Administrative Law Beyond the State

2020 ◽  
pp. 355-377
Author(s):  
Giacinto della Cananea
Keyword(s):  
Legal Culture ◽  
Administrative Law ◽  
The State ◽  
Nation State ◽  
Public Authorities ◽  
The Public ◽  
Incremental Change ◽  
Starting Point ◽  
Traditional Paradigm ◽  
National Systems

This chapter focuses on the changing relationship between administrative law and the nation-state. The starting point is, simply, that the nation-state now operates in an increasingly complex web of national, transnational, and supranational legal processes. The chapter asserts that this is no mere incremental change. Arguably, it requires us to reconsider, both normatively and empirically, the traditional paradigm according to which administrative law is a sort of national enclave. Normatively, it is important to understand that at the basis of this paradigm there is not just a set of ideas and beliefs about the particularities of each national legal culture or tradition, but there is a certain vision of the state. Empirically, there are various forms of interaction between national, international, and supranational legal orders that are worth considering. As such, the chapter draws upon some case studies and argues that the jurisprudence of international and supranational courts can help us to understand both why the general principles shared by most, if not all, legal orders are relevant for the public authorities that act beyond the states and why such principles must be taken into account within national systems.

scholarly journals The Sphere of Critical Thinking in a Post-Epistemic World

1994 ◽  
Vol 16 (1) ◽  
Author(s):  
Steve Fuller
Keyword(s):  
Critical Thinking ◽  
The State ◽  
Nation State ◽  
Big Science ◽  
The Public ◽  
Critical Attitude

Just as political theorists have long argued that democracy is viable only in communities of certain sizes and shapes, perhaps epistemologists should also entertain the idea that knowledge is possible only within certain social parameters-ones which today's world may have exceeded. This is what I mean by the "postepistemic" society. I understand an "epistemic society" in Popperian terms as an environment that fosters the spirit of conjectures and refutations. After castigating analytic philosophers for their failure to see this point, I show how Rousseau and Feyerabend occupy analogous positions as critics of, respectively, the nation-state and Big Science. Rather than endorsing the disestablishment of the state, however, I offer a proposal for reinjecting the critical attitude into Big Science. It involves heightening the sporting character of scientific disputes, perhaps even to the point of enabling the public to bet on their outcomes.

scholarly journals Procedural features of consideration of social cases in the administrative court of first instance

2020 ◽  
pp. 49-59
Author(s):  
Vasyl Ilkov
Keyword(s):  
Key Words ◽  
Social Function ◽  
The State ◽  
Public Authorities ◽  
The Public ◽  
The Social ◽  
High Figure ◽  
Administrative Courts ◽  
Administrative Code ◽  
Court Of First Instance

The article is devoted to procedural features and evidence during the consideration of social cases. The share of administrative lawsuits received by district administrative courts in social cases is more than 30%, which is a high figure among cases falling under the jurisdiction of administrative courts. A person goes to court when his right has already been violated by the state authorities. The administrative courts ensure the implementation of the social function of the state. Allegations that administrative courts serve public authorities are unfounded. Evidence of the court is provided by the parties to the case. The court can only invite the parties to provide evidence and collect evidence on their own initiative. The principle remains fundamental, in cases of illegality of decisions, actions or omissions of the public authorities, the burden of proving the legality of its decision, action or omission rests with the defendant. There is a problem of the possibility of considering social disputes under the rules of summary proceedings with the summons of the parties to the case in the event that there is a need to obtain an explanation from the parties or to examine witnesses. There is a need for legislative regulation of the possibility for the court to consider social disputes in the manner prescribed by the provisions of Article 262 of the Administrative Code of Judgment of Ukraine, after the opening of proceedings in the manner prescribed by the provisions of Article 263 of the Administrative Code of Judgment of Ukraine. It is important to ensure the possibility to continue the consideration of the case in the simplified claim procedure, with the summoning of the parties to the court session, after the opening of the simplified proceedings without summoning the parties. Key words: social disputes, district administrative court, evidence, proving, general claim proceedings, simplified proceedings.

Combating corruption in customs authorities in the context of ensuring the efficiency of public governance

2021 ◽  
Author(s):  
A. Lipentsev ◽  
O. Voytyk ◽  
N. Maziy
Keyword(s):  
Public Administration ◽  
Code Of Ethics ◽  
The State ◽  
Main Body ◽  
Public Governance ◽  
Public Authorities ◽  
Material Wealth ◽  
The Public ◽  
Legal Standards ◽  
Wide Range

Problem setting. The system of public administration is a complex set of related elements and entities that interact with each other, so the manifestation of negative corruption minimizes the possibility of achieving positive results in the process of these communications. Special attention should be paid to the functioning of the customs system, which is an important part of the national economy of Ukraine. In this area, corruption abuses are extremely pronounced, given the peculiarities of the customs industry. This problem is acute and urgent, as its existence causes the progression of those negative phenomena that are currently present in the customs system of Ukraine and reduce the effectiveness of public administration in general.Recent research and publications analysis. The issue of corruption in the context of public administration is the subject of research by many scientists: V. Averyanov, O. Antonova, V. Bashtannyk, Y. Bytyak, I. Borodin, A. Vasyliev, I. Golosnichenko, E. Dodin, L. Koval, V. Kolpakov, A. Komzyuk, N. Lypovska, V. Olefir, O. Ostapenko, I. Pakhomov, O. Petrenko, S. Seryogin, I. Khozhylo, V. Shamray, H. Yarmaki etc. Given the wide range of researchers who study the specifics of corruption in the context of public administration, it is worth noting the significant gaps in the assessment of this issue from a sectoral perspective. In particular, it should be noted the great need to study corruption in customs and find ways to minimize this shameful phenomenon in modern conditions.Highlighting previously unsettled parts of the general problem. The need to analyze corruption processes in the customs authorities and substantiate offers for anti-corruption actions in the field of public administration led to the choice of the topic of the article.Paper main body. Corruption in the general sense can be defined as the illegal activity of persons called to perform the functions of the state, in the form of misuse of their powers in order to obtain benefits by increasing their material wealth, obtaining illegal services or benefits.Global trends indicate the presence of corruption in all countries, so this issue is a priority in solving all spheres of life, both developed and developing countries. In particular, public administration of European countries in the political, informational, institutional and legal context is aimed at combating corruption. To this end, there are such institutions common to EU countries as Greco, the Venice Commission, Olaf, Eurojust, Europol and others. At the interstate level, they coordinate and provide information and analytical support for anti-corruption measures, develop common legal standards in the form of community regulations.In the field of public administration, there is a sufficient legal resource on the basis of which it is possible to ensure anti-corruption policy in the state and, in particular, in the customs sphere. However, the customs system is characterized by a wide range of unresolved issues related to corruption abuses. Accordingly, there is a need to develop offers for overcoming and preventing corruption: development and implementation in the practice of customs authorities of methodological recommendations relating to their employees and aimed at resolving conflicts related to corruption; observance by customs officers of relevant ethical norms, which must harmonize with anti-corruption activities; effective application of responsibility to those guilty of corruption and comprehensive implementation of measures aimed at combating corruption; clear identification of those responsible for corruption in areas where there is a high risk of such abuses; regulation of procedures aimed at preventing corruption of customs officers in the performance of their official duties.Anti-corruption in customs authorities in the context of ensuring the effectiveness of public administration should include the implementation of the following measures: development of conceptual foundations of anti-corruption policy in the customs sphere; adopt a Code of Ethics for Customs Officers in accordance with the needs of anti-corruption policy; effective implementation of the principle of equality before the law in the context of reducing corruption; ensuring equal responsibility for corrupt actions not only for individuals but also for legal entities; ensure the absence of immunity from corrupt practices for officials, including senior executives; delimit the powers of bodies engaged in anti-corruption activities; to intensify the public to combat corruption; wide informing of the public about cases of corruption in customs bodies.Conclusions of the research and prospects for further studies. The problem of corruption in public authorities is a long-standing and painful issue in Ukraine. This problem is especially acute in the activities of customs authorities, as their activities are directly related to foreign economic activity, significant flows of goods and flows of financial resources across the customs border of the state. In turn, this is a direct threat to the country’s national security. Given the fact that Ukraine ranks relatively low in global rankings on the existence of corruption abuses, it is necessary to take decisive measures to reduce the manifestations of this phenomenon, in particular, in the customs authorities.

Other voices? The state of public relations history and historiography: Questions, challenges and limitations of ‘national’ histories and historiographies

2017 ◽  
Vol 6 (1) ◽  
pp. 115-136 ◽  
Author(s):  
Kate Fitch ◽  
Jacquie L’Etang
Keyword(s):  
Public Relations ◽  
The State ◽  
Methodological Issues ◽  
Book Series ◽  
The Public ◽  
Historical Literature ◽  
Starting Point ◽  
Societal Context

This essay offers an overview of public relations history and historiography, using a review of a recently published book series as a starting point. In offering sometimes previously undocumented national histories and regional and non-US perspectives, National Perspectives on the Development of Public Relations: Other Voices opens up the field. However, the series also raises philosophical and methodological issues regarding the role of history, the positioning of public relations, tensions within the field and public relations’ relationship to societal communication and powerful strategic interests. Scholars have not always grounded their histories within wider historical literature that contextualises the public relations occupation and its role in a particular societal context. We argue that a renewed focus on historiography is needed to better address the influence of US progressivist accounts, the scientisation of western public relations and the narrow confines of the public relations discipline.

Zwierzynski v. Poland

2001 ◽  
Vol 12 (5-6) ◽  
pp. 367-370
Keyword(s):  
Moral Obligation ◽  
The State ◽  
Fundamental Rights ◽  
Public Order ◽  
General Interest ◽  
Public Authorities ◽  
The Public ◽  
The Guardian ◽  
Fair Balance

Any interference with the protection of property had to strike a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights. The requisite balance would not be struck where the person concerned bore an individual and excessive burden. Where an issue in the general interest was at stake it was incumbent on the public authorities to act in an appropriate manner and with utmost consistency. In addition, the State, as the guardian of public order, had a moral obligation to lead by example and it had a duty to ensure that its organs charged with the protection of public order enforced observance of that obligation.

AS POLáTICAS PÚBLICAS DE PROTEÇÃO DA SAÚDE MATERNO-INFANTIL NO PIAUá (1930-1945)

2018 ◽  
Vol 15 (26) ◽  
pp. 49-73
Author(s):  
JOSEANNE ZINGLEARA SOARES MARINHO
Keyword(s):  
Public Policies ◽  
The State ◽  
Public Authorities ◽  
State Legislation ◽  
Administrative Organization ◽  
The Public ◽  
Palabras Clave ◽  
State Administration ◽  
Future Citizen ◽  
And Child Health

A proposta do artigo é analisar a organização administrativa dos poderes públicos piauienses a partir da criação de legislação e de órgãos de assistência á  saúde de mães e crianças entre 1930 e 1945. Dessa forma, objetiva-se abordar como a questão da saúde materno-infantil passou a ser tratada como responsabilidade do Estado. Tratava-se de uma iniciativa que estava de acordo com o ideário de preparação do futuro cidadão, vinculando-se á  formação do trabalhador nacional. Para a realização da análise foram utilizadas autoras como Besse, Freire e Martins. O corpus documental foi composto de mensagens do governo do Piauá­, legislação estadual e artigos de jornais impressos. Verificou-se que a formulação de leis e órgãos ficou condicionada á  estruturação da administração estadual, sendo estabelecidas as condições para a proteção de crianças e mulheres, estas, no entanto, receberam atenção apenas no que se referia á  condição materna.Palavras-chave: Polá­ticas públicas. Saúde. Materno-infantil.  THE PUBLIC POLICIES FOR THE PROTECTION OF MATERNAL AND CHILD  HEALTH IN PIAUá (1930-1945)Abstract: The purpose of this article is to analyze the administrative organization of public authorities in Piaui from the creation of legislation and health care agencies for mothers and children between 1930 and 1945. Thus, the objective is to address the issue of maternal health was treated as the responsibility of the State. It was an initiative that was in accordance with the ideals of the preparation of the future citizen, being linked to the formation of the national worker. To perform the analysis, authors such as Besse, Freire and Martins were used. The documentary corpus was composed of messages from the Piauá­”™s government, state legislation and printed newspaper articles. It was verified that the formulation of laws and organs was conditioned to the structuring of the state administration, establishing the conditions for the protection of children and women; these, however, received attention only regarding the maternal condition.Keywords: Public policies. Health. Maternal-child.LAS POLáTICAS PÚBLICAS DE PROTECCIÓN DE LA SALUD MATERNO-INFANTIL EN EL PIAUá (1930-1945)Resumen: La propuesta del artá­culo es analizar la organización administrativa de los poderes públicos piauienses a partir de la creación de legislación y de órganos de asistencia a la salud de madres y niños entre 1930 y 1945. De esa forma, se pretende abordar como la cuestión de la salud materno-infantil pasó a ser tratada como responsabilidad del Estado. Se trataba de una iniciativa que estaba de acuerdo con el ideario de preparación del futuro ciudadano, vinculándose a la formación del trabajador nacional. Para la realización del análisis fueron utilizadas autoras como Besse, Freire y Martins. El corpus documental fue compuesto de mensajes del gobierno de Piauá­, legislación estadual y artá­culos de periódicos impresos. Se verificó que la formulación de leyes y órganos quedó condicionada a la estructuración de la administración estadual, siendo establecidas las condiciones para la protección de niños y mujeres, estas, sin embargo, recibieron atención sólo en lo que se referá­a a la condición materna.  Palabras-clave: Polá­ticas públicas. Salud. Materno-infantil.

scholarly journals Improving the Mechanisms of Public-Private Partnership

2021 ◽  
Vol 12 (2) ◽  
pp. 242
Author(s):  
Aliya Zyalilevna Minnibaeva ◽  
Irina Yurievna Vaslavskaya ◽  
Irina Alexandrovna Koshkina ◽  
Artur Faridovich Ziyatdinov
Keyword(s):  
Large Scale ◽  
Structural Changes ◽  
Public Private Partnership ◽  
State Regulation ◽  
The State ◽  
Public Authorities ◽  
Private Partnership ◽  
Investment Projects ◽  
The Public ◽  
Activity State

Development of the Russian economy causes the growth of public requirements and structural changes connected with it directed to an increase in the efficiency of social and economic tasks solution. Need of partnership of the state and private business development for the solution of problems in the social and economic sphere predetermines by the insufficiency of opportunities of the public (budgetary) financing of investment projects, large-scale and significant for society. The public-private partnership (PPP) acts as one of the modern economic mechanisms allowing realizing the interaction of the state and business. The PPP, on the one side, represents a special form of influence of state authorities and management for the purpose of stimulation of business activity, and with another, acts as the economic mechanism of the solution of social and economic tasks. The article is devoted to the consideration of the public-private partnership mechanism as one of the most modern methods of economic activity state regulation which basis the basic coordination principle of the parties interests and allowing to combine interests and technologies of business. Need and the prospects of further development of mechanisms of state-private partnership on the basis of the state strategic planning are proved. Special attention is paid to the interrelation of development of public-private partnership and need of theoretical scientific research in the field of improvement of institutional, ensuring its realization. It is shown that the role of the mechanism of public-private partnership in the economy is defined, first of all, by its elements as subjects and objects of public-private partnership, priority spheres of realization. Authors allocate and describe a number of aspects of the mechanism of functioning of public-private partnership, namely: organizational and legal, financial and investment, technical and organizational, regional. In the article, the main problems connected with the development of the mechanism of PPP, including with lack of the description of concrete mechanisms of use of the majority of forms of PPP and lack of regulation of questions of division of powers between public authorities and business are allocated and proved.

scholarly journals The range of instruments of mechanism for interaction between the Constitutional Court of Ukraine and the Verkhovna Rada of Ukraine

2018 ◽  
Vol 6 (5) ◽  
pp. 5-11
Author(s):  
N. V. Moskalets
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Performance Indicators ◽  
Monitoring And Evaluation ◽  
The State ◽  
Individual Responsibility ◽  
Constitutional Court ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Development

In the article, basing on investigation of the interaction of the Constitutional Court of Ukraine with the Verkhovna Rada of Ukraine in ensuring the rights and freedoms there was proposed the range of instruments of mechanism for interaction based on proper governance, monitoring and evaluation, including performance indicators and effectiveness, individual responsibility of a person authorized to perform the functions of the state. Due to its implementation, the public authorities will provide priority-oriented constitutional guarantees, namely human rights and freedoms in the context of promoting civil society development in Ukraine. In the article, basing on investigation of the interaction of the Constitutional Court of Ukraine with the Verkhovna Rada of Ukraine in ensuring the rights and freedoms there was proposed the range of instruments of mechanism for interaction based on proper governance, monitoring and evaluation, including performance indicators and effectiveness, individual responsibility of a person authorized to perform the functions of the state. Due to its implementation, the public authorities will provide priority-oriented constitutional guarantees, namely human rights and freedoms in the context of promoting civil society development in Ukraine. In order to enhance the implementation of the range of instruments of mechanism for interaction between the Constitutional Court of Ukraine with other public authorities, there was offered the introduction of electronic document management as a preventive anti-corruption measure with integrated monitoring and transparency mechanisms of activity of public authorities in order to reduce the level of corruption and hierarchical influence, for the purpose of openness and transparency, efficiency of activity within the democratic processes.

scholarly journals MEDIATION IN ADMINISTRATIVE PROCEEDING: MYTH OR REALITY NOWADAYS

2020 ◽  
Keyword(s):  
Administrative Law ◽  
Public Authority ◽  
Modern World ◽  
Public Authorities ◽  
Acceptable Solution ◽  
The Public ◽  
Service Conception ◽  
Administrative Proceeding ◽  
State And Local ◽  
The One

In legal life of the modern world common ways of resolution to the legal disputes (conflicts) are not always efficient, since, as a rule, interests and needs of the one side and sometimes even of the both ones are left unsatisfied. Appeal to the public authorities because of each law conflict results in overloading of courts and administrative authorities. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The article is devoted to reviewing the peculiarities of implementation of the method of mediation in administrative proceeding. It reports on attributes of administrative law conflict and also on peculiarities of conducting the procedure of mediation. Scholarly works of domestic scientists such as Sydelnikov O. D., Krasilovska Z. V., Lysko A., Mazaraki N. A. and others have been devoted to this problematique. Mediation - is a consensual and confidential procedure extrajudicial settlements of conflicts, in which a mediator helps the sides to understand their interests and search efficient ways of achieving mutually acceptable solution. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. It is specified by typical peculiarities for such disputes and also by legal nature of subjects of administrative legal relationship. Exactly because of this, some scientists refer to partial nonmediability of such disputes, as one of the side in this case is always an organ of public authority. Approaching a compromise between public authority and a citizen is a prioritized direction of state and local authority activity. The procedure of mediation can be applied only in certain administrative disputes. In this case it is possible to single out advantages of implementation of the mediation procedure in dealing with administrative law conflict, they are effectiveness, saving funds and time, speed, confidentiality, unloading administrative courts, embodiment the principle of service conception of the state, the principle of the rule of law and proper management.

scholarly journals Legal Offerings Increase the Effectiveness of Determination of Coercive Money and Administrative Sanctions on State Administrative Decisions

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Mutiara Hamdalah ◽  
Yudha Chandra Arwana ◽  
Asna Yusrina
Keyword(s):  
Legal Protection ◽  
Legal Culture ◽  
Administrative Law ◽  
The State ◽  
Legal Certainty ◽  
Legal Research ◽  
Law System ◽  
Administrative Sanctions ◽  
Administrative Justice

Legal Offers In Improving the Effectiveness of Forced Money Determination Efforts and Administrative Sanctions On the warning of a valid verdict that is not carried out by the defendant. The assessment of the formulation of the problem in this study is how the legal culture in Indonesia to the application of Article 116 paragraph (4) of Law No. 51 of 2009 on State Administrative Justice. In this paper the author also provides an understanding of the comparison of the State Administrative Law system (Indonesia) with Verwaltungsgerecht (Germany) in order to realize legal justice for the community. By using paradigms in terms of epistemological and axological aspects. In the implementation has not been found a special authority in overseeing the existence of the State Administrative Decision (KTUN) that has been validly decided by the judge, there are still some cases of defendants who do not carry out the warning of the verdict against the verdict. The defendant must pay forced money or administrative sanctions against it. From these cases, there should be special authority in supervising the KTUN that has been decided by the judge. The author in this paper offers a legal offer to improve the effectiveness in the implementation of the KTUN in improving legal certainty and guarantee of legal protection in the field of State Administrative Justice. The authors of this paper use descriptive doctrinal research methods, descriptive legal research that explains what should be communicated with the law in the review of das sollen and das sein.

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