scholarly journals ON THE ISSUE OF STATE SUPPORT AND PUBLIC ADMINISTRATION IN AGRICULTURAL LAW OF UKRAINE

2020 ◽  
pp. 18-23
Author(s):  
M. Kopytsia
Keyword(s):  
Public Administration ◽  
Comparative Method ◽  
The State ◽  
Government Support ◽  
Structural Method ◽  
The European Union ◽  
State Support ◽  
National Legislation ◽  
Agrarian Sector ◽  
Legal Method

The course of European integration chosen by the state and the further accession of Ukraine to the European Union requires, in turn, the reform of national legislation and the system of authorities, as well as a review of the state's role in the life of public relations, including agrarian ones. In this regard, there is a need to carry out agrarian reform of Ukraine, the main purpose and task of which is to ensure the activity of the national commodity producer, to bring the agrarian sector of Ukraine to the international level, as well as to strengthen the position of Ukrainian products in the world market. However, without the proper involvement of the state, achieving these goals is virtually impossible. That is why the role of the state in ensuring the development of the agro-industrial sector is crucial. At the same time, the state should not interfere in agribusiness, and it is obliged to create only favorable environment for business entities. In this case, it is important to ensure the proper public administration of agrarian legal relations, which in turn creates the need to study the nature of public administration, the purpose and mechanisms of implementation, as well as legislative regulation. At the same time, considerable attention needs to be paid to the study of state support for agriculture, which in recent years has been the main type of state participation in the field of agriculture. Public administration and direct government support for agriculture create the right conditions for agribusiness development, including the opportunity for small and medium-sized businesses to develop. The article explores the concepts of public administration and state support for agriculture, defines their purpose and content. The comparative legal characterization of public administration and state support has been carried out separately, and it has been established that these are different legal categories, but interrelated and interdependent. It is determined that the national legislation of Ukraine does not have definitions of the studied concepts, and therefore one of the directions of reforming the national legislation should be its updating by fixing the concept of public administration, methods, principles of its implementation, etc. The purpose of the study is to compare state support and public administration in agrarian law of Ukraine, to determine common and different characteristics, to establish methods of implementation of state support and public administration, to study the experience of foreign countries on state support and public administration of agricultural producers. The object of the study is the legal relations that arise between the state and other subjects of agrarian legal relations regarding the implementation of public administration and state support of the agrarian sector. The methodological basis of scientific research is represented by the following methods: the method of legal analysis, comparative method, the structural method, the formal legal method. Keywords: public administration, state support, state aid, public administration, agrarian relations, public authorities.

scholarly journals PUBLIC ADMINISTRATION INSTRUMENTS FOR OF ACQUISITION OF THE RIGHT TO PROVIDE ELECTRONIC TRUST SERVICES

2019 ◽  
pp. 5-9
Author(s):  
N. Bilotserkovets
Keyword(s):  
Public Administration ◽  
The State ◽  
The European Union ◽  
Administrative Procedure ◽  
Legal Method ◽  
The Status ◽  
National Bank ◽  
Administrative Procedures ◽  
The Right ◽  
Regulatory Powers

The purpose of the article is to analyse the peculiarities of the use of public administration instruments for the acquisition of the status of qualified electronic trust services providers by private individuals, as well as to identify the shortcomings of these instruments application by public administration bodies. The author aims to develop proposals for bringing relative administrative procedures in accordance with the acquis communautaire. The author applies methods and techniques of logic. Thus, the method of analysis is used to identify those tools that are used specifically in the legal relationship for providing electronic trust services. The author also uses the comparative legal method to analyse the foreign experience of using public administration tools during administrative procedures for obtaining the right to provide trust services. The results of the study gives a possibility to outline the system of public administration tools used in the area of the acquisition by legal entities the right to provide the qualified electronic trusted services. Among such tools, the author identifies administrative acts, administrative contracts and acts of commission. It has also been established that the Ministry of Justice of Ukraine and the National Bank of Ukraine as the national regulatory bodies in this sphere are entitled to make decisions on the registration of a person in the Trustee list. Whereas certain technical powers in this administrative procedure are assigned to the State Service for Special Communications and Information Protection of Ukraine. The author comes to a conclusion that the system of public administration institutions in the area of providing trust services in Ukraine doesn't comply with the principles of constructing a system of such entities in the European Union. The author proposes to implement institutional and functional reforms through depriving the Ministry Justice of Ukraine and the National Bank of Ukraine of their regulatory powers for the adoption of administrative acts aimed at the execution of a private person's right to provide electronic trust services and delegating these powers exclusively to the State Special Communications Service of Ukraine.

scholarly journals INVESTMENTS IN THE DEVELOPMENT OF INNOVATIVE MANAGEMENT IN THE COMPANY

2018 ◽  
Vol 4 (4) ◽  
pp. 87-92
Author(s):  
Natalia Germanjuk
Keyword(s):  
Direct Action ◽  
The State ◽  
Government Support ◽  
Innovation Activity ◽  
State Support ◽  
Positive Direction ◽  
Innovation Activities ◽  
Innovative Management ◽  
The Subject ◽  
The Innovative Management

The subject of research. This article determines that in conditions of global transformational processes, the sphere of innovation activity becomes of particular importance in the economy of advanced countries. Its development provides socio-economic growth of local companies and a state, in general, requiring significant financial resources. Consequently, the subject of this study is the management of innovation activities at the enterprise with the achievement of maximum effectiveness, as well as the identification of interconnection between innovations and investments. Methodology. Conducted research shows, the condition of development of domestic technologies is unsatisfactory: Ukraine occupies the last place among European countries. Innovative activity is associated with investments, whose government support in our country is rather small in the context of the state’s GDP. Content analysis is carried out on materials of works of domestic and foreign scientists using information from Ukrainian legislation and statistical data provided by experts. In the process of preparing the paper, the following general scientific methods of research are used: logical analysis, observation, formalization, synthesis, abstraction. The purpose of a study is to analyse the nature of the innovation activity of companies, to establish its unbiased relationship with investment processes in order to identify areas for improving the innovation and investment situation in Ukraine. Important is to substantiate the expediency of improving the innovative management of Ukrainian enterprises in the focus of implementation of new projects by finding the necessary sources of financing. As a result – effective management of the company is capable of satisfying consumer demands and increase profits. Conclusions. Thus, the analysis of the relationship between innovations and investments has shown that the situation in Ukraine is characterized by a deficit of state support in the investment and innovation sector, and difficulties in attracting finance. The latter is directly related to the political situation, instability, the lack of clear legislative rules of direct action, as well as insignificant pay for the work of inventors. At the same time, the positive direction of innovation development in Ukraine is the tendency to increase venture companies (with the use of foreign experience), which directly provides investment in the latest local finds. Improving the investment and innovation situation in Ukraine is possible by creating a set of incentives for attracting investment, further investing in human capital, raising wages for researchers; growth of inflow of foreign investments; providing tangible state support to enterprises and more favourable lending conditions for them, etc. It is important to ensure transparency of legislation, to perfect the conditions of functioning of business space and the state of market infrastructure, to take measures to improve the state of the environment.

scholarly journals Protection of the subsoil of the continental shelf of Ukraine by international and national instrumentalities

2021 ◽  
pp. 186-190
Author(s):  
V. V. Chumak ◽  
O. O. Khan ◽  
I. V. Bryhadyr ◽  
K. V. Kysylova
Keyword(s):  
Continental Shelf ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Structural Method ◽  
Legal Norms ◽  
Foreign Companies ◽  
Legal Method ◽  
Legislative Changes ◽  
State Protection

Purpose. Identification of international and national mechanisms for protection of the subsoil of the continental shelf of Ukraine and provision of scientifically sound recommendations for improving the legal regulation of their application. Methodology. During the study, the dialectical method was used to learn the essence of such a phenomenon as the protection of the subsoil of the continental shelf; the system-structural method when analyzing objective and subjective features of the crime under Part 2 of Art. 244 of the Criminal Code of Ukraine; the comparative-and-legal method in the study on the sanction of Part 2 of Art. 244 of the Criminal Code of Ukraine; the logical and dogmatic method when developing recommendations for improving legal norms. Findings. As a result of the study, mechanisms of protection of the continental shelf of Ukraine were determined. The necessity of improvement of the legislative base regulating the order of their realization is proved. Originality. The international legal and national mechanisms of state protection of the continental shelf of Ukraine are determined. In order to improve the state protection of the continental shelf, legislative changes to Part 1 of Art. 26 of the Subsoil Code of Ukraine, Part 2 of Art. 244 of the Criminal Code of Ukraine and Part 2 of Art. 216 of the Criminal Procedure Code of Ukraine are suggested. Practical value. Proposals to improve the current legislation of Ukraine are presented aimed at improving the efficiency of the State Service of Geology and Subsoil of Ukraine, the National Police, the Security Service of Ukraine and the judiciary to protect the subsoil of the continental shelf of Ukraine from illegal use by foreign companies.

Preservative or Transformative? Theorizing the U.K. Constitution Using Comparative Method

2020 ◽  
Vol 68 (2) ◽  
pp. 412-440
Author(s):  
Jo Eric Khushal Murkens
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Comparative Method ◽  
The State ◽  
Power Sharing ◽  
The European Union ◽  
Multilevel Systems ◽  
The United Kingdom ◽  
Comparative Constitutional Law ◽  
The Stability

Abstract The complexities of the United Kingdom’s decision to withdraw from the European Union while simultaneously honoring its prior commitments to its decentralized, autonomous, and constituent regions have put constitutional questions back on the map. The dominant approach analyzes these questions premised on the “preservative” view of the constitution. This view prioritizes the stability and continuity of the institutions in Westminster (Parliament) and Whitehall (central executive). However, the preservative view of the constitution is theoretically and practically deficient as it cannot give an account of the multipolar and decentralized developments of the past twenty years. Another interpretation regards the legal and political changes to the constitution as “transformative.” This view accentuates the fragility of the U.K. constitution due to a plurality of constitutional rules and the ongoing processes of devolution of powers within multilevel systems of government. This Article discusses that evolution of the U.K. constitution through the prism of comparative constitutional law and its appropriate methodology. The preservative model of the constitution favors a universalist method, whereas the transformative model requires a contextualist method. I argue that the experience of supranational (European Union) and infranational (devolution) power sharing has fundamentally altered the United Kingdom’s central constitutional concepts. To stabilize its fragmentary forces, the United Kingdom needs to adopt concepts that reflect the state as divided, the constitution as transitional, sovereignty as an attribute of the state rather than Parliament, and democracy as conflicted. Nothing less than the future of the United Kingdom as a state is at stake.

scholarly journals Formation and implementation of the State Policy in the sphere of European integration of Ukraine: problems and contradictions

2019 ◽  
pp. 90-96
Author(s):  
Valerii Rieznikov
Keyword(s):  
European Integration ◽  
Public Administration ◽  
State Policy ◽  
Social Issues ◽  
The State ◽  
Successful Implementation ◽  
The European Union ◽  
Administration System ◽  
Ukrainian Society ◽  
The Eu

The purpose of the article is to identify the problems and contradictions of the state policy in the sphere of European integration of Ukraine and to justify the ways of overcoming them in the current conditions. The main internal problem that hinders the European integration course of Ukraine, experts consider, first of all, inefficiency of the public administration system – insufficient level of competence of civil servants, excessive bureaucracy, unreformed and corrupt public administration system. The top five major internal problems also include: the situation in the Donbas (including both armed conflict and public sentiment), high levels of corruption in Ukrainian society, ineffective policy of informing the population about European integration, lack of consensus in the political and social issues. The opinion that aggression, pressure and all-out hindrance from Russia will be a major external challenge for Ukraine’s European course, is shared by all experts interviewed. Among the major external obstacles, experts also cite internal problems of the EU itself, opposition or waiting position on the part of some EU members who do not want to break their ties with Russia, as well as the lack of a unified position in the European Union regarding the European perspective of Ukraine and the EU enlargement in general. Experts consider that the most effective factor contributing to the increase of the support of European integration in Ukrainian society is the successful implementation of internal reforms and the positive effect of ordinary citizens on them. In today’s context, Ukraine’s accession to the EU remains a goal for which it is active in political, legal, economic and other spheres. Conclusions from this research and perspectives of future development in current area. At the present stage of social development the process of forming and implementing effective and effective state policy in the field of European integration is of particular importance. Ukraine’s accession to the EU is a long-term issue, which depends on both the effectiveness of internal reforms and the transformation processes in the EU. However, Ukraine already needs to insist on giving it a formal EU membership perspective.

scholarly journals Development of recommendations to provide grants for beginning farmers

2019 ◽  
Vol 81 (1) ◽  
pp. 329-336
Author(s):  
V. A. Kozlov ◽  
O. A. Frolova ◽  
Y. A. Yukhlina
Keyword(s):  
Rural Areas ◽  
Business Plan ◽  
The State ◽  
Agricultural Products ◽  
Government Support ◽  
State Support ◽  
Agricultural Producers ◽  
State Budget ◽  
Abstract Logic ◽  
Beginning Farmers

In view of their features, as well as the low level of production, agricultural producers need government support. It stands out in different directions according to the state program. At the same time, there is support to novice farmers in the form of grants from the state, the purpose of which is to help develop business in any branch of agriculture: in breeding horses, cows, sheep, goats, pigs, poultry, growing potatoes, grain crops, vegetables in the open and closed ground, fruits and berries, fishing, beekeeping. Grants are provided to persons registered as an individual entrepreneur for at least a year who have a business plan for expanding or modernizing the economy. Support is provided 1 time, for 10 years. Assistance to novice farmers is provided in two main areas: the creation (development) of the economy 1.5–3.0 million rubles; help for the device of life up to 250 thousand rubles. The purpose of the study is to examine the theoretical aspects of state support, analysis of assistance to novice farmers, as well as the development of recommendations for the provision of grants. The article uses abstract logic and design methods. Analyzed the activities of agriculture at the federal and regional levels. The concept of “state support for agriculture” was clarified and supplemented: state budget funds aimed at developing the industry and rural areas in certain areas; direct increase in their profitability, through the production of necessary agricultural products; the main criterion for which remains the effectiveness of the use of this support. The state farmer beginner state support program has been improved, recommendations on introducing changes to this program have been developed.

scholarly journals FACTORS HINDERING PUBLIC ADMINISTRATION REFORM AND EU ACCESSION: CASE STUDY OF BOSNIA AND HERZEGOVINA

2021 ◽  
Vol 14 (2/2020) ◽  
pp. 79-98
Author(s):  
Sara Rajic
Keyword(s):  
Public Administration ◽  
Bosnia And Herzegovina ◽  
Political Elite ◽  
The European Union ◽  
Peace Agreement ◽  
Post Conflict ◽  
Legal Method ◽  
Public Administration Reform ◽  
The Government

Public administration represents operations and practice of the government through management, administration and implementation of government policies having in mind public interests and the society as a whole. However, analysis of the political system and public administration in Bosnia and Herzegovina (BIH) reveals that this definition is rather “modified” when it comes to the mentioned country. Even though public administration reform is one of the priorities for BIH, the reasons why it has not been more successful are post-conflict reconstruction and state building, unique political organisation as a result of a peace agreement, veto mechanisms and ethnic quotas which makes the consensus harder to achieve and delays adoption of important strategies. Even though political elite in BIH is committed to public administration reform and the key reform institutions have been established there is a lack of necessary knowledge and skills, competences and most importantly, political will. However, public administration reform definitely represents one of the key conditions for the future of BIH and its accession to the European Union (EU). Undoubtedly, public administration reform is a complex reform, and in this paper, the focus is on the case study of BIH by identifying its key issues on the way to the EU membership. This paper is based on analytical method with an explorative and descriptive purpose, comparative legal method, literature review method, and finally, synthesis of results, combined with professional insight and conclusions.

scholarly journals Private vs. Public Principles in the Regulation of Physical Culture and Sports Relations

2021 ◽  
Vol 2021 (3) ◽  
pp. 251-258
Author(s):  
Ekaterina Kovalenko ◽  
Nadezhda Tydykova
Keyword(s):  
Criminal Liability ◽  
The State ◽  
Physical Culture ◽  
Structural Method ◽  
Modern Theory ◽  
Sports Law ◽  
Public And Private ◽  
Private Partnership ◽  
Legal Method ◽  
Private And Public

The research objective was to find the optimal ratio of private and public principles in the regulation of physical culture and sports relations. The authors used the method of induction to analyze the general approaches to the essence of private and public principles in the modern theory of law. At the present stage, their optimal balance is necessary. The systemic-structural method made it possible to present private and public aspects through their specific manifestations, i.e. institutions of responsibility, control, and partnership. The methods of critical analysis were used to question some of the official positions regarding the institution of public and private partnership and the strengthening of criminal liability. The comparative legal method demonstrated the similarities between the ongoing processes in the sports law abroad and in Russia. The public principles in the regulation of sports relations need to be expanded by expanding the scope of social functions of the state. Some specific cases provided a positive assessment of the increase in the private law mechanisms in terms of the relative autonomy of various sports and the development of the institution of public and private partnership. An appropriate legislative framework would guarantee the rights and legitimate interests of private investors and help the state to achieve socially significant goals. The research results can expand the scientific understanding of sports law and serve as material for lawmaking. Thus, the balance of private and public principles in the regulation of physical culture and sports relations is in the shift of the role of the state from control towards the expansion of obligations to implement its social function. However, the expanding scope of private methods, which is natural for this stage, requires restrictions.

scholarly journals Modern condition of state support of agriculture of the Vologda region

2019 ◽  
pp. 23-31 ◽  
Author(s):  
S. S. Patrakova
Keyword(s):  
Rural Areas ◽  
The State ◽  
Government Support ◽  
State Support ◽  
Agricultural Producers ◽  
Agricultural Equipment ◽  
Vologda Region ◽  
Russian Economy ◽  
Modern Condition ◽  
Work And Life

Currently, agriculture is one of the priority sectors of the Russian economy. In view of the requirements for quality, quantity of products and the presence of specific features of business activities, agricultural producers need government support. The aim of the work was to assess the state support provided for agriculture in Russia, regions of the European North of Russia, and mainly in the Vologda region. It has been proposed, when providing state support, to take into account such areas as the formation of a comfortable environment for work and life in rural areas in order to attract personnel to the industry; in order to consolidate the actions of the state and business, it was proposed to organize “round tables” with the participation of persons interested in the development of the industry; Also of interest is the development of a system for acquiring agricultural equipment on the terms of leasing, hiring, and rating due to the poor state of the material and technical base.

scholarly journals Theoretical and Applied Aspects of Public Governance in the Field of Tourism in the Conditions of Adaptation to EU Standards

2021 ◽  
pp. 113-119
Author(s):  
Nataliia HRABAR ◽  
Nelli LEONENKO
Keyword(s):  
European Union ◽  
Public Administration ◽  
Rule Of Law ◽  
National Level ◽  
State Regulation ◽  
The State ◽  
Market Model ◽  
The European Union ◽  
The Rule Of Law ◽  
State Management

The article is devoted to the study of public administration in the field of tourism in terms of adaptation to the standards of the European Union. Emphasis placed on the fact that the state of domestic policy in the field of tourism does not meet modern world standards of industry management at the state level. In connection with the transition from a planned to a market model of state development in the last two decades, there have been clear problems that prevent the full use of the tourist and recreational potential of Ukraine. On the one hand, the underdevelopment of domestic tourism correlates with the general problems of political, social and economic nature inherent in developing countries at a certain stage of their development. On the other hand — the lack of the necessary methodological framework and lack of methodological developments for state regulation of tourism correlates with the impossibility of practical application of tourism laws, tourism development programs and the formation of tourism regulation structures at the national level, which directly and indirectly affect the adaptation of Ukrainian legislation and state-management activities in accordance with the standards of the European Union. Based on the results of doctrinal and comprehensive research, it concluded that in the context of promoting the gradual convergence of domestic and European public administration environment, strengthening economic and trade relations that will lead to Ukraine’s gradual integration into the EU internal market, expanding cooperation based on the rule of law and respect for the rule of law. Human rights and fundamental freedoms, the sphere of tourism occupies one of the key aspects not only at the national level but also at the international level. At the same time, in the context of adaptation of domestic legislation and public administration to EU standards, it is advisable to develop a methodology and action plan aimed at implementing the holistic guidelines and principles enshrined at the European level.

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