legislative initiative
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2021 ◽  
pp. 46-52
Author(s):  
Dmitrii V. Zmievskii

The article considers the right of legislative initiative of the Constitutional Court of the Russian Federation enshrined in the Constitution of the Russian Federation in the light of amendments made to the Fundamental Law of our state in 2020, as well as subsequent updating of special federal constitutional legislation. It is noted that the problem of practice deficiency in implementing the mentioned power by the Constitutional Court of the Russian Federation is not new for the Russian legal science; in general, it is naturally determined and is due to a number of objective factors. However, the process of updating and developing the constitutional provisions on the supreme judicial control body of Russia and, in particular, creating the system of preliminary judicial constitutional control, bring the problem under consideration to a qualitatively new level. The approach itself in terms of granting the mentioned power to supreme courts in the Russian Federation is characterized as atypical for the countries near and far abroad. At the same time, the current lack of practice in exercising the power in question by the Constitutional Court is due to the special role of the latter in the system of supreme state authorities, in particular, the judiciary. The point of view is expressed that the problem cannot be unambiguously solved at the present stage of the statehood development. The author does not share the increasingly expressed point of view today that the right of legislative initiative should be excluded from the powers of the Constitutional Court of the Russian Federation, since this will lead to a violation of the equality of the constitutional and legal statuses of the two independent supreme judicial authorities. In addition, the shortcomings in the wording of certain constitutional provisions have been identified and possible ways to eliminate them have been proposed.


2021 ◽  
pp. 91-97
Author(s):  
Olga Dmytryk ◽  
Kateryna Tokarieva

Problem setting. Nowadays Ukrainian society is in a state of permanent transformation, due to many factors, among which it is possible to designate both European integration and digitalization processes, which currently have a very intense impact on various spheres of life. New ones are accepted, as well as numerous changes to existing regulatory acts governing various kinds of relations. Not an exception are budget relations, which are transformed under the influence of objective and subjective factors. In this swirl of events of particular importance, the problem of quality of those normative changes that are initiated by the subjects of the legislative initiative today becomes a problem. The fact is that the effectiveness of the legal regulation, the effectiveness of its action, the successful implementation of the tasks for which such a normative legal act was created depends on how much normative legal acts or changes to it will be of high quality. A particularly significant problem is the need to ensure the financing of budget expenditures, the fulfillment of budget obligations in crisis conditions. As it is seen, the subjects of the legislative initiative do not have time or do not know how to deeply study the problems posed to the solution, and since then they set incorrect tasks for changing approaches to the modern regulation of budgetary legal relations, the implementation of which is not able to ensure their practical implementation. The purpose of the article is to study modern trends in budgetary and legal regulation in Ukraine. Article’s main body. The presented publication focuses on the study of modern innovations in the field of budgetary and legal regulation. It is emphasized that in the present, the problem of quality of those normative changes initiated by the subjects of the legislative initiative becomes of particular importance. It is emphasized that the introduction of modern technologies in the conditions of digitalization of all spheres of public life, including in the sphere of budgetary and legal regulation, is positive. At the same time, for their effective implementation, it is necessary to systematically approach the solution of this issue and develop proposals for changes and additions in a number of articles of the Budget Code of Ukraine. The authors stated the inappropriacy of expanding the list of articles of certain normative legal acts, whose financing is dependent on the discretion of the Cabinet of Ministers of Ukraine, taking into account the availability of financial resources of state and local budgets and the budget of mandatory state social insurance. Conclusions. Based on the analysis, we conclude that any changes to the legislation, especially in the field of public finance, should be constructive and contribute to the achievement of the goal of their implementation in law enforcement. At the same time, any legislative innovations should be complex and comply with generally accepted rules and standards of rule-making technique.


2021 ◽  
Vol 17 (3) ◽  
pp. 23-31
Author(s):  
I. A. Nesterenko ◽  
D. Yu. Mikheev

The article discusses the concept and content of the right of legislative initiative of local self-government bodies in the legislative (representative) body of State power of the constituent entity of the Russian Federation, as well as the peculiarities of the exercise of this right by representative bodies of municipalities in Novosibirsk oblast. It has been concluded that the municipal representative body has both the general right of legislative initiative, which gives it the legal capacity to exercise this right in any manner prescribed by law, and the exclusive right, allowing municipalities to participate actively in improving the administrative and territorial organization of Novosibirsk Oblast. However, as the most numerous subject of the right in question, they do not make sufficient use of this instrument of influence on the socio-economic processes taking place in the region.


2021 ◽  
Vol 19 (4) ◽  
pp. 873-892
Author(s):  
Mykola Inshyn ◽  
Dmytro Sirokha ◽  
Nataliia Kaida ◽  
Tetiana Egorova-Lutsenko ◽  
Andrii Stratiuk

The purpose of this study is to identify existing policies related to social protection of healthcare workers during the spread of a pandemic. The study is based on the assumption that it is mainly developing countries that resort to extensive government programs. Using the method of political and legal analysis the research considers the initiatives of government bodies aimed at increasing the level of social protection of health workers and determining effective incentive measures for medical workers. The study notes that to date incentive measures and government programs are mostly implemented by developing countries. At the same time, it seems premature today to make a final conclusion about the direct relationship between incentive measures and the standard of living in the country or similar indicators. The research results can be used by the subjects of legislative initiative to improve existing policies in the field of social protection.


Legal Concept ◽  
2021 ◽  
pp. 193-199
Author(s):  
Dmitriy Motorin ◽  

Introduction: at the moment, medical waste is removed from the scope of application of the legislation on production and consumption waste. With its regulatory mechanism, the medical waste management system in practice demonstrates a clear lack of controls over the movement of waste streams. In this regard, the author aims to study the reasons and conditions for the separation of medical waste as an object of law, as well as to determine possible ways to develop legal regulation in medical waste management. Within the framework of the research, the author uses a set of methods of cognition, among which the methods of system analysis, historicism, and the comparative law method prevail. Results: as part of the study, it is found that the attempt to create a more rigid, compared to the ordinary one, system for regulating medical waste, led to a lack of legal institutions in the mechanism of the system. The author considers the scientific concepts of the development of the medical waste sphere, as well as the legislative initiative for its modernization. According to the results of the study, the author concludes that most scientific positions are reduced to the need to bring the regime of medical waste closer to the waste of production and consumption, which, in the author’s opinion, does not take into account the reasons for the isolation of the system and the specifics of the activities of medical and pharmaceutical organizations. Against this background, the initiative to create a centralized system for the management of medical waste, which, however, also needs to be improved, seems more successful. As a result, the author put forward some proposals for amendments to the bill.


Author(s):  
Ismanov I.N. ◽  
◽  
Axmadaliev B. ◽  

This article discusses the budget system, the areas it covers, the national accounting systems of countries in international practice and their specific features. Also discussed are the Continental European model (development of the accounting system through legislative initiative), the British model (development of accounting through the initiative of consultant accountants) and the United States model (development of accounting through the influence of general accountants and engineers).


Author(s):  
Anatoliy M. Kolodiy ◽  
Olexiy A. Kolodiy

The relevance of this problem is considered in the fact that in modern conditions of the state's process of developing a sovereign and independent, democratic, social, and legal state, the people's awareness of its place and role is one of vital aspects. The Ukrainian people's awareness of their rights and obligations, in this case law-making ones, will contribute to a real opportunity for the people to take part in the management of state affairs. Despite the fact that the problem of the powers of the Ukrainian people is extremely relevant at this stage of the Ukrainian history, it is understudied by Ukrainian researchers. Therefore, considering the above, this study is investigates such types of law-making powers of the Ukrainian people as the rights to: people's initiative, and within its framework – people's legislative initiative and people's referendum initiative; people's veto; people's survey, including regarding regulations; people's examination of regulations and draft regulations. The purpose of the present study is to consider theoretical material concerning the state of possibility of using the above-mentioned types of law-making powers of the Ukrainian people, as well as foreign practices in their implementation. The methodological framework of this study included an integrated approach, which involves a combination of numerous philosophical, general scientific, and special scientific methods. Based on the obtained conclusions and generalisations, the study aims to develop original proposals and recommendations for improving national legislation on this matter


2021 ◽  
Author(s):  
Hewa Rasul

The regulation of the legislative initiative is one of the sensitive and important issues in the field of regulating the relations between the three authorities in the state, especially the legislative and executive authorities, and that is why we find that the majority of countries dealt with it in their constitutions through general constitutional principles, because the constitution determines and regulates the powers of the authorities, in the Kurdistan Region not We have a constitution at the time of writing this research, and that is why the Kurdish legislator was forced to deal with it through the ordinary laws and the internal system of the Parliament of Kurdistan, and this is what made it subject to many changes during the past thirty years. This competence, for example, in light of the abolished internal system of Parliament, the Council of Ministers in the region had the competence of two types of legislative initiative, namely, the submission of draft laws as well as draft legislative decisions. He was left with nothing but the right to present draft laws, and these many changes led to a state of instability in the organization of this jurisdiction Which is an important part of the legislative process, and based on this, we took the initiative to write this research in order to show how to organize it in the light of the developments that took place in this field at the level of different countries and in a way that serves the stability of relations between the authorities in the region.


2021 ◽  
pp. 228-233
Author(s):  
Віра Плакса

Historical aspect of interaction of subjects of legislative initiative with public authorities and judicial government in UkraineУ статті проведено історичний аналіз взаємодії суб’єктів законодавчої ініціативи з органами державної влади та суддівського врядування в Україні, на підставі якого визначено певну формулу такої взаємодії. Визначе- но, що, з одного боку, законодавча влада визначає правові засади організації та функціонування органів судової влади, зокрема органів суддівського врядування, а з іншого – органи суддівського врядування мають вплив на законотворчий процес Верховної Ради України. Такий вплив нині проявляється в наданні Вищою радою право- суддя консультативних висновків щодо законопроєктів із питань утворення, реорганізації чи ліквідації судів, судоустрою і статусу суддів. Звертається увага на те, що суб’єкти законодавчої ініціативи беруть безпосеред- ню участь у формуванні Вищої ради правосуддя. У статті зауважується, що, окрім іншого, Вища рада право- суддя вносить подання про призначення судді на посаду, а значимість такого повноваження продемонстровано через представлення статистичних результатів діяльності органу щодо прийняття рішень із цього питання. В аспекті вивчення історичного досвіду регулювання питання взаємодії суб’єктів законодавчої ініціативи з орга- нами державної влади та суддівського врядування в Україні в роботі зауважується, що до створення Вищої ради правосуддя повноваження щодо внесення подання про призначення судді на посаду мала Вища рада юстиції. Акцентовано, що Вища кваліфікаційна комісія суддів України не має прямих форм взаємодії із суб’єктами законодавчої ініціативи. За результатами дослідження питання історичного аспекту взаємодії суб’єктів законодавчої ініціативи з органами державної влади та суддівського врядування в Україні зроблено спробу вио- кремити три історичні етапи розвитку такої, спираючись на зміни в нормативно-правовому регулюванні цього питання.


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