the legislative branch. Within the autonomous administrative territories of the PRC, its legislative power, determined by the Constitution of the PRC, operates. The author turns to the history of Chinese legislation, dwelling separately on the features of autonomous territories and special administrative systems. In the conclusion of the study, three problems emerge from the theory and practice of the PRC legislation: clarification of the guidelines; determination of rights and obligations in the field of legislation; unification of the legislative process. Discussion regarding principles does not currently cross the threshold of science, proposals for practical implementation can be implemented in the future. There are no rights and obligations in the field of legislation, and the problem of risky confusion arises from the two-tier system of legislative bodies and how they are delegated. Finally, the unification of the legislative process is also important, which consists of revising old acts and adopting new achievements of the goal of the current social and technological demands of the state and society.
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Pereira, Cesar, et Leonardo F. Souza-McMurtrie. « The development of arbitration involving State Parties in Brazil : comparative remarks with Latin America ». Revista Brasileira de Arbitragem 19, Issue 75 (1 septembre 2022) : 36–58. http://dx.doi.org/10.54648/rba2022027.
Texte intégralRésumé :
Arbitration involving state entities in Brazil has a long history. This paper analyses how this type of arbitration arose in Brazil, what were the strategies that Brazilian courts and legislative bodies employed to make it work and how do they compare to the rest of Latin America. This paper shows what were the key legal issues associated with resolving commercial conflicts with state parties in Brazil, how they were regulated and, most importantly, why arbitration became so relevant for state parties in Brazil, while other countries in Latin America avoid using the method. State entities; arbitration; Brazil; development; public.
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Vasilyev, Dmitry V. « Sources for Studying Administration Policy of the Russian Empire in the Kazakh Steppe in the 18th Century and in the First Half of the 19th Century from the Archives of Russia and Kazakhstan ». Herald of an archivist, no 3 (2018) : 892–901. http://dx.doi.org/10.28995/2073-0101-2018-3-892-901.
Texte intégralRésumé :
The article reviews major groups of sources on the administration policy of the Russian Empire in the Kazakh steppe in the 18th century and in the first half of the 19th century. Acts of law and legislative drafts make up the first group. Materials of the Asian and the Siberian Committees, supreme bodies directly involved in imperial policy-making in the Kazakh steppe, form the second group. Official correspondence (dispatches, official reports, statements, official notes, directions, and letters) of the major regional and central authorities that concern the carrying out the state policy in the southeast periphery are included in the third group. Studying laws, bills, and supporting materials allows not just to highlight changes in governmental views over time, but also to understand basic principles underlying state policies. Legislation concerning the Kazakh steppe was deposited in the archives of the State Council, the Governing Senate, the Committee of Ministers, the Asian Committee, the Siberian Committee, the Asian Department of the Ministry of Foreign Affairs. Some pertinent materials can be found in papers of the Siberian Prikaz and, in some measure, of the Ambassadorial Prikaz: they contain documents on the establishment of diplomatic and trade relations with the Kazakhs. Fonds of the governing bodies of the Russian Empire store unpublished legislation and documents on the legislative process (drafts, materials for their discussion, etc.), correspondence of high-ranking officials with regional administration and traditional Kazakh elite. Some legal documents of imperial lawmaking are deposited in archival fonds of central governing bodies – the Collegium of Foreign Affairs, the Ministry of Foreign Affairs, the Ministry of Internal Affairs, and the Ministry of War. A sizeable portion of materials on discussions of legislative drafts is stored in regional archives, in fonds of local (regional) administrative agencies (boards, offices of military governors and governor generals) and in the Central State Archive of the Republic of Kazakhstan.
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Esty, Kaisha. « “I Told Him to Let Me Alone, That He Hurt Me” : Black Women and Girls and the Battle over Labor and Sexual Consent in Union-Occupied Territory ». Labor 19, no 1 (1 mars 2022) : 32–51. http://dx.doi.org/10.1215/15476715-9475702.
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Abstract During the American Civil War, laboring African American women and girls in Union-occupied territory embarked on their own war over the use of their bodies. As fugitives, “contraband,” and refugees, displaced Black women and girls of liminal status confronted gender violence in conditions that often resembled the systemic sexual violence of slavery. As this article argues, central to this gender violence was the assumption that Black women were always willing to negotiate sex as part of their (nonsexual) labor. The introduction of wartime legislation protecting women from sexual assault was pivotal. In race-neutral terms, such legislation created a powerful avenue for refugee Black women and girls not only to seek sexual justice but also to challenge and redefine existing cultural and legal understandings of sexual consent. Analysis of testimonies to wartime sexual violence uncovers how formerly enslaved African American women and girls located their violation in relation to their sense of virtue, respectability, and sexual sovereignty. These testimonies mark a significant period of Black women's vocalization as liminal and stateless actors, prompting a reframing of histories of dissemblance, respectability, labor, and gender violence.
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Bezuglya, Anna A., Radmila E. Arutyunyan, Elena E. Kolpakova, Saidakhmed I. Mutsalov et Pavel A. C. Ngatheyo. « Functional interaction between public bodies ». Linguistics and Culture Review 5, S3 (4 novembre 2021) : 918–25. http://dx.doi.org/10.21744/lingcure.v5ns3.1666.
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This paper examines the constitutional approaches accepted in the Central African countries regarding the formalization of interaction between the chambers of parliaments. The study found that all constitutional texts of the considered group of countries as a universal (typical) form of interaction between the chambers of parliament consolidate the adoption of legislative acts; joint meetings (on the taking of their oath by the heads of states or members of the Constitutional Court, making a decision on the introduction of a state of emergency or siege in the country, dismissing the head of state, appointing officials, etc.); the formation of joint commissions and supreme bodies of state power, and the appointment of officials. It was noted that despite the "constitutional equality" of the chambers in terms of introducing bills, financial bills are submitted exclusively to the lower chamber of parliament. The ratification of international treaties by the chambers of parliament (Gabon, Congo) is classified as an atypical (specific) form of interaction between the chambers of parliaments.
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Solt, Frederick. « Electoral Competition, Legislative Pluralism, and Institutional Development : Evidence From Mexico's States ». Latin American Research Review 39, no 1 (2004) : 155–67. http://dx.doi.org/10.1017/s002387910003898x.
Texte intégralRésumé :
In presidential systems such as those of Latin America, the institutionalization of legislatures as autonomous representative bodies able to constrain executives and check abuses of power is an important aspect of democratization. Drawing on the experiences of Mexico's state governments, this paper seeks to explain differences in legislative institutionalization. It argues that pluralism within the legislature, rather than electoral competition in itself, provides the best explanation for institutionalization. A process-tracing analysis of the state legislature of Michoacán supports this argument, and a statistical analysis of Mexico's thirty-one states confirms that pluralism in the electorate does shape legislative pluralism—and so indirectly the extent of pressures for institutionalization—but reveals that differences in state electoral laws also play an important role.
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CARRUBBA, CLIFFORD J., MATTHEW GABEL et CHARLES HANKLA. « Judicial Behavior under Political Constraints : Evidence from the European Court of Justice ». American Political Science Review 102, no 4 (novembre 2008) : 435–52. http://dx.doi.org/10.1017/s0003055408080350.
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The actual impact of judicial decisions often depends on the behavior of executive and legislative bodies that implement the rulings. Consequently, when a court hears a case involving the interests of those controlling the executive and legislative institutions, those interests can threaten to obstruct the court's intended outcome. In this paper, we evaluate whether and to what extent such constraints shape judicial rulings. Specifically, we examine how threats of noncompliance and legislative override influence decisions by the European Court of Justice (ECJ). Based on a statistical analysis of a novel dataset of ECJ rulings, we find that the preferences of member-state governments—whose interests are central to threats of noncompliance and override—have a systematic and substantively important impact on ECJ decisions.
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LEONTIEVA, Lina. « Legislative changes in conduct of financial control by state authorities during the war ». Economics. Finances. Law 11/3, no - (30 novembre 2022) : 33–36. http://dx.doi.org/10.37634/efp.2022.11(3).6.
Texte intégralRésumé :
The paper provides a legal description of financial control (with regard to the activities of state bodies) as one of the means and methods of the state's controlling influence on the activities of the public sector in relation to subjects involved in various sectors of the economy. The problematic legal issues that arose during the introduction of martial law in Ukraine regarding the exercise of control over business entities are considered. The most effective means, measures and legislative acts adopted after February 24, 2022 are considered. The state of war made it possible to understand that the issues of increasing the activity of the controlling bodies themselves, namely transparency, accountability and efficiency of their activities, are gaining special relevance. The joint activity of central state authorities, local self-government bodies, control bodies and business entities of state and communal forms of ownership is considered. An effective system of financial control over the management of state (local) resources (public funds, non-current and other assets) and their use is not only a tool for guaranteeing the transparency, accountability and quality of the activities of state authorities, local self-government bodies and business entities, but also essentially an effective mechanism for ensuring the financial stability and security of the country during martial law, achieving the strategic goals of the state, the effectiveness of state policy, improving the quality of life of the population and, in particular, reforming the system of public finance management. Current legislation practically does not regulate the organization of internal (local) and public state financial control, which causes the absence of a unified system of financial control bodies at the level of territorial communities. The following conclusions were made in the paper: financial control is an important factor in increasing the efficiency of economic activity of economic entities (of various branches). And it has been proven that precisely during the war, such control plays a major role in state regulation of the economy. When delimiting the powers of control bodies, one should not forget about their interaction with each other. It is their coordinated work, the introduction of changes in legislation during wartime that can contribute to bringing Ukraine's economy to a much higher level. More than ever, during the war, all bodies must act in a coordinated manner and their actions must be aimed at ensuring the economic growth of individuals and legal entities - entrepreneurs.
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Barabash, N. V. « The first women-deputies in the Supreme Soviet of the BSSR of the first convocation ». Proceedings of the National Academy of Sciences of Belarus, Humanitarian Series 66, no 4 (9 novembre 2021) : 418–24. http://dx.doi.org/10.29235/2524-2369-2021-66-4-418-424.
Texte intégralRésumé :
The article, based on the introduction into scientific field a wide range of unknown sources, first shows the holding of elections and the election of deputies to the Supreme Soviet of the BSSR of the first convocation of 1938. The author considers the legal basis for theof the Central Executive Committee of the BSSR and the creation in accordance with the Constitution of the BSSR 1937 the highest legislative body of the republic – the Supreme Soviet. The author examines the policy of the Soviet government to include women to government and government bodies. A quantitative, social, educational analysis of women-deputies in the highest legislative body of the BSSR of the first convocation was carried out
13
Díreš, Marián. « ANALYSIS OF LOGISTIC PROVISION OF REVISIONS FOR CENTRAL STATE ADMINISTRATION BODIES ». Acta logistica 8, no 2 (30 juin 2021) : 189–97. http://dx.doi.org/10.22306/al.v8i2.227.
Texte intégralRésumé :
The implementation of information system modules in the conditions of state administration requires extensive project solutions. It differs from the implementation in the enterprise environment mainly by the nature of meeting the legislative conditions. Each implementation project is individual, and when designing its creation, it is necessary to take into account the content of an individual organizational components of the Ministry of the Interior of the Slovak Republic. This contribution aims to define the basic communication requirements that are placed on the information system for the operation of reserved technical equipment in the conditions of the Ministry of the Interior of the Slovak Republic. Knowledge of these requirements will allow setting the functionality of the information system for the operation of reserved technical equipment. The findings of the article and their application will save 20 - 40% of the total time, which will be appropriate to use to save on human resources or improve the activities of individual employees in the field of BOZP (occupational safety and health), operation of buildings, labour inspection. With proper predictive maintenance, the goal of reducing costs by 20% for individual more complex repairs, which are caused by neglect or omission of regular service, can be achieved. The application of research findings will have an impact on the reduction of accidents, accidents with long-term consequences or deaths caused by improper operation of technical equipment. The findings are appropriate to apply to employers with a number of facilities greater than 20.
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Nyane, Hoolo, et Mamello Rakolobe. « Women’s representation in Lesotho’s legislative bodies. A Politico-Legal Analysis of the Effectiveness of Electoral Gender Quotas ». Journal of African Elections 20, no 2 (1 octobre 2021) : 81–101. http://dx.doi.org/10.20940/jae/2021/v20i2a5.
Texte intégralRésumé :
Women are under-represented in legislative bodies in the majority of countries, and Lesotho is no exception to this worldwide trend. In an attempt to address this problem, the country has adopted, through electoral laws, electoral gender quota systems for both local and national legislative structures. The country has introduced a 30% gender quota requirement for election to the local councils at the local level. At the national level, it introduced a ‘zebra list’ – the condition that when political parties submit lists for the purposes of 40 proportional representation (PR) seats in the National Assembly, the names must alternate between those of men and women. The idea was to attain 50% representation of women in the National Assembly, at least for the 40 PR seats. The effectiveness of these two quota systems in enhancing women’s representation has been the subject of intense disagreement. The animating question is whether, since the adoption of gender quotas, the representation of women in legislative bodies has improved. The article investigates this question using the qualitative content analysis method. The central hypothesis is that electoral gender quotas in Lesotho, particularly at the national level, have not significantly improved the representation of women. The paper critiques the models used and makes some recommendations for reform.
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Nyane, Hoolo, et Mamello Rakolobe. « Women’s representation in Lesotho’s legislative bodies. A Politico-Legal Analysis of the Effectiveness of Electoral Gender Quotas ». Journal of African Elections 20, no 2 (1 octobre 2021) : 81–101. http://dx.doi.org/10.20940/jae/2021/v20i2a5.
Texte intégralRésumé :
Women are under-represented in legislative bodies in the majority of countries, and Lesotho is no exception to this worldwide trend. In an attempt to address this problem, the country has adopted, through electoral laws, electoral gender quota systems for both local and national legislative structures. The country has introduced a 30% gender quota requirement for election to the local councils at the local level. At the national level, it introduced a ‘zebra list’ – the condition that when political parties submit lists for the purposes of 40 proportional representation (PR) seats in the National Assembly, the names must alternate between those of men and women. The idea was to attain 50% representation of women in the National Assembly, at least for the 40 PR seats. The effectiveness of these two quota systems in enhancing women’s representation has been the subject of intense disagreement. The animating question is whether, since the adoption of gender quotas, the representation of women in legislative bodies has improved. The article investigates this question using the qualitative content analysis method. The central hypothesis is that electoral gender quotas in Lesotho, particularly at the national level, have not significantly improved the representation of women. The paper critiques the models used and makes some recommendations for reform.
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Nyane, Hoolo, et Mamello Rakolobe. « Women’s representation in Lesotho’s legislative bodies. A Politico-Legal Analysis of the Effectiveness of Electoral Gender Quotas ». Journal of African Elections 20, no 2 (1 octobre 2021) : 81–101. http://dx.doi.org/10.20940/jae/2021/v20i2a5.
Texte intégralRésumé :
Women are under-represented in legislative bodies in the majority of countries, and Lesotho is no exception to this worldwide trend. In an attempt to address this problem, the country has adopted, through electoral laws, electoral gender quota systems for both local and national legislative structures. The country has introduced a 30% gender quota requirement for election to the local councils at the local level. At the national level, it introduced a ‘zebra list’ – the condition that when political parties submit lists for the purposes of 40 proportional representation (PR) seats in the National Assembly, the names must alternate between those of men and women. The idea was to attain 50% representation of women in the National Assembly, at least for the 40 PR seats. The effectiveness of these two quota systems in enhancing women’s representation has been the subject of intense disagreement. The animating question is whether, since the adoption of gender quotas, the representation of women in legislative bodies has improved. The article investigates this question using the qualitative content analysis method. The central hypothesis is that electoral gender quotas in Lesotho, particularly at the national level, have not significantly improved the representation of women. The paper critiques the models used and makes some recommendations for reform.
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Romanov, Maksim Leonidovich. « Federal government bodies with special status and their public-power characteristics ». Vestnik of Astrakhan State Technical University 2022, no 2 (30 novembre 2022) : 79–88. http://dx.doi.org/10.24143/1812-9498-2022-2-79-88.
Texte intégralRésumé :
The article highlights the current state of the federal state bodies with a special status in domestic constitutionalism and administrative law. The key theoretical approaches to the definition of the essence and system (list) of these bodies are analyzed, the achievement of scientific unity in recognizing their specific position or special role in the mechanism of the Russian state is noted. The main differences between bodies with a special status and other state bodies, including public authorities, are identified and described. In addition, the feature of the constitutional legitimization of state bodies with a special status is substantiated, their non-belonging to the state authorities is proved in a new way, state-power specifics and characteristics (evidence) of their competence are revealed in detail. For the first time, the author's position is presented and formulated regarding the admissibility of the formation of the bodies in question only with federal status. As a result of combining the essential features of the federal state bodies of special status, their general definition and arguments are given in favor of the inconsistency of the position of scientists who rank among such bodies as the Presidential Administration, the Security Council, the Investigative Committee of the Russian Federation and the Russian Academy of Sciences. Legislative “presets” are examined, the characteristics and shortcomings in regulation of the status of the Central Bank of Russia, the Federal Accounts Chamber, the Commissioner for Human Rights in the Russian Federation, the Prosecutor’s Office and the Central Election Commission of Russia as federal state bodies with a special (constitutional) status are identified and analyzed.
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Best, Rebecca H., Sarah Shair-Rosenfield et Reed M. Wood. « Legislative Gender Diversity and the Resolution of Civil Conflict ». Political Research Quarterly 72, no 1 (10 juillet 2018) : 215–28. http://dx.doi.org/10.1177/1065912918785459.
Texte intégralRésumé :
Policy makers and scholars have shown increased interest in gendered approaches to peacemaking, even as evidence of women’s impact on peace processes has remained unclear. In this paper, we explore the influence of gender diversity among decision-making elites on the outcome of ongoing civil conflicts. Specifically, we argue that increased female representation within the national legislature increases the likelihood that a conflict terminates in a negotiated settlement. However, the impact of legislative female representation on conflict termination is conditioned by the power of the legislature vis-à-vis the executive, suggesting that gender diversity exerts a greater impact in states with more authoritative legislatures. We evaluate our hypotheses using data on the manner of conflict termination and the proportion of women in national legislatures between 1945 and 2009. Our results show support for the central argument, suggesting that increasing female representation within legislative bodies increases the likelihood of war termination via negotiated settlement.
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Ivankov, Igor A. « Legislative Regulation of the Activities of Intelligence-Gathering Units of the Penal System in Ensuring the Execution of Punishment ». Penitentiary science 15, no 3 (30 septembre 2021) : 642–49. http://dx.doi.org/10.46741/2686-9764-2021-15-3-642-649.
Texte intégralRésumé :
Introduction: the article analyzes legislative norms regulating the activities of operational units of the Federal Penitentiary Service of Russia. Aim: by analyzing the norms of the current intelligence-gathering, penal enforcement and criminal-procedural legislation, to put forward proposals for introducing amendments to certain norms so as to improve the effectiveness of legal regulation of the activities of operational units of the penal system. Methods: comparative legal method, empirical methods of description and interpretation, theoretical methods of formal and dialectical logic. Private scientific methods: legal-dogmatic method and the method of interpretation of legal norms. Results: having analyzed certain norms of the current intelligence-gathering, penal enforcement and criminal-procedural legislation, we see that the norms under consideration are in a certain contradiction, and there are also gaps in the legislative regulation of the activities of operational units of the Federal Penitentiary Service of Russia. Conclusions: we argue that structural operational units of the territorial and central management bodies of the Federal Penitentiary Service of Russia can conduct intelligence-gathering activities outside the territory of correctional institutions, including cases when such activities are conducted according to regulations set out as the tasks of intelligence-gathering activities in institutions executing sentences in the form of imprisonment. We also argue that operational units of the territorial bodies of the Federal Penitentiary Service of Russia can conduct intelligence-gathering activities aimed at establishing the location of convicts, those who have escaped from correctional institutions, their detention and delivery to the investigator (inquirer) for conducting investigative actions. We note legal gaps in the legislative regulation of these measures and propose amendments to legislative acts aimed at improving the effectiveness of law enforcement practice.
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Hohmann, Balázs. « Possibilities for Modernization of Conciliation Board Procedures in the Countries of Central and Eastern Europe - Online Dispute Resolution and Electronic Communication ». European Journal of Social Sciences 4, no 1 (15 mai 2021) : 18. http://dx.doi.org/10.26417/554xup42d.
Texte intégralRésumé :
Conciliation bodies are the main European forums for alternative dispute resolution for consumer disputes, providing an institutionalized opportunity to remedy consumer infringement cases quickly, cheaply and efficiently. The institution has excellent dispute resolution efficiency not only in Hungary, but also at the international level, which greatly contributes to the enforcement of the consumer protection legislation of the countries concerned. The scientific examination of the work of the bodies and the legislation related to them, the number of domestic and international scientific works resulting from them are modest, while the efficient operation of the bodies depends not only on practical and legal factors, but also on the theoretical basis. Although legislative reforms in this area have led to a number of innovations and modernizations, they have left untouched a number of theoretical and practical issues that also pose significant problems in law enforcement, such as the satisfactory settlement of cross-border disputes, electronic communication and even communication, that it is possible to involve artificial intelligence, other software solutions in decision-making or online dispute resolution within the framework of the procedure. Applied research on the operation of conciliation bodies covered bodies and bodies in Hungary, Romania and Slovakia. Due to the large number of consumer legal relations, the significance of these research results in the national economy cannot be considered negligible either. The research supported by the ÚNKP-20-3 New National Excellence Program of the Ministry for Innovation and Technology from the source of the National Research, Development and Innovation Fund.
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Kulyk, Ya I., et S. V. Zlyvko. « PROBLEMS OF TRANSFORMATION OF THE ADMINISTRATIVE AND LEGAL STATUS OF THE MINISTRY OF YOUTH AND SPORT OF UKRAINE ». Scientific Herald of Sivershchyna. Series : Law 2022, no 1 (31 mars 2022) : 30–39. http://dx.doi.org/10.32755/sjlaw.2022.01.030.
Texte intégralRésumé :
The scientific article is devoted to studying the peculiarities of the evolution and transformation of the administrative and legal status of the Ministry of Youth and Sport of Ukraine. In particular, special attention in the article is payed to the administrative and legal status of central executive bodies, which were responsible for the formation and implementation of state policy in the field of youth, physical culture and sport during the period of Ukraine’s independence. The scientific article notes that within thirty years after the proclamation of Ukraine’s independence, the system of central executive bodies in general and the relevant public administration body in the field of youth, physical culture and sport has undergone radical changes. In particular, it was determined that the central executive body that formulates and implements state youth policy and policy in the field of physical culture and sport has the status of the Ministry, the State Committee, the State Agency. In addition, it was combined with other areas of government, such as education, science, culture, tourism, etc. In our opinion, all the above-mentioned has led to problems while implementing proper public administration in the fields of youth, physical culture and sport. The scientific article also outlines the shortcomings in the functioning of the Ministry of Youth and Sport of Ukraine, primarily related to duplication of powers with other central executive bodies. As optimizing the system of central executive bodies did not always take into account all the nuances of sectoral governance, that led to legislative conflicts and gaps. In our opinion, the above-mentioned problems have led to the improper functioning of the Ministry of Youth and Sport of Ukraine in its various modifications and in accordance with the problems of management in the field of youth policy, physical culture and sport. Key words: ministry, agency, youth, physical culture, sport, management, regulation, transformation.
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KHOKHYCH, Dmytro. « Independence of central banks : index approach ». Fìnansi Ukraïni 2022, no 5 (8 juillet 2022) : 86–101. http://dx.doi.org/10.33763/finukr2022.05.086.
Texte intégralRésumé :
Introduction. Central bank independence in developed economies and emerging countries requires justi?cation of its status and consolidation of responsibility for price stability in its mandate. The status of the central bank is important for impartial monetary policy decision-making. Problem Statement. Consolidation of the central bank’s mandate at the legislative level raises the problem of status quanti?cation, which means a way to quantify the status of macroeconomic policy bodies. This leads to the expansion of the powers of the central bank on the index approach basis , which demonstrates a lower level of its independence. Purpose. The inverse relationship between in?ation and the level of independence of the central bank encourages the search for alternative approaches in the context of quantifying its independence based on the index of constitutional independence, TOR index and index of political vulnerability of management. Methods. According to OECD countries, developed economies and emerging countries, the GMT index in most countries shows a fairly high ?gure. However, in practice there is a signi?cant di?erence between the formal and actual status of central banks, which a?ects the statistical signi?cance of the relationships obtained. Results. A study to quantify central bank independence based on an index approach has revealed a number of issues related to the interpretation of the central bank’s mandate, the density of the relationship between indices and in?ation rates, and the quanti?cation of legislation. In countries with weak institutions, asserting the link between in?ation and formal independence is quite complex, as opposed to the political and economic independence of the central bank. Conclusions. Addressing issues that lead to imbalances between the status of central banks and the consolidation of monetary objectives at the legislative level requires a clear de?nition of the powers and responsibilities of monetary authorities for the results of monetary policy towards achieving price stability.
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Khames ( Ph.D), Haydar Shaker. « John Caldwell Calhoun and his political role in United States of America (1782-1850). » ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 217, no 1 (9 novembre 2018) : 119–34. http://dx.doi.org/10.36473/ujhss.v217i1.557.
Texte intégralRésumé :
This research deals with the political role of one of the pioneers of American policy in the nineteenth century, John Caldwell Calhoun, and his ideas and philosophy in addressing the central issues in the domestic and foreign policy of the United States of America by virtue of the important sites that filled namely: Member of the Legislative Council of the State of South Carolina between 1807-1811 , a member of the House of Representatives between 1811-1817, Secretary of the Treasury between 1817 - 1825, Vice President between 1825-1832, a member of the Senate between 1833-1850, Foreign Minister between 1844-1845.
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Bereketeab, Redie. « Re-examining Local Governance in Eritrea : The Redrawing of Administration Regions ». African and Asian Studies 11, no 1-2 (2012) : 1–29. http://dx.doi.org/10.1163/156921012x629312.
Texte intégralRésumé :
Abstract Abstract The post-independence government of Eritrea introduced Proclamation 86/1996 to redraw the administrative structure of the newly independent territory. The principle behind the redrawing was pronounced to be to serve decentralised governance system where considerable power is devolved to the regions. According to this principle the regions were provided with legislative, executive and judiciary bodies of local governance. Further the regions were also to be divided into sub-regions and village/area units with provisions of legislative, executive and judiciary organs that would enhance the local governing system where the local communities are provided both legally and practically the autonomy to run their political, economic, social and cultural life with less central interference. In practice however the governance system that was introduced following independence proved to be highly centralised. This became glaringly obvious following the outbreak of the second war (1998-2000) between Eritrea and Ethiopia. The paper critically re-examines local governance in Eritrea. It examines the various stages of redrawing of the regions over the historical trajectory of the making of Eritrea until the redrawing following independence. It examines the corresponding power structures and local governance systems. It also examines the modality of the redrawing and the political intentionality behind it. Through text interpretation and analysis the paper examines the connection between local governance and decentralisation. The paper draws the conclusion that the legal mechanism put in place and the discretionary power arrangement between the executive and legislative bodies could not provide ample space for local governance.
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Mamedov, Zaur Imalverdi oglu. « The soviet school system in Central Intelligence Agency estimates at the initial stage of the Cold War ». Samara Journal of Science 9, no 1 (28 février 2020) : 192–97. http://dx.doi.org/10.17816/snv202091212.
Texte intégralRésumé :
The paper is devoted to the analysis by the Central Intelligence Agency of the USSR school system. The US was in dire need of information about its new adversary. The situation was aggravated by the closed nature of the Soviet state and the absence of a long continuous tradition of intelligence activities of American intelligence. The president and other government bodies wanted to have comprehensive knowledge of any processes and phenomena in the world. US intelligence should have been able to solve this problem. In this regard, the first stage of the Cold War for the CIA was largely due to an analysis of official and semi-official sources, as well as the development of various strategies. In order to find out about various areas of the life in the USSR, analysts extracted information from Soviet scientific literature, press, radio, legislation and interrogations of former German prisoners. The National Assessment Bureau, led by William Langer and Sherman Kent, compiled reports on Soviet military capabilities, industry, agriculture, the political system, etc. The Soviet school system was considered by American intelligence specialists in the framework of the military and economic potential of the enemy, as well as the strategy of psychological warfare. The paper analyzes the reports concerning the educational system in the USSR in the aspect of school education, its strengths and weaknesses. The results allow us to conclude that the information about the Soviet school system contributed to the formation of the foreign policy and domestic policy of the United States.
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Lens, Vicki, et Samantha Kanelstein. « Mapping Immigration Policy at the Southern Border : An Administrative and Judicial Analysis ». Administration & ; Society 53, no 6 (3 février 2021) : 817–43. http://dx.doi.org/10.1177/0095399721991123.
Texte intégralRésumé :
Presidents are increasingly relying on a mode of governing—presidentialism—that produces radical shifts in public policy through the administrative state, rather than through Congress. Most recently, using the tools of the administrative state rather than legislative action, the Trump Administration has reinterpreted the laws governing asylum, especially as to citizens from Central America seeking refuge from violence and dire poverty. Through a legal analysis of the judiciary’s response to these reforms, this article examines the limits and constraints of presidential administrative power.
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Ibrokhimov, Azimjon. « FIDUCIARY DUTIES IN THE MANAGEMENT OF THE CORPORATION AND THEIR APPLICATION IN UZBEKISTAN ». Review of Law Sciences 5, no 4 (24 décembre 2021) : 66–73. http://dx.doi.org/10.51788/tsul.rols.2021.5.4./stdq1959.
Texte intégralRésumé :
At present, comprehensive reforms are being implemented to improve civil law in our country. This can also be seen in the rules of corporate law. In particular, one of the reforms is related to the fiduciary duties of the managers of the legal entity. In corporate law, the fiduciary duties of the governing body of a legal entity are one of central issues. Proper and effective management of a legal entity is largely determined by the extent to which the fiduciary duties of the governing bodies are regulated and adhered to. Failure to comply with fiduciary duties is also the basis for liability of the governing body to the legal entity. Anglo-American corporate law states that the fiduciary duties of the managers of a corporation consist of duty of due care, duty of loyalty, and duty of good faith. The corporate law of the Russian Federation provides that the governing bodies of a legal entity must act in good faith and reasonably in the interests of the legal entity, and violation of these fiduciary duties is the basis of their responsibility to the legal entity. This paper analyzes the fiduciary duties of the management bodies of legal entities based on the legislation and judicial practice of the United States and the Russian Federation and discusses the prospects for applying and improving these duties in the corporate law of the Republic of Uzbekistan.
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Caserta, Salvatore, et Pola Cebulak. « The limits of international adjudication : authority and resistance of regional economic courts in times of crisis ». International Journal of Law in Context 14, no 2 (29 mai 2018) : 275–93. http://dx.doi.org/10.1017/s1744552318000071.
Texte intégralRésumé :
AbstractThe paper compares the involvement of four regional economic courts in legal disputes mirroring constitutional, political and social crises at national or regional levels. These four judicial bodies of the EU, the Andean Community, the East African Community and the Central American Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case-studies from across the globe, the paper identifies institutional and contextual factors that explain the uneven resistance. While the regional economic courts in Central America and East Africa were subject to backlash from the Member States, their counterparts in Europe and Latin America avoided backlash but at the price of achieving only a narrow authority.
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Mestre, Yessica. « The Human Rights Situation of Intersex People : An Analysis of Europe and Latin America ». Social Sciences 11, no 7 (20 juillet 2022) : 317. http://dx.doi.org/10.3390/socsci11070317.
Texte intégralRésumé :
Today, intersex people of Europe and Latin America are subjected to different degrees of invisibility and discrimination for being part of bodily diverse communities. Thus, these experiences have been addressed as violations of intersex human rights. This research intends to explore intersex human rights across Europe and Latin America through a scoping review and legal research, including the review of activist documents. It seeks to study the experiences of violence suffered by intersex people, the role of states in promoting justice, and the possibilities offered by a human rights framework to guarantee a dignified life for bodily diverse communities. This research also illustrates that, although regional, cultural and social landscapes differ in both continents, intersex groups are subject to constant violations of their human rights, and they struggle for recognition and for their bodies to be respected outside the binary categories of sex and gender. Furthermore, European and Latin American states have made proven legislative advances that have led to the greater visibility of intersex people but also face remaining difficulties and gaps.
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Squires, Richard L., et Michael P. Gring. « Late Eocene chemosynthetic ? bivalves from suspect cold seeps, Wagonwheel Mountain, central California ». Journal of Paleontology 70, no 1 (janvier 1996) : 63–73. http://dx.doi.org/10.1017/s0022336000023118.
Texte intégralRésumé :
An anomalous pair of small, isolated calcareous sandstone bodies in the middle member of the upper Eocene Wagonwheel Formation, Wagonwheel Mountain, of the San Joaquin Valley, California, contain numerous articulated specimens of soft-bottom-dwelling bivalves. The lucinid bivalve Epilucina washingtoniana (Clark, 1925) dominates the fauna, which also sparingly contains the thyasirid bivalve Conchocele bisecta (Conrad, 1849) and the vesicomyid bivalve Vesicomya (Vesicomya) aff. V. (V.) tschudi Olsson, 1931.The fossils in the pair of calcareous sandstone bodies, which are surrounded by deep-water silty mudstone barren of megafossils, most likely represent cold-seep communities in the upper bathyal environment. These cold seeps apparently were formed by diffusive flow through coarse sand-fill material in submarine channels.Epilucina washingtoniana was previously known only from upper Eocene rocks on the Olympic Peninsula, Washington, and in Santa Barbara County, southern California. This species, along with a late Eocene species from Colombia, South America, are the earliest representatives of Epilucina. The Wagonwheel Formation contains one of the earliest records of Conchocele bisecta, which is a widespread Cenozoic fossil and is extant in the north Pacific. The species of Vesicomya in the Wagonwheel Formation is the earliest record of Vesicomya s.s. and has close affinity to Vescicomya (Vesicomya) tschudi Olsson, 1931, from the upper Oligocene of northwestern Peru, South America. As in the case of Conchocele bisecta, Vesicomya s.s. has not been reported previously from the Eocene of California.
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Vannoni, Matia, Elliott Ash et Massimo Morelli. « Measuring Discretion and Delegation in Legislative Texts : Methods and Application to US States ». Political Analysis 29, no 1 (26 mai 2020) : 43–57. http://dx.doi.org/10.1017/pan.2020.9.
Texte intégralRésumé :
Bureaucratic discretion and executive delegation are central topics in political economy and political science. The previous empirical literature has measured discretion and delegation by manually coding large bodies of legislation. Drawing from computational linguistics, we provide an automated procedure for measuring discretion and delegation in legal texts to facilitate large-scale empirical analysis. The method uses information in syntactic parse trees to identify legally relevant provisions, as well as agents and delegated actions. We undertake two applications. First, we produce a measure of bureaucratic discretion by looking at the level of legislative detail for US states and find that this measure increases after reforms giving agencies more independence. This effect is consistent with an agency cost model, where a more independent bureaucracy requires more specific instructions (less discretion) to avoid bureaucratic drift. Second, we construct measures of delegation to governors in state legislation. Consistent with previous estimates using non-text metrics, we find that executive delegation increases under unified government.
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Hofmann, Herwig C. H. « The Duty of Care in EU Public Law – A Principle Between Discretion and Proportionality ». Review of European Administrative Law 13, no 2 (24 juillet 2020) : 87–112. http://dx.doi.org/10.7590/187479820x15930701852265.
Texte intégralRésumé :
This article concentrates on the 'duty of care' or 'diligence', a principle that has become ubiquitous in CJEU case law due to its central role in calibrating the intensity of judicial review of EU acts on the legislative, regulatory and single-case decision-making levels. This article explores the development of the principle and critically reviews its use as well as whether it actually achieves the demands placed on it. The article further examines the tools developed and the emergence of the duty of care as a principle conferring individual rights in various procedural contexts. The article describes how the duty of care has become a central link between on the one hand, a separation of powers-inspired respect for discretion of the institutions and bodies of the EU and, on the other hand, ensuring a rule of law based effective review of the legality of acts – a central feature in the EU specific approach to developing proportionality.
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Purić, Sveto, et Milan Rapajić. « ODNOS CENTRALNE BANKE I GRANA DRŽAVNE VLASTI ». Glasnik prava IX, no 1 (2018) : 39–65. http://dx.doi.org/10.46793/gp.0901.39p.
Texte intégralRésumé :
Highly regulated legal relations in a single legal system reflects the level of legal culture of a nation. When it comes to standardizing the relationship between the branchеs of government and other subjects of the political system and the public, regulatory bodies and independent institutions that have a considerable degree of autonomy in their work and this is a sensitive issue. States authorities must fulfill their functions of creating the law, its execution, and creating a general national policy (and the creator of that creation is executive power) whose element is also economic policy. In this paper, the authors pay attention to defining a branches of power, starting from the triple division of functions of state power into legislative, judicial and executive. It is pointed out that there are different types of organizations, primarily the executive, ie parliamentary, presidential, semi-presidential and аssembly system Relations between the branches of government and the central bank are different in the legal systems. This has to do with the system of government organization and democratic relations in society. The primary function of the modern central bank is to control the supply of money and credit conditions in the country. The Central Bank is responsible for the conduct of monetary policy and in the achievement of its objectives it must not be blocked by two political branches of government: legislative and executive. The executive has the greatest responsibility for the state of the nation, and thus in some legal systems it still has a major impact on the central bank's staff structure.
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Zambrano-Monserrate, Manuel A., et Maria Alejandra Ruano. « The spatial effect of estuaries pollution on the housing rental market : evidence from South America ». Environment and Development Economics 26, no 1 (10 juin 2020) : 69–87. http://dx.doi.org/10.1017/s1355770x20000194.
Texte intégralRésumé :
AbstractEstuaries are water bodies, many of which contribute to the sustainable development of cities. Many of them are considered natural landscapes, offering various recreational services to the population. However, estuary degradation is a common problem in developing countries. Ecuador, for example, has a significant problem with the pollution of its estuaries. Machala is one of the most affected cities due to the contamination of these water bodies. This issue has generated negative externalities in the housing market. Thus, our central hypothesis is that rental prices of houses are revalued as their distance from polluted estuaries increases. Using the hedonic pricing approach, our results confirm that the price of a residence increases by US$9.45 for every 100 m farther it is from the closest estuary. This amount constitutes approximately 5.25 per cent of the average rental value in Machala.
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Chornovol, Alla, Yuliia Nemish et Olha Biliavska. « INSTITUTIONAL SUPPORT OF PUBLIC FINANCES ». INNOVATIVE ECONOMY, no 5-6 (2021) : 5–12. http://dx.doi.org/10.37332/2309-1533.2021.5-6.1.
Texte intégralRésumé :
Purpose. The purpose of the article is to study the legal and organizational principles of public finance management. Methodology of research. To achieve this goal, the following tools of research methods were used: dialectical - to determine the initial conditions and content of public finance; analytical - when processing literary and Internet sources; causal - to determine the institutional support of public finances; abstract-logical - to generalize the presented material and draw conclusions. Findings. The issues of the essence, structure and peculiarities of the functioning of public finances in Ukraine are studied; the institutional units that ensure their formation and control over their use are specified. The peculiarities of the content of public finances of Ukraine are considered, the peculiarities of their components are determined in order to achieve not only economic, but also social goals by the state. Under the institutional support of public finances, we understand a purposeful hierarchical system of legal institutions that form, use, redistribute and control the funds of the public sector. Thus, based on this, among the components of institutional support are: state; executive, legislative and judicial powers; VRU, CMU, central executive bodies, higher judicial bodies, National Bank, Accounting Chamber; local councils, local executive bodies, budgetary institutions, subjects of state and communal property; advisory bodies under the President of Ukraine, the Cabinet of Ministers of Ukraine; scientific, public and professional institutions (organizations) in the field of public finance. The relevance of the study of issues related to improving the efficiency of state bodies on the basis of recommendations of international organizations and the formation of appropriate regulatory and legal support is substantiated. For example, it was noted that an action plan for the respective years should be developed, which includes directions for each area of the Strategy for Reforming the Public Finance Management System (in our opinion, public) and specifies the state bodies responsible for a particular area of public finance. The bodies of state financial control are determined in accordance with the current legislation, in particular: external control carried out by the legislative bodies - the committees of the Verkhovna Rada and the Accounting Chamber; executive authorities and the central bank - the Cabinet of Ministers (through specialized state bodies) and the NBU; and internal (performed by heads of state bodies) and internal audit (performed by the main managers of budget funds). The requirements of the current legislation to ensure openness of their spending and opportunities for free access to this information in order to strengthen public control over the use of public funds are analyzed. The composition and main problems of institutional support of public finances are formulated and practical recommendations for its evaluation are provided, which will allow to increase the efficiency of public finance management. Originality. The scientific novelty lies in the separation of the content of the institutional support of public finances and recommendations for its evaluation according to the established criteria. Practical value. The main provisions of this study in the form of evaluation proposals can be used to monitor the impact of public reform policy on the development of public finances. Key words: public finance; management; institutional support; public authorities; public financial control.
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Lehoucq, Fabrice Edouard. « The Institutional Foundations of Democratic Cooperation in Costa Rica ». Journal of Latin American Studies 28, no 2 (mai 1996) : 329–55. http://dx.doi.org/10.1017/s0022216x00013031.
Texte intégralRésumé :
AbstractCosta Rica's long-term standing as one of the few countries in Latin America with a stable democracy has prompted many to view its polity as an inevitable outcome of a racially homogeneous and relatively egalitarian society. Without ignoring the importance of sociological factors, this article contends that institutional arrangements played an equally important – if not more central – role in the development of a stable democratic regime in this country. The structure of Costa Rican presidentialism encouraged incumbents to maintain control of the state while it, as a consequence, incited the opposition to rebel against central state authorities. Political competition became more peaceful as parties that failed to hold or to capture the presidency were nevertheless compensated by being allowed to occupy legislative seats.
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Chullabodhi, Chakaphan, Saksith Chalermpong et Apiwat Ratanawaraha. « Examining the Root Causes of On-Street Parking Mismanagement in Central Bangkok ». Nakhara : Journal of Environmental Design and Planning 21, no 1 (10 juin 2022) : 207. http://dx.doi.org/10.54028/nj202221207.
Texte intégralRésumé :
Bangkok, a sprawling metropolis and capital of Thailand, has long-struggled with chronic on-street parking mismanagement despite repeated government attempts at regulation. This paper examines the root causes of ineffective on-street parking management in the city, elicited using root cause analysis (RCA), documentary research, field surveys, and in-depth interviews as data sources. In-depth semi-structured interviews were conducted with fifteen government officers, focusing on the mindsets, motivations and incentives of stakeholders, and tree diagrams were developed to visualize cause-and-effect relationships and identify root causes of mismanagement. Our analysis identified eight root causes of ineffective on-street parking management stemming from misalignment of government bodies, including a fragmented institutional framework, lack of interest and commitment from both national and local policymakers, the limited legislative authority of the local government, lack of on-street parking policy, lack of planning and review, ineffective law and regulation enforcement, lack of monitoring mechanisms, and low perceived seriousness of parking infringements. Based on these findings, several priority action steps are proposed to help policymakers in effectively managing on-street parking in Bangkok.
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Nechita, Elena, Cristina Lidia Manea, Elena-Mirela Nichita, Alina-Mihaela Irimescu et Diana Manea. « Is Financial Information Influencing the Reporting on SDGs ? Empirical Evidence from Central and Eastern European Chemical Companies ». Sustainability 12, no 21 (6 novembre 2020) : 9251. http://dx.doi.org/10.3390/su12219251.
Texte intégralRésumé :
Since the adoption of the sustainable development goals (SDGs) endorsed by United Nations in 2015, which envision an ambitious representation of what the world could look like in the upcoming years, companies have been employing different approaches to identify and report on their contributions to the SDGs, albeit facing various difficulties due to the goals’ novelty, legislative deficiencies, and the complexity of connections between SDGs and business performance. In this context, the relationship between sustainability practices and firms’ financial performance has attracted much attention among researchers. Consequently, this research is focusing on determining to what extent the financial indicators disclosed in the annual reports are impacting the quality of non-financial reporting based on SDGs in the case of chemical companies operating in Central and Eastern European countries (Czech Republic, Hungary, Poland, Romania and Slovakia), within the time frame of 2015–2019. To reach our objective, a score-based content analysis was applied to assess the measure of SDGs achievement, and subsequently, the SDG score was used in multiple linear regression models with several financial data-based independent variables. The main findings highlight the companies’ contribution to the SDGs, particularly to those addressing the environment and decent work conditions for employees, and suggest that the research and development costs and other intangibles represent the most influential variable in explaining the variation in the firms’ SDG score. Academics, businesses and legislative bodies may find these results valuable in their corresponding activities: theoretical, pragmatic or statutory.
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Baumane-Vitolina, Ilona, et Oleksandr Osypenko. « Adoption of a Public E-procurement System in Ukraine ». Humanities and Social Sciences : Latvia 28, no 2 (2020) : 31–46. http://dx.doi.org/10.22364/hssl.28.2.03.
Texte intégralRésumé :
Over the last decade Ukraine has been making attempts at creating a viable public e-procurement system that will satisfy the demands of its international partners, as well as domestic needs with the public procurement involving central governmental bodies perceived as corrupt by the public and business representatives. ProZorro.Sale became the answer to the pressing issues at hand as well as a beacon of hope for the anti-corruption efforts undertaken by the last two governments. The article explores the policy window that facilitated its launch and the latest legislative amendments introduced in order to address the drawbacks that became apparent when more and more users started interacting with the e-platform.
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Denega, Vitaly. « Regulatory and legal ensuring optimization of local government bodies competencies ». Democratic governance 30, no 2 (31 décembre 2022) : 98–108. http://dx.doi.org/10.23939/dg2022.02.098.
Texte intégralRésumé :
Formulation of the problem. The regulatory and legal principles of the competence of state authorities and local self-government in Ukraine formation have been studied. The contents of the Ukraine key laws regarding local self-government bodies and modern concepts of their activities are disclosed. It was found that there is no unified conceptual vision of the local self-government bodies status, competencies, and responsibilities in Ukraine. It has been established that the legal framework for the functioning and development of local self-government bodies in Ukraine is formed from regulatory acts of different levels. Analysis of recent research and publications. Research on this issue can be divided into two directions. First of all, these are the works of specialists in constitutional and municipal law who investigated the issue of the essence and nature of local self-go- vernment (professors M. O. Baimuratov, O. V. Batanov, B. V. Kalynovskyi, P. M. Lyub- chenko, N. V. Mishina and etc.). Secondly, these are the works of representatives of administrative and legal science who analyze the problems of administrative regulation of local self-government in Ukraine, here it is worth mentioning the monograph of Y. V. Zhuravlya, A. A. Manjuli, I. I. Lytvynova, T. O. Karbina. Formulation of the article goals. The purpose of the specified scientific research is to analyze the state of regulatory and legal support for optimizing the competences of local self-government bodies. It is noted that the regulatory and legal support for the activities of local self- government bodies needs improvement, in particular by finding effective and rational means of managerial influence on their functioning. These include the improvement of the competent regulatory and legal framework for the activities of local self-government entities, which will contribute to the satisfaction of the economic, political, and social people needs, and the creation for their harmonious development conditions. Сonclusions. That the dynamic development of local self-government can only be ensured by the organization and activity of local self-government entities and their regulation by improving the relevant competent legal framework. Further development of local self-government in Ukraine should depend on finding sufficiently effective means of influencing national law on its functioning. At the legislative level, a new model of local self-government has been formed in Ukraine, which provides for the decentralization of state administration and the optimization of the competence of central authorities at the regional level. However, the practical implementation of the specified legislative provisions should ensure the deprivation of the central bodies of the state executive power of functions that do not belong to them, by maximally delegating them from the center to the regions and from the state to the private sector. We see the prospects for further research on the topic in the coverage of a number of derivative aspects of the mentioned topic, first of all, a detailed analysis of international legal acts, an outline of the prospects for optimizing the powers of local self-government bodies.
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Kim, Chi-Woon. « An Empirical Study for the Establishment of Desirable Relation Between the Local Council and the Local Executive ». Korean Journal of Policy Studies 9 (31 décembre 1994) : 171–86. http://dx.doi.org/10.52372/kjps09011.
Texte intégralRésumé :
The re-introduction of legislative bodies at two levels of local government in April and July 1991 through the local elections opened the new era of local autonomy. Local autonomy means the management of local affairs by local government, not the central authority, using local organs. Theoretically, there are several essential advantages of local autonomy : first, it will increase the extent of citizens' participation in local affairs ; second, it will produce effective public service because local governments are more responsive to local demands and more accountable to local inhabitants ; and third, it will function as a means of checking and balancing the central government. In spite of much negative aspects of the initial stage of the two years' experience on local autonomy, our local autonomy system is now being settled in high speed, especially with the launching of Kim Young-sam Administration into the sea of democracy.
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Mendis, N. Piyuji Rasanja. « Devolution of Legislative Power to the Provincial Council of Sri Lanka ». International Journal for Innovation Education and Research 5, no 6 (30 juin 2017) : 34–40. http://dx.doi.org/10.31686/ijier.vol5.iss6.624.
Texte intégralRésumé :
The objective of the study is to examine the states of legislative devolution in Sri Lanka under present constitution of 1978. The ‘Indo-Lanka Accord’ committed Sri Lanka to establish a system of devolution to Provincial Councils (PCs). Consequently with the aim of devolving power, the PCs were established in each of the nine Provinces of Sri Lanka under the Thirteenth Amendment to the Constitution. In a system where devolution of power exists, power is divided between the national and sub national level. In case of Sri Lanka such a division takes place between the central government which is the government at national level and the provincial council which is the government at sub national level. The legislation is the framework by which governments of whatever persuasion seek to achieve their purposes. Under a truly devolved system, the unit to which the power is devolved can exercise its autonomy in the implementation of the devolved functions. This autonomy should have been ensured, in the PC system as expected in the 1987 Indo-Lanka Agreement. It was found that the PCs are elected bodies which were given power to pass statutes applicable to their respective Provinces, with regards to certain specified matters. The legislative power of the PCs is not exclusive theirs. Issues related with legislative power also contributed to the weak capacity basis of the Provincial Council.
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Woo, S. B. « Vote to Empower Yourself, Stupid ». AAPI Nexus Journal : Policy, Practice, and Community 2, no 2 (2004) : 1–9. http://dx.doi.org/10.36650/nexus2.2_1-9_woo.
Texte intégralRésumé :
Asian Americans (AA’s) lacks of political know-how owe itself to two primary reasons: family education and AAs political culture. AAs are mostly immigrants and therefore we are not that knowledgeable about how American politics. The second reason is that AAs lack cultural background in democracy. The article discusses how the founding fathers and writers of the Constitution intend citizens to vote, and approximates AA’s voting power. Vote for your own interest, and hence why we have a government that has multi-legislative bodies. By voting our own interests, America benefits, and relates to ‘The Invisible Hand’ theory. America’s democracy is the driven by the same force as its society, which market-driven. We need to serve politicians in order that they can in turn serve us. We also need to use our political clout to address major problems affecting AA’s such as the glass ceiling issue.
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SITA, Gloria LUBAKI. « Généralités sur le cadre juridique du système de santé congolais : une analyse organisationnelle et fonctionnelle ». KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 7, no 4 (2020) : 525–43. http://dx.doi.org/10.5771/2363-6262-2020-4-525.
Texte intégralRésumé :
This article reviews the Congolese health system as organized by the legislative and regulatory Act. There is no perfect model for a health system since each country organizes the system considering political, economic and social realities. The paper draws a parallel between, on the one hand, the political and administrative organisation of the Congolese state and the health structure, on the other hand, the adaptation of the health system into the social context of the country. It appears that territorial decentralization and the sharing of competences between the central government and the provinces could explain the pyramidal structure of the Heath system : The central government fixes the main orientations on health policy and the devolved services are aimed for implementing bodies, meanwhile the provinces only provide a technical assistance. According to the functional perspective, we describe a many-faceted system, due to the lack of a real social insurance coverage policies. Instead we find what we could call a system of adaptation made from private mutual insurance.
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Schneider, Ben Ross. « Organizing Interests and Coalitions in the Politics of Market Reform in Latin America ». World Politics 56, no 3 (avril 2004) : 456–79. http://dx.doi.org/10.1353/wp.2004.0019.
Texte intégralRésumé :
A recent wave of deep empirical research provides a solid basis for a comparative reassessment of the role of coalitions in the politics of market reform in Latin America in the 1990s. This research confirms earlier findings that interest groups and distributional coalitions were not major protagonists in either antireform or proreform coalitions. The new research goes further empirically into analyzing the origins of interests, especially business interests, and finds them to be much more ambiguous and dynamic than assumed in earlier studies. Consequendy, other factors, especially organizations and the evolving macroeconomic context, were stronger influences on preferences regarding reform. Given the relative weakness of interest group coalitions, the article provides a typology and preliminary analysis of other kinds of coalitions—electoral, legislative, and policy—that have become more central to reform politics. These other types of coalitions still require further theoretical elaboration and empirical investigation in order to determine how they can best be deployed to illuminate reform politics.
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Kirika, Diana, et Alla Bodnar. « TRANSFORMATION OF STATE GOVERNMENT IN UKRAINE ». Administrative law and process, no 2 (29) (2020) : 18–29. http://dx.doi.org/10.17721/2227-796x.2020.2.02.
Texte intégralRésumé :
The article discusses the principles of organization, functioning and interaction of the system of central executive bodies and local authorities, models of the distribution of powers and responsibilities between them. Attention is drawn to the essence of such interaction and the connection of these bodies with other facts and processes of public and state life is manifested. The search for ways to improve the legislation of Ukraine, in accordance with the standards of the Council of Europe, in the context of decentralization and local government reform, has been carried out. In particular, attention is drawn to problematic issues related to the fact that the citizens of Ukraine getting their own administrative centers with clearly defined territories can simultaneously destroy the decentralization reform, concentrating all the powers in the hands of the central government. In this regard, the issue of establishing territories of territorial communities cannot be the authority of a centralized executive power, that is, the Cabinet of Ministers of Ukraine. It should be determined by the legislative body – the Verkhovna Rada of Ukraine jointly with the local self-government bodies. Further re-organization of local state administrations into prefectural bodies, which will oversee the legality of certain community decisions, also needs in-depth analysis. The spheres of activity of the state are directly transformed into the spheres of public administration. Recognizing the leading idea of the self-government`s study, the authors do not negate the concept of “public administration”. The article proves that it is the democratic transformation of public administration that will enable modern local self-government institutions to be formed. In this context, the powers of local governments and executive authorities in their interaction are analyzed in detail. The powers are delegated by the state to local self-government bodies only at the level of the administrative-territorial structure at which it is possible and appropriate to exercise them. And legal acts of local governments, adopted in violation of the Constitution and legislation of Ukraine, must be stopped until the question of their legality is resolved.
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Naheem, Mohammed Ahmad. « Legal analysis of Qatar’santi-money laundering and combating terrorist financing legislation and regulation amidst the summer 2017 GCC crisis ». Journal of Money Laundering Control 23, no 4 (27 janvier 2020) : 793–804. http://dx.doi.org/10.1108/jmlc-09-2017-0054.
Texte intégralRésumé :
Purpose The recent diplomatic split between members of the Gulf Cooperation Council (GCC) and Qatar with accusations of terrorist financing (TF). This paper aims to study Qatar’s domestic legislations, which specifically targets money laundering and TF activities. The country has stringently worked in compliance with international standards on combating financing of terrorism (CFT) and anti-money laundering (AML) practices by imparting autonomous power to regulatory bodies, such as the Qatar Central Bank and other agencies. Design/methodology/approach This paper studies independent legislations passed under the Emir’s decree over the past decade advancing Qatar’s AML ranking, with significant effort in CFT regulations. The paper also analyses the advancement in AML/CFT regulation and their validity with respect to international standards set by various governmental, intergovernmental and non-profit agencies. Findings The analysis finds Qatar in compliance with strong AML/CFT regulations. Further, it finds the government to have provided transparent oversight to international organizations that attest to the findings of the legislative efforts. This paper disproves claims and accusations that have possibly been presented to the GCC and subsequently led members to abruptly end diplomatic relations with Qatar over allegations of TF activities, amongst others. Originality/value The paper offers insight into Qatar’s legislative and regulatory advancement with respect to the AML/CTF in the past decade. The paper also discusses Qatar’s legislative advancement in relation to the evolutions of the country’s financial system, adopting a more robust mechanism to combat financing of terrorism and ML.
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Alvarez, Linda. « No Safe Space : Neoliberalism and the Production of Violence in the Lives of Central American Migrants ». Journal of Race, Ethnicity, and Politics 5, no 1 (30 septembre 2019) : 4–36. http://dx.doi.org/10.1017/rep.2019.23.
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AbstractThis paper explores the ways in which neoliberal policies enacted by elites across the Northern Triangle have led to increased violence in Central America, a lived experience that continues as individuals migrate to Mexico and the United States. In this work, I examine how neoliberal polices in the region have created limited economic opportunities and means of subsistence for the poor in Central America, as well as the rise of extra-legal actors and criminal enterprises. Together these conditions leave Central Americans with no choice but to migrate north. This paper then explores the violence migrants experience as they move through Mexico. In this stage of the journey, migrant bodies are objectified and then commodified as cheap labor for the global market as well as local economies of violence. Lastly, I discuss the multiple zones of violence that migrants experience at Mexico's border with the United States. This project relies on in-depth, semi-structured interviews (n = 99) with Central American migrants over the course of 4 years (2014–18). Ultimately, I find that for Central American migrants, violence can be a seemingly inescapable reality as neoliberal forces maintain and normalize violence in order to preserve an established social order at the expense of these migrants.
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Chafe, William H. « History Matters ». American Studies in Scandinavia 50, no 1 (30 janvier 2018) : 9–26. http://dx.doi.org/10.22439/asca.v50i1.5691.
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This essay surveys the degree to which racism has been a dominant theme – indeed, often the single most important theme – of all American history. It shaped the Constitution, dominated Congressional and judicial controversies during the first six decades of the 19th century, and then continued to shape the country’s politics, economy, and social structure all the way through the present. This essay also emphasizes the degree to which black resistance of racism was a constant, taking on different forms depending on the politics and culture of the times, but always present. It discusses the emergence of the modern civil rights movement in the years after World War II, but argues that, notwithstanding the legislative and judicial gains made as a result of that movement, racism remains a central and structural reality in America to this day, most notably visible in the mass incarceration of blacks, and the economic and social inequalities that continue to be pervasive in contemporary America.
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POPOVA, AKSANA. « PARLIAMENTARISM AS A POLITICAL INSTITUTE OF PUBLIC ADMINISTRATION ». Sociopolitical sciences 10, no 5 (30 octobre 2020) : 50–58. http://dx.doi.org/10.33693/2223-0092-2020-10-5-50-58.
Texte intégralRésumé :
The article examines the issues of parliamentarism, which is a special system of public administration, structurally and functionally based on the principles of separation of powers, the rule of law with the leading role of parliament in order to implement the constitutional consolidation of the sovereignty of the people. At the same time, the principle of separation of powers occupies a central place in matters of public administration. The purpose of the theory of separation of powers is to create an effective mechanism for the functioning of state bodies, to create security of citizens from arbitrariness and abuse of power, to ensure political freedoms. The purpose of the study is to analyze research materials and legal regulation of the parliament as the bearer of state power. It should be noted that the role and importance of the parliament in the constitutional mechanism for the implementation of state power, based on the theory of popular sovereignty of the majority of modern states, is reflected in the legislative basis for the functioning of these higher representative collegial bodies. The development of the legislative framework leads to the formation of parliamentary law. Thus, parliamentarism today is a complex structure of legislative power, a multifunctional subsystem and an integral part of an extensive political system. At the same time, the essence of parliamentarism, following changes in its historical functions and structure, was often expressed by isolating and emphasizing any of its individual elements. Based on the study, the author comes to the conclusion that it is quite obvious that branched, well-organized and effectively functioning representative structures, both at the federal and regional levels, are necessary for Russia today, when we have embarked on the path of building a rule-of-law state, creating a civilized and a democratic society. It is the parliament that acts as a collector and spokesman for the interests of groups and structures that form civil society, melting these interests into state will. Effective public administration in a market economy not only does not exclude, but, on the contrary, presupposes the development and improvement of parliamentarism. Only under this condition can one count on the formation at the federal and regional levels of a powerful legislative base, adequate to the new historical conditions. It goes without saying that without such a base, further reforms in the economic, financial, social, political and other areas are unthinkable. The source of such a base is parliament.