Constitutional and legal bases of public control in the countries of modern Asia (on the example of the Republic of South Ossetia and the Republic of Abkhazia): comparative legal analysis

The article is devoted to the analysis of the constitutional and legal foundations of public control in the countries of modern Asia on the example of the Republic of South Ossetia and the Republic of Abkhazia. This region of the world is located at the junction of Europe and Asia and is important for the development of the Eurasian continent. The relevance of the research topic is also due to the fact that these republics are recognized by only a few states and partially recognized states, being considered by the UN as part of Georgia, but they have made an original but largely successful attempt to form national legal systems, the cornerstone of which is the institution of human and civil rights, freedoms and legitimate interests, which allows to qualify these states as belonging to the modern democratic legal social states with a republican form of government. The role and importance of this institution of civil society as the leading legal guarantee for the implementation and protection of the system of constitutional principles and the entire system of rights, freedoms and legitimate interests of citizens of the republics is substantiated. The article examines the current state of the legislation of the mentioned countries in the field of public control, conducts a comparative legal analysis of positive and negative examples of the legal regulation of public relations in this area of society and the state. Conclusions: the system of constitutional and legal regulation of public control in both countries is similar (but in the Republic of Abkhazia it was formed earlier and serves in many ways as a model for the Republic of South Ossetia); the constitutions of both states do not enshrine the concepts of "public control" and "civil society"; there are no laws on the basics of public control, but there are laws on the public chambers of these republics; in general, in the Republic of Abkhazia, this institution of civil society is represented in a large number of laws and subordinate regulatory legal acts; the legislative and judicial branches of government have been removed from public control; the creation of public chambers and councils under state and local government bodies is not mandatory; the system of their formation is weakly democratic; subjects of public control have only advisory powers, have weak funding and insufficient use of modern digital technologies; forms and methods of public control are poorly developed.

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Publication Details

Journal
Административное и муниципальное право
Published
2025-05-01
DOI
https://doi.org/10.7256/2454-0595.2025.5.75971
Primary Topic
Legal and Policy Issues
Type
article
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article

Constitutional and legal bases of public control in the countries of modern Asia (on the example of the Republic of South Ossetia and the Republic of Abkhazia): comparative legal analysis

Vitalii Viktorovich Goncharov, Liana Barashyan, Marina Stanislavovna Savchenko, Alina Olegovna Sisoeva
Административное и муниципальное право
Legal and Policy Issues
article

Constitutional and legal bases of public control in the countries of modern Asia (on the example of the Republic of South Ossetia and the Republic of Abkhazia): comparative legal analysis

Vitalii Viktorovich Goncharov, Liana Barashyan, Marina Stanislavovna Savchenko, Alina Olegovna Sisoeva
article en

Abstract

The article is devoted to the analysis of the constitutional and legal foundations of public control in the countries of modern Asia on the example of the Republic of South Ossetia and the Republic of Abkhazia. This region of the world is located at the junction of Europe and Asia and is important for the development of the Eurasian continent. The relevance of the research topic is also due to the fact that these republics are recognized by only a few states and partially recognized states, being considered by the UN as part of Georgia, but they have made an original but largely successful attempt to form national legal systems, the cornerstone of which is the institution of human and civil rights, freedoms and legitimate interests, which allows to qualify these states as belonging to the modern democratic legal social states with a republican form of government. The role and importance of this institution of civil society as the leading legal guarantee for the implementation and protection of the system of constitutional principles and the entire system of rights, freedoms and legitimate interests of citizens of the republics is substantiated. The article examines the current state of the legislation of the mentioned countries in the field of public control, conducts a comparative legal analysis of positive and negative examples of the legal regulation of public relations in this area of society and the state. Conclusions: the system of constitutional and legal regulation of public control in both countries is similar (but in the Republic of Abkhazia it was formed earlier and serves in many ways as a model for the Republic of South Ossetia); the constitutions of both states do not enshrine the concepts of "public control" and "civil society"; there are no laws on the basics of public control, but there are laws on the public chambers of these republics; in general, in the Republic of Abkhazia, this institution of civil society is represented in a large number of laws and subordinate regulatory legal acts; the legislative and judicial branches of government have been removed from public control; the creation of public chambers and councils under state and local government bodies is not mandatory; the system of their formation is weakly democratic; subjects of public control have only advisory powers, have weak funding and insufficient use of modern digital technologies; forms and methods of public control are poorly developed.

Административное и муниципальное право(5)
Kuban State University (RU), Institute of Service and Entrepreneurship of DGTU (RU), Dubna State University (RU), Kuban Institute of International Business and Management (RU)
Openalex Percentile: Top 52%
Legal and Policy Issues
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