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Journal articles on the topic 'Public administrative functions'
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1
Саранчук, Юрий, Yuriy Saranchuk, Игорь Мукиенко, and Igor Mukienko. "FUNCTIONAL MODEL OF ADMINISTRATIVE LAW." Advances in Law Studies 6, no. 2 (September 20, 2018): 20–25. http://dx.doi.org/10.29039/article_5b85b382a67ef7.08311690.
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The article considers a methodological approach to the analysis of administrative law as a system. The basis of this approach is the different content characteristic of the category "function" in the theory of administrative law. A brief overview of legal models based on the regulatory and protective functions of administrative law, public administration functions, and the functions of federal executive bodies is given.
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Tsyvinskyi, Oleksandr. "FEATURES OF PUBLIC OFFICIAL IN CRIMINAL LAW OF UKRAINE." Social & Legal Studios 12, no. 2 (June 30, 2021): 113–20. http://dx.doi.org/10.32518/2617-4162-2021-2-113-120.
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Introduction. In spite of definitude of the concept of public official directly in Criminal Code of Ukraine, its definition makes many difficulties. As the result there is an absence of the only approach concerning interpretation of context and amount of the concept in theory as well as ambiguous applying of relevant criminal and legal norms in enforcement practice. Purpose. The purpose of the article is to find out the subject matter of public official, as well as preparation of improvement of definition of the public official notion in criminal legislation. Results. Persons, that implement functions of a representative of authority or local self-administration, should also be referred as persons empowering the rights from state and its bodies; municipalities, bodies of local self-government make demands and solve problems, which are necessary for implementation by external respondents (entities, that are not subordinate by position and legal entities) and also implement from state, its bodies, bodies of local self-government enforcement measures in case of violations of legal norms. Organizational and regulatory functions should be exclusively considered as functions of administration working with employees that are implemented by person’s availability to make orders, instructions, commands, take encouragement and penalty measures referring to them. Administrative and economic functions should be perceived as functions of administration or disposal of other people’s property. Conclusion. Based on the research the author suggests to apply the defined term of public official instead of terms "an individual fulfilling functions of representative of authority or local self-government" "organizational and regulatory function" and "administrative and economic functions", terms "an individual empowered fulfilling state functions or local self-government", "functions concerning administration of work with employees" and "functions of administration and disposal of other people’s property" accordingly.
3
Payda, Yuriy. "Public administration as an object of administrative and legal regulation." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 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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Pravotorova, O. M. "FORMS OF ADMINISTRATIVE ACTIVITY OF PUBLIC ADMINISTRATION IN THE MECHANISM OF ADMINISTRATIVE LEGAL PROTECTION." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 123–27. http://dx.doi.org/10.15421/391970.
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Determined that the administrative-legal protection is an institution of administrative law, which consists of uniform rules of administrative law, whose legal influence is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legitimate interests of individuals and legal entities through administrative tools: forms of administrative activity of public administration, administrative coercion and administrative procedures. It is determined that forms of administrative activity of public administration in the field of administrative and legal protection is a classic expression of their administrative activity in the implementation of executive and administrative activities and the provision of administrative services in order to restore or prevent violation of the rights, freedoms or legitimate interests of individuals and legal entities. At the same time, public administration entities can use the entire arsenal of forms of administration of public relations by public administration, namely the issuance of regulatory and individual administrative acts, the implementation of other legally significant actions and logistical operations. It has been found out that logistical operations to maintain and use public registers of property rights by the public administration provide for the prevention of most property rights violations, and restore the infringed property rights through the decisions of certain administrative commissions. It is emphasized that the instruments of public administrative activity include normative acts of public administration, administrative discretion in the activities of public administration and e-government. Public administration regulations differ from other acts in that they establish, modify or repeal rules of law - mandatory rules of conduct established and protected by the state. In performing its functions, the public administration in the exercise of administrative and legal protection has the opportunity to use all the most common forms of administration of public relations by the public administration, in particular, such as the issuance of regulatory and individual administrative acts, the implementation of other legally significant actions, logistical operations, etc.
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Daniguelo, Antonio. "Ontology in Public Administration Includes Potential, Positivism and Rationalism Approaches." Journal La Sociale 1, no. 6 (December 4, 2020): 41–46. http://dx.doi.org/10.37899/journal-la-sociale.v1i6.209.
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This paper discusses Public Administration Ontology departing from the fundamental understanding of administrative ontology, which is a thought based on the nature and meaning contained in administration itself as a branch of administrative science. The ontology basis of scientific development of public administration in the context of the philosophy of administrative science is the essence of what is studied from the aspect of how the public administration process is managed properly to regulate, serve and protect the public interest. So here the government bureaucracy and also non-governmental organizations that play a role in carrying out government functions, both in the implementation of public services and economic, social and other development fields collectively. Substantially the area of study for managers' work has a variety of interests from governance and public matters, from defense and security to social welfare and environmental quality, from road and bridge design and construction to space exploration and from tax and financial administration to management issues. human Resources. This paper also discusses the Administrative Ontology Approach, Positivism and Rationalism in Administration.
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Аврутин, Юрий, and Yuriy Avrutin. "To the Question about Terminology Optimization for the Theory of Public Administration and Administrative Law in the Context of Understanding Efficient, Good, Reasonable Public Governance." Journal of Russian Law 4, no. 7 (July 5, 2016): 0. http://dx.doi.org/10.12737/20151.
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The article analyzes the approaches of the theory of public management and administrative law to such concepts as public governance, public administration and regulation, proves inexpediency of the use of the wide approach to understanding public administration; analyzes a pproaches to understanding control functions and managerial functions, suggests the author’s definition of the concept of “function” and “control function”, proves the expediency of using such concepts as functions-tasks and functions-operations. The author pays special attention to problematic issues of understanding governance as efficient, good, proper, reasonable governance, reveals general and specific content of these concepts, proves that they are conventional concepts and serve as qualitative characteristics of public governance and are of a doctrinal political-legal and axiological nature. As doctrinal concepts, they can influence modernization of the administrative law paradigm as a science, academic discipline, and a branch of legislation. The use of these concepts for instrumental purposes can help to specify criteria and indices, applied during the assessment of the status of public governance, actions and decisions of public administration agencies and functionaries, to the level of common sense, reflecting social feeling of citizens on the way to overcome estrangement between power and population, which is traditional for Russia.
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Prebilič, Vladimir, and Irena Bačlija. "Dynamics of Administrative Capacity in Slovenian Municipal Administrations." Lex localis - Journal of Local Self-Government 11, no. 3 (July 1, 2013): 545–64. http://dx.doi.org/10.4335/11.3.545-564(2013).
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A suitable quality level of the main functions and tasks of municipal administrations is a fundamental condition for the existence and development of every activity, not only for market-oriented organisations but also the public sector. Slovenian municipalities have not adopted a general policy on quality and it is therefore difficult to speak of the optimisation of work in a municipal administration, the efficiency and rationality of work, cost reduction, nor to evaluate the performance of an administration and the individual civil servants it employs. The authors of this article present the results of an empirical research project on administrative capacity carried out among the directors of Slovenian municipal administrations in both 2007 and 2012 and an analysis of the topic in the context of reorganisation of local administrations. By means of the Administrative Capacity Index (ACI), they evaluate the degrees of individual municipalities’ administrative capacities and establish at what population size a municipality can be regarded as administratively capable.
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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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Drakokhrust, Tetiana. "DEVELOPMENT OF PUBLIC ADMINISTRATION IN THE CONTEXT OF REORGANIZATION OF STATE GOVERNMENT IN UKRAINE." Roczniki Administracji i Prawa 1, no. XVIII (June 30, 2018): 19–28. http://dx.doi.org/10.5604/01.3001.0012.5978.
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The system of public administration in Ukraine as a set of state bodies and insti¬tutions, officials who are authorized to perform management functions in all spheres of state and public life has been considered in the article. It is emphasized that the process of reform¬ing the bodies of public administration in Ukraine continues, which reaffirms the thesis of the permanent modification of the state power and administrative functions connected with the emergence of new realities of social development. The article analyzes the important methodological provision of the relevant processes in this way so that the obtained results have the ability to ensure not only the accomplishment of the tasks set, but also in general realize the goals and directions of the whole system of public administration. It is general¬ized that the improvement of administrative procedures in the state has an important meth¬odological value for the implementation of public administration.
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Stakhov, Aleksandr I. "Autonomization of the Administrative Procedure in the Russian Federation as the Key to Understanding of Its Borders and Structure." Administrative law and procedure 11 (October 29, 2020): 8–15. http://dx.doi.org/10.18572/2071-1166-2020-11-8-15.
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In the article in strict accordance with the principles and norms of the Constitution of the Russian Federation through a special terminology series: 1) shows the specifics of the regulatory impact of administrative legislation and administrative procedure legislation in the Russian Federation; 2) separate independent administrative-legal (non-procedural) and administrativeprocedural forms of activity of Executive authorities and local self-government bodies for the implementation of administrativepublic functions (in this regard, called public administration). Developing an integrative understanding of the administrative process, the concept of administrative cases is revealed, arrays of administrative (non-judicial) cases and judicial administrative cases are identified, and administrative (non-judicial) cases are categorized. Such a special category as “Autonomous administrative process” is introduced into scientific circulation, which covers scientifically based methods of objective isolation of independent (Autonomous) forms of administrative and procedural activity of public administration and courts.
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Ruslin, Ruslin. "An Existence of State Administration Court in Establishing Good Governance." Aloha International Journal of Multidisciplinary Advancement (AIJMU) 1, no. 1 (January 31, 2019): 1. http://dx.doi.org/10.33846/aijmu10101.
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Administration officials have broad authority in carrying out the affair of government. With this broad authority tends to be misused to cause harm and injustice in the society, therefore there must be other institutions that control it. Based on the theory of Trigs Politico executive agencies are politically controlled by the legislative and juridical institutions controlled by the judiciary, because the officials running the state administration executive functions that control the judiciary is legally the state administrative court. Judicial control of administrative functions of the state administrative court in addition aims to provide legal protection for the public and state administration officials themselves, as well as state administrative law enforcement agencies who aspire to realize a good and authoritative government.
Keywords: Good government, State administration court
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Holovko, Kateryna, Svitlana Levchenko, and Oleg Dubinskiy. "SUBJECTS OF PUBLIC ADMINISTRATION: REFORMING THE CONCEPT IN UKRAINE." Baltic Journal of Economic Studies 6, no. 1 (March 16, 2020): 35. http://dx.doi.org/10.30525/2256-0742/2020-6-1-35-41.
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The article is devoted to the identification of subjects, which, under the conditions of administrative and legal reform and changes of the guidelines in the relations between the state and the citizen, carry out public administration. Emphasis is placed on the sphere of relations that cover the essence of public administration. It is proved that the effectiveness of administrative law through the lens of governance is doubtful and does not fully meet the requirements of the development of public relations. Therefore, it is necessary to return to the educational ideas of the functioning of the state and its interaction with citizens, which has a manifestation in public, not state; in administration, not government. The authors substantiate that public administration is the activity of public authorities, which manifests itself in a concerted influence on specific public relations by means of specific methods, tools, forms and aims to secure public interests. The relation between the concepts of "subject of public administration" and "public management" is investigated. The proposals of the leading Ukrainian administrative scientists regarding the essence of the category of "public management" are analyzed and the reasons for the dualism of approaches to its definition in the Ukrainian administrative and legal doctrine are revealed. In addition, the subjects of public administration are classified according to their competence, scope, functions, and objectives of public administration. The subject of the research is the subjects of public administration and their functions in administrative law. The purpose is a study of the institutional constituent of public administration and defining changes experienced by governing entities as a result of reformatting the concept of relations between the state and society in Ukraine. Methodological basis of the research is a set of methods and techniques of scientific knowledge. The methodological construction is based on a systemic analysis that determined its directions. The systemic approach in some issues was supplemented by the axiological (ideological) approach. Empirical methods such as observation, description, comparison, inductive generalization were used to identify tendencies of reforming the system of subjects of administrative law of Ukraine. Logical-semantic method was used for formulation and in-depth study of the conceptual apparatus. The dialectical method of cognition made it possible to investigate the problems associated with the definition of the concept of "public administration". The application of methods of modeling, analysis, synthesis, generalization and analogy made it possible to formulate the conclusions of the study. Conclusions of the research correlate with the delineation of the institutional component of public administration in Ukraine. The authors have made qualitative and quantitative changes concerning the updating of the subjects of administrative law. At the same time, in the conditions of development of Ukraine as a democratic and rule-of-law state, all reform initiatives should be systematic and consistent with each other, therefore, during the study, the features that characterize the subject of public administration are highlighted. The scientific and analytical monitoring of the state of the introduced changes and the consequences of the implemented administrative reform measures for the classification of the subjects of public administration was carried out. Practical implications. The results of the research will help to understand the basic aspects of the content of public administration better and can be used in the research field in order to further study the issue of transformational changes that governing subjects under the background of actualization of trends of democratization and humanization of administrative processes.
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KRASNIQI, Milot, Laura TAHIRI, and Azem KOLLONI. "The Reform of Public Administration in Kosovo." PRIZREN SOCIAL SCIENCE JOURNAL 4, no. 2 (August 31, 2020): 99–102. http://dx.doi.org/10.32936/pssj.v4i2.175.
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The reform of Public Administration in Kosovo is an essential part of the State-Building process. By the administrative reform, the Government aims to modernize the Public Administration, to strengthen its capacities and to make it more efficient and accountable. The post-conflict period in Kosovo from 1999 when the building of the new Public Administration in Kosovo began until the beginning of the administrative reform is a relatively difficult period for Kosovo. The reform of the Public Administration in Kosovo is manifested in two ways: first, in relation to its own development structure and, secondly, in relation to the functions it performs, the effects which are realized and the services provided to Institutions and citizens. The implementation of E-Government in Public Administration in Kosovo enables all efficient categories of Government services, at any time and from any distance, in order to meet daily needs of citizens. E-Government modernizes the administration and enables the creation of an efficient and accountable management at all levels of administration. Through the provision of electronic services to citizens, Kosova will be part of Europe.
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Đurman, Petra. "Participation in Public Administration Revisited." Hrvatska i komparativna javna uprava 20, no. 1 (March 31, 2020): 79–120. http://dx.doi.org/10.31297/hkju.20.1.4.
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Participation has been a relevant issue in public administration research and theory for several decades, especially in old democracies. However, recent processes of globalization, Europeanization and digitalisation, coupled with diminishing citizens’ trust in public institutions, have again made the concept of public participation topical. The aim of this paper is to provide a theoretical reflection on the concept and substance of participation in public administration and on research efforts. In order to do so, administrative participation is first defined and distinguished from other types of participation in modern democracies (political and civil participation). Participation in public administration encompasses the processes through which the public is directly involved in regulative and implementation functions of administrative organizations, as well as in the oversight of their functioning. The three main categories of participation in public administration are elaborated – regulative, implementing and oversight participation – together with some apparent forms (instruments) within each category. The main principles upon which administrative participation is based are also explained – transparency, openness, responsiveness and trust. The final part of the paper contains an overview of the existing research and evaluation of participation in public administration. The twofold value of participation – intrinsic and instrumental – is explained, its potential benefits and shortcomings are listed, and a distinction between the process and outcome dimension of participation is elaborated. Although the literature has become rather extensive and refined, one can conclude that unambiguous findings on the practical effects of participation are still deficient, especially with regard to its dependence on different contextual – especially organizational – variables. Therefore, some conceptual and methodological observations for further research are formulated.
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Haček, Miro, and Irena Bačlija. "The Administrative Capacity of Slovenian Municipalities." Lex localis - Journal of Local Self-Government 7, no. 3 (October 14, 2009): 307–27. http://dx.doi.org/10.4335/88.
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A suitable quality level of the main functions and tasks of municipal administrations is a fundamental condition for the existence and development of every activity, not only for market-oriented organisations but also the public sector. Municipalities in Slovenia have not adopted a general policy on quality and it is therefore difficult to speak of the optimisation of work in a municipal administration, the efficiency and rationality of work, cost reduction, nor to evaluate the performance of an administration and the individual civil servants it employs. The authors of this article present the results of an empirical research project on administrative capacity carried out among the directors of Slovenian municipal administrations plus an interpretation of the topic in the context of reorganisation of local administrations. By means of the Administrative Capacity Index, they evaluate the degrees of individual municipalities‟ administrative capacities and establish at what size (according to its population) a municipality can be regarded as capable of administration.
Ključne besede: • administrative capacity • municipality • municipal administration • Slovenia
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Zelentsov, Aleksandr B. "Administrative Authority as a Legal Category." Administrative law and procedure 2 (February 11, 2021): 35–41. http://dx.doi.org/10.18572/2071-1166-2021-2-35-41.
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The article is devoted to the theoretical understanding of administrative power as a category of public law. Its correlation with the concepts of Executive power and public power is revealed, its essential legal characteristics, legal nature and functions are revealed.
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Apostolache, Mihai Cristian, and Mihaela Adina Apostolache. "Constitutional and Legal Foundations of Local Public Administration in Romania." Lex localis - Journal of Local Self-Government 13, no. 3 (July 31, 2015): 419–32. http://dx.doi.org/10.4335/13.3.419-432(2015).
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The article analyzes the constitutional and legal foundations of local public administration in Romania. It appears, therefore, that the local public administration built on the principle of local autonomy benefits from a general regulation starting from its explicit recognition by the constitutional text and continuing with the development of its legal status in different regulations of organic or ordinary character. The Constitution of Romania, adopted in 1991 and revised in 2003, established the constitutional foundation of local public administration, establishing the principles under which the administration of local communities is organized and functions, how the territory of the state is divided, the authorities exercising local autonomy, as well as the body exercising the control of administrative tutelage over the acts of local public administration authorities. The constitutional norms valued as principles allowed the subsequent adoption of regulations that develop and strengthen the status of existing local communities within the administrative-territorial units in Romania.
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Krosigk, Rüdiger von. "Thomas Ellweins »Der Staat als Zufall und als Notwendigkeit«." Administory 1, no. 1 (August 8, 2018): 222–37. http://dx.doi.org/10.2478/adhi-2018-0012.
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Abstract Rüdiger von Krosigk’s re-reading (Relektüre) of Thomas Ellwein’s The State as Coincidence and Necessity (Der Staat als Zufall und als Notwendigkeit, 1993/1997) explores the concept of »living administration« in the Prussian region of East-Westfalia-Lippe in the 19th and 20th century. Ellwein’s approach seeks to overcome those top-down perspectives on public administration that mainly focus on formal hierarchical structures and nurture the idea of »rationality« in the activities, functions and development of public administration. By contrast, his history of public administration draws inspiration from empirical administrative sciences, organisation sociology and historical institutionalism. Even 20 years after publication it is still an invaluable source in the field of administrative history.
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Perlingeiro, Ricardo. "Administrative Functions of Implementation and Adjudication Guided by Primacy of Fundamental Rights." British Journal of American Legal Studies 6, no. 2 (December 29, 2017): 263–77. http://dx.doi.org/10.1515/bjals-2017-0013.
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Abstract This article points out the bottlenecks in the systems of administrative adjudication in Latin America and suggests that the ineffectiveness should not be blamed entirely on the judicial system and judicial procedures. Rather, the Latin-American system of administrative justice should come to terms with its judicial system of general jurisdiction, gradually reducing the jurisdiction of courts over administrative disputes in favor of an administrative reform to ensure administrative functions of implementation and adjudication respecting the primacy of fundamental rights. The author concludes that it is necessary to think about a reform that leads public administrative authorities to act as an instrument for expressing the public interest rather than as end in itself or as an entity to protect self-serving, momentary political and financial interests that are not clearly bound by a duty to protect fundamental rights.
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Gao, Hong, and Adam Tyson. "Administrative Reform and the Transfer of Authority to Social Organizations in China." China Quarterly 232 (July 3, 2017): 1050–69. http://dx.doi.org/10.1017/s030574101700087x.
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AbstractIn this article, we examine the administrative functions that have been carried out by social organizations (SOs) in China since 2013. We use evidence from Guangdong to demonstrate that the transfer of authority to SOs is selective, tends to create more burdens for local government, and generally does not lead to greater autonomy for SOs. We focus on five types of SOs that are undertaking new administrative functions with varying degrees of operational autonomy, which relates to the consultative authoritarian model proposed by Jessica Teets. Consultative authoritarianism allows for the expansion of relatively autonomous SOs and the development of indirect state control mechanisms. The model is designed to improve governance without democratization by expanding the role played by intermediaries such as SOs in public administration and service delivery. The evidence from Guangdong permits us to conclude that the transfer of authority to SOs allows for innovations in public administration, but that politics continues to motivate government decisions as to which functions are suitable for SOs to undertake, casting doubt on the ability of the Chinese Communist Party to achieve sustainable improvements in local governance and public service provision.
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Halik, Halik, Suhendrayatna Suhendrayatna, Irma Yurni, and Halimah Halimah. "The Effect of Administrative Implementation Principles towards the Effectiveness of Government Services." Budapest International Research and Critics Institute (BIRCI-Journal) : Humanities and Social Sciences 3, no. 1 (January 29, 2020): 255–61. http://dx.doi.org/10.33258/birci.v3i1.714.
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The purpose of this study is to find out the implementation of the principles of public administration, and see the obstacles experienced by the Camat and sub-district staff in implementing the principles of public administration. This study reviews the policy of implementing administrative principles on the effectiveness of government services. Using descriptive-quantitative methods, the sample are 32 employees of the Tiro sub-district office. the results showed that the policy of implementing administrative principles on the effectiveness of the service of the sub-district government had run effectively and good coordination in the field of duties and functions of each employee.
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Lamonov, Evgeniy. "Theoretical and legal aspects of trends in the development of legality and increasing efficiency in the executive authorities activities." Current Issues of the State and Law, no. 13 (2020): 34–45. http://dx.doi.org/10.20310/2587-9340-2020-4-13-34-45.
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The relevance of this study is that increasing the dynamics of the social and economic development of the state is impossible without effective public administration, which is largely associated with administrative and procedural legislation. We give a number of arguments justifying the positive role of administrative regulations adopted in the course of the administrative reform in the first decade of this century for the performance of public functions and the provision of public services in improving the efficiency of the executive bodies and their officials. This study also analyzes, on the basis of prosecutorial checks, the qualitative content of administrative regulations of the executive bodies of the Tambov region administration, which enshrines provisions that are not in accordance with applicable law: assignment to the applicant of an obligation not provided by law for the provision of documents not established by federal and regional legislation, as well as to be received in the framework of interagency information interaction; areas of reason for refusing to provide services that were different from the law were introduced. Based on the scientific and theoretical studies of foreign practice, we substantiated the need for the adoption of a federal law “On Administrative Procedures and Administrative Acts”, which would enshrine universal rules for the implementation of administrative procedures, the procedure for adopting administrative acts, and the general principles of administrative procedures that will guide all administrative authorities on the territory of the Russian Federation, which would contribute to the establishment of law and order in the field of public administration.
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Usatiy, Grygoriy. "Features of the subject matter of crimes in the sphere of official activity." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 125–32. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-11.
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The article is sanctified to realization of criminal law analysis of individual issues, in particular: the concept of an official as a subject of a crime; categories (types) of officials; legislative definition of government representatives, interpretation of organizational and administrative and administrative and economic functions (responsibilities); definition of the content of the concept of “subordination”, etc. as circumstances subject to further proof.In the article the argued elucidations are given in relation to that, or there were deputies of Head of Administration of President of Ukraine in a period from 22.07.2014 for by 11.05.2019 official persons in understanding a century 18, century 364 or century 367 the Criminal code of Ukraine. Administration of President of Ukraine is an auxiliary, constantly operating body that is created by President of Ukraine on the basis of the article of a 106 Constitution of Ukraine. Thus, Administration does not make decision, obligatory for other subjects, does not carry out state imperious administrative functions, and it is not had to jurisdiction that spreads to certain territory, but thus is not a public organ in understanding of Law of Ukraine «About prevention of corruption». In according to the position of the Supreme Court, the Deputy Head of the Administration of the President of Ukraine is not an official of a state body. The position of the Deputy Head of the Administration of the President of Ukraine also does not belong to any of the categories of civil service positions defined by Article 6 of the Law of Ukraine «On Civil Service». The foregoing allows us to conclude that the Deputy Heads of the Presidential Administration of Ukraine in the period from 07.22.2014 to 05.11.2019 were employees of a permanent subsidiary body formed by the President of Ukraine with consultative and advisory functions. And they also did not perform organizational and administrative or administrative functions, and therefore were not officials in the understanding of Articles 18, 364, 367 of the Criminal Code of Ukraine. Key words: the subject of the crime, executive, government representative, organizational and administrative and administrative functions (responsibilities).
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Guytor, Mykola, and Vasyl Karpo. "The Bodies of Local Self-Governing of Ukraine and Republic of Moldova: Comparative Analysis." Історико-політичні проблеми сучасного світу, no. 40 (December 15, 2019): 83–92. http://dx.doi.org/10.31861/mhpi2019.40.83-92.
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The article explores the main stages and trends of reforming the local government of Ukraine and the Republic of Moldova, explores the functions and powers of local governments. In 1997, these countries ratified the European Charter of Local Self-Government, which affects the processes of reforming the local self-government system. However, decentralization in both countries is proceeding at a rather slow pace; at the same time as the new administrative entities, the previous system of administrative-territorial division of the country functions. There is a lack of political will of the countriesʼ elite to provide autonomy to local authorities.
Keywords: decentralization, local government, public administration, raion council, oblast council, administrative-territorial structure.
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Llalla, Adriatik, and Fjorida Ballauri. "Conflict of Interest in the Administrative Contracts in Albania." European Scientific Journal, ESJ 12, no. 34 (December 31, 2016): 182. http://dx.doi.org/10.19044/esj.2016.v12n34p182.
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In Albania the issue of conflict of interest is present at today’s public debate, as in many other countries. Due to this phenomenon, public funds, state property, public service, etc., are at risk at any time, and therefore there is obligation of the state to establish the appropriate legal instruments to prevent such situations. In principle, while exercising official duties and functions, the elected person or the public official should not be influenced by personal interests. In this sense, through actions, inactions or decisions, they cannot gain benefits or advantages for themselves, their family members, relatives or other persons, in case they share economic or political interests with them. In Albania, the domestic legislation provides restrictions and prohibitions for several private interests of the officials exercising public functions, depending on their functions, responsibilities and competencies in public decision-making. Also, the law provides specific prohibitions and restrictions in cases of entering into administrative contracts, considering a contract as a special public decision, which is vulnerable to be damaged by the action of officials’ private interests. This paper aims to make an analysis of the legislation in terms of restrictions of private interests of public officials to prevent specific cases of conflict of interest while concluding administrative contracts. Also, the paper leads to conclusions on how conflict of interest is related to other criminal offences like abuse of office, corruption or violation of equality of participants in public tenders or auctions etc.
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Lukashov, Andrey I. "Some Directions of Increasing the Efficiency of Public Administration in the Context of Digitalization." Financial Journal 13, no. 3 (June 2021): 67–75. http://dx.doi.org/10.31107/2075-1990-2021-3-67-75.
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Building upon the practices of the Treasury of Russia as well as other federal executive agencies, this article presents a new approach aimed at improving the efficiency of public administration through the centralization of general management functions within a given body. The set of general functions across public authorities is largely generic, suggesting that the stage involving the optimization of said functions can be regarded as a preliminary one preceding a full-fledged digital transformation of public administration. Functions associated with budget accounting and budget report formation, material and technical support, and personnel, legal and administrative activities dominate in the structure of both federal and local authorities’ general management functions. At the same time, individual government bodies at both the federal and regional levels are all, to some extent, engaged in the optimization of general functions implementation costs through assigning appropriate powers to subordinate agencies. Exemplified by the Treasury of Russia and other public administration bodies, the article systemizes and analyzes the existing approaches within the subject matter. As a result of the analysis, it is deemed advisable to synchronize the activities of public authorities, in particular through coordinating the process at the level of the Government of the Russian Federation.
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Van Helden, G. J., and Mark Huijben. "Controlling overhead in public sector organizations." International Journal of Public Sector Management 27, no. 6 (August 5, 2014): 475–85. http://dx.doi.org/10.1108/ijpsm-07-2013-0102.
Full textAbstract:
Purpose – The purpose of this paper is to explore various mechanisms for controlling overhead, as informed by a framework based on transaction-cost-economics (TCE). Design/methodology/approach – Development of framework for controlling overhead and field study about Dutch public sector organizations for exploring and enriching this framework. Findings – Central steering with a provider-user interface was often seen as the most desirable control mechanism. Although central steering without such interface was used in about half of the overhead functions, their users argued that the priorities of these functions were insufficiently in line with their needs. There was little support for internal market control, because it would increase the administrative workload of internal calculations, and it could lead to undesirable differences in overhead use among the primary services departments. Moreover, line managers are often more focused service quality than costs. Research limitations/implications – The framework based on TCE formed a suitable starting point for reflecting on the control of overhead functions, but the empirical findings pointed to revisions in the case of internal market control concerning resistance to administrative workload and avoidance of differences in the supply of internal services. Practical implications – Inspiring public sector managers to reflect on the match between overhead control mechanisms and characteristics of overhead functions. Originality/value – A theoretical underpinning and empirical exploration of a variety of overhead control mechanisms in the public sector.
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Kareklas, Stefanos. "“HINDRANCES IN THE EXERCISE OF FUNCTIONS” OF ADMINISTRATION: DEFECTIVE/ILLEGAL ADMINISTRATIVE ACTS, CONTROL MECHANISM." Administrative law and process, no. 2 (29) (2020): 78–88. http://dx.doi.org/10.17721/2227-796x.2020.2.06.
Full textAbstract:
The article discusses the issues of the availability and legal repercussions of illegal administrative acts according to Greek Administrative Law. Following the principle of legality, the operation of the public administration and especially the issuing of administrative decisions should be fully governed by the relevant legal provisions; nevertheless, it rather often happens that decisions are taken, which are partially or completely in violation of legal provisions. Despite that fact, and due to the existing principle of enforcement of administrative decisions independently of their legal status (presumption of legality of the administrative decisions issued), even illegal decisions are producing legal results and have to be removed or suspended in order to re-establish legality. The article presents various types and categories of problematic decisions. This issue is provided according to the theory of Administrative Law in Greece. In addition, the legal remedies foreseen for restitution of legality; the author considers other remedies and procedural functions, which can be applied either by the institutions themselves or by the citizens whose rights were negatively affected by the problematic decision. Even though the situation at the legislative level seems to be satisfactory, the current manifold crisis of the country has led to the (pretty often conscientious) production of extremely defective and illegal decisions, the suspension of which requires time and resources. Whereas the citizens involved have to struggle to maintain their rightful status or even to survive socially and economically. The quantity of such decisions of the administrative and state institutions is reaching a threshold which can be considered risky and dangerous not only for the parties involved but in the medium-term also for the overall democratic structure of the country’s executive and administration.
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Ogienko, A. S., and L. B. Proskuriakova. "Features of administrative and legal coercion in the migration sphere." Courier of Kutafin Moscow State Law University (MSAL)), no. 6 (September 25, 2021): 101–8. http://dx.doi.org/10.17803/2311-5998.2021.82.6.101-108.
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The article examines the features of administrative and legal coercion in the field of migration. It provides an analysis of regulatory legal acts in which the function of migration control is assigned to the internal affairs bodies and measures to prevent and reduce uncontrolled migration are determined. A special place is occupied by the directions of improving public administration in the field of migration policy.Analysis of constant changes in the legal status of "migration" units, when they then raised their status to a federal service, first subordinate to the Ministry of Internal Affairs of Russia, then to an independent federal service subordinate to the Government of the Russian Federation, then they returned to the Ministry of Internal Affairs of Russia, but now to the level the usual structural divisions of the ministry showed that these decisions were erroneous. The abolition of the Federal Migration Service in 2016 and the transfer of its functions to the Ministry of Internal Affairs of Russia entailed fundamental institutional changes, which reflects a stable pattern in the prevalence of administrative and legal coercion measures in public administration, does not contribute to an increase in the efficiency of public administration in the field of migration, complicates problems of implementing the functions of social adaptation and integration of migrants, which the Ministry of Internal Affairs of Russia is unable to effectively implement.
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Jaworski, Bartłomiej. "Niewładcze formy działania administracji – potrzeba redefinicji?" Opolskie Studia Administracyjno-Prawne 16, no. 1 (2) (May 31, 2019): 133–42. http://dx.doi.org/10.25167/osap.1134.
Full textAbstract:
The social expectations regarding satisfaction of collective needs, while accounting for individual ones, change, and so do the functions of public administration. Due to the strong connection between public administration tasks and the legal forms of actions used for their implementation, the objective of science of administrative law is to constantly look for new concepts and tools that would enable a proper scientific description and a systematic approach to legal forms of administrative actions. At present, none of the divisions presented in the literature is exhaustive and none can be considered to be offering a full systematization of the legal forms of actions which currently exist in administrative law. One of the most frequently accepted classifications divides the forms of action into imperative and “non-imperative” ones; this classification provides certain antinomy and dśs not conform to the public administration which is legally complex and takes many forms. The existence of imperative administrative actions is unquestionable, but the current doctrinal understanding of “non-imperative” actions needs to be analyzed in more detail. Is the administration really fully imperative or fully “non-imperative”? If we use such an alternative, do we actually deprive ourselves of the possibility of creating a catalogue of legal forms, which reflects the multiformity of contemporary administration, perceives the full spectrum of public administration dominance and diversity of forms, and which assumes a decrease in (or even elimination) of this attribute? Bearing in mind the predilection for the above-mentioned dominance, are we not forced, here and now, to affirm the possibility of full bilateralism in administrative actions?
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Odintsov, Oleh, Natalia Ilchenko, and Dmytro Lyashov. "INTERNATIONAL EXPERIENCE OF ORGANIZATION OF ADMINISTRATIVE SERVICES." Proceedings of Scientific Works of Cherkasy State Technological University Series Economic Sciences, no. 60 (April 19, 2021): 41–51. http://dx.doi.org/10.24025/2306-4420.1.60.2021.228188.
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The article considers the international experience of the organization of administrative services in the system of public services. The international experience of providing administrative services by the authorities in Germany, Poland, the Netherlands, Great Britain, Canada, and the USA is studied. Positive experience in solving the problems of organizing the provision of quality administrative services by the authorities of these countries has been revealed. Possibilities of using international experience in providing administrative services in Ukraine have been studied. Emphasis is placed on the prospects of the Polish experience in the provision of administrative services, in particular on the policy of reducing communication between providers and consumers of administrative services while maintaining the quality of these services, as well as active involvement of the private sector in the service delivery process. The German experience of improving the organization of administrative services may be relevant. The establishment of a mechanism for the provision of administrative services states that a removal of public authorities, in particular local governments, from the direct course of service provision is sufficiently effective and realistic example. In this case, the authorities are given only the functions of control and supervision, which allows them to perform more important tasks. The introduction of a quality management system in government has enabled individuals and legal entities to receive services at a decent level. In the selection of employees who perform the functions of providing services to citizens, in addition to professional qualities, attention is also paid to personal qualities, because close contact with customers involves the impact of the human factor on service activities. As a result of all administrative reforms in the country, multi-channel access to various services has been organized on a "single window" basis and a feature of positive changes in the public sphere based on the culture of national identity the culture of statehood. Ways to improve the provision of administrative services in public administration are proposed. Practical recommendations for improving the organization of administrative services in the country are provided.
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Rohozinnikova, K. S. "Methods of Administrative and Legal Protection of Tax Relations: Theoretical and Legal Study." Law and Safety 75, no. 4 (December 20, 2019): 53–58. http://dx.doi.org/10.32631/pb.2019.4.07.
Full textAbstract:
The author of the article has provided the results of the analysis of the methods of administrative and legal protection taking into account the changes within the relations between public administration and taxpayers and the course chosen by the state for liberalization of tax relations.
The place of the concept of the methods of administrative and legal protection in the term system of the science of administrative law and their dialectical relations with the methods of public administration and administrative activity has been established.
The author has indicated generic and specific features of the methods of administrative and legal protection of tax relations, where the latter will depend on the peculiarities of the means and methods of influence used by the public administration for the purpose of exercising security functions.
The system of methods of administrative and legal protection of tax relations has been offered to form from three elements: general methods of administrative activity (persuasion and coercion), service tools of influence (provision of administrative services, creation of electronic services and publication of open data sets) and organizational methods. The expediency of distinguishing service means of influence into a separate group of methods of administrative and legal protection has been proved. It is conditioned by their special functional purpose – creation of conditions for independent prevention of possible breach of protected relations by the taxpayer. The role and correlation of persuasion and coercion in the system of methods of administrative and legal protection of tax relations have been clarified. Despite the presented importance of the persuasion within the relationship between the controlling agencies and the taxpayers, it has been stated that state coercion remains the main mean of administrative and legal protection of tax relations.
Particular attention has been paid on the need to reconsider the correlation of tax and administrative coercion within tax relations. It has been proved that the basis of their delimitation should be not the branch of legislation, where the authority to apply the appropriate measure is assigned, but the essential criterion and the subject matter of regulation (influence) – relations arising from incomplete calculation and late and incomplete payment of taxes and fees, or relationships related to the organization and enforcement of tax responsibilities and the proper exercise by the supervisory authorities of their powers. It has been emphasized that tax coercion, unlike administrative, performs both punitive and compensatory functions.
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Yusifbayli, Rashid. "COMMUNICATIVE TECHNOLOGIES IN THE INTERACTION OF SOCIETY AND PUBLIC ADMINISTRATION." Bulletin of Taras Shevchenko National University of Kyiv. Public Administration 14, no. 2 (2021): 29–31. http://dx.doi.org/10.17721/2616-9193.2021/14-6/6.
Full textAbstract:
The purpose of the article is a comprehensive analysis of communication technologies of interaction between society and public administration and administration. It is emphasized that one of the functions of public authorities is communicative. The importance of establishing a communicative process in the system of public administration and administration as a dialogue and interaction between equal actors, where the use of direct information channels and feedback channels should be balanced and manifested through various electronic forms of participation. There are three main models of electronic participation: management model; consultative model; participation model. It is substantiated that the availability of a developed information infrastructure is a condition and indicator of the effective-ness of public administration and the use of information and com- munication technologies is associated primarily with the implementation of the e-government project. It has been proven that in order to increase the efficiency of public administration and administration by transforming the existing bureaucratic system, it helps to make it more flexible and adapted, less hierarchical and regulated, and to make the transition to post-bureaucratic organizations. Transferring the service to electronic form eliminates the negative, dysfunctional practices inherent in modern bureaucracy. The study found that the reforms taking place in the system of electronic communication of public administration and society are to some extent ambivalent and contradictory. It has been proven that without broad administrative reforms aimed at improving the functioning of the state apparatus, the introduction of e-government technologies will not be effective and will be reduced to long and unsuccessful attempts. One way out of this situation is to adopt a new theoretical paradigm of administrative reform, in which e-government will cease to be a complement to bureaucratic structures, and systematic management of all administrative processes to achieve the end results will become a central part of public administration.
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Dzhafarova, O. V., and O. O. Mozhovyi. "Public and Service Activity of the Ministry of Internal Affairs of Ukraine: Current Issues." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 143–52. http://dx.doi.org/10.32631/v.2020.2.14.
Full textAbstract:
The author has studied scientific concepts on the introduction of service-oriented activities of public administration authorities aimed at meeting the needs and interests of society through the provision of quality public services to the population, coordinated with long-term goals of society and state’s development.
It has been proved that public and service activity of public administration authorities is really possible and actually feasible under the condition of creation and functioning of optimal normative, material and resource, organizational base for its guaranteeing (availability of legislative and other normative and legal documents, functioning of specialized service centers for providing administrative services with the staff of qualified civil servants and electronic databases, etc.).
It has been emphasized that the content of public and service activity of the Ministry of Internal Affairs of Ukraine is: a) a separate function of the service state, the content of which is to change the ideology, forms and methods in the work of law enforcement agencies; b) one of the externally-oriented functions of a specially created state institution along with such functions as regulatory, supervisory and law enforcement, c) the basis for the authorized entity to implement the tasks and functions of the state to ensure human rights and freedoms, as well as the interests of society and the state, keeping public order and security, combating crime, d) high-quality and affordable provision of administrative services to specific individuals in the form of licensing, registration and other similar actions in the law enforcement sphere.
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Brødsgaard, Kjeld Erik. "Institutional Reform and the Bianzhi System in China." China Quarterly 170 (June 2002): 361–86. http://dx.doi.org/10.1017/s0009443902000232.
Full textAbstract:
The article addresses the important issue of the bianzhi system and the role this system plays in governing China at the central and the local level. In making a critical distinction between nomenklatura and bianzhi, loosely translated as “establishment of posts,” the article provides a new perspective on key issues and concepts in the Chinese administrative reform process. The ultimate aim of the process is to create a leaner and more efficient public sector by shedding non-essential functions and by downsizing the bureaucracy. Two cases are used as illustrations of the issues and problems involved. The first is a discussion of central-level reform with a special emphasis on the reorganization of the Ministry of Personnel in 1998. The second is an analysis of local reform with a focus on the experiment of “small government, big society” in Hainan province. Both cases illustrate the difficulties in sustaining administrative reform. Discarded public administrative functions tend to re-emerge, displaced bureaucrats will seek to return to their former position and the Party is reluctant to allow the creation of better public administration at the expense of Party control.
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Schöndorf-Haubold, Bettina. "The Administration of Information in International Administrative Law - The Example of Interpol." German Law Journal 9, no. 11 (November 1, 2008): 1719–52. http://dx.doi.org/10.1017/s2071832200000638.
Full textAbstract:
The photos of the presumed child abuser were published all around the world and resulted in the arrest of the wanted person in no time. Within only a few months, Interpol has twice issued public searches for wanted persons on its own initiative. The immediate success seemed to justify the measures. Does Interpol evolve into a veritable international criminal police? Since Interpol's competences for operational measures are still limited, it seems more appropriate to qualify Interpol as an agency with purely coordinative and providing functions and, accordingly, as an example for international administration.
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Yang, Chun Yan. "Information Technology Improve the Administrative Efficiency Research." Advanced Materials Research 971-973 (June 2014): 2342–45. http://dx.doi.org/10.4028/www.scientific.net/amr.971-973.2342.
Full textAbstract:
the university administrative management informationization refers to the university in order to meet the arrival of information age, the use of information technology, communication technology, network technology and other modern means of information, the traditional management and public service reform in colleges and universities, so as to improve the effectiveness of the management of colleges and universities, meet the social and public expectations of the public management and public service in colleges and universities of the dynamic process. It is a complicated system engineering, not only involves the planning, design and improvement on the level of technology, but also affects the internal functions to integrate different departments, the right pattern of change and the role of colleges and universities.
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Rachynska, Olena. "Influence of Public Opinion on the Optimization of Communicative Interaction in the Public Administration Sphere." Public administration aspects 8, no. 2 (July 8, 2020): 98–108. http://dx.doi.org/10.15421/152024.
Full textAbstract:
The article deals with the influence of public opinion on the process of state and administrative decision-making as one of the most pressing problems and a condition for effective interaction of participants of the political and administrative process. Theoretical analysis of the research field on the issues of knowledge and practice of influence of public opinion on the optimization of communicative interaction in the public administration sphere is presented.The essence of this phenomenon is analyzed and the main characteristics of public opinion is noted: it is determined primarily by the events that affect it; accordingly, the demand for action is the reaction of public opinion to events; influencing people is primarily due to influencing their interests; level of trust in management determines the amount of authority given to it; education and information contribute to common sense and moderate human behavior.It is determined that public opinion is a phenomenon more voluminous and complexly structured than the mere sum of points of view expressed by a certain set of individuals. Accordingly, its characteristic features and important practical aspects are directionality and intensity; stability, information saturation and social support. It is established that the functioning of public opinion depends essentially on the type of society that can stimulate and develop functions or deform and restrain them. The essence of public opinion and its main functions is analyzed.Ways to improve the effectiveness of the communicative component in the public administration system is identified. The main ones are optimization of the system of continuous communication between the centers of government decision making and civil society institutions; ensuring an effective public information policy; strengthening the practice of public reporting by public authorities; improving the effectiveness of civil society structures. The process of forming public opinion through the implementation of mechanisms of communicative interaction in the public administration sphere is considered; it is established that public opinion has its structural and operational features.The specifics of communication interaction in the public administration sphere is analyzed. The peculiarity of communicative interaction is to define it as a system of consistent methodological, methodic and organizational-technical procedures within the separate constituent mechanisms, connected by a single purpose: obtaining reliable data on the phenomenon under study or process for their further use in order to increase the effectiveness of the communicative dialogue between the authorities and civil society institutions.
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Lemoyne de Forges, Jean Michel. "French conception of public servic." Zbornik radova Pravnog fakulteta u Splitu 55, no. 1 (February 28, 2018): 45–53. http://dx.doi.org/10.31141/zrpfs.2018.55.127.045.
Full textAbstract:
With a total of od 5.5 million employees (or 20% of total employment), out of 67 million inhabitants, France could be classed as a "super administrative" country. However, France must take care of international comparative elements of public service. Namely, the same functions can, according to social and administrative state organization, ensure institutions and people with various types of status. Apart from that, also mentioned is the total number divided into four categories: state public servants in the strict sense (3.850 million, or 70% of the total number), public servants under contract (930,000), army (300, 000) and the complex category of varying legal status (360, 000). Regardless of the variance of their legal status, they are all in the service of the general interest, and are subject to strict deontological rules, especially political and religious neutrality, impartiality and equity.
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Li, Ping. "Thoughts on the Enhancement of China's Governmental Administrative Efficiency After the Entrance into WTO: with Views on Reform in China's Government Leadership System." Chinese Public Administration Review 1, no. 1 (January 1, 2006): 25. http://dx.doi.org/10.22140/cpar.v1i1.7.
Full textAbstract:
The problem of improving Chinese governmental administrative efficiency after entering the WTO faces our government. How can we promote administrative efficiency to reach the level of public sector efficiency of other countries? The author starts with the governmental administrative systemn and analyses the systematic reasons for the low efficientcy of the government. The author then puts forward four main suggestions to improve governmental efficiency; chance the governmental administrative mode and distribute the functions and powers of government to multiple levels; unify and condense the governmental administrative structure; construct a govermental system that makes certain the relation betwee functions and powers; construct an "e-government" to promot the reform of governmental operations.
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Kareklas, Stefanos. "SAND IN THE GEARBOX OF THE FUNCTIONING OF PUBLIC ADMINISTRATION: DEFECTIVE/ILLEGAL ADMINISTRATIVE ACT AND ITS CONTROL." Administrative law and process, no. 4 (27) (2019): 15–25. http://dx.doi.org/10.17721/2227-796x.2019.4.02.
Full textAbstract:
The article discusses the issue of the existence and legal repercussions of illegal administrative acts according to Greek Administrative Law. Following the principle of legality, the operation of the public administration and especially the issuing of administrative decisions should be fully governed by the relevant legal provisions; nevertheless, it rather often happens that decisions are taken, which are partially or completely in violation of legal provisions. Despite that fact, and due to the existing principle of enforcement of administrative decisions independently of their legal status (presumption of legality of the administrative decisions issued), even illegal decisions are producing legal results and have to be removed or suspended in order to re-establish legality. In the article the various types and categories of problematic decisions are presented. This issue is presented according to the theory of Administrative Law in Greece. In addition, the legal remedies foreseen for restitution of legality, other remedies and procedural functions are considered, which can be employed either by the institutions themselves or by the citizens negatively affected in their rights by the problematic decision. Even though the situation at legislative level seems to be satisfactory, the current manifold crisis of the country has led to the (pretty often conscientious) production of uncommonly many incorrect and illegal decisions, the suspension of which requires time and resources, whereas in the meantime the citizens involved have to struggle to maintain their rightful status or even to merely socially and economically survive. The quantity of such decisions of the administrative and State-institutions is reaching a threshold which can be considered risky and dangerous, not only for the parties involved but in the medium-term also for the overall democratic structure of the country’s executive and administration.
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Bobrovskyi, Oleksii. "Modeling and implementation of technological principles of public administration development in territorial communities." Public administration aspects 8, no. 6 (December 30, 2020): 178–91. http://dx.doi.org/10.15421/1520116.
Full textAbstract:
The article focuses on increasing the role of the technological factor in increasing the efficiency of public administration. The results of research of a problem of technological maintenance of the organization of administrative activity are resulted. It is noted that, despite the intensive development and growth of information and computer technology in management, they are still considered as a tool, rather than as an independent effective factor in improving the quality and effectiveness of management influences on managed objects. It is shown that in the conditions of continuous transformational changes in a society activation of processes of technologization of administrative activity essentially influences results of activity of the managed systems and to a large extent depends on speed and quality of administrative decisions. Based on the generalization of the existing experience of management processes and modern scientific developments in this direction, it is proposed to create an independent system technological unit to ensure the organization and implementation of management tasks to achieve development goals and functions of their implementation. The architecture of the technological platform of management is developed and substantiated, the list and structure of information-computer models in the decision of administrative problems with application of principles of science of cybernetics and smart technologies is defined. The initial methodological prerequisites for the formation of technological foundations of innovative management influences are based on a combination of components of public administration theory, organizational theory, cybernetic theory, economic and mathematical theory and the developed concept of optimization and technological development of public administration. The model of a technological platform is offered. The structure and schemes of interrelations of models of the technological platform, built using system process and design approaches, differ in the typicality of algorithms and methods for solving management problems, they can be used in management systems in any field of activity.
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Mitiku, Adare Assefa, Annie Hondeghem, and Steve Troupin. "Administrative leadership." African Journal of Economic and Management Studies 8, no. 3 (September 4, 2017): 366–94. http://dx.doi.org/10.1108/ajems-06-2016-0093.
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Purpose The purpose of this paper is to examine the leadership roles the Ethiopian civil service managers preferably embody in their setting. As such, contextually preferred roles were identified and briefly contrasted with the leadership literature. It also outlined the directions for the future research agenda. Design/methodology/approach Q-methodology, an approach reasonably like “grounded-theory” was used. It is suited to embrace life as lived by the actors themselves. In this specific case, Q-methodology allows the managers to conceptualize their definitions or preferences of leadership roles. The data were obtained from 51 managers working in the federal civil service organizations covering a broad range of public policy and service fields. Findings Based on the Q-sorts of 51 managers, the authors found three distinct yet interrelated archetypes of role preferences, which the authors labeled as the change agents, affective leaders and result-oriented realists. The study, however, demonstrates that although the ostensible echoes of each of these perspectives were professed, there were overlooked functions that are needed to be performed for full practice of each. Practical implications Understanding the contextually preferred leadership roles, if considered in designing the management training and development programs, could prove productive. It also informs the staff recruitment and promotion activities of the civil service organizations. Originality/value Conceptualizations of public leadership roles are abound in the literature. As they mostly emerged in a Western context, their applicability to other settings is questionable. Studying the subject in the context of Ethiopia, this paper contributes to the growing body of African literature on administrative leadership and informs the practice as well as the scholarship in this area.
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Wilk, Waldemar. "The Effect of Changes in Administrative Division on the Economic Position of the Largest Cities in Poland." Miscellanea Geographica 11, no. 1 (December 1, 2004): 241–47. http://dx.doi.org/10.2478/mgrsd-2004-0027.
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Abstract Among the functions fulfilled by cities in relation to their hinterland, an important function is that of public administration. Changes in administrative division, instituted in Poland in 1999, have either weakened or strengthened the economical role of many cities. A city’s position within the hierarchy of the centers of public administration within a country has, in Poland’s case, a significant effect upon the geographical movements of companies. An attempt was made to preliminarily gauge the effect of administrative changes upon the location of corporate offices. Changes in the distribution of companies providing the selected types of services in the 100 largest Polish cities were taken into account. The relationship between the change in the number of companies in each city and the potential social and economic role of the city in the general sense was examined.
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Bernardelli, Luan V., Brian E. Dollery, and Michael A. Kortt. "An Empirical Analysis of Scale Economies in Administrative Intensity in the Paraná State Local Government System in Brazil." Sustainability 13, no. 2 (January 9, 2021): 591. http://dx.doi.org/10.3390/su13020591.
Full textAbstract:
A substantial empirical study has investigated scale economies in local government functions, most notably in local transportation, water, and wastewater provision. By contrast, relatively little effort has been directed at the empirical analysis of economies of scale in municipal administration, including in Brazilian local government, despite its significance for public policy on structural reform in local government. In order to address this gap in the literature, we investigate administrative scale economies in the Paraná state local government system in Brazil over the period 2006 to 2018. We find that there was a ‘U-shaped’ scale effect between council size by population and administrative intensity after controlling for a range of economic and social variables. Various public policy implications are considered.
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Bernardelli, Luan V., Brian E. Dollery, and Michael A. Kortt. "An Empirical Analysis of Scale Economies in Administrative Intensity in the Paraná State Local Government System in Brazil." Sustainability 13, no. 2 (January 9, 2021): 591. http://dx.doi.org/10.3390/su13020591.
Full textAbstract:
A substantial empirical study has investigated scale economies in local government functions, most notably in local transportation, water, and wastewater provision. By contrast, relatively little effort has been directed at the empirical analysis of economies of scale in municipal administration, including in Brazilian local government, despite its significance for public policy on structural reform in local government. In order to address this gap in the literature, we investigate administrative scale economies in the Paraná state local government system in Brazil over the period 2006 to 2018. We find that there was a ‘U-shaped’ scale effect between council size by population and administrative intensity after controlling for a range of economic and social variables. Various public policy implications are considered.
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Zyzda, Barbara. "Kapitan statku morskiego jako otoczenie administracji publicznej." Przegląd Prawa i Administracji 111 (February 28, 2018): 197–207. http://dx.doi.org/10.19195/0137-1134.111.13.
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ADMINISTERING ENTITIES IN THE EXAMPLE OF MASTER OF THE SEA SHIPThe master of the sea ship is the untypical administering entity whose position in the scope of public administration tasks is akind of phenomenon. The ship captain is treated as the representative of government beyond the boarders of the Republic of Poland. The legislator gave him certain competences concerning the realization of national administrative functions which are usually reserved for afew entities in the normal conditions. In such scope, the captain works on the basis of administrative law norms. The most important tasks of captain result from the franchise, Act on Registry Office Records and Maritime Code in the range of police investigation. This article presents the analysis of sea ship captain functions as the entity constituting the element of public administration environment.
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Tan, Rosalinda A., Rex Argate, and Harline L. Barcoso. "Gender Role and Supervisory Styles of Public-School Heads." Journal of World Englishes and Educational Practices 2, no. 6 (December 30, 2020): 01–12. http://dx.doi.org/10.32996/jweep.2020.2.6.1.
Full textAbstract:
The study focused on the administrative and supervisory functions of male and female school heads in public schools of Cebu City Division. The key informants were school heads and teachers from sixteen districts in Cebu City Division. The school head informants were chosen according to the number of administrative and instructional experience. The school heads had at least five years leadership experience. The teacher informants were chosen at random by the researcher. The main instrument of the study was the researcher and the key informants. The study utilized interview guides covering different areas of administrative management and instructional leadership function. In administrative management the informants were interviewed about the distinct practices of male and female school heads involving human research management, physical facilities management, fiscal management, data management, linkage management, communication and conflict management. In instructional leadership function, the key informants talked about the distinct practices of male and female school heads in instructional supervision, curriculum leadership and staff development. Based on the findings of the study, the following propositions were drawn: one, administrative function could be gauged by physical facilities, teacher behavior and student development; two, instructional leadership is contributed by learning performance outcome and teacher competence; third, gender bears the administrative function and instructional leadership. From the different propositions mentioned, this theory was generated, Tan’s Gender Role Orientation Theory of Institutional Management. After the conduct of the study and the theory generated, it is revealed that administrative and instructional leadership styles of male and female school heads can be influenced by gender orientation.
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Kurakin, Aleksei Valentinovich. "The questions of administrative enforcement." Административное и муниципальное право, no. 2 (February 2021): 10–24. http://dx.doi.org/10.7256/2454-0595.2021.2.34111.
Full textAbstract:
Despite the fact that the questions of administrative enforcement are classic for the theory of administrative law, they retain their relevance. New challenges and threats, as well as the paradigm of social and economic development, substantiate the need for revising the traditional points of view regarding such phenomenon as “administrative enforcement”. The key question on the agenda is the problem of determination of balance between private and public components in application of administrative enforcement measures, as well as the criteria that prevent excessive enforcement. Attention is turned to the functionality of such enforcement. The author describes its procedural and administrative aspects, as well as analyzes the effectiveness of implementation of this type of public enforcement. The questions of administrative enforcement do not cease to be relevant in the time of political and social instability; therefore, in order for the administrative enforcement to discharge its functions, the legislation should take into account the emerging processes and realities. The author notes that for preventing excessive administrative enforcement, the individual rights and freedoms should not be unduly restricted; only this guarantees fair public enforcement. It is also underlined that the administrative enforcement is of procedural nature, which justifies introduction of the category “procedural enforcement” into the formal legal discourse.
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Moroz, Oksana, and Volodymyr Vysotskyi. "ISSUE OF THE IMPROVEMENT OF UKRAINIAN ADMINISTRATIVE LEGISLATURE." Social Legal Studios 10, no. 4 (December 25, 2020): 35–42. http://dx.doi.org/10.32518/2617-4162-2020-4-35-42.
Full textAbstract:
Nowadays the economic crises causes new functions for the government branches and its institutions. Taking into consideration the situation the authority should boost the work of the system of government administration, that could enhance the capacity of executive branch of law, influence maintaining of different crucial changes of the state, mainly economical, more purposely and productively. The normative base requires improvement of the state prognostication and principles of the programs of social and economic evolvement. Qualitative and effective administration is impossible without reformation of administrative legislature, aimed at setting up constructive cooperation of the government with Supreme Council of Ukraine, separate deputies� factions (groups) and non-factinal people�s deputy. It should be mentioned that carrying out codification and systematization of administrative legislature of Ukraine could cause the improvement of legal forms and methods of public administration: �Public administration, by doctrine�s definition, is a type of state activity, that consists of maintaining impact on those spheres and branches of social life, the needs of functioning and development of which demand particular intervention of the state with the assistance of certain level. The essential of them are connected with the maintenance of the functions of the executive branch of power�. Research and analyze of the process of approximation of Ukrainian legislature to the legal system of EU gives the opportunity to reveal the problems, circumstances, that require the immediate solution and suggest approaches to the improvement effectiveness of the process. Adaptation of Ukrainian legislative to the EU legislature is taking place simultaneously with legal reform in Ukraine. The state should renew the legislature, according to international principles and standards, as none of mentioned principles and standards in its legal base hasn�t existed yet.