Legislative Authority Research Articles

Research on the Legislative Power of Special Economic Zones

There are two components to the zones of special economic’ dual legislative authority: the legislative authority of delegation and the legislative power of power. The challenge of balancing the legislative power of delegation and the legislation of functions under the dual-power legislation, the imprecise definition of the practical application of the legislative authority of the special economic zones, and the significant tendency toward departmentalism in the laws about special economic zones are the primary issues facing the legislative power of the zones. Future improvements to particular economic zones legislation’s procedural framework are desperately needed. These improvements should focus on bolstering the legislature’s guiding role, enhancing the normative character of draft legislation with authority, and enhancing the system for reviewing draft regulations. Construct a path for resolving conflicts between internal regulations, including clarifying the purpose and scope of authorized legislation, strengthening legislative supervision systems such as filing and review, and improving overall legislative planning and methods.

Issues of Improving the Legal Regulation of Elections in the Russian Federation: The Opinion of the Scientist and the Practitioner

Among the many areas of scientific research, there are those where there are very few scientists who are substantively engaged in the study of relevant problems. These areas include the institution of elections within the framework of the science of electoral law. One of the few scientists in Russia who has been studying this issue substantively and consistently for more than 25 years is the Honored Lawyer of the Russian Federation, Doctor of Law, Professor Victor Vasilyevich Ignatenko, who celebrated his 65th birthday on February 26, 2024. And even while working in the legislative and executive authorities of the Irkutsk region, as well as being the head of the Election Commission of the Irkutsk region and the Commissioner for Human Rights in the Irkutsk region, Victor Vasilyevich did not leave science and teaching for a minute, as evidenced by his publication activity and the number of students. His enormous managerial experience, reverent attitude to the issues of legal regulation of the spheres of his professional activity allows him to highlight certain issues of law enforcement practice on topical issues of electoral law at a high level.

The development of Islamic banks in Kazakhstan

The purpose of the research this article examines the functioning and future prospects of Islamic finance in Kazakhstan, addressing a relatively underexplored topic in the academic literature. The authors' aim is to examine the historical development of Islamic finance, identifying the obstacles that have hindered its progress, especially given the limited progress made in the last decade.Research methodology – includes applied research methods, scientific abstraction and systematic approach. The authors derive their conclusions and recommendations from an assessment of the strengths, weaknesses and threats of Islamic finance aimed at reducing the negative impact on the country's economy and financial system.Originality/value of the research - the authors carefully examine Islamic law and the use of Islamic financial instruments. Based on their analysis, recommendations are made to promote the introduction of Islamic financial instruments in the financial sector of Kazakhstan.Findings. Our findings of the study highlight the problems associated with the country's conservative approach to Islamic finance and the presence of various restrictive barriers, both prudential and social. The study can help legislative and executive authorities in developing a program for the development of Islamic finance in Kazakhstan. They can also use these recommendations to improve or create more specific legislation in this area.

Addiction in the Age of the Internet: The Case of E-drugs in the UAE

Preventing and protecting youth and society from drug harm is a goal that everyone seeks to achieve. In the first place, the legislative authority is entrusted with enacting laws and regulations to curb the new crimes, as the legislator succeeded in addressing in terms of criminalization and punishment for the crime of narcotic drugs and psychotropic substances. However, there is a legislative vacuum to stipulate a crime Digital drug, which the prosecution stands in front of confronting this crime in the absence of a text criminalizing this act based on the legal element of the crime (There is no crime and no punishment except by a text) which exacerbated the problem and made the matter more complicated. This study lies in shedding light on the possibility of providing digital drugs as reliable evidence to the investigation authorities, just like other types of drugs. The Results It's hard to criminalize digital drugs, because the Public Prosecution‘s reliance on the hormone dopamine in criminalization only, leads to the loss of the criminal case in proof by the Public Prosecution Office in the face of the accused, due to the difficulty of determining.

Legislative Power over Mineral Resources in the Ethiopian Federation: Legal and Practical Challenges

The assignment of legislative power over mineral resources is a highly contentious issue in federal constitutional design. This article aims to shed light on this issue by examining the assignment and exercise of legislative powers over mineral resources in the Ethiopian Federation. A qualitative research approach was used which included analysis of laws, examining documents and in-depth interviews. The legal framework, policy documents, and decisions of government officials relating to legislative authority over mineral resources were scrutinized. Furthermore, interviews were conducted with key stakeholders involved in the matter to gain an understanding of the actual challenges and difficulties associated with the exercise of this power. An integrated data analysis approach is used. According to the analysis, the Constitution of the Federal Democratic Republic of Ethiopia lacks clarity regarding legislative power over mineral resources. The study also reveals significant gaps in the institutional and legal frameworks governing the exercise of legislative power over mineral resources. These gaps have also resulted in the development of a legal framework that contradicts the principles laid out in the Constitution. The findings highlight the need to address the legal and practical challenges within the Ethiopian Federation.

Справедливость как основа возрождения России

The higher the level of development of the legal culture of a society, the stronger the need of citizens for legal regulation that ensures a more equitable distribution of material, social, cultural and other benefits. To do this, it is necessary that the most vital issues for the majority of Russian citizens be resolved by holding referendums in accordance with part 3 of Article 3 of the Constitution of the Russian Federation. Justice in Russia is the beginning that unites the majority of Russians and should become the main purpose not only of justice, but also of the activities of the legislative and executive authorities. All efforts should be directed at building a fairly organized, legal, high-tech state based on our ancestral values and a society of spiritually, intellectually and physically developed people.

Digitalization as a factor in legitimizing the process of forming legislative authorities of the constituent entities of the Russian Federation

This article examines the impact of digital technologies on the legitimacy of the electoral process in the Russian Federation. By showcasing the evolution of the technical equipment within the Russian electoral system, the author highlights its adaptability and ability to quickly embrace technical innovations. Through the analysis of experiences accumulated over past electoral cycles, the author demonstrates the positive effects of digital technologies on legitimizing the electoral process and outlines the main examples of such influence. In particular, the role of technological innovations in minimizing the impact of the “human factor” on the electoral process is shown. Additionally, the paper illustrates the significant contribution of remote electronic voting to improving the accessibility of elections for all groups of the population, which in turn leads to an increase in the representativeness of their results. Thus, the author reaches a reasoned conclusion about the necessity of continuing the integration of advanced digital technologies into election procedures at all levels to increase the legitimacy of the election procedure itself and the authority bodies formed as a result, including the regional legislatures of the Russian Federation.

The mismatch between geographical indication protection against evocation and its underlying objectives

The deliberations on the revision of the European Union (EU) system for geographical indications (GIs), proposed in 2022, manifest the contentious nature of protecting GIs against evocation. This article shifts attention to the origins of the anti-evocation protection, allowing for further exploration of how the protection deviates from the objectives behind its establishment. The study shows that the flaws that triggered the prospective reform were foreseen in the 1990s when anti-evocation protection was first introduced in GI law. In the 1990s, legislative discussions surrounding the introduction had already brought to light a lack of clarity regarding the objectives, the over-inclusiveness of the evocation test, and the potential absurdities it might generate. Those once potential flaws have gradually become a reality, and practice has manifested a mismatch between the anti-evocation protection and its underlying purposes. The judicial and legislative authorities’ latest bridging efforts have missed the fundamental solution to the mismatch. The EU GI legislative reform should give due consideration to adopting a harm-based approach, thus bringing the anti-evocation protection closer to its core objective of preventing harm.

The rootedness of governance of muslims from the Sunna and the science of Al Kalam, manuscript: 'Statement and Validation of the Explanation of Addareer’s book

As the system of religious command was specifically intended for the one with legislative authority—peace be upon him— without a doubt, no religious system is established except under the leadership of an imam who is obeyed. Consequently, the topic of 'Governance's Rooting' stands as one of the most crucial and essential subjects. Indeed, the value of a science lies in the knowledge it provides. The purpose and objective of this research is to connect the system of allegiance that the rule of the believers is based on, from the perspective of the science of Al Kalam. This is done by adhering to what Abu Ali al-Sukun mentioned, the skilled practitioner of science of Al Kalam, the defender of the ashraeet doctrine against its opponents, as stated in his manuscript: ‘Explanation and Liberation on the Explanation of the Dareer’s book’. I have divided this research into three main sections : A brief translation of the works of Abu Ali Assukuney ; The perspective of Assukuniy on the science of Al Kalam ; Connecting the rule of the believers in the Ash'arite school in general and, more specifically, in the context of al-Sukuney

Current situation and transformation ways of housing policy in Ukraine

Housing policy is one of the urgent scientific and practical areas within legal research because it has not been updated since 1995, and actual housing relations have already received a new meaning. The purpose of the study is to identify the features of the current situation and propose transformational approaches to housing policy. The study employs formal legal, statistical, and general scientific research methods, considering dialectical, synergistic, and axiological approaches. The main issue with Ukrainian housing policy is the absence of a modern concept guiding housing development and legal regulation. It is observed that the intensification of efforts to develop and adopt the principles of future state housing policy was conducted at the level of state authoritiesʼ activities. Based on the analysis of regulations in housing relations, it was determined that housing policy is part of a broader state policy – social policy. This is because it aims to meet the social interest – the need for housing. It is emphasised that housing policy is divided into national and regional housing policies. Particular attention is paid to the difficulty of restoring the destroyed housing facilities stock as a result of the war; it is suggested that a system of action be implemented to overcome the complicated situation in the housing sector. The study supports the idea of highlighting a specific area of modern housing policy in Ukraine, namely, ensuring the housing rights of vulnerable individuals, particularly those who have been forcibly evicted due to war. The study identifies specific areas of housing policy, including: the restoration of housing facilities (such as constructing new housing, compensating for destroyed housing, and conducting repair and construction works); devising an investment strategy for the housing sector; safeguarding citizensʼ housing rights; and revising housing legislation. These recommendations can be considered by the legislative and executive authorities when formulating a strategy and policy for the reconstruction of the housing stock of the state

Problems of insurance law and their solution in the legislation of the Republic of Kazakhstan

Relevance. The relevance of the study is explained by the growing interest of the world's legislative systems in regulating the insurance services market, especially in the private law sector market. In particular, the sale by the state to private legal entities of the rights of a claim for the obligations of the Insurance Benefit Guarantee Fund substantially liberalised the insurance services market under study. Purpose. The purpose of the study is to conduct a formal legal analysis of the national insurance legislation of the Republic of Kazakhstan and the use of comparative legal tools to examine promising institutions of insurance legislation in other countries. Methodology. The study used a systematic approach, epistemological tools of cognition, formal legal method. Results. The study on current problems of insurance law in the Republic of Kazakhstan and other countries revealed challenges such as the fragmentation of regulatory frameworks and a lack of public confidence due to undeveloped insurance mechanisms. The legislation amendments introduced in the Republic of Kazakhstan aimed to enhance accessibility, quality, and consumer rights protection in insurance services, focusing on mandatory types like civil liability and optional types such as life insurance and real estate coverage. Conclusions. The results of this study can be used both for further studies on the features of the insurance legislation of the Republic of Kazakhstan and for the regulatory work of legislative authorities, in particular in the field of insurance of construction activities. Keywords: insurance legislation; insurance payments; civil liability insurance; medical insurance; insurance of construction activities

The Path to Optimize the Authorized Legislative Power of Special Economic Zones

The authorized legislative system of China’s special economic zones has provided strong support for the successful implementation of reform and opening up. However, with the vigorous development of the special economic zone economy, the authorized legislative power of special economic zones also faces a series of opportunities and challenges, involving key issues such as power boundaries, legal frameworks, and scope definition. This study focuses on the legitimacy analysis of the authorization decisions made by the National People’s Congress and its Standing Committee, the legitimacy analysis of the authorization of the National People’s Congress to formulate regulations by the government of special economic zones, as well as the review and supervision of the authorized legislation of special economic zones. It explores the enhancement and prospects of legislative authority in Special Economic Zones, aiming to establish a theoretical foundation for the standardization of the legislative power of special economic zones in China, promote the establishment of legal frameworks and the sustained prosperity of special economic zones.

Balancing Environmental Stewardship: Examining the Rights and Obligations of the Afghan Government and Citizens in Environmental Protection

This research examines the environmental rights and obligations of the Afghan government and citizens, emphasizing collaborative approaches. It investigates government rights, including legislative authority and regulatory oversight, with corresponding obligations such as enacting and enforcing environmental laws. Citizen rights encompass environmental participation and access to information, with obligations like responsible consumption and conservation support. Data was collected through a qualitative-methods approach, from open sources, and systematically analyzed with interpretation within the context of existing literature. The study highlights collaborative rights involving public-private partnerships and international cooperation, emphasizing joint decision-making and resource sharing. The findings stress collective action, utilizing case studies and examples, and recommend strategic focus areas for both government and citizens, including monitoring and evaluation, public-private collaboration, regulatory oversight improvement, and legislative framework strengthening. The research contributes to environmental governance understanding in Afghanistan, guiding sustainable development and conservation strategies.

The Path of the Prerogatives

Abstract The path of the prerogatives refers to the process by which the royal prerogative powers outlined in Blackstone’s Commentaries entered into American constitutional law. In 1953, Professor William Crosskey opened up a new window into the Constitution when he pointed out that many of Congress’s enumerated powers had been prerogatives of the British Crown. In The President Who Would Not Be King: Executive Power under the Constitution, Professor Michael McConnell takes Crosskey’s observation as a starting point of his own more systematic analysis of how the Committee of Detail divided these prerogative powers between Congress and the President. Yet neither Crosskey nor McConnell focuses much attention on the fact that many of these powers were already delegated to the United States by the Articles of Confederation. Nor do they ask whether the founders conceived of these powers primarily as legislative or executive powers, on the one hand, or government powers, on the other—a critical distinction reflected in the text of the Constitution by the Necessary and Proper Clause. This article investigates these topics by tracing the path of the prerogatives from 1774 to 1776 in the writings of James Wilson, Benjamin Franklin, John Dickinson, and Thomas Jefferson, highlighting the crucial role played by these powers in Wilson’s 1774 essay on the legislative authority of Parliament, the Articles of Confederation, and the Declaration of Independence. The article also discusses two further issues that any adequate theory of presidential powers must confront: the distinction between government powers and executive powers, and the status of the United States as a legal corporation, in which implied powers are vested without needing to be enumerated. Finally, the article points to new evidence indicating that Jefferson borrowed specific language and ideas from Wilson when drafting the Declaration of Independence.

Foreign experience in determining the validity of the will of the people

The subject of the study is the experience of foreign countries in the field of the authenticity of the will of the people when voting on direct forms of democracy. The paper examines democracy and the identification of the will of the people in Germany. It is proposed to distinguish broad and narrow approaches to understanding reliability when it comes to identifying the will of the people. Thus, a narrow approach is relevant only to the correctness of the vote count, and then the credibility of the will of the people should be defined as the correspondence of the final voting protocol to the actual will of the people, and with a broad approach it is proposed to consider it as the correspondence of the will of the people to the true and free will of the people. The classification of types of distortions of the will of a citizen (based on their nature) is revealed. The main conclusions of the study are the results of studying the foreign practice of organizing the determination of the reliable expression of the will of the people in direct forms of democracy. In a number of positions, foreign experience can be borrowed. Thus, it would be justified to legislatively and constitutionally consolidate the increasing importance of political parties in the sphere of forming the will of the people. Taking into account foreign experience, it is possible to introduce specific measures of criminal and civil liability of a casuistic orientation for non-fulfillment or violation of the procedural norms of the electoral process stipulated by law, entailing distortion of the will of voters. It seems that there is a need to introduce responsibility to the people and the entire deputy corps of the legislative authority as a whole, that is, the introduction of a popular vote of no confidence in this composition of the legislative authority if there are doubts about the reliability of the results of determining the will of the people. As guarantees of the real implementation of democracy and the power of the people, it would be necessary to provide for the adoption of the most important legislative acts in the field of determining the authenticity of the will of the people, only if there is a popular initiative.

The Federalism in Pakistan within Constitutional Frameworks

This article explores the application of federalism in Pakistan, following its development from the initial provisional constitution to the current one. It examines the legislative, executive, and monetary authority bestowed upon the federal and provincial governments of Pakistan under the country's three constitutions. The article concludes that the history of federalism in Pakistan highlights the significance of putting it into practice in accordance with its genuine spirit, embracing an interpretivist paradigm with a qualitative approach.

Interim Minister’s Penal Liability

There are three distinctive authorities stipulated in all constitutions: the legislative authority, the executive authority, and the judicial authority. Each authority performs its role as stipulated in the Constitution. The executive authority is considered the actual authority in the parliamentary system, i.e. all executive powers are exercised under the leadership of the Prime Minister, consequently; there is an actual minister for each ministerial portfolio. In all systems, the position of the minister is considered the cornerstone in managing the affairs of the ministry, especially in drawing up its general policy. Indeed, the minister represents his ministry before all authorities in the state, not to mention his primary representation before the Parliament since it is the entity that grants him confidence after taking the constitutional oath. While taking office, the minister holds responsibility for all his actions and deeds.

Ambiguity of The Criminal Provision: Methodological Insights from the American Supreme Court and the Kuwaiti Constitutional Court

This research paper examines the inherent ambiguity within criminal provisions, exploring the methodological approaches employed by the American Supreme Court and the Kuwaiti Constitutional Court in interpreting and adjudicating cases involving ambiguous criminal statutes. The study delves into the complexities surrounding legal ambiguities, the challenges they pose to the rule of law, and the divergent approaches taken by these two legal systems. The study showed that this principle restricts legislative authority when formulating criminal laws, which is that they must be understood by those who are addressed according to the standard of a normal person abiding by the law. This study followed the comparative analytical approach for the research to increase its richness and scientific value, as it includes rulings of comparative constitutional courts and then an analysis of those rulings about the criteria for determining ambiguity. Finally, this study suggested the adoption of a clear approach and specific, fixed, measurable, and applicable standards by the Kuwaiti Constitutional Court when imposing its oversight on ambiguous penal texts, to ensure the integrity of the legal structure and to reach clear, consistent results.

Shedding Light on the Inadequate Protection of Internet Users’ Right to Privacy under Kuwaiti Law

Abstract Digital technology such as AI has enabled private companies to collect and analyse people’s personal information, which may infer hidden private data about the individual, such as medical data or psychological state. The inferred private information can be sold to third parties or used to target advertisements without the individual’s knowledge and explicit consent. Private companies, therefore, pose a risk to internet users’ right to privacy in the digital world. As such, the legal system should have a comprehensive Data Privacy law that provides internet users with adequate legal protection for preserving their right to privacy against private companies. Still, Kuwait lacks comprehensive Data Privacy. The only two data privacy mechanisms are embodied in chapter 7 under the Electronic Transaction Act (ETA) No. 20 of 2014 and the Regulation of User Protection and Privacy issued by the Communication and Information Technology Regulatory Authority (CITRA). This paper finds that the fragmented Kuwaiti laws concerning the individual’s right to privacy inadequately protect internet users’ right to privacy against the risk posed by private companies, and therefore, legislative interventions are needed. This paper concludes with proposing essential recommendations for the Kuwaiti Legislative Authority to issue a comprehensive data privacy law, using European Union’s General Data Protection Regulation as a guidance framework (GDPR), to strengthen internet users’ right to privacy (as control over their personal information) against the risk private companies pose.

ПОТЕНЦИАЛ РАЗВИТИЯ АГРАРНОГО СЕКТОРА РЕГИОНОВ АРКТИЧЕСКОЙ ЗОНЫ РОССИЙСКОЙ ФЕДЕРАЦИИ В НОВЫХ ЭКОНОМИЧЕСКИХ УСЛОВИЯХ

The agricultural sector is one of the main driving directions of the domestic economy, which has a direct impact on the sustainability of the socio-economic system and the level of food security of the country and its regions. This study is devoted to the study of issues related to the development of the agro-industrial complex of the regions of the Arctic zone of the Russian Federation. Being a territory under the influence of special economic and social conditions, as well as possessing a powerful natural resource potential, the Arctic regions are in the constant focus of attention of government authorities and the scientific community, and are also the object of this study. Modern realities require constant study of problems, identification of ways of regional development, transformation and adaptation to new living conditions, and this determines the relevance of this study in the context of the agricultural sector of the economy of the Arctic regions. The article summarizes scientific works devoted to the analysis of the concept of "potential" and the definition of its structure, as well as theoretical materials of regional scientists who devoted their research to the study of the development of agriculture and its Arctic specifics. The authors consider the current conditions of the agricultural sector, identify factors and risks at the level of the country and its subjects. On the basis of the studied materials, the definition of the concept of "potential for the development of the agro-industrial complex" is given, its structure is determined. The system of factors shaping the effectiveness of the potential of the agricultural sector is considered. During the analysis, the features and problems of the potential of the regions of the Arctic zone, as well as some areas for development, were identified. The main results of the study can be used by legislative and executive authorities at the state and regional levels in the development of strategies and programs for the development of agriculture in the regions of the Russian Arctic.