Students for Law Schools and Faculties in Africa

1962 ◽  
Vol 6 (2) ◽  
pp. 81-90 ◽  
Author(s):  
Berthan Macaulay
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
African State ◽  
Customary Law ◽  
Law Schools ◽  
African Countries ◽  
The Public ◽  
Trade Unionism ◽  
Agriculture Industry ◽  
African Student

It is assumed in this article that there is an urgent need to establish in African states adequate facilities for legal education, and that such education should be of the highest possible standard and adaptable for the special needs of the new African countries. Hitherto much of the law in which an African student was instructed was that which was received from and is applied by the European colonial powers. He was not instructed in customary law or the special legislation of his country. Today the special legislation of a new African state has become increasingly important especially in the fields of co-operatives, trade unionism, agriculture, industry, public administration and social relations. Thus the lawyer of any African state whose only equipment is the received law, which in reality will remain a basis for the understanding of the new legislation, becomes ill-equipped for either private practice or the public service.

scholarly journals Implementation of the Function of Maximizing the Security Level in the Administration of Justice in the Digital Economy

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 216-225
Author(s):  
Damir Khamitovich Valeev ◽  
Anas Gaptraufovich Nuriev
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Digital Economy ◽  
Positive Development ◽  
Security Level ◽  
The Public ◽  
Administration Of Justice ◽  
The Status ◽  
Dialectical Analysis

The research analyses the implementation of the role of maximizing the level of security in the administration of justice in the context of the digital economy. Methodologically, the documentary observation research technique and, to process sources, sociological-dialectical analysis were used. Digitization as a transformational factor of many branches of social relations implies dependence on the implementation of a series of interdependent legal facts with digital technologies so that the action has a legal and concrete result. The digital level as a new platform for the implementation of a number of public functions posing new challenges for the public administration system and also determines the status of new functions that can provide a "digital future" with a positive development dynamic. Conclusion mode everything indicates that, these new functions can be austable in order to maximize security in the implementation of public functions in response to new threats. Particularly sensitive is the area of justice administration, which is also actively introducing many digital tools into the case-resolution process.

scholarly journals Emerging Issues in Public Sector Reforms in Africa: An Assessment of Ghana and Nigeria

2015 ◽  
Vol 3 (3) ◽  
pp. 95 ◽  
Author(s):  
Salami Issa Afegbua ◽  
Ganiyu L. Ejalonibu
Keyword(s):  
Public Sector ◽  
Public Administration ◽  
Public Service ◽  
West African ◽  
Public Sector Reform ◽  
African Countries ◽  
Sector Reform ◽  
The Public ◽  
Public Sector Reforms ◽  
Emerging Issues

Public sector reform (PSR) has been quite popular in Africa and in recent years, several African countries have implemented far-reaching governance and public service reform measures. The aim of this article is to consider the historical development of Public Sector Reform in Africa and the philosophy behind the ubiquitous wave of reform in the continent. The article discovers that those reform measures have so far gone through three different phases to promote and/or accelerate the revitalization of the public service. It identifies some major challenges that account for the monumental failure of PSR. Finally, the paper offers suggestions on how African countries can free themselves from the doldrums of current PSR. This article will not only broaden the frontier of knowledge in the field of public administration but also address the present and on-going reality of public sector reforms in the West African sub region. This study uses a ‘Literature Survey’ in examining the issue in question.

scholarly journals MANAGEMENT (ADMINISTRATIVE) ACTIVITY OF THE CONTROLLING AUTHORITIES IN THE AREA OF TAXATION: ESSENCE AND TYPES

2019 ◽  
Vol 4 (5) ◽  
pp. 343 ◽  
Author(s):  
Olha Tylchyk ◽  
Yurii Riabchenko ◽  
Oleksandr Popivniak
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Legal Regulation ◽  
Administrative Law ◽  
Theoretical Background ◽  
Legal Analysis ◽  
Activity System ◽  
The Public ◽  
Scientific Analysis ◽  
Scientific Papers

The innovation of conceptual provisions of the administrative law doctrine that are based on the priority of rights, freedoms, legitimate interests of an individual, service orientation of the public administration authorities’ performance affects the essence of the controlling authorities’ management (administrative) activity in the area of taxation and requires its fundamental upgrade. Drafting of theoretical provisions as to the essence and the types of the controlling authorities’ management (administrative) activity in the area of taxation should be based on a profound theoretical and legal analysis of the existing concepts and doctrines and their comparison with the current developments in the public administration authorities’ performance that carry out similar activities. In addition, it’s reasonable to highlight the issues of legal regulation of the relations with respect to the controlling authorities’ management (administrative) activity carried out in the area of taxation. The research objective is to substantiate the theoretical background of the controlling authorities’ management (administrative) activity in the area of taxation set out in the form of a list of the substantive characteristics of such activity, the provisions that reflect its peculiarities, as well as the systematization of the lines and types of such activity. The object of the research is the social relations of a public-law nature, related to the activities of the controlling authorities in the area of taxation. The contemporary concepts and doctrines developed by the scientists through critical thinking constitute the theoretical basis of the scientific analysis. This article explores the scientific papers related to the issues of public administration, administrative law, and administrative activity. System-based approach constitutes the methodology of the scientific analysis which made it possible to single out the elements of the administrative activity system, to reveal their content and to take into account their specific features when determining the nature of the controlling authorities’ management (administrative) activity in the area of taxation. The result of this research is the theory that reveals the current essence of the specified activity and its lines. This article places emphasis on the existence of public and service component of the specified activity.

scholarly journals ORDER IN THE SYSTEM OF NORMATIVE LEGAL ACTS: GENERAL THEORETICAL ASPECT

2020 ◽  
pp. 232-242
Author(s):  
А.В. Чернышов
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Theoretical Aspect ◽  
Special Role ◽  
Management Process ◽  
The Public ◽  
Convenient Form ◽  
The Will ◽  
Definition Of ◽  
Form Of Expression

Аннотация. Статья посвящена исследованию системы правовых актов, в частности такой его разновидности как приказ. Отмечается, что правовые акты играют особую роль в процессе упорядочивания общественных отношений, посредством которых закрепляются определенные правила и требования как для всех граждан, так и для определенного круга лиц. Важное значение уделено процессу управления, который осуществляется посредством издания таких правовых актов органов управления как постановления, приказы, распоряжения, правила, инструкции и положения. Наиболее удобной формой выражения воли должностных лиц является приказ, с помощью которого возможно решение ежедневно возникающих вопросов в государственном управлении, а также утверждение им иных форм правовых актов (положения, инструкции, правила). Однако, отсутствие характеристики приказа в действующем законодательстве ведет к тому, что его относят к локальным актам, не обращая внимание на его нормативный характер. В статье проводится анализ дефиниции «приказ», выявляются его признаки, специфика применения в различных сферах. The article is devoted to the study of the system of legal acts, in particular of such a variety as an order. It is noted that legal acts play a special role in the process of streamlining social relations, through which certain rules and requirements are established for all citizens and for a certain number of persons. The importance is given to management process which is carried out by means of the publication of such legal acts of governing bodies as resolutions, orders, orders, rules, instructions and provisions. The most convenient form of expression of the will of officials is an order, by means of which it is possible to solve daily issues in the public administration, as well as to approve other forms of legal acts (regulations, instructions and rules). However, the absence of a characteristic of the order in the current legislation leads to the fact that it is classified as local acts, without paying attention to its normative nature. The article analyses the definition of "order," identifies its characteristics, specifics of application in various spheres.

ORGANIZATIONAL AND LEGAL ASPECTS OF STATE REGULATION OF SCIENTIFIC ACTIVITIES IN UKRAINE

2017 ◽  
Author(s):  
Olha Melnychuk ◽  
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Legal Aspects ◽  
State Regulation ◽  
Modern World ◽  
Scientific Policy ◽  
The Public ◽  
Research Activities ◽  
Scientific Technical ◽  
Legislative Support

The article is the result of the comprehensive investigation of legal and organizational aspects of state regulation in the field of scientific and technical activities. Science is a decisive factor in the progress of society and source of economic growth of the state. It is undeniable that in the modern world the value of science prompted the importance of reliable and substantial state support of this sphere. State establishes the recognition of science as a socially significant industry and the maintenance of science as the basic principle of scientific policy and the priority state task. In the article the legislation on scientific activities is represented normative and legal acts, namely: the Constitution of Ukraine, the laws and the subordinate acts of Ukraine. In this paper defined legislative support of the process of state regulation of research activities, in particular examines the development of the system of state regulation of research. The focus is determined on the list of basic legal acts, which were reflected the standards that regulate social relations in the sphere of science. In addition, for obtaining the appropriate results were conducted researches of their certain provisions and submitted proposals for improvement of the current legislation on issues of scientific and technical activity with the purpose of their further use in a practical way. In this article were analyzed the unexplored problems associated with the current state and prospects of the legislative support for public administration of the research activities, including the necessity of amending the legislative support of scientific activities to ensure more effective use of scientific, technical and human resources in Ukraine. The proposals concerning improvement of the public regulation of the scientific and scientific-technical activity in Ukraine have been developed. Scientific research thoroughly reveals the main content of the public administration of the research activities and offers practical recommendations for improving the process.

Codification of Customary Law

1980 ◽  
Vol 24 (2) ◽  
pp. 206-219 ◽  
Author(s):  
T. W. Bennett ◽  
T. Vermeulen
Keyword(s):  
Social Order ◽  
African State ◽  
Modern Society ◽  
Customary Law ◽  
European Law ◽  
African Culture ◽  
Face To Face ◽  
The Public ◽  
European Values ◽  
Eighteenth And Nineteenth Centuries

During the past 50 years, the study of African customary law has been enthusiastically pursued. The growing awareness of this subject has, at the same time, stimulated a critical awareness of the problem of its place in the legal system of an African state. With the attitudes of modern African nations, the place of customary law is necessarily an ambiguous one. Because the colonial governments' application of customary law and European law was determined, primarily, by the race of the litigants, this was frequently perceived as discriminatory and, hence, antithetical to the views of African nationalism. On the other hand, it is true that customary law, the law of the African people, reflects the traditional African culture, whereas the imported systems of Western European law reflect European values and attitudes. At an even more fundamental level, customary law is regarded as representing the old social order. As such, it is often perceived to be in opposition to the new social order represented by the European legal systems. The latter are usually more in keeping with the demands of modern society, particularly in the public and commercial sphere, whereas customary law is suited, rather, to the simple, face-to-face societies of the eighteenth and nineteenth centuries.

scholarly journals ADMINISTRATIVE DISCRETION AND INSTRUMENTS OF PUBLIC ADMINISTRATIONS: ADMINISTRATIVE AND LEGAL AND DEONTOLOGICAL DIMENSIONS

2021 ◽  
pp. 37-44
Author(s):  
P. P. Bylik ◽  
I. A. Osadcha
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Professional Training ◽  
Social Orientation ◽  
Professional Conduct ◽  
Public Administrators ◽  
Administrative Discretion ◽  
The Public ◽  
Social Mission ◽  
Public Administrator

The article focuses on the relationship between public administration and legal deontology. Public administration is a renewed form of public administration. The difference is that public administration is a more democratic process of state-authoritative impact on social relations. This democracy is manifested in the forms and methods of managerial activity used. Among the forms and methods of public administration, a softer set of forms is selected – an appropriate combination of legal and non-legal forms, the method of persuasion and coercion. The very activity has an executive and administrative nature. The executive orientation implies the call of public administrations to promote the practical implementation of laws. Orders – to adopt and implement legal acts of administration. Forms and methods together constitute the tools of activity of public administrations. Executive-administrative activity is carried out through appropriate managerial procedures. The basis of activity is administrative discretion. It consists in the possibility at one’s own risk to use forms and methods in their totality depending on the choice of the public administrator himself. This requires its appropriate level of professional training and the necessary level of compliance of the activity of a public administrator with increased moral and ethical parameters. Given the lack of administrative and procedural legislation, it is proposed to consider the use of discretionary powers as permissible with the possibility of expanding their limits within the law. But this is only on condition of introducing into the normative regulation of public administrators’ activity the code of their professional conduct. Such a code should contain an ideal model of professional conduct of public administrators. Conformity of professional conduct of an official of public administration body to the requirements of the code is a prerequisite for the implementation of its social mission. The code of ethics of a public administrator should contain a set of requirements of moral and ethical nature, compliance with which in the activities of the public administrator will contribute to the implementation of constitutional requirements on the social orientation and conditionality of the activities of the state and all its bodies.

scholarly journals EFFICIENCY OF ADMINISTRATIVE AND LEGAL PROTECTION: THEORETICAL ASPECTS

2019 ◽  
pp. 174-178
Author(s):  
O. M. Pravotorova
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Social Relations ◽  
Legal Protection ◽  
Administrative Law ◽  
The State ◽  
The Public ◽  
Legitimate Interests ◽  
Four Levels ◽  
Legal Entities

In the article, the key aspects of the effectiveness of administrative and legal protection are researched on the basis of current legislation and opinions on this issue of scholars in the field of administrative law. The author notes that administrative-legal protection is an institution of administrative law consisting of uniform rules of administrative law whose legal effect is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legal interests of individuals and juridical persons carried out for using administrative tools – forms of administrative activity of public administration, administrative coercion and administrative enforcement. The steady development of social relations in administrative law, the improvement of modern technologies, as well as the formation of an information society, could not but affect the state of efficiency of modern administrative and legal protection. The author states that the effectiveness of administrative and legal protection is an integral part of the theory and practice of such protection. Effectiveness of administrative and legal protection is the ability of public administration based on the norms of administrative law to qualitatively and timely restore violated rights, freedoms and legitimate interests of non-authorized individuals and legal entities, public interest of the state and society. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of the public administration in restoration of violated rights of non-authorized persons are generally fulfilled in the normative-legal acts; insufficient, characterized by frequent cases of non-renewal of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive from the state through the indirect activity of the public administration of protection, and dissatisfaction of citizens acquires a significant social weighty protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and the law-enforcement system is full of corruption, while the norms of administrative-legal protection change their humane and fair essence and themselves become factors of the destabilization of social relations. It is concluded that administrative-legal protection exists through a system of administrative-legal norms, and at the same time it is proved that it can not, from the point of view of epistemology of law, exist in such narrow limits as the state determines, it reflects objective social relations, protects the most important values, Which during this period of time may not yet find the formal registration in the sources of administrative law, is provided on the basis of administrative law and simultaneously governed by the norms of administrative law, which will establish not only the state, although it primarily. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of public administration set forth in normative legal acts in relation to the restoration of violated rights of non-authorities as a whole are fulfilled; insufficient, characterized by non-isolated cases, not the restoration of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive protection from the state through the indirect activity of the public administration; the dissatisfaction of citizens acquires significant social protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and corruption penetrates the law-enforcement system, while the norms of administrative-legal protection change their humane and fair essence and they themselves become factors of destabilization of social relations.

scholarly journals WAYS OF CONFRONTING CORRUPTION AND BRIBERY IN THE BODIES OF THE STATE AUTHORITY

2019 ◽  
Vol 5 (1) ◽  
pp. 59
Author(s):  
Volodymyr Yemelyanov ◽  
Dmytro Plekhanov
Keyword(s):  
National Security ◽  
Public Administration ◽  
Social Relations ◽  
Economic Benefit ◽  
Public Authorities ◽  
The Public ◽  
The Social ◽  
State Authority ◽  
Risk Zones ◽  
To Receive

The article outlines the problems of corruption and bribery in public authorities in Ukraine. The destructive influence of corruption provokes and deepens the social crisis, undermines the image of the Civil Service of Ukraine, and holds back the socio-economic development of the country. Currently, corruption in Ukraine is called one of the most significant threats to national security. The aim of this article is to substantiate main directions and means of confronting corruption and bribery in the system of state authorities in Ukraine. The object of the research is the social relations that arise in the process of counteracting corruption and bribery. The methodology of the research is based on the fundamental provisions of the public administration theory, as well as on the concepts developed both by the Ukrainian and foreign researchers and practitioners aimed at preventing and counteracting corruption. Main theoretical provisions and conclusions of the article highlight effective measures of preventing and counteracting corruption in state authorities in Ukraine. The results of the research can be useful for the public administration bodies when developing and implementing anti-corruption programs or laws and regulations on the issues of forming an anticorruption consciousness of citizens and state authority officials. Value/originality. The article outlines the economic-mathematical model of “bribe maximization”, which takes into account the limitations of the possibility of offering and agreeing to receive a bribe. The model is the basis, which proves that the most effective way of fighting corruption is streamlining the efforts of the authorities on creating a competitive environment: “economic benefit – the risk of punishment”. These conditions decrease the officials’ interest to receive bribes since their size ceases to compensate for the risk of disclosure, detention, and punishment. Meanwhile, the series of other practices are also important, namely: building a holistic legal system based on integrity; introduction of mechanisms of accountability and responsibility of officials; cooperation with civil society and the private sector; adaptation of international experience to national realities; identification of “high risk zones” for diverting there main efforts and resources.

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