Recognition of regional features, outlining of the contours of regions, tendency to regionalize ethnic, economic, cultural and state-administrative space, and strengthening the ideology of regionalism in the Federal Republic of Yugoslavia, that is Serbia and Montenegro, appear as a practical and political but also as a theoretical problem which includes and combines several scientific disciplines. The phenomenon of regionalism is not contradictory although it is primarily expressed through the numerous conflicts of interests rivalry and antagonisms of political subjects. The problematic side of the phenomenon of regionalism includes the result of an extremely negative and existentially tragic experience of the several years-long disintegration of the complex Yugoslav state. During the partition and disintegration of the second Yugoslavia, there also happened the disintegration of the Serbian ethnic area Growth, support and instigation of regional tendencies occurred in the historical circumstances of secession and did not stop in the post-secession period. Particularization and segmentation of political area, as well as the disintegration of the former state, did not occur in accordance with the norms of internal and international law. Legality was late and was achieved within the transformation of power reflected in the changed territorial policy of the dominant alliance of great powers. The entire past decade was characterized by an extraordinary metamorphosis of political space. Secession trend had the territorial features which included the change of borders and had been long in the focus of the global geopolitical attention. Territories were divided and made smaller. Intensive territorial dynamics within the external silhouette of the de-stated SFR of Yugoslavia resulted in the creation of several state and quasi-state political formations. Former republics became semi-sovereign states. Dispersed and displaced Serbian ethnos was configured in the three territories: in the Republic of Serbia - from which Kosovo and Metohia were amputated and placed under the UN protectorate - in the entire Republic of Montenegro and in the Republic Srpska, located in one part of the former Bosnia and Herzegovina. Demopolitical result of the geopolitical destruction of the Serbian ethnos was a great movement of the Serbian population from the west to the east, and its concentration in the territory of the Republic of Serbia this implied that the Serbs were expelled from their millennia-long abodes in Croatia, parts of Bosnia and from Kosmet. The geo-economic result of the same process was the devastation of the national economic strength west of the Drina and in the southern province. Economic regression occurred also in the national parent-land state. Balkan re-arrangement of the spheres of interest in the post-bipolar period was in 1995. fixed by the interest arrangement of the great powers known under the name Dayton Peace Agreement. Redistribution of the territories from the destroyed state occurred in the post-communist period with the expansion of west-civilization structures to the European east Westernization of the eastern part of Europe, or entire Europe as the other pole of the global West, could be characterized as a dual mega-regionality. Namely, the west is composed of Europe and America; on the other side, there is the global East or its hybrid variation Eurasia. With the disappearance of their common state and its framework, south Slavs found themselves in the seemingly independent, and actually client states. Western delimitation of the south Slavic area moved from the Yugoslav borders towards a wider Balkan demarcation. One could say that the revitalized notion of the Balkans became a new, in many aspects obligatory framework for regional thinking. The Balkan macroregion is further determined by the intentions to expand the European Union. One of the Euro-centric concepts, which is being experimentally employed precisely in the Balkans, is the establishment of the so-called Europe of regions in the peripheral areas. On the other hand, even though the process of the disintegration of the Yugoslav Federation appears to be irreversible, the superordinate Euro-American factor does not give up the possibility of the mezzo-regional initiatives, cooperations, associations and integrations. This "middle" level of dealing with the specificities of the Yugoslav region is related to the states and nations from the former Yugoslavia, or the so-called West Balkans. Naturally, it is not the tendency to revive the silhouette of the previous state, but certainly there is a noticeable intention to achieve a regional linking of the related, now semi-sovereign territories which sometimes belonged to the same state framework. The fourth level deals with microregionalism, that is the relation between the different areas in the newly-created states. It is interesting that the regionalist discourse is mostly cherished exactly in the ethno-heterogeneous Serbian area, although other Yugoslav states also have or had regional tradition and mixed population, like, for example, Slovenia and Croatia Nevertheless, these former Yugo-republics are structured as mono-national states, so the regional policy and ideology of regionalism are still not in the first plane. Regionalism within the newly-formed states could be supplemented with the micron level implying specific sub-regionalism of the highest degree, within the larger regions in the same state. This could be illustrated with Backa, Banat and Srem inside Vojvodina, understood as the northern Serbian region, or Kosovo and Metohia in the south of Serbia, in the province with the same name. In the part of Serbia outside the provinces, similar things could be said for Belgrade with its surroundings, Macva, Podrinje, Sumadija, Raska District etc. Thus, when it comes to the present FR of Yugoslavia, all five levels of regional dynamics have a principled, but insufficiently studied significance. Mega-regional level is related to the mark denoting the global belonging to the West. Macroregional level deals with the European loyalty, that is inclusion of the FR of Yugoslavia into the continental European trends. This trans-continental and continental direction of inclusion implies a historical teleology of the relative eastern belonging to the absolute West, that is Euro-America, and the entrance into the full structure of the European Union. All the mentioned problems of recognition and characterization of the regional phenomenology in the political topography of the world are motivated by the tendency to achieve as clear as possible spatial-temporal national and state orientation The direction is related to the so-called safety dilemma of the nation and the country faced with the change of size and essence of one's own state, with the different geopolitical position and redefined foreign-policy priorities. It is also the case of the changed alliance policy, and the innovated strategy of integration into the old and new global and regional political structures. On the basis of the indicated components of geopolitical context, one could say that the phenomenon of regions and their cognate correlates {regionally regionalization and regionalism) should not be understood exclusively through the legal categories of international law and the so-called constitutional solutions, that is administrative division of the state territory. Actually in the analysis of regions and regionalism in Serbia and the FR of Yugoslavia it is necessary first to discuss the pre-normative or meta-le-gal factors in the creation of the regional issue within the national and state issue, which have the form of the unsolved political problem. Meta-legality is located within the domain of the international relations and geopolitic. Meta-legal or pre-normative factors of the formation or recognition of regions and regionalisms deal with the possibility of the political constitution of the Serbian, that is Serbian / Montenegrin (still Yugoslav) society. Since the unique state area was destroyed in the four-year secession wars and there occurred significant demopolitical changes, war migrations, forceful displacements and expulsion of the population - the ethnic character of many areas was also drastically changed. At the same time, the post-secession existence of the FR of Yugoslavia could be also viewed through the optics of the state residuum. The remaining Serbia or Serbia (temporarily) without Kosovo is certainly not an equivalent for the Serbian ethnic space, nor for the entire Serbian lands. It is not even the FR of Yugoslavia, as a dual con federation of the Serbian / Montenegrin nation. Geopolitical reduction of the SFR of Yugoslavia to a residual creation of the FR of Yugoslavia was not deduced from the legality sui generis, but resulted from a conflict, the defeat of integralism and the victory of separatism, as well as from a new triumphal configuration of power. The impulse implying the statism of the collective rights from the former complex federal necessarily-multinational level was transferred to a lower mononational level. Therefore, the regionalist ideology in the post-secession reality of the residual state almost inevitably, as a tendency, nears the separatory particularism. Even the lost national state and the state entirety are openly denied within the requests for the territorization of the collective rights of various minorities. Naturally these requests do not carry the primary features of the development of democracy. On the contrary, in the majority of cases this implies the rise of parish and tribal consciousness prone to narrow-minded separation. Thus the post-secession requests for the regionalization are often just a slight rhetorical mask for real separatism. For example, they are expressed through the pseudo-national separation of Vojvodina from Serbia, as well as Montenegro from Serbia, or through the establishment of state-like entities in the territorial tissue of Serbia Alleged arguments are found in the unfinished disintegration of the SFR of Yugoslavia on the one hand, and in the prevention of the creation of the so-called Greater Serbia, even within the diminished Serbia That way, even in the post-secession, reduced Serbia one could easily recognize the tendencies of federalization and confederalization, even the amputation of its remaining state space. Additional arguments for the crawling secession and prolonged territorial destruction are found in the ideology of globalization and world trends of relativizing territorial integrity and state sovereignty. On the other hand, the idea about the principled insignificance of borders in Europe without borders, as well as Europe of regions, is emphasized. Thus, it is obvious that the new state and regional delimitations and demarcations are in contradiction with the vision of the trans-statal and trans-national integrity of the European continent. In Serbia itself, me problem of the restructuring of regions is determined by the inherited and unchanged triple division of its territory into the central part and two autonomous provinces in the north and south. Thus every idea for regionalization (expert, party, leader's, NGO and the like) faces the inherited, too narrow constitutional framework and easily slides to the federalization or confederalization of the Republic, and in extreme cases to the independence and sovereignty of ethnic, religious, linguistic and other minorities. Roughly put, the tendencies for territorial separation from the Republic of Serbia still exist in several neuralgic and unstable areas or regions. In Vojvodina, the presented tendencies have the character of a meaningless internal - Serbian autonomy, autonomism, latent separatism. Authentic Serbian autonomy lost its original character long ago and deteriorated into an internal national re-statism. On the other hand, in the furthest south of Serbia, in Kosmet, the UN protectorate is established, but the region is actually occupied and thus the status of the Province is "frozen". In the three municipalities in the south of Serbia, with the relative Albanian majority, Albanian separatism smolders within the platform of the so-called east Kosovo. In the Raska region (Sandzak) there are also strong tendencies for separateness on the religious-ecclesiastical, so-called Bosniac platform, with religious solidarity, and ethnic and territorial unity of all Bosniacs. In the meta-legal or pre-normative situation - which most often denotes political and geopolitical context implying interests, power and force - the inclinations for territorial design are faced with the conflicting ideology of regionalism. Therefore, the constitutional-legal solutions of the former, present and future regions, generated within the self-created legality which does not respect meta-legal, political and geopolitical impulses regardless of how aestheticized and "humanized" they may be - at the end face the practical impossibility of realization.
The oil and gas sector in Ethiopia, currently at a very early stage of development, shows good potential for development on the long-run. The sector will benefit from strategies and policies to implement the broader vision for the sector. Development of the oil and gas sector in Ethiopia has the potential to transform the country's economy. To this end, the Government of Ethiopia (GoE) has requested technical assistance and capacity building support from the World Bank as part of a wider package of support provided by the Bank (in coordination with other development partners) to develop the extractive industries (oil, gas, and mining) sector of Ethiopia. The main objective of the work to be undertaken, is to provide guidance and build capacity in GoE as it undertakes the wider update of its policy, legal, and regulatory framework of the oil and gas sector. Adam Smith International (ASI) was contracted to review the policy and regulatory framework for the oil and gas sector and provide recommendations. This final report on policy and regulatory options has been prepared at the conclusion of the analytical stage of the project, and was preceded by the initiation report submitted in July 2015. This report has two objectives. Firstly, to provide a comprehensive review of the current policy of the GoE towards the oil and natural gas sector. Secondly, to evaluate the regulatory framework in terms of good international practice.
Summary of the Study Introduction Sudan is the third largest country on the African continent with a total area of 1,882,000 sq km. before the secession of South Sudan in 2011; Sudan was the largest country in Africa, covering I million square miles. Sudan is unique and complex in its climate, politics, environment, languages, cultures, religion and ethnicities. Demographically, Africans are the majority (52%), with Arab and Beja tribes constituting 38% and 6% of the population, respectively. Over 597 tribes live in Sudan that speak more than 400 dialects and practice different religions, live in Sudan. Muslims make up 70% of the total population of Sudan, followers of indigenous beliefs comprise 25% and Christians constitute 5% of the population. The complex mixture of the Sudanese social fabric renders it neither distinctly African nor Arab country. The Sudanese, however, have long disagreed about Sudan's identity. For some, Sudan should be Arab and Muslim. Other believe that the country should respect and accommodate all the cultures, religions and minorities within its territory. Most of Sudan constitutions stated that Islam and Arabic language should define the national identity. Politically, since the independence, Sudan has experienced a fluctuation between military rule and democratic rule. In fact, Sudan spent thirty years under the military rule, and only twelve years under democratically elected governments. The successive governments have frequently made use of emergency legislation to broaden the executive powers. These legislative measures have contributed to conflict and facilitated a range of human rights violations. In addition to the political instability, Sudan has the distinction in Africa in enduring a devastating civil war: that is: Sudan's north-south civil war. The conflict started just a year before the independence of Sudan, in 1956. The cumulative impact of that conflict has been massive. The conflict has caused horrendous loss of life in any interstate war, and has produced the largest internally displaced population (IDP) in the world. Sudan north-south conflict has long been perceived as ethnic or even religious conflict between the north and the south. Ethnicity has been used generously in the description of that conflict. Yet, a closer look at the history of the conflict reveals that the root-causes of that conflict are highly complex. But, this is by no means to say that conflict has had no ethnic, racial and religious overtones. The eruption of the north-south conflict was the result of a combination of factors. One could trace the root-causes of the conflict to the invasion of the south from the north by Turkiyya that expanded southwards, and the simultaneous development of slave trade. Thereafter, the British rule contributed in different ways to the crystallizing of the north-south dichotomy. After the independence of Sudan, successive governments, were unsuccessful in handling the growing southern problem, ranging from neglect to attempts to reverse the British isolation by enforced Arabisation and Islamization of the southern Sudan. The north-south conflict ended, in 1972, when Addis Ababa Agreement was signed by then President Nimeiry. But, the conflict broke out again, in 1983, when the Addis Ababa Agreement was abrogated by the then President Nimeiry. After a series of peace talks (which witnessed 'start and stop'), a Comprehensive Peace Agreement (CPA) was concluded, in 9 January 2005, between the Government of Sudan (GoS) and the Southern Sudan People's Liberation Movement (SPLM/SPLA) to end the conflict. The CPA provides for a temporary solution for the conflict through, inter alia, the distribution of the power between the north and the south of Sudan by establishing a decentralised system of government with a significant devolution of powers within which the Southern Sudan is to enjoy a regional autonomy and share half of the resources with north Sudan for a period of six years. Furthermore, the CPA creates joint institutions, such as, the Government of the National Unity (GoNU) in which the Southern Sudan participate and share ministerial posts. The CPA also provides for the establishment of a number of commissions for implementing and monitoring the CPA, for instance, the Evaluation and Monitoring Commission, the National Human Rights Commission, etc. At the end of the interim period, a referendum on the self-determination is to be held, in 2011, in which the people of the Southern Sudan will decide whether to remain within a united Sudan or to secede and form an independent State. The Aim of the Study The significance of this study derives from the conclusion of the CPA and the adoption of the Interim National Constitution (INC) that called for democratic transformation so as to bring an end to Sudan north-south conflict. While the CPA ended Sudan's north-south conflict, a lasting peace and a democratic transformation, in Sudan, may prove elusive unless the CPA provisions are translated into reality, especially the implementation of constitutional, legislative and institutional reforms, including human rights protection and respect for the rule of law. The study aims to answer whether the CPA and INC can fulfil their roles in securing peace and establishing a framework in which the constitutional protection of human rights are recognised and effectively implemented through the availability of the various mechanisms. In this respect, the CPA provided for the adoption of a new constitution (INC), with a view to embedding constitutionalism, rule of law promotion, and protection of human rights. It is, therefore, this study is meant to analyze the constitutional, legislative and institutional reforms of the CPA and INC with a view to examining whether such constitutional reforms may be conducive for a lasting peace, in Sudan, that is based on human rights protection, constitutionalism and the rule of law. The CPA stipulated the need for institutional and legislative changes to reduce the risk of recurrence of human rights violations. To this end, the CPA mandated the adoption of a bill of right (for the promotion and protection of human rights) and provided for re-restructuring of the courts system. Such institutional reforms are aimed at embedding constitutionalism. That is to say: establishing a system in which the constitution provides an agreed upon framework for the exercise of powers and the protection of human rights. In this respect, the study examines whether the outcome of the constitutional reforms process (to recognise, implement, and protect human rights as provided for in the INC) have been reflected in institutional and legislative reforms to protect and prevent human rights violations and address past violations and systemic factors that have contributed to violations. To that end, the human right jurisprudence of the constitutional court will be examined. The Organization of the Study a) The Structure of the Political/Governance System in Sudan under the INC With the devolution of the powers and resources to the Southern Sudan level and other States, the governance system, under the INC, is structured with four levels of government: the national level at the apex, the Government of South Sudan level, the State level (25 States), the local level. Now, the government responsibilities are decentralized and the national government allocates a significant proportion of revenues to the States. It is, therefore, that the first question that this study poses is: What is the impact of the current governance in giving greater equity of representation and decision-making influence to communities across Sudan, thereby facilitating conflict management to achieve a lasting peace in Sudan? In Sudan, previously appropriate design of institutions to ensure political accommodations for all social groups has not been established in a way that would give them the chance to function properly. Now, the INC restructures the prevailing governance system by establishing a decentralized system of government that bears the characteristics of asymmetrical/symmetrical federalism - asymmetrical in the structure and responsibilities of subunits, with the level of South Sudan having more powers and resources than other States across Sudan. Establishment of a federal structure may constitute a mechanism for preventing a relapse into conflict through the devolution of the powers to the State level. For a federal to work effectively, it requires a functional court system to decide on the jurisdictional limits of the different levels of government. Nevertheless, the relevance of the court system in resolving the intractably political contentions in federal countries, especially in transition situations, is uncertain. Noticeably missing from the literature is the study and analysis of the impact of the role of court system in post conflict countries. That said, the role of the court system in preserving democracy has grown in importance with the increase recognition of the judicial review of the constitutionality of the acts of the government organs and the recognition and the protection of human rights provisions. It is, therefore, that the involvement of the courts is necessary to ensure the successful operation of the federalism and thus the failure or the success of federalism is contingent on the implementation of the federal system by the courts. According to some scholars, 'federalism means legalism – the predominance of the judiciary in the constitution- the prevalence of a spirit of legality among the people'. As '[the] courts …are actually telling a government how far it can go with its assigned constitutional rights'. This leads to the second question that this study addresses which relates to the analysis of the constitutional reform as provided for in the INC, in general, but with a special focus on the role of the court system, through the application of judicial review and protection of human rights, to resolve not only disputes in litigations between private parties, but also to prevent the arbitrary exercise of the government power. b) The Structure of the Legal System (Court System) in Sudan under the INC The available literature presents different views as to the role of the court system in new democracies. On one hand, one view assumes that the courts have a fairly wide discretion to decide the outcome of the controversial cases to the needs of the political moment. The other view, on the other hand, takes the position that political actors do not exert any kind of influence at all on the way judges make their decisions. A third source, and with which I agree, argues that legal rules do put constrains over the exercise of the judicial discretion in controversial cases. A fourth view argues that in new fragile democracies constitutional courts/supreme courts should not be involved in judicial review, especially on adjudicating issues related to social and economic rights, which may profoundly affect the allocations of resources and violate the doctrine of separation of powers. In this respect, the study considers whether the court system, as restructured in the INC, and other constitutional guarantees introduced to the legal system as a whole, offer good prospects for constitutionalism that may control the power of the government so as not act arbitrarily. The role of court system in resolving disputes is highly contingent on the substantive law and the institutional structure within which the courts apply laws. Thus, this study examines to what extent the current structure of the legal system under the INC and the protection of human rights through the application of the Bill of Rights by the courts may signal the State's commitment to constitutionalism and respect to the rule of law. It is, therefore, that the role of the court system (in contributing to democratic transformation in Sudan) should be evaluated against the legal framework: that is the INC, with a focus on the independence of the judiciary, the application of the Bill of Rights and the rules governing the judicial review. c) The Legislative and Institutional Reforms under the INC The functions of the courts, in developing countries, have experienced increasingly transformative role as institutions that can hold the government organs accountable. The study aims to examine the practice of constitutionalism: that is, the implementation of the INC constitutional, institutional and legislative reforms, especially the compliance with the provisions of the INC and the CPA, in particular the role of the constitutional court as "a positive legislator". In this regard, the Sudanese Constitutional Court may play an important role in the law reform process given its power to annul laws found unconstitutional. This entails the non-applicability of such laws and, as a result, would compel the government institution/organ concerned to adopt new legislation that is in conformity with the INC. Thus far, the Sudanese constitutional court, under the INC, has received a number of human rights cases that involved issues related to violations of human rights or related to the constitutionality of key legislation, such as counter-terrorism laws, immunities for officials and statutes of limitation for torture. So what role the constitutional court has played in the law reform process under the INC? For the court system to play a role in the democratic reform, a comprehensive law reform process is seen as a prerequisite to bring the existing laws in line with the provisions of the INC and enacting new laws. Therefore, this study identifies what legislative and institutional reforms that have been undertaken by the parties to the CPA during the interim period to address human rights violations, root-causes of the conflict; inequality; marginalization, rule of law vacuum and weak democratic structures. Furthermore, this study offers empirical evidence for the judicial behavior of the Sudanese constitutional court through a systematic examination of selected human rights jurisprudence of the constitutional court to gauge its role in the law reform process in Sudan since the adoption of the INC. Overview of the Study and the Main Findings of the Study Introductory Chapter: Overview of the Study The Introductory Chapter provides an overview of the study, including, the key features of the State of Sudan, the aim of the study, the main objectives of the study, and a general overview of the study. Chapter One: A Historical Background of Sudan's North-South Conflict Chapter One gives a rich and deep account of Sudan north-south conflict. It looks at the root-causes of the conflict by elaborating on different factors that directly and indirectly contributed in making that conflict protracted. Chapter one moves on to consider the end of the first Sudan's north-south conflict which was ended when Addis Ababa Agreement was signed in 1972. Chapter one further elaborates on Sudan's second north-south conflict which broke out in 1983. Finally, Chapter one touches on the various peace initiatives that ended by the conclusion of the CPA. Chapter One concludes by analysing the CPA. In the final analysis, the CPA made significant changes the prevailing governance and legal systems in Sudan by establishing a federal system, introduced a dual legal system a bill of rights, provided for the right to self-determination for the south Sudan, established institutions for the protection of human rights by establishing mechanisms such as National Human rights Commission, and distributed the wealth equally between the north and the south. However, the CPA failed to include the Sudanese people in the talks leading to the conclusion of the CPA, as the CPA was bilateral reflecting the views of the north and the south. Chapter Two: The Structure of the Governance System under the INC The INC describes Sudan as a decentralized State with different levels of government: the national level, the Southern Sudan level, the State level and the local level. It further grants the Southern Sudan autonomy status. A careful analysis of the current governance arrangements reveals that the INC provides for asymmetric/symmetrical federalism system of governance. Chapter Two discusses the allocation of legislative powers between the national government, the Southern Sudan and the rest of the country and the nature of the constitutional design of the INC to manage diversity of Sudan (ethnic, linguistic, religious and cultural diversity). At the outset of Chapter Three provides an overview the fundamental principles of federalism and provides a brief historical background of federalism in Sudan and how federalism arrangements can play a role as a tool for peace-building. In the final analysis, in contract with old constitutions of Sudan, the INC establishes a federal system, with four levels of government; national, south Sudan, State and local levels. The INC federal system guarantees the special characteristics of all ethnic and religious groups in Sudan through the creation of the Council of the States. However, all the States in Sudan are not treated equally, because (1) two States have special status (South Kordofan and Blue Nile States), and (2) between the ten States in the South and the national level, the Government of South Sudan (GoSS) is inserted to exercise authority in respect of the ten States at South Sudan level. This means the INC creates asymmetrical/symmetrical federalism, as the South Sudan level enjoys significant autonomy and exclusive authority over ten States in South Sudan. All the States in Sudan are not treated equally, because (1) two States have special status (South Kordofan and Blue Nile States), and (2) between the ten States in the South and the national level, the Government of South Sudan (GoSS) is inserted to exercise authority in respect of the ten States at South Sudan level. This means the INC creates asymmetrical/symmetrical federalism, as the South Sudan level enjoys significant autonomy and exclusive authority over ten States in South Sudan. The INC Schedules (A – C) distribute the exclusive and legislative powers to the national level (A), the GoSS level (B), and the state level (C). Schedule (D) lists the concurrent powers and Schedule (E) allocates the residual powers as per its nature. Schedule (F) is a provision to resolve conflict that might arise under Schedule (D). It should be noted that not all issues listed in the INC schedules are allocated to one level of government only. For example, several substantive issues are granted to the national level as an exclusive competence, to the South Sudan level as an exclusive competence and at the same time to all levels of government as a concurrent power, such as telecommunication. With regard to the legislative powers allocated to the tens states at the South level, the GoSS according to Schedule (B) has the competence to enact a kind of framework with regard to issues that fall under the exclusive South Sudan State competence, thereby limiting the legislative powers of the ten States in South Sudan. Finally, the INC has reinforced existing power relations and failed to provide structural changes for democratic transformation, as the INC asymmetrical federalism accommodates the demands of the South Sudan only. As the INC does not accommodate the demands of the different ethnic and cultural groups in the different regions of Sudan as demonstrated in Darfur Peace Agreement and East Sudan Agreement. Chapter Three: The Structure of the Legal System under the INC The INC altered the Sudanese legal system with a view to accommodating the competing views: Sharia law and secularism. For a proper understanding of the present Sudanese legal system and an assessment of the role of the court system in contributing to democratic governance, a glance at the Sudanese legal history is necessary. Firstly, Chapter Three reviews the constitutional developments in Sudan since the independence to the present day. Secondly, Chapter Three provides overview of the structure of the court system in a decentralized system and focuses on the contribution of the court system to democratic transformation through limiting the acts of the government. Chapter Three further discusses issues that may impact of the role of the court system in contributing to democratic transformation. Yet, the role of the court system in promoting democratic transformation is contingent on the constitution, the substantive law, etc. For instance, instituting the principles of constitutionalism is contingent on the independence of the judiciary, as an independent judiciary is required for the protection of constitutional rights and to restrain the actions of the government. Thus, it is important to understand under what conditions the court system develops such accountability functions: that is, what conditions favor the ability of the court system to exercise an effective accountability functions. It is, therefore, Chapter Three examines (a) how the INC re-structures the court system in the north and the south of Sudan so as to give effect to the principles of the federalism and legal pluralism; (b) the rules regulating the judicial review, and (c) the protection of human rights through the implementation of the bill of rights by the court, all of which signal the commitment of the State to establish democratic governance. Finally, Chapter Three attempts to evaluate the independence of the judiciary and the rules that govern the judicial review before and after the adoption of the INC with a view to assessing the fidelity of the government to the principles of constitutionalism, and whether the limitations observed in the actual conduct of the government. In the final analysis, the INC constitution making process was bilateral reflecting the views of the parties to the CPA and lacked inclusiveness, but provides for a pluralism legal system by providing for a constitution for south Sudan and 25 State constitutions. The INC introduces State judiciary and South Sudan judiciary and opted for an integrated the court system. That is: the State courts apply the State laws, the national laws and the South Sudan laws. In the North, the State courts are still organized by the national level, although the NC provides for the establishment of the State judiciary. At the South Sudan level, all State courts are organized and financed at the level. Towards the South Sudan, the National Supreme Court is the final court of on matters arising under national laws The INC emphasizes the importance of protecting; respecting and promoting human rights through the inclusion a bill of right and incorporation via Art. 27(3) of the INC all human rights treaties that Sudan has ratified, thereby the human rights contained in the INC directly applicable before the Sudanese courts. Also, the implementation of some human rights requires revision of the existing statutory laws. To date there has been limited legislative reforms to address human rights violations. A few laws have been reformed but fall short of Sudan international obligations, such as Criminal Act, Security Laws, Immunity Laws, etc. The INC differentiates between the north and the south regarding the sources of legislation. Art. 5 of the INC lists Sharia as one of the sources of legislation along with the consensus of the people at the national level. Art. 5(2) of the INC names popular consensus and the values and the customs of the people of Sudan as the sources of legislation in South Sudan. The INC contains special rules for national legislation if its source is religion or custom. In that case, a state where the majority of residents do not practice such religion or customs may introduce different legislation allows practices or establishes institutions in that State that are consistent with its own religion or customs. The INC establishes human rights commission for the implementation of the bill of rights as well as a commission for the protection of non-Muslims in the Capital. The INC has chosen a concentrated system of judicial review and a hybrid system of judicial review with respect to the South Sudan as the Supreme Court of South Sudan acts as a constitutional court and a high court of Appeal with respect to South Sudan. The newly enacted Judicial and Administrative of 2005 does not provide for concrete judicial review of law and bars the court from question the constitutionality of law by way of making referral to the constitutional court, thereby renders the judiciary unable to deal with crucial constitutional issues. Chapter Four: Institutional and Legislative Reform: Practice of Constitutionalism In order to understand whether the adoption of the INC has brought any changes may enhance the role of the court system in contributing to democratic transformation; Chapter Four scrutinizes the compliance of the statutory law with the provisions of the INC, the law reform process in Sudan and the implementation of law in practice. Chapter Four further presents an analysis of more pertinent provisions of civil and political rights in the light of the laws and practices prevailing in the country to assess the extent to which the principles laid down in the INC are complied with. It further assesses the involvement of the Sudan constitutional court in the law reform process by reviewing a selected human rights jurisprudence of the constitutional court. Finally, Chapter Four makes a reference to the jurisprudence of other constitutional courts (the German constitutional court, the Indian Supreme Court and the South African constitutional court) by way of comparison. In the final analysis, a) the INC does not set out procedure for concrete review and access to the court is not free; b) The court has a broad power to consider and adjudge and annual any law in contravention with the constitution and restitute the right to the aggrieved person and compensate for the harm. The court may also order interim measures to avoid any harm. As such, the court can abolish laws and compel the government to enact new law; c) the constitutional court has reviewed a number of cases that alleged the violation of human rights. The court has demonstrated reluctance to declare legislation unconstitutional. Interpretation of the bill of rights and reference to international human rights lacked consistency and the court has taken deference to the executive; d) the constitutional, legislative and institutional changes did not acknowledge past human rights violations through mechanisms that would question the way of governance and persisting inequalities and injustices; e) the constitutional court has institutional weaknesses and its jurisprudence has largely upheld existing laws such as immunities laws and the constitutional court made limited reference to international human rights law; f) the constitutional, legal and institutional reforms failed to generate the sense of constitutionalism and the fundamental change that were to remove the causes for human rights violations and provide effective remedies. A number of laws contravening the human rights are still in force, such as, Public Order Act, Immunity of police, security and army officers, inadequate laws for the protection of women's rights; and finally, the implementation of CPA as a means of democratic transformation left an unreformed government virtually intact Chapter Five: Post- Referendum Sudan Chapter Five looks at the constitutional developments after the secession of South Sudan, with a focus on constitution making process in Sudan. The Southern Sudan Referendum for self-determination, held in July 2011, clearly indicated that the absolute majority of those who participated in the referendum for the Southern Sudan favour separation of the Southern Sudan from Sudan. The secession of the South Sudan on July 9, 2011, as a result of the referendum on self-determination provided by the CPA has created a new reality in Sudan with far reaching economic, political and social implications. Economic and financial losses related to the secession are substantial and have affected all sectors of the economy. Sudan has lost three-quarters of its largest source of foreign exchange (oil), half of its fiscal revenues and about two-thirds of its international payment capacity. In general, the secession of South Sudan resulted in a 36.5% structural decrease in overall government revenues. The unresolved issue of Abyei constitutes a trigger for potential violent tension in the future between Sudan and South Susan. Abyei status is yet to be decided, as both Sudan and South Sudan claiming it as part of its territory. Its final status will be decided by a Referendum for which implementation mechanisms have not yet been agreed upon by the two countries. The end of the CPA necessitated a constitutional review process to decide on the new constitution to replace the INC. However, for a constitution to be able to win the affections of the citizens of the State, it will be necessary to involve those citizens in the constitution-making process that establishes such a constitution, so as to ensure that the process is inclusive and reflects the aspirations of the Sudanese people at large. It is, therefore, important to increase public involvement in the constitution-making process by inviting public participation. In order for the design of a constitution and its constitution-making process to play an important role in the governance system, the design of the constitution has to be responsive to the aspirations of the ordinary people. A constitutional review process is currently under way but has not resulted in any clear proposals. That said, since 2011, a constitutional review has been underway in Sudan. The constitutional review process has not been participatory or inclusive. Lively debates on the new constitution in general, and the Bill of Rights and human rights protection in particular, have nevertheless ensued. These debates have been driven by a keen awareness of the importance of constitutional rights. These debates reflect both traditional concerns over the protection of civil and political rights, particularly in the administration of justice, and other issues that have also become a cause of acute concern. These include the desire for the realization of economic, social and cultural rights, and the rights of members of groups who suffer discrimination, particular women, religious and ethnic minorities and persons with disabilities. Currently, public debate over the new constitution is proceeding, although the Government has not yet announced a timeframe for the constitution making process, amid a polarization of views on diverse issues such as the decentralization of power and wealth sharing between the different regions of Sudan. Since 2011, the Government of Sudan, in collaboration with the UNDP and other UN agencies, initiated the forum on public participation in constitution making to facilitate open and public dialogue. This approach has been based on the need to pursue the constitutional process/review inclusively, transparently and participatory to ensure all sectors of society including civil society organizations and opposition political groups participate fully in the process.
Doing Business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 11 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency and labor market regulation. Doing Business 2016 presents the data for the labor market regulation indicators in an annex. The report does not present rankings of economies on labor market regulation indicators or include the topic in the aggregate distance to frontier score or ranking on the ease of doing business. This regional profile presents the Doing Business indicators for economies in Europe and Central Asia (ECA). It also shows the regional average, the best performance globally for each indicator and data for the following comparator regions: European Union (EU), Latin America, East Asia and the Pacific (EAP), Middle East and North Africa (MENA) and OECD High Income. The data in this report are current as of June 1, 2015 (except for the paying taxes indicators, which cover the period January–December 2014).
Doing business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 10 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. In a series of annual reports doing business presents quantitative indicators on business regulations and the protection of property rights that can be compared across 183 economies, from Afghanistan to Zimbabwe, over time. This economy profile presents the doing business indicators for Kazakhstan. To allow useful comparison, it also provides data for other selected economies (comparator economies) for each indicator. The data in this report are current as of June 1, 2011 (except for the paying taxes indicators, which cover the period January December 2010).
Doing business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 10 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. In a series of annual reports doing business presents quantitative indicators on business regulations and the protection of property rights that can be compared across 183 economies, from Afghanistan to Zimbabwe, over time. This economy profile presents the doing business indicators for United Kingdom. To allow useful comparison, it also provides data for other selected economies (comparator economies) for each indicator. The data in this report are current as of June 1, 2011 (except for the paying taxes indicators, which cover the period January-December 2010).
Doing business sheds light on how easy or difficult it is for a local entrepreneur to open and run a small to medium-size business when complying with relevant regulations. It measures and tracks changes in regulations affecting 10 areas in the life cycle of a business: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting investors, paying taxes, trading across borders, enforcing contracts and resolving insolvency. In a series of annual reports doing business presents quantitative indicators on business regulations and the protection of property rights that can be compared across 183 economies, from Afghanistan to Zimbabwe, over time. This economy profile presents the doing business indicators for Uzbekistan. To allow useful comparison, it also provides data for other selected economies (comparator economies) for each indicator. The data in this report are current as of June 1, 2011 (except for the paying taxes indicators, which cover the period January-December 2010).
Part 1. Challenges of the Modern Economy as Barriers to Sustainable Development -- 1. Statistic Indicators for Assessing the Measuring Efficiency to Counter Economic Sanctions -- 2. The Innovative and Sustainable Development of Energetics Under the Conditions of the Post-pandemic Recovery of the Economy -- 3. Scenario Analysis of the Development of the Russian Digital Economy Until 2025 -- 4. The Post-pandemic Analysis of the Specifics of Industrial Economies' Development from the Positions of Innovativeness and Sustainability -- 5. The Post-Pandemic Model of the Sectoral Development of Emerging Economies' Industry -- 6. Perspective Role of Digitalization in the Well-Balanced Development of the Global Economic System of the Future -- 7. The Role of Digital Security for the Stable Development of the Global Economic System of the Future -- 8. Sustainable Development of the World Economy of the Future on the Basis of Digitalization: the 2030 Perspective -- 9. Dialectics of Systems Development -- 10. Problems of Consideration of Environmental Factors in Urban Planning as a Mechanism for Sustainable Development -- 11. Evaluation of the Effectiveness of Agri-Food Policy as a Component of the Economic Security of the Region -- 12. Employment of Workers in Green Jobs: Industry, Product and Skill Approaches -- 13. Problems and Implementation Prospects of Experimental Legal Regimes in Russia -- 14. Globalization as a Factor of Influence on Russian Federation's Foreign Economic Activity: Engineering Exports -- 15. Import Substitution: the Main Directions of Import Substitution, the Pros and Cons of the Implemented State Program, Some Success Stories of Import Substitution and its Prospects -- 16. Problems and Prospects for the Development of Import Substitution in the Agro-Industrial Complex of the Russian Federation -- 17. Cooperation, Humanism, Tolerance: Realities of History and Modernity -- 18. Features of the Sustainable Development of the Tourism Economy in the Context of the COVID-19 Pandemic -- 19. Development of the Cooperative Movement in the Republic of Bashkortostan: Problems and Prospects -- 20. Supervision and Control over the Investigation of Crimes in the Field of Entrepreneurial Activity -- 21. Countering Aggressive Tax Planning -- 22. Problems of Economic Security of Special Economic Zones -- 23. Conceptual Approach to the System of Controlling in the Public Sector -- 24. Sustainable Development Based on Knowledge Sharing: An International Aspect (a review of the problem) -- 25. New Functional Product as a Result of International Interaction -- 26. Anti-Corruption Strategies: Forms and Mechanisms of Participation of Civil Society Institutions -- 27. Methods of Acquisition and Termination of Subjective Rights to Immovable Property as an Element of Social Security of Citizens -- 28. Problems of Practical Application of Legal Norms Containing Accessory Obligations in the Legislation of the Russian Federation in the Conditions of the COVID-19 Pandemic -- 29. Uncertainty and Risk as Factors in the Development of Insurance -- 30. School and University Cooperation in the Aspect of Studying Linguistic and Cultural Literacy of Migrant Children -- Part 2. Economic and Legal Foundations and Cooperative Mechanisms for Sustainable Development -- 31. Program-Targeted Approach to the Innovative Development of Industrial Economies under the Modern Post-COVID Conditions -- 32. State and Corporate Management of Industrial Economies for Their Sustainable Development and Recovery after the Pandemic -- 33. Credit Cooperation in Russia: Problems and Possible Solutions -- 34. Leasing as an Effective Tool for the Implementation of Investment Projects in Different Countries -- 35. Optimization of the Use of the Potential of Specially Protected Natural Areas within the Framework of the Sustainable Development of Domestic Tourism in the Russian Federation -- 36. Changes in Cooperative Legislation in the Context of Solving Socio-economic Problems -- 37. Development of Legislation on Cooperation in Ukraine in 1992-2014 -- 38. Assessment of the Socio-economic Sphere of the Countries of the European Union in the Context of the Implementation of Joint Strategies and Programs -- 39. Role of Consumer Cooperatives in Overcoming Unemployment in Contemporary Russian Society -- 40. Development of Cooperation Legislation in Germany -- 41. Agricultural Cooperatives in France: Toward Environmental Neutrality and Sustainability -- 42. A National Model of Cooperation as a Track of Sustainable Development of New Zealand -- 43. Development of the Cooperative Sector in Canada: Features of the National Model -- 44. Infrastructural Factors of the Digital Economy Development and Their Management in the Interests of Accelerating Its Growth -- 45. New Opportunities for Human Potential Development in the Digital Economy and Their Implementation in Developed and Developing Countries -- 46. Integration Mechanisms of Development of the Digital Economy and the Prospects for Their Activation in Russia -- 47. Designed Innovative and Investment Development of the Region in the Conditions of Digital Economy to Ensure Economic Security -- 48. State Regulation of the Development of Cooperative Formations in Agriculture of the Republic of Bashkortostan -- 49. Regional Features of Digital Transformation During the Pandemic -- 50. Formation of a Conceptual Tourist Product for the Effective Development of Territories Without a Pronounced Tourist and Recreational Potential -- 51. Sustainable and Advanced Development of Region's Economy Based on Digital Competitiveness -- 52. Regional Aspects of the Development of the Consumer Lending Sector in Russia during the Pandemic -- 53. Methodological Aspects for Assessing the Financial Stability of Regions in the Context of the Coronavirus COVID-19 in 2021 -- 54. Development of the Nuclear Icebreaker Fleet as a Strategic Priority of the Arctic Region -- 55. Sustainable Development Capital of Rural Territories: The Role and Significance of Cooperation -- 56. Methods for Quality Control of Products of the Kamchatka Territory -- 57. Improving the Competitiveness of the Regional Fishery Complex by Strengthening Foreign Economic Relations of the Region -- Part 3. Advanced Digital Technologies and Their Contribution to Sustainable Development -- 58. Current Vectors of Investment Security of the Krasnodar Territory -- 59. Social Orientation of the Regional Economic Cluster of Consumer Cooperation -- 60. Prospects for the Development of the Cooperative Movement in Public Catering Enterprises of Almetyevsky District of the Republic of Tatarstan -- 61. Cluster Cooperation as a Factor in Ensuring Sustainable Development of the Region -- 62. Development of Agricultural Cooperation in the Republic of Tatarstan -- 63. Industrial Cooperation in Chuvashia in the Post-war Years: Historical and Legal Aspect -- 64. Role of Agricultural Cooperation in the Development of Regional Food Markets -- 65. Formation of the Model of the Social-Oriented Cluster as Method of Cooperation of the Subjects of SMEs of the Smolensk Region -- 66. Methods of Organizing the Design of Construction Works -- 67. Corporate Social Responsibility in Industrial Economies as the Basis of their Innovative and Sustainable Development in the Post-COVID Period -- 68. Digital Mechanisms of the Future Development of Social Entrepreneurship and Humanisation of Economic Growth -- 69. Formation of Experimentation Skills in Children 5–6 Years Old through Visual Modeling -- 70. Project Technology in Education as a Promising Form of University and Business Cooperation -- 71. Innovative Corporate Strategies as Sources of Sustainable Development -- 72. Strategic Guidelines for the Development of Non-profit Corporate Structures in the Context of the Transformation of the Regional Information -- 73. Standard for the Development of Competition in the Subjects of the Russian Federation as a Tool for the Development of Entrepreneurship in Regional Commodity Markets -- 74. Innovations in Corporate Relations and their Contribution to the Development of Cooperation -- 75. Cooperative Strategy in Sociosystems -- 76. Strategic Management, Analysis, and Control: General Provisions -- 77. Development of Professional and Qualification Potential of an Employee -- 78. Efficiency of the Organization's Performance as a Factor of Sustainable Development and Economic Security -- 79. Controlling as an Accounting and Analytical System of Personnel Management -- 80. Foreign Language Training of Specialists in the Economic Sphere as a Factor of Sustainable Development: Historical and Pedagogical Aspect -- 81. Entrepreneurship Development as the Basis for a Competitive Environment After the Pandemic -- 82. Service System and Service Targeting as a Key Aspect of the Company's Competitiveness -- Part 4. Prospects for the Sustainable Development of Countries: Review of International Experience -- 83. Formation of Responsible Cooperative Entrepreneurship Based on Socially-Oriented Cluster -- 84. Efficiency of Biopreparation Treatment of Wheat Grain; Baking Properties of Flour and Quality of Baked Bread in Consumer Cooperative Enterprises -- 85. Experience of Cooperation of All Levels of Education in the Process of Project Development -- 86. Problems of Liability for Illegal Entrepreneurship Committed within the Framework of Cooperative Legal Relations -- 87. Business Support During the Pandemic: View of the Representatives of the European Cooperative Movement -- 88. Biosocial Essence of Person and Crime -- 89. Assessing the Institutional Framework for Russia's Foreign Trade Cooperation with North African Countries: Foreign Trade and Customs Aspects -- 90. Modern Marketing Technologies in Promoting Consumer Cooperation Organizations -- 91. Actual Issues of the Development of Consumer Cooperation Legislation in Addressing Social Questions -- 92. Development of Cooperation between the Europea.
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Dottorato di ricerca in Diritto dei contratti pubblici e privati ; La trattazione vuole offrire un inquadramento generale della cessione di cubatura a seguito dell'emanazione della legge 12 luglio 2011 n. 106 di conversione del d.l. 13 maggio 2011 n. 70. La normativa ha introdotto all'articolo 2643 c.c. rubricato ‹‹atti soggetti a trascrizione››, il numero 2-bis che ha disposto in modo del tutto innovativo la necessità di trascrivere ‹‹i contratti che trasferiscono, costituiscono o modificano i diritti edificatori comunque denominati, previsti da normative statali, regionali o da strumenti di pianificazione territoriale›› . I problemi teorici e applicativi posti dalla novella sono numerosi e particolarmente complessi. L'espressione utilizzata dal n. 2-bis, infatti, pur definendo la disciplina pubblicitaria, non esplicita né quali siano i caratteri essenziali di cui si compone il contratto che trasferisce la volumetria, né la natura dei ‹‹diritti edificatori››. L'obiettivo dello studio è pertanto quello di identificare oltre ai tratti caratteristici della cessione di cubatura, un modello contrattuale idoneo a garantire la circolazione della potenzialità edificatoria e soluzioni operative che possano rimanere immuni ai mutamenti giurisprudenziali, con la finalità precipua di verificare se il n. 2–bis, abbia posto le basi per un mercato dei ‹‹diritti edificatori›› volto ad un più efficace sfruttamento della proprietà immobiliare. Per farlo, nel Capitolo I si è ritenuto opportuno prendere le mosse da problematiche antiche e mai del tutto risolte inerenti agli accordi di ‹‹micropianificazione ad iniziativa privata›› (di cui la cessione di cubatura è espressione) ed allo ius aedificandi, al fine di individuare i limiti e le modalità di esercizio del potere di costruire soprattutto con riferimento ai rapporti con la p. a. La disamina non ha inoltre potuto prescidere da un'analisi dei più recenti strumenti di perequazione, compensazione ed incentivazione che rappresentano un'evoluzione rispetto all'originaria prassi applicativa. Indagato il ‹‹contenuto complesso›› dello ius aedificandi e la natura giuridica del permesso di costruire, si è potuta affrontare nel Capitolo II la spinosa problematica della natura giuridica dei trasferimenti di volumetria. A seguito di un esame dei principali teorizzazioni come ‹‹bene immateriale››, come ‹‹chance›› e come nuovo ‹‹diritto reale tipizzato›› si è potuto rilevare, anche attraverso un'analisi applicativa dell'istituto a vari negozi tipici ed ai diritti di godimento e di garanzia (Capitolo III), come la sola ricostruzione che possa assicurare un effettivo utilizzo dell'istituto è quella che riesca a farne interagire la natura privatistica e pubblicistica in uno sforzo di integrazione coerente tra le diverse materie. Pertanto, sul presupposto che l'interprete debba, prima di tutto, attenersi al dettato della norma, la soluzione di un nuovo diritto reale, caratterizzato da un'imprescindibile connessione con il provvedimento amministrativo, è apparsa maggiormente in linea con il dettato normativo ed in grado di assicurare un ampio utilizzo dell'istituto. Nel Capitolo IV l'attenzione si è quindi focalizzata sui caratteri costitutivi del contratto. In primis si è sottolineata l'importanza dell'accordo privatistico quale momento genetico della vicenda circolatoria attraverso una nuova lettura del tradizionale rapporto soggetto-oggetto, in cui l'autonomia negoziale assume una forza creatrice divenendo il veicolo mediante il quale si sostanzia il processo creativo voluto dalle parti atto a ‹‹generare l'oggetto del contratto›› (la cubatura). In secundis si è tentato di individuare il modo in cui diritto privato e diritto amministrativo convivono all'interno della cessione di cubatura, rinvenendo la chiave di congiunzione nell'elemento accidentale della ‹‹condizione››, rappresentata dal provvedimento amministrativo. Ne è emerso un istituto complesso che si compone necessariamente di due momenti: uno genetico (regolato dal diritto privato) ed uno applicativo (disciplinato dal diritto amministrativo). La particolare struttura dell'istituto esprime d'altra parte una tendenza sempre più diffusa a considerare l'ordinamento come un unicum, in cui i distinti sistemi normativi ‹‹perdono›› il proprio primato se collocati all'interno dell'ordinamento giuridico unitario. Stabilito in che termini diritto privato e diritto amministrativo dialogano tra loro e superato l'impasse della qualificazione giuridica, è stato possibile valutare le prospettive future di un mercato dei trasferimenti di volumetria. Considerato il quadro generale esistente in Italia e facendo tesoro delle considerazioni che sono derivate da uno studio del TDRs statunitense (Capitolo V), si è giunti a ritenere come agli intenti ambiziosi dei lavori preparatori non sia corrisposta un'opera di codificazione all'altezza dei propositi perseguiti a causa della mancanza di un framework di principi comuni da imporre su scala nazionale. In una prospettiva de iure condendo si è dunque tentato di ovviare alla carenza di un (auspicabile) intervento legislativo volto a definire più chiaramente i caratteri dell'istituto, proponendo alcune soluzioni applicative e teorizzando le possibili modifiche normative da introdurre nel codice civile per assicurare un maggiore e più sicuro utilizzo dei trasferimenti di volumetria. ; The Ph.D. thesis aims to provide a general framework of the transfer of development rights, following the issuance of the law 12 July 2011 n. 106 of converting d. l. 13 May 2011 n. 70. The legislation introduced in article 2643 c.c. entitled ‹‹instruments subject to registration››, the number 2-bis which places, in a completely innovative way, the need to record in a public register ‹‹contracts that transfer, constitute or modify the development rights, however denominated, provided by State or regional regulations, or by planning instruments››. The theoretical and applied problems posed by the new provision are numerous and very complex. In fact, the expression used by n. 2-bis does not express what are the essential characteristics of the contract which transfers the ‹‹development rights›› and their legal status. Therefore the aim of the thesis is to identify the characteristic features of the institute and also a contract scheme that could be able to ensure the transmission of the development rights for finding practical solutions, immune to judicial decisions. The principal aim is to verify whether the n. 2-bis has laid the foundations for a market of development rights, for a more efficient use of real estate. The Chapter I deals with ancient and never fully resolved problems related to the microplanning agreements (of which transfer of development rights is an expression) and related to the power to built, in order to identify the limits and procedures for exercising the right to build, especially in relation to the powers of the public administration. Moreover the analysis does not leave aside the latest tools of equalization, compensation and incentives that represent an evolution from the original archetype. After reviewing the complex content of the right to build and the legal status of building permits issued by the municipality, the Chapter II deals with the issue of the legal status of transfer of development rights. The analysis of the main theories as an ‹‹immaterial good››, such as ‹‹chance›› and as a ‹‹new land right›› show that the only feasible solution that can ensure an effective use of the transfer of development rights is the one that can make interact the private nature and public one in an effort of coherent integration between the different fields of law. On the assumption that the interpreter must, first of all, follow the wording of the rule, the solution of a new land right, characterized by an essential connection with the administrative measure, it appear nearer with the provision of the law and can ensure wide use of the institute. Therefore in Chapter IV, attention is focused on the characteristics of the contract. In the first place it is emphasized the importance of private agreement like ‹‹fundamental moment›› of transfer of development rights, through a new interpretation of the traditional relationship between ‹‹subject›› and ‹‹object››, in which the contractual autonomy has a creative force and became the vehicle through which the land rights is generated. Second attempt is made to identify the way in which private law and administrative law coexist, finding the key junction of the two moments in the element of the accidental ‹‹condition››, represented by building permit. What emerges from the examination is a complex institution that consists of two parts: one governed by private law and one determined by administrative law. The particular structure of the institute shows that the two areas of law, lose their primacy if placed within the unit legal system. After determining how private and administrative law interact with each other and overcoming the deadlock of the legal status, it is possible to assess the future prospects of a market of transfer of development rights. Based on the current Italian situation and building on the considerations that are derived from a study of the USA TDRs (Chapter V), it can be argued that the number 2-bis is not able to achieve the ambitious goals that the legislator wanted to accomplish, due to the lack of a framework of common principles to be imposed at national level. In the concluding remarks, in a proactive perspective, are proposed some application solutions and are theorized some possible legislative changes to be introduced in the Civil Code, to ensure a greater and safer use of development rights.
Author's introductionIndigenous peoples are racialized, but this is not the only defining element of their identity. The sociological study of indigenous peoples informs political sociology, as indigenous peoples are a type of non‐state actor with a distinct perspective on the state and international governing organizations. The colonial power structure forced indigenous peoples to the margins of their homes and territories, which then changed rapidly around them without consideration of their voices. Today, indigenous peoples are recapturing the space to speak and they are challenging the societies that nearly overtook them and their lifeways.Author recommendsS. James Anaya 1996. Indigenous Peoples in International Law. New York, NY: Oxford University Press.This book examines the historical and contemporary issues regarding indigenous peoples and international law. Key topics include human rights, self‐determination, and negotiations with states and international institutions. The appendix includes the text of selected international doctrine related to indigenous rights. Anaya now serves as the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples.Roxanne Dunbar‐Oritz 2006. 'The First Decade of Indigenous Peoples at the United Nations.'Peace and Change 31: 58–74. DOI: 10.1111/j.1468-0130.2006.00342.xThis explores the role of indigenous peoples at the United Nations from 1974 to 1984. During this decade, the United Nations commissioned a study of the status of the world's indigenous peoples, a Conference on Indigenous Peoples of the Americas was held in Geneva, and the drafting of the Declaration on the Rights of Indigenous Peoples (approved by the General Assembly in 2007) began.Alexander Ewen 1994. Voice of Indigenous People. Santa Fe, NM: Clear Light Publishers.A publication including speeches by indigenous leaders to open the International Year of the World's Indigenous People at the United Nations on Human Rights Day in 1993. These speeches were given to a nearly empty General Assembly chambers.Ronald Niezen 2003. The Origins of Indigenism: Human Rights and the Politics of Identity. Berkeley, CA: University of California Press.Indigenous forms of resistance are distinguished from ethnic groups due to their political status. Niezen explores the emergence of the concept of indigenism, the international movement of indigenous peoples. The book examines the international response to indigenous peoples' assertions of sovereignty, diversity and commonalities across indigenous peoples, how assertions of self‐determination influence indigenous‐state and indigenous‐international governing organization relations, and the political implications of indigenous peoples' assertions of self‐determination. A brief concluding chapter names the key projects of indigenism: affirming local claims of difference, using the language and symbols of states in claims of self‐determination, and embracing the universal concept of human rights to protect and develop identity.Y. N. Kly and D. Kly 2001. In Pursuit of the Right to Self‐Determination: Collected Papers and Proceedings of the First International Conference on the Right to Self‐Determination and the United Nations. Atlanta, GA: Clarity Press.This book is a collection of conference papers from the First International Conference on the Right to Self‐Determination and the United Nations. It includes explorations of self‐determination in many political contexts: internal autonomy, secession, assimilation, restorative justice, nomadic, and international law. It also includes papers on interventions in a diverse array of cases. Conference resolutions and the titles and web addresses of pertinent documents are included.Franke Wilmer 1993. The Indigenous Voice in World Politics. Newbury Park, CA: Sage Publications.Writing from a world‐systems theory perspective, Wilmer explores indigenous perspectives on development, colonization, and civilization. She contrasts this with the priorities of indigenous peoples, particularly self‐determination, and concludes with a consideration of indigenous voices in world politics. The book also includes many resources in its appendices, including a chronology of events related to indigenous activism, a list of international documents pertaining to indigenous peoples, and the organizations participating in the UN Working Group on Indigenous Populations meetings.Online materialsUN Permanent Forum on Indigenous Issues http://www.un.org/esa/socdev/unpfii/ This is the official website of the United Nations Permanent Forum on Indigenous Issues. It includes links to all of the forums held, along with the extensive documentation produced by each series of meetings. News headlines are posted regarding indigenous issues within the UN system, and the organization's newsletter The Message Stick, is available here. Films and webcasts can be viewed, which document indigenous participation in the UNPFII.International World Group for Indigenous Affairs http://www.iwgia.org This organization publishes extensive reports on the status of indigenous peoples globally. There are annual reports and topical reports, as well, exploring political, social, and economic issues. The page also features a news blog which offers updates on indigenous issues, particularly political issues.The Indian Law Resource Center http://www.indianlaw.org The Indian Law Resource Center is a news blog about the latest legal issues on indigenous lands around the world. It features many resources available regarding key legal decisions and publications by the Resource Center on their work to gain justice for indigenous peoples, along with the annual report of their current work.International Indian Treaty Council http://www.treatycouncil.org One of the first organizations to work with the United Nations, the International Indian Treaty Council's website offers a host of documentation regarding indigenous peoples and the United Nations, including multiple drafts of the Declaration on the Rights of Indigenous Peoples. It also includes documentation on the many cases examined and fought by the International Indian Treaty Council. This website is an extensive reference for global indigenous claims. It also offers content in Spanish.Sample syllabusStudies of indigenous peoples and politics might contribute to units on justice or the state. This segment might also fit in a course on racial or ethnic diversity. I explore self‐determination in greater detail as it is a key issue to many indigenous peoples and it encompasses everything from the right to territory to linguistic rights to rights to traditional medicine, and more. This segment might also fit into more advanced courses analyzing rights or inequality. I do not recommend readings for the Examining Self‐Determination section as the readings will vary depending on your focus (topic or geography).Topics for lecture or DiscussionWeek I: Introduction and OverviewDefinitions, Problems, and Issues: who are indigenous peoples? What is their role in national and international politics?Reading:Keri Iyall Smith, 'A Review of the study of the Political Status of Indigenous Peoples in the Global Context', Sociology Compass 1/7 (2007), pp. 756–774.Week II–IV: Examining Self‐DeterminationExplore case studies of self‐determination at the local and global level. Exemplars might include: Native Hawaiians (Kanaka Maoli), Zapatistas, Inuit of Canada and the formation of the Nunavut Territories, and the role of indigenous peoples in the United Nations.Films and videosHomeland: four portraits of native actionThis film looks at the protection of American Indian homelands as a human rights issue and explores four different movements in Native America to protect the environment and indigenous lands: Penobscot, Gwich'in, Northern Cheyenne, and the Dine/Navajo people. The Penobscots are struggling with the state of Maine to sanction a polluting paper mill, the Gwich'in fight drilling in ANWR, the Northern Cheyenne are seeking to stop methane gas wells, and the Dine/Navajo are fighting to stop uranium mining.Peyote roadThis film explores the use of peyote by the Native American Church and the American perspective on the use of peyote. It follows the case of the landmark decision, Employment Devision v. Smith, along with the legislative change that followed this decision. The film also offers a look into the Native American Church with depictions of the role of peyote in ceremonial life.In the light of reverenceThis film explores sacred sites and the conflicts that American Indians face when trying to gain access to these sites to practice their religious beliefs. The film explores four different cases, including the Wintu seeking to gain access to Mt. Shasta and fighting the New Age believers who desecrate ceremonial lands, the Hopi dispute with private land‐owners over a peak in the Four Corners region, and Lakota Sioux seeking to gain access to Mato Tipila/Devil's Tower.Adoption of the U.N. declaration on the rights of indigenous peoplesThis is a brief film that documents the occasion of the adoption of the Declaration on the Rights of Indigenous Peoples. http://www.youtube.com/watch?v=azVhsiLNDZkFocus Questions
What are political challenges to indigenous peoples – locally and globally? What might be political opportunities for indigenous peoples – locally and globally? What strategies will allow indigenous peoples to attain their claims? Who are the indigenous peoples in your area? What are their claims? How has your community responded?
Project idea1. Socratic Dialogs. I use this technique to discuss complex problems from many perspectives. During the Socratic Dialog, the students do all of the talking, with minimal intervention on the part of the professor to referee the conversation as needed.During the term, we will often debate topics in Socratic Dialogs. In Socratic Dialogs, the class will respond to a well‐formulated question that requires personal responses from participants. The responses to the question will lead to a broader discussion, allowing the class to arrive at a consensus. You will be graded on your participation in Socratic Dialogs, both as Respondents and Questioners. Active participation will be rewarded! Respondents: Respondents will work in pairs to respond to a general question posed by the professor. They must also study the text closely and research the issue at hand in order to be prepared for follow up questions from the professor and classmates. Respondents will be assigned a question one week in advance to allow them to prepare. Each student will act as a Respondent twice during the semester. Questioners: When you are not a respondent, your role is to contribute to the conversation actively by asking questions, offering additional responses to questions, etc ... Use your own experiences to guide you in offering responses or asking questions.Some sample Socratic Dialog Questions include:Are tribal courts − in their contemporary or historical forms – an exercise of tribal sovereignty?Are Native Americans sovereign, even as domestic dependent nations?Is tradition a relevant source of legal doctrine for tribal law in contemporary times?How can sacred sites be preserved and sacred practices remain legal, given that American Indians exist within a foreign culture and state?Land has been called an engine of sovereignty. How can land – scarred by colonial history – also be an engine of justice for American Indians?2. Take Home Exam QuestionsIn my classes on indigenous issues I have used take‐home exams in the past. I find this to be a good way to keep the students thinking about issues as they are working, which is always my goal when writing examinations. These exams are designed to help students think creatively and critically about course readings, using them in a way that is different than what we did in class. These two questions focus on American Indian tribes and the American legal system, and the conflicts between these two political bodies. A. Why do we have a course that examines the clash between American Indian and American criminal justice systems? Provide at least three reasons. Use citations to support your claims and examples to illustrate your points. Be sure that you always explain why or how – do not assume that I know what you mean.B. As we learned at the beginning of class, legal structures are very important tools for communities, allowing them to express and protect their values. How does the clash of cultures continue to threaten sovereignty and simultaneously empower the authority of the American federal government? What can tribes do to escape the 'clash' with their sovereignty intact?
Water supply and sewage (WSS) operations in Ludhiana resemble that of many Indian cities; service levels are poor when compared to benchmarks; cost recovery is low; the municipal corporation subsidises operating deficits; the Government finances capital expenditure; assets are created through a State owned entity; internal capacity, systems and procedures are weak. The State Government has taken a decision to make key municipal corporations (including Ludhiana) responsible for future asset creation and also expects them to share capital expenditure. To improve the quality of service, the city needs immediate capital investments and change in management practices. Key institutional actions to achieve this are a) WSS operations focusing on higher cost recovery, b) increased contribution from the municipal corporation to WSS capital expenditure financing as opposed to O & M financing and c) modern governance structure for WSS operations.
1990'lı yıllar Türkiye'de önemli değişim ve gelişmelerin yaşandığı yıllardır. Gelişen teknolojiler ve küreselleşme ile birlikte yönetişim ve katılımcılık gibi kavramlar öne çıkmıştır. Bu dönemde gündeme gelen "Sivil Toplum" kavramı ise dönemin parlayan yıldızlarındandır. Tüm Dünya'da sivil toplum ve katılımcılık ile ilgili pek çok konferans ve zirve düzenlenmiş, pek çok rapor yayınlanmıştır. 1992 yılında Rio Çevre ve Kalkınma Zirvesi ve özellikle 1996 yılında BM Habitat II Zirvesi, Türkiye'deki STK'lar açısından önemli bir dönüm noktası olmuştur. Yine 2001'de Türkiye'nin AB üyelik süreci kapsamında kabul ettiği Kopenhag Kriterleri ve 2000'li yılların ortasında yerelde sivil toplumun gelişmesi adına uygulanan Yerel Gündem 21 projeleri ve kent konseylerinin kurulması önemli gelişmelerden bazılarıdır. Bu dönemde yapılan yasal düzenlemeler ile sivil toplum kuruluşları (STK) kent konseyleri, federasyon, konfederasyon ve platformlar vb. şekillerde örgütlenmeye ve ağlar kurmaya başlamış, bunun yanında gelişen teknoloji ve artan iletişim araçları da STK'ların hem yerelde hem de uluslararası seviyede iletişimlerini geliştirmesine ve ağlar kurmasına olanak sağlamıştır.Tez araştırması kapsamında yapılan literatür taramasında STK'ların ağ kurmalarına ve ağ kurma şekillerine yönelik çalışmalara rastlanırken doğrudan "STK Ağları" kavramını ağırlıklı olarak merkeze alan bir çalışmaya rastlanılmamıştır. Bu nedenle çalışmamızda STK ağı ifadesi özellikle kavramsallaştırılmaya çalışılmış ve bu kavram çerçevesinde farklı platformların STK ağı olup olmadığı özelliklerine göre değerlendirilmiştir. Buradan yola çıkarak Kocaeli'de faaliyet gösteren yedifarklı STK ile görüşmeler yapılmıştır. Bu araştırmada nitel araştırma metotlarından olan yarı yapılandırılmış mülakat metodu kullanılmıştır. Yapılan görüşmelerde STK'ların ağ özelliği gösteren oluşumlara dahil olduktan sonra etki alanlarına etkisi analiz edilmiştir. Tezin hipotezi kapsamında geliştirilen araştırma soruları ışığında seçilen kuruluşların kapasite ve etkileri analiz edilmiştir. İlgili bölümde detayları ile açıklanacağı gibi analiz edeceğimiz STK'lar için öncelikle birincil kaynaklar ile durum analizi yapılması ve arkasında önceden belirlenen mülakat soruları ile sonuca gidilmesi planlanmıştır. Ancak tüm bunlardan önce, bu tür bilimsel araştırmalarda olması gerektiği gibi, ilgili alanda kapsamlı bir kavramsal çerçeve literatür analizi yapılmıştır. Bu kapsamda kamu yönetimde değişim, yönetişim, sivil toplum kuruluşlarının gelişimi ve ağ oluşum stratejileri üzerinde durulmuştur. --- In Turkey, there were significant changes and developments in 1990s. Such as governance and participation concept have come to the fore with the developing technologies and globalization. The concept of "Civil Society", which came to the fore during this period, is one of the shining stars of the period. Many conferences and summits on civil society and participation have been held all over the world, and many reports have been published. Rio Environment and Development Summit in 1992 and specifically the UN Istanbul HABİTAT II Summit in 1996, have been a major turning point for CSOs in Turkey. Again in 2001, the Copenhagen criteria adopted by the scope of Turkey's EU membership process, Agenda 21 projects implemented for the development of local civil society in the mid-2000s, and the establishment of city councils are some of the important developments. In this period, Civil Society Organizations (CSOs) began to organize and establish networks such as city councils, federations, confederations, and platforms, etc. with the legal regulations made in. In addition, developing technology and increasing communication tools have enabled CSOs to improve their communication and establish networks both at local and international levels.In the literature review conducted within the scope of the thesis research, while studies on the networking and networking styles of CSOs were encountered, no study directly focused on the concept of "CSO Networks" was found. For this reason, the term CSO network has been tried to be conceptualized and within the framework of this concept, different platforms are evaluated according to their characteristics. Based on this, interviews were made with seven different CSOs operating in Kocaeli. Semi-structured interview method, which is one of the qualitative research methods, was used in this study. In the interviews, after CSOs joined into the organizations which show CSO network characters, the change in their domains was analyzed. In terms of the results obtained as a result of the thesis study, it has been observed that the domains of CSOs have expanded after joining the formations that have network functions.
Die Mitgliedstaaten der EU sind nach EU-Verordnung 2018/841 (LULUCF-VO) verpflichtet, für die Zeiträume 2021 - 2025 und 2026 - 2030 einen National Forestry Accounting Plan (NFAP, nationaler Anrechnungsplan für die Forstwirtschaft) vorzulegen. Dieser muss jeweils das sogenannte Forest Reference Level (FRL, Referenzwert für Wälder) enthalten, gegen das die realen Veränderungen im Wald in diesem Zeitraum bilanziert und angerechnet werden sollen. Der deutsche NFAP wurde am 20.12.2019 fertiggestellt und eingereicht. Die Vorgaben der EU-Verordnung sind in sich jedoch nicht völlig widerspruchsfrei und in Teilen unterschiedlich interpretierbar, so dass je nach Gewichtung einzelner Aspekte unterschiedliche Methoden oder Datensätze 'die besten verfügbaren' sind. Zwischen der EU-Kommission und Deutschland (und parallel anderen Mitgliedsstaaten) kam es deshalb zu intensiven Diskussionen um einzelne Punkte des jeweiligen NFAP. In der Folge stimmt deshalb das im ersten eingereichten Entwurf enthaltene FRL nicht mit dem des final eingereichten NFAP und dieses nicht mit dem des delegierten Rechtsaktes, der die FRL der Mitgliedsstaaten festschreibt, überein. Dieses letztlich zwischen Kommission und Deutschland vereinbarte FRL wurde formal als 'Recalculation' seitens der EU verabschiedet. Da es keine formal korrekte Möglichkeit zur Überarbeitung des NFAP gibt, die diese Änderungen berücksichtigt und nicht alle Dokumente, die zwischen Deutschland und der EU-Kommission ausgetauscht wurden, frei verfügbar sind, legen wir hier eine kommentierte Fassung als Thünen-Working Paper vor, in dem die entsprechenden Rechengänge und die verwendeten Zahlen nachvollzogen werden können. Das Working Paper folgt in der Struktur so weit wie sinnvoll dem originalen NFAP, um die Nachverfolgung von Änderungen zu erleichtern. Es ist allerdings zu beachten, dass dieser Bericht formal nicht mit dem NFAP identisch ist und nicht als dieser referenziert werden darf. Der offiziell eingereichte NFAP ist auf der Homepage des Bundesministeriums für Umwelt, Naturschutz und nukleare Sicherheit hinterlegt: https://www.bmu.de/fileadmin/Daten_BMU/Download_PDF/Klimaschutz/nfap_germany_bf.pdf Dieser Bericht hat den Stand Sommer 2021. Die Berichterstattung entwickelt sich permanent weiter, Methoden werden verbessert, neue Daten werden verfügbar und durch z.B. technische Korrekturen in die Inventare eingebaut. Die aktuell laufenden Novellierungen sind hier nicht enthalten, da sie in den Nationalen Inventarberichten dokumentiert werden. Bei der Verwendung von Zahlen im NFAP-Kontext sind deshalb immer die letzten verfügbaren Nationalen Inventarberichte auf Änderungen zu prüfen. Dieser Bericht fokussiert auf Bearbeitungsschritte, die nicht so leicht zugänglich dokumentiert sind. Würde man auf die letzte Aktualisierung der THG-Berichterstattung warten, könnte der Bericht erst in einem Jahrzehnt publiziert werden. Nicht alle Autoren des NFAP waren an dieser kommentierten und ergänzten Version beteiligt. Da der NFAP und alle Dokumente hierzu international sind, ist dieser Bericht im Weiteren in Englisch abgefasst. ; Following EU-Regulation 2018/841 (LULUCF-Reg.), the member states of the European Union are obliged to submit National Forestry Accounting Plans (NFAP), covering the periods 2021 - 2025 and 2026 - 2030. The NFAP must include a Forest Reference Level (FRL), which is used to estimate the net emissions of Greenhouse Gases to be accounted by the respective member state. The FRL of all member states were formally set by a delegated act from the Commission. The NFAP for Germany was submitted Dec. 12th, 2019. Because the requirements set by the LULUCF-Reg. are not completely self-consistent and competetive in parts, so depending on interpretation and weighing of the requirements, different methods or data sets are better suited than others. Following the first submission, intense discussion arose between the Commission and Germany (and, in parallel, some other member states). Thus, the FRL included in the first submission is not identical with the FRL in the final submission, and this is not identical with the FRL finally agreed upon and set in the delegated act. For formal reasons, the final FRL is set as a 'recalculation' by the Commission. There is no legal possibility to amend the submitted NFAP, and only part of the documents exchanged between Germany and the Commission are available to the public, so we decided to publish this Thünen Working Paper as a commented NFAP with additional explanations and information. The text follows the structure of the original NFAP as much as possible, to help readers to reproduce and understand the changes made by the Commission. In any case, this paper is not to be mistaken for and / or cited as the German NFAP. The officially submitted NFAP for Germany is available from the homepage of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety: https://www.bmu.de/fileadmin/Daten_BMU/Download_PDF/Klimaschutz/nfap_germany_bf.pdf This report is as at summer 2021. Greenhouse Gas Inventories evolve constantly as methods are refined and new data become available. This leads to technical corrections in the inventories. Refinements that are under way or planned as this report was drafted are not considered here. They are or will be documented in the National Inventory Reports (NIR). If numbers from the NFAP shall be used, please check with the NIRs whether these numbers have changed. This report focuses on changes whose documentation is not so openly accessible as the NIR. If this report would wait for the final actualization of the reporting, it could not be published for at least another decade. Not all authors of the original NFAP contributed to this ammended version and are thus not listed as authors here.
The article analyzes the criminal law problems of execution of punishment in the form of apenalty, the reasons for evasion of convicts from paying a penalty, the role of the authorized body of the probation service. The author considers the relationship between non-payment of penalties and recidivism of criminal offenses, as well as proposes changes and additions to criminal and criminal-executive legislation. One of the features of punishment in the form of a penalty in comparison with some other types of punishment is that it can act as a punishment that can be replaced by another, and as a punishment that can be replaced by another punishment. Apenaltyis a very effective means of influencing those who have committed certain criminal offenses, primarily corruption and against property. The penalty is also one of the mildest types of punishment in relation to other types in the punishment system. In foreign countries, the fine is one of the most common types of punishment. The prevalence of fines in law and jurisprudence, methods of calculation, size, grounds and conditions of application were not unchanged and were ultimately determined by socio-economic, political, criminological and legal factors of specific historical periods. For Ukraine, this is especially important as a direction of state criminal policy. Due to non-payment of fines by convicts and replacement of fines by courts with other punishments, as provided by the Criminal Code of Ukraine, despite the declared goal of humanization of punishments, the number of recidivists will increase and this may provoke an increase in convicts. In order to apply only voluntary payment of a fine, as provided by the legislation of Ukraine, the state and society must have a high level of trust in laws and public authorities and confidence that no illegal act will go unpunished. Therefore in the article changes are offered to the current legislation on implementation of punishment in the type of fine. But a fine cannot be seen as a means of redemption from punishment or a means of ruining the guilty. As political direction of our state is directed sdws eurointegration, accordingly under it our legislation must be tuned. Now the tendency of more humane relation goes to all spheres of activity, in particular and implementation of criminal punishments. ; У статті аналізуються кримінально-правові проблеми виконання покарання у вигляді штрафу, причини ухилення засуджених від сплати штрафу, роль у цьому уповноваженого органу служби пробації. Автор розглядає співвідношення між несплатою штрафу та рецидивом кримінальних правопорушень, а також пропонує зміни й доповнення в кримінально-виконавчому законодавстві. Однією з особливостей покарання у вигляді штрафу порівняно з деякими іншими видами покарання є те, що він може виступати як покарання, яке може бути замінене іншим, так і як покарання, яким може бути замінене інше покарання. Штраф є досить ефективним засобом впливу на осіб, які вчинили певні кримінальні правопорушення, насамперед корупційні та проти власності. Також штраф зарахований до найбільш м'якого виду покарання щодо інших видів у системі покарань. У зарубіжних державах штраф належить до найбільш розповсюджених видів покарання. Поширеність штрафу в законодавстві й судовій практиці, способи обчислення, розміри, підстави й умови застосування не були незмінними та визначалися в кінцевому підсумку соціально-економічними, політичними, кримінологічними й правовими чинниками конкретних історичних періодів. Для України це особливо значимо як напрям державної кримінальної політики. У зв'язку з несплатою засудженими штрафу й заміною судами штрафу іншими покараннями, як це передбачено Кримінальним кодексом України, попри задекларовану мету гуманізації покарань, збільшиться кількість рецидивістів, і ще це може спровокувати збільшення кількості випадків направлення засуджених в установи виконання покарань. Для застосування тільки добровільної сплати штрафу, як це передбачено законодавством України, у держави та суспільства має бути високий рівень довіри до законів та органів державної влади й упевненість у тому, що жодне протиправне діяння не залишиться безкарним. Тому в статті пропонуються зміни до чинного законодавства з виконання покарання у вигляді штрафу. Але штраф не можна розглядати як засіб відкупу від покарання або засіб розорення винного. Оскільки політичний напрям нашої держави спрямований на євроінтеграцію, відповідно, під це має підлаштовуватися й наше законодавство. Зараз іде тенденція гуманнішого ставлення в усіх сферах діяльності, зокрема й виконання кримінальних покарань.
The article analyzes the criminal law problems of execution of punishment in the form of apenalty, the reasons for evasion of convicts from paying a penalty, the role of the authorized body of the probation service. The author considers the relationship between non-payment of penalties and recidivism of criminal offenses, as well as proposes changes and additions to criminal and criminal-executive legislation. One of the features of punishment in the form of a penalty in comparison with some other types of punishment is that it can act as a punishment that can be replaced by another, and as a punishment that can be replaced by another punishment. Apenaltyis a very effective means of influencing those who have committed certain criminal offenses, primarily corruption and against property. The penalty is also one of the mildest types of punishment in relation to other types in the punishment system. In foreign countries, the fine is one of the most common types of punishment. The prevalence of fines in law and jurisprudence, methods of calculation, size, grounds and conditions of application were not unchanged and were ultimately determined by socio-economic, political, criminological and legal factors of specific historical periods. For Ukraine, this is especially important as a direction of state criminal policy. Due to non-payment of fines by convicts and replacement of fines by courts with other punishments, as provided by the Criminal Code of Ukraine, despite the declared goal of humanization of punishments, the number of recidivists will increase and this may provoke an increase in convicts. In order to apply only voluntary payment of a fine, as provided by the legislation of Ukraine, the state and society must have a high level of trust in laws and public authorities and confidence that no illegal act will go unpunished. Therefore in the article changes are offered to the current legislation on implementation of punishment in the type of fine. But a fine cannot be seen as a means of redemption from punishment or a means of ruining the guilty. As political direction of our state is directed sdws eurointegration, accordingly under it our legislation must be tuned. Now the tendency of more humane relation goes to all spheres of activity, in particular and implementation of criminal punishments. ; У статті аналізуються кримінально-правові проблеми виконання покарання у вигляді штрафу, причини ухилення засуджених від сплати штрафу, роль у цьому уповноваженого органу служби пробації. Автор розглядає співвідношення між несплатою штрафу та рецидивом кримінальних правопорушень, а також пропонує зміни й доповнення в кримінально-виконавчому законодавстві. Однією з особливостей покарання у вигляді штрафу порівняно з деякими іншими видами покарання є те, що він може виступати як покарання, яке може бути замінене іншим, так і як покарання, яким може бути замінене інше покарання. Штраф є досить ефективним засобом впливу на осіб, які вчинили певні кримінальні правопорушення, насамперед корупційні та проти власності. Також штраф зарахований до найбільш м'якого виду покарання щодо інших видів у системі покарань. У зарубіжних державах штраф належить до найбільш розповсюджених видів покарання. Поширеність штрафу в законодавстві й судовій практиці, способи обчислення, розміри, підстави й умови застосування не були незмінними та визначалися в кінцевому підсумку соціально-економічними, політичними, кримінологічними й правовими чинниками конкретних історичних періодів. Для України це особливо значимо як напрям державної кримінальної політики. У зв'язку з несплатою засудженими штрафу й заміною судами штрафу іншими покараннями, як це передбачено Кримінальним кодексом України, попри задекларовану мету гуманізації покарань, збільшиться кількість рецидивістів, і ще це може спровокувати збільшення кількості випадків направлення засуджених в установи виконання покарань. Для застосування тільки добровільної сплати штрафу, як це передбачено законодавством України, у держави та суспільства має бути високий рівень довіри до законів та органів державної влади й упевненість у тому, що жодне протиправне діяння не залишиться безкарним. Тому в статті пропонуються зміни до чинного законодавства з виконання покарання у вигляді штрафу. Але штраф не можна розглядати як засіб відкупу від покарання або засіб розорення винного. Оскільки політичний напрям нашої держави спрямований на євроінтеграцію, відповідно, під це має підлаштовуватися й наше законодавство. Зараз іде тенденція гуманнішого ставлення в усіх сферах діяльності, зокрема й виконання кримінальних покарань.
