Pub Date : 2023-03-06DOI: 10.46398/cuestpol.4176.03
Y. Lutsenko, Victor Motyl, Anatolii Tarasiuk, V. Areshonkov, Ya.O. Diakin, D. Kamensky
The goal of the paper is to research the modern phenomenon of global white-collar crime, its socially harmful forms and to discuss methods of fighting such criminality internationally. In the course of the research, several general and special scientific methods were used. Special focus was laid on comparing models of enforcing economic crimes in different jurisdictions. A general overview of today’s interconnected economic systems is provided. A link between economic security and national (including information) security is explained. With reference to numerous publications on the issues of white-collar crime it is suggested that this topic is of significant practical meaning to national governments. Based on the example of several white-collar crimes, including tax evasion, money laundering and insider trading, a conclusion was made on the complexity of prosecuting economic offenses, when criminal activity goes beyond any national jurisdiction. Challenges of procedural nature, which relate to investigation and prosecution of such crimes, are discussed as well. As a general conclusion, it is argued that modern phenomenon of economic globalization significantly underlines the importance of the implementation of comparative, multi-jurisdictional research into the field of white-collar crime enforcement.
{"title":"Globalization of White-Collar Crime: Far and Beyond National Jurisdictions","authors":"Y. Lutsenko, Victor Motyl, Anatolii Tarasiuk, V. Areshonkov, Ya.O. Diakin, D. Kamensky","doi":"10.46398/cuestpol.4176.03","DOIUrl":"https://doi.org/10.46398/cuestpol.4176.03","url":null,"abstract":"The goal of the paper is to research the modern phenomenon of global white-collar crime, its socially harmful forms and to discuss methods of fighting such criminality internationally. In the course of the research, several general and special scientific methods were used. Special focus was laid on comparing models of enforcing economic crimes in different jurisdictions. A general overview of today’s interconnected economic systems is provided. A link between economic security and national (including information) security is explained. With reference to numerous publications on the issues of white-collar crime it is suggested that this topic is of significant practical meaning to national governments. Based on the example of several white-collar crimes, including tax evasion, money laundering and insider trading, a conclusion was made on the complexity of prosecuting economic offenses, when criminal activity goes beyond any national jurisdiction. Challenges of procedural nature, which relate to investigation and prosecution of such crimes, are discussed as well. As a general conclusion, it is argued that modern phenomenon of economic globalization significantly underlines the importance of the implementation of comparative, multi-jurisdictional research into the field of white-collar crime enforcement.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45870525","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 : 2023-03-06DOI: 10.46398/cuestpol.4176.18
Y. Zhukova, Kostiantyn Bryl, L. Svystun, Y. Kobrusieva, Yevhen Leheza
The object of the research is the peculiarities of public administration of education and science in foreign countries, in particular, the experience of three European countries ranked in the top ten according to the results of the international survey PISA-2018: Estonia, Finland and Poland. The main content is considered the experience of building a system of educational management on democratic basis, in cooperation between government bodies and society. It is determined that education in the studied countries is one of the priorities of the state and society. The methodological basis of the research consists of comparative legal and systemic analysis, formal legal method, method of interpretation, hermeneutic method and methods of analysis and synthesis. Similar approaches to administration and financing were identified in the conclusions. A trend characteristic of all countries is clarified: the state guarantees free education, including science, and at the same time ensures equal access to quality education and science. Also, the optimal mechanisms of economic support of education, science and the main sources of financing specific to each country were defined.
{"title":"Legal regulation of public administration of education and science","authors":"Y. Zhukova, Kostiantyn Bryl, L. Svystun, Y. Kobrusieva, Yevhen Leheza","doi":"10.46398/cuestpol.4176.18","DOIUrl":"https://doi.org/10.46398/cuestpol.4176.18","url":null,"abstract":"The object of the research is the peculiarities of public administration of education and science in foreign countries, in particular, the experience of three European countries ranked in the top ten according to the results of the international survey PISA-2018: Estonia, Finland and Poland. The main content is considered the experience of building a system of educational management on democratic basis, in cooperation between government bodies and society. It is determined that education in the studied countries is one of the priorities of the state and society. The methodological basis of the research consists of comparative legal and systemic analysis, formal legal method, method of interpretation, hermeneutic method and methods of analysis and synthesis. Similar approaches to administration and financing were identified in the conclusions. A trend characteristic of all countries is clarified: the state guarantees free education, including science, and at the same time ensures equal access to quality education and science. Also, the optimal mechanisms of economic support of education, science and the main sources of financing specific to each country were defined.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44691971","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 : 2023-03-06DOI: 10.46398/cuestpol.4176.25
Serhii Donkov, N. Nykytchenko, M.S. Mishchuk, Mariia Lysa, Marian Kurliak
In this article we have studied the specific features of the liability of insolvency administrators for disciplinary offenses. The norms of the current legislation (in particular, the Bankruptcy Proceedings Code of Ukraine, the Tax Code of Ukraine, the Labor Code of Ukraine) regarding the determination of the legal status of insolvency officers and the specific features for bringing them to liability have been analysed in the article. The purpose of this research was to study problematic issues related to the liability of insolvency administrators. During the research general scientific methods, in particular dialectical, methods of analysis and synthesis, formal and legal, systematic approach have been used. It is concluded that disciplinary liability in the profession of insolvency officers in Ukraine is of mixed nature. It is partly civil, partly disciplinary and administrative liability -- in its essence -- and is not clearly regulated by the current legislation. Referring to the facts of bringing insolvency administrators to disciplinary liability even for a single offense has, on the one hand, elements of civil liability. On the other hand, disciplinary liability can also be imposed on insolvency administrators.
{"title":"Disciplinary liability of insolvency officers: current challenges","authors":"Serhii Donkov, N. Nykytchenko, M.S. Mishchuk, Mariia Lysa, Marian Kurliak","doi":"10.46398/cuestpol.4176.25","DOIUrl":"https://doi.org/10.46398/cuestpol.4176.25","url":null,"abstract":"In this article we have studied the specific features of the liability of insolvency administrators for disciplinary offenses. The norms of the current legislation (in particular, the Bankruptcy Proceedings Code of Ukraine, the Tax Code of Ukraine, the Labor Code of Ukraine) regarding the determination of the legal status of insolvency officers and the specific features for bringing them to liability have been analysed in the article. The purpose of this research was to study problematic issues related to the liability of insolvency administrators. During the research general scientific methods, in particular dialectical, methods of analysis and synthesis, formal and legal, systematic approach have been used. It is concluded that disciplinary liability in the profession of insolvency officers in Ukraine is of mixed nature. It is partly civil, partly disciplinary and administrative liability -- in its essence -- and is not clearly regulated by the current legislation. Referring to the facts of bringing insolvency administrators to disciplinary liability even for a single offense has, on the one hand, elements of civil liability. On the other hand, disciplinary liability can also be imposed on insolvency administrators.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44995889","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 : 2023-03-06DOI: 10.46398/cuestpol.4176.14
V. Nekhai, Y. Voloshchuk, Larisa Satyr, K. Voloshchuk, O. Kravets
The purpose of the article is to justify the need to develop the production of engineering products as an element of social growth in the global world and to improve the legal environment as a basis for this development. The research methodology is based on empirical, analytical methods, legal means of prevention, regulation and resolution of business development problems. Competitive struggle stimulates the development of enterprises, the problem creates new opportunities for business and market development stimulates social growth. The defined development chain is an element of globalization. It confirms the expediency of improving the legal field of activity of Ukrainian enterprises developing machine-building products in the direction of promoting the progress of their enterprises, import substitution and popularization of Ukrainian products. In the conclusions, it is recommended to use differentiation as a promising method of bringing Ukrainian enterprises to new markets, reaching foreign consumers and establishing them as a priority supplier of high-quality machine-building products.
{"title":"Production of engineering products as an element of social growth in the global world: legal factor of development","authors":"V. Nekhai, Y. Voloshchuk, Larisa Satyr, K. Voloshchuk, O. Kravets","doi":"10.46398/cuestpol.4176.14","DOIUrl":"https://doi.org/10.46398/cuestpol.4176.14","url":null,"abstract":"The purpose of the article is to justify the need to develop the production of engineering products as an element of social growth in the global world and to improve the legal environment as a basis for this development. The research methodology is based on empirical, analytical methods, legal means of prevention, regulation and resolution of business development problems. Competitive struggle stimulates the development of enterprises, the problem creates new opportunities for business and market development stimulates social growth. The defined development chain is an element of globalization. It confirms the expediency of improving the legal field of activity of Ukrainian enterprises developing machine-building products in the direction of promoting the progress of their enterprises, import substitution and popularization of Ukrainian products. In the conclusions, it is recommended to use differentiation as a promising method of bringing Ukrainian enterprises to new markets, reaching foreign consumers and establishing them as a priority supplier of high-quality machine-building products.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45752138","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}
The purpose of this scientific article was to compare the Composite Competitiveness Indicator (CI) in the Electoral Systems of Venezuela, Mexico and Chile. The research was documentary, which implied that the study data were obtained from bibliographic documents. The method used was the comparative one. As a result, the impact of political behavior, together with political conditions, the role of political parties, institutions, etc., in the change of the electoral system of each country is demonstrated. In conclusion, it was evidenced how the dynamics of the political and social contexts over the years determine the electoral system, varying from competitive to non-competitive, as was the case of the compared countries.
{"title":"Sistemas Electorales en América Latina","authors":"Gustavo Adolfo Soto Vásquez, Jesús Armando Zamora Suarez","doi":"10.46398/cuestpol.4176.51","DOIUrl":"https://doi.org/10.46398/cuestpol.4176.51","url":null,"abstract":"The purpose of this scientific article was to compare the Composite Competitiveness Indicator (CI) in the Electoral Systems of Venezuela, Mexico and Chile. The research was documentary, which implied that the study data were obtained from bibliographic documents. The method used was the comparative one. As a result, the impact of political behavior, together with political conditions, the role of political parties, institutions, etc., in the change of the electoral system of each country is demonstrated. In conclusion, it was evidenced how the dynamics of the political and social contexts over the years determine the electoral system, varying from competitive to non-competitive, as was the case of the compared countries.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47612757","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 : 2023-03-06DOI: 10.46398/cuestpol.4176.47
Génesis Valeria Vera Vélez, Fernando Guillermo Garay Delgado, Jorge Isaac Calle García
The research aims to determine the constitutional and legal provisions that regulate the legal figure of adoption in the Republic of Ecuador, with special attention to the existing normative contradictions between them. The research is of a descriptive documentary type, with a focus on analytical and hermeneutic methods. The Constitution recognizes the figure of adoption in its article 68. The Ecuadorian legal system does not handle full adoption as stipulated in article 152 of the Childhood and Adolescence Code. In view of the fact that in the Civil Code there is a notable conservation of the kinship ties of the adoptee with his family of origin and the exceptions that segregate the adopted children in matters of inheritance with the adopter’s family. It is concluded that it is necessary that the National Assembly, at the moment of issuing or reforming a new law for the protection of minors, carry out an exhaustive normative analysis so that this new codification is related and complementary to the laws that are in force, this with the objective that there are no legal anomalies between two norms and that an effective application and enjoyment of the rights of the minors can be given.
{"title":"Reflexiones sobre la adopción en Ecuador: consideraciones constitucionales y legales","authors":"Génesis Valeria Vera Vélez, Fernando Guillermo Garay Delgado, Jorge Isaac Calle García","doi":"10.46398/cuestpol.4176.47","DOIUrl":"https://doi.org/10.46398/cuestpol.4176.47","url":null,"abstract":"The research aims to determine the constitutional and legal provisions that regulate the legal figure of adoption in the Republic of Ecuador, with special attention to the existing normative contradictions between them. The research is of a descriptive documentary type, with a focus on analytical and hermeneutic methods. The Constitution recognizes the figure of adoption in its article 68. The Ecuadorian legal system does not handle full adoption as stipulated in article 152 of the Childhood and Adolescence Code. In view of the fact that in the Civil Code there is a notable conservation of the kinship ties of the adoptee with his family of origin and the exceptions that segregate the adopted children in matters of inheritance with the adopter’s family. It is concluded that it is necessary that the National Assembly, at the moment of issuing or reforming a new law for the protection of minors, carry out an exhaustive normative analysis so that this new codification is related and complementary to the laws that are in force, this with the objective that there are no legal anomalies between two norms and that an effective application and enjoyment of the rights of the minors can be given.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41699889","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 : 2023-03-06DOI: 10.46398/cuestpol.4176.09
I. Kostyrya, Oksana Biletska, M. Shevchenko, Olena Kropyvko, T. Lysenko
The objective was to analyze the European Union EU as a supranational association, which, in turn, leads to problems of state sovereignty. The methodology employed consisted of general and special scientific methods. Sovereignty is an archaic political construct. There are two opposites: one focuses on the state and proclaims that sovereignty resides in a particular level of government, the parliament and the government derived from it; the other is the multilevel approach that presents sovereignty through a new prism, claiming that the concept itself is obsolete, challenging globalization and integration. The ability and right of existing states to exercise supreme authority over their territory, control access to it and defend their citizens has become more difficult to exercise. To conclude, globalization, transnational trade, culture and travel are just some of the factors that have challenged the effective capacity of the state. To adapt to these transformations, sovereignties are joined or shared with other states, as states are the main actors in an organization such as the EU because their interaction is so complex and intense that it has modified their independence.
{"title":"The European Union as a supranational association and the problem of state sovereignty","authors":"I. Kostyrya, Oksana Biletska, M. Shevchenko, Olena Kropyvko, T. Lysenko","doi":"10.46398/cuestpol.4176.09","DOIUrl":"https://doi.org/10.46398/cuestpol.4176.09","url":null,"abstract":"The objective was to analyze the European Union EU as a supranational association, which, in turn, leads to problems of state sovereignty. The methodology employed consisted of general and special scientific methods. Sovereignty is an archaic political construct. There are two opposites: one focuses on the state and proclaims that sovereignty resides in a particular level of government, the parliament and the government derived from it; the other is the multilevel approach that presents sovereignty through a new prism, claiming that the concept itself is obsolete, challenging globalization and integration. The ability and right of existing states to exercise supreme authority over their territory, control access to it and defend their citizens has become more difficult to exercise. To conclude, globalization, transnational trade, culture and travel are just some of the factors that have challenged the effective capacity of the state. To adapt to these transformations, sovereignties are joined or shared with other states, as states are the main actors in an organization such as the EU because their interaction is so complex and intense that it has modified their independence.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47022929","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 : 2023-03-06DOI: 10.46398/cuestpol.4176.43
O. Horoshynskyi
The aim of the research was the examination of modern methods of crime prevention related to the excess of official power or authority in the law enforcement system. The methodological basis of the study was the dialectical method of scientific knowledge, as the main method of objective and comprehensive analysis. The results highlight that over the past eight years in Ukraine 391 judgments, 4258 decisions on procedural actions were made during the consideration of crimes under Article 365 of the Criminal Code of Ukraine. The study of the Unified State Register of Judicial Decisions shows that the largest number of verdicts was pronounced in 2014 - 78, in 2015 - 58, in 2016 - 50, in 2017 - 46, the smallest number in 2018 - 28, in 2019 twice as much in comparison with the previous year - 46, in 2020 - 38, in 2021 - 47. Everything allows to conclude that, measures to prevent crimes related to abuse of power should be comprehensive. In particular, they must be effectively correlated with the legislative framework of the state’s protection and prevention policy, which signify the essential basis of any substantive democracy.
{"title":"Modern methods of preventing crimes related to the excess of power or official authority in the system of law enforcement agencies","authors":"O. Horoshynskyi","doi":"10.46398/cuestpol.4176.43","DOIUrl":"https://doi.org/10.46398/cuestpol.4176.43","url":null,"abstract":"The aim of the research was the examination of modern methods of crime prevention related to the excess of official power or authority in the law enforcement system. The methodological basis of the study was the dialectical method of scientific knowledge, as the main method of objective and comprehensive analysis. The results highlight that over the past eight years in Ukraine 391 judgments, 4258 decisions on procedural actions were made during the consideration of crimes under Article 365 of the Criminal Code of Ukraine. The study of the Unified State Register of Judicial Decisions shows that the largest number of verdicts was pronounced in 2014 - 78, in 2015 - 58, in 2016 - 50, in 2017 - 46, the smallest number in 2018 - 28, in 2019 twice as much in comparison with the previous year - 46, in 2020 - 38, in 2021 - 47. Everything allows to conclude that, measures to prevent crimes related to abuse of power should be comprehensive. In particular, they must be effectively correlated with the legislative framework of the state’s protection and prevention policy, which signify the essential basis of any substantive democracy.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49549051","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 : 2023-03-06DOI: 10.46398/cuestpol.4176.15
V. Nikitenko, V. Voronkova, R. Oleksenko, Larysa Filoretova, Liudmyla Lanoviuk, Viktoriia Khvist
The aim was to investigate the theoretical and practical aspects of civilization in the context of the challenges of modern global development, to analyze a new model of civilization, within which the basic problems of civilization and a solution to the consequences of development proposed by the civilizational process are outlined. The theme is the development of civilization of the world regions and the formation of a new strategy of the NATO Alliance. The methodology consists in the use of the synergetic method, agile methodology, political modeling, forecasting, which help to see the challenges and opportunities of the global development of modern civilization in a new way. As a result, a distinction was made between the concepts of civilization as a sociocultural phenomenon and culture as a measure of human development, because civilization is a set of political conditions that determines the development of a person and a society. The analysis of the problems of civilizational development of the world regions in the context of challenges and opportunities, the objective processes of modern development and the formation of a new concept of civilizational protection of the international society was carried out.
{"title":"Perspectives of civilizational political development of world regions in the context of current challenges and opportunities","authors":"V. Nikitenko, V. Voronkova, R. Oleksenko, Larysa Filoretova, Liudmyla Lanoviuk, Viktoriia Khvist","doi":"10.46398/cuestpol.4176.15","DOIUrl":"https://doi.org/10.46398/cuestpol.4176.15","url":null,"abstract":"The aim was to investigate the theoretical and practical aspects of civilization in the context of the challenges of modern global development, to analyze a new model of civilization, within which the basic problems of civilization and a solution to the consequences of development proposed by the civilizational process are outlined. The theme is the development of civilization of the world regions and the formation of a new strategy of the NATO Alliance. The methodology consists in the use of the synergetic method, agile methodology, political modeling, forecasting, which help to see the challenges and opportunities of the global development of modern civilization in a new way. As a result, a distinction was made between the concepts of civilization as a sociocultural phenomenon and culture as a measure of human development, because civilization is a set of political conditions that determines the development of a person and a society. The analysis of the problems of civilizational development of the world regions in the context of challenges and opportunities, the objective processes of modern development and the formation of a new concept of civilizational protection of the international society was carried out.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70500775","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 : 2023-03-06DOI: 10.46398/cuestpol.4176.39
Carlos Cedeño Cevallos
The general objective of the research consists of relating the states of exception with the doctrine of administrative law, exposed by García de Enterría (2016), called fight against the immunities of power, in order to conceptualize the decrees with force of law on states of exception; with special reference to the decrees with force of law on states of exception for public calamity pandemic COVID-19, issued by the President of the Republic of Ecuador throughout the national territory, during the period from March 17, 2020 to September 1, 2020. The methodology refers to the documentary research strategy, supported by the analytical method. It is concluded that the COVID-19 pandemic puts at risk the existential conditions of the State: population, territory and government, due to the immediate spread of the coronavirus and the President of the Republic of Ecuador finds himself in the need to dictate acts of normative content, subject to internal - political and legal - and international control, containing measures of restriction and suspension of rights in a discretionary manner and with regulated elements, based on the principle of proportionality, called decrees with force of law on states of exception.
研究的总体目标包括将例外状态与García de Enterría(2016)所揭示的行政法理论(称为反对权力豁免的斗争)联系起来，以便概念化关于例外状态的具有法律效力的法令;特别提及厄瓜多尔共和国总统在2020年3月17日至2020年9月1日期间在全国发布的关于COVID-19公共灾难大流行例外状态的具有法律效力的法令。方法论是指文献研究策略，辅以分析方法。结论是，2019冠状病毒病大流行危及国家的生存条件:人口、领土和政府，由于冠状病毒的直接传播，厄瓜多尔共和国总统发现自己需要颁布具有规范性内容的行为，受国内-政治和法律-和国际控制，包含以酌情方式限制和暂停权利的措施，并根据相称性原则规定要素，称为对例外状态具有法律效力的法令。
{"title":"Estados de excepción y la lucha contra las inmunidades del poder: COVID-19 en Ecuador","authors":"Carlos Cedeño Cevallos","doi":"10.46398/cuestpol.4176.39","DOIUrl":"https://doi.org/10.46398/cuestpol.4176.39","url":null,"abstract":"The general objective of the research consists of relating the states of exception with the doctrine of administrative law, exposed by García de Enterría (2016), called fight against the immunities of power, in order to conceptualize the decrees with force of law on states of exception; with special reference to the decrees with force of law on states of exception for public calamity pandemic COVID-19, issued by the President of the Republic of Ecuador throughout the national territory, during the period from March 17, 2020 to September 1, 2020. The methodology refers to the documentary research strategy, supported by the analytical method. It is concluded that the COVID-19 pandemic puts at risk the existential conditions of the State: population, territory and government, due to the immediate spread of the coronavirus and the President of the Republic of Ecuador finds himself in the need to dictate acts of normative content, subject to internal - political and legal - and international control, containing measures of restriction and suspension of rights in a discretionary manner and with regulated elements, based on the principle of proportionality, called decrees with force of law on states of exception.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45427893","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}
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