The constitutional and legal foundations of public control in the countries of modern Asia (on the example of the Lebanese Republic and the Sultanate of Oman): comparative legal analysis

This article is devoted to a comparative legal analysis of the constitutional and legislative foundations of public control in the countries of modern Asia on the example of the Lebanese Republic and the Sultanate of Oman. The relevance of the research topic is due to a number of circumstances: these countries have a different history of national constitutionalism; their legal systems are distinguished, on the one hand, by a powerful national flavor, and on the other hand, they have experienced significant foreign influence in the process of their formation and development; they relate to various forms of government and political regime; they are distinguished by the complex structure of civil society due to the influence of confessional, ethnic, and communal factors; national constitutions and legislation of these States define the possibility of participation of citizens of the country and their public associations in the political life of the state in different ways. The article uses a number of scientific research methods: formal-logical; historical-legal; comparative-legal; method of analysis of specific legal situations; statistical; sociological. The constitutional and legal foundations of public control in the Lebanese Republic and the Sultanate of Oman are distinguished by a number of negative examples of legal regulation, in particular: this institution of civil society is not formalized in national constitutions; there are no separate laws on the legal foundations of public control; the mechanism for forming subjects of public control is not entirely democratic; its effective functioning is hampered by strong pressure from religious, ethnic and community factors that defragment the system of public control. At the same time, in these countries there are a number of positive examples in the organization of this institution of civil society, for example: a number of subjects of public control in the Lebanese Republic have a set of real powers (in particular, the right to veto political decisions that contradict the interests of regional and local communities, the right to control the activities of the police, courts, and prosecutor's offices); The Consultative Assembly (Majlis al-Shura) in the Sultanate of Oman, being, in fact, a public council in front of the monarch, has not only advisory powers, but also the right to legislative initiative after public discussion of draft laws; the Coordinating Council for Public Control over Voting in the Lebanese Republic controls not only the voting process on the day of its holding, but also the entire election procedure.

constitutional and legal foundations, public control, Asia, Lebanese Republic, Sultanate of Oman, Islam, Shiism, Sunnism, constitution, comparative legal analysis