scholarly journals The Foreign experience of compensation of damage caused by a subject of public administration to a private person and the possibility of its use in Ukraine .

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-15
Author(s):  
Revista Dixi ◽  
Vasyl Yakovych Nastyuk ◽  
Vita Tkachenko ◽  
Alla Koval ◽  
Svitlana Martseliak

This article carries out an analysis and a comparison of successful experience of foreign countries on compensation of the damage caused by the subject of public administration to the private person, and possibilities of its use in Ukraine are defined. It is pointed out that in order to achieve the effective functioning of the public administration system, which would respect all fundamental rights, freedoms and legitimate interests of individuals, Ukraine needs to pay attention to the state of affairs in this area in Western Europe and North America. Emphasis is placed on the fact that only a state that properly complies with the legislation related to the protection of individuals, in the performance of public administration tasks and responsibilities of public administration, can create and maintain a high level of economic development and social welfare. In particular, this applies to the legal norms of national and international law, which in one way or another regulate the procedures for compensation (or compensation) to individuals by the state (its representative bodies), in the case when the first damage or damage from the state is related to public administration. The author’s definitions of the terms “public administration”, “compensation” and “methods of compensation” are offered. In addition, the systems of functioning of such a state and public institution as a mechanism of state compensation for damage caused to individuals are studied and compared, and the impact of the quality of functioning of such a mechanism on the overall efficiency of the state system is analyzed.

Justicia ◽  
2021 ◽  
Vol 26 (40) ◽  
pp. 3-10
Author(s):  
Vitalii Oleksandrovych Serohin ◽  
Yuliia Anatoliivna Melikhova ◽  
Mark Mykolayovych Voronov ◽  
Maryna Volodymyrivna Romanenko

The analysis and comparison of successful experience of foreign countries on compensation of the damage caused by the subject of public administration to the private person is carried out, possibilities of its use in Ukraine are defined. It is pointed out that in order to achieve the effective functioning of the public administration system, which would respect all fundamental rights, freedoms and legitimate interests of individuals, Ukraine needs to pay attention to the state of affairs in this area in Western Europe and North America. Emphasis is placed on the fact that only a state that properly complies with the legislation related to the protection of individuals in the performance of public administration tasks and responsibilities of public administration, can create and maintain a high level of economic development and social welfare. In particular, this applies to the legal norms of national and international law, which in one way or another regulate the procedures for compensation (or compensation) to individuals by the state (its representative bodies) in the case when the first damage or damage from the state, related to public administration. The author's definitions of the terms "public administration", "compensation" and "methods of compensation" are offered. In addition, the systems of functioning of such a state and public institution as a mechanism of state compensation for damage caused to individuals are studied and compared, and the impact of the quality of functioning of such a mechanism on the overall efficiency of the state system is analyzed.


Author(s):  
Stanisław Mazur

In the early 1990s, the Central and Eastern European countries (CEE countries) saw the collapse of communist regimes and an unprecedented political and economic transformation that resulted in the establishment of democratic, law-governed states and market economies. Administrative reforms, which became an important milestone in this transformation, were considerably influenced both by administrative legacies predominant in the countries and by the Europeanization processes associated with their accession to the European Union. The administrative legacies, which combine elements of various traditions (e.g., German, Napoleonic, and Anglo-American) are still strongly affected by what is left of the communist era. Conversely, the impact of Europeanization processes on public administrations in CEE countries has proved to be much weaker than initially expected. The process of building a professional and apolitical civil service in CEE countries has been plagued by discontinuity and inconsistency, owing to the specific administrative culture of the region, the weakening pressure to modernize EU institutions, and the consequences of the 2008 financial crisis, as well as growing populist tendencies in the region. All these factors encouraged the belief that political control over public administration needs to be tightened in order for the effectiveness and quality of governance mechanisms to be improved. The quality of governance and public management varies widely across the CEE countries. What they have in common—at least to some extent—is the fairly high dynamics of change, including the reversal of the effects of previously implemented reforms. The latter factor may be interpreted as a search for country-specific reform paths, partly due to disappointment with the values and models prevailing in Western Europe, and somewhat as a consequence of growing populist tendencies in the region.


2020 ◽  
Vol 21 (6) ◽  
pp. 1228-1256
Author(s):  
Malthe Hilal-Harvald

AbstractMultiple laws and regulations in Western Europe have been enacted on the premise that headscarves and face veils constitute an existential threat to the constitutional identity of the respective legal systems. Thus, the logic of militant democracy as a justification for restricting fundamental rights have been applied in order to restrict the freedom to manifest one’s religion. Yet, the politicymakers claiming to defend the constitutional identity through militant democracy have not been able to prove the existence of a concrete, imminent threat against the state from the women who wear headscarves or face veils. Nonetheless, the European judiciaries have taken the political claim at face value and allowed the restrictions without compelling the political decision-makers to provide substantive justifications. Thus, the cases of headscarves and face veils offer a prism, through which we can study fundamental paradoxes of liberal democracy and constitutionalism.


2017 ◽  
Vol 62 (05) ◽  
pp. 1039-1057 ◽  
Author(s):  
MUHAMMAD TARIQ MAJEED

This paper empirically investigates the impact of Foreign Direct Investment (FDI) on inequality using a panel data set of 65 developing counties. While the existing literature mainly examines the impact of FDI on growth, this study explores the importance of domestic conditions of the host countries in determining the distributional effects of FDI. The results show that the impact of FDI is not homogenous on host countries as FDI inflows exert inequality-narrowing effect only in countries that have stronger investment in human capital, better financial sector and a high level of economic development. While FDI accentuates not ameliorates inequality in countries with low level of economic development, findings of the study are robust to the use of different specifications, different estimation methods, inclusion of regional effects and time specific effects.


Author(s):  
Emilia MISZEWSKA ◽  
Maciej NIEDOSTATKIEWICZ ◽  
Radosław WIŚNIEWSKI

The popularity of Floating Homes in Western Europe and North America is noticeable. The interest in these facilities in Poland is also constantly growing. The popularity of Floating Homes is due to climate change, rising land prices and population density in city centers. However, environmental factors play a significant role in their development. The publication presents the results of research on the impact of environmental factors on the development of Floating Homes in Poland. As part of the research, the most important environmental factors were identified and then, using the State of the Surroundings Scenarios (SSS) method, an initial scenario of their development was developed. The most probable scenario was developed, the purpose of which was to identify the most favorable factors - strengths and unfavorable factors - weaknesses responsible for the development opportunities of Floating Homes in Poland. Additionally, a surprise scenario was prepared, which indicated factors that may unexpectedly accelerate the development of Floating Homes in Poland or slow it down.


Author(s):  
N. V. Shishkina ◽  
E. A. Mamistova ◽  
T. V. Sabetova

This paper tackles the economic impacts of COVID-19 pandemic on the labor markets and human capital. Specifically, it looks into the issues the pandemic brought upon the human resources and personnel during coronavirus lockdowns. The high level of globalization characteristic of the modern economy has only exacerbated the negative impact of the pandemic. At the moment, it remains impossible to assess the qualitative and quantitative parameters of the damage caused to the economies of countries and regions by this event. However, it is possible to identify the main directions of analysis of the consequences of the pandemic, including in terms of the impact on the state of the labor market, which was the main goal of this study. In particular, the authors highlight a number of consequences, the work on overcoming which is still to be done by the Russian socio-economic system. The most obvious of them is the growth of unemployment, the release of part of the employed and the reduction in the number of jobs, and this is observed extremely unevenly across the sectors of the economy. Nevertheless, the authors point out that the problem of staff release is aggravated by the size of the share of informal employment in the labor market, especially in the sectors of public catering, leisure and tourism that have been most affected by the pandemic. As the second important problem, the authors point to ineffective staff reduction, the dismissal of useful and valuable employees of some organizations while maintaining an unnecessarily bloated staff of others. It also mentions the reasons and forms of staff retention, some of which, being either forced or economically and technologically attractive, give rise to additional problems. The authors call an important social consequence of the pandemic a reduction in the number and level of personal contacts in society, in particular, in working groups. As a result, the author's vision of the long-term consequences of current events for the state of the labor market, employment of the population and the economy as a whole is proposed.)


Author(s):  
Yuliia Romanovska ◽  
Lily Strapachuk

The article considers the approaches to the interpretation of the category "shadow economy", which causes a variety of approaches to assessing the impact of the shadow economy on the socio-economic development of Ukraine. The spread of the pandemic and the complication of economic conditions, formed as a result of the introduction of forced restrictive measures, have led to the growth of the shadow economy in Ukraine. The index of shadowing of the economic sphere in relation to the inflation index and the level of the state budget deficit has been studied. The factors that led to the shadowing of the economy and caused the growth of the share of the shadow sector in the economy of Ukraine are highlighted. The main components of shadow employment are identified. Business entities operating in the shadow sector have significantly more competitive advantages and much higher efficiency than legally operating businesses. As a result, such enterprises are an obstacle to the flow of funds to the budgets of all levels of the country, and as a consequence, have a negative impact on socio-economic development in general. In recent years, state budget expenditures have been growing too slowly, which indicates a high level of shadowing of the economy in conditions of high inflation and, consequently, negatively affects the socio-economic security of society. Budget expenditures are closely linked to public policy, which allows the state to curb the level of economic shadowing through measures to reform relevant areas. It is investigated that the State budget expenditures grow too slowly, which indicates a high level of shadowing of the economy in conditions of high inflation. The paper substantiates the reasons for the growth of the shadow economy and identifies the main measures to reduce shadow employment, the manifestations of which are the deformation of social and economic institutions of the state. The de-shadowing of the economy provides citizens with the right to social protection, in the form of social guarantees in case of unemployment, temporary incapacity for work, accidents or occupational diseases during official work, pensions, etc.


Accounting ◽  
2021 ◽  
pp. 855-864 ◽  
Author(s):  
Ruslan Lupak ◽  
Ruslan Boiko ◽  
Marta Kunytska-Iliash ◽  
Taras Vasyltsiv

The need to improve public administration of import dependency was characterized (in the example of Ukraine) and the signs of its influence and interconnection with ensuring the state’s economic security are characterized. The methodological sequence of import dependency evaluation is substantiated. Using Hotelling’s method of transformation (the method of principal components), the multiplicative form is presented and the integral index of import dependency of the country’s economy is calculated. Harrington’s interval scale is used to summarize the results of the integral evaluation of import dependency. The results of the evaluation have confirmed the high level of import dependency of the Ukrainian economy and clear tendencies for its strengthening, which is critically threatening to the country’s economic security. Using the tool of multivariate dynamic regression modeling, a statistically significant correlation between the level of import dependency and the country’s economic security is established. The economic and mathematical descriptive model of state management of the state’s economic security is formed, which is embedded in a methodical approach to strategizing the state policy of import substitution. The purpose of the state management of import substitution, the parameters of ensuring the country’s economic security agreed with it, the strategic priorities of the state policy of import substitution and the indicators of their implementation are determined.


2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.


Author(s):  
Igor L. Sazonets ◽  
Igor G. Hanin ◽  
Мichael V. Ryabokon ◽  
Yuriy V. Pikalov

The goal of this study is to identify the most efficient practices in exercising the digital public administration in the context of implementing the innovative potential of national economy. This goal was achieved through highlighting the distinctions and peculiarities of Social Credit System as China’s administration model. The study determines the impact of Social Credit System on economic and social indicators of China’s economy. The authors assessed the efficiency of Social Credit System based on the indicators of the countries, which had the alternative approaches to digital public administration and were characterized by a high level of application of digital technology to monitor the economic processes. This paper provides evidence that the Chinese system of digital administration has its own advantages in implementing the innovative potential of national economy as it highly impedes the increase in corruption. However, this system is inefficient in ensuring market transparency.


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