Subject Of Legal Regulation Research Articles

Эмиссия как элемент правового регулирования финансов

The article examines the dramatic changes in the role of monetary emission that have occurred in recent decades as a result of economic reforms. A formerly attributive institution forms the entire financial system and gives substance to it. These changes have not yet been reflected in the theory of financial law, a mechanism for legal regulation of monetary issue has not been developed. The proposals put forward are designed to draw the attention of legal scholars to monetary emission as a subject of legal regulation and, above all, to intensify the scientific discussion. According to the author, all the emission control tools currently used in the manual mode need serious legal regulation and theoretical understanding.

Disputable issues regarding the systematisation of bylaws and regulations

The article deals with the issue of systematisation of by-laws and regulations resulting from the adoption of the Law of Ukraine “On Lawmaking”. It is noted that the adoption of the Law of Ukraine “On Lawmaking” has not fundamentally solved the problem of streamlining of regulatory legal acts. The unresolved nature of a wide range of issues related to the systematisation of legislation gives rise, in particular, to many debatable issues, such as: clarifying the admissibility and expediency of codification of bylaws and regulations; determining and regulating the most optimal forms of systematisation of bylaws and regulations, and the role and possibilities of consolidation as a form of systematisation of bylaws and regulations. Based on the analysis of the Law of Ukraine “On Lawmaking”, the article determines that the legislator, firstly, has not proposed a definition of codification as a form of lawmaking, and secondly, has not classified the types of codification by their legal force. Thus, the question of the potential existence of codification bylaws in the context of the Law of Ukraine “On Lawmaking” is left unsolved. Instead, the practice of subordinate legislation confirms the regularity of the existence of codification subordinate acts in the structure of the legislative system. The authors point out that the main form of subordinate legislation is resolutions of the Cabinet of Ministers of Ukraine. It is noted that the existing theoretical developments and foreign experience of regulating both formal and informal incorporation indicate that it is inexpedient to introduce it in Ukraine through amendments to the Law of Ukraine “On Lawmaking”, since incorporation does not have the features of lawmaking at all, and therefore it cannot be the subject of legal regulation by the Law on Laws. It is emphasised that, given the current doctrinal understanding of the peculiarities of alternative codifications of by-laws and regulations in Ukraine, it would be advisable to adopt a separate legal act (at the level of a resolution of the Cabinet of Ministers of Ukraine) which would regulate the rules for systematisation of by-laws and regulations in the system of executive authorities, based on the Law of Ukraine “On Lawmaking”. It is concluded that the issue of the subjective composition of public authorities with regard to the specific forms of systematisation of by-laws and regulations requires normative and doctrinal certainty, given the consolidation of legislation.

Procedure for coordination of legislative norms of financial and tax law within the framework of public law regulation

The article explores the peculiarities of harmonizing legislative norms of financial and tax law within the framework of public legal regulation. It is established that the norms of financial and tax law shape the rules for managing the financial system and taxation, contributing to a balance between the state’s needs for financial resources and the preservation of economic stability for citizens and businesses. The demarcation of norms of financial and tax law by the subject of regulation is characterized, emphasizing the common method of legal regulation. It is determined that the norms of financial law regulate budgeting, financial planning, state debt, financial accounting, financial stability, and additional sources of funding. Norms of tax law cover tax rates, tax incentives, tax accounting and reporting, and combating tax evasion. It is noted that due to the common features and subject of legal regulation, conflicts arise between the norms of financial and tax law. It is established that the public legal regulation of conflicts between the norms of financial and tax law involves a systematic and organized process aimed at harmonizing legislative norms and resolving conflicts through the activities of the executive authorities of Ukraine. The competencies of central executive authorities that contribute to the harmonization of norms of financial and tax law are characterized. It is determined that the Cabinet of Ministers of Ukraine, the Ministry of Finance, the State Tax Service, the Ministry of Justice, and the National Bank of Ukraine play a key role in resolving conflicts and coordinating strategies in the financial and tax sectors. It is noted that central executive authorities coordinate and cooperate for systematic conflict management and the achievement of harmony in financial and tax legislation. The efficiency of harmonizing norms of financial and tax law is ensured by creating an Interdepartmental Committee, conducting consultations and discussions, as well as adopting and implementing harmonized subordinate legislative acts. Attention is drawn to the fact that the effectiveness of harmonizing norms of financial and tax law is determined by the efficiency of the procedure for developing harmonized subordinate legislative acts conducted by central executive authorities.

Legal responsibility in agricultural relations

In modern conditions of modernization of state agricultural policy, the role of agricultural law, subject of legal regulation, protection of the interests of the entities of agricultural sector, and ensuring food security of the republic is increasing. The goal is to study the features of agricultural legal relations, identifying main problems associated with the application of legal liability. Analysis of the state, use of rules and norms of agricultural legislation and development of measures aimed to support, stimulate, and protect the rights of agricultural producers in Kazakhstan. The methods are based on materials from domestic and foreign scientists, scientific publications, and changes in legislative regulations. A comparative analysis and assessment of legal relations in agro-industrial production were used. Results - the state of affairs is considered and important issues of application of legal responsibility in the context of lawful actions and its features are identified. Various types of violations of legal obligations are analyzed: non-compliance with land use rules, sanitary and hygienic requirements, environmental standards - illegal use of pesticides, abuse of antibiotics in raising livestock, violation of environmental standards that can pollute water or damage the soil. Conclusions - the authors propose a number of effective measures to improve legal behavior in agricultural entities: strengthening control by the state law enforcement agencies, creating more effective punishment mechanisms, increasing awareness of participants in agricultural legal relations, which will prevent unfair practices and will promote conservation of natural resources and environment. Agricultural law presupposes land, property, labor, financial, and management relations in agriculture. This contributes to organizational, production and economic activities of agricultural production entities in accordance with the goals of entrepreneurship in agricultural sector.

Socio-legal monitoring and its importance for identifying and establishing the limits of the scope of legal regulation

At any stage of the development of the state and society, there arises a need to identify the objective necessity for legal regulation of social relations. In addressing this issue, the legislator is confronted with two main challenges: on the one hand, they must avoid artificially expanding the scope of legal regulation, and on the other hand, unnecessarily narrowing it, since both may diminish the regulatory properties of law, thereby negatively affecting its effectiveness. Establishing the limits of legal regulation necessitates the use of various law-making technologies, which include socio-legal monitoring. The objective of this study is to delineate the essence of socio-legal monitoring as an independent law-making technology and a form of legal activity of the same name that enables setting the limits of legal regulation. The methodological basis of the research comprises the universal dialectical-materialistic method, as well as general scientific techniques (analysis, synthesis, induction, deduction, generalization, comparison, and some others) and specific scientific methods (formal legal, comparative legal) of scientific knowledge. Socio-legal monitoring is a law-making technology aimed at analyzing and evaluating the content and form of law-making, interpretation, law enforcement activities, legal provisions, as well as public relations by collecting diverse information in order to enhance the efficiency of legal regulation. This law-making technology forms the basis for implementing the same type of legal activity. The social nature of legal monitoring is determined by the inclusion of social relations (the object of legal regulation) among the objects of monitoring, the analysis of which enables to identify the scope of legal regulation and consolidate it as the subject of legal regulation. In terms of identifying and establishing the limits of the scope of legal regulation, three significant types of socio-legal monitoring can be distinguished. The specifics of each type will determine the place and potential use of this technology, as well as its significance: monitoring of public relations, monitoring of interpretive practice and monitoring of law enforcement practice.

Approaches to Determining the Law of a Constituent Entity of the Russian Federation That Establishes Regional Tax Exemptions: The Experience of the Siberian Federal District

The article notes that when the state authorities of the constituent entities of the Russian Federation exercise the powers to establish tax exemptions for regional taxes they are significantly limited by the provisions of federal legislation. The Tax Code of the Russian Federation establishes an exhaustive list of powers of regional authorities, but in terms of exemptions for regional taxes, it provides the constituent entities of the Russian Federation with the opportunity to determine independently the list of taxpayers and the amount of exemptions. At the same time, the form of the legal act is predetermined (the law of the subject of the Russian Federation), but the region has a choice of their number and subject of legal regulation. A comparative analysis showed that the constituent entities of the Russian Federation included in the Siberian Federal District use different approaches. In most of them, exemptions are established in several laws, each of which is dedicated to a separate regional tax. At the same time, there is an example of the establishment of tax exemptions by a single tax law. There are also examples of the introduction of additional tax exemptions for certain categories of taxpayers by independent regional laws, along with general tax exemptions established by the law on a specific tax. The author concludes that all indicated approaches do not contradict federal tax legislation. It is noted that earlier in the regions there was a practice of regulating the procedure for making a decision on the introduction of tax exemptions by separate laws, but today this issue is being resolved by assessing their effectiveness and is regulated at the by-law level, which does not contradict the procedure for establishing and introducing tax exemptions. Finally, it was concluded that a meaningful analysis of various approaches to establishing tax exemptions in the regions included in the Siberian Federal District did not reveal differences in the issue of internal systematization of tax exemptions, since they are set separately for each tax. However, in some regions there has been a tendency to systematize tax exemptions by categories of taxpayers. The use of various approaches is due to the goals of regional legal regulation and does not exclude further systematization of tax exemptions.

The issue of legal regulation of administrative procedures on the example of foreign countries

The article deals with the issue of legal regulation of administrative procedures on the example of foreign countries. The standards of the administrative procedure regarding the adoption of administrative decisions, i.e. decisions of public administration bodies, which concern the rights and obligations of individuals and legal entities, are considered. The content and peculiarities of legal regulation of administrative procedures in foreign countries, the scope and subject of legal regulation through the prism of the legislation of foreign countries on administrative procedures are outlined. Various approaches to determining the scope, content and methods of its legal regulation are analyzed.
 Attention is focused on the specifics of managerial activity, which must take effective measures in a timely manner in a wide variety of situations, forming the boundaries and restrictions necessary in the rule of law. The types of entities to which administrative procedures apply have been considered.
 The rights and obligations of administrative bodies regarding the preparation and adoption of an administrative decision are defined. Features of appeals by individuals and legal entities, definition of sub-agency category of cases are outlined. The types of decisions made by the administrative body are classified. Emphasis is placed on informing persons whose interests may be affected by an administrative act.
 The grounds for removing officials considered biased are outlined. The rights of citizens participating in the administrative procedure are considered separately.

Rough Edges of the Status of a Foreign Agent. Problems of Legislative Regulation

The Institute of Foreign Agents has gained particular importance in modern Russian legal reality. The adoption of the new federal law contributed to the unification of the regulation of this institution, but the current legislation needs in-depth study. The article is devoted to the legal understanding of the status of a foreign agent - a domestic short story in the constitutional model of rights and freedoms. It was established that the legal regulation of the status of a foreign agent meets the constitutionally significant goals of protecting the foundations of the constitutional system, rights and freedoms, and ensuring the security of the state. The need for legislative consolidation of this institution in Russia corresponds to the evolution of public-political relations. Based on the conducted comparative legal analysis of foreign experience, the contours of the legal model for securing such status in Russia are defined, the problems of the status of a foreign agent as a subject of legal regulation are identified. The authors consider the status of persons affiliated with foreign agents, their role in relation to foreign agents. An analysis of the norms of administrative and criminal legislation regulating legal relations, which arise in violation of legal instructions established for foreign agents is carried out. Based on the results of the scientific study, practical recommendations are proposed for improving and modernizing domestic legislation on foreign agents.

On the question of legal regulation of administrative procedures on the example of foreign countries

The article deals with the issue of legal regulation of administrative procedures on the example of foreign countries. The standards of the administrative procedure regarding the adoption of administrative decisions, i.e. decisions of public administration bodies, which concern the rights and obligations of individuals and legal entities, are considered. The content and features of legal regulation of administrative procedures in foreign countries, the scope and subject of legal regulation through the prism of the legislation of foreign countries on administrative procedures are outlined. Various approaches to determining the scope, content and methods of its legal regulation are analyzed.
 Attention is focused on the specifics of managerial activity, which must take effective measures in a timely manner in a wide variety of situations, forming the boundaries and restrictions necessary in the rule of law. The types of entities to which administrative procedures apply have been considered.
 The rights and obligations of administrative bodies regarding the preparation and adoption of an administrative decision are defined. Features of appeals by individuals and legal entities, definition of sub-agency category of cases are outlined. The types of decisions made by the administrative body are classified. Emphasis is placed on informing persons whose interests may be affected by an administrative act.
 The grounds for removing officials considered biased are outlined. The rights of citizens participating in the administrative procedure are considered separately.

INTERACTION OF INTELLECTUAL PROPERTY LAW WITH BRANCHES OF PRIVATE LAW

In this article, a study is conducted on the interaction of intellectual property law with branches of private law. In particular, the interaction of intellectual property law with civil law is substantiated. Intellectual property law acts as a sub-branch of civil law, respectively, the subject of legal regulation also consists of property and personal non-property relations that develop with respect to intellectual property objects. In turn, the exclusive right to intellectual property belongs to the category of property rights, and as a subjective right is one of the objects of civil rights. Some provisions of the article are devoted to the analysis of intellectual property rights with the institute of non-contractual obligations. Often, the creation of intellectual property objects is the subject of competitive obligations, and copyright holders may be harmed as a result of torts. Exclusive rights also act as the subject of inheritance and inheritance law, exclusive rights can be the subject of hereditary legal relations, which is also reflected in the content of the article. The issues of interaction of intellectual property law with private international law are touched upon, since intellectual property law is one of the institutions of private international law, which provides for conflict-of-laws regulation of relations complicated by a foreign element [1]. The uniqueness of intellectual property rights is also manifested in connection with labor law, since the subject of interaction is relations regarding official works and inventions, which, as a rule, are determined by an employment contract, but require compliance with special legislation of the Republic of Kazakhstan [1]. The article analyzes the interaction of intellectual property law with family law, since exclusive rights and intellectual property objects, being property, can be the subject of family legal relations.

Категория «частноправовой механизм защиты права»: эвристический потенциал использования в цивилистической теории и практике

The article discusses the genesis of the metaphorical category of “mechanism” in relation to the protection of civil rights. The natural character of the appearance of this category in the arsenal of the methodology of civilis-tics, due to the property of metaphorical legal consciousness is demonstrated. The heuristic potential of the category “mechanism” at its instrumental use in private law sciences is revealed, due to the fact that it initially assumes a plurality of interpretations and thus is already adapted to the conceptualization of any empirical ma-terial that needs a new comprehension from the point of view of de lege ferenda, with the subsequent for-mation of enforcement practice; it allows to build more clearly the inter-branch relations and structure the legal regulation as a whole – both at the national and interstate level; contributes to a more reliable testing of any new tools that are gradually introduced into the legal system in connection with the emergence of new realities, the concepts of regulation of which have not yet been fully formed. It is concluded that the category “private law mechanism of law protection” emphasizes the dialectical unity of static and dynamic aspects of legal regula-tion, as well as provides the genesis of a new subject of legal regulation, objectively inevitable in the rapidly changing post-industrial society.

ДО ПИТАННЯ ПРО ВИЗНАЧЕННЯ ОБ’ЄКТНОПРЕДМЕТНОГО СКЛАДУ ЕКОЛОГІЧНОГО КОНСТИТУЦІОНАЛІЗМУ

The article examines the theoretical issues and problems of defining the object-subject composition of ecological constitutionalism, as an actual, qualitatively new phenomenon of international legal life and national constitutional-legal reality, systemic and complex phenomenology, which is the result of an integrative and synthetic combination of various factors-tendencies of national constitutional and international legal regulation in conditions of legal globalization. Such an approach is seen as a rather difficult task within the limits of both the modern theory of constitutional law and the modern theory of international law, which operates with a number of new concepts and definitions that indicatively and identifiably reflect the latest trends in state and international development - "human rights in their national and international measurement" , "international legal standards of human rights and freedoms", "global legal trends - trends of state and international development", "soft law", "fundamental principles of international public law and the expansion of their number", "dichotomy of local and global development", finally, "constitutionalization of international law and internationalization of the constitutional legal order of states." It is noted that this is determined, first of all, by powerful horizontal-vertical connections of a managerial nature that arise within the state and its society, functioning in the conditions of global constitutionalism, that is, in the conditions of the presence of general methodological approaches, principles and norms, management paradigms that determine the prospects for the general and further development of the fundamental subjects of general international law, as well as the same functional and methodological approaches to the implementation of domestic and international legal activities of public authorities in relation to the fundamental dominants of the development of statehood - the priority of human rights over the rights of the state, recognition of human rights as fundamental indicators democratic activity of the state and the international community, the principle of the rule of law as the fundamental basis of the connection of the state and its public authority by law, etc. It is proved that solving the question of determining the object-subject composition of ecological constitutionalism is characterized by a number of methodological difficulties. These include, first of all, the issue of clear understanding, interpretation and identification of the categories "object of legal regulation" and "subject of legal regulation". It is also complicated by the innovative and synthetic nature of environmental constitutionalism, which is independently determined by international legal institutions on the basis of relevant identification features. Taking into account the system-complex nature of profile phenomenology, its object is a set of social relations related to the protection and protection of the environment, as well as the rights of a person to the environment, which has an appropriate and safe condition for his life activities. The subject of legal regulation of environmental constitutionalism is social relations that are directly or indirectly related to the environment. Based on the fact that the environment is the fundamental natural space of human life, such relations can be characterized as global, but with the obligatory local, local-regional, regional, state-wide, interstate, macro-regional, global understanding, measured and implemented.

Правотворческий краудсорсинг и его значение для установления пределов правового регулирования

Abstract: the digitalisation of the processes of modern life contributes to the emergence of new lawmaking technologies aimed at defining the scope of legal regulation and establishing its limits. The use of crowdsourcing in law-making activities makes it possible to correlate the positions of society and the state regarding the possibility and necessity of regulating certain social relations. The purpose of the study: to reveal the essence of law-making crowdsourcing as an independent lawmaking technology, to determine its significance for establishing the limits of legal regulation. Research methods: general scientific methods and methods of cognition (systemic, analysis, synthesis, induction, deduction, generalisation, comparison, etc.) and special scientific methods (formal legal, comparative legal). Results: Law-making crowdsourcing is a new technology and one of the deliberative procedures aimed at optimising the establishment of the scope of legal regulation and fixing it as a subject of legal regulation. There are three main types of law-making crowdsourcing, depending on the objectives and content pursued: crowdsourcing of issues, crowdsourcing of ideas, and crowdsourcing of draft legislation. Certain conditions need to be taken into account in order for crowdsourcing to produce the desired results and improve the effectiveness of legal regulation, as well as problems and shortcomings due to both the specificity of the technology and peculiarities of the public consciousness.

Features of Investment Legal Relations in the Sphere of Use of Fauna

In this scientific article author revealed a general study of the features of investment relations in the sphere of the use of fauna as a subject of legal regulation. During the process of studying the norms of current legislation and the doctrine of law, author concluded the distinctive features ofinvestment relations in the sphere of the use of fauna, and author focused on the peculiarities of their legal regulation due to their diverse affiliation.

LAW OBJECTIVES AND GOALS OF THE ADMINISTRATIVE LAW OF UKRAINE

The article defines the goals of administrative law and describes them. It has been established that goal setting as a method of researching legal phenomena helps, firstly, to find out the orientations of legal regulation of law and its elements (branches, legal institutions, legal norms), and secondly, to determine the effectiveness of legal regulation, comparing with each other goals and results of legal regulation. At the same time, law is a multi-level system in which each level has its own specific set of goals determined by the subject of legal regulation. Established, goal setting helps to reveal the interdependence of the goals of legal regulation and the results of legal implementation. It was found that in scientific sources, administrative law was studied as an element of the legal system of Ukraine, as a systemic phenomenon, as a functional legal phenomenon, however, there are almost no publications dedicated to the goals of administrative law and its elements. In view of this, the study of goal setting in law and the goal of administrative law is considered relevant for the development of legal doctrine in Ukraine. It is proven that administrative law, as a branch of Ukrainian law, pursues the following basic goals: regulation of social relations, which are determined by the object and subject of administrative-legal regulation; protection of administrative legal relations and legal relations of other branches of Ukrainian law; consolidation of administrative proceedings regarding the implementation of material norms of administrative law. It was concluded that administrative law, as a branch of public law, has the following goals: consolidation of the mechanism of building a system of public administration bodies and the foundations of its functioning, the main duty of which is to affirm and ensure human rights and freedoms; establishment of legal standards for the organization of public service, which contribute to ensuring and realizing the rights and freedoms of a person and a citizen; establishment of legal standards for implementation of management procedures and management activities; establishment of legal standards for the implementation of law-making procedures regarding the issuance by subjects of public administration of bylaws; establishment of legal standards for the implementation of administrative procedures and public service activities; establishment of legal standards for the implementation of control activities by subjects of public administration; establishment of legal standards for law enforcement activities of public administration entities; establishment of methods and mechanisms of administrative-legal protection of violated rights and freedoms of a person in the public-legal sphere.

Objective Limits of the Institution of Punishment in the Context of the General Theory of Law

The paper is devoted to the examination of a general theoretical problem concerning understanding of the limits of the legal institution of punishment. The paper defines that from ancient times and the first sources of law to the present, punishments have been improved implementing their potential as means of intimidation, manipulation, elimination of harm, achieving justice and many other functions, striving for systematization. The study describes general patterns of the formation of the system of punishment. The author relies on the fact that the complex of legal norms, containing punishments as sanctions and elements of illicit acts as their hypothesys, constitute an independent intersectoral institution of punishment. The limits of the punishment show the degree of permissible interference of legal norms in the system of public relations, the limits of administrative (judicial) discretion, the limits of official interpretation of legal norms and systematization of legislation and improvement of law enforcement methods. Based on the analysis of doctrinal sources and jurisprudence, the author substantiates that the limits of the institution of punishment can be subjective (directly dependent on the will and actions of people, their associations, as well as on specific social relations associated with the subject of legal regulation) and objective (not related to subjective and implementing the true socio-legal purpose of punishment and related to the sphere of legal regulation). The author classifies and defines socially significant legal circumstances to be taken into account when establishing the objective limits of the institution of punishment. The conclusions are formulated.

Negotiorum gestio - rimski temelji nezvanog vršenja tuđih poslova u srpskom građanskom pravu

Negotiorum gestio is a legal institute that originates from Roman law. It still exists today and in the legal literature we find a term that defines it as: the unauthorized performance of another's affairs, i.e., agency without authority. The institute of negotiorum gestio has been continuously used and is the subject of legal regulation in most countries of the continental, European legal systems, including the law of the Republic of Serbia, for more than two millennia. The aim of this paper is to compare the solutions from Roman and contemporary law of obligations using the normative, descriptive, comparative and analytical-synthetic scientific methods. The paper is divided into three parts: the first part, which deals with the Roman understanding of the negotiorum gestio institute, the second part, which presents the current solutions regarding this institute contained in the Law of Contract and Torts of the Republic of Serbia, and the third part, which, using a comparative and the historical method, draws conclusions about whether current solutions contained in contemporary law are better than those that were applied in the ancient period.

Regionalism and regionalization: problems and prospects in law

In the article of the spatial development of the state is based on the institutional meaning and significance of the region as the original polysystemic category of science and legislation. In the subject of legal regulation, the concept of a region is revealed in the structural connection of economics, jurisprudence, and sociology. The study of regional development involves clarifying the relationship between the concepts of “regionalism” and ‘regionalization”. In the concept of the author’s understanding, it is the identification basis of the region, and regionalization is the practical transformation of public authority. Based on this, the author proposes approaches to the categorization of regionalism and regionalization in the conceptual apparatus of modern jurisprudence.

ПРОБЛЕМНІ ПИТАННЯ ВСТАНОВЛЕННЯ (ЗМІНИ) МЕЖ ОБЛАСТЕЙ

The article is devoted to study of doctrinal and regulatory sources on procedure for establishing and changing boundaries of region. To this end, the existing doctrinal provisions on the history of legal regulation of this issue and the constitutional and legal status of region were analyzed, as well as the normative-legal acts of Soviet legislation and Ukraine in this subject of legal regulation were elaborated. It was stated that in practice the Verkhovna Rada of the Ukrainian Soviet Socialist Republic regional boundaries were never established, but only changed by the relocation of territories of other administrative and territorial units located on the outskirts of the region. It is considered that the Basic Law of Ukraine does not provide for the procedure for formation and elimination of regions, their name and renaming, as well as the establishment (changes) of their boundaries, which limits the legal personality of the region as a subject of constitutional and legal relations. It is argued that the existing procedure for determining the borders of region by establishing (changing) boundaries of other, located on its outskirts, administrative-territorial units and territories of territorial communities leads to the coincidence of their boundaries, which have different legal status and functions. Proposals for amendments to the Constitution of Ukraine, the Land Code of Ukraine and other normative legal acts in the part of the introduction of the order of establishing (changes) of boundaries of the region are formulated.

Kontrola parlamentarna rządu w systemach ustrojowych II Rzeczypospolitej w dyskursie polskiej doktryny przedwojennej i współczesnej

The Second Republic of Poland implemented in the first years of independence a significant part of the achievements of Western European parliamentarism with regard to the control function of the executive (government). While in the West the parliament’s powers of scrutiny over the government were mostly subject to regulation by ordinary law, in Poland and other states revived or established in Europe after World War I, the bulk of them became the subject of legal regulation at the level of constitutions, ordinary laws and/or parliamentary rules of procedure. In Poland, law and customs shaped through parliamentary practice played a relatively large role in this regard. During the Second Republic, there were three consecutive constitutional systems in force – the so-called Little Constitution of 1919, the March Constitution of 1921. (since December 1922) and the April Constitution of 1935.The control of the government by parliament was developed to the fullest extent during the period of so-called parliamentary rule, i.e. in the years 1919–1926. After the May coup began, visible mainly in the area of political and parliamentary practice, the process of gradual reduction of the control function of parliament, which found its final legal definition in the provisions of the Basic Law of April 1935. The control function of parliament was exercised at first by the Legislative Sejm, and then, from the end of 1922, by the Sejm and the Senate (the latter to a relatively modest extent). With regard to the criterion of the timing of control activities, parliamentary control of the government was divided in pre-war doctrine into preliminary and subsequent (follow-up). The post-war doctrine, following the position formulated in German science in the second half of the 19th century, also distinguished current control. Implementation of the parliament’s control function in the Second Republic included a very rich catalog of tools (means) of influencing the government. The pre-war doctrine organized them according to the criterion of the timing of control measures or their expediency. After World War II, based on the systemic criterion, ordinary (plenary debate on government policy, parliamentary inquiries and interpellations) and extended (appointment of stand- ing and extraordinary parliamentary committees with, among other things, controlling or investigative powers) means of control were distinguished, as well as statutory preliminary control (passing the budget, giving consent to the ratification of international agreements and issuing certain administrative acts), which tools are characteristic of parliamentary systems assuming the supremacy of parliament over the government. In another view, the instruments of parliamentary control were divided (on the basis of the March Constitution) into traditional means of control (interpellations, committees of inquiry, discharge, control of state debts, approval of temporary restrictions on civil rights and freedoms) and those arising from the principles of the parliamentary-cabinet form of government (debate on the prime minister’s exposé, asking questions, hearing government representatives in plenary and in committees, passing resolutions), as well as sanctions applied as a result of control (such as holding the government and individual ministers politically and constitutionally accountable). In doctrine and parliamentary practice, the greatest differences of opinion with regard to the characterized issues arose and continue to this day, in addition to systematizing issues, such issues as the scope and tools of preliminary parliamentary control, the control of decree legislation, the scope and effects of parliamentary interpellations and questions, extraordinary committees of inquiry, political and parliamentary and constitutional responsibility of the executive branch.