Constitutional Legislation Research Articles

Ensuring the human right to an adequate standard of living: accents of modern legal regulation, practice of the Сonstitutional court of Ukraine and prospects for its improvement

The article is devoted to the research of the essence of the human right to an adequate standard of living, problematic issues, and prospects for improvement of its ensuring in Ukraine. Some doctrinal sources, provisions of international legal acts, constitutional legislation of Ukraine and foreign countries, and judgments of the Constitutional Court of Ukraine are analyzed. The research is based on systematic, comparative-legal, formal-logical, formal-legal, statistical, and prognostic methods, methods of analysis and synthesis, etc. Found that the human right to an adequate standard of living is a constitutional, basic, social right of every physical person, which is guaranteed by Article 48 of the Constitution of Ukraine, as well as international universal, and regional standards and relevant acts regulating basic human rights and freedoms. This right includes the possibility to satisfy not only basic physiological (material) needs – adequate food, clothing, household, housing, etc., but also spiritual ones – education, faith, self-realization, etc. The criteria of a decent life, the components of the human right to an adequate standard of living, the institutional basis of implementation, and the system of guarantees of its ensuring are allocated. Therefore, the human right to an adequate standard of living is correlated with other rights - to life, health care, medical aid, medical insurance, and housing. The analysis of the practice of the Constitutional Court of Ukraine, in particular, decisions in cases about social guarantees of citizens, the minimum wage (tariff rate), discrimination in the implementation of the right to housing, about guaranteed pension provision, which is the main source of existence, not lower than the living wage, allowed us to pay attention on actual aspects of the components of the researched law, its effectiveness, constitutionality and legislative modernization. Emphasizing the current state of ensuring the studied right, the authors argued the need to improve the financial well-being of the population by increasing the living wage and the minimum wage in Ukraine, overcoming poverty, especially among the elderly. In particular, the need for systematic and effective implementation of the state anti-corruption and tax, humanitarian policy was emphasized. The success of such measures in order to increase the social protection of citizens, and the transformation of all spheres of life are key requirements for Ukraine's accession to the EU, which leads to an urgent process of amending and alterations to the laws and by-laws of Ukraine, improving law enforcement practice, increasing legal culture and consciousness, responsibility. It is useful to take into account the successful experience of foreign states (in particular, Germany, Switzerland, Belgium, etc.), strategies, and results of reforms in this area. Key words: human rights, right to an adequate standard of living, international standards, decent standard of living, social protection, practice of the Constitutional Court of Ukraine, constitutional guarantees.

THE RIGHT TO DIGNITY - BETWEEN ASPIRATION AND LEGISLATION

The study aims to analyse one of the essential rights of the human being, the right to dignity, with particular implications for the evolution of communities, societies and humanity as a whole. Dignity is also an ethical and legal value, which runs like a guiding thread through the evolution of individuals, whether viewed in isolation or in a larger or smaller group. Dignity is the cornerstone of the architecture of fundamental rights and freedoms, a conclusion drawn from its inclusion in the Charter of Fundamental Rights of the European Union, in the sequence of its component parts, as its first title. Article 1(3) of the revised and republished Romanian Constitution regulates the values declared supreme in the Romanian State and guaranteed in the spirit of the democratic traditions of the Romanian people and the ideals of the December 1989 Revolution. The first of these values is human dignity. Then follow, in succession, the rights and freedoms of citizens, the free development of the human personality, justice and political pluralism. Hence the conclusion that, in the view of the Romanian constitutional legislator, human dignity is also the pedestal of the values which are the essential elements of the Romanian state's identity. We say this because we are referring to the first article of the Fundamental Law, whose name is “the Romanian state.”

The right to education: international standards and their influence on the constitutional legislation of the member states of the Council of Europe

The article draws attention to the UN Charter, which proclaims the task of reaffirming faith in basic human rights, in the dignity and value of the human person, in the equality of men and women, and in the equality of rights of large and small nations. Attention is focused on the principle of UN activity - implementation of international cooperation in the promotion and development of respect for human rights and basic freedoms for all, without distinction of race, sex, language and religion. International acts on human rights of a universal nature are characterized, in which for the first time at the international level everyone’s right to education was enshrined: the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights of 1966, the Convention against Discrimination in Education of 1960, the Convention on the rights of the child of 1989. Attention is drawn to the minimum standards of the right to education that the state must ensure. The relationship between the right to education, which was first enshrined at the international level in the Universal Declaration of Human Rights, and human dignity and the value of the human personality is defined. Emphasis is placed on the right to education and criteria for determining the degree of respect and observance of fundamental norms related to this human right throughout the world. The article also raises the question of the influence of international standards of the right to education on the constitutional legislation of the member countries of the Council of Europe - Bulgaria, Poland, Ukraine and other countries.

Human Rights in Islamic Law and the Integration of Muslims in European Countries

The steady growth of Muslim communities in European countries makes possible conflict situations due to the difference between Eastern and Western worldviews. The study of the European experience of finding possible ways to overcome intercultural crisis situations is relevant and expedient from the point of view of possible further implementation into national legislation. To achieve the goal, a set of methods was used: dialectical (for objectivity and comprehensive knowledge of the institution of human rights, taking into account various factors (in particular, religion), formal-legal method (for establishing the content of legal norms, analyzing the practice of their application), methods of analysis and synthesis (for the analysis of the constitutional legislation of foreign countries, which enshrines human rights and freedoms) and others. The comparative legal method was used as the leading one. The article compares Muslim and European approaches to the nature and content of human rights. The key characteristics of the legal status of a person, peculiar to Islamic law, are highlighted in the aspect of bringing such an understanding of human rights to the European environment. The constitutional-legal institution of human rights and freedoms in European states is based on the natural-law concept in the conditions of a liberal democracy and a secular state. Constitutional and legal norms on human rights in Muslim countries establish the inalienable influence of religion. The measures taken by the authorities of European countries are not effective enough. Only compromises, mutual respect for culture and preservation of religious foundations, and the use of primarily legal means of conflict resolution on both sides will help reduce tension and resolve disputes that arise between Muslims and European society. On the basis of the analysis and synthesis of constitutional and legal acts, scientific works, etc., possible ways of avoiding the problems of integration of Muslim minorities in Europe are suggested.

LEGAL FRAMEWORK FOR DELEGATED LEGISLATION

This article discusses the institution of delegated legislation. Despite the presence of a large number of publications on this issue in the scientific literature of the neighboring countries, this institution has practically not been studied by domestic scientists. The relevance of this topic is due to the introduction in 2022 into the Constitution of the Republic of Kazakhstan of a norm on the right of the Government to issue temporary resolutions having the force of law, in the presence of threats, provided for in paragraph 2 of Art. 62, with the simultaneous introduction of a draft law in Parliament. Although this norm is a novelty, our country has experience of delegated lawmaking. It was successfully applied during 1995, after the dissolution of the Supreme Council of the XIII convocation, although the Constitution of the Republic of January 28, 1993 recognized the Supreme Council as the sole legislative body. However, before his self-dissolution, on December 10, 1993, he adopted a special Law that granted the President temporary legislative powers. The head of state issued during that period a number of decrees having the force of constitutional or customary law. Later, the right of the President to issue legislative acts was enshrined in the national Constitution of 1995. However, he no longer used this right. The study of foreign legislation shows that the delegation of legislative powers by the parliament to the highest executive body is mainly carried out by adopting a special regulatory legal act with the consolidation of the powers of parliamentary control in relation to such acts. The constitutional legislation of Kazakhstan in this part suffers from certain shortcomings and needs to be improved.

Constitutional and legal foundations of the unified system of public power in the Russian Federation (regional aspect)

Within the framework of this study, theoretical approaches to understanding public power in the context of various areas of scientific knowledge are analyzed. In the course of this work, attention is drawn to the constitutional approach, according to which the unified system of public power in the Russian Federation includes two independent, but interacting levels: state and municipal. In this regard, it is noted that the federal legislation adopted in the development of constitutional provisions significantly expands this approach and actually establishes a three-level system of public power. As a consequence, the problem of substantiating the existence of a unified system of public power in the subjects of the Russian Federation is being actualized. Using the system-logical method of research, the provisions of Federal Law No. 414-FZ of December 21, 2021 "On the general principles of the organization of public power in the Subjects of the Russian Federation", which normatively establish the category of a unified system of public power in the subject of the Russian Federation, are analyzed in the work. Certain provisions of the said federal law are not fully consistent with each other and with other federal legislation, including with regard to the constitutional and legal understanding of the unified system of public power. At the same time, attention is drawn to the fact that the territorial principle cannot underlie the allocation of an independent regional level of public power, since the derivation of public power from the understanding of "state" and "statehood", on the basis of equality of the subjects of the Russian Federation as a constitutional principle, makes it impossible to have a different ratio of intra-system connections in the systems of public power in the subjects of the Russian Federation. The formal legal approach made it possible to trace the dynamics of changes in the constitutional (statutory) legislation of the subjects of the Russian Federation, depending on the understanding of the place of state authorities of the subjects of the Russian Federation in the unified system of public power. Various normative variations of the constitutional (statutory) legislation of the subjects of the Russian Federation, aimed at bringing it into line with the same constitutional text, indicates the absence of an unambiguous and uniform understanding of the place of the system of state authorities of the subjects of the Russian Federation in the unified system of public power in the country. Thus, it is noted that the development of a uniform approach based on the positions of the Constitutional Court of the Russian Federation, which are mandatory for all subjects of legislative activity, to the content of the category "unified system of public power in the Russian Federation" is fully capable of ensuring the goal of its formation stated in Part 3 of Article 132 of the Constitution of the Russian Federation in compliance with all constitutional principles and norms. In this regard, within the framework of the unified system of public power in Russia, we should not talk about independent unified systems of public power in the subjects of the Russian Federation, but should focus on the formation of a unified system of public power throughout the territory of our state.

Contents of the concept of intellectual property in the constitutional section: the experience of foreign countries

The article examines modern trends in the constitutional and legal protection of intellectual property with the help of a comparative analysis of the development of the legal institution of intellectual property. It is concluded that the need to ensure the rights of citizens, national security, and the creation of an innovative economy determine the directions of world constitutional development, one of which is the constitutionalization of the legal institute of intellectual property. There are two main methods of constitutionalization: legislative and interpretive.
 The subjective constitutional right to intellectual property performs a special "social function", which consists in ensuring an optimal balance between private and public interests.
 Constitutionalization is a global trend in the modern development of states and is expressed in the universalization and intensification of the influence of constitutional values on the institutions of different legal systems, which significantly contributes to their convergence. The conclusion that intellectual property is part of the basic constitutional principles of many foreign states. Therefore, among the foundations of the constitutional system, a new principle related to the development of intellectual property relations should be highlighted, including their stimulation, encouragement, guarantee and support in order to achieve economic and social progress of society aimed at building an innovative (based on the knowledge economy) state.
 Objectively existing differences between states in the tasks of constitutional regulation, the level of development of intellectual property relations and the degree of their regulation in the current legislation, in the observance of the traditions of constitutional regulation and the propensity of the constitutional legislator to include modern novelties from the constitutions of other countries give rise to new approaches to the constitutional regulation of intellectual property relations, and also entail the emergence of «mixed» models. All this makes the issue of constitutional regulation of intellectual property rights an interesting and promising object of scientific research.

The Constitutional Model of Interaction in the Constitutional Acts of Modern Russia

The paper examines the term «interaction» updated in the process of the 2020 Constitutional Reform. The author analyzes the constitutional model of the interaction implementation in the Constitution of Russia, federal legislation and constitutional (statutory) legislation of the constituent entities of the Federation. Based on the comparative legal analysis, the paper explains the features of interaction in the unified system of public authorities at various levels, the features of goal-setting and types and forms of interaction. The author concludes that different goal-setting of interaction in the legislation of constituent entities, on the one hand, allows taking into account the characteristic features, on the other hand, it implies differences in the forms and procedures of its implementation and subjects of interaction. The author proposes the system-forming elements of a unified system of public authorities. It is revealed that in the acts of the constituent entities under consideration, it is mainly about interaction in the system of state power, whereas the constitutional formulations at the federal level also concern local self-government bodies. According to the author, this narrowing of the subjects of interaction carries obvious risks of improper enforcement of federal legislation. The author also concludes that interaction is more widely regulated at the level of the constituent entities of the federation, determines the goals and subjects of the process, defines the features of interaction and promising aspects for incorporation into the legislation of the constituent entities.

Legal acts in the theory of constitutional and legal policy

The quality of legal life can be considered as the main criterion for the effectiveness of legal policy. Legal acts are the main form of manifestation of legal life. Today, the theory of legal acts in all its aspects does not lose its theoretical and practical significance. There studied legal acts-documents in the aspect of instrumental theory of constitutional and legal policy, which are the means of forming and implementing the constitutional and legal policy. The main provisions of the theory of legal acts are analyzed in the article: the notion and nature of legal acts, their ratio with closely-related concepts; the notion of legal acts’ system, interaction within the integral complex of doctrinal legal, political-legal, normative legal, law-enforcing, legal-interpretative acts; theoretical and practical significance of the problem. Thus, normative legal acts are the main legal means of forming the legal policy of the state, since they contain legal norms that have a general effect nature, a certain legal force and their implementation is ensured by a system of state guarantees, including means of state coercion. At the same time, the doctrinal legal acts (concepts, strategies, doctrines) and political-legal acts (resolutions, declarations, appeals, statements) are exactly the most important means for the forming the constitutional and legal policy, because the formers are scientifically grounded and encourage the adoption of normative legal acts, and others determine the vectors of development of national constitutional legislation and stipulate the content of normative legal acts and normative legal agreements. The normative legal agreement is a new, somewhat unconventional legal instrument for regulating social relations in the sphere of public law in Ukraine, but which is gradually gaining more importance in the conditions of decentralization of legal regulation that significantly contributes to the development of civil society. Law-enforcement acts, despite their individual and personalized nature, play an important role in the mechanism of implementation of constitutional and legal policy because they are indicators of the quality of legal policy. Legal interpretative acts as a result of normative delegated and doctrinal interpretation play a leading role in the process of implementing the constitutional and legal policy, because they contribute not only to the adequate embodiment of its provisions in life, but also to the formation of the appropriate legal interpretative policy. It is concluded that there needed a systematic approach to the study of the nature of legal acts as legal means of forming and implementing the constitutional and legal policy as a strategic direction of the state’s legal policy, as well as the normative definition of the concept and system of legal acts in a special law. Key words: constitutional and legal policy, legal means, legal act, system of legal acts.

Theoretical and Practical Aspects regarding the Independence of the Romanian Ombudsman

The Romanian Ombudsman (the Romanian People's Advocate) is an autonomous and independent public authority, as provided for by the law on the organization and functioning of this public institution, which is not part of any of the three powers in the state - legislative, executive and judicial. The decision of the constitutional legislator not to include this public institution in any of the three classic powers was determined, in our opinion, by the desire, but also the need, to configure an impartial institution that would exercise its constitutional and legal role with complete objectivity. In this context, through this paper, we propose to analyze, through specific research methods, such as the comparative, sociological, and teleological method, if the way of appointing and, respectively, revoking the head of this institution is one that does not affect this role, risking politicizing the institution of the Ombudsman.

Brazilian Forest Code: evolution of environmental standards between 1934 and 2012

Legislative evolution in Brazil in the field of Environmental Law took place after the year 1972. In that year, one of the most important global conferences on the environment was held in Stockholm, and as a result of international pressure, new directions were taken in Brazilian environmental policy. Objective: The objective of this study is to analyze the evolution of environmental protection through constitutional legislation, presenting a comparative study among the Forest Codes that have been enacted in the country, namely those of 1934, 1964, and the current one from 2012. Materials and Methods: This study is of an applied and descriptive nature, employing methodological procedures such as bibliographic and documentary research.

Development of the legislation on constitutional and legal forms of citizens' political activity that are implemented by information and communication technologies: the experience of Ukraine

Introduction. The article examines the evolution of the national legislation of Ukraine during the years of independence from the point of view of the formation of the legal basis for the implementation of forms of political activity of citizens, which are implemented with the help of information and communication technologies (ICT). The main regularities of the formation of national legislation in the researched area are identified, the main stages and directions of its development are highlighted, and the factors that influenced the content and dynamics of the relevant reforms are outlined. Summary of the main results of the study. The process of building an independent, democratic, legal state in Ukraine is directly related to the formation and development of the legal foundations of the information society, participatory democracy (democracy of participation) and e-governance, and in the context of the foundations of the legal status of an individual - with ensuring the right to participate in the management of state affairs and access to information. The legislative design of the newly proclaimed independent Ukrainian state took place in the conditions of the rapid transition of the world community from an industrial to an information society, which opened up new opportunities for democratic transit. The formation of the regulatory framework for the implementation of constitutional and legal forms of political activity of citizens, which are implemented with the help of ICT, had a consistent and progressive character, was carried out taking into account the existing technological level and features of the political system, as well as the foreign policy obligations of our state. Electronic democracy tools introduced in accordance with the constitutional legislation of Ukraine today include electronic voting in elections and referenda, electronic petitions, as well as consultations with the public, public hearings and discussion of draft legal acts of public administration bodies with the help of ICT. Conclusion. The conclusion that the process of formation of a regulatory and legal basis for the implementation of political activity of citizens with the help of ICT can be divided into four stages is justified: 1) preparatory stage (1990-1997) - the stage of formation of the constitutional and legal basis of political activity of citizens of Ukraine in the conditions democratic statehood; 2) the initial stage (1997-2007) - the stage of formation of the constitutional and legal foundations of informatization and development of the information society in Ukraine; 3) the central stage (2007-2018) - the stage of formation of the constitutional and legal foundations of "open government" and "electronic democracy"; 4) the modern stage (2019 to the present) is the stage of intensive development of legislation on legal forms of political activity of citizens using ICT under the leading role of the Ministry of Digital. The development of constitutional and legal foundations for the implementation of political activity of citizens in Ukraine took place and is taking place on a clear doctrinal and conceptual basis, taking into account Ukraine's international obligations and the real state of development of ICT and information relations in the public sphere. As a result, Ukraine is currently at the forefront of democratic states in the world in terms of the use of ICT in the implementation of "open government" and "participatory democracy".

Actual problems of relation and interaction of the European Union low system with national legal system of member staties

Purpose. The article is aimed at studying topical issues of correlation and interaction of the legal system of the European Union with the national legal systems of the Member States. Methodology. he methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the study, the following methods of scientific knowledge were used: dialectical method, methods of analysis and synthesis, systemic and structural-functional methods, as well as comparative legal method. Results. It is established that the formation of the law of the European Union was also influenced by the legal concepts and principles inherent in the national law of the Member States. It is emphasized that over time, a peculiar and autonomous legal system of the European Union was formed, which was not inherent in the national legal systems of the Member States. It is determined that by their essential content, the constituent acts of the European Union are more reminiscent of the constitutional legislation of nation-states, since they define the purpose and objectives of integration, the range of powers of integration formations and their nature, the order of formation and activity States, as well as with international organizations. It is noted that the sovereignty of Member States is somewhat limited in connection with the transfer of a certain amount of state sovereignty to the community authorities. It is concluded that today the European Union law is a strong system of regulation of relations, which is regulated at the international level and is an effective mechanism for the implementation of the main purpose and objectives of the European Union. Originality. In the course of the study, it was established that in the interaction of the legal systems of the European Union and the law of the Member States, monism of the primacy of European law is seen, which is proved by the principles of European Community law arising from judicial decisions of the Court of Justice of the European Union. Practical significance. The results of the study can be used in law-making and law enforcement activities during the implementation of European integration tasks.

Termination of powers and dismissal of judges of the Constitutional Court of Ukraine as an element of their constitutional and legal status

The article is devoted to the study of certain aspects of the legal status of a judge of the Constitutional Court of Ukraine, which includes guarantees for ensuring his professional activity, which are currently updated in the order of termination of powers and dismissal, the definition of requirements for a person who has the right to occupy the position of a judge of the Constitutional Court of Ukraine, and how the result of the proper procedure for the appointment or election of a judge to the body of constitutional jurisdiction. The author considered the national constitutional legislation on the judicial system and the status of judges, in particular judges of the Constitutional Court of Ukraine, summarized the main scientific approaches to understanding the category "constitutional and legal status of judges of the Constitutional Court of Ukraine" and the main structural elements of the constitutional and legal status of judges of the Constitutional Court of Ukraine. The article analyzes the guarantees of the activity of a judge of the Constitutional Court of Ukraine, such as independence and inviolability. The list of grounds for the dismissal and termination of the powers of a judge of the Constitutional Court of Ukraine has been determined. The need to ensure the independence of the Constitutional Court of Ukraine, as a body of constitutional jurisdiction, taking into account the special constitutional and legal status of a judge of the Constitutional Court of Ukraine, its element as a guarantee of independence and inviolability, including in the aspect of termination of powers and dismissal of a judge of the Constitutional Court of Ukraine, for the application of due legal procedure to these persons, taking into account the principle of the rule of law, international standards and current constitutional norms. It has been identified as one of the urgent needs to establish, at the legislative level, what exactly constitutes a significant disciplinary offense, gross or systematic neglect of one's duties, which is incompatible with the status of a judge or has revealed his incompatibility with the position held, and to regulate the procedures for initiating the dismissal of a judge of the Constitutional Court of Ukraine on this basis. On the basis of the developed research materials and the analysis of national legislation and scientific sources, problematic aspects of the termination of powers and removal from the position of a judge of the Constitutional Court of Ukraine were clarified and possible ways of solving such problems were determined.

Reforming the system of administrative and territorial organization in Ukraine and the Polish Republic

The historical principles of the constitutional and legal reform of the administrative and territorial organizationin Ukraine and the Republic of Poland are studied, analyzing the constitutional legislation of both countries, the implementation of the reforms, and the existing scientific approaches. The possibilities of applying the Polish experience of constitutional modelling of the territorial organization in Ukraine are determined. Attention is paid to the main directions of reform the system of administrative and territorial organization in Ukraine and Poland at different stages of their historical development. It is noted that each period of reform to the administrative and territorial organization of these states is characterized by a different attitude towards local self-government. This allowed to outline the models of the system of administrative and territorial organization in Ukraine and Poland and to clarify their common and specific features.

The Law of Lawmaking as Quasi Constitutional Legislation

Constitutional Court Decision No. 91/PUU-XVIII/2020 regarding the judicial review of the Job Creation Act, marked for the first time Court decide prevailed on behalf of petitioners in a procedural judicial review case. The Decision erects a legal discourse relating to the superiority of the Lawmaking Act against other statutes, in terms of its position as a ground for conducting a procedural judicial review. It departs from the common understanding that all statutes are equal, no one statute could be superior to others. Normatively researched while laboring statutory, conceptual, and comparative approaches, the study resulting two answers. First, the superiority of the Lawmaking Act would be best described by quasi constitutional legislation theory. Second, the majority opinions in recent Constitutional Court Decisions reflected the entrenchment of the

Конституционная реформа второй половины 1930-х гг. и завершение формирования процессов советской государственности

The article deals with historical and legal problems related to the state and law development of the USSR during the period of socialist modernization. The authors believe that the constitutional reforms of 1936–1939 were part of the Soviet legitimization at the final stage of socialist state-building. The legitimization strategy consisted in the declaration of a new nature of statehood based not on the narrow social stratum of factory proletariat, but on the society as a whole. The essential changes in the ideological paradigm included the rejection of the former Marxist idea that the state naturally fades away after the socialist construction is completed. The goals of the legitimization strategy included a stable state power, a coherent political course, a new ideology to oppress the opposition sentiments, and a better international image. These goals resulted in significant changes to the constitutional legislation, including the norms that enshrined some principles of democratic statehood. The need to develop the Constitution of the USSR in 1936 arose from the intention of the authorities to prevent social tension, to ensure that the law corresponded to the real socio-economic and political situation, and to optimize the structure of public power. The country could not abandon the congress model of state administration because of the resistance of regional elites, which could have been overcome by a more liberal electoral legislation. The analysis provided a new interpretation of the Great Terror policy. The legal democratization after the constitutional reform, the repressions of 1937–1938, and the bureaucratization of public administration were links in the same chain that revealed a liberal-bureaucratic trend in the state and legal development of the USSR in the 1930s.

THE CRIMINAL RESPONSIBILITY OF MINISTERS IN THE CONSTITUTIONS OF ARAB MONARCHIES: A COMPARATIVE STUDY

This study aims to examine four monarchy Arab countries’ constitutions: Jordan, Morocco, Kuwait, and Qatar, in terms of how adequately they provide the necessary articles and provisions to determine the scope of the Criminal responsibility of Ministers and to make comparisons between them. The findings suggest that the compared constitutions have failed to specify the nature of the Criminal responsibility of Ministers, nor have they specified the competent body (court) that has jurisdiction to prosecute Ministers criminally. Furthermore, the comparison constitutions do not adequately specify the scope of the Criminal responsibility of Ministers. In light of these findings, several recommendations are made at the end, the most important of which is that constitutional legislators in the compared countries must specify the discovery time of the offense that postulates a Criminal responsibility of Ministers. Keywords: Criminal Responsibility, Ministers, Government, Constitutional Legislator DOI： https://doi.org/10.35741/issn.0258-2724.58.2.13

Bioética e limitações às liberdades em tempos de covid-19

Abstract This study analyzes Law 13,979/2020 (Quarantine Law), according to the principles established by the Universal Declaration on Bioethics and Human Rights , to identify the main similarities and differences between both legal frameworks in terms of the determinations imposed by the former to combat COVID-19. A bibliographic and documental search was conducted on constitutional legislation, on the Executive’s norms, and on international regulations about bioethics. Comparison between the dictates of Law 13,979/2020 and the declaration’s principles shows that the law is in line with the field of bioethics. Compliance with health measures implies recognizing and valuing human dignity and caring for one’s own vulnerability and that of others.

Wpływ sytuacji międzynarodowej na kształt dwudziestowiecznych polskich konstytucji

The subject of the article is the issue of the impact of the international situation on the shape of Polish twentieth-century fundamental laws and the determination of how the Polish constitutional legislator made it possible to implement the assumptions of Polish foreign policy. The first part of the article discusses the impact of the international situation on the provisions of the Constitutions of 1921 and 1935, with particular emphasis on the provisions relating to wartime. The second part of the article draws attention to the issues of political changes related to Poland’s membership in the Eastern Bloc countries. The third part of the article concerns the impact of the geopolitical situation on the shape of constitutional reforms during the period of Poland’s political transformation. The last part of the article analyzes the impact of Polish aspirations for European integration and NATO accession on the shape of the currently binding Constitution of 1997.