Forthcoming articles

 


International Journal of Public Law and Policy

 

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International Journal of Public Law and Policy (5 papers in press)

 

Regular Issues

 

  • Legal Aspects in Formation of Status of State Officials in the RK and EU Public Administration Systems   Order a copy of this article
    by Djamilya Ospanova, Duman Kussainov, Rysgul Abilsheyeva, Ainur Kussainova, Bagbat Aueshova, Bagit Akhmetova 
    Abstract: The paper shows that ineffective and out-of-date control methods formed during the previous decades currently arouse mistrust to the public service among the publicity and require its reformation together with the entire modernization of the public administration with the subsequent approximation of the government institutions of the Republic of Kazakhstan to the standards of the European Union (EU). So, among the main tasks of the State Targeted Programme of Development of the Public Service for the Period until 2030 on solution of the public service development problems and improvement of human resources management technology at the public service are scientific support of the public service system development, definition of the methods and mechanism of the public service modernization in accordance with the principles of the EU operation. Thats exactly why study of the foreign experience of modernization of the personnel processes at the public service becomes greatly relevant and has both the theoretic and practical significance regarding their introduction into the RK. The objective of the paper is to implement the comparative analysis of the functional peculiarities of human resourcing mechanism in formation of the status of state officials of the government authorities in the EU countries and to define the perspectives of its adaptation in the Republic of Kazakhstan. The practical relevance of the paper is defined by the fact that public service according to its functions remains a necessary basis for development and overcoming negative tendencies and formation of the aggregate picture in the perception of the state image. The conclusions of the paper are the fact that the legal status of the state officials is formed on the basis of the tasks of social and economic development and the political image of the state.
    Keywords: status of state officials; legal basis; the Republic of Kazakhstan; the European Union; public administration system.

  • EVOLVING LEGAL FRAMEWORK AND HISTORY OF NATIONAL MINORITY COUNCILS IN SERBIA   Order a copy of this article
    by Tamas Korhecz 
    Abstract: Serbia introduced ethnic non-territorial autonomy through elected national minority councils into its legal system in 2002. The evolvement of the respective legal framework, the experiences of democratic elections, and the functioning of the national minority councils provide an opportunity for presenting, analysing, and evaluating this legally regulated institution of non-territorial autonomy. This article investigates both the legislative framework and the functioning of national minority councils. It is argued that national minority councils were legalised primarily to fit the plans and demands of the Hungarian minority, though they at the same time contributed to the integration of national minorities in Serbia and to the inter-ethnic democracy in general. Possible future amendments have to resolve contradictions between the Law on National Councils and various laws on education and culture and should also improve the legislative framework in order to protect and ensure individual human rights against abuses by NMCs and political plurality within minority communities.
    Keywords: minority self-government; national minority councils; Serbia; effective participation of minorities in public life; public law.
    DOI: 10.1504/IJPLAP.2018.10011734
     
  • International and legal aspects of citizenship on the basis of analysis of the legislation in Kazakhstan and Great Britain   Order a copy of this article
    by Aidana Otynshiyeva, Alua Ibrayeva, Joshua Castellino, Dina Baimakhanova, Akhilbek Baikenzheyev 
    Abstract: The purpose of this article is to examine the international legal aspects of citizenship on the basis of the laws of Kazakhstan and the UK analysis. The author used general theoretical and specific scientific investigation methods. Based on the analysis of Kazakhstan legislation, it was concluded that the methods of obtaining Kazakhstans citizenship are: 1) by birth; 2) as a result of naturalisation; 3) on the basis of interstate contracts of Kazakhstan; 4) on the grounds provided by the Law of Kazakhstan on citizenship There are also ways to obtain UK citizenship under the British Nationality Act of 1981: 1) by birth; 2) by origin; 3) by naturalisation; 4) by registration. Also author concluded that bipatrism adversely affects the state and carries a large risk to the state, including the loss of independence and sovereignty.
    Keywords: bipatrism; citizenship; naturalisation; acquisition of citizenship; migration; Kazakhstan.
    DOI: 10.1504/IJPLAP.2018.10016276
     
  • Enforcement of environmental pollution control laws: A Malaysian case study   Order a copy of this article
    by Mariani Ariffin 
    Abstract: The increased environmental awareness in the 1970s prompted nations to enact laws that criminalize polluters and to enforce existing laws more stringently. This article reviews criminal enforcement of environmental violations in Malaysia by analysing the trend in environmental crime prosecutions between 2018 - 2015. The study found that the number of prosecutions continued to fall with a marked drop during the study period. Based on theoretical literature on environmental law and enforcement, the paper points out various factors related to practical difficulties and challenges to pursue criminal enforcement against environmental offenders that might partly explain the descending prosecution trend. In addition, the cooperative enforcement strategy favoured by Malaysian regulatory agency could also play a significant role in the downward prosecution trend. In light of the risk of regulatory capture, the article suggests that the cooperative enforcement, which favours administrative sanctions, should be complemented by prosecution against certain environmental violators to ensure deterrence. The results of the study are important to provide baseline information to stimulate intellectual discourse on the roles of criminal justice system within the existing regulatory enforcement strategy and the state of environmental problems in Malaysia.
    Keywords: air pollution; crime; hazardous waste; law enforcement; prosecution; regulatory capture; Southeast Asia; trends; water pollution.

  • THE CO-OPERATIVE COMPLIANCE MODEL IN TAXATION: WHAT IS THE FUTURE?   Order a copy of this article
    by Tereza Rogic Lugaric 
    Abstract: Co-operative compliance programmes enable tax administrations to stimulate the taxpayer to co-operate and create a trust-based relationship, which is a precondition for voluntary tax compliance. Such programmes have become a major part of the tax system in over 30 countries with few models serving as role-models. The main objective of this paper is to explore the application of the co-operative compliance model using the methodology of comparison of five different national models American, Dutch, Australian, British and French. Results demonstrate that it is possible to identify two conceptual approaches to co-operative compliance.
    Keywords: co-operative compliance; taxpayer; revenue authority; good tax governance.