Right Of Legislative Initiative Research Articles

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.

Features of legal regulation of labor in the member states of the Eurasian Economic Union

In 2015, a new international integration economic association, the Eurasian Economic Union (hereinafter referred to as the EAEU), appeared on the economic and legal map of the world. Each member state of the EAEU, after gaining independence, as a result of the collapse of the USSR, independently formed a legislative framework in the field of labor, developed regulatory legal acts. Differences in the regulatory framework of the EAEU states, in particular, in the field of labor law, and their mutual economic integration, need to be compared in order to develop common principles, unification and harmonization of national legislation. In this regard, the article, based on the analysis of national labor legislation, assessed the prospects for regulating individual and collective labor relations and formulated conclusions on legal approaches to regulating social partnership relations, on the principles of the creation and functioning of trade unions and employers’ associations in the EAEU countries. In particular, the trade unions of the post-Soviet republics that are part of the EAEU have completely lost the right of legislative initiative, which corresponds to global practice. Currently, they can only make proposals for the adoption, amendment of regulations related to their area of competence. The position of trade unions as social partners on the adoption and amendment of labor legislation has ceased to be mandatory, and is often not taken into account by employers and public authorities.

Вопросы ве́дения Верховного Суда Российской Федерации при реализации права законодательной инициативы

The problem. The concept of «issues of reference» is used in the Constitution of the Russian Federation when listing the subjects of the law of legislative initiative in relation to the judiciary. The legislation does not disclose or define this concept, which leads to discussion about its content and, as a result, raises questions about the practical implementation of the separation of powers principle in the legislative process. Aims and objectives of the study: we determined the limitations of the law of legislative initiative of the higher courts of Russia from the point of view the legal grounds for such restrictions, their subjects and legal consequences. Methods: we use both the common scientific methods (e. g. systemic, deductive) as the special-legal methods (formal, dogmatic, state-legal modeling method, comparative legal method etc.). Results: we conclude that «issues of reference» is a special constitutional legal term used in the Constitution of the Russian Federation to describe all functions of the certain branch of power or the public authority. This term in its content is broader than the concepts of «authority», «subjects of jurisdiction» and «jurisdiction». The use of the term «issues of reference» towards the higher courts, as subjects of the right of legislative initiative, does not allow us to assert the constitutional sense of existence various types of legislative initiative right, such as general right and limited (special) right. The practice of exercising the right of legislative initiative by the higher courts, as well as the applying the Procedure Rules of the State Duma of the Russian Federation does not provide for any restrictions on the right of courts to initiate bills. Russian legislation lacks mechanisms for applying the term «issues of reference» as an instrument restricting the constitutional right of the higher courts to participate in the legislative process. Also, such mechanisms are not reflected in the regulatory framework governing the activities of the higher courts. The term «issues of reference», applied to the legislative initiative right of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, does not imply any exemptions from the right to initiate bills given by the Constitution to other entities, but this term is used in the delimitation of legislative functions between the higher courts.

On the peculiarities of the regional lawmaking process

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

К вопросу о праве законодательной инициативы прокурора

This article discusses the problem of the participation of prosecutors in lawmaking activity, it is proposed to amend the current Russian legislation, giving prosecutors the right of legislative initiative.

Qanunvericilik təşəbbüsü məsələsinə dair

The Constitution of the Republic of Azerbaijan reflects all the basic principles that characterize a democratic state system. The fundamental law of our country states that the only source of power is the people, and also that the Republic of Azerbaijan is a democratic and legal state, and state power is based on the principle of separation of powers. It is gratifying to note that in addition to political rights, such as the right to elections and referendum, citizens have other opportunities to participate in the exercise of state power, one of which is the right of legislative initiative of citizens.

Initiatives to revise the Romanian Constitution of 2019. Brief presentation of the Decisions of the Constitutional Court

The study presents the case law of the Constitutional Court in the matter of Romanian Constitutional revision with reference to the legislative proposals examined by the court of constitutional jurisdiction during 2019. We notice a preoccupation of the title holders of the right of legislative initiative in the field of combating corruption through various means. Thus, the authors of the legislative proposals wanted to regulate, at constitutional level, integrity conditions that would apply: to the candidates to be elected in the local public administration bodies, in the Chamber of Deputies, in the Senate and in the position of President of Romania and limit the possibility of regulating/granting collective amnesty and pardon and individual pardon for acts of corruption. At the same time, the purpose of initiating these legislative proposals concerns imposing a limit to regulations by means of emergency ordinances in the field of crimes, punishments and the regime of their enforcement.

Legal Aspects of the Official Introduction of the Bill in the Majilis of the Parliament

In the course of the study, the prerequisite for this period is the period of legislative initiative. The stage of introduction of the bill is the implementation of the right of legislative initiative. The main subject of the legislative initiative is the Government of Kazakhstan, as it needs legal support for economic reform in the course of the reform process in the country and needs to choose the forms and methods of this regulation. The government justifies the adoption of the bill, its consequences and expected results. Right to introduce bills to the Majilis is one of the powers of the government (paragraph 3 of article 66 of the Constitution of Kazakhstan). Summing up, the government's right to introduce draft laws simultaneously means its obligation, since, first, by giving instructions on introducing the draft law to the Parliament; the President exercises legislative powers through the government.

Judicial Legislative Initiative in Constituent Entities of the Russian Federation

The article investigates the legislative initiative of judicial authorities at the level of constituent entities of the Russian Federation. Comparing legislative initiative assigned to the courts under the Constitution of the Russian Federation and constitutions (charters) of subjects of the Russian Federation, the author has come to the conclusion that the content of the right to legislative initiative in the vast majority of constituent entities of the Russian Federation is similar to the content thereof in federal legislation. The author investigates various approaches of constituent entities’ law-makers to granting legislative initiative to judicial bodies. The author singles out peculiarities of assigning judicial initiative not only to the judicial bodies at the level of constituent entities of the Russian Federation (constitutional (statutory, charter) courts), but also to federal courts (courts of general jurisdiction and arbitrazh courts). The author distinguishes the concepts of judicial bodies, presidents of courts and courts presidiums as subjects endowed with the right of legislative initiative. Analyzing the variety of wordings regarding the allocation of judicial authorities, their officials and internal structural units, the author concludes that the right to legislative initiative could be possessed only by the court as a whole. According to the author, some constitutions (charters) of constituent entities of the Russian Federation contain obvious contradiction to federal legislation. However, it is still necessary to empower the courts with the right of legislative initiative at the level of constituent entities of the Russian Federation.

Constitutional Justice in Russia: History and Modern Times

The article examines the process of emergence, formation and development of the constitutional justice institution in Russia. It carries out an analysis of organization and activities of the USSR Constitutional Control Committee, the RSFSR Constitutional Court and the Constitutional Court of the Russian Federation. The authors draw a conclusion of the need of conducting constitutional and legal reforms in Russia, introducing amendments and additions to the Constitution of the Russian Federation. In order to increase efficiency of the constitutional jurisdiction, improving the organization and activity of the Constitutional Court of the Russian Federation, the General Prosecutors Office of the Russian Federation, the Investigation Committee of the Russian Federation, the Executive Office of the Human Rights Commissioner in the Russian Federation, the authors offer proposals of introducing amendments and additions to Articles 104, 125, 129 of the Constitution of the Russian Federation and the Federal Constitutional Law of 21.07.1994 № 1-ФКЗ «On Constitutional Court of the Russian Federation» in terms of authorizing the above-mentioned office-holders with the right of legislative initiative and making inquiries to the Constitutional Court of the Russian Federation. In particular, on issues of constitutionality of the laws, normative legal acts of the supreme bodies of the governmental power and office-holders of the Russian Federation and the entities of the Russian Federation; on solvation of disputes in terms of competence between the supreme bodies of the governmental power and office-holders of the Russian Federation and the entities of the Russian Federation; on violence of citizens constitutional rights. The authors also offer to expand the Article 129 of the Constitution of the Russian Federation up to a separate chapter of the Constitution in which to establish the place in the system of the governmental power the designation, system, structure, principles of organization and activity, the authorities of the prosecutors office bodies, including in the sphere of constitutional jurisdiction.

Obywatelska inicjatywa ustawodawcza w polskim porządku prawnym – próba oceny z perspektywy praktyki parlamentarnej

Celem opracowania jest podjęcie próby przedstawienia oraz oceny regulacji prawnych dotyczących postępowania z obywatelskim projektem ustawy w polskim porządku prawnym z perspektywy praktyki stosowania tej instytucji. Podejmowane zagadnienie ma nie tylko wymiar teoretyczny, ale również kluczowe znaczenie praktyczne, bowiem zainteresowanie tym mechanizmem prawnym wśród obywateli z każdym rokiem jest coraz większe i wpływa na kształt społeczeństwa obywatelskiego. Problem w tym, iż istnieje wiele barier, przepisów utrudniających obywatelom skuteczne korzystanie z przysługującego im konstytucyjnego prawa, począwszy od rejestracji komitetu aż po etap prac parlamentarnych nad projektem. Biorąc to pod uwagę w podsumowaniu zaproponowano kierunki zmian w zakresie obywatelskiej inicjatywy ustawodawczej.

POWERS OF THE PRESIDENT OF THE REPUBLIC IN THE LEGISLATIVE PROCESS

In this article the constitutional powers of the President of the Republic in the legislative process, while acting as a counterweight to the legislature are analyzed: the right of legislative initiative, the promulgation of laws adopted by a referendum and the Seimas and the return of laws passed by the Seimas to the Seimas for reconsideration, as well as the appeal to the Constitutional Court as an influential mean on the legislative process.

REFORMING FORESTRY OF UKRAINE IN THE CONTEXT OF THE DEVELOPMENT OF CIVIL SOCIETY

Основними проблемами неефективності перманентного декларативного реформування лісового господарства України є відсутність національної лісової політики, довготермінової стратегії розвитку галузі, нерозуміння та ігнорування урядовцями глобального і регіонального екосистемного значення лісів. Реформування лісового господарства потрібно розпочинати із створення Національної лісової ради як дорадчого органу при Кабінеті Міністрів України із правом законодавчої ініціативи, прийняття Закону України Про національну лісову політику, розмежування господарських та контрольних функції держави щодо лісів. Необхідно запровадити дієві інструменти реалізації лісової політики, насамперед удосконалити наявний механізм оподаткування збором за спеціальне використання лісових ресурсів, розробити і затвердити методику інтегрального еколого-економічного оцінювання лісових ресурсів та земель, методику справляння плати за користування лісовими ресурсами і землями та розробити концепцію фінансування лісового господарства із врахуванням його регіональної, природної та відомчої специфіки. Реальний прогрес в удосконаленні системи управління лісовим господарством може бути забезпечений тільки за умови формування в Україні структурованого громадянського суспільства, суб'єкти якого спрямовуватимуть діяльність державних інституцій на реалізацію пріоритетів сталого розвитку всіх без винятку галузей національної економіки, зокрема і лісового господарства.

NŪDIENOS TEISĖKŪROS PROCESO REGLAMENTAVIMO LIETUVOJE IR JOS VEIKSMINGUMO SANTYKIS

Straipsnyje analizuojami vykdomosios valdžios teisėkūros veiksmingumo aspektai: paliečiama formos dominavimo prieš turinį problema, socialinio vaidmens įtaka, reglamentuojančių teisės normų didelio skaičiaus įtaka teisėkūros veiksmingumui.

Планирование законотворческой деятельности и его значение в совершенствовании законодательства и законодательного процесса Республики Казахстан

Some issues of lawmaking activity planning in the Republic of Kazakhstan as one of the important components of legislative activity are discussed, and its importance in improving legislation is analyzed in the article. The author pays special attention to the types and stages of the legislative process In the Republic of Kazakhstan. The main problems of planning the legislative activity of the Government and of other subjects of lawmaking are considered. Also the ways to improve the planning of lawmaking activity taking into account the current realities of the development of the legislative process in the Republic of Kazakhstan are proposed. Planning of legislative activities in Kazakhstan needs to be improved and, first of all, by means of increasing the information transparency of planning, the development of forecasting, improving the coordination of planning of subjects of the right of legislative initiative and the development of regulatory support for planning. The issues of application of technologies of legislative forecasting as an obligatory element of lawmaking are separately considered. The conclusion about the role of planning of lawmaking activity in counteraction to the processes of «shadow lobbying» is substantiated. It seems that the implementation of these proposals will ensure an increased role for planning in the country’s legislative process. In the context of the problems studied, the question of the legislative activity of the subjects of the legislative initiative and the subjects of lawmaking has considerable scientific and practical interest. The author reveals a tendency to reduce the lawmaking activity of the deputies of the Parliament against the backdrop of the growing legislative activity of the Government.

Obywatelska inicjatywa ustawodawcza w świetle koncepcji suwerenności narodu. Wybrane zagadnienia

The article is devoted to the right of legislative initiative deriving from the principle of popular sovereignty. The right of legislative initiative is one of the forms of participatory democracy. The popular initiative is regulated by the Art. 118 par. 2 of the Constitution of the Republic of Poland and by the act on exercising rights of legislative initiative by citizens of 24 June, 1999. The right of legislative initiative is exercised by collection of 100 000 signatures with regard to the bill. Once the required number of signatures have been collected, the bill in the form of the right of legislative initiative is filed to the Speaker of the Sejm. The Speaker then processes such a case.

The Right of Legislative Initiative of the Constitutional Court of the Russian Federation (in the context of the principle of "no man is to be judge in his own case")

The article analyzes the legal construction of P. 1 Art. 104 of the RF Constitution that assigns to the Constitutional Court of the Russian Federation the right of legislative initiative on of its Jurisdiction. The paper discusses the narrow and the broad approaches to legal understanding of the term matters of jurisdiction in relation to the Constitutional Court, provides arguments to refute the reasons of the representatives of the narrow approach with regard to the violation of the principle of separation of powers in the realization of the right of legislative initiative of the Constitutional Court of the Russian Federation. The author examines the competence approach to granting the right of legislative initiative and concludes that the Constitutional Court of the Russian Federation is one of the organs of general competence, so it must possess the general (not limited) right of legislative initiative. Thus, a restrictive interpretation of the phrase matters of jurisdiction used in relation to the Constitutional Court of the Russian Federation is incorrect. The article deals with the historical aspect of putting the principle of no man can be judge in his own case into legal practice. The author contests the assertion that implementation of the right of legislative initiative would put the Constitutional Court of the Russian Federation in the position of a judge in its own case. Then the author provides the following arguments: implementation of this right does not guarantee enactment of a draft law with original textual content; a federal organ of constitutionality review in most cases examines the content of the draft law in question taking into account its law enforcement practice rather than its textual flaws; when formulating the conclusions we should rely on a presumption of good faith of judges of Constitutional Court of the Russian Federation, and not vice versa. The study concludes that the fact that the Constitutional Court of the Russian Federation very rarely realizes its subjective right of legislative initiative guaranteed by the Constitution can be explained by political considerations, as well as by the fact that the realization of this right does not amount to main functions of a federal body of constitutionality review. A widespread in the legal science opinion according to which the Constitutional Court of the Russian Federation exercising its right to legislative initiative violates the principle no man can be judge in his own case is based on an extremely broad interpretation of the legal content of the principle, such an interpretation is inconsistent with a provision of the Constitution of Russia which gives the federal organ of constitutionality review the right of legislative initiative.

Achievement of Institutional Balance in Disparity of Competences of the European Union Institutions

Post-Lisbon initiatives to address the democratic deficit that attempted to reach greater institutional balance was not synchronous with overall framework, and coexistent with the provisions reminiscent of the diminished role of the European Parliament in the past. Fostered intergovernmental drift lead to the weakening of the Commission vis-à-vis the Council and the European Parliament. Progressive loss of supranationalism tends to shift at another end of this process, offering loss of viability of the union. This is especially detrimental at the time of challenges which necessitates reinstating the role of the Commission. This can be done by providing the right of legislative initiative to the Parliament, preventing it from further encroachment, and by integration of the Council formed of executives with the executive Commission allowing to reach traditional separation of powers. This can potentially mitigate the intergovernmental drift and turning the union into intergovernmental organization.

Legislative phase of lawmaking as a means of improving of the quality of adopted laws

The article characterizes the author’s lawmaking model, developed on the basis of the generalization of the existing in modern jurisprudence views of scientists-lawyers on the stage nature of the process of lawmaking. Taking into account the socio-legal interpretation of legislative activity in the structure of the model there are two stages: the first is making of the draft law, the second is legislative. Within each stage, the author distinguishes four stages. Making of the draft law stage consists of the knowledge of the legal needs of society and the development of the idea of the draft law; the formation of the concept of the draft law; development of draft law; examination, testing and discussion of the draft law. The legislative stage consists of the realization of the right of legislative initiative; consideration of the bill in the legislative body; the adoption of the law; the signing and publication of the law. The value of making of the draft law stage to improve the quality of adopted laws is explained and a detailed description of its stages is given.