International Journal of Public Law and Policy

Ospanova, Djamilya; Kussainov, Duman; Abilsheyeva, Rysgul; Kussainova, Ainur; Aueshova, Bagbat; Akhmetova, Bagit

2019 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2019.097537

The paper shows that out-of-date control methods formed during the previous decades currently arouse mistrust to the public service among the publicity and require its reformation together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 modernisation 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 are scientific support of the public service system development. That's exactly why study of the foreign experience of modernisation of the personnel processes at the public service becomes greatly relevant. The practical relevance of the paper is defined by the fact that public service according to its functions remains a necessary basis for formation of the aggregate picture in the perception of the state image.

Korhecz, Tamás

2019 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2019.097538

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.

Otynshiyeva, Aidana A.; Ibrayeva, Alua S.; Castellino, Joshua; Baimakhanova, Dina M.; Baikenzheyev, Akhilbek S.

2019 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2019.097539

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 Kazakhstan's 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.

Ariffin, Mariani

2019 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2019.097559

The increased environmental awareness in the 1970s prompted nations to enact laws that criminalise polluters. This article reviews criminal enforcement of environmental violations in Malaysia by analysing the trend in environmental crime prosecutions between 2015 to 2018. The study found that the number of prosecutions continued to fall with a marked drop, 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. 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, 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.

Lugaric, Tereza Rogic

2019 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2019.097564

Cooperative compliance programmes enable tax administrations to stimulate the taxpayer to cooperate 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 cooperative compliance model using the methodology of comparison of five different 'national' models - US, Dutch, Australian, British and French. Results demonstrate that it is possible to identify two conceptual approaches to cooperative compliance.