Court practice in the mechanism of legal monitoring

2020 ◽  
Author(s):  
Mariya Glazkova

The manual discusses the role of judicial practice in the implementation of the mechanism of legal monitoring on the Federal, regional and local levels. It justifies significance of judicial practice as an integral part of the legal monitoring, since it is the judiciary, which is constant- Janno being at the turn of sometimes conflicting interests to have the most complete information about the quality of legislation. Describes the theoretical and normative foundations of legal monitoring, its organization and influence on the development of procedural law and the legal system. Special attention given the anti-corruption monitoring. The work is aimed at resolving issues of implementation of legal monitoring in the activities of public authorities, business-structures, public organizations and other civil society institutions in order to make informed proposals on optimization of the Russian legislation. For deputies, employees of state and municipal authorities, representatives of civil society institutions, scientific workers, teachers, postgraduates and students of law universities and faculties.

10.23856/4617 ◽  
2021 ◽  
Vol 46 (3) ◽  
pp. 123-134
Author(s):  
Liudmyla Antonova ◽  
Svitlana Lizakowska ◽  
Vahif Abdullayev ◽  
Piotr Lisowski

The article analyzes, summarizes and considers the current state of international cooperation in the fight against corruption in public authorities and identifies the benefits of participation in international anti-corruption cooperation for modern Ukraine. The variability of the existence of definitions of the concept of "corruption" has been substantiated. Defined and characterized by the transnational nature of the modern phenomenon of corruption. The reasons for the increase in the number of corruption offenses and offenses related to corruption are clarified and measures are given to improve this situation. The main directions and levels of international cooperation in the fight against corruption have been determined. The basics of international cooperation of Ukraine in the field of combating and combating corruption in accordance with the Law of Ukraine "On the Prevention of Corruption" are considered. The article analyzes the regulatory and legal groundwork of the subjects of international anti-corruption activities, in particular the United Nations Convention against Corruption. The activities of influential subjects of international anti-corruption policy (GRECO, Transparency International, etc.) have been identified and characterized. The leading role of civil society institutions in the implementation of international anti-corruption policy has been clarified. Practical recommendations are proposed for improving the quality of anti-corruption measures to prevent and combat corruption for modern Ukraine in the framework of international cooperation in the fight against corruption in public authorities.


Author(s):  
L. Ignatenko

This paper is an attempt to consider trust in terms of contemporary communicative ethics and its socio-philosophical context. Trust in state power is analyzed according to the theoretical principles of communicative philosophy (J. Habermas and K.-O. Apel). It is suggested that trust in state power is a prerequisite for a harmonious development of society. Trust is seen as a determinant contributing to the formation and disclosure of meaningful components of the dialogue between government and civil society institutions, which takes place on the basis of compliance with social norms such as responsibility, justice, tolerance, mutual understanding, equality and respect. It is argued that trust in the government is the most important factor in socio-political relations, the role of which has become increasingly important in recent years. As globalization develops, trust in power becomes more in demand, as its interests effectively co-ordinate the interests of world policy actors. Trust not only reduces transaction costs and strengthens international cooperation, but also builds new quality of relationships.


2021 ◽  
Vol 7 ◽  
pp. 11-15
Author(s):  
Yuriy A. Tikhomirov ◽  

The article identifies the place and role of the science of administrative law in modern legal science, reveals its influence on the processes taking place in society. It is noted that, despite the fact that in recent years a dynamic approach to administrative law has been outlined, science is gradually coming to the fore, there is still a fairly significant gap between the theory of state and law, constitutional law, and other branches of law from the science of administrative law. According to the author, for the science of administrative law, it is extremely important to develop such institutions as the competence of public authorities, the typology of procedures for relations between bodies among themselves, with business structures and civil society institutions, a new classification of managerial actions for the implementation of laws and other decisions (legal, organizational, material, financial, socio-psychological), requires updating the idea of managerial relations, where electronic communication opens up space for openness, transparency and operational agreements.


Author(s):  
Alla Orlova ◽  

The article considers a set of issues related to the formation of sustainability in the state at different levels of government: national, regional and local, with an emphasis on the sustainability of territorial communities. The concept of "sustainability" is defined, the criteria of sustainability for national security and its components at the local level are analyzed, in particular, in the formation of affluent communities. Sustainability is considered in various aspects: as a component of national security and defense of the state, in relation to the concepts of "cohesion" and "national security". Financial stability is justified as an important sign of the viability of local communities. The role of civil society in shaping the sustainability of communities is revealed, as well as different views of scientists on the impact of civil society on sustainability are analyzed. The foreign experience of implementation of the basic principles of sustainability in the life of communities is studied. The most important component of sustainability is the ability of the community to consolidate to counteract harmful and dangerous external and internal influences. Open partnership of public authorities with business structures and the public should be a prerequisite for this. It is proved that in the conditions of decentralization and various internal and external challenges, civil society (active citizens and civil society institutions) can and should be a driver of community sustainability. It is assumed that the implementation of state policy to promote the development of civil society should create a solid foundation of democracy in Ukraine as a component of national sustainability. Since the systemic mechanisms for ensuring national sustainability in the Ukrainian state at both national and local levels are not yet fully formed, the development and implementation of comprehensive strategic decisions in this area requires proper scientific substantiation, which is why the author’s contribution to this topic.


Author(s):  
Yuriy Kyrychenko ◽  
Hanna Davlyetova

The article examines the role of political parties in modern state-building processes in Ukraine. The place of political parties in the political and legal system of society is determined. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered. It is noted that political parties play an important role in the organization and exercise of political power, act as a kind of mediator between civil society and public authorities, influence the formation of public opinion and the position of citizens directly involved in elections to public authorities and local governments. It is determined that in a modern democratic society, political parties carry out their activities in the following areas: the work of representatives of political parties in public authorities and local governments; participation in elections of state authorities and local self-government bodies; promoting the formation and expression of political will of citizens, which involves promoting the formation and development of their political legal consciousness. These areas of political parties determine their role and importance in a modern democratic society, which determines the practical need to improve their activities and improve the national legislation of Ukraine in the field of political parties. Political parties are one of the basic institutions of modern society, they actively influence the ac-tivities of public authorities, economic and social processes taking place in the state and so on. It is through political parties that the people participate in the management of public affairs. Expressing the interest of different social communities, they become a link between the state and civil society. The people have the opportunity to delegate their powers to political parties, which achieves the ability of the people to control political power in several ways, which at the same time through competition of state political institutions and political parties contributes to increasing their responsibility to the people. It is noted that the political science literature has more than 200 definitions of political parties. And approaches to the definition of this term significantly depend on the general context in which this issue was studied by the researcher. It was emphasized that today in Ukraine there are important issues related to the activities of political parties. First of all, it is a significant number of registered political parties that are incapable, ie their political activity is conducted formally or not at all. According to official data from the Department of State Registration and Notary of the Ministry of Justice of Ukraine, 352 political parties are registered, of which 48 political parties do not actually function. The reason for the liquidation of such parties is not to nominate their candidates for the election of the President of Ukraine and People's Deputies of Ukraine for 10 years. According to this indicator, Ukraine ranks first among other European countries. Thus, 73 political parties are officially registered in Latvia, 38 in Lithuania, 45 in Moldova, 124 in Romania, and 56 in Slovakia. However, despite the large number of officially registered political parties in Ukraine, public confidence in their activities is low. It is concluded that political parties occupy a special place in the political and legal system of society and play an important role in the organization and exercise of political power, as well as a kind of mediator between civil society and public authorities. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered, namely: introduction of effective and impartial control over activity of political parties; creating conditions for reducing the number of political parties, encouraging their unification; establishment of effective and efficient sanctions for violation of the requirements of the current legislation of Ukraine by political parties.


2019 ◽  
pp. 28-56
Author(s):  
Manal A. Jamal

This chapter outlines how patterns of socio-political organizing diverged in the Palestinian and Salvadoran cases during the beginning of their respective conflicttopeace transitions. Departing from explanations that focus on the professionalization of mass-based organizations, the author explains how the domestic political contexts shaped the mediating role of Western donor funding. More specifically, the book argues the that “inclusivity” of political settlements (assessed by the extent of participation of major political groups and the degree of societal support) shaped the relative effectiveness of democracy promotion efforts and the impact of Western donor assistance on civil society and democratic development more generally. This chapter also explains how civil society is being addressed in the book and the methodology employed, which is a structured, focused comparison that is historically sensitive but conducive to generalizing across cases. It also explains how the quality of civil society and democratic development are assessed, and why the women’s sectors were chosen to examine these developments. It concludes with an outline of the remaining chapters of the book.


2016 ◽  
Vol 11 (3) ◽  
pp. 85-94
Author(s):  
Малик ◽  
Elena Malik ◽  
Меркулов ◽  
Sergey Merkulov

The article is devoted to topical issues of development of state-civil interaction in modern Russia. The scientific approaches to the essence of relationships between public authorities, citizens and public associations are analyzed. The authors describe the main forms of interaction between state and civil society institutions, and basic approaches to understanding of their content. The typology of forms and methods of partnership between the civil society and public authorities in modern Russia is presented. In the article the authors show to the role of information, determine the value of Internet technologies and online communications to improve the cooperation of public associations with public authorities. The content of the problems arising in the process of interaction between public associations and state government is revealed. Some recommendations to improve state support of civil society institutions in the Russian Federation are made.


2018 ◽  
pp. 36-38
Author(s):  
M. S. Islam

Сivil society is a group of people excluded from the government and the army and providing a counterbalance and control of the state at the national and local levels in the country. In Bangladesh, since independence in 1971, civil society organizations have been successfully involved in social development, but they have been criticized not to be able promote democracy in Bangladesh because of their support for political parties. Therefore, it impedes strong opposition to corruption and non-democratic activities in the country. In this article, using the historical method, the author analyzes the features and role of civil society in Bangladesh.


Author(s):  
Humaira Yasmeen ◽  
Ying Wang ◽  
Hashim Zameer ◽  
Hina Ismail

The objective of this article is to design a game theory-based model to outline the role of the government, firm and civil society for environmental sustainability. The study used the dynamic game theory of complete information. Based upon the equilibrium analysis, the study highlights that when the punishment for non-compliance with environmental responsibility is smaller, the role of civil society would be higher for environmental sustainability. On the other hand, when the environmental responsibility cost is higher, then the role of a government is also higher for the implementation of environmental responsibility and to ensure the punishment. However, the authors found from model analysis that if the cost is low, the probability of firm to fulfill environmental responsibility is higher. In real life, the high cost of environmental responsibility is the main reason that the firm does not fulfill environmental responsibility. Under the high cost, the firm often has the phenomenon of bribery to the government and other means to avoid environmental responsibility. This article is a valuable policy guide for policy makers to cope with global environmental challenges.


Author(s):  
U. Yu. Roshchektaeva ◽  
S. A. Roshchektaev

Аt present, the issues of the formation of the institutional structure of financial security are among the strategic priorities of state policy, which indicates the consensus achieved in the society on the significant role of Russia in the global financial system. One of the priority activities of the Russian state is to optimize the structure of public authorities in order to improve the efficiency and effectiveness of their activities. Particular attention in this process is given to the reform of the system of state financial control. In the modern economy there is a large range of problems and inaccuracies in the legislative regulation of financial control by public authorities. This situation leads to a significant reduction in the quality of the effectiveness of financial control by public authorities. In this regard, there is a need to study and clarify the role, function and place of bodies exercising state (municipal) control in the institutional structure, determine the importance of the participation of such bodies in the process of rational use of budgetary funds, in the formation and justification of methods and methodology for monitoring the effectiveness of planning and spending of budgetary funds, as well as measures to prevent violations of legislation in the budgetary sphere.


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