PROBLEMS IN REALIZATION OF INTERSTATE COORDINATION IN THE CONSTITUTIONAL ACTS OF THE KINGDOMS OF HOLLAND AND BELGIUM, THE GRAND DUCHY OF LUXEMBOURG
Abstract
The article deals with the problems of fixing coordination norms in the constitutions of the three European countries. The material is of interest as a positive foreign experience and the possibility of its use in Russia and Kazakhstan.
In particular, there are no explicit coordination norms in the constitutions of Russia and Kazakhstan; there are only references to the need to reconcile candidates for certain appointments to senior positions. The author believes that these norms on harmonization are the primary coordination norms or coordination norms of a primitive, initial level.
At the same time, coordination mechanisms can be considerably complicated and expanded. The very fact of fixing coordination norms in constitutional acts will attach particular importance to this kind of coordination mechanism. This will increase the importance of interdepartmental state coordination, provide additional guarantees for observing the rights of citizens in the exercise of coordination powers.
When writing the work of the author widely used the method of system law, at the same time indicated the possibility of such a method and the restrictions associated with its use.
The paper points out the need to expand the scope of the coordination mechanism, for example, in the military sphere, in terms of improving the guarantees for judges, elected officials of public authorities, etc.
Particularly important are the author's cases when elements of coordination will be provided for in the legislative process, as well as in the field of local self-government.
The author points out the need for mandatory resolution of procedural coordination issues in constitutional acts, proposals for the implementation of such powers, and development of criteria for interagency coordination.
All of this will greatly enhance the efficiency and quality of the legal system as a whole, increase the effectiveness of the application of legal norms, and increase the optimality of the use of state power resources for these purposes.
In the author's opinion, following the example of the above-mentioned constitutions of foreign countries, it is necessary to lay down in constitutional acts and procedures for coordinating the revision of the constitutional documents themselves, as well as to indicate those cases when joint, concerted actions in general can be prohibited.