scholarly journals ADMINISTRATIVE DISCRETION AND INSTRUMENTS OF PUBLIC ADMINISTRATIONS: ADMINISTRATIVE AND LEGAL AND DEONTOLOGICAL DIMENSIONS

2021 ◽  
pp. 37-44
Author(s):  
P. P. Bylik ◽  
I. A. Osadcha
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Professional Training ◽  
Social Orientation ◽  
Professional Conduct ◽  
Public Administrators ◽  
Administrative Discretion ◽  
The Public ◽  
Social Mission ◽  
Public Administrator

The article focuses on the relationship between public administration and legal deontology. Public administration is a renewed form of public administration. The difference is that public administration is a more democratic process of state-authoritative impact on social relations. This democracy is manifested in the forms and methods of managerial activity used. Among the forms and methods of public administration, a softer set of forms is selected – an appropriate combination of legal and non-legal forms, the method of persuasion and coercion. The very activity has an executive and administrative nature. The executive orientation implies the call of public administrations to promote the practical implementation of laws. Orders – to adopt and implement legal acts of administration. Forms and methods together constitute the tools of activity of public administrations. Executive-administrative activity is carried out through appropriate managerial procedures. The basis of activity is administrative discretion. It consists in the possibility at one’s own risk to use forms and methods in their totality depending on the choice of the public administrator himself. This requires its appropriate level of professional training and the necessary level of compliance of the activity of a public administrator with increased moral and ethical parameters. Given the lack of administrative and procedural legislation, it is proposed to consider the use of discretionary powers as permissible with the possibility of expanding their limits within the law. But this is only on condition of introducing into the normative regulation of public administrators’ activity the code of their professional conduct. Such a code should contain an ideal model of professional conduct of public administrators. Conformity of professional conduct of an official of public administration body to the requirements of the code is a prerequisite for the implementation of its social mission. The code of ethics of a public administrator should contain a set of requirements of moral and ethical nature, compliance with which in the activities of the public administrator will contribute to the implementation of constitutional requirements on the social orientation and conditionality of the activities of the state and all its bodies.

scholarly journals The Case of the Eleven-Inch Fish: A Study in Administrative Discretion

1999 ◽  
Vol 7 (1) ◽  
pp. 51
Author(s):  
Don Jaccard
Keyword(s):  
Public Administration ◽  
The Other ◽  
Washington Dc ◽  
Public Administrators ◽  
Administrative Discretion ◽  
The Public ◽  
Public Administrator ◽  
The One ◽  
Academic Debate ◽  
Laws And Regulations

The complex, yet vague nature, of legislation being generated by lawmakers in Washington, DC requires that public administrators be afforded administrative discretion in carrying out their respective duties. It is no longer possible for policymakers to be fully informed regarding the multitude of variables that exist in the offshore fishing environment, nor is it possible to articulate that spectrum of variables in codified laws and regulations. The academic debate between controlling the exercise of administrative discretion on the one hand and extending the leash of judgment on the other has been around as long as the profession of public administration. In the case of the eleven-inch fish (the fish is one inch shy of being a legal catch), the public administrator on the scene of the infraction has a choice to make. The administrator can choose to overlook the incident, issue a warning, or issue a $100 notice of violation and seize the fish. I know which alternative I chose. The question is, which alternative would you choose?

scholarly journals ADMINISTATIVE DISCRETION IN PUBLIC ADMINISTRATION AND ITS CONNECTION WITH LEGAL DEONTOLOGY: THEORETICAL AND LEGAL ASPECT

2021 ◽  
pp. 52-62
Author(s):  
P. P. Bilyk ◽  
I. A. Osadcha
Keyword(s):  
Public Administration ◽  
Legal Aspect ◽  
The State ◽  
Administrative Discretion ◽  
The Public ◽  
Public Administrator ◽  
Managerial Decisions ◽  
Professional Characteristics ◽  
Level Of Knowledge ◽  
Definition Of

SummaryIn the process of implementing the functions and objectives of the state to ensure therealization of human rights and freedoms Officials of the public administration authoritiesbased on the concept of building competent administrative legislation оften face the needto make management decisions, based on their administrative discretion. Effectiveness andfeasibility of adopted and implemented in such conditions managerial decisions directlydepends on the professional level of the public administrator. The level of professionalismdepends not only on the level of knowledge and skills of the public administrator, but alsodepends a considerable extent from its desire and desire to properly blame its professionalvocation. Legal deontology contributes to the regulatory definition of the optimal crime ofmoral and ethical requirements compliance with which testifies to the readiness of the publicadministration authorities system to implement the functions and objectives of the state asappropriate. The article analyzes the concept of public administration and is concluded aboutits identity of the Public Administration category. Both administrative and legal categoriesare manifested as the process of developing, making and implement management decisions.Administrative legislation is constructed in such a way that its procedural part based onopportunities based on and within the Constitution and Laws of Ukraine, it is based on publicadministration based on administrative discretion. In public administration, the result of theimplementation of the administrative discretion is the formation of an appropriate managementstyle, as the result of the use and variation association of permissible forms and managementmethods. The public administrator is a representative of the state in a relationship with aperson. The level of rights and freedoms proclaimed by law depends on his managementdecisions. Given the need to appeal when making decisions to administrative discretion, thedeontological component of the professional characteristics of the public administrator seemsto be significant.

scholarly journals Implementation of the Function of Maximizing the Security Level in the Administration of Justice in the Digital Economy

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 216-225
Author(s):  
Damir Khamitovich Valeev ◽  
Anas Gaptraufovich Nuriev
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Digital Economy ◽  
Positive Development ◽  
Security Level ◽  
The Public ◽  
Administration Of Justice ◽  
The Status ◽  
Dialectical Analysis

The research analyses the implementation of the role of maximizing the level of security in the administration of justice in the context of the digital economy. Methodologically, the documentary observation research technique and, to process sources, sociological-dialectical analysis were used. Digitization as a transformational factor of many branches of social relations implies dependence on the implementation of a series of interdependent legal facts with digital technologies so that the action has a legal and concrete result. The digital level as a new platform for the implementation of a number of public functions posing new challenges for the public administration system and also determines the status of new functions that can provide a "digital future" with a positive development dynamic. Conclusion mode everything indicates that, these new functions can be austable in order to maximize security in the implementation of public functions in response to new threats. Particularly sensitive is the area of justice administration, which is also actively introducing many digital tools into the case-resolution process.

scholarly journals The Essence and Structure of Masters’ of Public Administration Core Competencies in the USA

2016 ◽  
Vol 6 (3) ◽  
pp. 62-68
Author(s):  
Alina Shevchenko
Keyword(s):  
Public Policy ◽  
Public Administration ◽  
Professional Training ◽  
Core Competencies ◽  
The United States ◽  
Public Affairs ◽  
Professional Activity ◽  
Public Administrators ◽  
Public Governance ◽  
The Usa

Abstract The article deals with revealing the essence and structure of Masters’ of Public Administration professional training in the USA. It has been concluded that Public Administration studies the realization of government policies and trains future public administrators for professional activity; is guided by political science and administrative law; aims to improve the justice, equality, security and efficiency of public services. It has been indicated that the MPA degree is dedicated for those willing to work in public sector. It has been found out that MPA programs are designed to develop the abilities, skills and methods specialists use to realize policies, programs and projects as well as to resolve crucial issues within their organization and/or in society. It has been stated that in the United States of America Master of Public Administration (MPA) and Master of Business Administration programs (MBA) are quite similar, however, have certain differences. It has been defined that the MPA program focuses on different ethical and sociological criteria secondary for business administrators. Simultaneously MPA programs encompass economy courses to supply students with knowledge of microeconomic and macroeconomic issues. It has been specified that MPA programs are built on a range of core competencies defined by the Network of Schools of Public Policy, Affairs, and Administration (NASPAA). The list of the core competencies (to lead and manage in public governance; to participate in and contribute to the public policy progress; to analyze, synthesize, think critically, solve problems and make decisions; to articulate and apply a public service perspective; to communicate and interact productively with a diverse and changing workforce and citizenry) and their detailed characteristics have been presented. It has been identified that cultural competency of future public administrators has become an essential constituent of public affairs curricula. It has been concluded that the above-mentioned positive aspects of the experience may be used to improve future public administrators’ professional training in Ukraine.

Students for Law Schools and Faculties in Africa

1962 ◽  
Vol 6 (2) ◽  
pp. 81-90 ◽  
Author(s):  
Berthan Macaulay
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
African State ◽  
Customary Law ◽  
Law Schools ◽  
African Countries ◽  
The Public ◽  
Trade Unionism ◽  
Agriculture Industry ◽  
African Student

It is assumed in this article that there is an urgent need to establish in African states adequate facilities for legal education, and that such education should be of the highest possible standard and adaptable for the special needs of the new African countries. Hitherto much of the law in which an African student was instructed was that which was received from and is applied by the European colonial powers. He was not instructed in customary law or the special legislation of his country. Today the special legislation of a new African state has become increasingly important especially in the fields of co-operatives, trade unionism, agriculture, industry, public administration and social relations. Thus the lawyer of any African state whose only equipment is the received law, which in reality will remain a basis for the understanding of the new legislation, becomes ill-equipped for either private practice or the public service.

scholarly journals Sądowa kontrola decyzji organów podatkowych w sprawach ulg w spłacie zobowiązań podatkowych opartych na uznaniu administracyjnym

2021 ◽  
Vol 30 (4) ◽  
pp. 441
Author(s):  
Andrzej Niezgoda
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Case Law ◽  
Point Of View ◽  
Administrative Discretion ◽  
The Public ◽  
Procedural Law ◽  
Tax Relief ◽  
The Law ◽  
Administrative Courts

<p>The article is of a scientific-research nature. The author discusses the problem of limits of judicial review of discretionary decisions made by taxation authorities, which aim at applying relief in payments of tax liabilities under Polish regulations and case-law of administrative courts. It may be noted that despite the issue of administrative discretion being discussed in the academic literature, the question of limits of judicial review in the practice of administrative courts still raises doubts. It is therefore reasonable to undertake the analysis of the main views formulated in the literature and the case-law of administrative courts addressing this problem, from the point of view of the limits of judicial review of discretionary decisions. The thesis of the article is that the nature of discretionary decisions on relief in payment of tax liabilities, determined by the function of administrative discretion, and, at the same time, the criteria set out in the law for judicial review of public administration, limit the role of the administrative court in examining the compliance with procedural law of the tax proceedings preceding the issuance of such a decision and the respecting by tax authorities of the fundamental values of the system of law expressed in the Polish Constitution. This is because they define the limits of administrative discretion, within which the choice of one of the possible solutions remains beyond the judicial review of the public administration. For the law, as it stands (<em>de lege lata</em>) there are no grounds for administrative courts, provided that the tax authorities respect the basic values of the legal system expressed in the Polish Constitution, to formulate assessments as to the circumstances and reasons justifying the granting or refusal to grant a tax relief, or its scope. The concept of internal and external limits of administrative discretion may therefore be useful for administrative court rulings.</p>

scholarly journals MANAGEMENT (ADMINISTRATIVE) ACTIVITY OF THE CONTROLLING AUTHORITIES IN THE AREA OF TAXATION: ESSENCE AND TYPES

2019 ◽  
Vol 4 (5) ◽  
pp. 343 ◽  
Author(s):  
Olha Tylchyk ◽  
Yurii Riabchenko ◽  
Oleksandr Popivniak
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Legal Regulation ◽  
Administrative Law ◽  
Theoretical Background ◽  
Legal Analysis ◽  
Activity System ◽  
The Public ◽  
Scientific Analysis ◽  
Scientific Papers

The innovation of conceptual provisions of the administrative law doctrine that are based on the priority of rights, freedoms, legitimate interests of an individual, service orientation of the public administration authorities’ performance affects the essence of the controlling authorities’ management (administrative) activity in the area of taxation and requires its fundamental upgrade. Drafting of theoretical provisions as to the essence and the types of the controlling authorities’ management (administrative) activity in the area of taxation should be based on a profound theoretical and legal analysis of the existing concepts and doctrines and their comparison with the current developments in the public administration authorities’ performance that carry out similar activities. In addition, it’s reasonable to highlight the issues of legal regulation of the relations with respect to the controlling authorities’ management (administrative) activity carried out in the area of taxation. The research objective is to substantiate the theoretical background of the controlling authorities’ management (administrative) activity in the area of taxation set out in the form of a list of the substantive characteristics of such activity, the provisions that reflect its peculiarities, as well as the systematization of the lines and types of such activity. The object of the research is the social relations of a public-law nature, related to the activities of the controlling authorities in the area of taxation. The contemporary concepts and doctrines developed by the scientists through critical thinking constitute the theoretical basis of the scientific analysis. This article explores the scientific papers related to the issues of public administration, administrative law, and administrative activity. System-based approach constitutes the methodology of the scientific analysis which made it possible to single out the elements of the administrative activity system, to reveal their content and to take into account their specific features when determining the nature of the controlling authorities’ management (administrative) activity in the area of taxation. The result of this research is the theory that reveals the current essence of the specified activity and its lines. This article places emphasis on the existence of public and service component of the specified activity.

scholarly journals ORDER IN THE SYSTEM OF NORMATIVE LEGAL ACTS: GENERAL THEORETICAL ASPECT

2020 ◽  
pp. 232-242
Author(s):  
А.В. Чернышов
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Theoretical Aspect ◽  
Special Role ◽  
Management Process ◽  
The Public ◽  
Convenient Form ◽  
The Will ◽  
Definition Of ◽  
Form Of Expression

Аннотация. Статья посвящена исследованию системы правовых актов, в частности такой его разновидности как приказ. Отмечается, что правовые акты играют особую роль в процессе упорядочивания общественных отношений, посредством которых закрепляются определенные правила и требования как для всех граждан, так и для определенного круга лиц. Важное значение уделено процессу управления, который осуществляется посредством издания таких правовых актов органов управления как постановления, приказы, распоряжения, правила, инструкции и положения. Наиболее удобной формой выражения воли должностных лиц является приказ, с помощью которого возможно решение ежедневно возникающих вопросов в государственном управлении, а также утверждение им иных форм правовых актов (положения, инструкции, правила). Однако, отсутствие характеристики приказа в действующем законодательстве ведет к тому, что его относят к локальным актам, не обращая внимание на его нормативный характер. В статье проводится анализ дефиниции «приказ», выявляются его признаки, специфика применения в различных сферах. The article is devoted to the study of the system of legal acts, in particular of such a variety as an order. It is noted that legal acts play a special role in the process of streamlining social relations, through which certain rules and requirements are established for all citizens and for a certain number of persons. The importance is given to management process which is carried out by means of the publication of such legal acts of governing bodies as resolutions, orders, orders, rules, instructions and provisions. The most convenient form of expression of the will of officials is an order, by means of which it is possible to solve daily issues in the public administration, as well as to approve other forms of legal acts (regulations, instructions and rules). However, the absence of a characteristic of the order in the current legislation leads to the fact that it is classified as local acts, without paying attention to its normative nature. The article analyses the definition of "order," identifies its characteristics, specifics of application in various spheres.

scholarly journals COMPARISON OF PROFESSIONAL TRAINING OF PUBLIC SERVANTS IN SERBIA AND SELECTED COUNTRIES

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Igor Vukonjanski
Keyword(s):  
Professional Development ◽  
Public Administration ◽  
Professional Training ◽  
Monitoring And Evaluation ◽  
Civil Servants ◽  
Public Servants ◽  
The Public ◽  
Development Factor ◽  
State Administration ◽  
The Republic

The paper presents the experiences of Serbia and selected European Union countries in the field of professional development of civil servants as one of the most important factors in the reform processes of professionalisation and depolitization of the public sector. The performed comparison showed that the professional development of public servants in the observed countries has certain similarities, but also differences.Similarities relate firstly to the already established general consent to the treatment of this area as an important development factor for each state, then in the organization of management of professional development, as well as the technology of that performance with the accompanying evaluations. It was noted that the professional development of civil servants in the Republic of Serbia is still not being given the necessary attention in higher education, while significant improvements have been made in terms of improving the form of professional development through training and seminars.As for the technology of the observed professional development, it is in Serbia in the stage of constitution, and the expectations are that the latest amendments to the laws will improve this area. The significance of this contribution should be achieved through the work of the National Academy of Public Administration, as newly established centralized institutions entrusted with all expert and related executive and other state administration tasks related to the preparation, organization, monitoring and evaluation of the program of professional development of employees in public administration.

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