scholarly journals Samorząd zawodowy i gospodarczy w Polsce po 1989 roku

2018 ◽  
pp. 49-58
Author(s):  
Robert KMIECIAK
Keyword(s):  
Legal Status ◽  
Central Government ◽  
Public Law ◽  
Transformation Process ◽  
The State ◽  
Public Authorities ◽  
Civic Society ◽  
Governing Body ◽  
Professional Self ◽  
Decentralization Reform

One of the greatest achievements of the socio-political transformation process in Poland is the profound decentralization of public governance. In administrative law, decentralization is perceived as a system with a larger number of independent hubs, vested with competences in terms of public law, and a single center. Therefore, decentralization is a process of delegating certain public functions which formerly were reserved for the central government to groups of citizens organized in corporations. Although local government exemplifies decentralization it is not a one-dimensional no- tion that refers exclusively to territorial relations. In the system of representation specialized self-government bodies, formed with different criteria, play a highly significant role represen- ting the interests of various groups. They are divided into self-governing bodies focused on the economy and the professions. Formal and legal homogeneity, though, does not translate into the appropriate political position of these two forms of self-governing bodies in Poland. While the professional self-governing body is clearly an association governed by public law, the so-called economic self-governing body is based on concepts that emphasize the volunta- ry nature of the ties between entrepreneurs, associated in chambers of commerce. The differences in their legal status and the resulting powers bear no influence on the fact that both economic and professional self-governing bodies are now facing equally serious threats in Poland. In both cases these are related to how the state approaches the extra-territo- rial form of decentralization. We can speak of different motivations here. The state, or rather the state administration, is excessively interested in the professional self-governing bodies and is curbing the autonomy they have traditionally been vested with. The situation is quite different with respect to the economic self-governing bodies, where the public authorities are scarcely interested in becoming involved in supporting them. It should be realized then, that the success of Polish decentralization reform will only be complete when all forms of self-government develop harmoniously irrespective of the rela- tions between their members, whose empowerment will serve democracy and strengthen civic society.

Current model of the state executive service in the system of public authorities of Ukraine

2021 ◽  
Vol 28 (2) ◽  
pp. 105-113
Author(s):  
Petro V. Makushev ◽  
Аndrii V. Khridochkin ◽  
Hanna O. Blinova ◽  
Oleksandr V. Taldykin
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Current Model ◽  
The State ◽  
Mixed System ◽  
Theoretical Justification ◽  
Public Authorities ◽  
Problem Situations ◽  
Functional Features ◽  
Theoretical Foundations

The relevance of the problem under study is due to the need for theoretical justification of the place of executive proceedings in the modern legal system of Ukraine and the functions of the state executive service to protect the rights of citizens and legal entities, as well as the interests of the country. The purpose of the article is to develop a modern model of administrative activity of state executive service bodies. The leading research method for this problem is modeling, which allows us to consider this problem as a focused and informed process of reforming the existing system of executive proceedings in Ukraine. The article presents the main causes of problem situations in executive proceedings and offers comprehensive ways to solve them, based on the structure of the modern state executive service, creating the theoretical foundations of executive proceedings and making specific amendments to the current legislation. The article clarifies the principles, functions and powers of the state executive service in Ukraine, as well as defines the functional features of the administrative activities of the state executive service bodies and discloses the contents of the administrative-legal status of the state executor in a mixed decision enforcement system. In Ukraine is not yet comprehensive research on state executive service in Ukraine in a mixed system of decision-making, with emphasis on the peculiarities of its reform in the present period and the formulation of the Concept. This determines the relevance of this study, its scientific and practical value

scholarly journals FEATURES OF ADMINISTRATIVE AND LEGAL STATUS OF ADMINISTRATIVE COURTS AS SUBJECTS OF INTERACTION WITH PUBLIC ADMINISTRATION AUTHORITIES

2021 ◽  
Vol 1 (10) ◽  
pp. 70-74
Author(s):  
O. Gresko ◽  
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Public Law ◽  
Public Authorities ◽  
Territorial Jurisdiction ◽  
The Subject ◽  
Administrative Courts ◽  
Administrative Jurisdiction ◽  
Determining Factor ◽  
Court Process

The article is devoted to the analysis of general theoretical aspects of determining the administrative and legal status of administrative courts as subjects of interaction with public administration bodies. The basis of the study were modern scientific developments on the subject, as well as current national legislation. The article reveals the category of "status". The essence of the legal status as one of the varieties of the general status of the subject (person, authority, etc.) is analyzed. Scientific approaches to the administrative and legal status are analyzed. The current administrative and legal status of administrative courts in Ukraine is determined. It is concluded that the administrative and legal status of administrative courts is the legal status of administrative courts determined by the norms of administrative law, which consists of a set of elements, the determining factor among which is instance and territorial jurisdiction for public law disputes, one of the parties of which is a public authorities. It was found that among the features of the administrative and legal status of administrative courts as subjects of interaction with public administration authorities should be noted: 1) does not contain the traditional division of elements into rights, freedoms, responsibilities, and is answered only by the competence in the relevant jurisdiction; 2) administrative jurisdiction, according to current legislation, is differentiated into institutional and territorial; 3) is regulated not only by substantive but also by procedural rules of law; 4) consider cases of administrative jurisdiction, in which public administration authorities may act as one of the parties, and administrative courts may interact with these bodies outside the court process.

IMEMO in Early 1990s (continued)

2015 ◽  
pp. 101-110
Author(s):  
P. Cherkasov
Keyword(s):  
Political System ◽  
Central Government ◽  
The State ◽  
Political Crisis ◽  
The Political ◽  
Public Authorities ◽  
General Terms ◽  
Social Liberalism ◽  
The Government ◽  
Soviet Russia

The article analyzes IMEMO activities in 1992–1993, when in Russia, under the influence of both radical economic reforms and drastic weakening of the central government, a deep political crisis emerged and gained a dangerous traction, fraught with the death of a young democracy and even the collapse of the state. Under these conditions, along with economic issues, the politological research came to the fore in IMEMO – the analysis of the country's new political system, the definition of its development vector. The Center of Socio-economic and Socio-political Research of IMEMO headed by German Germanovich Diligenskii played the major role in this work. Analysts of the Center prepared a number of recommendations for public authorities concerning the creation and development of a new democratic political system in Russia. IMEMO experts paid the utmost attention to the nature of the political crisis that arose in the post-Soviet Russia in late 1991, and the ways to overcome it. In January 1993, the results of the study were presented to the discussion at the Academic Council. It was agreed that one of the main causes of the political crisis in the country was the social tensions worsening, as a consequence of the “shocking therapy” conducted by the government of Gaidar in 1992. In the discussion on the political outlook German Diligenskii, rejecting the possibility of the old command-administrative system restoration, substantiated a probability of transformation of the "market democracy" not yet established in Russia into the "authoritarian monopoly or monopoly-bureaucratic system". Noting the disunity of democratic forces, weakness of the entrepreneurial class, largely dependent on the state, Diligenskii formulated a program for uniting all adherents of “arket democracy” under the slogan of "social liberalism", which would take into account Russian specifics. Consolidation of democracy and market economy in Russia is impossible without preservation of the state territorial integrity and consolidation of the central government, with a clear division of functions and powers of its constituent branches. Monopolization (usurpation) of all power by one of the branches – legislative or executive – should not be allowed. The victory of any of them in any case would mean the defeat of democracy. Such was, in general terms, the position of IMEMO in the face of the 1992–1993 political crisis. Acknowledgement. The publication was prepared as part of the President of Russian Federation grant to support the leading scientifi c schools NSh-6452.2014.6.

scholarly journals The Principle Of Legality, Principle Of Public Law

2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
The Social ◽  
Social Balance ◽  
The Moment ◽  
Principle Of Legality

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.

scholarly journals Decentralization of the Ukrainian authorities: concept, introduction, results of its stag (2014–2018)

2020 ◽  
Vol 2 (2) ◽  
pp. 95
Author(s):  
Hennadii Kryvchyk
Keyword(s):  
Central Government ◽  
Developed Countries ◽  
The State ◽  
Historical Period ◽  
Large Cities ◽  
State Administration ◽  
The Face ◽  
The Creation ◽  
Decentralization Reform ◽  
Regional Authorities

The purpose of the paper is to highlight the process of decentralizing power in Ukraine, using historical methodology. First of all, dialectics, that is, the fragmentation of the process in the unity of its contradictions, and the principle of historicism, which requires comprehension of the essence of a particular historical period and the discovery of its immanent features.Subject of democratic reforms in Ukraine is extremely important, so this topic is widely studied by experts in the field of public administration, economics, law, sociology. Among the most topical ones is the problem of introducing and implementing a modern decentralization reform in Ukraine. Most publications contain analysis of problems and recommendations for reform. However, unfortunately, we must note that some publications of our colleagues is not so much scientific as information and propaganda. In addition, the problem is still beyond the control of historical science. Including the fact that this reform is not yet completed, only the first stage has passed. It is believed that historians have not yet come the time to analyze current processes and current phenomena. Because we believe that the processes of modern democratic reforms in Ukraine are no less interesting and relevant to historians than for specialists from other humanities. Strength and social health of the state are determined not only by the respective qualities of state administration, but also by the inclusion of the society itself, the strengthening of local self-government, the involvement of the energy of the entire population, the creation of civil society. That is why the most urgent tasks to be solved in the course of the development of the Ukrainian state were the task of developing local self-government and decentralization of power. Unfortunately, the relevant attempts made during 1990-2013 were half-hearted and generally unsuccessful because of the reluctance of the central government to give real rights and powers to local self-government, territorial communities. Starting in 2014, a decentralized government reform is being introduced in Ukraine, the first phase of which was completed in 2018. At this stage, emphasis was placed on the creation of united territorial communities and the provision of certain economic and financial autonomy. The Ukrainian authorities categorically rejected any proposals on federalization and regionalization, that is, the provision of autonomy to regions and the real strengthening of regional authorities. At the same time, she showed extraordinary activity, determination and persistence in creating united territorial communities. At the same time, despite the promised voluntary, central authorities sometimes used various direct and covert coercive methods. Overall, the goal was achieved. However, the strengthening of the independence of the communities of large cities has, in practice, strengthened the local elites, which became more authoritative and influential than the nation-wide politicians, who were mostly characterized by incompetence and abuse of their powers for their own enrichment. As a result, in Ukraine there was a threat of federalization, which the central government fears. Large cities can become the basis for such federalization in the face of a fall in confidence in the central government. Local government democracy could be more obvious in the event of a decentralization reform on all fronts: the constitutional and legal provision of self-government, the creation of executive committees of regional and district councils with the proper authority, governors' election, the establishment of appointed commissioners and prefects with strictly supervisory functions, such as it is accepted in most developed countries of the world. Obviously, such measures can not in any way endanger the unity, unity of the state, if the state is truly authoritative, strong and legal. After all, in the state - as in a separate team: if it is headed by a true leader, every employee is a creative person, and not an obediently gray performer.

scholarly journals Formation of Regional Development Strategy in Ukraine

2020 ◽  
Vol 10 (513) ◽  
pp. 111-117
Author(s):  
О. І. Miniailo ◽  
◽  
K. А. Zinchenko ◽  
Keyword(s):  
Regional Development ◽  
Development Strategy ◽  
The State ◽  
Public Authorities ◽  
Balanced Development ◽  
Administrative Functions ◽  
Negative Results ◽  
Regional Development Strategy ◽  
The Status ◽  
Decentralization Reform

The subject of the research is theoretical foundations and practical aspects of the State-based regional development in Ukraine, which is influenced by the process of decentralization. The article describes the status and characteristic tendencies of unification of regions of Ukraine. The problems of «duplication» of administrative functions of subjects of the State-based regional policy, as well as establishment of interaction of the State bodies with local self-government are considered. Negative results from delegation of powers to local public authorities and transfer of financial resources to city budgets are disclosed. The article researches reasons for the imbalance of regions and its consequences according to different indicators, as well as the mechanism of the State-based regulation of balanced development of regions. It is determined that the regional development strategy should solve the real problems of the functioning of amalgamated hromadas and effectively implement decentralization processes. The place of information policy in the system of making effective managerial decisions is defined. The authors substantiate the objective need to form a more practical strategy and its possible impact on the development of local units and the country in general. The instruments of public administration in the process of abuse of power at the regional level are examined. A number of top-priority problems are specified, which should be solved in the process of implementation of the decentralization reform. In particular, the issue of «local oligarchy», abuse and corruption in the context of decentralization of budgets are considered. According to the results of the research, promising directions for improving the regional development strategy for the effective functioning of the capacity of territorial hromadas for the purpose of social and economic development of society are defined.

scholarly journals Interpretation of Administrative Legal Norms Demonstrating Strong Relations with Civil Law Which Aim Environmental Protection

2013 ◽  
Vol 32 (1) ◽  
pp. 111-121
Author(s):  
Ewa Katarzyna ◽  
Marta Pietrzyk
Keyword(s):  
Environmental Protection ◽  
Legal Status ◽  
Civil Law ◽  
Administrative Law ◽  
Public Law ◽  
Public Authorities ◽  
Penetration Process ◽  
Clear Separation ◽  
Legal Norms ◽  
New Challenges

Abstract The penetration process of structures traditionally assigned to civil law into administrative law, especially administrative law aiming environmental protection, has been more noticeable through recent years. This process resulted in deepening the absence of a clear separation of private law norms from public law norms. It led to the existence of so-called quasi civil solutions, which can be found for example in the Act on prevention from damages in environment and its repair. Their specificity consists in the fact that they cannot be regarded as civil law structures due to the differences between them and the civil law structures. This legal status sets new challenges for legal theorists as well as practition- ers. They concentrate on interpretation of administrative law provisions which were penetrated by civil law structures, taking into account differences between interpretation of administrative and civil law provisions. We should not reject specific character of the civil law provisions’ interpretation and interpret these provisions only by taking into account specificity of administrative law inter- pretation. Civil law institutions are characterized by a larger field for action, which is left for parties or performers, in comparison to the institutions of ad- ministrative law. This specificity of civil law structures should be considered as its advantage that should not be removed in the activities of public authorities.

Religious Frames: Falun Gong in China

2019 ◽  
Author(s):  
Junpeng Li
Keyword(s):  
Communist Party ◽  
Chinese Communist Party ◽  
Legal Status ◽  
Central Government ◽  
Unintended Consequences ◽  
The State ◽  
Deep Penetration ◽  
Falun Gong ◽  
Differentiation Strategy ◽  
Physical Diseases

The crackdown on Falun Gong by the Chinese Communist Party demonstrates the unintended consequences of the deep penetration of politics into religious affairs in an authoritarian regime. Falun Gong emerged in China in the early 1990s as a state-sanctioned health practice, or qigong. Initially it focused on treating physical diseases and promoting general health, and therefore received recognition from the state, which has granted legal status to only the five institutional religions while relentlessly suppressing secret religious societies. Qigong, however, has contained spiritual elements since its inception. In the mid-1990s, Falun Gong began to reveal and highlight its spiritual teachings. While this differentiation strategy brought it a huge following, it sent alarming signals to the ruling Communist Party. As the state sought to curb its influences, Falun Gong responded with open defiance. In particular, its tenets of truthfulness, compassion, and forbearance encouraged the practitioners to launch a “truth clarification” campaign, targeting local political authorities and media outlets. The campaign achieved moderate initial success, but Falun Gong’s persistent and coordinated efforts to demonstrate its “apolitical” nature convinced the state that it was indeed a politically subversive force. Falun Gong’s political defiance culminated in a large, 13-hour sit-in protest near the central government compound in Beijing. Three months later, the state officially banned Falun Gong and mobilized its entire security and propaganda apparatus to eliminate Falun Gong in China.

scholarly journals 25 YEARS OF THE CONSTITUTION OF UKRAINE: RESULTS AND FURTHER PROSPECTS

2021 ◽  
pp. 68-73
Author(s):  
O. Martselyak
Keyword(s):  
Legal Status ◽  
State Building ◽  
The State ◽  
Governance System ◽  
Public Authorities ◽  
Scientific Methods ◽  
Legal Document ◽  
System Improvement ◽  
Law Making

The purpose of the article is to analyse the role of the Constitution of Ukraine in the state-building and law-making processes and to study the problem of necessity and directions of its improvement. The methodological basis of the work is a set of general and special scientific methods. It is based on the philosophical method of dialectics. Methods of recognition such as logic-semantic, system-structural, formal-legal, comparative-legal and other methods of recognition of processes and phenomena are used for the purpose of work. The article emphasizes that the adoption of the Constitution of Ukraine in 1996 marked an important stage of the national state building, which legally defined the transformational transition of Ukraine from totalitarianism to democracy. It is noted that the Constitution of Ukraine, as a legal act of supreme legal force, has been the legal basis for the formation of Ukraine as a democratic, legal and social state and has become a political and legal document of a programme character, which directed Ukrainian society and public authorities to appropriate democratic reforms in the field of the state-building and law-making processes. It is noted that a number of political, social, economic and legal factors put on the agenda the issue of constitutional reform in our country, which should aim at achieving the European level of socio-economic development, modernization of the existing governance system, improvement of public authority and the legal status of citizens.

scholarly journals STATUS OF THE STATE THEORY OF LOCAL SELF-GOVERNMENT IN THE WORLD DOCTRINE OF MUNICIPAL LAW

2020 ◽  
Vol 33 (20) ◽  
pp. 35-41
Author(s):  
V.V. Sukhonos
Keyword(s):  
State Government ◽  
Local Governments ◽  
Public Law ◽  
State Theory ◽  
The State ◽  
State Function ◽  
Public Authorities ◽  
Local Union ◽  
Rural And Urban ◽  
The Will

Representatives of the “free community” theory were among the first to draw attention to the issues of local self-government. In the early nineteenth century. Treasury, ie government officials, was responsible for the affairs and property of the communities. As a result, the community economy has been virtually destroyed to nothing. Therefore, there is a need for scientific substantiation of the need to limit the intervention of central executive bodies in the public system of the economy. This task was intended to be solved by the theory of “free community”, which argued that the right of the community to settle its affairs has the same inalienable character as human rights and freedoms since the community has historically emerged before a state that should respect the freedom of public administration. At the same time, the idea of the inalienability of community rights was sufficiently vulnerable, because, on the one hand, to justify the inalienability of the rights of large territorial self-governing units (departments, provinces, lands, or regions) created by the state was rather difficult and, on the other, to deny them. other types of self-government, except for small rural and urban communities, was rather strange because it did not correspond to the real state of affairs. That is why the social theory of self-government is beginning to emerge, which, as characteristic features of local self-government, has advanced the non-state and usually economic nature of the activity of local self-government bodies. However, the practice has proved that self-government bodies exercise not only private-legal but also public functions, that is, those that are inherent to public authorities, which derive their powers from the state. In addition, the impossibility of clearly separating community affairs from state affairs entrusted to the community was clarified. That is why the state theory of self-government arises. The basic principle of all legal theories was the recognition of the community, county, city, province, in general, any self-governing local union, as a body of public law. At the same time, all representatives of legal theories recognized that the competence of local self-government bodies is not their independent function, it is a state function, that is, transferred by the state to be performed by independent local communities. Therefore, all cases that are administered by local governments are state affairs. The state government itself sets the limits of its competence, entrusting part of its affairs to local self-governing communities and recognizing them as independent public-law corporations. Local self-government bodies, although performing public duties, are not bodies of the state but of independent self-governing unions of communities, possessing the will and independence of the state and independent entities of public law, independent of the will of the state power, because the power itself wants to make them legally independent. Keywords: local self-government; state theory of local self-government; the theory of «free community»; public theory of self-government.

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