scholarly journals PUBLIC ADMINISTRATION OF MARITIME ACTIVITIES IN UKRAINE: PROBLEMS AND DECISIONS

2021 ◽  
pp. 80-85
Author(s):  
T. V. Averochkina
Keyword(s):  
Public Administration ◽  
Good Governance ◽  
Historical Analysis ◽  
Legal Regulation ◽  
International Standards ◽  
Maritime Industry ◽  
Legal Norms ◽  
Analysis And Synthesis ◽  
The Status ◽  
Service State

The article characterizes the current state and problematic aspects of public administration  of maritime and related port activities in Ukraine. The urgency of the issue is due to the  ongoing crisis in the legal and administrative regulation of these areas. The aim of the article  is to establish optimal models and tools for constructing a new system of public administration  of the maritime industry, taking into account international standards and best practices. The  methodological basis of the research is formed by a system of general scientific and special  legal methods of scientific research (historical, analysis and synthesis, scientific abstraction  and forecasting). The article draws special attention to the fact that the declared revival and  maintenance of the status of Ukraine as a maritime state, the development of its maritime  trade and naval potential can not occur only due to situational changes in response to crisis  events or to accelerate the decision of problems which have not been resolved for decades.  Here, a different, systemic approach to both legal regulation and the practice of implementing  the adopted legal norms should be introduced, a new approach to public administration of  the entire industry. The author classifies measures to overcome the port crisis in Ukraine into  financial, infrastructural and operational ones. It is proposed to repurpose the legal regulation  and law enforcement practices to support public sector entities and seafarers-citizens  of  Ukraine, as well as to simplify formalities in the ports of Ukraine. The relevance of the  concepts of anthropocentrism, service state and “good governance”, taking into account risk  management systems at all levels for the modernization of public administration of maritime  and port activities in Ukraine, is emphasized. The priority is to analyze the steps taken and  systematically update the current maritime and port legislation using a “package” approach to  its development. This approach enables to ensure that the interests of most maritime and port  stakeholders and the state are taken into account and balanced. 

scholarly journals Legal Regulation of the Status of Subjects of Special Competence in Relation to Public Administration in the Sphere of Intellectual Property in Ukraine

2021 ◽  
Vol 9 (2) ◽  
pp. 221-236
Author(s):  
Yevhen Leheza ◽  
Yuriy Deliya ◽  
Eduard Ryzhkov ◽  
Serhii Albul ◽  
Oleksandr Shamara
Keyword(s):  
Intellectual Property ◽  
Public Administration ◽  
Legal Status ◽  
Legal Regulation ◽  
Documentary Sources ◽  
Domestic Legislation ◽  
The Status ◽  
Special Competence

Relevant issues of the administrative and legal status of subjects of special competence in relation to public administration in the field of intellectual property are considered. Main  content. A circle of specified subjects in the system of subjects of public administration is determined. The role of subjects of special competence in the fulfilment of tasks of public administration in the sphere of intellectual property is identified. Classification of subjects of special competence regarding public administration in this field is presented. Features of the administrative or legal status of each group of subjects of special competence in relation to public administration in the field of intellectual property are analyzed. Specifics of the influence of these subjects on legal relations arising in the sphere of intellectual property are characterized. Materials and methods research based on the analysis of documentary sources. the  basis  is  the  dialectical  method  of  cognition  of  the  facts  of  social  reality,  on  which  the  formal legal and comparative legal approaches are largely based. Conclusions are drawn about the place of subjects of special competence in relation to public administration in the field of intellectual property among other subjects. Proposals on the necessity to improve current domestic legislation in the sphere of intellectual property are formulated.Keywords: Public administration; Intellectual property; Legal regulation; Relation; Sphere; Subjects of special competence Peraturan hukum status subjek kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual di Ukraina  Abstrak.Masalah yang relevan dari status administrasi dan hukum mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dipertimbangkan. Isi utama. Lingkaran mata pelajaran tertentu dalam sistem mata pelajaran administrasi publik ditentukan. Peran mata pelajaran kompetensi khusus dalam pemenuhan tugas administrasi publik di bidang kekayaan intelektual diidentifikasi. Klasifikasi mata pelajaran kompetensi khusus tentang administrasi publik di bidang ini disajikan. Fitur status administrasi atau hukum dari setiap kelompok mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dianalisis. Spesifik pengaruh subjek ini pada hubungan hukum yang timbul di bidang kekayaan intelektual dicirikan. Bahan dan metode penelitian berdasarkan analisis sumber dokumenter. Basisnya adalah metode kognisi dialektis atas fakta-fakta realitas sosial, yang menjadi dasar sebagian besar pendekatan hukum formal dan hukum komparatif. Kesimpulan diambil tentang tempat mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual antara mata pelajaran lainnya. Proposal tentang perlunya meningkatkan undang-undang domestik saat ini di bidang kekayaan intelektual dirumuskan.Kata kunci: Administrasi publik, Kekayaan intelektual, Regulasi hukum, Hubungan, Lingkungan, Mata pelajaran kompetensi khusus Правовое регулирование статуса субъектов особой компетенции в отношении государственного управления в сфере интеллектуальной собственности в УкраинеАннотация Рассмотрены актуальные вопросы административно-правового статуса субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Основное содержание. Определен круг указанных субъектов в системе субъектов государственного управления. Выявлена роль субъектов специальной компетенции в выполнении задач государственного управления в сфере интеллектуальной собственности. Представлена классификация предметов особой компетенции государственного управления в этой области. Анализируются особенности административно-правового статуса каждой группы субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Охарактеризована специфика влияния этих субъектов на правоотношения, возникающие в сфере интеллектуальной собственности. Материалы и методы исследования на основе анализа документальных источников. в основе лежит диалектический метод познания фактов социальной действительности, на котором в значительной степени базируются формально-правовой и сравнительно-правовой подходы. Сделаны выводы о месте субъектов особой компетенции по отношению к государственному управлению в сфере интеллектуальной собственности среди других субъектов. Сформулированы предложения о необходимости совершенствования действующего украинского законодательства в области интеллектуальной собственности.Ключевые слова: Государственное управление, Интеллектуальная собственность, Правовое регулирование, Отношения, Сфера, Субъекты особой компетенции.

Holding Peaceful Assemblies in the Republic of Kazakhstan: Rights of Citizens and Administrative Liability

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 870
Author(s):  
Timur K. AVENOV
Keyword(s):  
Constitutional Law ◽  
General Characteristic ◽  
Legal Regulation ◽  
International Standards ◽  
Legal Norms ◽  
Foreign Countries ◽  
Legal Model ◽  
The Republic ◽  
The Right ◽  
Mass Events

The article considers the matters of constitutional and administrative-legal regulation of the right to peaceful assembly in the Republic of Kazakhstan (RoK) and a number of foreign countries. Since there is a lot of publications dedicated to the study of compliance of this legislation to international standards, the analysis has been conducted by the following criteria: the general characteristic of the right to freedom of assembly from the viewpoint of international and constitutional law standards, the principles of organization and holding of public assemblies, the procedure of organization of a public assembly and its holding, and the liability for breaching this procedure. The author shows that the current incoherence of legal norms in this area prevents from developing a unified legal model for administrative liability for breaching public order and safety when holding mass events. Based on the study of normative and research materials in administrative and constitutional law, legal principles and approaches to freedom of assembly in international law and the law of a number of foreign countries, the author proposes options to improve the conceptual framework of legislation concerning assembly and mass events, to formulate proposals that will allow efficiently and legally applying administrative liability for breaching the RoK law concerning the procedure of organization and holding of peaceful assemblies, rallies, marches, pickets and demonstrations. Primary provisions and conclusions of the article can be used in scientific and practical activity when considering issues of holding liable for offences infringing constitutional rights of citizens and the established procedure for organizing and holding peaceful assemblies, rallies, marches, pickets and demonstrations, and to reform the norms of legislation on administrative offences.

scholarly journals Legal aspects of the system of organization of public administration of the territories in the Russian Federation

2020 ◽  
pp. 26-38
Author(s):  
Marina Afanas'evna Lapina
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Norms ◽  
Territorial Unit ◽  
The Subject ◽  
The Russian Federation ◽  
Further Development ◽  
Municipal Level

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

scholarly journals CIVIL LAW REGIME OF DUAL-USE GOODS FROM THE POSITION OF ENSURING THE BALANCE OF PRIVATE AND PUBLIC INTERESTS: COMPARATIVE LEGAL ASPECT

2020 ◽  
pp. 196-207
Author(s):  
Mikhail G. Shcherbakov ◽  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Export Control ◽  
Dual Use ◽  
Legal Regime ◽  
Public Interests ◽  
Legal Norms ◽  
The Status ◽  
Private And Public ◽  
Fair Balance

The article examines the dialectical relationship between the balance of private and public interests and the effectiveness of legal regulation of the dual-use goods. The concepts of dual-use goods and the legal regime of dual-use goods are examined and the conclusion is made that there is an interdependence between the categories «fair balance of private and public interests» and «the form and content of the dual-use goods regime». The structure of the legal regime system, consisting of interconnected subsystems that are in functional unity with each other, is analyzed. The dynamic property of the legal regime of dual-use goods to change the status of the goods and the status of the subject, depending on the state of the balance of private and public interests, is revealed. A special mechanism has been identified for regulating the system of the legal regime for dual-use goods, arising from the process of unification of legal norms, both at the international and national levels. The author proposed measures to improve the mechanism for regulating the legal regime of dual-use goods, based on the achievements of scientific and technological progress. Thus, increasing inter-industry relations through the unification of legal norms, as well as the use of modern technologies in the export control process, will ensure a fair balance between private and public interests. Meanwhile, state intervention in the property relations of individuals should be of an exceptional nature, providing for the existence of a mechanism for judicial protection of the weak side, for example, in the form of an institution for consumer protection. It is a focused approach based on the additional role of the state that will improve the effectiveness of the dual-use goods regime, as well as eliminate archaic methods of legal regulation of the turnover of dual-use goods based on the permissive type of regulation. In that way, the system measures that allow integrating advanced technologies into the mechanism of dual-use goods regime include: - introduction of a risk-based approach in the export control system; - transition to the notification procedure for export control; - transition to automatic identification of dual-use goods; - creation of a unified technological platform for controlling the turnover of dual-use goods; - creating a virtual image of dual-use goods with the function of saving the history of their use; - chipping of dual-use goods; - use of distribution registers in transactions with dual-use goods.

scholarly journals Electoral disputes in the legal positions of the Supreme Court

2021 ◽  
pp. 74-84
Author(s):  
Oksana Hnativ
Keyword(s):  
Supreme Court ◽  
Good Governance ◽  
Case Law ◽  
Legal Regulation ◽  
International Standards ◽  
Procedural Law ◽  
European Court ◽  
Election Process ◽  
Equal Importance ◽  
The Supreme Court

The article is devoted to the study of the rulings of the Supreme Court in the field of suffrage protection. The author uses specific examples to illustrate the importance of jurisprudence for the effective protection of the said rights of all participants in the election process in Ukraine. The interpretation of legal regulations by the Supreme Court is designed to ensure the certainty of the legal regulation when applying it to resolve disputes in the court. At the same time, the analysis of jurisprudence demonstrates the low level of legal culture in society, as well as the need for educational measures to ensure the exercise of suffrage and their protection. Particular emphasis has been placed on the universality of the legal conclusions of the Supreme Court. In particular, certain criteria of good governance can be applied when considering administrative cases related to the exercise of powers of state bodies and local self-government bodies, their officials, regardless of the category of cases. The conclusion regarding the conditions for declaring the inaction of the subjects of power illegal is similar. At the same time, the Supreme Court does not always achieve legal certainty in its rulings. An example is the case on the legal nature of the President’s of Ukraine poll, which does not specify the criteria for distinguishing covert agitation from the poll (exit poll). The resolution of procedural issues related to the delimitation of jurisdiction, as well as the issues of consolidation and separation of claims has equal importance. The issue of election cases, including territorial ones, jurisdiction, needs to be resolved, given the reduced deadlines for applying for protection of suffrage. The unity of the practice of application of procedural regulations ensures the equality of participants in the administrative process before the procedural law and the court. The analysis of the case law of the Supreme Court shows its compliance with international standards, in particular, the case law of the European Court of Human Rights. Key words: suffrage, Supreme Court, right to defense, election case.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

scholarly journals Components of good information and analytical support to public administration of regional development

2021 ◽  
Author(s):  
T. Melnyk
Keyword(s):  
Regional Development ◽  
Public Administration ◽  
Good Governance ◽  
Local Level ◽  
Legal Regulation ◽  
Main Body ◽  
Individual Element ◽  
Good Information ◽  
Quality Of Information

Problem setting. Effective public administration of regional development is essential for raising the living standards of citizens. In modern conditions, new requirements are put forward to the system of regional management. In addition, the limited resources available for this, as well as the novelty and complexity of socio-economic problems, force us to focus on new factors in the effectiveness of public administration of regional development. A significant part of the problems in this context are related to legal regulation, financing, staffing, the interaction of public and private sectors, the use of new management technologies, information and analytical support. Although all types of support to public administration are important and interconnected, but the information and analytical support allows us to determine the appropriate mechanisms and how they are used to achieve goals, what factors of regional development to focus on. Therefore, the quality of information and analytical provision is an important prerequisite for the effectiveness of the entire system of regional development administration. Recent research and publications analysis. The works of foreign and Ukrainian scientists are devoted to theoretical and practical problems of information and analytical support to public administration. V. Averyanov, V. Bakumenko, M. Volkova, D. Dzvinchuk, A. Degtyar, O. Karpenko, V. Kuybida, A. Semenchenko, Yu. Surmin and others made a significant contribution to the research. Thus, the works of V. Bakumenko and A. Degtyar are devoted to public administration decisions and factors of their effectiveness, including their information and analytical support. Mechanisms of information-analytical support of public administration bodies were studied by V. Averyanov, V. Kuybida, O. Karpenko. Furthermore, the author also relies on the research by S. Bila, S. Chernov, N. Černiauskienė on the factors of public administration efficiency. As for public administration of regional development, its economic component was studied by M. Volkova, but the issue of its good information and analytical support has not been disclosed by scholars and requires thorough research. Highlighting previously unsettled parts of the general problem. Efficiency and effectiveness, feedback, openness and transparency, accountability are the principles of good governance at the local level among others, abidance with which is possible only if they are provided with information and analytical support. Considering this, the purpose of the article is to determine the components of good information and analytical support to public administration of regional development. Paper main body. Information and analytical support to public administration of regional development includes the use of a set of interconnected methods, measures and tools by which the technologies of collection, selection, transmission, transformation, storage and display of information on the current state, forecasts and development goals of various spheres of life in the region are implemented to make  public administration effective. Assessing whether public administration in Ukraine is effective, scholars and practitioners note that the direct results of administrative work are difficult to quantify, and therefore it is expedient to use indirect indicators, in particular through the assessment of the management system and its elements. Consequently the good quality of information and analytical support to public administration is a transversal factor, which depends on the effectiveness of each individual element, and their interaction, and the effectiveness of the administration system in general. Conclusions of the research and prospects for further studies. Good information and analytical support to public administration of regional development means complying the requirements for making the most effective and adequate administrative decisions. Such support should be provided on a systematic basis, which includes the identification of all its important components  institutional, research, resource and financial, competence, technological and organizational, as was done in this study. Each of these components has its own semantic characteristics and can be used as criteria and a lever for the effectiveness of the system of good information and analytical support to public administration of regional development in the process of building such a system. In this context, it is expedient to study the relevant foreign experience, in particular of the European Union, and it is a subject to further research.  

scholarly journals TRANSFORMATION OF PUBLIC ADMINISTRATION IN SEAPORTS OF UKRAINE

2021 ◽  
pp. 76-85
Author(s):  
A. O. Panchuk
Keyword(s):  
Public Administration ◽  
Best Management Practices ◽  
Public Management ◽  
Management Practices ◽  
Maritime Industry ◽  
Managerial Decision ◽  
The Public ◽  
Analysis And Synthesis ◽  
European Standards ◽  
Definition Of

The article covers changes of direction in development of the maritime management complex of Ukraine. The need for a comprehensive study of specific stages of seaports development is due to the fact that maritime ports are an integral part of the transport and industrial infrastructure of the state since they are located on the routes of international transport corridors. The European integration of Ukraine and activation of its transit influence enhancing the quality of services of the maritime management complex. By the adoption of the Law of Ukraine “On the Seaports of Ukraine”, there were significant changes in the public administration of the maritime industry, which remain in force to this day. The methodological basis of the research is formed by a system of general scientific and special legal methods of scientific knowledge (historical, dialectical, analysis and synthesis, scientific abstraction, forecasting). Based on the study of scientific works on the public management theory and the public administration, the author’s definition of the category “public administration” in the maritime industry at the stage of transformation has been formulated. Aspects of management have been analyzed, tasks and functions have been revised in accordance with European standards and best management practices; critical factors for the successful administration of the port sector of Ukraine have been identified. It was pointed out, that nowadays the Ukrainian maritime industry has a unique opportunity to create its own port management model based on the European “port-landlord” management pattern. It was emphasized, that there is a need for a seminal work in the direction of changing national legislation, a significant change in the approach, not only in planning the development of ports, but also a binding development implementation through the application of a direct rule on prosecution for failure to comply with strategic documents on the development of the industry. Fostering the emergence of an approach for determining the direction of public administration development of the maritime industry at the stage of changes involves solving the following issues: withdrawal of land administration from the public sector; optimization of managerial decision making; adoption of the institution for the implementation of plans for the development of ports and the responsibility for the execution of those tasks.

scholarly journals Doctrinal foundations of goal-setting in the institute of punishment

2021 ◽  
Vol 230 (7) ◽  
pp. 15-21
Author(s):  
IVAN V. DVORJANSKOV ◽  
Keyword(s):  
Goal Setting ◽  
Criminal Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
Penal System ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
Legal Norms ◽  
Theoretical Approaches ◽  
Analysis And Synthesis

The article examines the doctrinal (scientific) foundations of goal-setting in the institute of punishment, the evolution and modern content of the goals of punishment, theoretical approaches to their formation and connection with the conceptual provisions of the state's criminal policy, factors and criteria for goal-setting in criminal law. The analysis of the current state and prospects of regulation of the goals of punishment and their legal regulation is presented. Monuments of domestic law and modern Russian legislation, scientific literature on the topic of the work are the subject of the article. The purpose of the study is to identify the problems of compliance of the goals of punishment with the modern criminal policy of Russia on the basis of studying the legal nature, doctrinal base, and social conditionality of the goals of punishment. The methodological basis of the research was formed by the dialectical method, analysis and synthesis: comparative and legal; retrospective; formal legal; logical; comparative. Specific scientific methods were also used: legal-dogmatic and the method of legal norms interpreting. As a result of the work carried out, the doctrinal foundations, evolution and modern legal regulation of the goals of punishment were studied, a critical analysis of the modern goals of punishment was given, an approach to their transformation was proposed. These decisions will have a positive effect on the effectiveness of criminal punishment and Russia's criminal policy, will allow the rational allocation of the resources of the penal system without prejudice to its authority, and avoiding the excessive and sometimes impossible requirements to an employee of the penal system. Conclusions are made about the need for legislative reform of the concept of punishment goals. This problem is far from being a trifle one, since the effectiveness of judicial and criminal-executive activity depends on its solution. Key words: doctrinal foundations, goals setting, criminal punishment, criminal policy, evolution, legal framework, goals of punishment, state and prospects.

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