scholarly journals Corruption Counteraction in the Mechanism of Federal Public Administration: Federal and Inter-Regional Levels

Author(s):  
Konstantin Ishekov ◽  
Konstantin Cherkasov ◽  
Yulia Malevanova

Current anti-corruption legislation is characterized by a lack of concentration and unity of legislative acts that regulate the work of public authorities and administration at the federal and inter-regional levels. The Federal Law «On Counteracting Corruption» has a framework nature and does not meet all the challenges of preventing and counteracting corruption that the Russian state now faces. Thus, the relevance of this study is obvious. The goal of the authors is to determine the key trends and means of systematizing legislation that regulates the anti-corruption activities of the state. Having analyzed a vast massive of normative legal acts on counteracting corruption at the federal and inter-regional levels as well as international experience, the authors conclude that it is necessary to amend the Federal Law «On Counteracting Corruption» by, among other things, systematizing the norms that regulate the corresponding sphere of state activities. The authors express their confidence that the effectiveness of legislation on counteracting corruption could considerably improve with the «package» principle of streamlining legislation and the introduction of a basic normative legal act — the Law on Counteracting Corruption, then changing the acts that are not in line with it and developing other normative documents to specify it. The use of a systemic approach to counteracting corruption also requires the revision and improvement of some clauses of the National Strategy of Counteracting Corruption which should incorporate the analysis of the situation with the anti-corruption policy of the state, the assessment of the effectiveness of the existing system, monitoring and audit, as well as the instruments of the anti-corruption policy. The paper also presents the authors’ position on the development and upgrading of the legal basis of organizing the public authorities and administrations at the central and inter-regional levels that regulates the specification and optimization of determining and delimiting jurisdictions in the sphere of counteracting corruption. The authors conclude that at present it is not advisable to organize a separate special corruption counteraction body in Russia because the conditions necessary for its establishment are lacking.

Author(s):  
K. Blishchuk

Problem setting. Public finances, as a particular type of relations in the economic system, are aimed at ensuring the exercise of social interests. Therefore, managerial functions and their efficiency in this sphere are of great importance, as the success of all management activities of the State depends on their effectiveness. The search for strategic horizons able to ensure the success of managerial actions in the public finance sphere, the consolidation of strategic priorities for its development is crucial issues for the progress of the Ukrainian State on the path of progressive transformations.Recent research and publications analysis. Management of state finances is a subject of research of many scientists. In particular, R. Balakin, V. Kudriashov, S. Hasanov, O. Dluhopolskyi, T. Yefymenko, O. Kyrylenko, S. Klimova, H. Kotina, I. Malyi, O. Moldovan, and others dealt with these issues. The analysis of their publications allows us to define future ways for developing and reforming the system of state finances. At the same time, the concept of public finances versus state ones is much broader. Therefore, it requires a deeper and more detailed approach for substantiation of ways and strategies for improving the management of public finances in current conditions.Highlighting previously unsettled parts of the general problem. The article aims to substantiate the development of strategies for improving the management of public finances, taking into account modern challenges and development of the Ukrainian State, based on the research of peculiarities of the existing strategies for public finance management, analysis of the problems related to the distribution and redistribution of state funds. Paper main body. The sphere of public finances is regulated by a number of normative documents that define strategic directions for its development. First of all, we should mention the Public Administration Reform Strategy of Ukraine for the period up to 2021, which aims to improve public administration, including the system of state finance management. The Cabinet of Ministers of Ukraine approved the Public Administration Reform Strategy of Ukraine for 2022-2025 and adopted the Action Plan for its implementation. This normative document accentuates ensuring the construction of a capable service and digital State in Ukraine, which safeguards citizens’ interests on the basis of European standards and experience. The peculiarities of public finance management in the system of public administration, its aim and objectives, were determined in the Public Finance Management Reform Strategy for 2017-2020, approved by the Resolution of the Cabinet of Ministers of Ukraine. However, the goals set in it need further consolidation. It necessitates the adoption of the Public Finance Management Reform Strategy for 2021-2025. The preparation of its final stage was negotiated at the meeting of the Sectoral Working Group on Public Finance Management of the Ministry of Finance of Ukraine in May 2021. A brief overview of the documents that define the strategies for the development of relations in the system of public finances and public administration, in general, gives grounds to assert that there is sufficient normative support in this area in the context of its strategic development. However, a number of problems remained unsolved during the implementation of provisions of the abovementioned strategies. Nowadays, there is a need in Ukraine to improve the management of public finances, especially in the use of budget funds, to perfect functional responsibilities of public authorities, and to search for new strategic approaches to the use of public sector financial resources to ensure the sustainable development of the national economy.One of the crucial directions for solving these problems is the introduction and implementation of the Strategy for the Development of the Public Finance Management System of Ukraine, which should become an effective tool for regulating relations in the public finance sphere and a means of influencing the consistency and effectiveness of reforms in it.It is necessary to adopt a medium-term Fiscal Consolidation Strategy based on the predominance of reducing spending over increasing revenues of the State. The Strategy should be adopted in terms of state budget execution, taking into account fiscal efficiency.In the conditions of growing informatization of the society, automation of all processes, and digitalization of the economy, it is necessary to form a Strategy for automation of the system of public finance management, which should become an effective tool for ensuring the improvement of the investigated sphere.All strategies for improving public finance management should be based on the principles of transparency of public authorities, stability and sustainability of the budget in the long run, budgeting effectiveness, fairness and efficiency of the system of inter-budget relations, consolidation of the budget process. The active use of the latest information technologies leading to the improvement of financial management and coordination of managerial activities of public authorities should accompany the implementation of strategies. Conclusions of the research. In the system of public finances, there is a sufficient number of normative documents that determine strategic directions for its development. However, mostly all of them regulate the peculiarities of the functioning of the sphere of state finances, while public finances is a broader concept than the state ones. Therefore, this shortcoming, along with the objective need to search ways for further development of the sphere of public finances, taking into account current realities, necessitates the development and adoption of a number of strategies that will determine directions for the improvement of public finance management.


Author(s):  
A. Lipentsev ◽  
O. Voytyk ◽  
N. Maziy

Problem setting. The system of public administration is a complex set of related elements and entities that interact with each other, so the manifestation of negative corruption minimizes the possibility of achieving positive results in the process of these communications. Special attention should be paid to the functioning of the customs system, which is an important part of the national economy of Ukraine. In this area, corruption abuses are extremely pronounced, given the peculiarities of the customs industry. This problem is acute and urgent, as its existence causes the progression of those negative phenomena that are currently present in the customs system of Ukraine and reduce the effectiveness of public administration in general.Recent research and publications analysis. The issue of corruption in the context of public administration is the subject of research by many scientists: V. Averyanov, O. Antonova, V. Bashtannyk, Y. Bytyak, I. Borodin, A. Vasyliev, I. Golosnichenko, E. Dodin, L. Koval, V. Kolpakov, A. Komzyuk, N. Lypovska, V. Olefir, O. Ostapenko, I. Pakhomov, O. Petrenko, S. Seryogin, I. Khozhylo, V. Shamray, H. Yarmaki etc. Given the wide range of researchers who study the specifics of corruption in the context of public administration, it is worth noting the significant gaps in the assessment of this issue from a sectoral perspective. In particular, it should be noted the great need to study corruption in customs and find ways to minimize this shameful phenomenon in modern conditions.Highlighting previously unsettled parts of the general problem. The need to analyze corruption processes in the customs authorities and substantiate offers for anti-corruption actions in the field of public administration led to the choice of the topic of the article.Paper main body. Corruption in the general sense can be defined as the illegal activity of persons called to perform the functions of the state, in the form of misuse of their powers in order to obtain benefits by increasing their material wealth, obtaining illegal services or benefits.Global trends indicate the presence of corruption in all countries, so this issue is a priority in solving all spheres of life, both developed and developing countries. In particular, public administration of European countries in the political, informational, institutional and legal context is aimed at combating corruption. To this end, there are such institutions common to EU countries as Greco, the Venice Commission, Olaf, Eurojust, Europol and others. At the interstate level, they coordinate and provide information and analytical support for anti-corruption measures, develop common legal standards in the form of community regulations.In the field of public administration, there is a sufficient legal resource on the basis of which it is possible to ensure anti-corruption policy in the state and, in particular, in the customs sphere. However, the customs system is characterized by a wide range of unresolved issues related to corruption abuses. Accordingly, there is a need to develop offers for overcoming and preventing corruption: development and implementation in the practice of customs authorities of methodological recommendations relating to their employees and aimed at resolving conflicts related to corruption; observance by customs officers of relevant ethical norms, which must harmonize with anti-corruption activities; effective application of responsibility to those guilty of corruption and comprehensive implementation of measures aimed at combating corruption; clear identification of those responsible for corruption in areas where there is a high risk of such abuses; regulation of procedures aimed at preventing corruption of customs officers in the performance of their official duties.Anti-corruption in customs authorities in the context of ensuring the effectiveness of public administration should include the implementation of the following measures: development of conceptual foundations of anti-corruption policy in the customs sphere; adopt a Code of Ethics for Customs Officers in accordance with the needs of anti-corruption policy; effective implementation of the principle of equality before the law in the context of reducing corruption; ensuring equal responsibility for corrupt actions not only for individuals but also for legal entities; ensure the absence of immunity from corrupt practices for officials, including senior executives; delimit the powers of bodies engaged in anti-corruption activities; to intensify the public to combat corruption; wide informing of the public about cases of corruption in customs bodies.Conclusions of the research and prospects for further studies. The problem of corruption in public authorities is a long-standing and painful issue in Ukraine. This problem is especially acute in the activities of customs authorities, as their activities are directly related to foreign economic activity, significant flows of goods and flows of financial resources across the customs border of the state. In turn, this is a direct threat to the country’s national security. Given the fact that Ukraine ranks relatively low in global rankings on the existence of corruption abuses, it is necessary to take decisive measures to reduce the manifestations of this phenomenon, in particular, in the customs authorities.


2017 ◽  
Vol 2 (2) ◽  
pp. 285-292
Author(s):  
Yevhen Akeksandrovych Romanenko ◽  
Volodymyr Nikolaevich Kozakov ◽  
Iryna Vіtalіivna Chaplay

For many years, Ukraine is not entirely able to reverse the dangerous tendencies of growing distrust of the public to the activities of state authorities. In particular, the promises of public authorities regarding the improvement and development of information and communication technologies that are used both in the activities of state authorities, in narrow circles of specialists, and in everyday life of ordinary people are not fully fulfilled. The state-civil communicative network is one of the main directions of stimulating economic growth, employment, expansion of competition and, as a result, contributing to overcoming "digital isolation", both social and geographic. Without the state-civilian communicative network it is virtually impossible to execute management decisions, to make feedback and to correct the goals and stages of the activity of state authorities.


Author(s):  
Sergii Boltivets ◽  
Olena Halushko

The main result of the study is a systematic analysis of the peculiarities of legal and political institutionalization of public associations in Ukraine, ways of increasing the effectiveness of regulation of the activities of public associations in Ukraine by means of institutional support, institutional capacity of which is the result of their interaction with the state. This is manifested in the ability of public associations to perform their functions in providing social services in areas that are legally and normatively defined by the state. The evaluation of the effectiveness of relations between civil society actors, the form of institutional support for the activities of associations of children and young people on a public-legal basis, necessary for the effective use of the potential of different types of public associations, as well as optimal ways to increase the effectiveness of institutional support for public associations in implemented youth and social projects. The institutionalization of the process of interaction of public authorities with public organizations and their associations is highlighted in the context of consolidation of the organizational and legal rules of their relations, the conditions of their partnership cooperation in various spheres of socio-political and socio-economic life of the country. Institutionalization is revealed as the legitimization of the foundations of the interaction of these institutions, that is, the recognition of their interaction is legitimate and expedient for the majority of the population, whose interests are the institutions of civil society. The forms of institutional support for the activities of associations of children and youth are presented, which directly determine institutional support instruments, which can be either direct or indirect. The presented results of the conducted research testify to the necessity of further development of civil society on the basis of cooperation between state authorities and the public. An indispensable condition for such interaction is the formation of an appropriate mechanism of public administration, in which a system of social and legal norms, methods for defining purposes and a legal basis for the management process in this direction are identified. The prospects for further research in this direction are envisaged, which include the development of proposals for improving the structure of state bodies - elements of the system for ensuring interaction between authorities and the public, improving the coordination of their activities. Keywords: institutional support, youth policy, public associations, public administration, partnership cooperation.


2021 ◽  
Vol 18 (2) ◽  
pp. 192-203
Author(s):  
М. N. Kobzar-Frolova

The entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation and the qualitative changes that were made to the text of the latter led to legislative activity. Laws were adopted, reflecting the changes made to the text of the Constitution, and containing new and / or little-studied terms, concepts, phenomena. Special attention of scientists and researchers was attracted by the Federal Law “On the State Council of the Russian Federation”, which came into force in December 2020, which for the first time legalized such terms as “public power”, “unified system of public power”, etc. The position is also of interest, expressed in the conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020 No. 1-З in connection with the request of the President of the Russian Federation. It became necessary to give explanations and Author’s comments on the positive law of the country caused by these novelties. The term “public authority” is not a novelty for Russian legal science, but it has not been widely studied, and in connection with legislative changes it acquires new qualities, characteristics that need explanation and justification. The legislator provides an extensive definition of these terms. This makes it necessary to comprehend their essence, highlight the main elements of the public power system and demonstrate their political and legal ties, as well as the forms of interaction that take place in the public law regulation of relations between the subjects (elements) of a unified system of public power. Purpose: to investigate the essence of the concepts of “public power”, “unified system of public power”, to identify the characteristic features of the concept of “unified system of public power”. Among the main tasks: to show the political and legal ties and forms of interaction that arise between the subjects (elements) of a single system of public authority. Methods: logical, analytical, comparative legal, dialectical methods, allowing to reveal the essence, internal connections and the ratio of concepts enshrined in the federal law “On the State Council of the Russian Federation”, to reveal the features of a unified system of public authority. Results: state authorities are listed that correspond to the characteristics specified by the legislator, political and legal ties and forms of interaction that arise between the subjects (elements) of a unified system of public authority are identified, conclusions corresponding to the study are drawn.


2021 ◽  
Vol 10 (1) ◽  
pp. 168-178
Author(s):  
E.N. SELIUTINA ◽  
◽  
V.A. KHOLODOV ◽  

The purpose of the article is to consider the history of the public administration system development in Russia via various aspects and features. The analysis and accounting of Russian historical expe-rience in building the integral system of state incentives in the context of the management vertical formation is very relevant today. The article presents the author's approach to the state incentives consideration in the context of the state awards institution, taking into account legal and technical regulation of this process in various regulatory legal acts. The purpose of the article is to consider the genesis of the state awards institution and its formalization in regulatory legal acts in the context of public administration functioning. The subject of the study is the Russian state awards system and the system of normative acts regulating the award mechanism, both considered in historical retro-spect. The authors summarize that the institute of state incentives as a mechanism of public admin-istration is in permanent development and, today, it is designed for stimulating state-significant activi-ties in various fields, and the award mechanism, having passed a long evolutionary period, is cur-rently regulated by a number of specialized regulatory legal acts of the federal and regional levels.


Author(s):  
Yevgeny Victorovich Romat ◽  
Yury Volodimirovich Havrilechko

The article is devoted to research of theoretical problems of the concepts of the subject and object of public marketing. The definitions of these concepts are considered in the article, the evolution of their development is studied. The article provides an analysis of the main approaches to the notion of subjects and objects of public marketing, their relationship and role in the processes of public marketing. The authors proposes concrete approaches to their systematization. These approaches allow us to identify specific types of public marketing and their main characteristics. Relying on the analysis of the concept of “subject of public (state) management”, it is concluded that as bodies of state marketing, most often act as executive bodies of state power. In this case, the following levels of marketing subjects in the system of public administration are allocated: the highest level of executive power; Branch central bodies of executive power; Local government bodies; Separate government agencies. It is noted that the diversity of subjects of public marketing is explained, first of all, by the dependence on the tasks of the state and municipal government, the possibilities of introducing the marketing concept of these subjects and certain characteristics of the said objects of state marketing. It is noted that the concept of “subject of public marketing” is not always the identical notion of “subject of public administration”. First, not all public authorities are subjects of state marketing. In some cases, this is not appropriate, for example, in the activities of the Ministry of Defense of Ukraine or the Ministry of Internal Affairs of Ukraine. Secondly, state marketing is just one of many alternative management concepts, which is not always the most effective in the public administration system.


Babel ◽  
2015 ◽  
Vol 61 (2) ◽  
pp. 283-303 ◽  
Author(s):  
Lily Lim ◽  
Kwok Ying Loi

Slogans play an important role in conveying information to targeted audiences, and the translation of slogans tends to be studied under the rubric of public-notice translation. Previous research mainly uses researchers’ expertise to evaluate the quality of this type of translation. Yet, little is known about what the targeted readers think about the translation, although their opinions present key information that helps to determine whether the translation has achieved the intended effect. This paper elicits and systematically analyzes readers’ responses. We investigate the case of Macao, a rapidly growing economy where the demand for English translation has markedly increased in recent decades. Public administration bodies in Macao have commissioned Chinese-to-English translation in varied areas such as tourism, social security and welfare, cultural and sports events. We sampled ten translated slogans that were used in the public sector, and administered survey questionnaires (n=130) to both source-text and target-text readers. The two groups of readers’ evaluations, based on the criteria of fluency, conciseness, persuasiveness and mnemonic effect, reveal that the translations are perceived significantly less favorably than the originals are. Readers most strongly disliked word-for-word translations, and pointed out numerous problems with the translations such as ungrammaticality, inappropriate word use, lack of appeal, and unintelligibility due to insufficient background knowledge. This research demonstrates the tangible value of using readers’ responses to evaluate translation quality. It also has implications for translator training, and recommends that public authorities should institute a rigorous quality assurance system.


2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.


Author(s):  
N. Kalashnyk

Problem setting. The COVID-19 pandemic, global quarantine, quarantine restrictions created the conditions for society to react quickly. Digital technologies are now being used more intensively, and the public administration sector is no exception. At the same time, the country's development requires systematic strategic and tactical decisions that will accelerate the introduction of modern digital technologies in all spheres of Ukrainian society, also forming and implementation of public policy at various levels of government. The analysis of recent researches and publications. Problems of digital society are studied by such Ukrainian scientists as O. Klepanchuk, O. Petryk, S. Lisovsky, S. Romanyuk, L. Rudenko (the emphasis – achieving by Ukraine the goals of sustainable development, where the development of the digital society is considered as one of the tools); issues of implementation of e-government and e-democracy are studied by A. Emelyanova, S. Loboyko, O. Maevska, A. Semenchenko, V. Dreshpak; research on the implementation of public policy in a particular area, including in the field of justice and the provision of administrative services, are among the research interests of Y. Starylov, J. Sobko, I. Markvych and others. Among foreign researchers, these issues are being investigated by C. Emmanuelli, N. Jain, N. Maechler, D. Malfara etc. Highlighting previously unsettled parts of the general problem: the main contradictions, trends, problems and prospects for the provision of digital public services, based on the conditions created by the COVID-19 pandemic, namely – the application of quarantine restrictions; influence of digitalization on the public policy forming in Ukraine. Paper main body. The article analyzes the problems inherent in modern Ukrainian society in connection with the rapid digitalization processes, that have taken place over the past year. The influence of digitalization on the forming and implementation of public policy is considered on the example of the activity of the Ministry of justice of Ukraine. Based on the results of a survey of civil servants and local government officials conducted by the author, the main trends, problems and prospects for providing public services online are identified. 2020 turned out to be the crisis year for all mankind on the one hand, and on the other hand – it encouraged the rapid development of certain industries, including the field of digital transformation. In public administration, this has been embodied in promoting the use of digital services and governance platforms. In the direction of forming and implementation of justice state policy main efforts are aimed at building online interaction between citizens and the state, reducing the number of paper documents, more efficient administration of open state registers, ensuring control at each step of citizens' appeals, reducing corruption risks. minimization of the human factor in the processes of providing administrative services. The author conducted the survey among students of the Lviv Regional Institute for Public Administration of the National Academy for Public Administration under the President of Ukraine on the provision of administrative services online. 66 applicants from eight regions of Ukraine were involved in the survey. The question was asked: what hinders the development of administrative services online? Among the answers, the most common are (in order from most popular to least): low technical literacy of service consumers; technical unpreparedness of networks;  unpreparedness of the citizens; unpreparedness of officials; insecurity of the information processed; lack of habit to use online;   distrust to the state. Conclusions of the research and prospects for further studies. Contradictions of the digital society development in Ukraine include: the digital divide (the gap in the level of digital equipment); technological unemployment; digital dependence and digital control; digital opportunities for crime; unlimited digital space and its content; the need for large-scale efforts and resources to address the digital space, and needs will only increase; unavailability of information created by bodies-not information managers; form of obtaining information, information is created or obtained in a form unsuitable for machine processing; method of information processing – non-interoperability of data sets from different managers. Among the factors that will determine digitalization processes on the public policy forming in Ukraine, we consider: increasing the technical literacy of service consumers; improving the technical readiness of networks; work with the population to promote the tools of consumption of administrative services online; training of officials to work in the digital space; taking measures to protect information held by the authorities; forming the habit of using online in the field of forming and implementation the public policy; increasing the level of trust to the state.


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