Analytical notes


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.

Link_ua

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.

Link_ua

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.

Link_ua

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.

Link_ua

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.

Link_ua

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.

Link_ua

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.

Link_ua

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.

Link_ua

12/2022

23 January 2023
17:46

Abstract. Comparative analysis and summary of the legislation on the implementation of architectural and construction (urban planning) control by independent non-governmental (private) entities was carried out in the analytical note, within the framework of the issues raised in the request: conditions and procedure of power delegation to provide architectural and construction (urban planning) control by independent non-governmental (private) entities; supervision of the independent non-governmental (private) entities' activities under architectural and construction (urban planning) control by the state; powers and liability of independent non-governmental (private) entities in the implementation of architectural and construction (urban planning) control.

The legislation of Ukraine and five European countries: Great Britain, Ireland, Germany, France and Norway was analyzed in the study. It has been established that the delegation of powers to carry out architectural and construction (urban planning) control to independent non-governmental (private) entities is one of the manifestations of a common European country's tendency towards gradual deregulation of this area. The process of such delegation is accompanied by the introduction of new certification systems and licensing systems designed to ensure proper performance by independent non-governmental (private) entities of architectural and construction (urban planning) control to fulfill their duties.

Key words: urban planning, architectural and construction control and supervision, entities of architectural and construction control, the legal status of architectural and construction control entities.

Link_ua

11/2022