Right Of Legislative Initiative Research Articles

Представительные органы и власть народа: слитно или раздельно?

The article is based on an analysis of legislative procedures in the State Duma and a comparison of the content of bills, introduced by certain subjects of the right of legislative initiative, it is concluded that the laws adopted by representative bodies to a greater extent embody the interests of the ruling elite, and not the will of the people as the source of power. Measures are proposed aimed at providing conditions for the people to exercise their power.

Представительные органы и власть народа: слитно или раздельно?

The article is based on an analysis of legislative procedures in the State Duma and a comparison of the content of bills, introduced by certain subjects of the right of legislative initiative, it is concluded that the laws adopted by representative bodies to a greater extent embody the interests of the ruling elite, and not the will of the people as the source of power. Measures are proposed aimed at providing conditions for the people to exercise their power.

Legal anomie as a factor in reducing effectiveness of law-making activities

The article investigates the issue of legal anomie through the prism of amendments to the current Russian legislation. It is noted that in critical situations of society development, such changes can be explained both by the need to regulate new social relations and by the development of anomie penetrating into the structure of public administration. The article analyzes characteristic of the subject of legislative initiative through manifestation of legal idealism. The method of comparing the number of amendments introduced to various regulations is applied, which allows to conclude that there is a frequent lack of consistency in legislator’s actions. It is noted that legislation concerning various spheres of legal regulation changes in different ways. Constitutional legislation is given as an example of rational amendments. It is concluded essential to move from periodic changes in the law to scientifically based legal reforms, within the framework of which the amendments to the law should be characterized by consistency and systematicity. The leading role in overcoming destructive processes in the development of domestic legislation is assigned to the Constitutional Court of the Russian Federation. It is concluded that the process of amending legislation and its dynamics has a certain historical connection with the development of legal anomie in society. The different activity in the development of new bills, which is characteristic of different participants in the legislative process, may indicate that the level of anomie is not the same in different authorities and at different levels of public administration. Particular attention is paid to consideration of the specifics of implementing the right of legislative initiative by the representative bodies of the constituents of the Russian Federation. The spread of legal anomie in the legislative process is one of the most dangerous phenomena in the legal system; it has the most destructive impact on the effectiveness of law enforcement and justice.

Некоторые проблемы законодательного процесса в Конституции Вьетнама 2013 года

The legislative process is one of the important activities of the state, which is to find a balance between the in-terests of society and the state when adopting laws. Therefore, the most important contents related to the legis-lative process are always enshrined in the Constitution of the State – the basic law, which has the highest legal force. In Vietnam, a number of issues related to the legislative process are also mentioned in the current Con-stitution of 2013. The Constitution of Vietnam has fixed certain elements of the legislative process: the right of legislative initiative; quorum for the adoption of laws; publication of laws by the head of state. The article focus-es on the analysis and evaluation of the provisions of the Constitution of Vietnam concerning the legislative process, on the basis of which it is possible to make recommendations on amendments to a number of articles of the Constitution of Vietnam, contributing to the improvement of the legislative process.

Право законодательной инициативы в уголовном процессе как гарантия устранения правовой неопределенности

Elimination of the legal uncertainty of the criminal procedure legislation is one of the most important ways to improve the quality and effectiveness of activities to combat crime. The author substantiates the need to endow the Prosecutor General of the Russian Federation and the Federal Chamber of Lawyers with the right of legislative initiative. This form of participation of the Prosecutor's office and the bar in the law-making process will ensure prompt response to defects in the legal regulation of criminal procedural activities.

Constitutional Value as a Fundamental Category of Russian Constitutional Law: Concept and Essence

Within the framework of this article, the positions of various scientists on the concept and essence of constitutional values within the framework of Russian constitutional law are analyzed. The main approaches to understanding the essence of constitutional values are highlighted. The purpose of the study is the formation of the authors definition of the concept of constitutional values, the main task is to determine the sources of consolidation of constitutional values in the Russian state. It is concluded that it is necessary to adopt the position of those authors who propose to understand constitutional values as fundamental principles (attitudes) necessary for the normal development of both an individual and the whole society and the state. Based on the analysis, it is also concluded that it is necessary to recognize the source of constitutional values exclusively the provisions of the current Constitution, acts of constitutional interpretation are assigned only the role of interpretation of constitutional values and disclosure of their content and essence. From a critical point of view, the approach of the legislator to grant the Constitutional Court of the Russian Federation the right of legislative initiative is evaluated. It is stated that it is impossible to develop a single and universal definition of constitutional values, which, however, should not be considered as an obstacle to scientific research in the field under consideration. Based on the analysis carried out, constitutional values are proposed to be understood as a set of basic and fundamental principles (attitudes) proclaimed by the Constitution, binding on all subjects of public relations, emerging in the process of functioning of society and the state, aimed at ensuring the favorable development of both an individual in the state and society and the whole state, organically combining both private and public interests.

Regulamin Rady Państwa Republiki Słowenii

The National Council was provided for in the Constitution of the Republic of Slovenia of 23 of December 1991. The second chamber of the Slovenian Parliament, together with the State Assembly, forms part of the legislature. However, it differs significantly from it, particularly with regard to the way in which its composition is determined. The National Council is in the body representing social, economic, professional and local interests. Therefore, elections to this body are neither universal nor direct. Nevertheless, this body is not a typical representative authority because its members are elected on the basis of functional representation. The Council of State has both “soft” powers related to the expression of opinions, as well as “hard” powers allowing it to effectively influence the work of National Assembly and the law-making process in the Republic of Slovenia. The latter powers include, for example, the right of legislative initiative and the right of suspensive veto. The presented Rules of Procedure contain provisions on the exercise of the powers granted to the National Council.

FEATURES OF THE PRINCIPLE OF SEPARATION OF POWERS IN THE CONTEXT OF THE LEGAL LIMITATION OF STATE POWER/ ԻՇԽԱՈՒԹՅԱՆ ՏԱՐԱՆՋԱՏՄԱՆ ՍԿԶԲՈՒՆՔԻ ԱՌԱՆՁՆԱՀԱՏԿՈՒԹՅՈՒՆՆԵՐԸ ՊԵՏԱԿԱՆ ԻՇԽԱՆՈՒԹՅԱՆ ԻՐԱՎԱԿԱՆ ՍԱՀՄԱՆԱՓԱԿՄԱՆ ՀԱՄԱՏԵՔՍՏՈՒՄ/ ОСОБЕННОСТИ ПРИНЦИПА РАЗДЕЛЕНИЯ ВЛАСТЕЙ В КОНТЕКСТЕ ПРАВОВОГО ОГРАНИЧЕНИЯ ГОСУДАРСТВЕННОЙ ВЛАСТИ

This article addresses the most important theoretical and practical issues of modern jurisprudence, the manifestation of the principle of separation of powers in the context of the legal limitation of state power. The article reveals the essence and features of the manifestation of the concept of "legal restriction", the principle of separation of powers, as well as the system of checks and balances in modern legal literature. The purpose of the study of the topic is to present various approaches of well-known jurists and philosophers regarding the principle of separation of powers, the peculiarities of the manifestation of this principle in the presidential, semi-presidential and parliamentary republics, as well as to present the author's analysis of them. Particular attention was paid to the issues of delegating the right of legislative initiative and the use of the veto by the President in the context of the principle of separation of powers. The results of the study will provide an opportunity to gain a more detailed understanding of the legislative development of this principle of government in different states and forms of government, as a result of which we will be able to improve the legislation of the Republic of Armenia.

The Rights and the Proxies of the Monarch in Romania According to the Constitution of 1866

The article is devoted to the analysis and the characteristics of the rights and the proxies of the monarch in Romania according to the Constitution of 1866. The adoption of the first Basic Law was the fateful act in the history of the state-building processes of Romania and contributed to its development as the sovereign state. The Constitution had the contractual nature and established the compromise between the young bourgeoisie and the large landowners in the form of the constitutional monarchy. The king in Romania for a long time remained the person who was «above» of all the state and political leadership of the country. This status and the proxies of the monarch were delegated with the first Basic Law. The legal fixing of such legal status of the monarch at the level of the Constitution made it possible to establish full-fledged royal power, which was an extremely important state-political step for the development of Romania as the independent country. The constitutional foundations, the functions and the limitations of the institution of the monarchical power in the principality were fixed in the number of the articles of the Constitution of 1866. At the same time, the important state-constitutional aspect was the clear fixation that all proxies of the monarch could be done based on the interests of the Romanian nation. The Basic Law of 1866 established the proxies of the monarch such as in the legislative branch of power (the right of legislative initiative, the right of the interpretation of laws, Articles 32–34); executive power (had to implement it in the manner determined with the Constitution, Article 35) and partially in the justice system (the right to declare amnesty on the political issues, the right to postpone or to mitigate punishment in criminal cases, Article 93). For strengthening of the foundations of the statehood, the Constitution officially established the principle of the hereditary power of the monarch (Article 82). His person was declared inviolable. Herewith, the Romanian constitutionalists fixed that the monarch did not have any other proxies, except those granted to him with the Basic Law (Article 96). Adopted in 1866, the Basic Law approved legally the democratic aspirations of the Romanian nation. It defined directly the most important principles of the state functioning as the principle of the national sovereignty, the principle of the division of powers, the principle of representative government, the principle of hereditary monarchy, the principle of the responsibility of the state officials, the principle of the Rule of law, etc. The Basic Law definitely contributed to the gradual democratization of the state-governing and public structures, the formation of the concept of the civil personality and untouchability, foresaw the presence of the political and legal pluralism in the country, etc. Due to the introduction of the institution of the constitutional monarchy, that ruler in the person of Karl I could establish and hold the certain political balance in the country between the liberals and the conservatives, which opened the possibility to potentially strengthen the two-party system and laid the foundations of the civil society and the future constitutional life of Romania.

Public participation in the legislative process of the Republic of Azerbaijan: the current state of legal regulation and prospects for further development of legislation

The article examines the features of public participation in the legislative process of the Republic of Azerbaijan. The current state of legal regulation of public participation in the legislative process under the legislation of the Republic of Azerbaijan is analyzed. In particular, it was found that in the legislation of the Republic of Azerbaijan, this issue is regulated by regulating the participation of natural persons-citizens of the Republic of Azerbaijan. In order to realize the right of citizens to initiate a draft law, an Initiative Group is created from the number of at least 300 citizens of the Republic of Azerbaijan, who have the right to submit a draft to the Parliament. In addition, the members of the Initiative Group must collect the signatures of at least 40,000 eligible voters of the Republic of Azerbaijan, and the collection of signatures must cover at least 60 electoral districts and at least 500 signatures must be collected from each electoral district. However, despite, at first glance, the indisputable positive value of this norm, in practice the specified requirements set forth in the draft law create significant obstacles to the implementation of the right of legislative initiative and the participation of civil society in the decision-making process. Public access to up-to-date information on legislative activity and the legislative process is also not sufficiently ensured at present. Given this, legislative activity and the decision-making process are only partially transparent to the public. As a rule, most draft laws and transcripts of Milli Majlis meetings are available for review on the official Milli Majlis website. However, Transcripts of parliamentary committee debates are not published. Given this situation, compliance with the principle of transparency of the legislative process seems somewhat doubtful. An obvious gap is the lack of rules and regulations regarding electronic signatures and electronic registration, which can be used when creating an initiative group and collecting signatures in support of the draft law. Given that the growing role of e-parliament is now one of the main issues of public policy, it is unwise to ignore e-signatures and e-registration provisions. The need for further improvement of the legislation of the Republic of Azerbaijan in terms of regulating public participation in the legislative process is emphasized. An obvious gap is the lack of rules and regulations regarding electronic signatures and electronic registration, which can be used when creating an initiative group and collecting signatures in support of the draft law. Given that the growing role of e-parliament is now one of the main issues of public policy, it is unwise to ignore e-signatures and e-registration provisions. The need for further improvement of the legislation of the Republic of Azerbaijan in terms of regulating public participation in the legislative process is emphasized. An obvious gap is the lack of rules and regulations regarding electronic signatures and electronic registration, which can be used when creating an initiative group and collecting signatures in support of the draft law. Given that the growing role of e-parliament is now one of the main issues of public policy, it is unwise to ignore e-signatures and e-registration provisions. The need for further improvement of the legislation of the Republic of Azerbaijan in terms of regulating public participation in the legislative process is emphasized. that the growing role of electronic parliament is now one of the main issues of public policy, it is unwise to ignore electronic signatures and electronic registration provisions. The need for further improvement of the legislation of the Republic of Azerbaijan in terms of regulating public participation in the legislative process is emphasized. that the growing role of electronic parliament is now one of the main issues of public policy, it is unwise to ignore electronic signatures and electronic registration provisions. The need for further improvement of the legislation of the Republic of Azerbaijan in terms of regulating public participation in the legislative process is emphasized.

Public participation in the legislative process of the Republic of Azerbaijan: the current state of legal regulation and prospects for further development of legislation

The article examines the features of public participation in the legislative process of the Republic of Azerbaijan. The current state of legal regulation of public participation in the legislative process under the legislation of the Republic of Azerbaijan is analyzed. In particular, it was found that in the legislation of the Republic of Azerbaijan, this issue is regulated by regulating the participation of natural persons-citizens of the Republic of Azerbaijan. In order to realize the right of citizens to initiate a draft law, an Initiative Group is created from the number of at least 300 citizens of the Republic of Azerbaijan, who have the right to submit a draft to the Parliament. In addition, the members of the Initiative Group must collect the signatures of at least 40,000 eligible voters of the Republic of Azerbaijan, and the collection of signatures must cover at least 60 electoral districts and at least 500 signa-tures must be collected from each electoral district.However, despite, at first glance, the indisputable positive value of this norm, in practice the specified requirements set forth in the draft law create significant obstacles to the implementation of the right of legislative initiative and the participation of civil society in the decision-making process. Public access to up-to-date information on legislative activity and the legislative process is also not sufficiently ensured at present. Given this, legislative activity and the decision-making process are only partially transparent to the public. As a rule, most draft laws and transcripts of Milli Majlis meetings are available for review on the official Milli Majlis website. However, Transcripts of parliamentary committee debates are not published. Given this situation, compliance with the principle of transparency of the legislative process seems somewhat doubtful. An obvious gap is the lack of rules and regulations regarding electronic signatures and electronic registration, which can be used when creating an initiative group and collecting signatures in support of the draft law. Given that the growing role of e-parliament is now one of the main issues of public policy, it is unwise to ignore e-signatures and e-registration provisions. The need for further improvement of the legislation of the Republic of Azerbaijan in terms of regulating public participation in the legislative process is emphasized. An obvious gap is the lack of rules and regulations regarding electronic signatures and electronic registration, which can be used when creating an initiative group and collecting signatures in support of the draft law. Given that the growing role of e-parliament is now one of the main issues of public policy, it is unwise to ignore e-signatures and e-registration provisions. The need for further improvement of the legislation of the Republic of Azerbaijan in terms of regulating public participation in the legislative process is emphasized. An obvious gap is the lack of rules and regulations regarding electronic signatures and electronic registration, which can be used when creating an initiative group and collecting signatures in support of the draft law. Given that the growing role of e-parliament is now one of the main issues of public policy, it is unwise to ignore e-signatures and e-registration provisions. The need for further improvement of the legislation of the Republic of Azerbaijan in terms of regulating public participation in the legislative process is emphasized. that the growing role of electronic parliament is now one of the main issues of public policy, it is unwise to ignore electronic signatures and electronic registration provisions. The need for further improvement of the legislation of the Republic of Azerbaijan in terms of regulating public participation in the legislative process is emphasized. that the growing role of electronic parliament is now one of the main issues of public policy, it is unwise to ignore electronic signatures and electronic registration provisions. The need for further improvement of the legislation of the Republic of Azerbaijan in terms of regulating public participation in the legislative process is emphasized.

Content and characteristics of parliamentary control over observance of human and citizen rights and liberties, including military personnel

The article explains the content and characterizes the parliamentary control over the observance of the rights and liberties of human and citizen, including military personnel. It is determined that parliamentary control over the observance of human and civil rights and liberties in Ukraine is provided by the Ukrainian Parliament Commissioner for Human Rights. The study analyzes the emergence of such an institution in the world and Ukraine. The goal of parliamentary control over the observance of the rights and and liberties of human citizen has been established. It is determined that the Commissioner can appoint its representatives and states that representatives from different directions and specific issues, as well as regional representative offices, operate in Ukraine. It is proposed to expand specialized representative offices in order to strengthen the protection of certain social groups. Attention is focused on the fact that the introduction of a representative of the Human Rights Ombudsman in the system of security and defense and procedural rights is important and relevant. However, it is noted that such representation provides for the implementation of parliamentary control in two different areas of legal regulation, and also includes a very wide range of control over the subjects of the security and defense sector. At the same time, it is certified that over the past two years, the number of applications of military to the Commissioner has decreased significantly. It is proposed to create a representative office of the Commissioner for the Protection of the Rights of Military Personnel in order to properly ensure the effective protection of this category of people following the example of the functioning of military ombudsmen in foreign countries. The analysis of instruments, methods and acts of response, including: the right to accept appeals and open proceedings in the case; submit annual and special reports, as well as constitutional submission to the Constitutional Court and submissions to public authorities and other government bodies and officials. However, it is noted that the legislation of Ukraine has shortcomings affecting the activities of the Ombudsman, namely that the response acts are advisory in nature and do not determine the legal consequences of the response. In addition, the opinion on granting the Ukrainian Parliament Commissioner for Human Rights the right of legislative initiative was supported. Based on the study of the problem raised, it was concluded that the Ombudsman's institution is an important mechanism for protecting the violated rights and liberties of human and citizen, including military personnel, at the same time it has a number of shortcomings and problematic issues and needs further study and improvement.

Prospects for the Development of Legislative Activities Prosecutor’s Office of the Russian Federation

In the article, on the basis of changes in the normative regulation of the law-making activities of the prosecutor’s office, the trend of expanding the practice of initiative development of bills by the prosecutor’s office is analyzed. Possible negative aspects of this trend are predicted. One of them is that, exercising the right of legislative initiative, the prosecutors of the constituent entities of the Russian Federation may call into question their independence, objectivity and impartiality in the future supervision over the implementation of the law adopted on their initiative. The negative aspect of this trend is that it can lead to the diversion of the already limited human resources of the prosecutor’s office from solving their key tasks. The professional qualities necessary for specialists to carry out legislative work are highlighted. It is noted, in particular, the need for a high level of qualification of these specialists in those areas and areas of public relations that are included in the subject of regulation of the bill being developed. The correlation between the legislative activity of the prosecutor’s office and the implementation of the principle of non-interference in the operational and economic activities of supervised objects in the prosecutor’s activity is analyzed.

Prospects for consolidation of civil and expert participation in the legislative process at the regional level

In this article, the author analyzes the variety of lists of subjects of the right of legislative initiative in the Russian regions. The author conducts an analysis of the constitutions (charters) of all regions of the Russian Federation, uses formal legal and comparative methods. According to the results of the study, the author notes that at the regional level, the right of legislative initiative is granted to 46 categories of subjects, which are classified into 4 groups: 1) state authorities and officials; 2) local self-government bodies and their associations; 3) judicial authorities and prosecutor's offices; 4) citizens and public associations. The latter group reflects representatives of the civil and expert community and includes 13 categories of subjects. Based on the results of the analysis of scientific works, generalization of the emerging legal practice, the author proposed the concepts of "civil participation in the law-making (legislative) process" and "expert participation in the law-making (legislative) process". Summarizing the Russian and foreign experience of civil and expert participation in the legislative process, the author confirms that citizens easily support ideas for changing legislation (vote for them), but at the same time have difficulties in converting such ideas into draft laws. With this in mind, in order to increase the professionalism of the preparation of the bill and the openness of its discussion, the author proposed a two-stage model of civil and expert participation in the legislative process, which involves: 1) at the first stage, the development, taking into account the real needs of the draft law, carried out on the principle of professionalism, by representatives of the expert community and (or) public associations; 2) at the second stage, a public discussion of the draft law developed in order to obtain the support of citizens. The author focuses on the need to implement a public discussion of the bill using digital technologies.

ПЕРСПЕКТИВИ РОЗВИТКУ ВИЩОЇ РАДИ ПРАВОСУДДЯ: ФУНКЦІОНАЛЬНИЙ АСПЕКТ

Like any institution, the High Council of Justice (HCJ) develops in accordance with the conditions of social and state life. Its functions, structure, conditions of interaction with other subjects, etc. are developing. Therefore, the question of the perspective of its development always attracts attention. The purpose of the article is a systematic analysis of the functional aspect of the HCJ status regarding the assessment of the prospects for its improvement. First of all, emphasis is placed on the fact that a specific model of the judicial council has historically been formed in Ukraine. It is personified by two bodies – the High Court of Ukraine and the High Qualification Commission of Judges of Ukraine (HQCJ). This determines the relevant features of both the functional development of the HCJ and the structure of the judicial authorities, which are responsible for ensuring its activities in the state. The most urgent issue today is the assignment of such areas as the selection and evaluation of judges to the functions of the HCJ. This forms the basis of the activity of the HQCJ and puts the question of its existence on the agenda. The author pays special attention to the functional development of HCJ in the context of its interaction with the National School of Judges of Ukraine (NSJ) and the State Judicial Administration of Ukraine (SJA). In particular, it is stated that the norms of the current legislation do not provide an opportunity to talk about the existence of a legislative basis for the cooperation of the HCJ and NSJ in the field of judicial training. And this means that these two authorities are only minimally interacting and interconnected as elements of a single judicial power (system) in the state. As for the SJA, it is emphasized the need to correlate and balance its powers with the powers of the HCJ. The prerequisites and possible consequences of the implementation of the idea of granting the HCJ the right of legislative initiative was also analyzed. In the opinion of the author, the HCJ today has a sufficiently diverse toolkit for indirect participation in the law-making process and influence on legislative initiatives, their formation and development in matters that are important for the development and functioning of the judiciary in the state. Therefore, there are currently no sufficient grounds to support such an idea. Finally, it was concluded that the functional development of the HCJ depends on various conditions, first of all, political and economic. They determine the vectors of the development of the judiciary in the state, as well as social development, society’s demand for an independent court, a professional and honest judicial body.

THE RIGHT OF LEGISLATIVE INITIATIVE IN THE SYSTEM OF POWERS OF THE RUSSIAN FEDERATION CONSTITUTIONAL COURT

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.

SCIENTIFIC SPHERE OF THE SOUTHERN REGION AS A REFLECTION OF THE SOCIO-ECONOMIC STATE OF UKRAINE

Topicality. Science is an extremely powerful socio-economic institution, without which industrial production is impossible. Science is closely intertwined with financial flows and due to their volume. But its current state and the state of financial support of scientific research in Ukraine, and including its Southern region, is very problematic. The study proved that this is the main obstacle to the development of science and raising its prestige Economic growth and meeting the needs of society depend on the state and pace of development of science. Only by achieving a high level of science and scientific and technological development will Ukraine be able to take a worthy place in the international arena. Only a deep comprehensive analysis of the state of scientific and technical activities in the country and its regions allows to identify problems that have arisen in the field of science, and to justify ways to overcome them. Aim and tasks. The aim of the article is to determine the place of science in the public life of the country and study its state in the Southern region of Ukraine, as well as to substantiate ways to increase the prestige of science in Ukraine and bring Ukrainian science to the European level. Research results. To determine the ways to bring the science of the Southern region from the existing complex state, the diagnosis of scientific research in terms of their types and regions of the region in the dynamics of five years. The process of introduction and replication of innovative developments is investigated. Statistical analysis of the development of science is supplemented by sociological research. A study of the authority of Ukrainian science in the world. Indicators of countries where science takes good care of the state and feels comfortable are considered. Substantiated conclusions are made and ways to overcome the critical state of the scientific sphere in the Southern region and Ukraine as a whole are identified. Conclusions. Science, as the engine of the socio-economic movement in Ukraine, must become a national value. This requires reforms and intensification of the work of the National Academy of Sciences of Ukraine, which may bring the time closer when the decline of scientific research will stop; a break in understanding the role of science in society, when it will not be treated in a way that can be left unsupported for years; changing the status of the renewed National Academy of Sciences, giving it the right of legislative initiative and the official return of the leading role in the scientific and technological revolution while preserving academic freedoms, self-government and democracy in work. Without a state that will lend a shoulder to scientists to successfully deal with all the internal problems of our science, especially its unclaimed, there is no chance to change the existing situation.

The Right of Regional Legislative Initiative of Local Self-Government Bodies: Content and Implementation Features (On the Example of the Novosibirsk Region)

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.

THE PRESIDENT’S POWERS OF THE REPUBLIC OF POLAND IN RELATIONS WITH THE PARLIAMENT

The article is devoted to the research of the President’s powers of the Republic of Poland in relations with the Sejm and the Senate as the chambers of the Polish Parliament. The main approaches to defining the specific President’s powers in the Polish constitutional doctrine, the Constitution and current legislation are described. The dominant doctrinal classification of the President’s powers of the Republic of Poland in relation to the Sejm and the Senate is given; the separate parts, such as powers related to setting elections and convening the first meeting of the Sejm and the Senate; powers related to the Sejm term reduction; powers in the legislative sphere, as well as the opportunity to appeal to the Sejm the Senate or the National Assembly with a message, are highlighted due to the classification. The scientific position is argued, according to which the President’s powers of the Republic of Poland that are related to setting the elections and convening the first session of the Sejm and the Senate influence on the Polish Parliament work, but do not play a significant role, because they have a procedural (organizational and technical) character. At the same time, it is stated that, the opportunity to influence on the period, over which the parliament can carry out its activities, and the terms of its powers is undoubtedly an important power in contrast to procedural rights. It is emphasized that the scope of the President’s powers of the Republic of Poland in the legislative sphere is quite wide and includes the right of legislative initiative, the right of suspensive veto, as well as the opportunity to appeal to the Constitutional Tribunal on the approved law constitutionality. It is concluded that due to the President’s obligation on signing a law, which constitutionality to the Main Law is certified by the Constitutional Tribunal, the requirement to certify it by the head of state represents only as a political safeguard, especially in the context of total implementation of EU systemic decisions into the national legal system of Poland. The special attention is paid to the opportunity of the President of the Republic of Poland to appeal to the Sejm, the Senate or the National Assembly with a message as an effective tool for bringing his position on a particular issue within the mechanism of proper cooperation between authorities.

LEGISLATIVE FUNCTION OF THE COMMISSIONER FOR HUMAN RIGHTS IN RUSSIA

The purpose of the study. In this article, based on the analysis of constitutional and legal provisions and theoretical sources, the law-making function of the Commissioner for Human Rights in Russia is considered. The purpose of the study was to identify the content of the legislative function of the Ombudsman, as well as to develop proposals and recommendations aimed at modernizing the constitutional and legal regulation of the designated function of the Commissioner. Conclusions. In the course of the study, it is concluded that it is advisable to give the right of legislative initiative to those commissioners who are appointed by legislative (representative) bodies at both the federal and regional levels, regardless of whether they perform the functions of “general competence” or belong to specialized ombudsmen. It is noted that the function of the Ombudsman to improve legislation (legislative function) in the field of human rights is important in the process of eliminating shortcomings and gaps in existing legislative acts and bringing them into line with international standards.