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Реферат Modern problems and prospects of development of local self-management in Ukraine





guarantees equality of rights and duties of all citizens irrespective of their belief. The respect of the right to freedom of belief, of extremely supporters monotheistic religions does not guarantee the constitutionally legal protection to polytheists, bahaists and other religious minorities of Middle East.7 of the constitution establishes the central source of the constitutional law the principles of Sheri at (the Islamic law) raquo ;, that gives the basis to doubt of secular character of the fundamental law of Palestine affirming, that civil and religious cases of believing monotheistic religions will be settled according to their religious doctrines and categories within the framework of the law, keeping unity and independence of the Palestinian people.to Article 8, the Palestinian political system is characterized as the democratic, with parliamentary representation of people of different political views, different sex and religion. Principles of activity of political parties are the national sovereignty, democracy and transfer of powers peacefully on the basis of the constitution. The given regulations are generally the norms - ideals as practice of the major competing groupings in the Palestinian autonomy FATH and HAMAS, having own armed units, is far from following to the specified principles.9-10 of the constitution as the bases of activity of the government specify the principles of the law and order; all authorities, agencies, departments, establishments and private persons should submit to the law; the whole activity of the Palestinian authorities should be carried out at the administrative, political and judicial control. The executive agencies of authority will not be outside of the legal control raquo ;. According the constitution the state has undertaken the duty of indemnification of the damage caused owing to mistakes and actions of officials of the government, carrying out the duties.11 of the Constitution proclaims independence and inviolability of the judicial system necessary for protection of the rights and freedoms, compulsion of judicial decisions for all physical and legal persons. There is provided punishment according to the law of any neglect of judicial system. The similar constitutional establishment, on the one hand, is aimed at strengthening in the Palestinian autonomy of authority for the judicial authority which is still rather weak. On the other hand, activity of the courts based on the principles of Sheri at, is obviously far from democratic and consecutive division of authorities.great place in the text of the constitution is occupied by the questions of citizenship. The Palestinian citizenship, according to Article 12, is given to all, who has legally received it till May 10, 1948 raquo ;, and for residing in Palestine before this date and who have been compelled to be since that time in exile. This right transfers from fathers and mothers to their descendants raquo ;. The establishment of citizenship for the date specified in the fundamental law is impossible as the citizenship in one mandate Palestine was determined by the English authorities, and the Palestinian state after termination of the term of the mandate was not created. Recognition the constitution of the right to return to the territories in the borders before the Arabian - Israeli war of 1967 for all Palestinian refugees and their descendants without recognition of the similar right for refugees - Israelis is disproportionate and is unable to lead to interstate compromise. the majority of the Arabian countries the right to reception of citizenship occurs is given according to father s origin, and the constitution of Palestine for the purpose of increase in number of persons having the right to return, recognizes father s and mother s origin. The given article specifies that getting the Palestinian citizenship or refusal of it, rights and duties of citizenship of a dual citizenship will be settled by the law.especially emphasizes, that the Palestinians who have left Palestine during the war of тисячі дев'ятсот сорок вісім and were forbidden to return , will be given the right to return in the Palestinian state and to reception of citizenship. The Palestinian state will aspire by means of negotiations, and by political and legal means to concede the right to return home for the Palestinian refugees and for reception by them of indemnification according to the resolution 194 by United Nations and fundamentals of international law.resources of Palestine according to the constitution are recognized the property of Palestinian people. Article 14 contains the duty of the state to protect natural resources and to order according to the law their optimum use alongside with protection of cultural and religious heritage of the Palestinian people and needs of environment. Protection and maintenance of monuments of antiquity and historical places are qualified as the public duty...


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