scholarly journals Odpowiedzialność polityczno-prawna Prezydenta Ukrainy

2020 ◽  
Vol 6(161) ◽  
pp. 145-168
Author(s):  
Andrzej Stec
Keyword(s):  
Legal Status ◽  
Legal Responsibility ◽  
The Political ◽  
Political Responsibility ◽  
Legal Norms ◽  
Basic Law ◽  
Head Of State ◽  
The Social ◽  
State Governance ◽  
Social Harmfulness

One of the democratic mechanisms of state governance is to define the political and legal responsibilities of the supreme state bodies. The type and scope of responsibility also determines the legal and constitutional position of the head of state. In the article, the author analyzes legal norms regarding the political and legal responsibility of the President of Ukraine. The examination of problems related to these norms is based on Ukrainian and foreign constitutional and statutory solutions. Political (parliamentary) responsibility is related to the relevance, legitimacy and purposefulness of decisions made by the person holding the office of President. It is assessed by the appointing or controlling body. Although the current legal status in Ukraine does not provide for the institution of the President’s political responsibility, such solutions were present during the political changes after the collapse of the Union of Soviet Socialist Republics. Political responsibility of the Head of State in 1991–1993 was provided by the repeatedly amended Constitution of Soviet Ukraine (of 20 April 1978, as amended in Article 114-9(3)). The constitutional responsibility of the President in Ukraine is regulated in Article 111 of the Basic Law, which states that the Head of State is responsible for treason and other crimes, without however indicating the premises or grading the social harmfulness of these prohibited acts. The discussed problems related to the triple division of power, its exercise and legitimacy appear more and more often in Ukraine, Hungary, Poland and other countries of Central and Eastern Europe, affecting the security of the entire region.

scholarly journals The Institution of Presidency in the Russian Federation: Issues of the Establishment and Reformation at the Present Stage

2021 ◽  
Vol 1 ◽  
pp. 45-48
Author(s):  
Saida A. Saybulaeva ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
The Political ◽  
Legal Institution ◽  
Present Stage ◽  
Legal Norms ◽  
Head Of State ◽  
Russian State ◽  
The Russian Federation ◽  
Constitutional Changes

The article deals with the establishment, formation and development of the Institute of the presidency in the Russian Federation. It is shown that this legal institution was established in complex political, legal and social conditions under the influence of international and national factors. Two main historical and legal stages of the establishment and formation of the Russian presidential Institute are considered. It is noted that the specifics of the Russian institution of the presidency were formed under the influence of, among other things, received and successive legal norms, which predetermined the formation and functioning of a new and unique legal institution for the Russian state. The article analyzes the consequences of modern constitutional changes in the political and legal status of the head of state and their subsequent impact on the state mechanism of the Russian Federation.

the presidential and the semi-presidential system

2021 ◽  
Author(s):  
Peshraw Mohammed Ameen
Keyword(s):  
Political System ◽  
The United States ◽  
Realistic Model ◽  
The Political ◽  
Kurdistan Region ◽  
Political Responsibility ◽  
Parliamentary System ◽  
Head Of State ◽  
Presidential System ◽  
The Government

In this research we dealt with the aspects of the presidential system and the semi-presidential system, and he problematic of the political system in the Kurdistan Region. Mainly The presidential system has stabilized in many important countries, and the semi-presidential concept is a new concept that can be considered a mixture of parliamentary and presidential principles. One of the features of a semi-presidential system is that the elected president is accountable to parliament. The main player is the president who is elected in direct or indirect general elections. And the United States is a model for the presidential system, and France is the most realistic model for implementing the semi-presidential system. The French political system, which lived a long period under the traditional parliamentary system, introduced new adjustments in the power structure by strengthening the powers of the executive authority vis-à-vis Parliament, and expanding the powers of the President of the Republic. In exchange for the government while remaining far from bearing political responsibility, and therefore it can be said that the French system has overcome the elements of the presidential system in terms of objectivity and retains the elements of the parliamentary system in terms of formality, so it deserves to be called the semi-presidential system. Then the political system in the Kurdistan Region is not a complete parliamentary system, and it is not a presidential system in light of the presence of a parliament with powers. Therefore, the semi-presidential system is the most appropriate political system for this region, where disputes are resolved over the authority of both the parliament and the regional president, and a political system is built stable. And that because The presence of a parliamentary majority, which supports a government based on a strategic and stable party coalition, which is one of the current problems in the Kurdistan region. This dilemma can be solved through the semi-presidential system. And in another hand The impartiality of the head of state in the relationship with the government and parliament. The head of state, with some relations with the government, can participate in legislative competencies with Parliament.

scholarly journals The Spanish King’s Christmas Messages as a Ritual Genre of Institutional Discourse: A Comparative Study

2020 ◽  
Vol 18 (1) ◽  
pp. 57-70
Author(s):  
Marina M. Raevskaya ◽  
Irina V. Selivanova
Keyword(s):  
Media Coverage ◽  
Legal Status ◽  
Institutional Discourse ◽  
Peaceful Coexistence ◽  
Major Purpose ◽  
Communicative Strategies ◽  
Head Of State ◽  
The Social ◽  
Main Instrument ◽  
Scientific Value

The article deals with the Christmas messages of two Spanish monarchs, Juan Carlos I and Philip VI, issued from 1975 to 2018. These texts are considered to be a ritual genre of institutional discourse and are analyzed in the context of political rhetoric. Since the restoration of the monarchy in Spain in 1975, the Spanish King’s Christmas messages are thought to be the main instrument of communication of the Head of State with his citizens. Although they do not have any legal status and belong to the realm of customs and traditions, these speeches receive wide media coverage because they are one of the few occasions when the monarch addresses the Spanish people on television. This paper highlights the idea that the messages are ideologically driven and politically motivated since their major purpose is to strengthen the image of the monarchy and to convince people of the necessity and advantages of peaceful coexistence, respect for the law, and national pride. The article also focuses on the images of the past, the future, the speaker, the addressee (Spanish society), and the country. The scientific value of this paper is in providing a comparative analysis of the communicative potential of the Christmas speeches issued by Juan Carlos I and Felipe VI. It was revealed that the two monarchs appealed to the same values and feelings of their people. Juan Carlos I and Felipe VI underlined the importance of peaceful coexistence in Spain, a highly democratic country where the monarch is the symbol of its unity and permanence. As for linguistic aspects, the speeches comply with the rules of classical oratory and are characterized by a set of common features: for instance, both monarchs employ the same rhetorical devices and communicative strategies in order to impact the audience and make the message more direct and influential. Nevertheless, Felipe VI makes his messages more personal, emotional and appealing, in comparison with the messages of his predecessor. The authors described invariant and variative features of the Christmas speeches issued by two Spanish monarchs taking into account some differences which can be explained by the social, economic and political context of modern Spain.

Networks of Resilience: Legal Precarity and Transborder Citizenship among the Karen from Myanmar in Thailand

2019 ◽  
Vol 7 (1) ◽  
pp. 63-89
Author(s):  
Indrė Balčaitė
Keyword(s):  
Migrant Workers ◽  
Legal Status ◽  
Life Stories ◽  
The Political ◽  
Critical Research ◽  
The Social ◽  
And Migration ◽  
Karen Refugees ◽  
The Relationship ◽  
Precarious Legal Status

AbstractThis study probes the relationship between legal precarity and transborder citizenship through the case of the Karen from Myanmar in Thailand. Collected through ethnographic multi-sited fieldwork between 2012 and 2016, interconnected individual life stories evolving across the Myanmar-Thailand border allow the critical interrogation of the political and legal categories of ‘migrancy’, ‘refugeeness’, and ‘citizenship’, teasing out their blurry boundaries in migrants’ experience. Following the recent critical research in legal ethnography, this study demonstrates that legal precarity is not simply an antithesis to citizenship. The social and legal dimensions of citizenship may diverge, creating in-between areas of not-yet-full-citizenship with varying levels of heft (Macklin 2007). The article consists of three parts. First, it offers a theoretical framework to reconcile the Karen legal precarity (even de facto statelessness) and citizenship, even on both sides of the border (legally impossible). Second, it presents the three groups of Karen in Thailand, produced by the interaction of three major waves of Karen eastward migration and tightening Thai citizenship and migration regulations: Thai Karen, refugees, and migrant workers. All three face varying levels of legal precarity of temporary status without full citizenship. However, the last part demonstrates the intertwined nature of those groups. A grassroots transborder perspective reveals the resilience of the Karen networks when pooling together resources of the hubs established on Thai soil by the three waves. Even the most recent arrivals in Thailand use those resources to move from one precarious legal status to another and even to clandestinely obtain citizenship.

scholarly journals A Postmodern Defence of Universal Liberal Legal Norms

2010 ◽  
Vol 23 (1) ◽  
pp. 5-31 ◽  
Author(s):  
Lisa M. Austin
Keyword(s):  
The Self ◽  
Legal Responsibility ◽  
Ethical Responsibility ◽  
Community Practice ◽  
Legal Norms ◽  
Liberal Democratic ◽  
The Social ◽  
Universal Human Rights ◽  
Strong Resemblance ◽  
Democratic Norms

The idea of universal liberal legal norms has long been under attack from a variety of sources. One of the most sustained and sophisticated philosophical versions of such an attack is found in the work of Martin Heidegger. His argument from the social embeddedness of the self to the ultimate contingency and groundlessness of any claims of normativity has been highly influential across a number of fields. This paper argues that legal theorists who wish to contest such a view should look to the work of philosopher Emmanuel Levinas. In his critique of Heidegger, Levinas affirms the significance of the human beyond the particular context in which we find ourselves embedded. Levinas wrote very little about law; his main focus was on ethical responsibility and the claim that an “other” makes on me. I argue that legal responsibility is fundamentally different, concerned instead with the claims that a self can make on others. Drawing upon Levinas’ understanding of the self as constituted through ethical responsibility, I argue that a Levinasian account of justice can support liberal-democratic norms such as freedom, equality and dignity. Indeed, Levinas himself endorsed universal human rights and even indicated a strong affinity with Kant’s idea of justice. What he denied, however, was that justice is a fully rational and coherent concept. I argue that this does not render justice incoherent or call into question the basic status of the norms of justice. Rather, a Levinasian account of justice shifts the emphasis to the community practice of reasoning about universal norms, a practice that is never complete. I further suggest that such a practice of reasoning should be familiar to lawyers as it bears a strong resemblance to common law reasoning.

scholarly journals Understanding the Government Responsibility and Role of Enterprises’ Participation in Disaster Management in China

2021 ◽  
Vol 13 (4) ◽  
pp. 1708
Author(s):  
Feng Kong ◽  
Shao Sun
Keyword(s):  
Disaster Management ◽  
Legal Responsibility ◽  
The Political ◽  
Chinese Government ◽  
Disaster Prevention ◽  
Political Responsibility ◽  
Government Responsibility ◽  
The Government ◽  
Role Of The Government

The natural advantages of enterprises in capital, technology, and equipment make them have great potential in disaster management. How to ensure enterprises participate in disaster prevention and mitigation efficiently is a responsibility that the government must undertake, on the other hand, it can also relieve the pressure of the government. This paper first introduces the continuous improvement of enterprises’ role in disaster management. Then, this paper analyzes the political responsibility, legal responsibility, social responsibility, and economical responsibility of the government in an enterprises’ participation in disaster management. This paper further analyzes enterprises’ deficiencies in disaster management and the multi role of the government in enterprises’ participation in disaster management. Finally, this paper puts forward the pathways of the Chinese government to promote enterprises to participate in disaster management.

scholarly journals First minister (prime minister) of the Fifth French Republic: Between the significant constitutional position and the prevailing practice in the shadow of the head of state

2021 ◽  
Vol 55 (1) ◽  
pp. 223-252
Author(s):  
Milan Rapajić
Keyword(s):  
Prime Minister ◽  
Executive Branch ◽  
Political Life ◽  
The Political ◽  
Political Responsibility ◽  
Political Practice ◽  
Head Of State ◽  
The Republic ◽  
The Government ◽  
The Right

One of the characteristics of the system of government in the Fifth French Republic is the strengthened position of the head of state, but also the existence of the first minister as a constitutional category with a significant role. The constitution provides the political responsibility of the government with the Prime Minister and ministers before parliament. Certain French writers have opinion that the Prime Minister appears as the central figure of the constitutional structure. The Prime Minister shall direct the actions of the Government. This is 21 of Constitution. Also, there are specific powers that put the Prime Minister in the position of its real head of government. Among the prime minister's most important powers is his right to elect members of the government. It is the right to propose to the President of the Republic the appointment but also the dismissal of members of the government. The Prime Minister is authorized to re-sign certain acts of the President of the Republic. In case of temporary impediment of the head of state, the Prime Minister chairs the councils and committees for national defense, as well as the Council of Ministers. The paper analyzes the constitutional provisions that lead to the conclusion that the position of the Prime Minister is institutionally constructed as strong. Political practice, with the exception of periods of cohabitation, has indicated that most prime ministers have been overshadowed by mostly powerful heads of state. For that reason, it is necessary to analyze the political practice of all eight presidential governments. A review of the already long political life that has lasted since 1958. points to the conclusion that in its longest period, presidents of the Republic dominated the public political scene. The Prime Minister has a more pronounced role in the executive branch during cohabitation periods. However, nine years in three cohabitations cannot change the central conclusion of this paper that the dominant political practice of the Fifth Republic has led to the Prime Minister being essentially in the shadow of the head of state.

scholarly journals INSTITUTE OF PRESIDENCY IN HUNGARY AND UKRAINE: POLITICAL AND LEGAL ASPECT

2020 ◽  
pp. 85-94
Author(s):  
Sergii Tellis ◽  
Keyword(s):  
Comparative Study ◽  
Legal Status ◽  
Legal Aspect ◽  
Executive Branch ◽  
The Political ◽  
Constitutional Court ◽  
Personal Impact ◽  
Positioning Strategy ◽  
Head Of State ◽  
The Government

The article provides a comparative study of the constitutional powers granted to presidents in Ukraine and Hungary in the context of the political and legal aspect, and also an attempt to appraise the role of subjective factors involved in the exercise of state power and transformation of the presidency institute of the aforementioned states. The aim of the article: to comparative study of the constitutional and legal status of Hungarian and Ukrainian presidents in the political and legal context and performing an appraisal of the personal impact exerted by the head of state on the government of the above-said countries. The research methodology: to observation and generalization; ordering of all basic elements; method of scientific generalization, which made it possible to formulate conclusions. As a result, it is established that the institution of the presidency in Ukraine is the core of the executive branch, which dominates the state system. In Hungary, the executive and legislative branches make up a political bloc (alliance) which is counterbalanced in certain relations by the constitutional court and judicial power. The subjective factor, namely personal qualities of presidents – career path, role perception, interpretation of powers – determines the political heft of the head of state. Subject to sufficient individual traits, a constitutionally “weak” president is able to influence the country’s development concept and the positioning strategy on the global scene.

scholarly journals Prohibitions in the Social and Legal Regulation: an International Aspect

2019 ◽  
pp. 2230-2240
Author(s):  
Aleksandr V. Mal’ko ◽  
Veronika S. Khizhniak
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Effective Mechanism ◽  
Basic Principles ◽  
Legal Norms ◽  
Effective Implementation ◽  
The Social ◽  
Legal Mechanism

This work is focused on the problems arising in imposing prohibitions in international relations; the authors identify the main legal and social aspects hindering creation of effective mechanism for implementing prohibitions in international relations and enlist possible ways of eliminating the possible problems. The analysis of the international legal norms of institutionalizing prohibitions and practices of their implementation revealed that an effective implementation of prohibitions is often associated with the need to amend national legislation, as well as with the presence of Russia’s own legal norms that make it possible to apply the norms of international law in the state directly, or to apply them jointly with the norms of the national law. The absence of a universal international instrument governing the responsibility of states for breaching legal prohibitions makes it difficult to implement these prohibitions and comply with them, although states may follow the rules of the “Draft Articles on Responsibility of States for Internationally Wrongful Acts” as a document stating moral (political) prescriptions. The main problems cumbering the development of an effective mechanism for implementation of prohibitions are the following: the absence of agreed international and domestic legal mechanisms for implementation of prohibitions; the reluctance of states to bear responsibilities; the attempts to mitigate the prosecution of citizens, especially officials; and failures to take adequate legal measures for resolving the problem. The authors necessitate adoption of documents that could regulate the issues of international legal responsibility, though in a unipolar world it is very problematic and can even aggravate the situation. The mechanism developed under such conditions can reflect the position of only one state and therefore can result in consolidating an undesirable hierarchy of states in international relations. An effective legal mechanism of responsibility for the violation of prohibitions in international relations can arise only in a multipolar world. It is also necessary to abide the basic principles of international law, to strengthen international cooperation and improve the mechanisms of international legal regulation. These efforts also call forth the establishment of a multipolar world

scholarly journals Legal Regulation of the Preservation of the Culture of Ukrainian Peasantry: Current Situation and Prospects for Improvement

2020 ◽  
pp. 253-259
Author(s):  
Tetiana Kovalenko ◽  
Elina Pozniak
Keyword(s):  
National Culture ◽  
Environmental Law ◽  
Leisure Activities ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Norms ◽  
Legal Provisions ◽  
The Social ◽  
State And Local ◽  
The Village

This article investigates the current state of legal regulation of preserving the culture of Ukrainian peasantry as a carrier of Ukrainian identity, culture and spirituality of the nation. The necessity to revive and preserve the peasant as a landlord, bearer of morality and national culture is reflected in the scientific approaches of legal scholars in the field of agrarian, land and environmental law of Ukraine. In the process of analysis of a number of sources of agrarian, land, environmental law, normative legal acts of a programmatic nature, the existence of significant legal defects in the specified field was revealed (declarative nature of legal provisions, legal gaps, lack of complexity of legal regulation, inefficiency of legal norms). As a result, degradation of the spiritual, environmental, legal culture of the peasants occurs. The authors found that the effectiveness of a number of legal acts, aimed at the legal regulation of the culture of Ukrainian peasantry, the social development of the village and the revival of social cultural and material infrastructure, is low. The measures identified in them to overcome the crisis in the social sphere of the village have practically no proper mechanisms of implementation. In view of this, the authors substantiate ways to improve the legal regulation for the preservation of the culture of Ukrainian peasantry. The key to preserving the peasantry as a carrier of the national culture of Ukrainian people, according to the authors, is a integrated solution to the peasant's social problems. This direction of state policy should be implemented through organizational, legal and socio-economic measures aimed at ensuring employment and reducing unemployment, expanding the network of cultural institutions in the countryside, improving the level of education of rural youth, the development of environmental awareness, education, legal and advisory activities. Increasing the standard of living and life of Ukrainian peasantry, the authors associate with the need for its financial and economic support with the use of funds from the State and local budgets for the implementation of cultural and educational activities in the countryside, leisure activities with the promotion of agricultural producers. An important guarantee of preserving the culture of Ukrainian peasantry is to increase the legal responsibility of officials of state authorities and local self-government for making decisions that limit or violate peasants' rights.

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