(Ne)zakonitost imenovanja upravnih odbora javnih ustanova u Tuzlanskom kantonu

Author(s): Ervin Mujkic / Language(s): Bosnian,Croatian,Serbian / Issue: 12/2013

Imenovanje i razrješenje članova upravnih odbora javnih ustanova u Federaciji BiH regulisano je zakonskim i podzakonskim propisima na entitetskom, kantonalnom i općinskom nivou. Odredbama Zakona o ministarskim, vladinim i drugim imenovanjima Federacije Bosne i Hercegovine, koji se primjenjuje na svim nivoima vlasti u F BiH, uključujući kantone, općine i gradove, utvrđen je otvoreni postupak izbora kojim se vrši konačno imenovanje i ponovno imenovanje na pozicije u reguliranim organima.

(Ne)zaštićenost trećih osoba ugovorima o osiguranju od autoodgovornosti u Bosni i Hercegovini

Author(s): Alma Smailhodžic / Language(s): Bosnian / Issue: 20/2017

Under the Motor Vehicle Damage Liability Insurance Contract, a legal relationship is established between the insurer and the insured. However, if in the traffic accident the damage is caused to a third person, that person is entitled to compensation directly to the insurer of the motor vehicle liability insurance contract between the insurer and the owner of the vehicle engine, but not according to the basis of this contract, but according to the basis of the law itself. For this this kind of insurance we call extracontractual or legal insurance. The circle of third persons, the people who have the right to compensation by motor vehicle use in the movement, does not have the same magnitude in all countries. There are many factors that influence the width of the circle of third persons (the level of economic and civilizational development, the material possibility of certain countries, etc.). The development of insurance law up to now shows the trend of expanding the protection of the damaged, as well as an ever smaller number of people and victims of traffic accidents who are left out of the law for compensation.

(Prawie) każda władza jest władzą pańską

Author(s): Andrzej Kojder / Language(s): Polish / Issue: 663/2016

110 lat polityki publicznej w Wielkiej Brytanii (1910-2010)

Author(s): Piotr Jachowicz / Language(s): English,Polish / Issue: 1/2014

The subject of this study is the evolution of British public policy between 1900 and 2010 with to the special focus on budgetary, monetary and social policy, as well as policy towards the public sector. This period was characterized by a steady, yet non-linear rise in economic and social activity of the state. Sudden increases were caused by one of three categories of events: wars, economic crises and changes at the highest levels of government. As a result, the history of British public policy in between 1900 and 2010 is divided into the following stages: 1) 1900-1931 - decline of the liberal era; 2) 1931-1951 - steady increase in the state's economic activity; 3) 1951-1979 - systemic stabilization at a high level of state involvement in economic and social issues; 4) 1997-2007 - attempt to return to economic liberalism; 5) 2007-2010 - a period of volatility and the search for new public policy principles.

1927 Nüfus Sayimina Göre Aksaray Vilayetinin Nüfus Özellikleri

Author(s): Ibrahim Öztürk / Language(s): Turkish / Issue: V. 16/3/2018

In the years of establishment of the republic a population census that allows to evaluate aspects of qualifications and quantity of community living in Anatolia, detailed records and data were not available. Ensuring the foundation of the nation-state for the newly established Republic of Turkey, determining the population in Anatolia through modern methods and population census in order to use the country's economic resources efficiently was very important. Therefore, Statistics Department was established in 1926 to designate qualitative and quantitative characteristics of the population of Turkey and determine the values related to population. The first general population census was carried out on October 28, 1927, after the census law was enacted on 2 June 1926. This census population includes social and economic data such as the marital status of the population, literacy status, disabilities and economic activities and this increases the importance of the 1927 General Population Census. The fact that the first population census realized by the Republican administration was carried out in accordance with the standards of the Western countries, is also important. In this study, the issues of the population of Aksaray province according to the results of 1927 General Population Census were evaluated. In the research, it was aimed to reveal the social, cultural and economic characteristics of the province of Aksaray in 1927, such as the male-female, literate, religious structure, used native language and profession of the population. About the research topic Prime Ministry Statistics General Directorate 1927 Public Census and various analytical texts published on population were examined and the demographic characteristics of Aksaray province were tried to be detailed within the information obtained.

2016 Ve 2017 Yılındaki Düzenlemelere Göre 5746 Sayılı Kanun Kapsamındaki SGK Primi İşveren Payı Desteğinin TMS 20 Uyarınca Muhasebeleştirilmesi

Author(s): Hakan Seldüz,M. Yilmaz Içerli / Language(s): Turkish / Issue: 5/2018

Multifarious incentives are provided for R&D, innovation and design activities with “The Law about Supporting R&D and Design Activities” numbered 5746, in 2008. Some articles of Law number 5746 was changed with Law number 6676 issued in 2016. In 2017, some changes were made over the present regulatory texts of Law number 5746 and some new regulatory texts were issued. Thus, incentives are made more attractive and also their acquisition circumstances and application conditions are made easier. TMS 20 is the accounting standard applied in accounting for, and in the disclosure of government incentives. It is indicated within TMS 20 that receiving manner of the incentive would not affect its accounting method. It is stated that incentives received either in cash or as a reduction of a liability to the government would be accounted for in the same manner. One of the incentives identified in Law number 5746, is SSI premium employer’s share support. Pursuant to regarding law, half of SSI premium employer’s share that is calculated over the wages earned from related efforts of the staff -who are employed in R&D, innovation and design centers and in projects approved by organizations defined in regulations- is being paid from the related fund in Ministry of Finance’s budget, if specified requirements are met. This paper comprises recognition of SSI premium employer’s share support which is defined in Law number 5746. To demonstrate calculation -in accordance with recent regulations- and recognition steps -pursuant to TMS 20- of SSI premium employer’s share supports for staff who have different qualifications, is set as objective of the study. A literature review is made over the legislations whole, which includes laws, by-laws and general communiques, and the related academic studies. SSI premium employer’s share support is explained in details after incentive elements defined within Law number 5746 are briefly summarized. The subject is tried to be concretized by giving epitomes about calculation and book entries of this support and obtained implications are summarized in conclusion section.

A New Order of Religious Freedom

Author(s): Richard John Neuhaus / Language(s): English / Issue: 2/2011

A question on the state supremacy over the law: the context of reforming Ukraine’s criminal legislation

Author(s): YEVHEN SHEVCHENKO / Language(s): English / Issue: 14/2019

This paper represents an observational discussion on the essence of Criminal law, in the context of contemporary views on the body and its inter-relations with the state. By choosing a specific case of a particular country (Ukraine), this paper confirms that the academic debate on such a comprehensive subject can become as diverse as it can possibly be.

A stinking business. Environmental issues, protests and big money in the waste business in Russia

Author(s): Jadwiga Rogoza / Language(s): English / Publication Year: 2018

In recent months, Moscow oblast has seen a series of social protests against environmental problems caused by municipal waste landfills. The waste disposal sites are overloaded, lack adequate safeguards, emit toxic gases and contaminate the groundwater with harmful effluent. The situation is most severe in Moscow oblast because the capital city generates the largest volumes of waste; however, the problem itself extends beyond environmental concerns into the economic and social spheres. Waste management in Russia is marked by notorious overloading of legal waste disposal sites and the emergence of illegal waste dumps, inadequate waste disposal practices leading to air pollution and groundwater contamination which affect local residents, and bad practices by businesses with links to President Vladimir Putin which have monopolised the waste collection sector.

A system approach in the political-administrative management

Author(s): Igor Reshevets / Language(s): English / Issue: 1/2015

The article presents the results of the study on a system approach in the political-administrative management in order to improve the efficiency of administrative activity under the social transformation conditions. The system approach value in the process of a modern Ukrainian state development is grounded.

Absolvenții Academiei de Poliție la forma de învățământ cu frecvență redusă și Legea nr. 118/2017

Author(s): Adrian Bancila / Language(s): Romanian / Issue: 2/2017

Military career requires a beginning and an end. In military, the phrase used in the administrative act, which completes an entire career, is "switching in reserve", and for police officers the expression "ending of service relations" is used. There are no significant differences between the two operations, even the legislator wants to distinguish between the two professional categories, the military and police officers or civil servants with special status, but the way which they are entitled to the pension is laid down in a single normative act , respectively Law no. 223 of July 24, 2015

Acordarea gradului următor personalului aflat în rezervă sau în retragere

Author(s): Ioana ?ONEA / Language(s): Romanian / Issue: 1/2017

The material covered by this study brings attention to the ways in which military personnel , as well as to police officers who, are rank promoted when fulfilling the conditions for being in reserve, are entitled to a pension under the specific national law. The analysis takes into account the two situations, namely pension and the retired from activity for the top military officers.

Administracja samorządowa i instytucje kultury w województwie podlaskim. Podstawy regionalnej polityki publicznej

Author(s): Cezary Mielko / Language(s): English,Polish / Issue: 3/2017

The subject of the analysis in the article is the participation of the local government administration in running a cultural institution. The situation in the Podlaskie voivodship 100 Cezary Mielko Studia z Polityki Publicznej has been analyzed on a nationwide basis. The main problems focus on the principles and methods of financing cultural institutions by regional self-government and various ways of obtaining additional, extra-budgetary funding for their activities, especially from Ministry of Culture and National Heritage and the European Union. The author points to spatial, social, and financial diversification related to the access to cultural events and participation in them using the example of Podlaskie voivodship. He propounds greater professionalisation related to running cultural institutions at the level of the voivodship as well as conducting pro-development cultural policy by local government units. He also stresses the need for activating local and regional communities in connection with cultural events and participation in organizing them. Participation in culture at the local and regional level and prudent government policy in this area are the foundation for building a strong social and regional identity.

Administracyjne warunki formalnoprawne podejmowania działalności gospodarczej i zawodowej w zakresie świadczenia usług turystycznych

Author(s): Jacek Z. Szwaja / Language(s): Polish / Issue: 1/2011

The article discusses the administrative formal and legal conditions (administrative procedures) required when starting a business in order to offer services in the tourism industry. The formal and legal administrative conditions are not uniform in this respect, which can be attributed to both the lack of a common legal basis specifying the conditions for providing particular types of services in tourism, as well as to differences in the procedure of undertaking business activity. The formal and legal conditions have been specified by regulations in the Act of 2 July 2004 about the freedom of business activity and in the Act of 29 August 1997 about services in the tourism industry. Assuming the criterion of the legal basis as the foundation of the division, the article discusses four different legal situations, which can occur under the current legal condition that applies to undertaking business activity in providing services for tourism. In relation to the required administrative procedure three types of business activity have been specified: activity which does not require an administrative decision, activity which can be commenced after issuing an administrative decision and activity which can be undertaken on conditions other than those mentioned above.

Administrative Judiciary in the European Doctrine of Administrative Law at the Turn of the 19th and 20th Centuries

Author(s): Grzegorz Smyk / Language(s): English / Issue: 1/2018

One of the fundamental assumptions of a constitutional and lawful state was recognizing the existence of an inviolable sphere of rights and freedom of individuals that restricted the freedom of administrative action. The guarantee for the protection of the sphere was seen in the statutory defining of the boundaries of the workings of the state apparatus and in the possibility of the external audit of the legality of the public administration. The duty was supposed to be fulfilled mainly by administrative judiciary which was considered to be one of the most significant institutions of administrative law in the 19th-century theory and practice. The term “administrative judiciary” was understood as the settlement of complaints against unlawful administrative decisions implemented by way of contentious proceeding before the authorities of the Member State. Such understanding of administrative judiciary did not decide upon the necessity for separating individual authorities, independent of Common Courts, that were established for administrative disputes resolution. It also did not define the material scope of its characteristics. Those issues were of special interest to the European Administrative Sciences, especially in the second half of the 19th century.

Afirmativna akcija – kvote za pripadnike manje zastupljenog pola u izbornom pravu Srbije

Author(s): Miroslav Ðordevic / Language(s): Serbian / Issue: 34/2018

Serbian Law on the election of MPs was amended in 2011 with the introduction of gender quotas that serve to ensure that at least one third of MPs are women. However, the necessity of such affirmative measures can be disputed. The number of female MPs, as well as women holding other positions of power, has been rapidly growing over the past couple of decades without any special treatment and that tendency seems to persist. The present percentage of women in parliament reached 36, 8%, which is fairly high compared to the most other countries. It is also higher than the quota requirements. Also, statistics show that there is no gender discrimination concerning access to high education and that women surpass men when highly qualified occupations are in question. However, there are still aspects of the right to work in which discrimination is possibly taking place and that is something what should be the focus of future fight for gender equality. Electoral gender quota system is not only practically redundant, but its constitutionality is also in question. The author analyses the gender quota system from the theoretical perspective, confronting it with the idea of the parliament as the representative of the political will of the people. Although Serbian Constitution allows measures of affirmative action to be introduced, it also sets the requirements for such action. In this paper the fulfillment of those requirements is analyzed, leading to conclusion that the constitutionality and the reason itself of such quota system in today’s Serbia is doubtful. The goals of removing gender discrimination in this area are met not due to affirmative measures, but the will and success of women themselves. Author also briefly shows the historical development of today’s gender relations, concerning voting rights, gives comparative context and tries to point out the directions where the fight against gender discrimination should be taken next.

Aktualna reforma penzijskog sistema u Federaciji Bosne i Hercegovine: šta donosi novi Zakon o penzijskom i invalidskom osiguranju?

Author(s): Specified No Author / Language(s): Bosnian / Issue: 33/2018

The application of the earlier Pension and Disability Insurance Act caused constant losses that resulted in a high deficit in the Pension and Disability Insurance Institute. This finally raised serious questions about the pension system solvency in FB&H, pension adequacy and regular pension payments. In addition, bad economic and demographic situation, decline in working-age population, emigration of the young working class population etc. are just some of the reasons that also indicated the need for pension system reform in FB&H. This paper deals with the current reform of the pension system in FB&H through the analysis of the recently adopted Pension and Disability Insurance Act and the novelties introduced by it. Special emphasis is given to the provisions containing the elements of unlawful discrimination as well as unconstitutionality. As such, these provisions are contrary to the European and regional trends, the international conventions and to the Constitution of FB&H. As an obvious example of unlawful discrimination the paper particularly stresses the provision denying unmarried partners’ access to the survivor's pension. Also, the provision suspending the pension payments to one group of pensioners represents a violation of the right to property guaranteed by the FB&H Constitution and as such could be used as the basis for initiating a procedure for assessing its constitutionality. The analysis of the disputed provisions of the Pension and Disability Insurance Act points to their discriminatory and unconstitutional character and to the need for their amendment in order for FB&H to follow the European path and comply with the constitutionally accepted obligations with regard to the international conventions.

Aktualna reforma penzijskog sistema u Federaciji Bosne i Hercegovine: šta donosi novi Zakon o penzijskom i invalidskom osiguranju?

Author(s): Specified No Author / Language(s): Bosnian / Publication Year: 2018

The application of the earlier Pension and Disability Insurance Act caused constant losses that resulted in a high deficit in the Pension and Disability Insurance Institute. This finally raised serious questions about the pension system solvency in FB&H, pension adequacy and regular pension payments. In addition, bad economic and demographic situation, decline in working-age population, emigration of the young working class population etc. are just some of the reasons that also indicated the need for pension system reform in FB&H. This paper deals with the current reform of the pension system in FB&H through the analysis of the recently adopted Pension and Disability Insurance Act and the novelties introduced by it. Special emphasis is given to the provisions containing the elements of unlawful discrimination as well as unconstitutionality. As such, these provisions are contrary to the European and regional trends, the international conventions and to the Constitution of FB&H. As an obvious example of unlawful discrimination the paper particularly stresses the provision denying unmarried partners’ access to the survivor's pension. Also, the provision suspending the pension payments to one group of pensioners represents a violation of the right to property guaranteed by the FB&H Constitution and as such could be used as the basis for initiating a procedure for assessing its constitutionality. The analysis of the disputed provisions of the Pension and Disability Insurance Act points to their discriminatory and unconstitutional character and to the need for their amendment in order for FB&H to follow the European path and comply with the constitutionally accepted obligations with regard to the international conventions.

Aktualność koncepcji współporządków Wilhelma Röpkego dla teorii polityki publicznej

Author(s): Grzegorz Szulczewski / Language(s): English,Polish / Issue: 3/2017

Normative concept of The Social-Economic order proposed by Wilhelm Röpke allows for the valuation of the modern shape of Capitalism. In the introduction the author has attempted to show the actual problems faced by current Public Policy such as reinstatement of the socially accepted order of freedom during era of oligopolistic-corporate-finance oriented capitalism, fight against asymmetric distribution of wealth and management of sustainable Immigration Policy. Wilhelm Röpke was a member of a group called "Ordo liberals". According to the Ortoliberals the public policy needs to allow most possible freedoms to all citizens (including economic free market freedoms). At the same time, the Ortoliberals want to be active in preparing the Public Policy which would prepare a platform for effective economy, fair justice system and equal opportunity for all members of society. According to Ortoliberalism, administrative actions need to follow the principle of subsidiarity. The Public Policy must also ensure social justice and protection of dignity for the whole population, as expected in the society governed by Social Solidarity.

Akty prawa miejscowego z perspektywy 25 lat samorządu terytorialnego w Polsce

Author(s): Agnieszka Bien-Kacala,Iwona Wróblewska / Language(s): Polish / Issue: XXXIV/2015

The article refers to issues that cause most controversies in the field of the legislative power of the local self-government. The postulate to clarify this sphere has been rooted in the controversies concerning local law that aroused just after the political transformation. The system of the acts of local law has been partially determined by the Constitution of 1997. The Authors have discussed the place of local acts in the system of the sources of law in Poland, the problem of a dichotomous approach to them and the normative character of these acts. Legislative activities of local authorities result in the rich and diverse collection of normative acts. However, their inherent feature is the need to settle a casu ad casum their legal nature. The Authors have also described doubts concerning the legal basis of the acts of local law from the constitutional point of view. It especially refers to the statutes of self-government units and the local authorities that may issue such sources of law. The Authors conclude that local legislation should be perceived as an element of a larger whole- coherent and complementary system of universally binding law. This is only possible while respecting the fundamental principles of the constitutional system of the sources of law, the rules of proper legislation and the effective instruments of control over the legality of local law. From the perspective of 25 years of functioning of the local self-government in Poland, the postulate to organize the system of the acts of local law in the spirit of constitutional arrangements must be maintained. In particular, the constitutional requirements concerning local law should actually entry into force.