Papers by Alina Murtishcheva
Theory and practice of jurisprudence, 2014
Special Issue of 2022 was launched We are happy to announce the Special issue of 2022 related to ... more Special Issue of 2022 was launched We are happy to announce the Special issue of 2022 related to the war in Ukraine has been published! In this issue, we have collected articles and notes written by authors on various topics related to the war in Ukraine. Among the research articles, we have a few contributions on the most requested issues. Our authors studied topical questions and tried to find solutions where they found a lack of proper regulations, gaps, and insufficient information on the reality of the war in Ukraine, using the experience of other war conflicts, modern doctrines, and approaches to argue for their conclusions and recommendations. I would like to express my endless thank to my colleagues, scholars from Ukraine who are working amid the war on topics that are important for all – for the protection of human rights and to develop Ukrainian law and mechanisms for its implementation. I thank all our international authors for their valuable contributions to this discussion. I truly believe that all the conclusions will be useful for further reforms and the main goal – to help prevent war and minimise losses in ongoing conflicts. I am also happy to have the opportunity to announce a joint discussion with the participation of our authors and our audience – we would be happy to share results and exchange opinions with all who are interested. Please see the announcement on our website. Enjoy reading and we welcome you to comment and review! Editor-in-Chief’s Note About the Special Issue on Access to Justice in Ukraine amid War Iryna Izarova And more here https://ajee-journal.com/special-issue! Please find EPUB version of the Issue available! Our previous issue 4/2022 is available here https://ajee-journal.com/issue-4-2022 The whole our archive is here https://ajee-journal.com/issues More contributions may be found here: https://ajee-journal.com/ajee-gateways
Juridical scientific and electronic journal, 2021
Bulletin of Kharkiv National University of Internal Affairs
The article is devoted to the study of the formation and development of legislation on municipal ... more The article is devoted to the study of the formation and development of legislation on municipal service in the Republic of Lithuania. Individual factors that influenced the evolution of legal regulation of public service have been determined, in particular, the impact of adapting legislation to the requirements of the European Union at the stage of Lithuania's membership has been analyzed. The stages of the development of the legislation on the service have been singled out, the main novelties of the legal regulation of the institute under study at each of the stages have been analyzed. A conclusion has been made about a sufficiently centralized model of legal regulation, which provides for unified regulation of state and municipal service. Despite the fact that this model is determined by national characteristics, it is emphasized that the Republic of Lithuania successfully applies it in practice, and therefore the legislation in the field of municipal service is considered to...
THE FORMATION AND PECULIARITIES OF THE IMPLEMENTATION OF THE EUROPEAN UNION’S EASTERN POLICY
IMPROVEMENT OF THE LEGAL CULTURE AS A BASIS FOR THE FORMATION OF CIVIL SOCIETY OF MODERN TIMES, 2020
International scientific journal Internauka Series Juridical Sciences, 2017
<jats:p>The article is devoted to the study of different voting forms in foreign countries.... more <jats:p>The article is devoted to the study of different voting forms in foreign countries. The work identifies the reasons for the voting diversity forms: reducing the electorate to voting attention, the introduction of information technologies. It was found that the most widespread voting form is personal voting at the electoral address place, which can take place with the help of ballots and electoral machines. It was noted that the main disadvantage of this expressing will option is the decrease in the number of voters, and more recently, the inability of the authorities to ensure the citizens safety at polling stations due to the coronavirus pandemic. The paper describes the absentee voting essence (by mail, Internet, etc.). The disadvantage of this expression of will option is the possibility of administrative influence from the authorities. Absentee voting is classified into general and individual voting. Using the polish example, the introduction of mail-order voting in the 2020 presidential elections is shown. It is indicated that voting by post is classified into permissive and notification, internal and external. The voting essence procedure by mail is demonstrated by the example of Austria, USA, Switzerland, Great Britain, Australia. It has been established that in the American doctrine the concepts of «absentee voting» and «voting by mail» are synonymous. The article reveals the essence of voting abroad as one of the options for expression of will, which is used when communication between countries is limited or terminated. This type of voting is considered on the example of Brazil, Portugal, Romania, USA. The work also examines early voting, which is spreading in connection with migration processes and the pandemic, on the example of Finland, Japan, Canada. The essence of a rare form of expression of will — voting by proxy is determined. This type of voting is considered on the example of Monaco, Nauru, Vanuatu. The place of electronic voting in the system of voting forms is outlined. It is noted that its appearance is due to the low political activity of voters. The evoting procedure is analyzed in Estonia, where it still exists, and in the UK and the Netherlands, where this form of expression of will has already been abandoned. The disadvantages of electronic voting have been identified: distrust of voters, risks of interference in the work of the system, and others.</jats:p>
Revista Amazonia Investiga, 2021
In the conditions of proper functioning of society, the settlement of labor relations is a remark... more In the conditions of proper functioning of society, the settlement of labor relations is a remarkably relevant issue, especially during global crises and shocks. Significant changes in the regulation of this issue in almost all countries have introduced the initiation of quarantine due to the quarantine regime. Fulfilling the duty of states to guarantee the protection and realization of the right to work in special conditions is a priority in ensuring the proper functioning of human life. The object of the study is the constitutional guarantees of the right to work due to the quarantine regime. The purpose of the work is to analyze the constitutional guarantees of the right to work in a COVID-19 pandemic. During the study, the following methods were used: historical, generalization, formal-legal, analysis of normative documents, articles, and monographs, comparative-legal, and the social-legal experiment. As a conclusion of the study, the peculiarities of the transformation of const...
International scientific journal "Internauka". Series: "Juridical Sciences"
Анотація: Стаття присвячена розгляду інституту судового конституційного контролю в окремих держав... more Анотація: Стаття присвячена розгляду інституту судового конституційного контролю в окремих державах-членах Європейського Союзу в аспекті забезпечення конституційної законності в урядовій діяльності. Визначені окремі тенденції державного розвитку європейських країн, що вплинули на сучасне оформлення інституту конституційної юрисдикції.
Аннотация: Статья посвящена рассмотрению института судебного конституционного контроля в отдельных государствах-членах Европейского Союза в аспекте обеспечения конституционной законности в правительственной деятельности. Определены отдельные тенденции государственного развития европейских стран, которые повлияли на современное оформление института конституционной юрисдикции.
Summary: The article deals with general matters of constitutional control over the statutory acts in different models of constitutional jurisdiction in the European Union member states in the aspect of ensuring constitutional legality in government activities. Certain trends in the state development of European countries, which influenced the modern design of the institution of constitutional jurisdiction, have been identified. On the bases of the concluded research attention is drawn to the fact that not all of the EU member states have powerful institution of constitutional review due to traditions of state construction, but it can be powerful tool of ensuring legality of all the branches of power activities.
The research is devoted to the study of the institution of constitutional and legal liability of ... more The research is devoted to the study of the institution of constitutional and legal liability of the highest authorities influence on the development of civil society in a modern legal state and strengthening the principle of constitutional legality. The general stages of the formation and development of constitutional legality are characterized, approaches to determining its essence in modern science are given. The characteristics of the means of ensuring constitutional legality, in particular, constitutional control and constitutional and legal liability are given. The necessity of further development of constitutional and legal liability of public authorities as an institution that might contribute to strengthening the principle of constitutional legality and the development of civil society has been determined.
Books by Alina Murtishcheva
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Papers by Alina Murtishcheva
Аннотация: Статья посвящена рассмотрению института судебного конституционного контроля в отдельных государствах-членах Европейского Союза в аспекте обеспечения конституционной законности в правительственной деятельности. Определены отдельные тенденции государственного развития европейских стран, которые повлияли на современное оформление института конституционной юрисдикции.
Summary: The article deals with general matters of constitutional control over the statutory acts in different models of constitutional jurisdiction in the European Union member states in the aspect of ensuring constitutional legality in government activities. Certain trends in the state development of European countries, which influenced the modern design of the institution of constitutional jurisdiction, have been identified. On the bases of the concluded research attention is drawn to the fact that not all of the EU member states have powerful institution of constitutional review due to traditions of state construction, but it can be powerful tool of ensuring legality of all the branches of power activities.
Books by Alina Murtishcheva
Аннотация: Статья посвящена рассмотрению института судебного конституционного контроля в отдельных государствах-членах Европейского Союза в аспекте обеспечения конституционной законности в правительственной деятельности. Определены отдельные тенденции государственного развития европейских стран, которые повлияли на современное оформление института конституционной юрисдикции.
Summary: The article deals with general matters of constitutional control over the statutory acts in different models of constitutional jurisdiction in the European Union member states in the aspect of ensuring constitutional legality in government activities. Certain trends in the state development of European countries, which influenced the modern design of the institution of constitutional jurisdiction, have been identified. On the bases of the concluded research attention is drawn to the fact that not all of the EU member states have powerful institution of constitutional review due to traditions of state construction, but it can be powerful tool of ensuring legality of all the branches of power activities.