Analytical notes


27 July 2023
17:41

Abstract. The analytical note on comparative legislation on career stability guarantees for parliamentary servants was prepared in connection with the consideration by the Verkhovna Rada of Ukraine of the Draft Law of Ukraine «On parliamentary service» (No. 4530 dated 21.12.2020), which is expected to define the paculiarities of legal regulation of parliamentary service and the legal status of parliamentary servants

The analytical note is based on the responses received from the parliaments (chambers of parliaments) – members of the interparliamentary information network «European Centre for Parliamentary Research and Documentation», to the request submitted at the initiative of the Research Service of the Verkhovna Rada of Ukraine.

Key words: parliamentary servants, parliamentary service, termination of powers, resignation, dismissal.

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06/2023

27 July 2023
17:36

Abstract. In the analitical note examines the existing forms and mechanisms of parliamentary control over the Government in Ukraine and in foreign countries in a comparative perspective. The experience of such European countries as: Poland, Lithuania, Latvia, Estonia, France, Portugal, Spain, Germany, Czech Republic, etc. Special attention is paid to the interpellation institution.

Key words: parliamentarism, parliamentary control, governmental responsibility, parliamentary requests, interpellations.

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06/2023

10 July 2023
17:45

Abstract. In the analytical note the existing forms of local democracy and mechanisms of their legal regulation in Ukraine and foreign countries were examined in a comparative perspective; were examined the issue of adoption of the statutes of territorial communities in the context of the draft law «On amendments to the Law of Ukraine «On local self-government in Ukraine» and other legislative acts of Ukraine on democracy at the level of local self-government» (No. 7283 dated 13.04.2022). The experience of developed democracies is analysed.

Key words: local democracy, democracy, local self-government, territorial community, statute of a territorial community.

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06/2023

26 June 2023
17:49

Abstract. In the analytical note a comparative analysis of the legislation of foreign countries on the establishment of rules of behavior for MPs’ was carried out. International standards, acts of the European Parliament, as well as legislation of such countries as the United Kingdom, Germany, Austria, and Latvia were researched.

In the research has concluded that all states consider the rules of behavior for MPs’ as an important component of their legal status and implement the relevant rules both at the constitutional level, a special law on the status of MPs’ or parliamentary rules of procedure, or at the level of a separate act - the Code of Behavior for MPs’, which may be an a schedule to the rules of procedure or a separate document.

Key words: MPs’ ethics, rules of behavior for MPs’, MPs’ status, professional standards.

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05/2023

19 June 2023
17:52

Abstract. The analytical note was prepared in connection with the consideration by the Verkhovna Rada of Ukraine of the draft Law of Ukraine «On parliamentary service» No. 4530 dated 21.12.2020, which is intended to define the peculiarities of legal regulation of parliamentary service and the legal status of parliamentary servants. A comparative analysis of foreign legislation on resignation as a special type of termination of powers of a parliamentary servant was carried out. The legislation of Albania, Denmark, Spain, Norway, Sweden, Lithuania, Poland, Finland, Romania, Slovakia, Switzerland, and EU acts were researched.

Key words: parliamentary service, state service, parliamentary employee, resignation, dismissal, notice of resignation.

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05/2023

16 June 2023
17:34

Abstract. The comparative analysis and generalization of the legislation of foreign countries on the peculiarities of the establishment and activity of independent fiscal institutions, parliamentary budget offices, and other similar institutions (establishments) in developed countries within the framework of the issues raised in the reqwest was conducted according to the following directions: legal basis for the activity of independent fiscal institutions, parliamentary budget offices, and other similar institutions (establishments); their models and structure; the scope of powers of the institutions; number of employees, sources and amounts of financing of institutions (establishments).

Legislation of the USA, the UK, Canada, Italy, Australia, Ireland, France, and Portugal was analysed in the note.

Key words: independent fiscal institution, parliamentary budget office, fiscal policy, budget policy.

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05/2023

10 June 2023
17:38

Abstract. The results of the analysis of the legislation of Great Britain, France, Germany, Latvia, Lithuania and Estonia are presented in order to confirm the existence of three criteria for candidates for the position of Human Rights Commissioner: age, high moral qualities, and experience in human rights activities. The results of the research are presented, in particular, in the comparative table.

Key words: Human Rights Commissioner, age criteria of the Human Rights Commissioner, criteria regarding age, high moral qualities and experience in human rights activities.

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05/2023

21 April 2023
17:40

Abstract. In the analytical note, a comparative analysis of the legislation of foreign states was carried out on the functioning of the parliamentary service institute and the legal status of parliamentarian’s assistants.

Key words: parliamentarian, parliamentary service, parliamentarian's assistant.

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03/2023

14 April 2023
17:54

Abstract. In the analytical note a comparative analysis and generalisation of the legislation of Ukraine and Japan on the functioning of the institution of parliamentary service was carried out. In the analysis has established that the parliamentary service is distinguished as a special type of state service, and the use of this experience can contribute to ensuring the administrative capacity of the Verkhovna Rada of Ukraine and the institutional independence of the Secretariat of the Verkhovna Rada of Ukraine.

Key words: Verkhovna Rada of Ukraine, Secretariat of the Verkhovna Rada of Ukraine, state service, parliamentary service in Japan, MPs’ assistant.

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03/2023

27 January 2023
17:51

Abstract. Comparative analysis of the legislation of foreign countries on examination by parliamentary standing committees of citizens' appeals was carried out in the analytical note. To answer the questions, the legislation of seven countries was studied: Austria, Belgium, Bosnia and Herzegovina, Croatia, Denmark, Georgia and Germany. The conducted analysis showed that all states consider the appeal to the parliament as a constitutional right. Most states single out petitions among the variety of forms of citizens' appeals. In some parliaments, a permanent committee is founded to consider petitions and other appeals from citizens. The procedure for consideration of appeals (petitions) from citizens by parliamentary committees is usually identical to the general procedure for consideration by parliamentary committees of issues that are within their scope of authority.

Key words: the right to appeal, citizen's appeal, petition, parliament, parliamentary standing committees.

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12/2022