scholarly journals REGARDING TO THE ANALYSIS OF THE CONCEPT OF LAND-RELATED CORRUPTION

2020 ◽  
pp. 110-113
Author(s):  
A. V. Sira
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Land Reform ◽  
Working Group ◽  
Land Market ◽  
The Rule Of Law ◽  
Land Relations ◽  
Definition Of ◽  
Established Order ◽  
The Eu

The article analyzes the definition and formation of the essence of the category of “offenses related to corruption in the field of land relations” both from the standpoint of different scientific views and the definition presented in the regulatory plane. It is said that Ukraine is currently facing a number of serious problems, including the fact that corruption-related offenses are pervasive. The presence of corruption is a significant threat to the rule of law, the development of democracy, and the formation of civil society. Against this backdrop, legal relations that are engulfed in corruption stand out as land relations, as they are of strategic importance to the state. This problem is being updated in connection with the implementation of land reform and the further implementation of the free land market. The importance of solving this problem for Ukraine is also underlined by the recommendations, which are the first priority measures in combating corruption in the land sphere, provided by the working group “Perspectives of cooperation between Ukraine and the EU in the field of justice, freedom and security” on combating corruption in the field of land relations, in the composition of land relations, which included 97 scientists, scientists and statesmen. It is advisable to consider the concept of “administrative offenses related to corruption in the field of land relations” in a stable, inseparable way with the definition of the term “corruption offenses”, which will allow us to get as close as possible to its essence. Namely, “administrative offense related to corruption in the land sphere” is, respectively, understood as the guilty, unlawful behavior of a subject that encroaches on the established order of management in the field related to land relations and for which administrative legislation provides for liability

The Impact of covid-19 Measures on the Rule of Law in the Western Balkans and the Increase of Authoritarianism

2021 ◽  
pp. 1-33
Author(s):  
Andi Hoxhaj ◽  
Fabian Zhilla
Keyword(s):  
Civil Society ◽  
Comparative Analysis ◽  
Bosnia And Herzegovina ◽  
Rule Of Law ◽  
Western Balkans ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
State Capture ◽  
The Impact ◽  
The Eu

Abstract This article offers a comparative analysis of the covid-19 legal measures and model of governance adopted in the Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo) and its impact on the state of the rule of law, and ability of parliament and civil society to scrutinise government decisions. The article assesses the governments’ approaches to introducing and enforcing covid-19 legal measures, and shows examples of how covid-19 has exposed more openly the weaknesses in the existing system of checks and balances in the Western Balkans. The article offers new insights into how covid-19 presented a new opportunity for leaders in the Western Balkans to implement further their authoritarian model of governance in undermining the rule of law. This article offers suggestions on how the EU could respond, through its accession conditionality instruments and civil society, to redirect this trend towards more state capture.

Perestroika Observed

1990 ◽  
Vol 25 (1) ◽  
pp. 3-15 ◽  
Author(s):  
Ernest Gellner
Keyword(s):  
Civil Society ◽  
Soviet Union ◽  
Rule Of Law ◽  
Foreign Relations ◽  
Spiritual Values ◽  
Russian Culture ◽  
The Rule Of Law ◽  
The Soviet Union ◽  
Established Order

It is an attempt at moral regeneration, at expiation, at the purging of guilt;a would-be effort at performing a Wirtschaftswunder (so far without visible success);a political reorganization, the establishment of democracy, from above;an intellectual liberalization; a partial abandonment of pretensions at a monopoly of truth;the withering away, or at least conspicuous routinization of a secular faith;a reincorporation of the Soviet Union in a wider civilization, an international idiom;a recovery of traditional Russian culture (and of others), including ‘spiritual’ values, a much used phrase;the establishment of the rule of law;the re-creation of civil society;a re-orientation in foreign relations and policy.The legitimacy and the appeal of the perestroika regime has a curious double basis. It says, in effect: we claim your support because we are changing everything; and we also claim your support because we are preserving our established order, our Soviet, revolutionary, Leninist heritage and tradition. This may or may not be contradictory; but it is unquestionably the case and this is the manner in which the great restructuring is presented, advocated and defended.

scholarly journals Criminal Influence and Feasibility of its Preservation in New Criminal Code of Ukraine

2021 ◽  
Vol 7 ◽  
pp. 44-51
Author(s):  
Artem Nikitin
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Working Group ◽  
Scientific Community ◽  
Criminal Liability ◽  
Criminal Code ◽  
Original Form ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Definition Of

The concept of criminal influence, which was introduced into the Criminal Code of Ukraine in June 2020, has been highly criticized by the scientific community and practitioners, among other things, for violation of the principle of legal certainty and the rule of law. This article defines the main disadvantages of the provisions that establish criminal liability for acts related to criminal influence and analyzes the feasibility of preservation of these provisions in their original form in the Criminal Code of Ukraine and the possibility of their transfer to the draft of the new Criminal Code of Ukraine. It is concluded that the mentioned norms should be at least substantially revised, with taking into account comments of the Ukrainian scientists, and cannot be transferred into the new criminal law as they are currently defined. Moreover, introduction of specific amendments to other laws is also required in this regard.The Working Group on the development of criminal law, as the author of the draft of the new Criminal Code, reasonably refused from the existing concept of the criminal influence. At the same time, they defined criminally punishable acts, which can be considered as a certain equivalent of the criminal influence (socalled “criminal leadership”). Provisions developed by the Working Group differ from the current by the more precise definition of specific actions, which constitute corpus delicti of criminal leadership, avoidance of jargon formulations, decrease of the terms of imprisonment for committing the relevant crimes, and diversification of criminal legal measures that can be applied to offender besides the punishment. In general, it appears that the Working Group avoided the main mistakes which are present in the current legislation. However, it is too early to draw conclusions regarding the acceptability of the proposed article of the new criminal law. Only after the draft of the new Criminal Code of Ukraine has been finished and its provisions can be analyzed altogether, final conclusions regarding the mentioned norms can be drawn.

scholarly journals Putting democracy at the heart of the EU’s Russia strategy

European View ◽  
2021 ◽  
Vol 20 (1) ◽  
pp. 63-71
Author(s):  
Roland Freudenstein
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
High Time ◽  
Member States ◽  
The Rule Of Law ◽  
The Relationship ◽  
The Eu

It is high time for a fundamental review of the EU’s strategy towards Russia. After years of fruitless attempts to ‘reset’ relations with Moscow through a kind of engagement that has all too often ended up in appeasement, the EU and its member states should prepare for a long stand-off and put democracy at the centre of the relationship. This means doing better at defending our democracy against hostile interference from the Kremlin, strengthening democratic movements and the rule of law in the EU’s Eastern neighbourhood, supporting Russia’s civil society with more determination and creativity, and mentally preparing for a democratic post-Putin Russia. In short, we have to offer more help to Russia’s democrats and be more confrontational with the Kremlin. All this has to happen in close coordination with our transatlantic allies and as part of a global effort to support democrats and defend democracy against authoritarianism.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

Civil society and the nature of urbanism: Britain, 1750–1850

Urban History ◽  
1998 ◽  
Vol 25 (3) ◽  
pp. 289-301 ◽  
Author(s):  
R.J. Morris
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Free Market ◽  
Central Place ◽  
Historical Evidence ◽  
The Rule Of Law ◽  
Political Relationships ◽  
The Social ◽  
Making Choices ◽  
Urban Places

ABSTRACTThe concept of civil society provides a useful means of evaluating the social and political relationships of British towns. Civil society refers to the non-prescriptive relationships that lie between the state and kin. Such relationships are associated with the existence of the free market, the rule of law and a strong voluntary associational culture. Both theoretical analysis and historical evidence link civil society with the nature of urban places, their complexity, their function as a central place and their operation as a focus for flows of information. Between 1780 and 1820 the agencies of civil society in Britain provided an arena for making choices, for reasoned informed debate and for the collective provision and consumption of services in an open and pluralist manner.

scholarly journals Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

2020 ◽  
pp. 1-22
Author(s):  
Aida TORRES PÉREZ
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Scope Of Application ◽  
Judicial Protection ◽  
Eu Fundamental Rights ◽  
The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

Migration, law, democracy: identifiyng where the risk is

2009 ◽  
pp. 139-150
Author(s):  
Javier de Lucas
Keyword(s):  
Rule Of Law ◽  
Point Of View ◽  
Risk Society ◽  
Structural Factors ◽  
The Rule Of Law ◽  
Poor Countries ◽  
Definition Of ◽  
Sans Papiers ◽  
Migratory Movements ◽  
Migration Law

- This paper focuses on migration, law and democracy in order to identify where risk lies. The author concentrates on studying a recent case, the Directive on the Return of so-called illegal immigrants (sans papiers) approved by the European Parliament on 18 June 2008. The usual point of view, that of the dominant discourse, maintains that today's migratory movements constitute one of the structural factors that justify the definition of our societies as the "Risk Society". According to this point of view, the migratory flows entail a risk for social cohesion and even a destabilising potential for both democracy and the rule of law. The risk is illustrated by the menacing image of invasion threatening at our doors, hence the classical argument of the "demographic bomb" as the resource of poor countries. The author's thesis sustains that it is precisely our responses, in the form of migratory policy tools, that constitute a risk factor. Some of these tools, including this Directive, have become destabilising elements of the rules of the game and, moreover, of the values of the rule of law and of democracy.

Russia and EU Countries: Partnership for Modernization

2013 ◽  
pp. 54-61
Author(s):  
T. Romanova ◽  
E. Pavlova
Keyword(s):  
Rule Of Law ◽  
New Classification ◽  
Member States ◽  
The Rule Of Law ◽  
Normative Power ◽  
Eu Member States ◽  
The World ◽  
The Difference ◽  
The Eu

The article examines how the normative power, which the EU puts forward as an ideological basis of its actions in the world, manifests itself in the national partnerships for modernization between Russia and EU member states. The authors demonstrate the influence of the EU’s normativity on its approach to modernization as well as the difference in the positions of its member countries. It is concluded that there is no unity in the EU’s approach to democracy, human rights and the rule of law, and the new classification of EU member states, which is based on their readiness to act in accordance with the Union’s concept of normative power, is offered.

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