Suchergebnisse

The article examines the legal status of legal entities of public law as participants in civil circulation. Both general and special research methods were used, which were determined by the purpose of the article, taking into account the object and subject of the research. To study the above-mentioned civil law relations in their interconnection and development, the dialectical method was used. The comparative legal method was used to analyze the world experience of legal regulation of the status of legal entities of public law in foreign legislation and the doctrine of law, in particular, in the legislation of the CIS countries. Results showed that legal entities of public law are organizations; as legal entities; have the characteristics of a legal entity: organizational unity, the presence of separate property, acting in circulation on their own behalf, independent civil liability. In addition to the general features of a legal entity, legal entities of public law also have special features that characterize them as participants in civil turnover. It was concluded that legal entities of public law are a type of legal entity, are created in the administrative order by the state and have targeted legal capacity.

The purpose of the study was to clarify the methodological foundations of the essence of public administration bodies as subjects of administrative procedural law. The methodology of scientific work is determined by the optimal combination of general and special methods of scientific knowledge, which made it possible to form a holistic understanding of the legal form of social phenomena accompanying the development of the state. It is proved that administrative procedural law has its own system, the primary element of which is the administrative procedural norm, so that its normative impact coincides with the purpose of administrative procedural law, namely the practical implementation of administrative and legal norms in the field of public law and, by extension, public administration, i.e. the transformation of substantive administrative law norms at the level of practical implementation of a particular right of a person. The system of administrative procedural law, consisting of rules, institutions and administrative procedural sub-sectors, stands out. Everything leads to the conclusion that the system of administrative-procedural law is in the formative stage and is structurally composed of administrative-procedural norms, institutions and sub-branches and is essentially related to the substantive norms of administrative law.

The purpose of the article was to determine the specific features of public control over the activities of certain law enforcement agencies and to develop suggestions for their improvement. The methodological basis of the research is general scientific (method of philosophical dialectics, etc.) and special legal methods of cognition (systemic, theoretical and legal, formal and dogmatic, comparative, state modeling method, etc.) The authors have developed their own definition of the concept of public control over the activities of law enforcement agencies. In the conclusions it has been offered to develop and approve the Law of Ukraine «On public control over the activities of law enforcement and supervisory bodies», which would systematize all forms of public control provided for in the Ukrainian legislation. Finally, suggestions have been developed for the introduction of positive international experiences of public control over the activities of law enforcement agencies in various countries.

There are prima facie reasons why political parties should be recognized as public law persons of the Croatian legal system: Political parties play a leading role in the creation & implementation of the state's will. Continental European legal systems distinguish between public & private law: the Croatian Constitution prescribes that political parties are associations with the features typical of public law persons. What requires analysis is the nature & consequences of the public law personality of political parties. Aristotle's theory of justice is still a useful starting point for distinguishing between public & private law, & between public & private law persons. The theory demonstrates that both the political community & the economic market presuppose standards of conduct that regulate interaction of their members. The standards include two essential types of legal acts, namely, statutes, which are fundamental acts of public law, & contracts, which are fundamental acts of private law. The dichotomy of legal acts implies virtually all the criteria that Roman & Continental lawyers have found important for distinguishing public & private law (source, bindingness, hierarchy, interest, subjects, etc). The division of a legal system into private & public law can be positivized in several ways. However, a liberal, democratic, & social legal system ought to meet the following principles, which guarantee the public law status of political parties: explicit recognition of the public law personality; justiciability; constitutionality; transparency; democracy; solidarity. The principles are followed by the Draft Bill on Political Parties, which was prepared by the Croatian Law Center in May 2002 & was adopted, with some changes, by the Committee on Constitution, Rules of Order, & Political System of the Croatian Parliament in July 2002. 90 References. Adapted from the source document.

The author holds in this article that a thoughtful reflection on the construction of a worldly public space should include the idea of a anamnetic democracy when thinking about the possibility of a integral & just globalization. To go beyond the simple foreign policy would mean to address a new paradigm of the international law based on the insights of an ethics of the responsibility with a critical reference to the past. Adapted from the source document.

In this text the author deals with the analysis of the fundamental legal texts regulating local self-government & administration in the Republic of Croatia & to what extent they are 'the fall guys' to be blamed for the state the systems of local self-government & administration are in. He concludes that these laws are a major generator (though not the only one) of the crisis of local self-government & administration in the Republic of Croatia. 16 References. Adapted from the source document.

How best to determine a territorial organization of political power structures and, particularly, of States has become a subject of great interest within Constitutional Law. This article analyses the main problems that are posed in decentralized States that must design sustainable development strategies given the existence of a multiplicity of actors who can each have different development goals and, therefore, environmental policy models. It analyses four models of power distribution to evaluate their influence on environmental policies. On the basis of this comparative analysis, the article concludes that sustainable development entails territorial consensus, because unilateral policies can cause implicit erosion in the territorial model. References. Adapted from the source document.

The paper discusses some emerging issues of criminal liability for assaults against public officials in various jurisdictions. Emphasis is placed both on the comparative approach to analyzing the relevant criminal statutes and on the specific legal framework for the protection of the life and health of law enforcement officers. Based on the provisions of statutory criminal law and the case law of several countries, it is shown that the life, health and property of law enforcement officers enjoy a higher level of protection. This is explained by the fact that such persons are direct representatives of the state, perform their duties in public, remain under public scrutiny and, therefore, may become an easier target for assault crimes. In the conclusions of the research, it has been argued that the determination of the legal grounds, scope and limits of protection of public officials by criminal law should be carried out at the national level (or state level in a federal jurisdiction), based on the orientations and principles of the domestic criminal law policy and program of a given nation.

What must we do to create a judicial global space that not only responds to the concerns of public & private actors but also introduces regulatory mechanisms for markets & behaviors? There is not only one, but two likely formulae, corresponding to two different international cooperation traditions, whether common interest & law are privileged or, on the contrary, the autonomy of actors & public or private behavior codes. While the multilateral path is not seen anymore as a short-term promissory option, some believe that the bilateral & regional options feature a number of advantages, such as functioning as an institutional laboratory, & having the ability to easily unravel the tension between individual concerns & the general interest. This work explores the terms of the current debate in light of the impossible triangle of international cooperation, using investment & competition as case study. Adapted from the source document.

Este articulo explora los relatos que se desprenden de las politicas publicas en materia de violencia contra las mujeres e interrupcion del embarazo en Espana. En el primer caso, se analizan las repercusiones de la institucionalizacion del relato de la violencia de genero a traves de la Ley Organica 1/2004. frente al relato hasta entonces dominante de la violencia domestica. En el segundo caso, se analizan las caracteristicas del relato del aborto en el marco de la salud sexual y reproductiva que consolida la Ley Organica 2/2010 frente al relato que enfatiza la proteccion del no nacido. Ademas, este articulo debate como la interseccionalidad en ambos casos puede utilizarse como un instrumento para analizar repartos de poder y visibilidad en el ambito de estudio de las politicas publicas This article explores the narratives within public policies on violence against women and abortion in Spain. Firstly, the article analyses the institutionalization of the narrative of gender violence which is established by the Organic Law 1/2004 versus the previous dominant narrative of domestic violence. Secondly, this article analyses the features of the narrative of abortion in the frame of sexual and reproductive health which is established by the Organic Law 2/2010 versus the narrative that emphasises the protection of the unborn. In addition, this articles debates how intersectionality could be used in both cases as a tool to analyse distributions of power and visibility within public policy studies. Adapted from the source document.