Constitutional and legal foundations of public control in the countries of modern Asia (on the example of the Federal Democratic Republic of Nepal and the Kingdom of Bhutan): comparative legal analysis

This article is devoted to a comparative legal analysis of the constitutional and legal foundations of public control in the countries of modern Asia on the example of the Federal Democratic Republic of Nepal (hereinafter – Nepal) and the Kingdom of Bhutan (hereinafter - Bhutan). The relevance of the research topic is due to a number of reasons: a small number of publications have been devoted to the problems of the current state and prospects for the development of constitutionalism in these countries in the domestic scientific and educational literature; these States, despite the absence of a common border, are inhabited to a large extent by the same ethnic groups; in Nepal and Bhutan, legislation relates differently to the institution of human and civil rights and freedoms, as well as to the ability of citizens to form public organizations and trade unions and participate in their activities. A diametrically opposite opinion is expressed regarding the possibility of citizens alone, or as part of public and trade union organizations, to exercise control over the activities of public authorities; neglect of the development of the institute of public control in Nepal, in our opinion, was the main reason for the "orange revolution" that took place in September 2025 in this state. A number of scientific research methods are used in the work, in particular: formal-logical; historical-legal; comparative-legal; method of analyzing specific legal situations; statistical; sociological. Negative examples of legal regulation of the institution of public control in Nepal and Bhutan are considered, in particular: civil society in both countries is under pressure from a number of factors, especially support of the restoration of the monarchy (in Nepal); the control of civil society is not enshrined in the constitutions; in both countries there are no laws on this issue; trade unions and certain types of public organizations are prohibited in Bhutan; public control in Bhutan is actually provided for, but it is carried out only by organizations created by public authorities, and is usually aimed at protecting the rights of Bhutanese citizens (subjects) residing or located outside the country; the mechanism for forming subjects of public control in Nepal is undemocratic; Nepalese authorities actively apply administrative measures to influence public organizations and trade unions, which threatens to use their discontent to create "orange revolutions".