Reference:
Dobrobaba M.B..
Doctrinal Characteristic
of Disciplinary Responsibility of State Servants
in the Foreign Countries
// Journal of Foreign Legislation and Comparative Law.
2013. № 4.
P. 596-605.
DOI: 10.7256/1991-3222.2013.4.63582 URL: https://en.nbpublish.com/library_read_article.php?id=63582
Abstract:
The author substantiates the need for a comparative legal method to identify the benefits of legal regulation of
disciplinary responsibility of state servants in foreign countries for their subsequent implementation in the domestic service
and delict legislation.
On the basis of allocation of the currently existing models of organization of the state service and the characteristics of the
legal regulation of public service in foreign countries, it is concluded that it is within the continental (Romano-Germanic)
model of vocational institute officials falls under the administrative regime of legal regulation, which causes limiting the
scope of ongoing research.
For the purpose of doctrinal characteristics of disciplinary responsibility of civil servants in foreign countries identified
specific characteristics that distinguish the disciplinary responsibility of civil servants from the disciplinary responsibility
of ordinary employees according to the norms of labor law: the target and functional purpose; the sources of legal regulation;
the subjects of disciplinary responsibility; the features of reason to use; the types of interventions; the procedure for
the imposition of sanctions.
Keywords:
state service, civil servants, professional officers, ordinary workers, public relations, disciplinary responsibility, the disciplinary delict, disciplinary sanctions, imposition of sanctions, disciplinary law.
Reference:
Fake F.F..
Efficiency of Law: From the Goal Towards Result
// Journal of Foreign Legislation and Comparative Law.
2009. № 3.
DOI: 10.7256/1991-3222.2009.3.56992 URL: https://en.nbpublish.com/library_read_article.php?id=56992
Abstract:
The article is devoted to the effectiveness of legislation. There are methods for evaluating the effectiveness of various branches of law on the following main blocks: the impact of objects "setting goals", "forms the legal effects", "method of influence", "the perception and implementation of standards", "the results of the rules". It is noted that the legal regulation is effective in the event that the achievement of various social problems is provided at minimal cost
Keywords:
effectiveness of the law, the criteria for the effectiveness of the law, the mechanism of legal regulation, enforcement, cycles of development rights
Reference:
Fake F.F..
Organization of Normative Activities in the Republic of Belarus
// Journal of Foreign Legislation and Comparative Law.
2009. № 3.
DOI: 10.7256/1991-3222.2009.3.56993 URL: https://en.nbpublish.com/library_read_article.php?id=56993
Abstract:
The article deals with selected issues of normative activities organization in the Republic of Belarus since the establishment of Belarus as an independent state to the present day. It is said to regulate the basic methodological aspects of the normative activities law On normative legal acts of the Republic of Belarus. Issues are also addressed to the examination of draft laws and regulations, codification and recodification legislation, the preparation of laws of the Republic of Belarus
Keywords:
normative activity, the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Law On normative legal acts of the Republic of Belarus, examination, codification, recodification, laws of the Republic of Belarus
Reference:
Fake F.F..
Problem of the Freedom of Discretion in the Sphere of Administrative Planning
// Journal of Foreign Legislation and Comparative Law.
2009. № 3.
DOI: 10.7256/1991-3222.2009.3.56994 URL: https://en.nbpublish.com/library_read_article.php?id=56994
Abstract:
Article is devoted to evaluation of administrative decisions in the field of planning.
The author notes that discretion may not be sufficiently restricted by law and provides approaches on solving this problem in the Anglo-American and civil law systems on the example of Britain and Germany. The conclusion about the possibility of applying the criterion of proportionality to the legitimate decisions of the planning, similar to German practice.
Keywords:
discretion of the executive, administrative law, public planning, the principle of proportionality