scholarly journals Public Law and Administration under Conditions of Hybrid Warfare (The Experience of Ukraine)

2021 ◽  
Vol 27 ◽  
pp. 195-218
Author(s):  
Taras Gurzhii ◽  
Anna Gurzhii ◽  
Adam Jakuszewicz
Keyword(s):  
National Security ◽  
Public Administration ◽  
Legal Regulation ◽  
Public Law ◽  
Administrative System ◽  
Hybrid Warfare ◽  
The Public ◽  
The World ◽  
Protection Of Human Rights ◽  
State Of Affairs

Events that took place in Ukraine in 2014 transparently demonstrated the maladjustment of the national legal and administrative system to the challenges of hybrid warfare in times of peace. Although it took into account the possibility of direct military threats, it proved not to be ready for withstanding unconventional pressure. This state of affairs significantly weakened the state’s ability to resist and led to a number of dramatic political miscalculations, organizational failures, and acute social problems. The subsequent update of the national public law and administrative system made it possible to improve the situation, but at the same time it revealed a number of pressing issues related to the need to strike a balance between the state’s commitment to ensure the protection of human rights and the necessity to protect national security. In this sense the experience of Ukraine is instructive for many countries of the world, especially for those that are the target of the geopolitical ambitions of the modern Russia. The paper discusses the public law of Ukraine in recent years with the view of highlighting some key problems of legal regulation, as well as identifying some promising ways to develop public administration so that it is capable of effectively coping with the threats of hybrid warfare.

scholarly journals Perspectives of public administration’s development: International experience

2021 ◽  
Vol 10 (44) ◽  
pp. 270-277
Author(s):  
Anatoliі Volodymyrovych Khromov ◽  
Iaroslav Gadzalo ◽  
Viacheslav Vasiliievich Abroskin ◽  
Mykhailo Volodymyrovych Zavalnyi
Keyword(s):  
Public Administration ◽  
Developed Countries ◽  
International Experience ◽  
Political Force ◽  
The Public ◽  
The World ◽  
Political Program ◽  
Key Factor ◽  
State Of Affairs

The purpose of this article is to reveal the urgent state of affairs in the sphere of public administration in Ukraine and the world. The most relevant problematic issues in regard to the functioning of public administration area have been also studied. The current prospects for the development of public administration are characterized. In particular, successful examples of international experience in this field are analyzed. Methods of public administration in a number of developed countries are also compared. The meaning of the terms "public administration", "implementation of public administration" and "development of public administration" is revealed. It is noted that the importance of understanding exactly how to carry out public administration within a particular state or a particular region or municipality is a key factor in the success and effectiveness of a political program of any political force. The importance of active cooperation of state authorities of Ukraine, as well as the public, with Ukraine's international allies and partners is emphasized. After all, it is fruitful interaction with such states that will help Ukraine to develop faster and acquire the useful qualities and properties that it must possess in order to effectively carry out public administration.

scholarly journals Prawo administracyjne prywatne. Propozycja nowego terminu w siatce pojęciowej polskiego prawa administracyjnego

2018 ◽  
Vol 114 ◽  
pp. 149-165
Author(s):  
Witold Małecki
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Legal Framework ◽  
Legal Regulation ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Protective Measures ◽  
Public And Private ◽  
The Public

PRIVATE ADMINISTRATIVE LAW. THE PROPOSAL OF A NEWDistinction of the set of norms called ,,private administrative law” is conditioned by the recognition that the theorem on the public-law affiliation of administrative law is of typological relevance, not of classification relevance — in every branch of law also in administrative law it is possible to distinguish, in various proportions, norms of public and private law. The norms of private administrative law set the legal framework for public administration to use forms of activity that traditionally belong to private law in a way that prevents “escape to private law”, fusing private-law forms of activity and public-law protective measures. Public procurement law is presented as a model area of legal regulation within the scope of private administrative law.

scholarly journals National Security: Theoretical-Legal Research

2021 ◽  
Vol 39 (69) ◽  
pp. 317-325
Author(s):  
Marina A. Anyushina ◽  
Elena V. Bestaeva ◽  
Viacheslav V. Suyazov ◽  
Svetlana V. Shiryaeva ◽  
Nataliya S. Shutikova
Keyword(s):  
Complex System ◽  
National Security ◽  
Legal Regulation ◽  
Legal Research ◽  
Legal Rules ◽  
The Public ◽  
Legal Nature ◽  
The World ◽  
Security Relations ◽  
Public Consciousness

The study is relevant as the category of "national security" is multilevel. The work reveals the characteristics and components of this system. The concept of national security exists all over the world. It is one of the most important types of security and is studied by academics from different countries. Furthermore, the concept of national security means a set of scientific and theoretical ideas, opinions and views that dominate in each society and is a subjective reflection of objective ties and national security relations in the public consciousness. From a documentary methodology the article aims to study the legal nature and essence of national security. It is concluded that the genesis of this concept tracks the dialectical interaction of objective and subjective factors. The legal regulation of national security is a comprehensive and multifaceted process based on a complex system of legal rules and regulations. The most significant ones are analyzed in this study. However, academics have not considered all the legal components of national security.

Everything old is old again

2021 ◽  
pp. 014473942110173
Author(s):  
John J Carroll
Keyword(s):  
Public Administration ◽  
The Public ◽  
The World ◽  
Course Offerings ◽  
Entrepreneurial Activities ◽  
Core Course ◽  
Widespread Dissemination ◽  
Master Of Public Administration

A purpose of the Master of Public Administration (MPA) program is to translate theory into practical concepts to prepare leaders of the public and nonprofit sectors. The practice continues to employ entrepreneurial activities throughout the world. The academy has researched, written, and published extensively about entrepreneurship to build knowledge. The author pulled together aspects of the research to build an applicable framework for entrepreneurship—presenting, publishing, and designing an MPA course. This paper discusses that journey. The author sought to find the extent of similar courses in other accredited programs. The findings did not reveal widespread dissemination of entrepreneurship courses. An unintended finding shows that core course offerings appeared to be largely unchanged for decades. Is it time to “reinvent” the MPA program?

scholarly journals Scientific Concepts of a Deputy’s Mandate: Apology and Criticism

2020 ◽  
Vol 11 ◽  
pp. 41-44
Author(s):  
Natalya T. Leonenko ◽  
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
Scientific Concepts ◽  
Government Structure ◽  
The Public ◽  
Legal Nature ◽  
Historical Comparative ◽  
Representative System

The article studies the genesis of the deputy’s mandate institution. The relevancy of this subject is determined by the imperfection of the legal regulation of the institution under study; absence of clarity in its implementation; modernization of public law relations. The public government structure and the general democracy system largely depend on which type of mandate will be preferred in the Russian representative system. The purpose of the article is the research of the legal nature of the institution of mandate of a deputy of representative public government authorities and various aspects of this problem using formal legal, historical, comparative legal and logical methods.

scholarly journals Legal regulation of practices of the police as an entity in charge of preventing and combating corruption in Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 735-755
Author(s):  
Lina M. Tovpyha ◽  
Igor D. Pastukh ◽  
Tetiana Yu. Tarasevych ◽  
Serhii V. Bondar ◽  
Oksana V. Ilina
Keyword(s):  
Regression Analysis ◽  
National Security ◽  
Legal Status ◽  
Legal Regulation ◽  
Analysis Method ◽  
The World ◽  
Comprehensive Development ◽  
Definition Of ◽  
National Police ◽  
Police Practices

This article deals with the legal regulation of the practices of the police as an entity responsible for preventing and combating corruption. The study shows that corruption is becoming increasingly widespread, creating major obstacles to the comprehensive development of the economy and national security of any state. The objectives of this study were to clarify the problematic aspects of the legal regulation of police practices as an entity responsible for preventing corruption, to identify positive international experience in this area and to clarify its implementability in Ukraine. The corruption perceptions index regression analysis method was applied in 12 different countries around the world for 2018 and 2019. On the basis of the analysis, the authors propose to amend Ukrainian legislation with regard to the definition of the legal status of police practices as an entity responsible for preventing and combating corruption at the level of Ukrainian legislation, detailing the powers of the National Police as a specially authorized entity in the field of preventing and combating corruption in the Ukrainian Law "On the National Police".

scholarly journals Javnopravno uređenje zvanične toponimije - od državnog nivoa do nivoa lokalne samouprave / The Public Law Regulation of the Official Toponymy From State’s To Local Level

2016 ◽  
Vol 6 (6) ◽  
pp. 86
Author(s):  
Vladimir Đurić ◽  
Nevenko Vranješ
Keyword(s):  
Local Level ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Public Law ◽  
Place Names ◽  
The Public ◽  
Administrative Procedure ◽  
The Republic ◽  
Domestic Law ◽  
Law Regulation

It is the purpose of this paper to highlight the relation between official toponymy in comparative and domestic law. Toponymy is legally regulated. After the analyzing of the position of official toponymy in the comparative law, selected legal aspects of its regulation in the Bosnia and Herzegovina and the Republic of Srpska legal systems are presented: the constitutional regulation of the names of country, constitutive unites and capitals, the constitutional and law regulation of the official use of language and script, the legal regulation of the local-self-government unit names and official place names, as well as the administrative procedure of the place names change.

The Principle of Legal Certainty: whether there Can Be Gaps in the Public Law?

2020 ◽  
Vol 2(22) ◽  
pp. 29-36
Author(s):  
Maria A. Kapustina
Keyword(s):  
Social Relations ◽  
Real Life ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Order ◽  
Social Regulation ◽  
Legal Certainty ◽  
The Public ◽  
Legal Literature ◽  
The Moment

Legal regulation is caused by the necessity to provide legal order of social regulation. The legal order of regulation is provided by formal legal certainty of regulatory provisions (legal prescripts) and their legal substance. However, there exist relations, whose content, namely, subjective rights and juridical responsibilities of the parties are not strictly prescribed in the legislative norms. Because a legislator cannot foresee all the variety of social relations that may occur in real life and prescribe their formal and legal substance in corresponding legislative acts. In such cases, we usually talk about gaps in law, about the uncertainty of legal regulation. Gaps are taken for granted, considered as an obligatory element of any legal system. Nonetheless, whether there can be gaps in the public law, if in the public law sphere norms are created purposively? In public law, norms are created purposefully (with a goal in mind), public law institutions are artificially established and rationally modernized. The lack of a norm of a statute can mean the refusal of the legislator to legally regulate the question, at least at the moment. This is so-called in legal literature “qualified silence of the legislator” that should not be considered as a gap in law.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

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