scholarly journals ANTICORRUPTION COMPLIANCE: INTERNATIONAL EXPERIENCE IN LEGAL REGULATION AND INNOVATION FOR UKRAINE

2019 ◽  
Vol 7 (5) ◽  
pp. 765-770
Author(s):  
Оlena Lutsenko
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Public Officials ◽  
Compliance Management ◽  
The Public ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
Domestic Practice ◽  
First Time

Purpose: To explore and to analyze the global experience in anticorruption compliance management and to highlight exceptional importance of the anticorruption compliance system to be implemented in Ukraine for fighting corruption; to determine necessary steps to involve workers to the local anticorruption program; to offer specific recommendations for reforming the existing anticorruption compliance system in Ukraine. Methodology: The study was conducted with general scientific (formalization, abstraction, analysis, and synthesis) and specific scientific (formal and legal, comparative and legal, and legal forecasting) cognitive methods applied. Result: Upon thorough investigation of the issue, the author concluded that the anticorruption compliance system should be approved upon discussion with public officials, offered a new form of this discussion to be effective and to function in fighting against corruption offenses in domestic practice, and noticed that compliance management should involve professional standards, powers distribution regulation, and ethics rules determination. Applications: The study is known to be innovative in Ukraine and the results might be interesting and useful for domestic legislators and public administration subjects at the building of the highly effective anticorruption compliance system. Novelty/Originality: The study is believed to cast some light on the gaps in this issue which needed to be clarified since previous poor efforts seem still contradictory. The subject of the study is considered in Ukraine for the first time. The results of the study are obtained based on the independent investigation of the current anticorruption program in the public service and might be promising for effective application.

Digital Transformation of Public Administration Based on Competence Models

2021 ◽  
Vol 27 (3) ◽  
pp. 183-189
Author(s):  
L. V. Vatlina
Keyword(s):  
Public Administration ◽  
Digital Transformation ◽  
Public Officials ◽  
Digital Government ◽  
Administration System ◽  
Digital Platforms ◽  
The Public ◽  
Analysis And Synthesis ◽  
Reducing Costs

Aim. The presented study aims to determine the peculiarities of introducing digital tools in public administration using different types of competencies.Tasks. The author describes major prerequisites for the transformation of the public sector in the context of digitalization; analyzes modern digital technologies and the mechanism of their implementation in public services using digital platforms, assesses their role, and identifies obstacles to the digital transformation of public administration.Methods. This study uses general scientific methods, such as the monographic method, analysis and synthesis, induction and deduction, description, and applied methods of structural, systems, and comparative economic analysis.Results. Digital transformation of the public administration system changes the understanding of management from management as execution of functions to management as a network of  relationships between the state and its citizens. Reformation of the public administration model based on the implementation of digital solutions forms the new public administration concept. However, the results of the public administration system’s reformation using digital platforms are ambiguous and require study. One of the main obstacles to the formation of a “digital government” is the lack of competent specialists and qualified personnel skilled in the field of  information technology (IT), Internet of Things, artificial intelligence, etc. These and other technologies are vital for the formation of a high-quality public administration system. Furthermore, the new information reality places increased demands on the skills of modern public officials, whose level of competence largely determines the quality of management. This study identifies and analyzes the necessary competencies of employees involved in the public administration system at different levels.Conclusions. Over time, digital transformation of public administration will become more evident and meaningful. It can be assumed that digitalization will make it possible to leave behind subjective decisions of individual public officials, improving the quality of provided services and reducing costs as much as possible. Digital transformation of public administration is not limited to the automation and optimization of some processes in the execution of public functions, as it also involves the implementation of modern information and communication technology (ICT) systems to improve the quality of the public administration system as a whole.

COMPLIANCE MANAGEMENT IN PUBLIC ADMINISTRATION BODIES

2021 ◽  
Vol 22 (2) ◽  
pp. 129-145
Author(s):  
Lidia Wiatrak
Keyword(s):  
Public Sector ◽  
Public Administration ◽  
Press Releases ◽  
Compliance Management ◽  
Legal Rules ◽  
The Public ◽  
The Subject ◽  
Compliance Officer ◽  
Theoretical Considerations ◽  
Union Directive

The aim of this study is to present the compliance functions in public administration bodies and, as a result, to present the demands with regard to the legitimacy of the compliance management in the public sector programme. The author has focused on theoretical considerations which purpose was to justify the necessity of implementing compliance procedures to public administration bodies. The analysis of the list of publications of the subject in terms of the issue mentioned above has been applied with particular reference to „Guidelines regarding the terms of creating and introducing effective compliance programmes in public sector.”, as well as to legal rules and press releases. In addition, the article has been based on the author’s knowledge acquired during the Approved Public Compliance Officer (APCO) training within „Ethics, Compliance & Integrity Professional” programme. The above mentioned issues comply with the present needs of public administration bodies which must implement whistleblowing procedures in accordance with the latest European Union directive and are willing to keep the compliance structures in accordance with the Central Anti-Corruption Bureau guidelines.

scholarly journals The Content of Public Administration in the Forced Migration Sphere in Russia: An Administrative Law Aspect

JURIST ◽  
2021 ◽  
Vol 1 ◽  
pp. 44-53
Author(s):  
Miroslava I. Petrovskaya ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Forced Migration ◽  
Legal Regulation ◽  
Administrative Law ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Changes ◽  
First Time ◽  
Practical Recommendations

The article is devoted to the justification of the specifics of public administration in the field of forced migration. The specifics of this type of migration, peculiarities of its administrative and legal regulation are revealed. The purpose of the work is to obtain theoretical conclusions and to develop practical recommendations for improving the system of management of forced migration in Russia. The target is public administration in the field of forced migration. The subject of the study is a set of rules of administrative law of the Russian Federation, which establish general provisions of public administration of forced migration, as well as the range of subjects, institutions and mechanisms used in the process of ensuring the functioning of the system of reception of forced migrants. The methodological basis of the study was the methods: dialectical, private methods — systemic-structural, comparative-legal, formal-logical and historical-legal, statistical and other methods of scientific knowledge. Within the framework of the proposed study, ways are outlined to solve the problems identified by the author of organizing the foundations of management in the field of forced migration in Russia. Recent legislative changes that have not yet been the subject of scientific research are under consideration. For the first time since the transfer of migration powers to the system of the Ministry of Internal Affairs of the Russian Federation, current changes related to the implementation of powers in the field of forced migration have been analyzed.

SUBJECTS AND OBJECTS OF PUBLIC MARKETING

2018 ◽  
Vol 1 (12) ◽  
pp. 260-270
Author(s):  
Yevgeny Victorovich Romat ◽  
Yury Volodimirovich Havrilechko
Keyword(s):  
Public Administration ◽  
Municipal Government ◽  
Executive Power ◽  
Marketing Concept ◽  
Public Authorities ◽  
Public Marketing ◽  
The Public ◽  
State Management ◽  
Management Concepts ◽  
The Subject

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.

scholarly journals Gestão do Judiciário e gestão da qualidade: uma questão de princípios - Judiciary management and quality management: a question of principles

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Alex Pizzio Da Silva ◽  
José Eudacy Feijó Paiva
Keyword(s):  
Quality Management ◽  
Public Administration ◽  
Management System ◽  
Quality Management System ◽  
Iso 9001 ◽  
The Public ◽  
Constitutional Principle ◽  
Judicial Administration ◽  
The Subject ◽  
Point Of Reference

<p>O objetivo deste artigo é contribuir ao debate acerca da gestão do Poder Judiciário tendo como referência o princípio constitucional da eficiência na administração pública e os princípios da gestão da qualidade. Sob esse enfoque são abordados os temas da crise na administração pública e na administração judiciária. Através de uma revisão bibliográfica em livros e artigos levantou-se as contribuições de autores sobre o tema em análise. Uma correlação entre os princípios da qualidade e a realidade encontrada na administração de unidades judiciárias, através das fontes analisadas para o estudo, é realizada com o fim de demonstrar a validade da aplicação dos princípios para nortear as mudanças necessárias para a melhoria da prestação jurisdicional e a aumentar a satisfação da sociedade. O artigo apresenta a aplicabilidade de um sistema de gestão da qualidade, conforme o modelo da norma ABNT NBR ISO 9001:2015, como uma alternativa eficaz para que o Poder Judiciário apresente a resposta mais adequada para a necessidade de melhoria na eficiência da gestão do Poder Judiciário.</p><p> </p><p>The purpose of this article is to contribute to the debate about the management of the Judiciary having as point of reference the constitutional principle of efficiency in the Public Administration and the principles of quality management. This approach addresses the issues of crisis in the public administration and judicial administration. Through a bibliographical review in books and articles the contributions of authors on the subject under analysis were compiled. A correlation between the principles of quality and the reality found in the management of judicial units, through the sources analyzed for the study, is established in order to demonstrate the validity of the application of the principles to guide the changes necessary to improve the jurisdictional performance and to increase the satisfaction of society. The article presents the applicability of a quality management system, according to the model of ABNT NBR ISO 9001: 2015, as an effective alternative for the Judiciary to provide the most appropriate response to the need of improving the efficiency of the Judiciary management.</p><p> </p>

scholarly journals Treasury Control of Budget Expenditures of the Russian Federation Constituent Entities: Practice and Optimization Opportunities.

2021 ◽  
Vol 27 (8) ◽  
pp. 1894-1910
Author(s):  
Marzhinat I. KANKULOVA ◽  
Sabina Z. OSMANOVA
Keyword(s):  
Russian Federation ◽  
Business Processes ◽  
Practical Interest ◽  
Budget Process ◽  
Labor Costs ◽  
Analysis And Synthesis ◽  
Automated Information System ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

Subject. This article examines the business processes of treasury control in the course of authorizing budget expenditures of the subject of the Russian Federation. Objectives. The article aims to develop recommendations for improving the business processes of treasury execution of budget expenditures of the subject of the Russian Federation. Methods. For the study, we used the methods of formalization, analysis and synthesis, induction and deduction, comparison, observation, and other general scientific theoretical and empirical research methods. Results. The article identifies reserves for increasing the potential of treasury control of the financial body of the Russian Federation subject by modifying the functionality of the budget process automated information system. It offers recommendations to increase the number of transactions for which extensive documentary control is carried out, while reducing the labor costs for performing the same type of current operations. Conclusions and Relevance. The proposals to optimize treasury control are in line with the solution of common tasks for the development of modern technologies for budget execution based on digitalization and automation of budget procedures. The results obtained may be of practical interest to the financial authorities of the Russian Federation constituent entities (municipalities) that implement their budgets independently through the current budget account opened at the Federal Treasury.

scholarly journals Evaluation of enterprise’s fixed equipment using efficiency

2019 ◽  
pp. 6-8
Author(s):  
Inna BERZHANIR ◽  
Tetiana YASHCHUK
Keyword(s):  
Systems Approach ◽  
Visual Image ◽  
Economic Incentives ◽  
Agricultural Enterprises ◽  
Fixed Assets ◽  
Analysis And Synthesis ◽  
Approach Method ◽  
General Scientific ◽  
The Subject ◽  
Methodological Aspects

It is established that the stable development of the Ukrainian economy is connected not only with the need to deepen market reforms, but also with the urgent needs for a substantial renovation of fixed assets on an innovative basis. The subject of the study is the theoretical and methodological aspects of the assessing the effectiveness of the use of fixed assets of the enterprise. The subject of the study is the theoretical and methodological aspects of assessing the effectiveness of the use of fixed assets of the enterprise. In the course of the research, the main general scientific and special methods of the research were used, such as: the method of analysis, the scientific abstraction method and the generalization method – when determining the directions the conceptual framework improvement; the systems approach method in order to determine the essence of the process of the fixed assets reproduction; the grouping method – to improve the classification of factors that influence the process of fixed assets reproduction of the enterprise; the methods of analysis and synthesis – to assess the effectiveness of methods of financing the fixed assets reproduction of the enterprise; the graphic method – for the visual image of research results etc. The efficiency of using fixed assets of the enterprise is investigated, and the directions of its increase are substantiated. The factors influencing the process of fixed assets reproduction of the agricultural enterprises are systematized in particular: reducing the number of inactive equipment, decommissioning inefficient and quickly involving unidentified equipment, improving the quality of repair equipment of fixed assets and modernizing existing equipment, as well as economic incentives for the rational use of fixed assets funds. It has been established that the assessment of the movement of fixed assets is based on the coefficients of retirement, receipt and updating of fixed assets, which to some extent depend on the species, technological and other types of structures of fixed assets of the enterprise. As a result of the study, it was found that one of the main factors in the development and functioning of agricultural enterprises in a market economy is the study of the level of influence of the security of fixed assets on the efficiency of managing agricultural enterprises. The necessity of substantiation of the efficiency of the leasing and credit sources use for the fixed assets reproduction of the enterprise is determined.

scholarly journals Criterios definidores y conceptuales del enfoque basado en derechos humanos: de la teoría a la práctica

2017 ◽  
pp. 43-86
Author(s):  
Alfonso CHACÓN MATA
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Public Administration ◽  
Public Policies ◽  
The State ◽  
The Public ◽  
First Order ◽  
Derechos Humanos ◽  
The Subject ◽  
Human Rights Based Approach

LABURPENA: «Giza Eskubideetan Oinarritutako Ikuspegiaren» irismena azaltzeko asmoa dauka artikulu honek, zer-nolako aldagaiak eta kontzeptuak biltzen dituen ulertze aldera. Horren bilakaeraz eta indarraldiaz arituko gara, bai eta horren modalitate aplikatua nola nabarmentzen den azalduko ere. Horretarako, Nazio Batuen Erakundearen esparruan garatu diren ekarpenak eta gaiaren inguruko doktrina aditua erabiliko ditugu. Administrazio Publikoan duen indarra ezin ukatuzkoa da; izan ere, estatuak eta horri atxikitako erakundeek oso kontuan eduki behar dute politika publikoak norbanakoen eta komunitateen beharrei arreta ematen ari zaien jakiteko balio duela ikuspegi horrek, edota politika publiko horiek kontu emanez gardentasun publikoa eratzen ari diren nahiz edozelako diskriminazioa saihesten ari diren jakiteko balio duela. Azkenik, ikuspegi horrek Giza Eskubideen Gorte Interamerikarraren jurisprudentzia-aurrekari batzuetan duen indarraldia eta eragina aztertuko dira. RESUMEN: El presente artículo tiene la intención de exponer los alcances del «Enfoque Basado en Derechos Humanos», con la finalidad de entender que variables y conceptos involucra. Haremos un recuento de su evolución, vigencia y cómo se evidencia su modalidad aplicada, a través de diferentes aportes desarrollados en el marco de la Organización de Naciones Unidas, así como de la doctrina estudiosa del tema. Su vigencia en la Administración Pública es de primer orden, puesto que el Estado y sus entidades adscritas, deben tener muy en cuenta que el enfoque citado, sirve para conocer si las políticas públicas, están atendiendo necesidades de individuos y comunidades concretas; generando transparencia pública a través de rendición de cuentas, así como evitando cualquier tipo de discriminación. Finalmente, se analizará su vigencia e impacto en algunos antecedentes jurisprudenciales de la Corte Interamericana de Derechos Humanos. ABSTRACT: This article intends to expose the scope of the «Human Rights Based Approach», in order to understand what variables and concepts it involves. We will recount its evolution, validity and how its applied modality is evidenced, through different contributions developed within the framework of the United Nations, as well as the doctrine studious of the subject. Its validity in the Public Administration is of the first order, since the State and its affiliated entities must take into account that the aforementioned approach serves to know if public policies are addressing the needs of specific individuals and communities; Generating public transparency through accountability, as well as avoiding any type of discrimination. Finally, its validity and impact will be analyzed in some jurisprudential antecedents of the Inter-American Court of Human Rights.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges.&nbsp;

scholarly journals The Forms of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 167-175
Author(s):  
Ilya Dikarev ◽  
◽  
Sailaubek Baymanov ◽  
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Prosecution ◽  
Legal Interpretation ◽  
Scientific Methods ◽  
Theoretical Position ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Common

Introduction: the paper discusses the possibility of differentiating the forms of criminal prosecution. The critical analysis is subject to the widespread position in the science of criminal procedure that the forms of criminal prosecution are suspicion and accusation. This point of view is based on the conclusion that the content of criminal prosecution varies depending on the degree of proof of the guilt of the person subject to criminal prosecution. Concerning compliance with the principle of adversarial parties, the theoretical position is also evaluated, according to which one of the forms of criminal prosecution is conviction. The question of the grounds for differentiating the forms of criminal prosecution is studied. Purpose: the confirming the unified nature of the criminal prosecution carried out during the pretrial proceedings, regardless of the procedural position of the person accused of committing the crime. Methods: the paper uses the general scientific methods of analysis and synthesis, a systematic approach, as well as specific scientific methods: legal interpretation and logical-legal. The methodological framework was the dialectical method. Results: the study of the common position in the science of criminal procedure, according to which criminal prosecution at different stages of its implementation consistently takes the forms of suspicion and accusation, showed its inconsistency. From the standpoint of philosophy, the content always has a determining value, and the form is always determined. Accordingly, to establish a change in the form of criminal prosecution, it is necessary to make sure that the content of this activity changes. However, the degree of proof of the person’s involvement in the crime is not reflected in the content of the accusatory activity, it remains the same. Therefore, suspicion and accusation do not form the independent forms of criminal prosecution. At the same time, the differentiation of the forms of criminal prosecution is possible, but on different grounds. Conclusions: the differentiation of the forms of criminal prosecution should be made depending on, first, the organization of procedural activities that determine the role and powers of the subject of criminal prosecution in the process of proof; secondly, the procedural status of the participant in the criminal process on the part of the prosecution and, thirdly, the content of the fact in issue.

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