前苏联国家的议会

IF 0.3 Q3 LAW
D. M. Khudoley, K. M. Khudoley
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引用次数: 0

摘要

引言:本文研究了独联体国家议会的结构、形成程序和权力。这些都是通过权力分立理论的棱镜来考虑的。我们还对前苏联各国议员的地位——他们的权利、义务、限制和责任——进行了比较研究。我们研究的目的是追踪所有权力部门相互渗透到彼此职能中的情况,这对独联体国家立法机构的权力及其履行职能的方式产生了影响。方法:在一般科学方法的基础上,采用比较法律方法和系统方法等具体科学方法。结果:研究表明,许多前苏联国家倾向于采用所谓的合理化议会制,这是一种借鉴法国和其他一些国家宪政实践的制度。独联体国家中有两个主要趋势:一些国家国家元首的权力得到加强,另一些国家的权力受到削弱,这不能不影响到议会的结构和权力。在哈萨克斯坦等国家,议会的权力正在扩大,国家元首对议会组成及其自治活动的影响正在减少。然而,在白俄罗斯和土库曼斯坦,观察到相反的趋势。结论:在一些国家,采用了盎格鲁-撒克逊国家议会实践中最典型的方法,即议会穿梭法和口袋否决权。因此,独联体国家的议会制对采用在其他国家的单一国家法律制度框架内无法找到的各种法律机构和规范持开放态度。该条介绍了独联体和波罗的海国家议会豁免的结构,包括议员的豁免和赔偿(无责任豁免和证人豁免以及获得报酬的权利)。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PARLIAMENTS IN THE STATES OF THE FORMER SOVIET UNION
Introduction: the article studies the structure, formation procedures, and powers of parliaments in the CIS countries. These are considered through the prism of the theory of separation of powers. We also carried out a comparative study of the status of parliamentarians in the countries of the ormer Soviet Union – their rights, duties, restrictions, and responsibilities. The purpose of our research is to trace the mutual penetration of all the branches of power into the functions of one another, which has an impact on the powers of legislative bodies in the CIS countries and the way they perform their functions. Methods: apart from general scientific methods, we employed specific scientific methods, including comparative legal and systemic ones. Results: the study has shown that many ex-USSR countries tend to adopt so called rationalized parliamentarism, a system borrowed from the constitutional practice of France and some other foreign countries. There are noted two major trends in the CIS countries: the strengthening of the powers of heads of state in some countries and their weakening in others, which cannot but affect the structures and powers of the parliaments. In countries such as Kazakhstan, the powers of the parliament are expanding and the influence of the head of state on the formation of the parliament and its autonomous activities is reducing. However, in Belarus and Turkmenistan, an opposite trend has been observed. Conclusions: in some states, the methods mostly typical for the parliamentary practices of Anglo-Saxon countries are applied, namely the parliamentary shuttle method and pocket veto. Thus, parliamentarism in the CIS countries turned out to be open to adopting various legal institutions and norms that cannot be found within the framework of a single national legal system in other foreign countries. The article describes the structure of parliamentary immunity in the CIS and Baltic countries, including parliamentarians’ immunity and indemnity (non-responsibility and witness immunity as well as the right to remuneration).
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