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1
IVANOVSKA, Alla, and Roman HAVRIK. "On the question of determining the administrative and legal status of local public administration bodies." Economics. Finances. Law 4/2024, no. - (2024): 36–39. http://dx.doi.org/10.37634/efp.2024.4.7.
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In the paper, the author's team conducted a scientific study of the issues of determining the list of local bodies of public administration and their administrative and legal status. As a result of the conducted scientific research, the authors came to the conclusion that local public administration bodies can include such bodies as: local state administrations as local bodies of executive power, territorial bodies of central bodies of executive power, bodies of local self-government, regardless of whether they perform delegated powers of the executive power or not, other subjects, if they are delegated the powers of the executive power or local self-government, bodies of public administration of a military-civilian nature (military administrations). The authors of the paper reduced the administrative-legal status of these bodies to several features: their exercise of state or local public power, granted to them by the Constitution of Ukraine and the laws of Ukraine, through the delegation of powers or through the exercise of powers determined by the legislation on the legal regime of martial law; extension of public power to a certain administrative-territorial unit or territorial community and concerns issues that can be resolved within the relevant region (community); dualism in subordination – the absence of subordination of state public authorities to local public authorities, the presence of subordination relations in the systems of local executive authorities, territorial executive authorities and local self-government bodies; special administrative and legal regulation of each of the systems of local bodies of public administration. Public administration bodies of a military-civilian nature are characterized by: temporary nature; the presence of elements of a military organization; creation and liquidation by the President of Ukraine; the main task is to ensure the safety and normalization of the life of the population in the area of repelling armed aggression of the Russian Federation, front-line and rear areas; multi-vector subordination.
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Tokar, A. M., and R. O. Havrik. "Administrative and legal status of military administrations as public administration entities." Analytical and Comparative Jurisprudence, no. 6 (December 16, 2024): 664–68. https://doi.org/10.24144/2788-6018.2024.06.109.
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In the scientific article, the authors conducted a scientific study of the administrative and legal status of military administrations as subjects of public administration. The scientific article indicates the approaches to understanding the administrative and legal status of military administrations that have developed in the administrative and legal doctrine. According to the first approach, the military administration is identified with the relevant local executive body, on the basis of which it is created, however, its administrative and legal status changes, in particular, changes occur in the procedure for appointing the head of such an administration, the formation of its composition, in subordination, and there is also a significant expansion of the powers of such a state authority through the granting of its powers to ensure the measures of the legal regime of martial law. The second approach to understanding the administrative and legal status of the military administration involves considering it as a separate system of local public administration bodies alongside such systems as the system of local executive bodies and the system of local self-government bodies; military administrations have both specific powers to introduce measures of the legal regime of martial law, and the powers of those local bodies of public administration to replace which it is created - regional and district military administrations, as a rule, perform the duties of local state administrations, and military administrations of settlements - also the duties of local self-government bodies of the relevant territorial communities. The author team determines that the features of the administrative and legal status of military administrations are: the creation and liquidation of such bodies by the President of Ukraine upon the proposal of the relevant regional state administrations; the involvement of not only employees, but also persons undergoing military and law enforcement public service in their composition; financing depending on what powers are exercised - in accordance with the funds of the state and local budgets; duality in subordination - regarding the performance of functions of a defensive nature, subordination is carried out to the General Staff of the Armed Forces of Ukraine, on other issues - to the Cabinet of Ministers of Ukraine and the relevant higher-level military administration.
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Stepanenko, Sergey V., Viktoriia D. Filippova, Valentina O. Boniak, Tatiana V. Malakhova, and Olena V. Kravchenko. "Legal mechanisms of public administration in Ukraine." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 4 (2021): 122–32. http://dx.doi.org/10.37635/jnalsu.28(4).2021.122-132.
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Issues related to the analysis of the current and possible future changes in the constitutional status of public authorities in Ukraine and the legal mechanisms of public administration in the country are considered. An essential feature of state bodies is that only they are endowed with state powers. They perform their functions on behalf of the state in clearly defined forms. An attempt is made to analyze the legally defined organizational structure of legal mechanisms of public administration in the state. The main purpose of a research consists in carrying out the theoretical analysis and system approach to legal mechanisms of public administration in Ukraine and the constitutional relations of branches of the power in the state, disclosure of features of the constituent elements of a system of the constitutional relations of the state power in Ukraine. In the constitutional state the law always must be the primary act of a statement of the state power, and people have to be the only source of a statement of the state power. The most enlightened rulers, in whose hands unlimited all webs of power were concentrated, sooner or later became wayward tyrants who recognized only their authority, that they neglected freedom and, did not consider inalienable human rights. Therefore, further transfer of powers of public administration from local public authorities to local self-government bodies should be the subject of further research in this direction
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Payda, Yuriy. "Public administration as an object of administrative and legal regulation." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2020): 65–72. http://dx.doi.org/10.31733/2078-3566-2020-3-65-72.
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The concept and legal nature of public administration have been analyzed. The analysis of research works has allowed to state that the term "public administration" is considered in two aspects - structural and procedural (or functional) where public administration should be understood as executive bodies, local self-government bodies, as well as entities endowed by the state with public administration functions that perform public administration functions and whose purpose is to ensure the interests of the state and society as a whole, and their activities carried out within the law. The principles of administrative and legal regulation of public administration in Ukraine and the concepts, principles of administrative and legal regulation of public administration have been studied. The author has found out that the essential features of public administration are: public administration is subordinated to political power (i.e., parliament, head of state); public administration ensures the implementation and application of laws (i.e., implements the political decisions of parliament); public administration acts (should act) in the public interest; public administration is endowed with the prerogatives of public authority (that is, powers that allow mandatory instructions to be given to individuals). While the system of central executive bodies consists of the ministries of Ukraine and other central executive bodies the system of central executive bodies is a component of the system of executive bodies, the highest body of which is the Cabinet of Ministers of Ukraine. The local state administration is a local executive body and is part of the system of executive bodies. The local state administration, within the limits of its powers, exercises executive power on the territory of the respective administrative-territorial unit, as well as exercises the powers delegated to it by the relevant council.
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Yaniuk, Natalia. "РЕФОРМУВАННЯ МІСЦЕВИХ ДЕРЖАВНИХ АДМІНІСТРАЦІЙ В УМОВАХ ДЕЦЕНТРАЛІЗАЦІЇ ПУБЛІЧНОЇ ВЛАДИ: ДЕЯКІ АСПЕКТИ ПРОБЛЕМИ". Visnyk of the Lviv University. Series Law, № 78 (20 червня 2024): 215–23. http://dx.doi.org/10.30970/vla.2024.78.215.
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In Ukraine an important role nowadays is played by the implementation of the principle of decentralization of public power. The principle of decentralization consists in the balanced distribution of powers between the central and local levels in the system of executive authorities, as well as the transfer of powers from executive power bodies to local selfgovernment bodies. One of the elements of the principle of decentralization is the creation of new forms of executive authorities, which are designed to ensure optimal control over effective implementation of government programs and take into account the interests of local selfgovernment. Ukraine has shown its desire to become a full member of the European Community and to build a market economy with the aim of integration with the European Union. Today, in the conditions of war, Ukraine is trying to defend democratic principles. In the world, including EU member states, there is no universal model of public administration or one form of interaction between local executive authorities and local selfgovernment bodies. Each state independently forms a system of local bodies of public administration. It is important that their activities be based on the principle of good administration. The best example for reforming in Ukraine may be the experience of European countries regarding the implementation of the reform of a new distribution of powers between public authorities. The main goal of the public administration reform in Ukraine is to form an optimal system of public administration bodies and delimit the powers of local executive authorities and local self-government bodies. Attention is focused on the experience of France in reforming local executive authorities and its relevance for Ukraine in the process of reforming the system of local state administrations. It will be practical for Ukraine using the experience of reforming executive authorities in France and introducing the institute of prefects. Under French law, the prefect is responsible for public order and public security, as well as for the implementation of internal security, civil security and economic security measures that contribute to national security. The department prefect is responsible for matters of entry and residence of foreigners as well as the right to asylum. The reform of local bodies of public administration in Ukraine should be based on the Constitution of Ukraine and European principles of decentralization. For the time being, the Law on Amendments to the Constitution of Ukraine on the reform of local state administrations is being clarified and finalized. Keywords: decentralization, public administration, local self-government, prefect, France.
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Pavchuk, Ihor. "The administrative and legal status of military administrations in Ukraine depending on the order of their creation." Visegrad Journal on Human Rights, no. 2 (July 15, 2024): 91–98. http://dx.doi.org/10.61345/1339-7915.2024.2.16.
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The article is dedicated to the study of the system of public administration under martial law and the administrative and legal nature of military administrations. The author notes that the military administrations are a new and less studied institution of public administration for the modern stage of state formation. The author aims to research the priority directions for improving the public administration system under martial law, outline the strategic orientations of the state’s development and the optimal institutional model of public administration under martial law. It has been found that, depending on territorial competence, subordination, grounds and order of formation and termination of activities, as well as the order of recruitment, military administrations are divided into: 1) regional military administrations; 2) district military administrations; 3) military administrations of settlements. At the same time, the powers of regional and district military administrations are completely identical, and therefore, the author believes that there is no reason to distinguish them into separate levels for the purposes of this study. Regional and district military administrations are one type of administration, as opposed to military administrations of settlements. It has been proved that the Law of Ukraine “On the Legal Regime of Martial Law” does not contain an exhaustive list of grounds for terminating the powers of local self-government bodies of settlements and, accordingly, legal grounds for the formation of military administrations of settlements. The author proves that the military administration in the city of Kyiv could be formed only as a military administration of the settlement, that is, in the event of failure by the Kyiv City Council and/or the executive body of the Kyiv City Council to exercise the powers assigned to them. Considering that the Kyiv City Council continues to exercise, and the executive body of the Kyiv City Council exercised its powers before receiving the status of the Kyiv City Military Administration, the formation of the Kyiv City Military Administration seems legally problematic. It has been argued that the legislator has established different approaches to determining the fate of regional, district local state administrations and military-civilian administrations after the introduction of the legal regime of martial law and the formation of military administrations. This approach of the legislator seems unreasonable and gives rise to a number of problems.
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Machmud, Fikri Eka Aji, Denok Kurniasih, and Tobirin Tobirin. "Ethics of Public Administration." Open Access Indonesia Journal of Social Sciences 7, no. 1 (2023): 1349–56. http://dx.doi.org/10.37275/oaijss.v7i1.212.
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One factor that significantly influences how well companies and public administration players carry out their operations is ethics. The ethical issues that arose, including nepotism, collusion, and corruption, made the implementation of public administration ethics in the Indonesian government bureaucracy crucial. The qualitative technique was employed in this study, with primary data coming from observations and secondary data coming from media and literary analysis. The public emphasized and criticized public bureaucracy throughout the reform era because, according to studies, a small number of Indonesian government officials lack responsibility in carrying out their powers, duties, and obligations. In addition to enforcing the law, the government must develop and apply public administration ethics for its bureaucratic machinery in order to tackle this issue.
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POPOVA, AKSANA. "PARLIAMENTARISM AS A POLITICAL INSTITUTE OF PUBLIC ADMINISTRATION." Sociopolitical sciences 10, no. 5 (2020): 50–58. http://dx.doi.org/10.33693/2223-0092-2020-10-5-50-58.
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The article examines the issues of parliamentarism, which is a special system of public administration, structurally and functionally based on the principles of separation of powers, the rule of law with the leading role of parliament in order to implement the constitutional consolidation of the sovereignty of the people. At the same time, the principle of separation of powers occupies a central place in matters of public administration. The purpose of the theory of separation of powers is to create an effective mechanism for the functioning of state bodies, to create security of citizens from arbitrariness and abuse of power, to ensure political freedoms. The purpose of the study is to analyze research materials and legal regulation of the parliament as the bearer of state power. It should be noted that the role and importance of the parliament in the constitutional mechanism for the implementation of state power, based on the theory of popular sovereignty of the majority of modern states, is reflected in the legislative basis for the functioning of these higher representative collegial bodies. The development of the legislative framework leads to the formation of parliamentary law. Thus, parliamentarism today is a complex structure of legislative power, a multifunctional subsystem and an integral part of an extensive political system. At the same time, the essence of parliamentarism, following changes in its historical functions and structure, was often expressed by isolating and emphasizing any of its individual elements. Based on the study, the author comes to the conclusion that it is quite obvious that branched, well-organized and effectively functioning representative structures, both at the federal and regional levels, are necessary for Russia today, when we have embarked on the path of building a rule-of-law state, creating a civilized and a democratic society. It is the parliament that acts as a collector and spokesman for the interests of groups and structures that form civil society, melting these interests into state will. Effective public administration in a market economy not only does not exclude, but, on the contrary, presupposes the development and improvement of parliamentarism. Only under this condition can one count on the formation at the federal and regional levels of a powerful legislative base, adequate to the new historical conditions. It goes without saying that without such a base, further reforms in the economic, financial, social, political and other areas are unthinkable. The source of such a base is parliament.
9
Rubtsova, I. "GENERAL CHARACTERISTICS OF THE POWERS AND COMPETENCIES OF PUBLIC AUTHORITIES EXERCISING PUBLIC ADMINISTRATION IN THE FIELD OF AIR PROTECTION." Scientific notes Series Law 1, no. 10 (2021): 84–88. http://dx.doi.org/10.36550/2522-9230-2021-10-84-88.
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This article provides a general description of the powers and competencies of public authorities exercising public administration in the field of air protection. Atmospheric air is proposed to mean an element of the natural environment, which is an invisible mixture of gases within the territory of Ukraine and contains vital chemicals and compounds necessary for the existence of living organisms. It is determined that the subjects of public administration in the field of air protection are the system of bodies of general and special competence, which exercise public administration powers to restore, preserve, ensure air quality and ensure the right of citizens to air, and take the necessary measures. to reduce the incidence of air pollution due to air pollution. The subjects of public administration in the field of air protection are proposed to be divided into two groups: 1. subjects of general competence (Verkhovna Rada of Ukraine, President of Ukraine, National Security and Defense Council of Ukraine) and 2. subjects of special competence (Cabinet of Ministers of Ukraine) (Government of Ukraine), Ministry of Environmental Protection and Natural Resources of Ukraine, State Ecological Inspectorate of Ukraine, Ministry of Health of Ukraine, local state administrations and local governments). Based on the analysis of legislative and by-laws, which determine their administrative and legal status in general, the powers of these entities in the field of air protection are highlighted. Emphasis is placed on the special tasks of these actors in order to preserve the health of the nation.
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Maksimov, S. V. "Institutional System of Public Administration in the Economic Sphere (Basic Concepts, Principles of Construction and Prospects for Reform)." Russian competition law and economy, no. 4 (December 20, 2023): 8–16. http://dx.doi.org/10.47361/2542-0259-2023-4-36-8-16.
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The concepts of “institutional system of public management in the economic sphere”, “public power”, “economic management”, “principles of public economic management”, “subjects of public power vested with powers to manage the economy” have been studied. Definitions of relevant concepts are proposed.It is concluded that public power in the economic sphere can be exercised by authorities not only directly, but also through the delegation of certain powers to other entities not related to state authorities or local self-government.In modern Russian practice, power in the economic sphere can be delegated not only to state and local government agencies, but also to other bodies and organizations, as well as citizens.At the same time, today in Russia there are no general grounds, principles and procedures for vesting government authorities, other bodies and organizations, as well as individuals with certain powers in the economic sphere, established by regulatory legal acts.This legislative gap, in the author’s opinion, reduces the effectiveness of public administration, including control, in the economic sphere.To resolve this problem, the author proposes to consolidate a list of public powers related to public management of the economy by normative legal acts of appropriate legal force; general grounds, conditions and principles for the delegation of public powers in the sphere of economic management to organizations, associations of citizens and individual citizens; register of relevant entities.
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Melnyk, Roman, and Anna Barikova. "Cross-border public administration." Informatologia 52, no. 1-2 (2019): 74–89. http://dx.doi.org/10.32914/i.52.1-2.8.
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Institutional, teleological and consensual blockchain jurisdiction manifestations have been articulated in the activities of the public administration concerning interventional, contributory, protective, delegated, executive and efficient public administration. The authors have revealed the service format of functioning and synergy of the cross-border interaction of public administration within horizontal and vertical relations with the subjects of public and private law. Legitimacy of transformational remodelling of power, as well as the specifics of the values intercourse in information and traditional societies in the framework of implementing the powers of cross-border public administration through the simulation category. The paper highlights the functioning dynamics of cross-border public administration in the external and internal dimension in terms of using such instruments of public administration, as regulatory and administrative acts, acts-plans, acts-actions, administrative contracts. Fundamental influence of technological innovations on the public service activities of public administration has been proved in a transboundary perspective to achieve the rule of law, the maximum legal certainty of streamlining the process of public governance. Institutionalization of the synergetic paradigm has been established for using the tools of public administration within the blockchain jurisdiction to properly implement the cross-border competence of public administration, which will contribute to the adaptation of national law to the supranational legal framework. The authors have specified that, with proper implementation of the competence of cross-border public administration within the blockchain jurisdiction, there is a ‘self-propelled’ system with a measurable number of variables for institutionalization of such an organizational structure, which could be self- reproducible in the presence of corresponding internal and external links with the allocation of order parameters
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Kuzmenko, O., V. Chorna, and A. Broda. "Control and supervisory authorities of public administration subjects in compliance with labor protection legislation." Analytical and Comparative Jurisprudence, no. 3 (July 18, 2023): 199–204. http://dx.doi.org/10.24144/2788-6018.2023.03.35.
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This article examines the control and supervisory powers of public administration entities in compliance with the legislation on labor protection.It was determined that public administration entities that exercise control and supervision powers over compliance with labor protection legislation include: the Cabinet of Ministers of Ukraine, the Ministry of Economy of Ukraine, the Ministry of Health of Ukraine, the Ministry of Development of Communities and Territories of Ukraine, the Ministry of Social Policy of Ukraine , the Ministry of Veterans Affairs of Ukraine, local state administrations and local self-government bodies.It is proposed to understand the limits of the management activity of state authorities and local self-government bodies under control and supervision powers, which involves the application of necessary administrative and legal measures in order to prevent and stop violations of legislation. Whereas the control and supervisory powers of the subjects of the public administration for compliance with the legislation on labor protection are the limits of the activities of the subjects of the public administration in the field of labor protection in order to prevent violations of the norms of the legislation on labor protection.Attention is drawn to the fact that most of the functions of the State Service of Ukraine on labor issues in the field of labor protection have a control and supervisory nature, despite the fact that the administrative and legal status of this body is a service. In our opinion, assigning the functions of control and supervision in the field of labor protection to the competence of the State Service of Ukraine on labor issues contradicts the provisions of clauses 2, 4 of Art. 17 of the Law of Ukraine “On Central Bodies of Executive Power”.The central body of executive power, which forms and implements state policy in the sphere of labor, employment of the population, labor migration, labor relations, social dialogue and in the sphere of labor protection, occupational hygiene, implementation of state supervision and control over compliance with the requirements of legislation on labor and employment of the population is Ministry of Economy of Ukraine. The body of the central executive power, which is endowed with the largest scope of powers in the field of control over compliance with labor legislation, is the State Service of Ukraine on Labor Issues.
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Shorobura, Inna. "Issues of state and public administration at the regional level in the context of the subject «Innovation Management»." Journal of Education, Health and Sport 53 (February 22, 2024): 215–26. http://dx.doi.org/10.12775/jehs.2024.53.016.
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The issue of public administration at the regional level was considered in the context of the subject «Innovative Management». The development of local self-government is of great importance for Ukraine and its population. The territorial community is the main subject of local self-government, which has its own functions and powers. The main role in management is performed by local self-government bodies that interact with state administrations. Regional military administrations have become key in the system of coordination and management of military issues at the regional level. The public plays a significant role in military administration and ensuring national security through active participation in public administration.
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Клименко, Андрей, and Ольга Минченко. "POWERS, FUNCTIONS AND SERVICES OF THE EXECUTIVE POWER: CORRELATION, CLASSIFICATION AND KEY FEATURES." Public Administration Issues, no. 1 (March 15, 2016): 7–37. https://doi.org/10.17323/1999-5431-2016-0-1-7-37.
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The conceptual apparatus in public administration sets up along with the development of the Executive Power itself. The goal of the article is to provide wide readership with currently used notions which reveal the implication of most institutes, instruments and mechanisms of the Executive Power. Many of these notions have become sustainable and do not cause experts’ debates; they are commonly used now. Some notions have been borrowed from foreign experience and adapted to Russian native realities; others have emerged from Russian practice of reforming public administration that offered new efficient institutes and instruments of regulation. The most important notions and categories have been defined legislatively. But, legislative provisions do not always clearly reveal functional peculiarities of these or other mechanisms of public administration. The authors of the article precise some implicit points of the notions and definitions, mainly the interpretation of public service and its quality.
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Sitar, D. V. "SUBSIDIARITY AS A PRINCIPLE OF PUBLIC ADMINISTRATION POWERS DIVISION." Scientific notes of Taurida National V.I. Vernadsky University. Series: Juridical Sciences 2, no. 2 (2020): 105–9. http://dx.doi.org/10.32838/2707-0581/2020.2-2/20.
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Alqurashi, Dr Yaser Salim. "Disciplinary Guarantees for the Public Employee in the Saudi Law." International Journal of Business and Management Research 10, no. 2 (2022): 31–39. http://dx.doi.org/10.37391/ijbmr.100201.
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The Saudi law has granted the administration numerous disciplinary powers against the public employee in the area of its disciplinary responsibility; however, in light of these disciplinary and punitive powers of the administration, the public employee must be protected from any tyranny, abuse, injustice, or bargaining that may be exercised against him by some of the administration's people. As a result, these protections shield public employees from the administration's tyranny, persecution, and arbitrariness. Thus, the purpose of this research is to uncover the disciplinary guarantees for public employees in the Saudi law, as well as their sufficiency in protecting the public employee and guaranteeing that the administration does not use them as a means of tyranny or arbitrariness. The study subject concerned the adequacy of these guarantees in the Saudi legislation, and the significance of the research lay in determining the adequacy of these guarantees in order to achieve protection for public employees. Furthermore, the researcher employed the descriptive, analytical, and comparative method, by collecting facts and data, analyzing them, and comparing them in order to elucidate the features linked to the study's issue. Finally, the study's results revealed that there are some problems in achieving guarantees of protection for the public employee from the administration's arbitrariness and tyranny in the Saudi law, and the researcher suggested some amendments to the legislation related to the disciplinary responsibility of the public employee in the Saudi law to ensure his complete protection from any abuse or tyranny by the administration.
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Rudenko, Olha, та Tetiana Shestakovska. "МODERNIZATION OF THE PUBLIC ADMINISTRATION SYSTEM IN THE CONDITIONS OF DECENTRALIZATION OF POWER". Socio World-Social Research & Behavioral Sciences 01, № 01 (2020): 52–58. http://dx.doi.org/10.36962/swd0101202052.
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Strategic course of Ukraine towards European integration requires a new conceptual basis for the institutionalization of power, the introduction of a modern model of public administration. In the conditions of democratic transit, Ukraine and the countries of Central and Eastern Europe should use a conservative Neo-Weberian State (NWS) Model. This model is normative in terms of implementation in Ukraine, because our country, first, has accumulated necessary democratic potential of public initiative; secondly, it has a tradition of strong state power, capable of independently performing the functions of public goal-setting and making appropriate organic decisions; third, it is able to ensure the longevity of public policy at all administrative levels; fourth, preserves stable corporate values and rules of the civil service; fifth, seeks to bring the process of modernization of the domestic public administration system closer to European standards and practices. The normative and legal conditions necessary for the modernization of the current system of public administration in Ukraine in the direction of implementation of the principles of public administration have been generalized. In Ukraine, modernization of the public administration system, aimed at forming a new model of public administration, is possible only if the objective and subjective preconditions are taken into account, which are critical for the successful implementation of decentralization. It has been identified the following promising stages of decentralization in Ukraine: 1) deconcentration of powers and resources, their legally justified transfer from central government to regional and local government bodies; 2) compliance with the principles of devolution of power; 3) powers and resources will be distributed between traditional public authorities (state and self-governing) and market and public structures; 4) introduction of the newest models of public management, built on the principles of the New Public Management paradigm. Keywords: public administration, state government, decentralization, modernization, European integration.
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Yakovchuk, Ya V. "Local executive authorities as the subjects of the public administration." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 261–65. http://dx.doi.org/10.24144/2307-3322.2021.65.48.
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The article deals with the public administration of the local executive authorities in the context of European in-tegration and decentralization of power. The implementation of public administration by local state administrations involves satisfying the basic needs of society, the balance between the rights and interests of those to whom the actions of public administration are directed, and the interests of society as a whole.It is noted that public administration of the local executive authorities is carried out through executive and ad-ministrative activities and the provision of administrative services. Through public administration, local public ad-ministrations ensure an open process of policy-making and implementation, involving individuals and civil society, which contributes to greater openness, accountability and responsibilityIt is concluded that public administration by local state executive authorities is an external form of exercising power in the relevant administrative-territorial unit, which ensures compliance with Ukrainian legislation, law and order, observance of citizens’ rights and freedoms, implementation of state and regional programs of socio-econom-ic and cultural development, environmental protection programs, the implementation of other powers granted by the state, as well as those delegated by the respective councils. Attention is drawn to the fact that, in connection with the decentralization of power, to improve the system of ter-ritorial organization of power and improve the management of public development, from the beginning of January 2022, public administration by the local executive authorities will be limited exclusively to executive management. In addition, in the context of European integration the transposition of European standards to the activity, the im-plementation of State policy and national programs of economic, scientific and technical, social, ethnic and cultural development and environmental protection by the relevant administrative and territorial unit are a priority for the effective operation of local executive authorities
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Migachev, Yu I., M. M. Polyakov, and G. F. Chekmarev. "Public State Authorities in the Russian Federation and Foreign Countries." Actual Problems of Russian Law 17, no. 12 (2022): 60–67. http://dx.doi.org/10.17803/1994-1471.2022.145.12.060-067.
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The paper examines fundamental doctrinal and legal aspects of organization of the system of public power in the Russian Federation and foreign countries. The authors analize approaches and opinions of Russian scholars in relation to categories of «public administration», «public authorities», «public control». The paper summarizes the experience of functioning of various foreign state bodies that carry out public administration in various fields. The authors emphasize that consolidation of public power in foreign countries provides any individual with the opportunity for closer interaction with the public authority. Special attention is paid to the elements of the system of public power. In the Russian Federation, they include not only state and local government bodies, but also a large number of organizations exercising public powers. The article discusses peculiarities of transformation of modern public administration in conditions of digitalization. Special attention is paid to the use of digital technologies in order to combat corruption in public administration.
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Vashchenko, Yuliia, and Liudmyla Golovko. "PUBLIC ADMINISTRATION IN THE FIELD OF LAND RELATIONS IN UKRAINE: TRENDS, CHALLENGES AND SOLUTIONS." Administrative law and process, no. 2 (41) (2023): 38–53. http://dx.doi.org/10.17721/2227-796x.2023.2.03.
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Purpose. This paper aims at the analysis of the organizational and legal issues of the system of land public administration in Ukraine and elaboration of possible solutions for its further development. Methods. The dialectic method was used in order to analyze the development of the system of public administration in the field of land relations in Ukraine. The method of systematic and structural analysis was used for the characteristics of the elements of the system of public administration in the field of land relations, the distribution of powers between them, and their governmental ties. Modern theoretical approaches to the system of public administration were considered on the basis of the method of critical analysis. Results. In the first part of this paper, the legal and organizational aspects of land public administration in Ukraine have been analysed. The necessity of improvement of powers, in particular, related to land management, have been identified among current problems. The second part of this paper is devoted to the administrative procedures in the field of land relations. The collisions between the general and special laws related to administrative procedures in the field of land relations have been identified among key problems and the case law on this matter has been analyzed. In the third part of the paper the recent trends, challenges in frames of the state of martial law, and solutions have been analyzed. Conclusions. Decentralization and digitalization were considered as the dominate trends in the public governance in the field of land relations. The distribution of powers between central bodies of executive power, as well as between central and local public authorities, the improvement of powers related to the land management, and elimination of the collisions between general and special norms on administrative procedures in the land relations were defined among necessary improvements. During the state of martial law, special mechanisms for land data protection introduced by public administration entities in Ukraine have been considered as important solutions.
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Sergeeva, Nadezhda V. "Digitalization of Public Administration and Public-Private Partnership." Oeconomia et Jus, no. 4 (December 25, 2024): 51–63. https://doi.org/10.47026/2499-9636-2024-4-51-63.
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The need for digital transformation as a national goal determines the search for various ways to ensure its implementation, among which public-private partnership stands out. Being a way to attract private investment, public-private partnership enables to create a legal and financial model in which it is possible to take into account legislative restrictions on the design, creation, operation and transfer of individual public property objects to private ownership. The purpose of the study is to identify the features in the development of the institute of public–private partnership in implementing IT projects in the public sector. Materials and methods. The research used data from «Rosinfra», «Electronic Budget» and the National Center for Public-Private Partnership platforms using statistical methods (graphical, sampling, time series analysis) for data processing, visualization and interpretation. Research results. A large scale and branching of public administration system in Russia, delimitation of authoritative powers and property between the federal center, regional state authorities and local governments, combined with different financial capabilities and investment attractiveness, have led to digital inequality of the subjects of the Russian Federation. The object of the agreement, likelihood of legal risks during its creation, authoritative powers and property rights of the public partner influence the choice of the agreement form within the framework of public-private partnership on projects aimed at digitalization of the public sector. Regional IT projects in the public sector are of the same type, the developer applies a market capture strategy, fully financing the development. The implemented IT projects at the federal level are unique and are characterized by a high proportion of budget investments. A significant proportion of projects are aimed at creating a data collection system (education, sports, transport). Conclusions. Digital transformation of the public sector is heterogeneous, the main drivers at the regional level are projects in sports and education, and those at the federal level are in the transport sector. Digitalization using public-private partnership mechanisms mainly affects collecting background information for public administration purposes. Digitalization of government functions with the involvement of private capital results in the risk of loosing the country's digital sovereignty. Two strategies to implement the projects within the framework of public-private partnership have been identified, while the first is related to promotion of a ready-made product in different regions, and the second is aimed at developing unique solutions for a specific problem. Since public services are poorly commercialized, implementation of IT projects in culture, healthcare, and social protection is almost not observed.
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MOROZ, Viktoriia. "Improvement of tools for the activity of local public administration bodies in the context of European integration." Economics. Finances. Law 10, no. - (2023): 65–68. http://dx.doi.org/10.37634/efp.2023.10.14.
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In the paper, a study of the definition of the concept of tools of local public administration bodies, their types and directions of improvement in the context of European integration was carried out. In particular, the author notes in the paper that the tools of public administration bodies are those actions they take with the purpose of legal regulation of legal relations with their participation, with the aim of regulating them or influencing the participants of such legal relations, ensuring compliance with the rights and interests of the participants of legal relations and the state ( or other public entity) as a whole (forms of public administration), legal means (techniques) that are used (methods of public administration); the concept of "tools of activity of public administration bodies" covers the regulation of administrative legal relations of an external nature. The instruments of activity of local bodies of public administration can be normative legal acts (in the form of orders of heads of local state administrations (including military administrations), orders of heads of territorial communities, decisions of local councils and their executive committees), acts of a programmatic nature (including social programs - economic and cultural development of the community, district, region, target programs on other issues), orders and decisions of an individual nature (including regarding the implementation of administrative-procedural and administrative-delict powers. On the basis of the conducted scientific research, the author came to the conclusion that in order to improve the tools of local public administration bodies in the context of European integration, the practice of concluding administrative contracts by them should be expanded, including regarding the cooperation of public administration subjects and public authority subjects, who, on the one hand, do not belong to the executive branch of state power, and on the other hand, can participate in the implementation of state programs at their own request.
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Karhamanian, D. K. "Features of the types of control on the performance of electronic procedures in the activities of public administration entities." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 341–45. http://dx.doi.org/10.24144/2788-6018.2024.03.58.
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The scientific article highlights the essence of the types of control over the implementation of electronic procedures in the activities of public administration bodies, namely: parliamentary control; from the representative of the Verkhovna Rada of Ukraine on human rights; from the central bodies of executive power. The author substantiates the expediency of improving the legal regulation of the procedure for holding a preliminary meeting before the trial of the case. In particular, it is considered expedient to establish the terms of holding a preparatory meeting from the moment of receipt of an administrative claim, as well as to determine the cases when reconciliation of the parties is not allowed. It was established that the control carried out by local executive bodies has a much smaller scope, but is the closest to the controlled objects. The control powers of the said bodies within the scope of control over the provision of electronic services are enshrined in the Law of Ukraine «On Local State Administrations» (Clause 9 of Article 16). Part 1 of Article 28 of this law stipulates that in order to exercise the powers granted, local state administrations have the right, in particular, to conduct inspections of the state of compliance with the Constitution of Ukraine and the laws of Ukraine, other legislative acts by local selfgovernment bodies. It was concluded that regional state administrations, within the limits of their powers, direct the activities of district state administrations and exercise control over their activities. Local state administrations control the implementation of the powers granted by law to the executive bodies of village, settlement and city councils by their executive bodies and village, settlement and city heads. It has been established that control over the exercise of delegated powers of executive bodies by local self-government bodies is entrusted to the relevant local state administrations, and in cases provided for by law, to ministries and other central bodies of executive power, their territorial bodies. Control is carried out by analyzing acts of local self-government bodies, providing local self-government bodies with information on the implementation of delegated powers of executive bodies, conducting inspections of the activities of executive bodies of village, settlement, and city councils. In addition, local executive bodies can create structural subdivisions to perform control functions.
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Elhilali, Cherif. "Public Administration Governance: Tax Administration as a Model." Access to Justice in Eastern Europe 8, no. 2 (2025): 1–21. https://doi.org/10.33327/ajee-18-8.2-r000109.
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Background: Unlike other public administrations, tax administration interacts with users of public services in a unique context. It does not operate for the benefit of individually identified individuals but rather for the benefit of the community as a whole. As a result, taxation is rarely perceived as a pleasant reality, and those responsible for its administration often face difficult relations with taxpayers. Based on this observation, this research seeks to highlight the extent to which a sustained process of governance within tax administration contributes to its overall performance. The tax administration must balance two key imperatives: ensuring revenue for the state and local authorities while also striving for the efficient and equitable application of the tax system. Methods: This research is based on a systemic approach, enabling an analysis of the inputs and outputs of tax administration, especially its relations with taxpayers. This includes an examination of techniques, methods, rules, powers, and tax procedures, along with an assessment of their limitations. A comparative aspect is also present in this research, allowing for an evaluation of tax administration governance in developing countries compared to developed countries, particularly in Europe. Furthermore, the research opts for an analytical and descriptive approach to examine the realities of tax administration, identify its failures, and develop recommendations aimed at improving its performance and governance. Results and conclusions: This article contains results and recommendations, highlighting that although tax administration has seen some improvements in recent years, it still requires greater efficiency, transparency, and overall performance. To achieve these objectives, tax administration must be enhanced by improving its performance, guaranteeing quality services, and establishing cooperative—if not partnership-based—relationships with taxpayers.
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Alexandru, Dana Georgeta. "THE SYSTEM OF LOCAL COMPETENCES IN THE ROMANIAN PUBLIC ADMINISTRATION." Agora International Journal of Juridical Sciences 8, no. 2 (2014): 1–8. http://dx.doi.org/10.15837/aijjs.v8i2.1184.
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The extension of administrative tasks, originally endowed with powers of supervisionand maintain a social balance, it gradually became an engine that determines changes, a newlevel of transformation. Given the current status of local collectivities, through this research weintend to argue their tendency to become leading actors in the landscape of administrative,political, economic and social.Our study will consider the effects of the successive transfer of powers upon localcollectivities and its implications for the organization, mission and coooperation. Thesecircumstances arise many challenges for state and local collectivity: changing relations betweenthe institutions generated by the transfer of competences, redefining the maner of interventionand coordination, taking into account the economic imperative and upgrading administrativecapacity at local level.To understand the local collectivity administration system, we leave the generalconsiderations about the new trends of public administration, and we will analyze the legalstatus of local competences set in terms of three dimensions: how they are defined, the extent ofcompetences and how to modify the powers.
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Padot, Rebecca. "How Effective Public Managers Transform Separation of Powers into “Inseparable Powers” in United States Foster Care Administration Networks." Complexity, Governance & Networks 5, no. 1 (2019): 121. http://dx.doi.org/10.20377/cgn-89.
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Results from a four state foster care administration field research study in the United States with over 55 key player interviews produced data on what particular networking practices public managers perform that contributes to foster care administration effectiveness. One of these practices was the concept of inseparable powers, whereby the traditional checks and balances roles of the judicial, executive, and legislative branches are slightly altered in eras of state-level foster care administration effectiveness. During a period of inseparable powers, effective public managers work across the state branch boundaries in the United States with partners from other branches to produce better foster care outcomes.
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Polyakov, M. M. "Anti-corruption monitoring in public administration." Actual Problems of Russian Law, no. 3 (May 4, 2019): 75–81. http://dx.doi.org/10.17803/1994-1471.2019.100.3.075-081.
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The paper deals with the concept, essence and purpose of anti-corruption monitoring in public administration. The author carries out a comprehensive analysis of the main directions of anti-corruption monitoring exercised by the relevant officials of state bodies. The paper examines provisions of normative legal acts at the Federal level and at the level of constituent entities of the Russian Federation that envisage the order of anticorruption monitoring, as well as the powers of participants of this direction of combating corruption in public administration. The author gives examples of reporting documents of anti-corruption monitoring of some public authorities and gives his own assessment of their content. The author substantiates the proposals for amendments and additions to the federal anti-corruption legislation in order to consolidate anti-corruption monitoring as one of the most important tools to combat corruption.
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Svitlychnyy, O. "PUBLIC ADMINISTRATION IN THE ACTIVITIES OF THE JUDICIAL BRANCH OF GOVERNMENT." Scientific Notes Series Law 1, no. 13 (2023): 219–22. http://dx.doi.org/10.36550/2522-9230-2022-13-219-222.
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In accordance with the current legislation of Ukraine, the state provides funding and appropriate conditions for the functioning of courts and the activities of judges, which provides for a separate determination in the State Budget of Ukraine of expenses for the maintenance of courts not lower than the level that ensures the possibility of full and independent administration of justice in accordance with the law. In Ukraine, there is a single system of ensuring the functioning of the judiciary - courts, bodies of judicial governance, other state bodies and institutions of the justice system. This means that the functioning of the judicial branch of power is impossible without the functioning of the system of authorized state bodies defined by laws and other legal acts, as well as other subjects when they exercise public-power management functions on the basis of legislation, including the implementation of delegated powers to carry out public administration, the purpose of which is the organization, coordination and practical activities of persons exercising administrative powers aimed at ensuring the proper functioning of the judiciary as a whole. For this purpose, the article analyzes the works of scientists who researched the issue of management relations and the activity of public court administration, as well as the provisions of the Laws of Ukraine «On the Judiciary and the Status of Judges», «On Civil Service», the Code of Administrative Procedure of Ukraine, which made it possible to clarify the circle of subjects of power and non-power authority, as well as to determine the system of ensuring the functioning of the judiciary. In view of the analyzed legislative and other regulatory legal acts, it is emphasized that in certain cases, subjects of public administration can also act as subjects of public administration. It was concluded that the organizational and administrative activities of public administration are carried out by a wide range of subjects of public administration, whose activities are regulated by laws and other normative legal acts and are aimed at effective support of the work of courts (judges).
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Bila, V. R. "Public Administration’s Regulatory Acts: Classification Issues." Bulletin of Kharkiv National University of Internal Affairs 87, no. 4 (2019): 71–80. http://dx.doi.org/10.32631/v.2019.4.07.
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The author has attempted to group public administration’s normative acts. The advantages of classification as the method of cognition of state and legal phenomena and rules of its conduction have been outlined. The criteria for classification of public administration’s regulatory acts have been clarified. That made it possible to specify the content of the components identified as a result of the classification. The author has emphasized the necessity of forming theoretical system of regulatory acts as forms of public administration, establishing their clear hierarchy and competent independence.
 Based on the competence of the public administration entity, it has been offered to distinguish general, departmental, interagency and local regulatory acts. The author has offered to improve the competence of public administration agencies with regard to normative and legal regulation of public administration relations. The author has indicated on the need to rethink the scope of the concept of local regulatory acts and has offered to include exclusively the acts of professional self-government agencies of socially important professions. The author has emphasized on the necessity to set general requirements for local rule-making in order to avoid procedural violations.
 According to the functional purpose, the author has offered to distinguish program, regulatory, law enforcement, competence, statutory and structural acts, as well as planning acts. Competent acts define the sphere of responsibility, main tasks and powers, managerial relations within the agency of public administration and its organizational and legal form; structural acts – the territorial and functional structure of public administration agencies, distribution of powers, etc., statutory acts – the procedure of management and functioning of public institution. Program and planning acts do not cause the immediate effects of legal consequences such as the emergence, change or termination of subjective rights and legal obligations and related legal relations, which, however, does not mean that they do not lose the features of normativity. The legal force of such acts will depend on the entity that approved the act: the higher its place in the hierarchy of executive authorities, the higher its legal power.
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Hamza Ethelb. "Tethered Public Administration Reform in Libya." Journal of Public Administration Research 1, no. 1 (2024): 14–22. http://dx.doi.org/10.32996/jpar.2024.1.1.2.
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This paper explores the challenges and impediments faced in achieving comprehensive administrative reform. The study examines key aspects of the Libya administrative structure that was raised in a workshop organized by the UNDP. It includes the public administration structure, decentralization, fiscal sustainability, economic development, digital transformation, and e-government. It explores the problems and issues impacting reform efforts, such as the paucity of political will, limited reformative capacity, bureaucratic resistance, and the prevalent issue of ghost employment. The research reveals that Libya's public administration system is in dire need of transformative reforms to improve governance, enhance service delivery. Decentralization of administrative powers and resources emerges as a crucial factor for local development and effective public service provision. This research outlined the complexities surrounding public administration reform in Libya and offers guidance for policymakers, practitioners, and scholars to navigate these challenges and drive positive change in the Libya's governance and administrative systems.
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Алимухамедов, Сухроб, and Suhrob Alimuhamedov. "DECENTRALIZATION OF PUBLIC ADMINISTRATION: A COMPARATIVE ANALYSIS OF THE EXPERIENCE OF THE REPUBLIC OF UZBEKISTAN AND FOREIGN COUNTRIES (BY THE EXAMPLE OF FRANCE AND THE FEDERAL REPUBLIC OF GERMANY)." Journal of Foreign Legislation and Comparative Law 3, no. 3 (2017): 36–42. http://dx.doi.org/10.12737/article_593fc343a74d88.99496618.
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The article provides a comparative analysis of the experience of the Republic of Uzbekistan in the sphere of decentralization of public administration, and developed countries such as France and Germany. The issues concerning organizational and legal support of decentralization of public administration in these countries were analyzed as well. The author has analyzed the stages of decentralization of public administration in France and its peculiarities; the administrative-territorial entities of the French Republic and their relations with the central authorities are also considered in present article. The powers of the Federation and the German federal land, as well as their relationships are considered. The article also studied the powers of the communities in Germany, as well as their relationships with each other, with the federal states and the federation. Moreover, the Institute of Federal enforcement in Germany as a means of control by the Federation is considered as well. The article contains the stages of the decentralization of public administration in the Republic of Uzbekistan, issues on the differentiation of powers between the central government and state authorities in the local areas. There are disclosed the powers of the authoritative local bodies, the issues of organizational and legal support to their activities, as well as their relationship with the central bodies of state administration. The article also shows the role and nature of self-government bodies in the process of decentralization of public administration in the Republic of Uzbekistan.
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Sakhniuk, V. "Subjects of public administration through the system of free legal aid: general theoretical aspect." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 306–10. http://dx.doi.org/10.24144/2788-6018.2022.05.57.
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The article examines the powers of public administration subjects through the system of free legal aid. It was established that public administration is performed by the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine and the Coordination Center. The place of the Cabinet of Ministers of Ukraine in the management system of the free legal aid system is characterized. It has been proven that the Cabinet of Ministers of Ukraine possesses general managerial competence, which is manifested in the rule-making and organizational-regulatory powers regarding the system of providing free legal aid. The article establishes that the Ministry of Justice of Ukraine carries out general management of the system of free legal aid, at the same time exercising organizational, law-making and normative, coordination and advisory powers in the system of ensuring the right to free legal aid.
 Special attention was paid to the powers of the Coordination Center, which is a special management body and exercises powers of an organizational, coordinating, expert-analytical, informational, and controlling nature.
 It was concluded that public administration through the system of free legal aid is a purposeful activity of authorized subjects aimed at ensuring the right to free legal aid.
 The system of entities that carry out public administration is characterized by the following immanent features: first, it includes the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine and the Coordination Center; secondly, in contrast to other systems of public administration, it is not extensive; thirdly, it includes subjects possessing general and special management competence; fourthly, the sphere of social relations in relation to which public administration is carried out is specific and includes a positive obligation of the state to ensure the right to free legal aid.
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Potapenko, S. A. "FEATURES OF RESOLVING ISSUES OF ADMINISTRATIVE-TERRITORIAL STRUCTURE BY MILITARYCIVILIAN AND MILITARY ADMINISTRATIONS." Economics and Law, no. 4 (December 8, 2022): 10–19. http://dx.doi.org/10.15407/econlaw.2022.04.010.
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The article is devoted to the analysis of peculiarities of resolving issues of administrative-territorial system by militarycivilian administration and military administrations using the methods inherent in military administration, it is determined of their list, is on the basis of the analysis of legal acts, the current legislation and scientific works. It is considered organizational and legal forms of exercise by the subjects of powers in the studied field and ways of regulating their competence. It is revealed that the method of partial regulation was used to regulate the competence of military-civilian administration in the field of administrative-territorial system solving issues of in the legislation, when only their most important powers are determined. At the same time the competence of military administrations in the specified field is defined by dual — the way of the subject to the powers (own powers) and which are only presented in the legal context and in a combined manner (expanded powers). It is argued that the legal status of military-civilian administrations and military administrations in a multi-level hierarchical system of subordination in certain cases causes additional approvals in resolving the issues of administrative and territorial system. It has been proven that the legal regime of Martial law has been affected by the process of resolving the military administrations of the administrative-territorial system, and therefore this process can exclude the stages of public hearings, publication on official websites and other media information on disposal information the heads of these administrations. Considering the national nature of solving the issues of administrativeterritorial system, their importance and relevance, it is suggested to switch to the way of whole regulatory regulation of competence military-civilian administration and military administrations the author formulates proposals for improving the current legislation in the specified field.
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Muzyczka, Karolina. "Powers of a party in administrative enforcement proceedings." Zeszyty Naukowe Państwowej Wyższej Szkoły Zawodowej im. Witelona w Legnicy 3, no. 40 (2021): 25–42. http://dx.doi.org/10.5604/01.3001.0015.4456.
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Enforcement in administrative enforcement proceedings consists in the establishment by a competent public administration body of a state coercive measure in order to fulfill public-law obligations. Thus, administrative enforcement is a form of direct interference by public administration bodies in the sphere of rights and freedoms of an individual, which means that it is subject to legal regulation. In order to provide an individual with protection against unjustified interference with their rights and freedoms, the possibility of applying legal measures against acts and enforcement actions against them was granted.
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Mushenok, Victor. "CIVIL OVERSIGHT OF THE ACTIVITIES OF STATE BODIES IN THE SPHERE OF ENSURING NATIONAL SECURITY." National Security: Law and Economics, no. 1 (December 28, 2024): 51–59. https://doi.org/10.51369/3083-5917-2024-1-6.
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The article examines the issue of regulatory and legal regulation of civil society control (supervision) over the activities of public administration in the process of ensuring national security in Ukraine under the conditions of the administrative and legal regime of martial law. The special role of active representatives of civil society in the researched relations is indicated and it is determined that further legislative provision of their powers of control (supervision) and influence on decision-makingand implementation of measures by representatives of state authorities in the field of national security is necessary. Peculiarities of the formation of relations of public control (supervision) of the activities of the public administration according to international legal acts such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the European Social Charter, etc. are considered. It was established that further consideration of the international regulatory and legal consolidation of the powers of public associations is important for the development of national relations of control public security activities. The national regulatoryand legal basis for regulating the powers of representatives of civil society in the security and defense sector of Ukraine, which are enshrined in the laws of Ukraine "On National Security of Ukraine", "On Public Associations", National Security Strategyof Ukraine, and State Administration Reform Strategy of Ukraine for 2022-2025 years, etc. It was established that the subjects of public control over the activities of the public administration in the field of national security have insufficient powers. It is proposed to maintain the draft Law of Ukraine "On the Legal and Organizational Basis of Public Control and Public Dialogue in Ukraine" and make appropriate additions to the principles of public control over the activities of public administration in the field of national security and defense. A scientific interpretation of domestic standards of civil control over public administration regarding ensuring the national security of Ukraine is offered.Keywords: Administrative and legal regulation, public supervision, public associations, state policy, state bodies, international acts, national security, national legislation, political rights.
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Kostin, Sergei Gennad'evich. "Police discretion in the context of the digital transformation of public administration." NB: Административное право и практика администрирования, no. 1 (January 2025): 24–38. https://doi.org/10.7256/2306-9945.2025.1.72163.
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The problem of police discretion is one of the key issues in the modern science of administrative law and public administration practice. The relevance of the topic is due to the need to find an optimal balance between giving police officers a certain degree of freedom in decision-making and ensuring the legality of their actions. In the context of the digital transformation of public administration, issues of modernization of mechanisms for the implementation of discretionary powers are of particular importance. The subject of the study is the discretionary powers of police officers in the course of administrative activities. The purpose of the study is to analyze the factors influencing the decision-making process of police officers, to determine the limits of police discretion, as well as to formulate proposals for the modernization of mechanisms for the implementation of discretionary powers in the context of the digital transformation of public administration. During the research, the dialectical method of scientific cognition was used, as well as a system of general scientific and private scientific methods based on it. Of the general scientific methods used: logical method, system-structural method. Of the private scientific methods used: the formal legal method and the method of comparative jurisprudence. Based on the positive foreign experience, the possibilities of adapting successful practices of regulating discretionary powers were considered. In the article, the author formulated the most significant directions for the introduction and development of technologies of the public administration system, as well as the possibilities provided by them for use in law enforcement activities. The analysis of theoretical aspects and factors influencing the decision-making process of police officers in the context of digitalization of public administration allowed the author to propose directions for the modernization of mechanisms for the implementation of discretionary powers.
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Kirika, Diana, and Alla Bodnar. "TRANSFORMATION OF STATE GOVERNMENT IN UKRAINE." Administrative law and process, no. 2 (29) (2020): 18–29. http://dx.doi.org/10.17721/2227-796x.2020.2.02.
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The article discusses the principles of organization, functioning and interaction of the system of central executive bodies and local authorities, models of the distribution of powers and responsibilities between them. Attention is drawn to the essence of such interaction and the connection of these bodies with other facts and processes of public and state life is manifested. The search for ways to improve the legislation of Ukraine, in accordance with the standards of the Council of Europe, in the context of decentralization and local government reform, has been carried out. In particular, attention is drawn to problematic issues related to the fact that the citizens of Ukraine getting their own administrative centers with clearly defined territories can simultaneously destroy the decentralization reform, concentrating all the powers in the hands of the central government. In this regard, the issue of establishing territories of territorial communities cannot be the authority of a centralized executive power, that is, the Cabinet of Ministers of Ukraine. It should be determined by the legislative body – the Verkhovna Rada of Ukraine jointly with the local self-government bodies. Further re-organization of local state administrations into prefectural bodies, which will oversee the legality of certain community decisions, also needs in-depth analysis. The spheres of activity of the state are directly transformed into the spheres of public administration. Recognizing the leading idea of the self-government`s study, the authors do not negate the concept of “public administration”. The article proves that it is the democratic transformation of public administration that will enable modern local self-government institutions to be formed. In this context, the powers of local governments and executive authorities in their interaction are analyzed in detail. The powers are delegated by the state to local self-government bodies only at the level of the administrative-territorial structure at which it is possible and appropriate to exercise them. And legal acts of local governments, adopted in violation of the Constitution and legislation of Ukraine, must be stopped until the question of their legality is resolved.
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Chagin, Ivan, and Vladislav Yakovlev. "Functional Decentralization of Public Administration: France Experience and Domestic Reality." Academic Law Journal 23, no. 3 (2022): 293–301. http://dx.doi.org/10.17150/1819-0928.2022.23(3).293-301.
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This article analyzes the functional decentralization of public administration in Russia and France. The experience of France in the organization of public administration through the institution of independent administrative bodies is considered. Based on the principle of the historical approach, the dynamics of the development of independent administrative bodies in France since 1978 is examined. There are two historical periods in the formation of independent administrative bodies in France. Applied methodological approach allowed the authors to identify the main reasons for the emergence of these institutions in the institutional landscape of public administration in France: the objective need for decentralization and deconcentration of public administration in the most sensitive areas for human and civil rights and freedoms; the need to improve the efficiency and effectiveness of public administration; ensuring the professionalism of public administration in certain sectors of the economy and so on. Exploring the current state of the legal status of independent administrative bodies in France, the powers' heterogeneity of independent administrative bodies is noted. In his connection the authors distinguish two approaches. The first approach vests independent administrative bodies with exclusively control and quasi-jurisdictional powers. The second approach is characterized by vesting independent administrative bodies with powers of «legislative» nature (they can establish rules of conduct), executive (they independently control the application of these rules) and quasi-jurisdictional (they resolve any disputes that may arise in connection with the application of these rules). In conclusion, the authors point out the advantage of having independent administrative bodies in the institutional landscape of public administration, associated with the degree of their autonomy, which is ensured by the presence of organizational and financial guarantees of independence from the state, which as a result provides a certain balance between the institutions of the state and civil society.
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Spiridonov, P. E. "Non-Profit Organizations as Subjects of Administrative Law." Lex Russica, no. 1 (January 1, 2019): 51–61. http://dx.doi.org/10.17803/1729-5920.2019.146.1.051-061.
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The article considers the role of non-profit organizations in the system of public administration and focuses on the peculiarities of their administrative and legal status. The author highlights an increasing role of nonprofit organizations in the system of public administration, as it is connected with the evolution of the mechanism of public administration, its decentralization and attempts to use the mechanisms of self-organization. Due to the possibility of delegation of a number of public powers by the state to non-profit organizations, it is concluded that the composition of the participants with powers in the system of public administration has changed. By involving non-profit organizations in the system of public administration, the State pursues the goal of reducing the “visible” role of the State in various spheres of economy and a political sphere. Due to the transfer of certain public powers of the State to non-profit organizations, such organizations will combine different aspects of the legal nature of the organizations, in particular the intertwined civil law status and the administrative law status, since the same normative legal acts are used without taking into account the peculiarities of legal relations in which the relevant types of non-profit organizations participate. The difference between the legal status, the legal status of a non-profit organization as a participant of administrative legal relations and a non-profit organization as a participant of civil law relations is that in civil law a non-profit organization is considered as an organizational and legal form of a legal entity — a participant of transactions and relations regulated by civil law; under administrative law and in administrative-procedural relations it is treated as a form of implementation of public rights of citizens in the sphere of public administration, certain public powers of the State in the sphere of public administration. Attention is drawn to the duality of the legal status of non-profit organizations, that is associated, among other things, with different moments of their legal personality. The moment of emergence of capacity under administrative law and legal capacity differs from the similar moment of emergence capacity under civil law and legal capacity.
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NAGORNYKH, R. V. "Theoretical approaches to the definition of the subject of administrative law and process." Ius Publicum et Privatum 2, no. 12 (2021): 138–49. http://dx.doi.org/10.46741/2713-2811-2021-2-138-149.
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The article substantiates the conclusions that the subject of modern administrative law and process in Russia is a complex multifaceted legal phenomenon that includes various social relations. The basis of the constitutional model of the subject of modern administrative law and process is public relations in the field of protecting the rights and freedoms of the individual by limiting discretion and arbitrariness in public administration, the development of institutions of judicial and public control over the activities of public administration as well as various public relations regarding the formation of the architecture of public power, direct implementation of administrative law enforcement activities in the field of public administration, the creation and direct participation of domestic subjects of public administration in the activities of international organizations endowed with administrative powers in the field of interstate interaction and coordination, supranational administrative regulation, control in the field of protecting national and global interests in ensuring security, economic and cultural development of various states and peoples
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Bilchuk, O. "Features of viewing the discretionary authorities of the subject of public administration before and after the adoption of the law on administrative procedure." Society and Security, no. 2-3(3) (July 31, 2024): 44–48. http://dx.doi.org/10.26642/sas-2024-2-3(3)-44-48.
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The article carries out a selective, retrospective analysis of scientific publications and analytical materials that highlight the discretionary powers of the entity performing the functions of public administration. The relevance of this issue is due to the entry into force of the Law of Ukraine No. 2073-IX "On Administrative Procedure" (from now on referred to as Law No. 2073-IX) and the adaptation of the legislation of Ukraine, the procedures of state bodies and officials, to the requirements of the specified Law No. 2073-IX. The positive need for discretionary powers is determined by the fact that with their help administrative procedures: become flexible in the hands of the subject of public administration, i.e. can adapt to a specific life situation; remain effective in the event of a change in circumstances (let's say legislation), the subject of public administration, within the framework of its discretionary powers, is not obliged to wait for detailed instructions or explanations to perform the functions of public administration. The more deeply, including in the historical context, the more the subject of public administration will understand his discretionary powers, the more effectively and confidently he will apply them. The wider and more multifaceted he will know the scope of his discretionary powers, the better the administrative services he will provide and the administrative decisions will be made. Therefore, in the opinion of the author, any alternative methodical approaches to working with discretionary powers are currently relevant based on the fact that a significant part of administrative procedures in Ukraine has not yet been adapted to the requirements and principles of Law No. 2073-IX, and therefore each a new perspective will give them a more comprehensive understanding. In the article, the main attention is focused on the historical aspect, with the help of which an attempt was made to reveal the specific features of discretionary powers, which are provided for by Law No. 2073-IX. Also, the first part of the article is devoted to the general understanding of discretionary powers and the development of this institute among legal scholars and practitioners.
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TSORIONOV, V. V. "ADMINISTRATION OF TAX BENEFITS BY THE TAX AUTHORITIES OF THE RUSSIAN FEDERATION." Law Gazette of the Kuban State University 16, no. 3 (2024): 29–35. http://dx.doi.org/10.31429/20785836-16-3-29-35.
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Tax authorities act as the main conductors of the fiscal function of the modern state. Realizing their powers, they contribute to the economic and social development of public and legal entities, prevent, detect and suppress tax offenses, as well as participate in ensuring the balance of public and private interests, including in the process of administration of various tax benefits.The purpose of the study is to determine the content of the powers of the Federal Tax Service of Russia and its territorial subdivisions in the administration of tax benefits at the current stage of development of tax legislation. The main methods of research were general scientific methods of cognition (analysis and synthesis, generalization and analogy), philosophical method of dialectical cognition, special methods of technicallegal and comparative-legal analysis. As a result of the study, it was established that the administration of tax benefits by the Federal Tax Service of Russia and its territorial bodies includes: 1) powers to administer the introduction of benefits by state authorities and local governments; 2) powers to administer the realization of the right to benefits belonging to taxpayers. In their totality, these groups of powers are aimed at ensuring the balance of private and public interests in the formation of centralized funds of the state and its territories.
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Репело, В. В. "ON THE QUESTION OF DEFINITION OF THE CONCEPT OF ADMINISTRATIVE ACTIVITY OF THE STATE MIGRATION SERVICE OF UKRAINE." Juridical science, no. 1(103) (February 19, 2020): 230–36. http://dx.doi.org/10.32844/2222-5374-2020-103-1.27.
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The study analyzes the categorical apparatus related to the concept of administrative activity of the State Migration Service in Ukraine, namely the categories «administration», «public administration», «public administration», «administrativeactivity»andothers.Thedefinitionoftheconceptof«administration» in the encyclopedic literature, in particular in the Legal Encyclopedia, highlights the main features of the administration, public administration. The term «public administration» is analyzed, the positions on definition of this definition by researchers O. Shatylo are given), it is indicated that this term is used in two meanings (narrow and wide), the definitions of public administration of V. Averyanov, R. Kravtsova, S. Chernov are also given. A. Zelentsov’s position on the characteristic features of public administration that distinguish it from private administration is highlighted. The main attention is paid to the disclosure of the term «administrative activity», the definition is defined in the reference literature, namely in the Great Ukrainian Encyclopedia, the Encyclopedia of Modern Ukraine. It is emphasized that the administrative activities of public authorities are implemented through the powers vested in the state, and from the state they receive the right to perform administrative functions, such powers are defined exclusively in regulations of the state and its authorities. Positions on the definition of «administrative activity» by M. Ishchenko, E. Mishchuk, A. Sorochynsky, S. Petkov and L. Spytska are given. Based on the analysis of legislation, bylaws and scientific literature on administrative law, the definition of the concept of administrative activity of the State Migration Service of Ukraine is proposed.
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Markova, Hana. "Public Bureaucracy from the Perspective of the State Budget." Public Governance, Administration and Finances Law Review 4, no. 1 (2019): 19–25. http://dx.doi.org/10.53116/pgaflr.2019.1.2.
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The state covers needs that are necessary for the running of the state from its revenues (most often from tax revenues). If territorial self-governments exist, certain public goods are funded from territorial budgets. The state contributes concurrently to territorial self-governing units to the performance of delegated powers – most often through subsidies. The contribution to the performance of state administration can be considered one of these subsidies. At all levels of government, the effect of bureaucracy is manifested in the form of coercion consisting of the use of “normative” power and “rewarding” power.
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Solovyev, А. I. "«STATE MANAGEMENT» AND «PUBLIC ADMINISTRATION»: CONFLICTS OF CONCEPTS AND PRACTICES." Вестник Пермского университета. Политология 16, no. 2 (2022): 39–48. http://dx.doi.org/10.17072/2218-1067-2022-2-39-48.
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The growth of various versions of the reform of the public administration system, focusing on the monopolistic powers of the centers of supreme power, poorly reflect the positioning and activity of local centers of influence, which reduces the effectiveness of public institutions and does not allow to aggregate the constructive energy of society. The creation of conditions for the institutionalization of the actual influence of local structures on social processes involves a transition from the model of "public administration" to a broad political and managerial structure - "state management", which allows interpreting the entire palette of relations between the ruling/subordinate and the governing/governed within the framework of the national state. Various possibilities of modern polities in the institutionalization of this political and administrative architecture show the flaws in the democratic configuration of relations between the state and society existing in these countries, as well as the possibilities of preventing the risks of political destabilization.
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Stefanchishen, Roman, Andrii Ihnatiev, and Olena Pasechnyk. "CENTRALISATION OF POWERS OF PUBLIC ADMINISTRATION ENTITIES UNDER MARTIAL LAW AS A GUARANTEE OF ECONOMIC AND LEGAL STABILITY OF THE STATE FUNCTIONING." Baltic Journal of Economic Studies 10, no. 4 (2024): 352–60. https://doi.org/10.30525/2256-0742/2024-10-4-352-360.
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The subject of the study is the impact of the concept of centralisation of powers among public administration bodies under martial law conditions as a prerequisite for ensuring national security in general and economic security in particular. Methodology. The research was conducted using general and specific scientific methods of cognition. The comparative method was used to identify changes in the status of the activities of public administration bodies under martial law. The quantitative and qualitative parameters characterising the peculiarities of the application of certain measures of the martial law regime were determined by means of analysis. The results of the study indicate that there is an immediate need for authorised entities in Ukraine to modify their activities in order to enhance and adapt the existing measures to the conditions of martial law. It has been determined that the powers of the President of Ukraine and military administrations in the field of economic security, which are applied during the legal regime of martial law, must be revised. Conclusion. The authors establish that under martial law, the President of Ukraine, the National Security and Defence Council and military administrations are vested with a wide range of powers, including those which directly affect economic relations at the State and municipal levels. The paper presents a proposal to amend the current legislation with a view to clarifying the powers of military administrations, which will ultimately facilitate their compliance with the fundamental principles of state regulation. The role of the National Security and Defence Council is defined as an institution that identifies national security risks (including financial and economic ones) and develops strategies to reduce their latency.
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Zhukova, Y. O. "Ontological principles of public administration." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 108–11. http://dx.doi.org/10.24144/2788-6018.2021.03.19.
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The article is devoted to the definition of the ontological foundations of public administration.The article establishes that the emergence of the institution of public administration in legal science and state practice as a special method and structure for the implementation of certain functions of the state requires clarification of the features of the existence and existence of this institution, which will make it possible to understand its properties.The author has argued that the legal nature of public administration in a democratic rule-of-law state consists in the implementation by specially authorized representatives of the state and / or representatives of territorial communities elected in accordance with the established procedure, aimed at the realization of the interests and needs of individuals and legal entities within their competence established by law or by-laws. legal acts This is the natural-ontological aspect of public administration.The structure of public administration is considered from two perspectives: firstly, as the structure of the public administration itself, with the latter's inherent hierarchical nature, institutionalization of the functions performed and focusing on the competence of officials of public authorities. Secondly, this is the structure of the public administration process, including setting goals, identifying tasks, choosing subjects, endowing them with appropriate functions and powers, planning and monitoring their activities, choosing criteria for evaluating their activities and conducting the assessment process itself in accordance with the selected criteria. of these angles creates the structural aspect of the ontology of public administration.Attention is focused on the fact that the dynamic aspect of the ontology of public administration is the value and objective orientation of the activities of the public administration within the framework of the public policy existing in a particular state in accordance with a specific sphere of public relations.It was made that ontology as a formal specification of a certain subject area in the process of public administration in a democratic legal state performs the functions of connecting the conceptual-strategic level of public policy, characterized by a high degree of abstraction, with a practical-activity level, at which the needs of participants in public legal relations and urgent tasks are realized specified policy.
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Volchenko, M. "SUBJECTS OF PUBLIC ADMINISTRATION WHICH PERFORM ADMINISTRATIVE AND LEGAL REGULATION IN THE SPHERE OF THE ANIMAL WORLD." Scientific Notes Series Law 1, no. 13 (2023): 103–8. http://dx.doi.org/10.36550/2522-9230-2022-13-103-108.
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This article discloses the system of subjects of public administration that carry out administrative and legal regulation in the field of the animal world. The author determined that the subjects of legal regulation in the field of the animal world are a system of state and non-state bodies that are endowed with state-authority powers (or such powers are delegated to them) and are authorized to apply organizational, economic, and legal measures for the protection, use, and restoration of the animal world . State management and regulation in the field of protection, use and reproduction of the animal world is carried out by the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations, authorized central executive bodies in the field of protection, use and reproduction of the animal world, which include the central body of executive power that ensures the formation of state policy in the field of environmental protection, the central body of executive power that implements state policy in the field of environmental protection, the central body of executive power that implements state policy in the field of state supervision ( control) in the field of environmental protection, rational use, reproduction and protection of natural resources, the central body of executive power implementing state policy in the field of forestry and hunting, the central body of educational authorities implementing state policy in the field of fisheries, other authorized bodies of executive power in accordance with their powers and local self-government bodies. The largest number of subjects of legal regulation of the animal world belongs to the bodies of the executive power: the Cabinet of Ministers of Ukraine; Ministry of Ecology and Natural Resources of Ukraine; State Environmental Inspection of Ukraine; State Agency of Fisheries of Ukraine, State Agency of Forestry of Ukraine, State Agency of Ecological Investments of Ukraine.
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Reis, Érica Paula Ribeiro dos, and Solange Barreto Chaves. "INDISPENSABLE REQUIREMENTS IN PUBLIC BIDDING." RCMOS - Revista Científica Multidisciplinar O Saber 2, no. 1 (2024): 267–74. http://dx.doi.org/10.51473/rcmos.v2i1.293.
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When dealing with the topic discussed here about the essential requirements in a public tender, we are obliged to touch on any powers in the administrative sphere, even those that require access to goods and services to provide good jobs to citizens, who have their own rights and obligations that the law constitutes and guarantees must be fully exercised. Public administration must always aim at the service of the collective interest and, by law, must manage public funds effi ciently. Knowing that your mismanagement can lead to penalties provided by law. Thus, the principles that govern the administration of public administration must be strictly observed, either in the provisions of Law No. 8.666/93 of the Federal Constitution, or in any other legal provisions, essential to the exercise of public administration, especially when it concerns the of bidding. It soon became clear that the objective of a clear and concise public tender was to allow the process of contracting works, services, purchases and assignments to be conducted democratically and fairly throughout the entire process. This allows the State to spend and allocate public resources in the most benefi cial way for the public administration.
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BAIMENOV, ALIKHAN М. "About some of the factors for public administration effectiveness." Public Administration 22, no. 1 (2020): 26–32. http://dx.doi.org/10.22394/2070-8378-2020-22-1-26-32.
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The article emphasizes that modern governments, working in unique socio-economic, historical and cultural conditions, must take into account global trends, as well as the growth of citizens’ expectations associated with the rapid development of information technologies and other factors. In such circumstances, special attention is paid to the effectiveness of public administration. The article discusses some of the significant factors impacting the effectiveness of public administration, such as the professionalization of the state apparatus, the legibility of the institutional framework, the optimization of information flows and corporate culture. In accordance with this, on the basis of work experience in the public administration system and analysis of civil service reforms in the countries of the region, the main challenges and possible solutions are shown. In the professionalization of the state apparatus, the importance of the merit principles in the selection and promotion stages of personnel through the empowerment of human resource (HR) management services, the integrity of tools and approaches at all stages of selection process, and the responsibility of the selection board are noted. The author focuses on the need to ensure a balance of powers, responsibility and resources, delimitation of powers between political and administrative civil servants, optimization of information flows. Particular importance is paid to corporate culture, which is one of the main factors affecting the efficiency of the state apparatus. It is noted that central values of corporate culture and leadership in state bodies of the countries of our region, along with generally accepted in the modern leadership theory, should be respect for the dignity, work and time of employees.