Limiting the admissibility of the form of an administrative decision

Author(s):  
Jakub Szremski

The admissibility of applying an administrative decision will be limited if this procedural form cannot be used in certain situations – where the legislator has excluded the possibility of issuing an administrative decision and replaced it with other non-procedural activities – material and technical activities. This limitation will also occur in the case of the so-called administrative power shifted in time, where the individual with his substantive legal activity will shape his entitlement – without the necessity of imperious interference by public administration bodies.

2020 ◽  
Vol 2020 (10) ◽  
pp. 3-18
Author(s):  
Valeriy HEYETS ◽  

Self-realization of the individual in the conditions of using the policy of “social quality” as a modern tool of public administration in a transitional society is largely related to overcoming the existing limitations of the individual in acting in such a society and economy transitioning to a market character. Given that, in particular, in Ukraine the market is hybrid (and this is especially important), the existing limitations in self-realization of the individual must be overcome, including, and perhaps primarily, through transformations in the processes of socialization, which differ from European practices and institutions that ensure its implementation. Thus, it is a matter of overcoming not only and not so much the natural selfish interests of the individual, but the existing gap in skills, which are an invisible asset to ensure the endogenous nature of economic growth. It is shown that there is an inverse relationship between the formation of socialization and the policy of “social quality”, which is characterized by the dialectic of interaction between the individual and the group and which is a process of increasing the degree of socialization. The latter, due to interdependence, will serve to increase the effectiveness of interaction between the individual and the group, which expands the possibilities of self-realization of the individual in terms of European policy of “social quality” as a tool of public administration, whose successful application causes new challenges and content of the so-called secondary sociology. The logic of Ukraine's current development shows that new approaches are needed to achieve the social development goals set out in the Association Agreement between Ukraine and the European Union and to minimize the potential risks and threats that accompany current reforms in Ukrainian society. They should introduce new forms of public administration to create policy interrelationships of all dimensions, as proposed, in particular, by the social quality approach to socialization, the nature of which has been revealed in the author's previous publications. As a result, the socio-cultural (social) dimension will fundamentally change, the structure of which must include the transformational processes of socialization of a person, thanks to which they will learn the basics of life in the new social reality and intensify their social and economic interaction on the basis of self-realization, thereby contributing to the success of state policy of social quality and achieving stable socio-economic development.


Author(s):  
Oleh Ivanovich Rohulskyi

The article describes the main components of the institutional framework of an archetypical approach to public administration. It is determined that the system of preparation of public servants is based on a chain of universal foundations of archetype, in particular, it is influenced by the principle of formation of personnel in the public service, formed on the basis of public opinion. Based on two basic principles relating to admission to public service, three basic models of training civil servants in the European country are defined: German. French and Anglo-Saxon. We analyze each of the models and define the archetypes that influenced their formation and development. The advantages of each model are determined, in particular, the benefits are: the German model of training managers is the balancing between the theoretical knowledge and practical skills that a public servant receives during training, but as a disadvantage one can distinguish the orientation of preparation for legal orientation, which limits the ability to hold managerial positions for many employees The French model of professional training of public servants should include a well-balanced understanding of tasks, namely: decentralization and territorial organization of public services, communication, support of territorial communities, in-depth knowledge and understanding of the need for cooperation with institutions of the European Commonwealth, high-quality human resource management and orientation towards environmentally friendly innovations, such a model of training of public servants is holistic, costly and effective; The Anglo-Saxon model of training of public servants is its orientation towards the implementation of the concept of public administration and the individual approach to employee training, taking into account all the specifics of its activities, providing for the formation of personnel capable of solving specific problems. It is concluded that today in most European countries dominated by mixed models that include elements of different models.


2021 ◽  
Vol 19 (2) ◽  
pp. 264-299
Author(s):  
Valerii P. CHICHKANOV ◽  
Aleksandra V. VASIL'EVA

Subject. This article analyzes the effectiveness of public administration in the social sphere. Objectives. The article aims to standardize the decision-making process for managing the region's social development through statistical analysis techniques. Methods. For the study, we used correlation and cluster analyses. Results. The article highlights weaknesses in the development of the social sphere and assesses the relationship between the individual areas of its development, and the effectiveness of its financing. It offers algorithms that take into account the patterns of social development and the specifics of certain types of economic activity. Conclusions. The results obtained were used to develop algorithms to optimize the development of the social sphere at the regional level. The socio-economic differentiation of the Russian Federation subjects in a number of regions requires an analysis of the specifics of the development of the social sphere of the region under consideration and adjustments to the proposed algorithms.


2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Marina Rúbia Mendonça Lôbo De Carvalho ◽  
Andressa Guimarães Freire

<p>Os atos, condutas e comportamentos do Poder Público gozam de presunção de legitimidade, gerando, em diversas situações, expectativas nos indivíduos. Pode o Estado, no uso de suas prorrogativas, violar aquelas expectativas, causando efeitos negativos à ordem econômica, por despertarem desconfiança e instabilidade nas relações com o Poder Público. Delimitada a ênfase do presente trabalho à função administrativa do Estado, visou-se compreender o princípio da proteção da confiança como instrumento de tutela da expectativa legítima do indivíduo, por impor limites à Administração Pública na anulação de atos administrativos. Nessa situação, viu-se que referido princípio pode conflitar com a legalidade e a autotutela, sendo o caso de se buscar um juízo de ponderação, que resultará na manutenção do ato ou na sua anulação, esta podendo ser com efeitos <em>ex tunc</em>, com efeitos <em>ex nunc</em> ou com a modulação temporal dos efeitos para um determinado momento futuro.</p><p> </p><p>The acts, practices and behaviors of the Public Power in the exercise of legitimation, can generate, in several situations, expectations in individuals. The Estate, in use of its prerogatives, can breach expectations, generating a negative economic response, lack of confidence and instability in its relations. Thus, the principle of protection defends the preservations of these state acts, which effects extend in time, giving the individual an expectation of continuity, even if they are illegal or unconstitutional. Delimiting the emphasis of the present work on the administrative function of the State, it was intended to understand the principle of the protection of trust as an instrument to protect the legitimate expectation of the individual, for imposing limits to the Public Administration in the annulment of administrative acts. In this situation, it was seen that this principle may conflict with legality and self-assessment, being the case of seeking a weighing judgment, which will result in the maintenance of the act or its annulment, this being possible with the temporal modulation of the effects for a certain future moment.</p><p> </p><p> </p>


2016 ◽  
Vol 9 (20) ◽  
pp. 81-88
Author(s):  
Mariia Rubtcova ◽  
Oleg Pavenkov ◽  
Vladimir Pavenkov

The introduction of bilingual programs for future bureaucrats turned out to be a great challenge. In Russia this is one of the “classic” areas, in which the spirit of conservatism and collectivism prevails. In this area, the idea of teaching in English may be perceived with hatred: English can invade the closed area communication of offi cials, to make the excessive diversity of their contacts and violate patriotism and national identity. We used a cognitive map approach. It allows us to create diff erent kinds of cognitive maps and teaching materials for university students who need to learn in one course the terminology in both languages. The results show that the study of the subject/course in English is not harmful to the development of professional Russian language. It was confi rmed by the individual discussion in Russian. At the same time, the skills of reading articles in English were signifi cantly improved.


2020 ◽  
Vol 4 (12) ◽  
pp. 109-113
Author(s):  
A. E. BIRYUKOV ◽  

The article analyzes the problems that arise in the process of formation and development of personnel policy in modern Russian conditions on the basis of data from a sociological study on topical problems of public administration development in the Russian Federation. The article is devoted to the substantiation of the sociological analysis of the professionalization of the individual, the process of becoming a professional.


Author(s):  
Joseph Heath

This chapter begins with a series of examples that illustrate the power wielded by unelected state officials. This power includes not only discretion but also control over the policy process, as well as the ability to bring pressure to bear upon elected officials. The exercise of this administrative power, far from being an imperfection in the system, contributes a great deal to the quality of public decision-making. But it raises a difficult normative question concerning how unelected officials can wield power in a way that is consistent with the commitment to political neutrality of the permanent civil service and to the more general principles of democratic legitimacy that govern liberal-democratic states. A contrast is drawn between this position and the one defended by Pierre Rosanvallon.


2021 ◽  
Vol 5 (43) ◽  
Author(s):  
D. Pavlenko

Theoretical and methodological substantiation of the relevance of professional training of future specialists in public administration, characterized the structure of professional competence of future specialists in public administration in the system triad of qualities in the components - personal as the ability to perform process-technological functions, personalized-intellectual, systematizing professional special oriented academic components of competence, business in the specialty, which is mutually consistent with the psychological and physiological characteristics of the individual and personified by the classification characteristics of their own ability to work in the criteria; the definition of "public administration specialist" is formulated in the author's interpretation.Key words: professional training, public administration specialist, professional competence, theoretical and methodological aspects, structure, relevance.


2013 ◽  
Vol 3 (1) ◽  
pp. 30-37
Author(s):  
Andreja Kvas ◽  
Janko Seljak

Introduction: New, up-to-date approaches to professionalism presuppose the formation of a nursing team in such a way that relationships are not based on classical hierarchical relationships between superiors and subordinates but on relationships of interdependence and acknowledgment of the role the individual plays in the team. The objective of this article is to present the competences required by nurses in top organizational leadership positions from two viewpoints: as seen by nurses in top leadership positions and as seen by nurses in subordinate positions.Methods: A descriptive research method using a questionnaire as the measuring instrument was used. The questionnaire was based on the competence model of leadership in public administration in Slovenia and was tested on various professional groups.Results: Statistically signifi cant differences were observed with regard to the majority of competences between nurses in top leadership positions and nurses in non-leadership positions. Therefore, the views regarding what competences nurses in leadership positions should have substantially differed within theprofessional group.Conclusions: The fi rst conclusion is therefore that education on leadership on both the theoretical and practical levels must be introduced into undergraduate study programmes of health colleges. With the help of factor analysis we formed fi ve subgroups within the professional group of nurses: three subgroups within the group of nurses in leadership positions and two subgroups within the group of nurses in nonleadershippositions. A special education programme should be prepared for each of these subgroups.


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