Pub Date : 2023-03-27DOI: 10.33327/ajee-18-6.2-a000201
Sefter Rehimli
Background: The article analyses the aggression of Soviet Russia against the Azerbaijan Democratic Republic (ADR) from two perspectives – from the point of view of both Soviet Russia and international law. The problem of whether or not to continue the subject of international law and recognition during the restoration of independence of the states subjected to aggression has created the need for an unambiguous legal response. Even though the rules of the Montevideo Convention (1933) were fully valid in the establishment of the ADR and the republic became a subject of international law, it was recognised by the Versailles legal system, and it was provided with all the attributes of a state in political, economic, social, and other regards, but it was subject to the aggression of Soviet Russia. The conclusion that it is impossible to assess the aggression of Russia against independent states in the framework of the legal system at the beginning of the 20th century is also controversial. The conclusion that Russia’s military aggression against independent states ‘cannot be evaluated within the framework of the legal system of the period’ is wrong, at least in terms of the IV Hague Convention on the Law and Customs of War on Land Territory of 1907(Regulations (Addendum)) Art. 42, the principle of ‘no transfer of sovereignty to the occupying state during occupation’. Methods: The occupation of the Republic of Azerbaijan after the restoration of state independence is comparatively analysed using historical and legal methods, taking into account the practice of other states that were attacked by Soviet Russia. A case study approach was used in this article. Since the case study is explanatory and descriptive in design, the description of the conventions on Russian military aggression (1899-1907 Hague Conventions, 1949 Geneva Convention) and practical explanation are included in the article. Results and Conclusions: The activity of the emigration government, the national liberation struggle, international crimes committed against the population, and the results of the illegal annexation are evaluated according to international law due to the military aggression of Soviet Russia against the ADR. Illegal annexation does not mean the loss of international legal subjectivity of the occupied state. Only in cases of disintegration of the population and disintegration of the society does the loss of state identity occur. Regardless of the existence or effectiveness of the government-in-exile, the long-term struggle of the Azerbaijani people for self-determination during the Soviet era creates an objective basis for the continuity of the ADR.
{"title":"Analysis of Russia’s Military Aggression against the Azerbaijan Democratic Republic from the International Legal Perspective","authors":"Sefter Rehimli","doi":"10.33327/ajee-18-6.2-a000201","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-a000201","url":null,"abstract":"Background: The article analyses the aggression of Soviet Russia against the Azerbaijan Democratic Republic (ADR) from two perspectives – from the point of view of both Soviet Russia and international law. The problem of whether or not to continue the subject of international law and recognition during the restoration of independence of the states subjected to aggression has created the need for an unambiguous legal response. \u0000Even though the rules of the Montevideo Convention (1933) were fully valid in the establishment of the ADR and the republic became a subject of international law, it was recognised by the Versailles legal system, and it was provided with all the attributes of a state in political, economic, social, and other regards, but it was subject to the aggression of Soviet Russia. The conclusion that it is impossible to assess the aggression of Russia against independent states in the framework of the legal system at the beginning of the 20th century is also controversial. The conclusion that Russia’s military aggression against independent states ‘cannot be evaluated within the framework of the legal system of the period’ is wrong, at least in terms of the IV Hague Convention on the Law and Customs of War on Land Territory of 1907(Regulations (Addendum)) Art. 42, the principle of ‘no transfer of sovereignty to the occupying state during occupation’.\u0000Methods: The occupation of the Republic of Azerbaijan after the restoration of state independence is comparatively analysed using historical and legal methods, taking into account the practice of other states that were attacked by Soviet Russia. A case study approach was used in this article. Since the case study is explanatory and descriptive in design, the description of the conventions on Russian military aggression (1899-1907 Hague Conventions, 1949 Geneva Convention) and practical explanation are included in the article. \u0000Results and Conclusions: The activity of the emigration government, the national liberation struggle, international crimes committed against the population, and the results of the illegal annexation are evaluated according to international law due to the military aggression of Soviet Russia against the ADR. Illegal annexation does not mean the loss of international legal subjectivity of the occupied state. Only in cases of disintegration of the population and disintegration of the society does the loss of state identity occur. Regardless of the existence or effectiveness of the government-in-exile, the long-term struggle of the Azerbaijani people for self-determination during the Soviet era creates an objective basis for the continuity of the ADR.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43908376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Background: The digital economy has become a significant driver of economic growth in developing countries. However, to fully realise the benefits of the digital economy, legal mechanisms must be put in place to create an environment for its growth. Methods: This article provides an overview of legal mechanisms that can be implemented to stimulate a digital economy in developing countries. These legal mechanisms include the development of appropriate legal frameworks for e-commerce, intellectual property rights protection, privacy and data protection laws, and cybersecurity laws. Additionally, legal mechanisms that promote innovation and entrepreneurship, such as tax incentives, venture capital financing, and business incubators, are also essential. Results and conclusion: The implementation of legal mechanisms can help developing countries build a vibrant digital economy, create jobs, and improve the standard of living for their citizens.
{"title":"Legal Mechanisms for the Stimulation of the Digital Economy in Developing Countries","authors":"Alsamara Tareck","doi":"10.33327/ajee-18-6s002","DOIUrl":"https://doi.org/10.33327/ajee-18-6s002","url":null,"abstract":"Background: The digital economy has become a significant driver of economic growth in developing countries. However, to fully realise the benefits of the digital economy, legal mechanisms must be put in place to create an environment for its growth.\u0000Methods: This article provides an overview of legal mechanisms that can be implemented to stimulate a digital economy in developing countries. These legal mechanisms include the development of appropriate legal frameworks for e-commerce, intellectual property rights protection, privacy and data protection laws, and cybersecurity laws. Additionally, legal mechanisms that promote innovation and entrepreneurship, such as tax incentives, venture capital financing, and business incubators, are also essential.\u0000Results and conclusion: The implementation of legal mechanisms can help developing countries build a vibrant digital economy, create jobs, and improve the standard of living for their citizens.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44114488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-22DOI: 10.33327/ajee-18-6.2-a000209
Adrian Zbiciak, Tymon Markiewicz
Background: The main purpose of this study is to present and evaluate a new, extraordinary means of appeal in Polish criminal procedure – a complaint against cassatory judgment of the appellate court from the point of view of principles of criminal proceedings. This includes hearing the case within a reasonable time, the right of defence, two-instance proceedings, and equality of arms in complaint proceedings. Methods: This study draws on comprehensive analyses of the provisions of the Polish Code of Criminal Procedure, partly based on case research, and comparing effects of these analyses with both the Polish constitutional standard and the jurisprudence of the European Court of Human Rights (ECHR). Results: Complaint proceedings comply with the main requirements of a fair trial. Conclusions: Certain limitations on the right of the accused in the discussed proceedings are fully justified by their special features and are proportionate. This conclusion applies to the time-limit for submitting the complaint, the requirement to bring it only through the assistance of a defence counsel, and also to the way of examination of the complaint by the Supreme Court in writing at the closed session. All these solutions constitute only permissible, proportionate restrictions of the indicated principles. This proportionality results primarily from weighing the benefits of the complaint proceedings: limitations of cassatory adjudication in genere, respect for the appeal model of appellate proceedings, and maintaining uniformity of interpretation of narrowly defined grounds for cassatory adjudication.
{"title":"A new extraordinary means of appeal in the Polish criminal procedure: the basic principles of a fair trial and a complaint against a cassatory judgment","authors":"Adrian Zbiciak, Tymon Markiewicz","doi":"10.33327/ajee-18-6.2-a000209","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-a000209","url":null,"abstract":"Background: The main purpose of this study is to present and evaluate a new, extraordinary means of appeal in Polish criminal procedure – a complaint against cassatory judgment of the appellate court from the point of view of principles of criminal proceedings. This includes hearing the case within a reasonable time, the right of defence, two-instance proceedings, and equality of arms in complaint proceedings. \u0000Methods: This study draws on comprehensive analyses of the provisions of the Polish Code of Criminal Procedure, partly based on case research, and comparing effects of these analyses with both the Polish constitutional standard and the jurisprudence of the European Court of Human Rights (ECHR).\u0000Results: Complaint proceedings comply with the main requirements of a fair trial. \u0000Conclusions: Certain limitations on the right of the accused in the discussed proceedings are fully justified by their special features and are proportionate. This conclusion applies to the time-limit for submitting the complaint, the requirement to bring it only through the assistance of a defence counsel, and also to the way of examination of the complaint by the Supreme Court in writing at the closed session. All these solutions constitute only permissible, proportionate restrictions of the indicated principles. This proportionality results primarily from weighing the benefits of the complaint proceedings: limitations of cassatory adjudication in genere, respect for the appeal model of appellate proceedings, and maintaining uniformity of interpretation of narrowly defined grounds for cassatory adjudication.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48126592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Background: It has been a year since Russia heavily invaded Ukraine, leading to prolonged violence and devastation. Russia had previously disregarded international law by annexing Crimea, violating the principle of the use of force, and breaking numerous treaties that safeguard Ukraine’s sovereignty and territorial integrity. Despite the invasion occurring a year ago, Ukraine remains in a dire situation, with the conflict causing significant harm to its people and infrastructure. This paper aims to examine the legal implications of Russia’s invasion from an international perspective, and to consider the potential repercussions of such actions. Methods: This research paper analyses the legal implications of the conflict between Russia and Ukraine, focusing on Russia’s invasion and annexation of Crimea. Through the application of legal positivism, which seeks to analyse the law in a way that is objective and value-neutral, the paper argues that Russia’s actions contravene Ukraine’s sovereignty and territorial integrity. Conclusion and recommendations: The Russian Federation’s invasion of Ukraine and subsequent territorial seizure constitutes a violation of international law. While there are ways to address this violation, the possession of nuclear weapons by a state may make it difficult to take action. The ICC is investigating the situation in Ukraine and can prosecute individuals for international crimes, but national courts also have a crucial role in ensuring justice. Notwithstanding, it is imperative for the international community to unite and condemn aggression against independent nations, with a critical mass of states prepared to take measures to halt or decrease acts of aggression while also providing assistance to victims. It is vital to demonstrate that international law remains valid and binding, and that the illegitimate use of force will never be accepted or even tolerated.
{"title":"Did Russia Invade International Law in Ukraine","authors":"Adnan Mahmutović","doi":"10.33327/ajee-18-6s003","DOIUrl":"https://doi.org/10.33327/ajee-18-6s003","url":null,"abstract":"Background: It has been a year since Russia heavily invaded Ukraine, leading to prolonged violence and devastation. Russia had previously disregarded international law by annexing Crimea, violating the principle of the use of force, and breaking numerous treaties that safeguard Ukraine’s sovereignty and territorial integrity. Despite the invasion occurring a year ago, Ukraine remains in a dire situation, with the conflict causing significant harm to its people and infrastructure. This paper aims to examine the legal implications of Russia’s invasion from an international perspective, and to consider the potential repercussions of such actions.\u0000Methods: This research paper analyses the legal implications of the conflict between Russia and Ukraine, focusing on Russia’s invasion and annexation of Crimea. Through the application of legal positivism, which seeks to analyse the law in a way that is objective and value-neutral, the paper argues that Russia’s actions contravene Ukraine’s sovereignty and territorial integrity.\u0000Conclusion and recommendations: The Russian Federation’s invasion of Ukraine and subsequent territorial seizure constitutes a violation of international law. While there are ways to address this violation, the possession of nuclear weapons by a state may make it difficult to take action. The ICC is investigating the situation in Ukraine and can prosecute individuals for international crimes, but national courts also have a crucial role in ensuring justice. Notwithstanding, it is imperative for the international community to unite and condemn aggression against independent nations, with a critical mass of states prepared to take measures to halt or decrease acts of aggression while also providing assistance to victims. It is vital to demonstrate that international law remains valid and binding, and that the illegitimate use of force will never be accepted or even tolerated.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41611079","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-20DOI: 10.33327/ajee-18-6.2-a000203
M. Albakjaji
Background: The concept of a strong state is no longer measured by its military and economic strength, but also by the level of its ability to both defend against cyber-attacks and control cyberspace. During the Russian invasion of Ukraine, it became clear that modern technology had an active role on the ground. This research focuses on the role of modern technology in conflicts and as a key factor in relations between states. It has been proven that technology has led to the creation of new concepts in international relations - the concept of technological sanctions, electronic warfare, and so on. This paper will focus deeply on studying the impact of technology on international relations, and its role in war, peace and security. The researcher uses the Russian-Ukrainian war to support these ideas. Methods: In this paper, the researcher used an analytical and structural method to provide an in-depth perspective on the impact of new technology on international relations. Moreover, a case study on the war between Russia and Ukraine were deployed to explain how new technology is heavily involved in international relations. To support the ideas discussed in this paper, the author uses legal texts, international conventions, and official reports issued from national and international institutions. Result and Conclusion: In this paper, a comprehensive analysis of how IT has affected international relations has been presented. The researcher found that digital technology is considered a new international distribution of power and driving force in the social construction of war and peace. The paper also found that the war between Russia and Ukraine has proven that new technology is widely used in the conflict. The researcher also found that there is a binding legal framework to regulate the activities of the cyber domain. Moreover, new types of sanctions have been emerging internationally. During the conflict, new means of funding and new types of currency have been also been employed, which is considered a new challenge to international relations. The main finding of the paper is that new technology and cyberspace activities cannot be governed locally. The international community should involve civil actors in the governing and regulatory process of cyberspace.
{"title":"The Impact of Digital Technology on International Relations: The Case of the War between Russia and Ukraine","authors":"M. Albakjaji","doi":"10.33327/ajee-18-6.2-a000203","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-a000203","url":null,"abstract":"Background: The concept of a strong state is no longer measured by its military and economic strength, but also by the level of its ability to both defend against cyber-attacks and control cyberspace. During the Russian invasion of Ukraine, it became clear that modern technology had an active role on the ground. This research focuses on the role of modern technology in conflicts and as a key factor in relations between states. It has been proven that technology has led to the creation of new concepts in international relations - the concept of technological sanctions, electronic warfare, and so on. This paper will focus deeply on studying the impact of technology on international relations, and its role in war, peace and security. The researcher uses the Russian-Ukrainian war to support these ideas. \u0000Methods: In this paper, the researcher used an analytical and structural method to provide an in-depth perspective on the impact of new technology on international relations. Moreover, a case study on the war between Russia and Ukraine were deployed to explain how new technology is heavily involved in international relations. To support the ideas discussed in this paper, the author uses legal texts, international conventions, and official reports issued from national and international institutions.\u0000Result and Conclusion: In this paper, a comprehensive analysis of how IT has affected international relations has been presented. The researcher found that digital technology is considered a new international distribution of power and driving force in the social construction of war and peace. The paper also found that the war between Russia and Ukraine has proven that new technology is widely used in the conflict. The researcher also found that there is a binding legal framework to regulate the activities of the cyber domain. Moreover, new types of sanctions have been emerging internationally. During the conflict, new means of funding and new types of currency have been also been employed, which is considered a new challenge to international relations. The main finding of the paper is that new technology and cyberspace activities cannot be governed locally. The international community should involve civil actors in the governing and regulatory process of cyberspace.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44966002","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Given the lack of regulatory studies on investment in Saudi Arabia and the recent adoption of the National Investment Strategy, the paper provides a comprehensive high-level assessment of the legal framewor¬¬k governing foreign investment in Saudi Arabia and its effectiveness in achieving its policy goals as a competitive regime. The purpose of the paper is to identify the legal framework that governs foreign investments in Saudi Arabia, under both a comparative lens and a policy-oriented one, while highlighting some of the most essential challenges facing foreign investors. Methods: The approach adopted describes and analyses the legal framework governing foreign investment in Saudi Arabia under the general policies and goals of Vision 2030. Additionally, where appropriate, a brief comparison to the legal framework governing foreign investment in other jurisdictions is presented to provide an alternative approach to how similar issues are handled under a reputable regime. Results and Conclusions: The National Investment Strategy issued in October 2022, the Investment Principles and Policies, and recent legislative reforms represent a major accomplishment and advancement for the Kingdom's investment regime. More importantly, the legal framework for foreign investment needs to be looked into to see if it is in line with Saudi Arabia's policies and goals and if it follows the structure of a modern investment framework by giving investors a regime that is effective, predictable, and reliable.
{"title":"The Role of the Legal Frameworks in Attracting Foreign Investments: The Case of Saudi Arabia","authors":"Shahad Al-Qahtani, M. Albakjaji","doi":"10.33327/ajee-18-6s001","DOIUrl":"https://doi.org/10.33327/ajee-18-6s001","url":null,"abstract":"Given the lack of regulatory studies on investment in Saudi Arabia and the recent adoption of the National Investment Strategy, the paper provides a comprehensive high-level assessment of the legal framewor¬¬k governing foreign investment in Saudi Arabia and its effectiveness in achieving its policy goals as a competitive regime. The purpose of the paper is to identify the legal framework that governs foreign investments in Saudi Arabia, under both a comparative lens and a policy-oriented one, while highlighting some of the most essential challenges facing foreign investors.\u0000Methods: The approach adopted describes and analyses the legal framework governing foreign investment in Saudi Arabia under the general policies and goals of Vision 2030. Additionally, where appropriate, a brief comparison to the legal framework governing foreign investment in other jurisdictions is presented to provide an alternative approach to how similar issues are handled under a reputable regime.\u0000Results and Conclusions: The National Investment Strategy issued in October 2022, the Investment Principles and Policies, and recent legislative reforms represent a major accomplishment and advancement for the Kingdom's investment regime. More importantly, the legal framework for foreign investment needs to be looked into to see if it is in line with Saudi Arabia's policies and goals and if it follows the structure of a modern investment framework by giving investors a regime that is effective, predictable, and reliable.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42194221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-05DOI: 10.33327/ajee-18-6.2-a000202
Aibar Seidimbek, M. Khassenov, Marat Alenov
Background: This article presents a study of the theoretical and practical aspects of balancing the interests of employers and employees in the context of Kazakhstan and the United States. The core purpose was to develop such mechanisms that can aid in balanced employer-employee relations in Kazakhstan. The article analyses the role of legal codes and frameworks for the elimination of imbalance in disputed employment relations. Methods: A qualitative study was conducted and the relevant legislation, codes and extant literature related to the rights of employees and employers were explored, which included ILO documents and relevant research articles. The article investigates Kazakhstan’s and United States’ labour code and legislation to determine the applicable procedural mechanisms for balancing the interests of employers and employees. Results and Conclusions: On the basis of this study, a number of recommendations have been developed, aimed at protecting the interests of both employers and employees. In particular, the article presents a procedural developed mechanism based on three aspects of employment relations: social dialogue, collective bargaining and dispute resolution aimed at securing the rights and interests of both parties. The developed mechanisms not only facilitate mutually beneficial decisions appealing to the interests of employees and employers via social dialogue and collective bargaining agreements but also aim to reduce the number of labour disputes in the courts in the future with alternative resolution mechanisms.
{"title":"Providing a Balance between Employers’ and Employees’ Interests through the Development of a Procedural Mechanism for Protecting Their Rights","authors":"Aibar Seidimbek, M. Khassenov, Marat Alenov","doi":"10.33327/ajee-18-6.2-a000202","DOIUrl":"https://doi.org/10.33327/ajee-18-6.2-a000202","url":null,"abstract":"Background: This article presents a study of the theoretical and practical aspects of balancing the interests of employers and employees in the context of Kazakhstan and the United States. The core purpose was to develop such mechanisms that can aid in balanced employer-employee relations in Kazakhstan. The article analyses the role of legal codes and frameworks for the elimination of imbalance in disputed employment relations. \u0000Methods: A qualitative study was conducted and the relevant legislation, codes and extant literature related to the rights of employees and employers were explored, which included ILO documents and relevant research articles. The article investigates Kazakhstan’s and United States’ labour code and legislation to determine the applicable procedural mechanisms for balancing the interests of employers and employees. \u0000Results and Conclusions: On the basis of this study, a number of recommendations have been developed, aimed at protecting the interests of both employers and employees. In particular, the article presents a procedural developed mechanism based on three aspects of employment relations: social dialogue, collective bargaining and dispute resolution aimed at securing the rights and interests of both parties. The developed mechanisms not only facilitate mutually beneficial decisions appealing to the interests of employees and employers via social dialogue and collective bargaining agreements but also aim to reduce the number of labour disputes in the courts in the future with alternative resolution mechanisms.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45549131","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-13DOI: 10.33327/ajee-18-6.1-a000109
Oleh Ilnytslyi
Background: The functioning of the state apparatus under the legal regime of martial law causes significant changes in both the organisational and procedural nature of public administration. Methods: The results of research on the functioning of the state apparatus under the conditions of the legal regime of martial law and practice materials in the form of published statistical and journalistic reports from open sources of information were processed using general scientific and special research methods. Results and Conclusions: As a result of this research, the following recommendations were formulated in the adaptation of public administration: the need to introduce clear distribution and definition of the competences of military and civil administration bodies, as well as the definition of further control mechanisms when granting an additional scope of powers to military and civil administration bodies under martial law conditions; ‘revisions’ regarding justification for the exercise of such powers; the implementation of restrictive measures of the legal regime of martial law should take place in a clear, legally defined sequence, taking into account the presence of a legitimate goal of their introduction with special attention to the issue of proportionality between the introduced restrictions and the results of their implementation to achieve the same goal; use of alternative means of communication with citizens with transparent (accessible) presentation of information to establish social dialogue and understanding between governing bodies and citizens; institutionalisation of such means of communication.
{"title":"Features of Public Administration Ensuring Security under the Legal Regime of Martial Law in Ukraine","authors":"Oleh Ilnytslyi","doi":"10.33327/ajee-18-6.1-a000109","DOIUrl":"https://doi.org/10.33327/ajee-18-6.1-a000109","url":null,"abstract":"Background: The functioning of the state apparatus under the legal regime of martial law causes significant changes in both the organisational and procedural nature of public administration. \u0000Methods: The results of research on the functioning of the state apparatus under the conditions of the legal regime of martial law and practice materials in the form of published statistical and journalistic reports from open sources of information were processed using general scientific and special research methods.\u0000Results and Conclusions: As a result of this research, the following recommendations were formulated in the adaptation of public administration: the need to introduce clear distribution and definition of the competences of military and civil administration bodies, as well as the definition of further control mechanisms when granting an additional scope of powers to military and civil administration bodies under martial law conditions; ‘revisions’ regarding justification for the exercise of such powers; the implementation of restrictive measures of the legal regime of martial law should take place in a clear, legally defined sequence, taking into account the presence of a legitimate goal of their introduction with special attention to the issue of proportionality between the introduced restrictions and the results of their implementation to achieve the same goal; use of alternative means of communication with citizens with transparent (accessible) presentation of information to establish social dialogue and understanding between governing bodies and citizens; institutionalisation of such means of communication.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49556148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-13DOI: 10.33327/ajee-18-6.1-a000121
Cristina Elena Popa Tache
Background: State immunity, a subject rarely encountered in the East, is being brought to light more and more often lately. In the process of being detached from customary law, it has been subject to several attempts at codification. These attempts appear to have been overtaken by developments in doctrine, which demonstrates the existence of potentially delicate situations of public international law. In this context, we recall the United Nations Convention on Jurisdictional Immunities of States and their Property (New York, December 2004), which has not yet entered into force.1 In this context, we also note the initiatives for the establishment of the European Court of State Immunity contained in the European Convention on State Immunity of 1972 and its Additional Protocol, which has never been operational.2 Methods: This article aims to take stock of the status quo of the doctrine of state immunity in international law as a whole by highlighting the existing normative aspects in relation to the problems of implementation. Results and Conclusions: The arguments and conclusions are intended to underline the importance of understanding the reality, in particular, of how this doctrine works together with its exceptions. The method of scientific introspection based on primary and secondary data from scientific journals, books, documents, expert opinions, and other publications has been used to develop this article.
{"title":"State Immunity, Between Past and Future","authors":"Cristina Elena Popa Tache","doi":"10.33327/ajee-18-6.1-a000121","DOIUrl":"https://doi.org/10.33327/ajee-18-6.1-a000121","url":null,"abstract":"Background: State immunity, a subject rarely encountered in the East, is being brought to light more and more often lately. In the process of being detached from customary law, it has been subject to several attempts at codification. These attempts appear to have been overtaken by developments in doctrine, which demonstrates the existence of potentially delicate situations of public international law. In this context, we recall the United Nations Convention on Jurisdictional Immunities of States and their Property (New York, December 2004), which has not yet entered into force.1 In this context, we also note the initiatives for the establishment of the European Court of State Immunity contained in the European Convention on State Immunity of 1972 and its Additional Protocol, which has never been operational.2\u0000Methods: This article aims to take stock of the status quo of the doctrine of state immunity in international law as a whole by highlighting the existing normative aspects in relation to the problems of implementation.\u0000Results and Conclusions: The arguments and conclusions are intended to underline the importance of understanding the reality, in particular, of how this doctrine works together with its exceptions. The method of scientific introspection based on primary and secondary data from scientific journals, books, documents, expert opinions, and other publications has been used to develop this article.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45295331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-13DOI: 10.33327/ajee-18-6.1-a000123
I. Soldatenko
What seems necessary to reduce corruption is not the imposition of anti-corruption policies, which has an influence, but the building of an anti-corruption culture to envisage rejection of corrupt practices both on the personal and at any level of state or local government. The public control of authorities, the request for which is formed by the anti-corruption culture, can be realised via well-running communications between the authorities and the public and their professional management. The authorities lacking transparency increases both the risks of corrupt practices and the faith in institutions being lost. The article describes the role communications have in implementing steps to get out of the loop of particularism and presents a plan for the implementation of the anti-corruption strategy in the field of public administration by Alina Mungiu-Pippidi. The role of communications in the implementation of Robert Klitgaard’s anti-corruption methodology based on the corruption formula is also presented: C = M + D-A /T, where M stands for monopoly, D is for discretion, and A/T is for accountability/transparency. The author presents the results of the ‘Islands of Integrity TM’ anti- corruption project, implemented by the United Nations Recovery and Peacebuilding Program and funded by the EU. In 2020, the ‘Islands of Integrity TM’ anti-corruption methodology was implemented in six communities of the Luhansk and Donetsk oblasts (East part of Ukraine). The author of the article was involved in sociological research conducted in six communities of the Luhansk and Donetsk oblasts (April-July 2020), which revealed a lack of public interest and confidence in the official channels to inform the population about the activities of local authorities. Local residents prefer to receive information about the activities of local authorities from informal channels of communication (including from local government officials) than from official sources. This leads to the spreading of rumours and defamation, which enhances the decline in the level of public trust. The reason for this is the low professional level of communications management, the lack of research on the media preferences of local residents, and, as a consequence, the inefficient communication activities of local authorities. This state of things requires an immediate reform of the communication strategies local authorities are currently using. Moreover, mandatory practices of informing the population about all actions of the authorities should be introduced, especially regarding the activities that are vulnerable to corruption. This will reduce the corruption vulnerability of local authorities to ensure communication support for anti-corruption methodologies and foster public control. In this article, the author will turn to the matter of building effective communications between the government and the public in Ukraine and determining the necessary conditions to reduce the risk of state corruptio
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