scholarly journals K obsahu a rozsahu veřejných subjektivních práv

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 31-43
Author(s):  
Martin Kopecký
Keyword(s):  
Public Administration ◽  
Public Authorities ◽  
Public Rights ◽  
Definition Of

The paper deals with the conception of public rights, their attributes, and a definition of the typical groups of public rights. The author analyses which duties of public authorities may be enforced before the court. The author further shows when individual persons have no legal claim to fulfilment of duties of public authorities. The paper analyses the evolution of public rights within the area of public administration and the possibilities of enforcement of these rights.

COMPETENCE APPROACH IN EUROPEAN PUBLIC ADMINISTRATION: ESSENCE AND DEVELOPMENT TRENDS (ARCHETYPAL ASPECT)

2018 ◽  
Vol 1 (14) ◽  
pp. 132-143
Author(s):  
Martha Ivanivna Karpa
Keyword(s):  
Public Administration ◽  
Good Governance ◽  
Public Institutions ◽  
Public Authorities ◽  
European Public ◽  
Territorial Organization ◽  
Characteristic Features ◽  
State And Local ◽  
Main Components ◽  
Definition Of

The article reveals the main features of the competence approach in the practice of European public administration. The features of the competence approach in public administration are determined on the basis of analysis of the basic concepts of public administration. In the dynamics of the formation and development of popular theories of interaction between state and local authorities, such as the theory of a free community, community (public) and public and state (the theory of municipal dualism), we can trace a number of characteristic features of a competency approach, which manifests itself both through the general theoretical relations and manifestations, and through the practice of coexistence of public authorities. There is a problem of definition and distribution of public functions as a prerequisite for defining and shaping the competences of public institutions. An important issue in the context of a competent approach is the institutional consolidation of functions in the context of the existence of the basic models of territorial organization of power. In each of the varieties of the Governance concept (Responsive Governance concept, Democratic Governance concept, Good Governance concept), the specifics of the use of competencies are defined. The archetypal symbols in the European public administration are singled out using the analysis of competence in public administration in its main constituents. A brief description of the archetypal aspect of European public administration is given. The main components of competence are shown in connection with the existing archetypal symbols and the characteristic trends of their development. Their connection is shown according to the scheme “the entity component (who?) — the object component (what?) — the administrative component (how?) — the basis (in what environment?)”. Concerning the trends of development of a competence approach in the context of practice and theory of public administration, it is determined that modern concepts of public administration are characterized by shifting the balance between state and public institutions to the sphere of common goals and tasks, and thus responsibility. The joint activity of all subjects of society requires new forms of cooperation, definition of the spheres and subjects of each entity’s activity for effective cooperation, distribution of functions and competences of the entities, formation and consolidation of their status characteristics.

scholarly journals Ensuring the principles of the rule of law and legality in the activities of public administration: terminological analysis

2020 ◽  
Vol 45 (2) ◽  
pp. 91-98
Author(s):  
Iryna Shumliaieva
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
Scientific Article ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
Close Relationship ◽  
Scientific Papers ◽  
Definition Of

In the context of the development of home public administration, the implementation of research in terms of providing a meaningful description of the principles of the rule of law and legality in order to comply with them and ensure the activities of public authorities is becoming relevant. Therefore, the purpose of the scientific article is to implement a terminological analysis of the principles of the rule of law and legality in the activities of public administration, as an important condition for the development of public administration. The article considers terminological issues related to the definition of the essence of the concepts «rule of law», «legality», «public administration», by analyzing scientific papers and legal documents. Particular attention is paid to the definitions contained in the norms of international and European acts concerning the definition of the content of the principles of the rule of law and legality, which allowed distinguishing the relevant international and European understanding of the conceptual foundations of these concepts. It is established that at the present stage of development of the institution of public administration in the European doctrine the principle of the rule of law prevails, which is not identified with the principle of legality, as it is included in the list of relevant requirements for the implementation of the first one. The relationship between the rule of law and the rule of legality is shown, given their close relationship, formed in the process of evolution at different times during the development of social relations. As a result of research of scientific literature and normative-legal sources, it is offered to consider legality in activity of public administration in a wide public-administrative context through a prism of regulation of the state-authoritative influence on society for the purpose of its ordering. Since the vector of the rule of law and legality is aimed at both public authorities and society, it is assumed that the adoption of these principles in society involves the implementation of the requirements set out in the article to ensure compliance with public administration.

scholarly journals ON THE QUESTION OF DEFINITION OF THE CONCEPT OF ADMINISTRATIVE ACTIVITY OF THE STATE MIGRATION SERVICE OF UKRAINE

2020 ◽  
pp. 230-236
Author(s):  
В. В. Репело
Keyword(s):  
Public Administration ◽  
Scientific Literature ◽  
Administrative Law ◽  
The State ◽  
Main Attention ◽  
Public Authorities ◽  
Administrative Functions ◽  
Characteristic Features ◽  
Definition Of ◽  
The Right

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.

scholarly journals INCREASING THE EFFICIENCY OF PUBLIC ADMINISTRATION IN RUSSIA BASED ON INTRODUCTION OF THE "ELECTRONIC GOVERNMENT" CONCEPT

2016 ◽  
Vol 2016 (5) ◽  
pp. 230-237 ◽  
Author(s):  
Константин Логвинов ◽  
Konstantin Logvinov
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Information Technologies ◽  
Electronic Government ◽  
Government Formation ◽  
Public Authorities ◽  
Legal Problems ◽  
The Russian Federation ◽  
Definition Of ◽  
State Functions

Now the process of information and communica-tion technologies introduction in the activity of public authorities goes beyond the framework of some infor-matization programs and projects and becomes a driv-ing transformation force of both the organization of public authorities work, and approaches to execute state functions in general. At the same time there is lack of systemacity and integral regulation of using information technologies in public administrative activity, uncertainty and discrepancy of some provisions of the legislation, lack of the uniform concept of "the electronic government". Using a generalization method, comparative and formal-logical approaches, the article attempts to represent a complex attitude towards the problem of "electronic government" formation in the Russian Fed-eration as one of possible instruments of increasing public administration efficiency. Studying a definition of "the electronic government" has allowed to formu-late an author's interpretation of this term, to systemat-ize and generalize its functioning principles, and also to plan the possible directions of solving the organiza-tional and legal problems connected with the develop-ment of this concept in the Russian Federation.

scholarly journals Public interest in administrative law

2021 ◽  
pp. 37-40
Author(s):  
Mykhailo HALAI ◽  
Ihor KOSIAK
Keyword(s):  
Public Administration ◽  
Public Interest ◽  
Administrative Law ◽  
Public Authorities ◽  
Legal Proceedings ◽  
The Public ◽  
Private Interests ◽  
Domestic Legislation ◽  
Private And Public ◽  
Definition Of

Today the concept of “public interest” plays a significant role in public law. It would then be important to define the concept for better understanding and application in administrative law. The paper is devoted to the analysis of the definition of «public interest». The uncertainty of the concept in the legislation is noted. The questions of genesis of concept of «interest» in law; division of right into private and public; division of interest into private and public interest. Considered views on the definition of interest in law. The exercise of public interest by organs of public administration by issuing administrative acts is specified. The meaning of public interest has been defined. The role of public interest in the activities of public administration bodies has been established. The importance of balancing individual and collective interests was emphasized. The types of public interest are defined, and the concept of public interest in administrative law is enshrined in domestic legislation. The ambiguity of the legal acts defining the types of public interest that are laid down in the legislation is indicated. Special features of public interest have been formed. It is further stated that the public interest is the content of the legal relationship between citizens and the public administration. The importance of State guarantees for the possibility of realizing a public interest has been established. With the help of the powers of the local State administrations, signs of public interest were examined. It has been established that it is possible for public authorities to define the concept of public interest. The use of types of public interest in legal proceedings, the safeguarding and realization of public interest by administrative law and the importance of a legislative definition of public interest have been proved. The opinion defines the concept of public interest in administrative law as a set of private interests in administrative legal relations which (aggregate) It is provided by appropriate legal means and is implemented through executive administrative acts. In addition, the report indicates the main features of public interest.

scholarly journals Provision of services by public administration: models of regulation

2021 ◽  
pp. 234-238
Author(s):  
O.P. Svitlichny
Keyword(s):  
Public Administration ◽  
Service Provision ◽  
Local Governments ◽  
Public Authorities ◽  
Public Administration Reform ◽  
Provision Of Services ◽  
Consumer Organizations ◽  
Principles And Standards ◽  
Democratic Principles ◽  
Definition Of

In order to ensure the full realization of rights and freedoms, legitimate interests of citizens, to meet public needs in Ukraine, public authorities (mainly executive) and local governments, as well as other authorized public administration entities provide more than 130 items of various services. The application of laws in the field of service provision is primarily defined by part three of Art. 42 of the Constitution of Ukraine, according to which the state protects the rights of consumers, controls the quality and safety of products and all types of services and works, promotes the activities of public consumer organizations. The article analyzes various types of services provided to individuals and legal entities on the basis of the analysis of the norms of the current legislation of normative-legal acts and scientific views. It is determined that the development of democratic principles in the activities of executive bodies, local governments, their officials is closely linked with the efficiency and quality of services that must meet European principles and standards. It is established that in the current laws and regulations and in domestic legal science there are different approaches to understanding the concept of «service», features of the procedural part of service provision, as well as the fact that current legislation does not contain a definition of «service procedure» and a clear procedure services by public administration. Attention is drawn to certain shortcomings in the regulation of the procedure for providing services by executive authorities and local governments, and it is emphasized that despite certain legal and political difficulties in implementing the Law of Ukraine «On Administrative Procedure», a number of comments were made by the Chief Scientific Expert. The Verkhovna Rada of Ukraine adopted this law, which is an important step towards systemic public administration reform and bringing it closer to European principles and standards, and the shortcomings of the public administration's relations with citizens can be eliminated by making a number of changes and additions.

scholarly journals SEMANTICAL ANALYSIS OF THE CONCEPT OF «MECHANISM OF PUBLIC GOVERNANCE» IN THE CONTEXT OF THE SYSTEM APPROACH

2020 ◽  
Vol 22 (3(76)) ◽  
pp. 30-38
Author(s):  
V.F. GORYACHUK ◽  
D.F. DUKOV
Keyword(s):  
Public Administration ◽  
Semantic Analysis ◽  
Systems Approach ◽  
Single Point ◽  
Point Of View ◽  
Formal Representation ◽  
Public Authorities ◽  
Democratic State ◽  
Definition Of ◽  
State Organization

Topicality. Improving the processes of public administration is impossible without studying the theoretical foundations of these processes, without defining the appropriate categories of public administration. A special place among them is occupied by the concept of the "mechanism of public administration". Without disclosing its essence, it is impossible to solve the problem of improving the efficiency of public administration mechanisms and, accordingly, the efficiency of the entire system of public administration. Aim and tasks. Conduct a semantic analysis of existing definitions of "public administration mechanism" in the context of a systems approach. Research results. The presence of perfect mechanisms of public administration provides purposeful, coordinated, and rational management of social and economic processes in the country, the appropriate level of organizational and managerial influence on the development of all spheres of life, sustainable support of public authorities by various segments of the population. Many researchers use the category "system" when defining the concept of the "mechanism of public administration". According to this view, the system: has a purpose; is a set of interconnected elements; its elements act as lower-order systems; can be represented in different aspects and at different levels; forms a special unity with the external environment. The article compares the formal representation of the concept of "system" with the existing definitions of the concept of "mechanism of public administration". Today in the literature there is no single point of view on the definition of "mechanism of public administration". Some authors define it as a system of state bodies organized in accordance with certain principles for the implementation of public administration tasks, the second - as part of the management system that provides influence on the factors on which the result of the management object depends, the third - as a democratic state organization of managerial influence on social processes, fourth - as a way of organizing and functioning of management based on the establishment of reasonable goals, fifth - as a set of practical measures, tools, levers, and incentives by which public authorities influence any public relationships in order to achieve goals. There are other points of view. This situation is the result of the fact that the study of the concept of "mechanism of public administration" is carried out on the basis of different methodological principles, in different fields of science, and with different research objectives. In this case, each of the definitions enriches the understanding of this phenomenon, but none of them, even in combination, does not provide an exhaustive description of the concept of the "mechanism of public administration. Conclusion. None of the definitions of the term "mechanism of public administration" considered in the article fully corresponds to the formal definition of the term "system". At the same time, each component of the formal representation of the term "system" is present in one or another definition of the "mechanism of public administration".

scholarly journals Gold and Foreign Currency Reserves Mangement: Revisiting the Issue of the Concept

2020 ◽  
Vol 15 (11) ◽  
pp. 95-102
Author(s):  
L. L. Arzumanova ◽  
A. О. Logvencheva
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Foreign Currency ◽  
Public Authorities ◽  
State Activity ◽  
The Russian Federation ◽  
Ministry Of Finance ◽  
The Creation ◽  
Definition Of

The paper provides for the study of the category “gold and foreign currency reserves management”. Despite the particular importance of this category, there is no any normative definition of the category under consideration. In this regard, having analyzed doctrinal definitions of public administration, the authors determine several features and clarify them for the purpose of their application to the gold and foreign currency reserves management: first, gold and currency reserves management represents a type of state activity; second, it is carried out by authorized public authorities—the Ministry of Finance of the Russian Federation and the Bank of Russia; third, it consists of successive stages—creation, storage and use of gold and foreign currency reserves. Following the results of the study, authors propose their own definition of the category “gold and foreign currency reserves management”. In particular, it is possible to define the management of gold and foreign currency reserves as a special type of state activity aimed at the creation, storage and use of gold and foreign currency reserves and carried out by the Ministry of Finance of Russia and the Bank of Russia.

scholarly journals IMPLEMENTATION OF THE CONCEPT OF DISTINGUISHING THE FUNCTIONS OF THE CPSU AND STATE AUTHORITIES (THE PERIOD OF GORBACHOVSKY'S REBUILDING)

2020 ◽  
pp. 239-249
Author(s):  
Є. Бородін
Keyword(s):  
Public Administration ◽  
Dominant Role ◽  
Soviet Society ◽  
Public Authorities ◽  
Party Leadership ◽  
Political Pluralism ◽  
The Status ◽  
Definition Of ◽  
June July

The article covers the process of introducing the concept of division of functions of party and state bodies in the USSR during the Gorbachev «perestroika» years. The monopoly ruling party, which in accordance with the Constitution of the USSR in 1978 had the status of a «leading and guiding force» of Soviet society, felt the need to define new relations with public authorities in the context of the proposed reforms of public administration. Based on the definition of the political system of Soviet society, the party leadership gradually democratized the concept of «party leadership.» Initially, at the 21st CPSU Congress (February – March 1986), a «soft concept» was introduced to prevent «the confusion of party and state functions», which relied on the abandonment of petty guardianship and the replacement of state structures by the authorities. Then, at the 19th CPSU Conference (June – July 1988), under political reform in the USSR, a «rigid concept» of «delineation of functions» was introduced, which anticipated the role of the party as a policy-maker and its members as government leaders. The introduction of the concept of «delineation of functions» in no way called into question the monopoly position of the CPSU in the system of public administration, the dominance of the so-called «Marxist-Leninist ideology». Under the changes that put on the agenda the emergence of such mandatory attributes of democratic transformations as political pluralism, free elections, multiparty system, the CPSU ideologists sought the basis for their own theories in the decisions of the VIII Congress of the RCP (b) (1919) and in V. I. Lenin’s works at the time of the elimination of the multiparty system in the USSR. In the process of finding a solution to prevent the replacement of state structures by party bodies, the dominant role of the CPSU in the system of public administration of the USSR was actually recognized, and the preconditions for further radical changes in Soviet society were created.

scholarly journals Public administration as a guarantee of human rights and freedoms in Ukraine

2020 ◽  
pp. 174-177
Author(s):  
Olena Oкhotnikova ◽  
Yaroslava Arbych
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Public Administration ◽  
International Experience ◽  
The State ◽  
Public Authorities ◽  
The People ◽  
Foreign Countries ◽  
Definition Of

One of the main guarantees of building a sovereign and independent, democratic, social, legal state is to ensure the rights andfreedoms of the people in it.The purpose of the article is to establish the role of public administration in ensuring human rights and freedoms, as well as todetermine the main directions of improving the mechanism of work of public authorities on this issue.The role of public administration in ensuring human rights and freedoms and the problem of the need to reform it in Ukraine arestudied in the article. A comparative analysis of the model of public administration using international experience has been done. Waysto improve the domestic model of public administration in ensuring human rights and freedoms based on the experience of Germanyare proposed.Nowadays, the issue of ensuring human rights and freedoms is relevant not only in Ukraine but also in international practice. Thekey actor in the sphere of public administration is the state, represented by public authorities, which carry out their administrative acti -vities aimed at ensuring human rights and freedoms. Not surprisingly, Article 3 of the Constitution of Ukraine enshrines the provisionthat human rights and freedoms and their guarantees determine the content and direction of the state. However, today public administrationin Ukraine is characterized by inefficiency and frequent violations of the law. The relevance of the topic of this study is due tothe need to improve the model of public administration in Ukraine, as a key activity of public authorities to ensure human rights andfreedoms.Analysis of the functioning of public administration to ensure human rights and freedoms should be carried out with the definitionof “public administration”, due to the fact that in the legal field there is no definition of this concept. In our opinion, the following definitionof public administration should be given – it is a set of organizational and legal components of the management of public autho -rities.So, today there is a question about the effectiveness of such activities in Ukraine. Therefore, public administration bodies, usingthe experience of foreign countries, must reform the modern model of public administration, which will fully ensure human rights andfreedoms and will be their guarantee.

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