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SCREENING PROCEEDINGS FOR THE ACCESS TO SECRET INFORMATION

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Zalesny J.

Ius Novum

2009

issue 1

104-115

The aim of the work is to analyze screening procedures for the access to secret information. It shows its complexity, dynamics and procedural stipulations. On the one hand, they are to guarantee tightness in the access to secret information; on the other hand, they should protect an individual from the arbitrariness of governing bodies. The main method adopted for the examination of the problem was the analysis of the standard material, opinions presented by the subject matter doctrine and judicature. As a result of the use of the above mentioned research methods, it is stated in the work that legal regulations in the field of access to secret information used in Poland are in agreement with the standards of a state of law and, at the same time, enable proper protection of materials which require protection

PRESIDENT AND THE STATE DUMA IN THE PROCESS OF APPOINTING THE GOVERNMENT OF THE RUSSIAN FEDERATION (Prezydent a Duma Panstwowa w procesie powolywania Rzadu Federacji Rosyjskiej)

100%

Zalesny J.

Ius Novum

2010

issue 2

67-80

The analysis is aimed at describing and explaining the mechanisms of appointing the Government of the Russian Federation and the role of the President and the State Duma in the process. Thus, legal regulations (both constitutional ones and those included in acts of lesser importance) and decisions of the Constitutional Tribunal are analyzed. The use of dogmatic method is supplemented by the studies of disputes that arise during the process of law application. Thus, the specificity of the interpretation of the provisions of the Russian Federation Constitution is shown in this context. The use of the research methods results in proving that the President plays a key role in the process of appointing the Government of the Russian Federation. His will is a decisive factor for both the dynamics of the process of composing the government and its personal character, and - in case of a dispute on that issue with the State Duma - also for the existence of the lower chamber of the Parliament. At the same time, however, the Constitution guarantees that the State Duma gives the Prime Minister designated by the President a vote of confidence, and the procedure cannot be treated as a meaningless formality. Acceptance of the presidential candidate by the State Duma is not only an agreement for the person to hold the post of Prime Minister, but also an indirect, provisional approval of the person's program.

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SCREENING PROCEEDINGS FOR THE ACCESS TO SECRET INFORMATION

PRESIDENT AND THE STATE DUMA IN THE PROCESS OF APPOINTING THE GOVERNMENT OF THE RUSSIAN FEDERATION (Prezydent a Duma Panstwowa w procesie powolywania Rzadu Federacji Rosyjskiej)