Normative Act Research Articles

BENDRAVALSTYBINĖS LDK PRIVILEGIJOS KAIP LIETUVOS KONSTITUCINIAI AKTAI

Using legal instruments authors of the article aim to determine whether the regional privileges of the Grand Dutchy of Lithuania (hereinafter referred to as GDL) of 1387-1568 can be refereed to normative legal act or normative legal contract – one of the recognized source of law. There should be also revealed the special procedure of lawmaking and external result expression, which let to ascribe the privileges to the constitutional law (not ordinary law) sources. Finally, the formal legal connection between the privileges and later constitutional acts of GDL – three Lithuanian Statutes and integrated Constitution of 1791, is revealed.Firstly, the preconditions and necessity to emerge, resources for issue of the regional privileges of GDL are explored While analyzing the situation of state formation of those days, the authors conclude that there were preconditions for emergence of regional norms as well as the external form for norms – normative legal act, at the end of XIV century. The regional normative legal acts of GDL naturally originated as privileges – the type of normative legal act that is typical to medieval European law.In the second part of the article the process of issuing, recording and systematization of the regional privileges of GDL are analyzed and they are characterized as the result of lawmaking.The part of lawmaking raised to the level of regional privileges regulated four types of public relations, which fell within the public law sphere and most of it – within the constitutional sphere (in the light of modern jurisprudence). The specific of process of issuing, recording and systematization (which was a rare phenomena in GDL) of the regional privileges of GDL distinguished them as having higher legal power comparing to other normative legal acts and other sources of law.The scientific explanation for the validity of these privileges is given in the third part of the article. The authors state that the connection between the privileges and three Lithuanian Statutes may be explained in the light of interaction among the Act of February 16, 1918, the Resolution of constituent Seimas of May 15, 1920 and later constitutional acts. It is inferred, that from the formal legal point of view all the regional privileges in GDL issued in 1387–1568 were the sources of constitutional law (constitutional legal acts) in the modern sense of the term.

Legal groundwork for state ecological monitoring of the Baikal Natural Territory

On the basis of analyzing the legal norms in the sphere of state ecological monitoring and the division of power, we substantiate the conclusions about the legislatively established predetermination of the ecosystem approach in implementing the functions related to Baikal’s monitoring, the need to provide governmental authorities with administrative and financial instruments as well as about scientific and personnel accompaniment. We suggest the top priority goals and conceptual provisions of the normative act concerning the procedure of monitoring the lake’s ecosystem, and the primary objectives of the legal framework for implementation of the system approach to monitoring operations. Results can be used in elaborating the bylaws for the Federal Law “On the protection of Lake Baikal”.

Methods of Economic Analysis of Law in the Design of Normative Legal Acts

The article gives a brief description of the economic approach to the analysis of law and institutional design, are determined by the relevant applications of the methods and results of economic analysis of law in the creation of normative-legal acts.

“MUTAÇÃO À BRASILEIRA”: UMA ANÁLISE EMPÍRICA DO ART. 52, X, DA CONSTITUIÇÃO

O objetivo do presente estudo é testar a plausibilidade da tese de que teria ocorrido mutação constitucional no sistema de controle de constitucionalidade no Brasil, especificamente quanto à competência conferida pela Constituição ao Senado Federal para suspender a eficácia de lei ou ato normativo declarado inconstitucional no controle difuso de constitucionalidade. Esse argumento foi empregado pelo Ministro Gilmar Mendes, do Supremo Tribunal Federal, no julgamento da Reclamação 4.335-5/AC. Para analisar a consistência dessa tese, realizou-se uma análise empírica do papel do Senado Federal diante do art. 52, X, da Constituição. Como resultado, defende-se não ser possível dar plausibilidade a esse tipo de argumentação apenas tendo por base jurisprudência, doutrina e argumentação tipicamente constitucional, necessitando de base empírica que o permita atribuir mais solidez e consistência a qualquer argumento de mutação constitucional na ordem jurídica brasileira.

Declaration of Humanistic Principles in University Library Activities in Federal and Local Normative Acts

The topical issues of activity of libraries of higher educational institutions in the conditions of transition to information society and reform of education system are considered. There are reflected special features of humanistic trend in libraries activity in the normative acts in the field of education and librarianship. There is highlighted that library experts focus attention on the need to define the mission of library based on the principles of humanism.

Основные векторы и проблемы развития социального законодательства

The article on the guidelines for the development of social legislation of the Russian Federation predicts a rapid and accelerated development of this block of Russian law system.Among the largescale trends typical for social legislation the author includes: expanding of the scope of regulation (juridification) and the corresponding expansion of legal regulations, differentiation of social legislation on the new brunches (in particular, immigration legislation), the formation of new sub-brunches within
 the existing ones (for instance, labor relations in the public service) and institutions (biotechnology and so on).
 The article discusses some “growth problems” of social legislation: the tendency of commercialization of the sphere leads to a decrease of the quality of services, the weakening of safeguards for the most vulnerable categories of citizens (for example, cancellation of the rules on prior consent of the guardianship authorities to carry out transactions with premises where childrenlive, led to a decline of living conditions of many minors of the Russian Federation). As a result the very content of constitutional rights is expressly questioned. At the same time it is underlined that the positive aspect of social legislation juridificationis the appearance of new obligations of the state in the social sphere.
 To overcome the existing problems and to prevent new onesit is proposed to strengthen the role of science in determining the broad guidelines of development of social legislation in the systematization of social legislation, unification of regional legislation in the social sphere, preventing the rejection of statutory approach in the formation of the secondary legislation, reduction of by-law regulation, strengthening the greater coherence of other branches of Russian legislation with the norms of social legislation.
 Optimization of legislative regulation through the adoption of the Federal Law “On Normative Legal Acts” will contribute to the elimination of many defects of social legislation and greater stability of legislation of the Russian Federation in the whole.

Performatives in Cypriot, Greek and Polish Texts of Normative Acts. A Comparative Study

Abstract The theory of speech acts, formulated by Austin and developed by Searle, is widely applied to analyse and classify various speech acts. In this paper it is assumed that legal texts, especially normative acts i.e. constitutions and statutes, are direct speech acts. Normative acts (statutory instruments) are linguistic entities and they do not exist outside the language, thus the theory of speech acts may be applied to examine them. They are also considered to be performative utterances according to Austin’s classification. In this paper the intention is to compare Cypriot, Greek and Polish normative acts on the basis of the so-called classical theory of speech acts and typology of performativity exponents. The author will compare various methods of expressing performativity in reference to the meaning conveyed by them. Furthermore, other exponents of performativity occurring in the analysed texts (the so-called extra textual methods of expressing performativity) shall also be compared. The results obtained while performing the analysis and comparison may be significant for scholars, lawyers and translators

La jurisprudencia en cuba: reconocimiento dentro del sistema de fuentes del derecho y posibles consecuencias*

In Cuba there is no formal and explicit determination of the sources of Law. At present, however, beyond the normative act as only way for the creation of Law, exists other forms, among which is the jurisprudence. This article discusses some elements that sustain the possibility and necessity of its recognition in the Cuban legal system and the consequences of this fact, since the development of the jurisprudence in different historical moments, the main positions and doctrinal controversies — especially in the Cuban academic circles —, and its concrete manifestation in the judicial system in Cuba.

Uzasadnienie orzeczenia w sprawie pytania prawnego

The procedure of question of law to the Constitutional Tribunal (article 193 of the Constitution) allows both a court and the Tribunal to have a dialogue concerning the normative act which will determine an issue current before that court. This specific dialogue should be reflected in the explanatory part of the judgment. Moreover, the effectivity of that dialogue depends strictly upon the way Tribunal explains motives of the ruling and presents its argumentation. The explanation of the judgment does not have a status of universally binding and final statement of the Tribunal. However it should convince the court and other addressees of the judgment of the Tribunal’s interpretation of the constitutional norms taken into consideration in particular case. Explanation presented by the Tribunal should give a clear solution of the constitutional issue put forward by the court in its question of law. Only then the court may resolve individual case issuing a judgment which conforms to the Constitution.

Кодекс судейской этики и дисциплинарная ответственность судей

This article discusses the meaning and content of the Code
 of Judicial Ethics, approved by the All-Russian Congress of Judges
 VIII December 19, 2012. Considered the Bangalore Principles
 of Judicial Conduct, and their influence on the formation of the
 Constitutional Court of the Russian Federation regarding the role
 of the Code of Judicial Ethics in the system of legal acts of the
 Russian Federation. The article examines the nature of disciplinary
 responsibility of judges, draws conclusions about the need to
 strengthen the role of the Code of Judicial Ethics, which should
 unreservedly recognized as a normative act, which has full legal
 force.

Correlation of Normative Resolutions with Normative Legal Acts

In the given article the issues concerning normative resolutions which are given by the Supreme Court of the Republic of Kazakhstan according to criminal cases are pointed out. The structure and mechanism of normative resolutions are discussed. Correlation of normative legal acts are investigated. Normative legal acts consist of legal norms, they regulate and manage social relations. It means that, as the normative legal acts play an important role on the judicial sphere, they create, change the norms and even can stop their activity. Here we may include constitutional laws, codes, laws, all charters of the President of the Republic of Kazakhstan which have legal power. Normative resolutions are equal for all, according to definite cases it is used not for one person, but for several people. Also, normative resolutions are used in accordance with legal acts, and until the used norm loses its power it can have definite power.

Legitymacja czynna związków zawodowych i organizacji zawodowych w świetle orzecznictwa Trybunału Konstytucyjnego

According to Article 190 para 1 subpara. 4 of the Constitution the national organs of trade unions as well as the national authorities of employers’ organizations and occupational organizations may make application to the Constitutional Tribunal regarding constitutional review. According to para 2 of Article 190 of the Constitution the subjects referred to in para. 1 subpara 4 may make such application if the normative act relates to matters relevant to the scope of their activity. The aim of this paper is to present the hinterto prevailing case law of the Constitutional Tribunal concerning the issue of locus standi of two types of subjects indicated in Article 190 para 1 subpara 4: the national organs of trade unions and national authorities of occupational organizations. The Constitutional Tribunal has received a quite precise defi nition of “a national organ of a trade union” as well as a defi nition of “an occupational organization”. On the other hand, more problems usually causes the issue of the objective scope of the competence to initiate constitutional review by one of aforementioned subjects. The Constitutional Tribunal pointed out in a few judgments merely main requirements which have to be fulfi lled when constitutional review is initiated by a national organ of a trade union or national authority of an occupational organization. It means that some questions regarding the objective scope of locus standi of trade unions and occupational organizations are still open.

THE MODEL OF RELATIONS BETWEEN THE STATE AND RELIGIOUS ORGANIZATIONS AND ITS IMPLEMENTATION IN THE REPUBLIC OF LATVIA

THE MODEL OF RELATIONS BETWEEN THE STATE AND RELIGIOUS ORGANIZATIONS AND ITS IMPLEMENTATION IN THE REPUBLIC OF LATVIA

Standing for the Judicial Review of Community Normative Acts: Closing Pandora's Box?

This casenote analyzes the UPA decision, where the ECJ missed the opportunity to relax the conditions for standing for judicial review of Community regulatory acts (Regulations). It concludes on the ambiguity of the judgment which, although conservative and usually deferential to the treaty-makers, leaves some window of opportunity for future changes.

O Controle da Constitucionalidade das Leis e dos Atos Normativos

The objective in controlling for constitutionality is to preserve the supremacy of the constitution. Through actions (abstract control) normally manifested by ADI, ADECON, or ADPF, the judicial decisions usually produce an erga omnes and ex tunc effect, in such a way as to inhibit the duration of constitutional controversies. Through execution, whatever Judge or Tribunal can acknowledge the unconstitutionality of a law or normative act. Although the decision has an ex tunc efficacy it depends on the understanding by the Federal Supreme Tribunal of the question, normally through Extraordinary Resources and the manifestation by the Federal Senate (art. 52, X, of the FC) The national judicial system also controls unconstitutionality by omission, either through a concentrated form (ADI by omission) or by a diffuse way (injunction).

Chapter 23. The Consideration of Cases Concerning Challenges to Normative Legal Acts

Chapter 23. The Consideration of Cases Concerning Challenges to Normative Legal Acts

An Ethically Neutral Decision Aid

Decision Analysis can not be done without some reflection on the normative grounds of the analysis. The aim of decision analysis is to recommend an action. This recommendation constitutes a normative act. There are mainly two economic decision analyses: Cost-benefit analysis and multi-criteria-analysis (MCA). The latter uses evaluations on several criteria to recommend a decision. The discussion about the superiority of one of these instruments is usually based on the question whether the interests of the decision maker are more adequately integrated into a mono- or multi-criteria analysis (see for example MUNDA 1996). In my paper I go one step further: I take it as evident that in certain contexts - which are here environmental decisions in the framework of sustainable development - interests are more adequately reflected by several criteria. I ask how these criteria would have to be constructed to integrate all possible arguments of the decision maker. The answer to this question, an explicitly normative discourse, leads to the idea of the implementation of an ethically neutral MCA. The chosen ethical foundation, pluralism, enforces the positive aspects of participation. The final paragraph illustrates the argument through a (still hypothetical) example.

86. In the Case Concerning Verification of the Constitutionality of a Variety of Normative Acts of the City of Moscow and Moscow Oblast, Stavropol Krai, Voronezh Oblast, and the City of Voronezh Regulating the Procedure for the Registration of Citizens Arriving to Take up Permanent Residence in the Named Regions

86. In the Case Concerning Verification of the Constitutionality of a Variety of Normative Acts of the City of Moscow and Moscow Oblast, Stavropol Krai, Voronezh Oblast, and the City of Voronezh Regulating the Procedure for the Registration of Citizens Arriving to Take up Permanent Residence in the Named Regions

The gender-specific terror of El Salvador and Guatemala: Post-traumatic stress disorder in Central American refugee women

A taxonomy of three broad categories describes the forms of sexual abuse commonly found in El Salvador and Guatemala, where gender-specific political repression traumatizes people and gives rise to Post-Traumatic Stress Disorder (PSTD). If the psychological problems of Central American women refugees are to be addressed meaningfully, we must attend not only to the special characteristics of the assaults they have endured, but also to features of the pre-trauma environment in which they lived, and the post-trauma experience of exile. Of particular importance is the distinction between institutionalized and noninstitutionalized sexual assault; that is, assault sanctioned by the government as a normative act of social control versus assault which is considered deviant, criminal, and punishable by law. A case study of a Central American refugee woman suffering from PSTD is presented, to illustrate the psychological symptoms attendant to trauma and the use of sexual abuse as a form of political repression.

Normative Acts of the International Economic Organizations in International Law–Making

Normative Acts of the International Economic Organizations in International Law–Making