scholarly journals THE INSTITUTE OF COUNSELOR IN THE DOMESTIC SYSTEM OF PUBLIC SERVICE: THE STATE AND PROBLEMS OF LEGAL FIXING

2021 ◽  
pp. 106-112
Author(s):  
O. Pronevych
Keyword(s):  
Public Service ◽  
Best Management Practices ◽  
Local Governments ◽  
Management Practices ◽  
Legal Framework ◽  
The State ◽  
Public Authorities ◽  
Legal Personality ◽  
Social Mission ◽  
The Right

The article is devoted to understanding the specifics of the social mission and the state of legal consolidation of the administrative legal personality of councilors in public authorities and local governments. It is emphasized that the problem of selection of candidates for the positions of advisers to the heads of public authorities is the subject of lively discussion, as a rather controversial collective image of the adviser has formed in the public consciousness. This is due to his belonging to officials who hold a particularly responsible position and perform official duties in the presence of a high level of corruption risks. It is established that the commitment of candidates for advisers is carried out in the context of providing scientific support for the formation and implementation of public policy, implementation of best management practices, finding optimal management and legal algorithms for resolving conflicts, improving the quality of management decisions. The urgent need to improve the domestic service legislation by adopting a special law on patronage service in order to unify the legal framework for the organization and operation of patronage services. First of all, it is necessary to normatively enshrine the right of specific public authorities to establish a patronage service, to provide an exhaustive list of patronage service positions for each of these bodies, to provide the right of equal access to patronage service, to introduce a single mechanism for selection and appointment of patronage service employees. professional achievements and personal business qualities, to differentiate their powers depending on the specifics of public authority of individual officials, which create patronage services. There is also a need to specify the functions, main tasks and powers of advisers to heads of public authorities, articulation of basic qualification requirements for candidates for advisers, clear definition of legal bases of interaction of advisers with career civil servants and communication with civil society institutions, articulation of moral and ethical imperatives. official activity of advisers. Keywords: public service, patronage service, adviser in state authorities and local self-government bodies, staff adviser, advisor on a voluntary basis.

scholarly journals The Legal Framework for the Promotion and Protection of Human Rights in Cameroon by Non-Governmental Organisations

2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Framework ◽  
The State ◽  
African Countries ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Organisations ◽  
Protection Of Human Rights ◽  
The Right

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.

scholarly journals Рeculiarities of legal regulation of tax authorities of public authorities in Ukraine

2021 ◽  
Vol 1 (1) ◽  
pp. 332-337
Author(s):  
Elvira Sydorova
Keyword(s):  
Local Governments ◽  
Direct Consequence ◽  
Legal Regulation ◽  
The State ◽  
The Body ◽  
Public Authorities ◽  
Legal Personality ◽  
General Competence ◽  
Ministry Of Finance ◽  
Functional Purpose

The article reveals the peculiarities of the legal regulation of tax powers of public authorities in Ukraine. It is noted that the tax legal personality of the state is a direct consequence of the implementation of the public territorial entity's own tax sovereignty. It is emphasized that one of the main classification criteria for the division of public authorities with tax powers is the functional purpose and nature of the body. On the grounds of functional purpose and the nature of powers in the field of taxation, the investigated bodies are divided into: 1) bodies of general competence (Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, local representative bodies); 2) bodies of special competence with the presence of part of the functions in the field of taxation (Ministry of Finance of Ukraine, State Treasury Service of Ukraine); 3) bodies of special tax competence (State Fiscal Service of Ukraine as a controlling body in the field of taxation). The content and structure of tax powers are considered. It is emphasized that the main distinguishing feature of the ratio of tax competence and tax powers is the possibility of delegating part of the powers, while the competence is not subject to delegation. Based on the analysis of the current legislation of Ukraine, the tax powers of public authorities and local governments are considered. The rights and responsibilities in the tax sphere of the Verkhovna Rada of Ukraine, the State Fiscal Service of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Finance of Ukraine, the State Treasury Service of Ukraine, local councils are covered. In order to prevent violation of the principle of tax stability in the adoption of laws on taxes and fees, the Law of Ukraine "On the Rules of Procedure of the Verkhovna Rada of Ukraine" should provide for the implementation of laws defining taxes, fees and their elements. It is the direct duty of the parliament to strictly adhere to the requirement of stability in its interpretation, which is set out in the Tax Code of Ukraine. To bring the Regulation on the Ministry of Finance of Ukraine in terms of tax powers in accordance with the Tax Code of Ukraine, it is necessary to set out subparagraph 39 of paragraph 4 of the Regulation as follows: The Ministry of Finance of Ukraine fees for a period exceeding one budget year, if the amount declared for installment or deferral or the amount of deferred or deferred monetary obligations or tax debt in respect of which payment is deferred is 1 million hryvnias or more; makes a reasoned decision to grant installments or deferrals of monetary obligations or tax debt in respect of national and local taxes and fees, as well as to postpone the payment of deferred or deferred amounts, if the amount of previously granted installments or deferrals of monetary obligations or tax debt was not repaid».

scholarly journals Constitutional regulation of the right to appeal to state authorities and local government bodies

2020 ◽  
Vol 4 (4) ◽  
pp. 64-69
Author(s):  
Oleh Kyrychenko ◽  
Hanna Davlyetova
Keyword(s):  
Human Rights ◽  
Local Governments ◽  
Legal Status ◽  
Political Life ◽  
Public Authorities ◽  
Legal Personality ◽  
European Experience ◽  
Legitimate Interests ◽  
Legal Forms ◽  
The Right

The article examines the constitutional practice of normative regulation of the right to appeal to public authorities and local governments, enshrined in Art. 40 of the Constitution of Ukraine and in similar norms of the constitutions of European states. The necessity of stating the specified norm in the new edition is substantiated. The right to appeal to public authorities and local governments, their officials and officials occupies a special place in the human rights system and is one of the most important organizational and legal forms of public participation in the socio-political life of the country and providing citizens of Ukraine with opportunities to defend their rights. legitimate interests, restoring them in case of violation. The study of the essence of this right gives grounds to state that the appeal by its nature has a dual meaning: first, it is one of the means of protecting human rights and legitimate interests violated by the actions or inaction of public authorities and local governments; secondly, the appeal is a signal of shortcomings in the work of public authorities and local governments. From the content of Art. 40 of the Constitution of Ukraine, it follows that both citizens of Ukraine and persons who are not citizens of Ukraine, but are legally on the territory of Ukraine, and who are marked in the text by the term "all" have constitutional legal personality. By the way, the term "all" is used only in Art. 40 of the Constitution of Ukraine, and therefore it is not clear whether it belongs to the category of subjects of "all people", as enshrined in Art. 21, or to the category of subjects of "all citizens". At the same time, in similar norms of the constitutions of European states, various impersonal terms are used to denote the subject of this right - "everyone", "citizens", "every citizen", "all citizens" and "every person". In connection with the above and in order to unify legal terminology, we believe that in Art. 40 of the Constitution of Ukraine, it would be more appropriate to use, instead of the term «all», the term «eve-ryone», which, in our opinion, covers all categories of subjects of the right to appeal regardless of their legal status and is more in line with European experience in constitutional regulation of the studied law. It should be emphasized that the necessary guarantee of realization of the investigated right is the duty of obligated subjects, ie public authorities, local governments and their officials and officials, to timely and objectively consider the appeal and provide a reasoned response to the merits of the appeal. the term established by the law. A similar provision is enshrined in the constitutions of Azerbaijan, Albania, Belarus, Armenia, Greece, Liechtenstein, Macedonia, Poland, Serbia, Turkey, Croatia, and Montenegro. In this regard, we propose a phrase that is enshrined in Art. 40 of the Constitution of Ukraine: "are obliged to consider the appeal and give a reasoned response within the period prescribed by law" to state in an updated version. In addition, we believe that this article should specify the obligation of these bodies and their officials and officials to take the necessary measures to exercise this right, which will give the subjects of appeal grounds to appeal, including in court , actions or inaction of officials and officials of state bodies and local governments. Therefore, in view of the above and taking into account the European experience in regulating the constitutional right to appeal, we propose Art. 40 of the Constitution of Ukraine to state in new edition: "Everyone has the right to submit individual or collective appeals or to personally address state authorities, local governments and their officials and officials, who are obliged to take the necessary measures and provide a reasoned written response within the period prescribed by law."

scholarly journals La naturaleza bifronte del estado de alarma y el dilema limitación-suspensión de derechos

2020 ◽  
pp. 371
Author(s):  
Carlos Garrido López
Keyword(s):  
Public Service ◽  
Air Transportation ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Natural Health ◽  
Health Crisis ◽  
Freedom Of Movement ◽  
Air Traffic Controllers ◽  
The Right

El estado de alarma fue considerado un instrumento de dudosa utilidad. Frente a las crisis naturales, sanitarias o tecnológicas, la legislación sectorial ordinaria preveía diversas medidas extraordinarias que, a juicio de la doctrina, hacían innecesario recurrir a dicho estado. Y las prevenciones introducidas en su regulación legal, dificultaban su uso ante situaciones de conflictividad social. El estado de alarma se declaró, sin embargo, en diciembre de 2010, para restablecer el servicio público esencial del trasporte aéreo paralizado por los controladores al servicio de AENA, y en marzo y octubre de 2020, para superar la crisis sanitaria ocasionada por la pandemia de la COVID-19. Ello ha evidenciado la versatilidad de la institución y la funcionalidad que antes se le negaba, pero también han puesto de manifiesto las limitaciones e insuficiencias de su regulación legal, tanto por lo que respecta a las situaciones críticas que permiten declararlo cuanto a las medidas susceptibles de adoptar. En este trabajo se analiza la naturaleza bifronte del estado de alarma, junto a las dificultades interpretativas que suscita su activación frente a conflictos sociales y otras emergencias que desbordan su marco jurídico. Asimismo, se abordan el problema de la distinción entre limitación y suspensión de derechos que subyace bajo el elenco de medidas de este estado, las críticas que desencadenó su declaración en 2010 y el intenso debate doctrinal que han generado las restricciones a la libertad de circulación, la reclusión domiciliaria y la afección de otros derechos conexos, como los de reunión, manifestación y sufragio, durante la gravísima crisis de la COVID-19.The state of alert was considered an instrument of dubious utility. To fight natural, health or technological crises, the sector-specific legislation provided for several extraordinary measures that, according to the doctrine, made it unnecessary to resort to this regime. The preventions set out in its legal regulation hindered its use in situations of social conflict. The state of alert, however, was declared in December 2010, to reestablish the essential public service of air transportation —which had been cut by the strike of the air traffic controllers working for AENA— and in March and October 2020, to control the health crisis caused by the COVID-19 pandemic. Both situations have evinced the limitations and inadequacies of the legal regulation of this regime, both regarding the critical situations that allow to declare it and the measures that can be adopted. This work delves into the two-faced nature of the state of alert and the interpretation difficulties arising from its activation to tackle social conflicts and other emergencies that go beyond its legal framework. There is also an analysis of the problem of differentiating between limiting and suspending rights that lies behind the catalog of measures of this regime, the criticisms to its declaration in 2010 and the intense doctrinal debate resulting from the restrictions to the freedom of movement, the lockdown and the violation of other connected rights such as the right to reunion, to protest and to vote during the critical COVID-19 crisis.

scholarly journals Topical issues of improving the provision of free primary legal assistance to members of a territorial community by local governments of Ukraine

2020 ◽  
pp. 136-144
Author(s):  
Mykola Kompaniets
Keyword(s):  
Civil Rights ◽  
Local Governments ◽  
Local System ◽  
The State ◽  
Legal Assistance ◽  
Legal Aid ◽  
Public Authorities ◽  
Public Power ◽  
Long Time ◽  
The Right

The purpose of this article is to study topical issues of improving the provision of free primary legal assistance by local governmentsof Ukraine to members of a territorial community. It has been proved that the provision of free primary legal aid by local self-government bodies to residents – members of a territorialcommunity is a fairly new competence of this level of public authorities – and, given its particular importance in protectinghuman and civil rights and freedoms, which is carried out in the local system of such protection human rights at the level of a local territorialcommunity, which is created by the local self-government bodies themselves, objectively requires its improvement, as well asfurther organizational, organizational and legal support and support.It is argued that the reasons for the objectification, actualization and contextualization of the provision of free primary legal aidby local governments are a number of factors of an objective and subjective nature, which are manifested in the process of organizingsuch work, which include: a) the formation and development of the system of local self-government in the state European standard;b) the peculiarities of the official recognition and legalization of the distribution of interests between the two levels of public power –public state power and public self-governing (municipal) power, as well as their embodiment in legislative drafting and lawmaking;c) conflictogenic motives inherent in the emergence of a new management paradigm – the competence of the local self-governmentbodies themselves, the presence of which was not recognized for a long time in the doctrine of national administrative law; d) the pre -sence in the administrative discourse in the sphere of exercising public power of the state – especially in the drafting of norms (legislation)and rulemaking (legislation) of a false methodological position regarding the deliberate duplication of powers of local governmentbodies of different levels, local government bodies and executive bodies; e) the right of local governments to the priority provisionof free primary legal aid, which follows from the systemic interpretation of Art. 3 of the profile Law of Ukraine “On Free Legal Aid”of 2011, according to which such a right is guaranteed by the Constitution of Ukraine the possibility of individuals with different legalstatus – a citizen of Ukraine, a foreigner, a stateless person, including a refugee or a person in need of additional protection, to receivefree primary legal assistance in full, as well as the possibility of a certain category of persons to receive free secondary legal assistancein the cases provided for by this Law.

scholarly journals Public Audit: The Essence, Structural Elements and Features of Application

2021 ◽  
Vol 10 (525) ◽  
pp. 341-346
Author(s):  
V. Y. Karkovska ◽  
◽  
I. S. Vishka ◽  
Keyword(s):  
Civil Society ◽  
Local Governments ◽  
Social Values ◽  
Legal Framework ◽  
The State ◽  
Civil Society Organizations ◽  
Structural Elements ◽  
Public Authorities ◽  
State Administration ◽  
Business Structures

The article considers the features of interpretation of the term «public audit». On the basis of the researched information (domestic and foreign sources) the authors’ own understanding of the term «public audit» is formed, the features of its use are distinguished. The key structural elements of public audit are formed, which make evident the deviations in the interpretation of the concepts of both public and the State-based audit. The authors have determined, that public audit includes the State-based audit as a indispensable constituent, as far as public audit is carried out by the State, individual business structures, civil society organizations, etc. On the basis of the carried out research, it is specified that subject of implementation of public audit is analyzing and assessing certain areas of activity, namely: activities of public authorities, local governments, and other organizations. For an effective implementation of public audit a proper legal framework as well as a transparent partnership interaction between the civil society and the State administration sector should be formed. In its activities, public audit primarily focuses on the main objects such as social resources (labor, financial, material, natural, intellectual), as well as cultural and social values of citizens. The main purpose of the public audit is to verify the legality, transparency, and, consequently, the efficiency of the activities of the State bodies interacting with civil society which expects such an efficiency. Given this definition, it can be assumed that public audit is a financial instrument for detecting violations, which, in turn, through amendments and recommendations can improve the State administration at all levels, influence the development of institutional structures, achieve a new level of development of social values, optimize the management of the State resources for the benefit of the community.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

scholarly journals Restrictions of the right of free movement on the territory of the country during the state of emergency, caused by the Sars-Cov-2 pandemic

2021 ◽  
Vol 16 (2) ◽  
pp. 12-62
Author(s):  
Raina Nikolova
Keyword(s):  
Crisis Management ◽  
Emergency Situation ◽  
Legal Framework ◽  
Central Executive ◽  
The State ◽  
Free Movement ◽  
Legal Basis ◽  
State Of Emergency ◽  
The Right

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).

MODELING OF MULTI-AGENT INTERACTION IN CONSUMPTION SECURING IN CONDITIONS OF INSTITUTIONAL INSTABILITY

2021 ◽  
Vol 2021 (8) ◽  
pp. 3-14
Author(s):  
Anatoliy MOKIY ◽  
◽  
Kateryna ANTONIUK ◽  
Dmytro ANTONIUK ◽  
◽  
...  
Keyword(s):  
Local Governments ◽  
Supply And Demand ◽  
Sustainable Consumption ◽  
The State ◽  
Market Mechanism ◽  
Public Authorities ◽  
Society Business ◽  
Human Needs ◽  
Institutional Instability ◽  
Multi Agent

Theoretical and methodological aspects of research of consumption safety as the ability of the state, society and business to create the preconditions for conscious satisfaction of human needs for self-reproduction to protect the health of the nation and the environment as imperatives for future development are developed. It is proposed to consider the process of consumption securing from the standpoint of harmonizing the interests of society, business and government in forming the basis for sustainable consumption and production in a strategic perspective. The chaos of self-organization processes in the consumer market, as well as the need to combine institutional and market mechanisms in solving the problem of consumption security strengthening in the process of European integration of Ukraine are shown. Systemic means of consumption securing on the basis of harmonization of society, business and the state economic interests with use of the multi-agent approach are developed. Accordingly, a multi-agent model is proposed to identify participants (agents) in the consumption securing process, to formalize the elements, institutional norms, parameters and limitations of their interaction. By building an intelligent map of consumption security, the institutional preconditions, participants of the process of consumption securing, the system of their interests, time parameters of interaction, basic processes, threats and related areas of consumption safety are established. The necessity of using the market mechanism of harmonization of interests of consumption safety subjects (person, society, public authorities and local governments, enterprises-manufacturers, public associations, international organizations, research establishments, etc.) by coordination of the price within the ratio of supply and demand for safe goods (services) with maximizing the convergence of interests as a condition for achieving an equilibrium state of the system is proved.

Directed Improvisation in Administrative Financing

2018 ◽  
Author(s):  
Yuen Yuen Ang
Keyword(s):  
Public Service ◽  
Local Governments ◽  
Tax Reform ◽  
Service Providers ◽  
The State ◽  
Popular Opinion

This chapter examines one of the oldest and most basic problems of governance: how to pay the bureaucracy. Following the 1994 tax reform, China’s local governments, even the relatively prosperous county of Zouping, face heightened budgetary pressures. Agencies and public service providers are therefore compelled to “self-finance”—that is, generate a portion of their own income and staff benefits. Contrary to popular opinion, practices of administrative self-financing are not arbitrary and lawless; rather, they are bound by rules, specifically, rules made by an intersecting matrix of vertical and horizontal authorities within the state. More broadly, this account illustrates a key condition of adaptation—which this chapter calls “directed improvisation.”

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