scholarly journals OPPORTUNITIES FOR DIGITALIZATION OF TERRITORIAL COMMUNITIES AND SMART SPECIALIZATION OF THEIR DEVELOPMENT IN THE CONDITIONS OF DECENTRALIZATION REFORM IN UKRAINE

2021 ◽  
Vol 2021 (4) ◽  
pp. 68-87
Author(s):  
Iryna DULSKA ◽  
Keyword(s):  
Significant Proportion ◽  
Executive Power ◽  
Local Elections ◽  
Infrastructure Development ◽  
Digital Infrastructure ◽  
Natural Land ◽  
The Status ◽  
Territorial Structure ◽  
Decentralization Reform ◽  
Smart Specialization

The directions, levers of expansion of digitalization of spheres of activity of territorial communities and local self-government bodies in Ukraine, which in the conditions of reforms of decentralization and administrative-territorial system received a considerable volume of powers, considering available technological, institutional, financial preconditions, are investigated. The experience of local self-government bodies in expanding the range of application of digitalization of territorial communities for their smart specialization and finding sources of funding for digital infrastructure development projects is studied. Thus, a significant proportion of them plan to create e-registers of their resources (human (demographic), natural, land, real estate, business, recreational and tourist, etc.) for a number of reasons: i) as a result of administrative reform (consolidation of the district network) there is a need for redistribution between district councils of reorganized districts (490 units before) and consolidated newly created ones (136 units now); ii) decentralization reform continues with the redistribution of powers between local executive bodies and district councils and between them and the united territorial communities in the newly created districts; iii) the process of transformation of project territorial communities (1473 units) into united territorial communities by creating new ones or joining existing united territorial communities is still underway; iv) powers are redistributed between the new bodies of local self-government and territorial subdivisions of the central bodies of executive power within the framework of their transformation into bodies according to the type of prefectures (for control of observance of the legislation). Difficulties of succession of legal entities with the transfer of property, land exist due to the fact that new self-government bodies were created after the local elections of October 25, 2020, and legislation on succession has not been adopted (exists in the status of the draft Law of Ukraine), while changes to the Budget Code of Ukraine with the new administrative-territorial structure of Ukraine and the formation of new subjects of power at the level of united territorial communities have been introduced by law. The digitalization of the territorial communities is also particularly important during the COVID-19 pandemic, when sectors that meet the basic needs of modern man are moving online, minimizing the need to leave home to live, do business and be productive.

scholarly journals Decentralization of power in Ukraine in the conditions of the COVID-19

2021 ◽  
Vol 24 (1) ◽  
pp. 35-45
Author(s):  
Hennadiу Kryvchyk
Keyword(s):  
Social Order ◽  
Central Government ◽  
Local Elections ◽  
Political Issues ◽  
Large Cities ◽  
Regional Parties ◽  
The Social ◽  
Territorial Structure ◽  
The Face ◽  
Decentralization Reform

Decentralization and coronavirus - these are the two words that have recently been most often used in the information space of Ukraine. Therefore, the relevance of the topic of this article is twofold, as it stems from two current social and political issues addressed in the article - the fight against coronavirus and the fateful reform of decentralization of power for Ukraine. The purpose of the article is an objective analysis of the process of decentralization of power in the face of a serious challenge facing the Ukrainian state due to the coronavirus pandemic. The methodology of historical science is used for this purpose. The study is based on the principles of historicism, objectivity, specificity, systematics; analytical, descriptive methods were used in writing the article. The events of the final stage of the decentralization reform phase (2020) are considered, when the tasks of consolidation of districts, formation of a new administrative-territorial structure of the country, holding elections to new district councils and communities were solved. At the same time, all this was carried out in the context of the economic crisis, the coronavirus pandemic, the decline in the living standards of most people, and the decline in confidence in all branches of government. An important problem of decentralization of power has been the balance of state and regional interests, the establishment of interaction between the central government and local elites, mayors of large cities, whose role has increased due to anti-virus measures. An indicator of this was the successful performance in the local elections of regional parties and personally acting mayors. The novelty of the article is that it first considers the reform of decentralization of public administration in an unprecedented pandemic, which threatened the survival of large masses of people, the economy, the social order of Ukraine. Like most countries in the world.

scholarly journals TRANSFORMATION OF STATE GOVERNMENT IN UKRAINE

2020 ◽  
pp. 18-29
Author(s):  
Diana Kirika ◽  
Alla Bodnar
Keyword(s):  
Public Administration ◽  
State Government ◽  
Local Governments ◽  
Central Government ◽  
The State ◽  
Executive Power ◽  
Depth Analysis ◽  
Territorial Structure ◽  
Decentralization Reform ◽  
Democratic Transformation

The article discusses the principles of organization, functioning and interaction of the system of central executive bodies and local authorities, models of the distribution of powers and responsibilities between them. Attention is drawn to the essence of such interaction and the connection of these bodies with other facts and processes of public and state life is manifested. The search for ways to improve the legislation of Ukraine, in accordance with the standards of the Council of Europe, in the context of decentralization and local government reform, has been carried out. In particular, attention is drawn to problematic issues related to the fact that the citizens of Ukraine getting their own administrative centers with clearly defined territories can simultaneously destroy the decentralization reform, concentrating all the powers in the hands of the central government. In this regard, the issue of establishing territories of territorial communities cannot be the authority of a centralized executive power, that is, the Cabinet of Ministers of Ukraine. It should be determined by the legislative body – the Verkhovna Rada of Ukraine jointly with the local self-government bodies. Further re-organization of local state administrations into prefectural bodies, which will oversee the legality of certain community decisions, also needs in-depth analysis. The spheres of activity of the state are directly transformed into the spheres of public administration. Recognizing the leading idea of the self-government`s study, the authors do not negate the concept of “public administration”. The article proves that it is the democratic transformation of public administration that will enable modern local self-government institutions to be formed. In this context, the powers of local governments and executive authorities in their interaction are analyzed in detail. The powers are delegated by the state to local self-government bodies only at the level of the administrative-territorial structure at which it is possible and appropriate to exercise them. And legal acts of local governments, adopted in violation of the Constitution and legislation of Ukraine, must be stopped until the question of their legality is resolved.

Constitutional Features of the Federal Territory Status: Issues of Theory and Practice

2021 ◽  
Author(s):  
I.V. Zernov ◽  
Keyword(s):  
Public Law ◽  
Theory And Practice ◽  
Executive Power ◽  
Federal Law ◽  
Public Authorities ◽  
Legal Personality ◽  
Legal Literature ◽  
The Status ◽  
Territorial Structure ◽  
Definition Of

The article is devoted to the study of the federal territory organization constitutional and legal foundations. The article analyzes the constitutional acts of Russia on the issues of formation and functioning of the federal territory as a separate type of public law entities. It is established that in legal science there are different approaches to the definition of the concept «federal territory». In this connection the position of applying this term only in the political sense is justified. The author formulates the main characteristics of the federal territory as a public law entity, and examines the provisions of the Federal Law «On the Federal Territory "Sirius"», which defines the status, territorial structure, as well as the order of public power organization in the federal territory. It is indicated that the federal territory in Russia is a public law entity «with a special status», since public authorities are created and operate within its borders, with separate powers of federal, regional and municipal importance. Based on the results of the analysis of Russian legislation and legal literature, the content of the federal territory constitutional legal personality is shown, which has certain differences from other public legal entities (state subjects and municipalities).It is stated that the creation of federal territories is associated with the consistent implementation of the administrative reform stages aimed at improving the efficiency of the executive power in our country. In the study of the federal territory as a new constitutional and law institution, the author uses methods of analysis, synthesis, as well as formal legal, dialectical and systematic methods of scientific research, the combination of which made it possible to determine the constitutional and legal content of the federal territory as a new type of a public law entity.

Taking Care Against the Computer

2021 ◽  
pp. 1-27
Author(s):  
Simon McKenzie ◽  
Eve Massingham
Keyword(s):  
Artificial Intelligence ◽  
International Humanitarian Law ◽  
Electromagnetic Spectrum ◽  
Humanitarian Law ◽  
Military Operations ◽  
Modern Life ◽  
Military Installations ◽  
Digital Infrastructure ◽  
The Status ◽  
Taking Care

Abstract The obligations of international humanitarian law are not limited to the attacker; the defender is also required to take steps to protect civilians from harm. The requirement to take precautions against the effects of attack requires the defender to minimize the risk that civilians and civilian objects will be harmed by enemy military operations. At its most basic, it obliges defenders to locate military installations away from civilians. Furthermore, where appropriate, the status of objects should be clearly marked. It is – somewhat counterintuitively – about making it easier for the attacker to select lawful targets by making visible the distinction between civilian objects and military objectives. The increasing importance of digital infrastructure to modern life may make complying with these precautionary obligations more complicated. Maintaining separation between military and civilian networks is challenging as both operate using at least some of the same infrastructure, relying on the same cables, systems, and electromagnetic spectrum. In addition, the speed at which operations against digital infrastructure can occur increases the difficulty of complying with the obligation – particularly if such operations involve a degree of automation or the use of artificial intelligence (ai). This paper sets out the source and extent of the obligation to take precautions against hostile military operations and considers how they might apply to digital infrastructure. As well as clarifying the extent of the obligation, it applies the obligation to take precautions against hostile military operations to digital infrastructure, giving examples of where systems designers are taking these obligations into account, and other examples of where they must.

scholarly journals THE STATUS OF ENGINEERING GEOLOGY: CONSTRAINTS ON INFRASTRUCTURE DEVELOPMENT IN BANGLADESH

2018 ◽  
Author(s):  
Mir Fazlul Karim ◽  
◽  
Muhammad Qumrul Hassan ◽  
Nazrul I. Khandaker ◽  
Masud Ahmed ◽  
...  
Keyword(s):  
Engineering Geology ◽  
Infrastructure Development ◽  
The Status

scholarly journals Review of Solar Geoengineering for the Developing World: A Discourse on the State of Research and the Effects on Policy and Livelihoods for Africa

2021 ◽  
Vol 3 (1) ◽  
pp. 19-30
Author(s):  
Hosea Patrick
Keyword(s):  
Developing Economies ◽  
Significant Proportion ◽  
Ghg Emissions ◽  
Climate Science ◽  
Social Scientists ◽  
Course Of Action ◽  
The Status ◽  
Radiation Modification ◽  
Solar Geoengineering ◽  
State Of Research

The world is experiencing a rapid increase in the global average temperatures at an unprecedented level, primarily due to human activities. Global actors' and policymakers' inability to find an agreed upon course of action to curtail the looming effects of these increased temperatures is an issue of global environmental and human security concern. Solar geoengineering, also solar radiation modification (SRM), has been proposed in many quarters as an option to reducing global warming while finding other alternatives to GHG emissions. This paper provides a summary introduction to climate science on solar engineering for the social scientists and policymakers from the global south. The paper assesses the status, effects, and preparedness of developing economies, especially Africa, in adopting SRM policies and practices. It observes that the effects of SRM for Africa have not been adequately researched due to the dearth of research and experts on SRM, specifically for Africa. It concludes that the reliance of a significant proportion of developing societies on climate-sensitive livelihood options makes the implication of SRM a worthy consideration for research and policymakers.

scholarly journals Advances in the Identification of Circular RNAs and Research Into circRNAs in Human Diseases

2021 ◽  
Vol 12 ◽  
Author(s):  
Shihu Jiao ◽  
Song Wu ◽  
Shan Huang ◽  
Mingyang Liu ◽  
Bo Gao
Keyword(s):  
Neurological Disorders ◽  
Closed Loop ◽  
Significant Proportion ◽  
Human Diseases ◽  
Circular Rnas ◽  
The Status ◽  
Research Questions ◽  
Non Coding Rnas ◽  
Microrna Sponges

Circular RNAs (circRNAs) are a class of endogenous non-coding RNAs (ncRNAs) with a closed-loop structure that are mainly produced by variable processing of precursor mRNAs (pre-mRNAs). They are widely present in all eukaryotes and are very stable. Currently, circRNA studies have become a hotspot in RNA research. It has been reported that circRNAs constitute a significant proportion of transcript expression, and some are significantly more abundantly expressed than other transcripts. CircRNAs have regulatory roles in gene expression and critical biological functions in the development of organisms, such as acting as microRNA sponges or as endogenous RNAs and biomarkers. As such, they may have useful functions in the diagnosis and treatment of diseases. CircRNAs have been found to play an important role in the development of several diseases, including atherosclerosis, neurological disorders, diabetes, and cancer. In this paper, we review the status of circRNA research, describe circRNA-related databases and the identification of circRNAs, discuss the role of circRNAs in human diseases such as colon cancer, atherosclerosis, and gastric cancer, and identify remaining research questions related to circRNAs.

scholarly journals ON THE IMPLEMENTATION OF THE EXPERIENCE OF THE REGIONS OF RUSSIA IN CREATING MUNICIPAL DISTRICTS IN THE ADMINISTRATIVE AND TERRITORIAL STRUCTURE OF THE ALTAI REGION

2020 ◽  
pp. 81-89
Author(s):  
V.V. Mischenko ◽  
V.G. Lyakisheva ◽  
V.V. Yudina
Keyword(s):  
Economic Aspects ◽  
Rural Settlements ◽  
Federal Law ◽  
Municipal Administration ◽  
Altai Region ◽  
Tier System ◽  
The Status ◽  
Territorial Structure ◽  
The Russian Federation ◽  
Regions Of Russia

The topic of improving the system of state and municipal administration is always relevant. In 2020, the importance of reforming local self-government was emphasized during the discussion of amendments to the Constitution of the Russian Federation. Among the numerous changes regularly introduced to the basic federal law governing the organization of local self-government in Russia are the radical amendments of May 2014 and 2019 in terms of its territorial foundations. A number of regions have quite successfully switched to a single-tier system of local self-government, having completely eliminated the settlement level, or to a mixed one, when municipal districts with their rural settlements remain within the boundaries of the region, and as a result of the transformations of a number of districts and settlements, new municipal districts are created, or this occurs when urban districts are given the status of municipal ones. The authors made an attempt to systematize the experience of the regions that have already created municipal districts, and to project it onto the territory of the Altai Territory. In the course of the study, a number of legal, organizational, socio-economic aspects of the reform were analyzed, recommendations were developed to adapt both the authorities and the population to the upcoming transformations.

scholarly journals Returning Separation of Powers Analysis to its Normative Roots: The Constitutionality of Qui Tam Actions and Other Private Suits to Enforce Civil Penalties

2018 ◽  
Author(s):  
Peter M. Shane
Keyword(s):  
United States ◽  
Separation Of Powers ◽  
Executive Power ◽  
Environmental Services ◽  
Categorical Approach ◽  
The Earth ◽  
Executive Authority ◽  
The Status ◽  
Citizen Suits ◽  
As If

This paper examines the status of debates concerning the constitutionality of private suits to enforce civil fines in light of the Supreme Court's decisions in Vermont Agency of Natural Resources v. United States ex rel. Stevens and Friends of the Earth v. Laidlaw Environmental Services, as well as a pending Fifth Circuit decision in United States ex rel. Riley v. St. Luke's Episcopal Hospital. The two Supreme Court opinions have upheld qui tam and citizen suits against standing challenges, but have reserved the question of their constitutionality under Article II. The Riley panel opinion held qui tam actions to be unconstitutional under Article II, but the Fifth Circuit took the matter en banc on its own motion on the very day the opinion was published. (Subsequent to the publication of this article, the Fifth Circuit overturned the panel opinion and upheld the constitutionality of qui tam actions, Riley v. St. Luke's Episcopal Hosp., 252 F.3d 749 (5th Cir. 2001).) In the author's judgment, all such private suits to enforce civil fines are plainly constitutional under both Article II and Article III. That such suits appear to raise constitutional doubts is the consequence of missteps in the Supreme Court's implementation of separation of powers principles. The Court, led chiefly in this respect by Justice Scalia, has written often as if constitutionally vested executive authority guarantees the President plenary policy control over all federal civil administration, and as if the purpose of standing doctrine were largely to protect such executive authority from judicial interference. The author believes that the vesting of executive power is better understood as an effort to remove Congress from the business of administration. Standing rules, for their part, ought chiefly to be understood as protecting the judiciary from the dilution of judicial power that would come from the resolution of abstract or collusive litigation. The author explains why the Court should go back to requiring no more as a matter of standing doctrine than that a case be presented in an adversary context and in a manner historically viewed as capable of judicial resolution. The Court's injury, causality, and redressability inquiries should be abandoned in favor of a more straightforward questioning whether plaintiffs in federal lawsuits have constitutional or statutory causes of action to support their complaints. In Article II cases, the Court should adhere to the analytic framework of Morrison v. Olson, and abandon the more wooden and categorical approach to interpreting executive power that informs Justice Scalia's Morrison dissent and his alternative holding in Printz v. United States.

Governor-general and ruler of the viceroyalty in the system of the administrative and territorial structure of the Russian Empire in 1775–1796

2021 ◽  
pp. 151-157
Author(s):  
Ruslan N. Shutov
Keyword(s):  
Vertical Structure ◽  
Central Government ◽  
Main Type ◽  
Local Level ◽  
Executive Power ◽  
Division Of Powers ◽  
Russian State ◽  
Territorial Structure ◽  
The Russian Empire

The research is devoted to the study of the emergence and evolution of the institution of governorship. We consider the place and role, the specifics of the division of powers of the gover-nor-general and the ruler of the viceroyalty in the system of government of the Russian state in 1775–1796. Catherine II, from the beginning of her reign, made many efforts to strengthen the authority and power of the sovereign’s representative at local level – the governor. The governor-general and the governor were representatives of the central government and carried out its in-structions. In the newly created viceroyalties, the governor served as the direct ruler of the vice-royalty, and the role of the governor–general was to oversee the local administration and the com-munication between it and the central government. The inconsistency of the administrative and territorial reform led to the fact that one governor-general was appointed to several governorates, and the governor remained in each. The vertical structure of executive power built by Catherine II led to the high authority and quite successful activity of the governors. After becoming emperor, Paul I brought the reform carried out by Catherine II to its logical conclusion. During the reform of the governorate administration, the institution of the governor-general was abolished, and the governor became the main type of governor of the governorate.

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