scholarly journals THE PUBLIC ADMINISTRATION SPHERE AS AN OBJECT OF LEGAL PROTECTION FOR ANTI-CORRUPTION LAWS

2019 ◽  
Vol 3 ◽  
pp. 3-5
Author(s):  
Oksana V. Pavlenko ◽  
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
The Public

MEASURES FOR PREVENTION OF CORRUPTION IN PUBLIC ADMINISTRATION IN R. MACEDONIA

2018 ◽  
Vol 28 (6) ◽  
pp. 1919-1923
Author(s):  
Tatijana Ashtalkoska-Baloska ◽  
Aleksandra Srbinovska-Doncevsk
Keyword(s):  
Public Sector ◽  
Public Administration ◽  
Legal Protection ◽  
The Public ◽  
Republic Of Macedonia ◽  
Modest Contribution ◽  
Serious Crime ◽  
New Strategy ◽  
Main Motive ◽  
The Republic

A number of abuses of power and position, daily committed for acquisition of unlawful profit, beyond of permitted and envisaged legal jobs, starting from the lowest level, to the so-called, daily corruption, which most often is related to existential needs and it acts harmless, not even grow into another form, to one that uses such profits as the main motive for generating huge illegal gains for a longer period of time, by exploiting and abusing high social position, corruption in public sector, but today already in private sector too, are part of corruption in the broadest sense, embracing all its forms, those who do not enter in zone of punishment and those who means committing of serious crime. It has many forms, but due to focusing on a particular problem, as a better way to contribute a solution, this paper will focus on the analysis of corruption in the public administration in the Republic of Macedonia, and finding measures for its prevention and reduction, which we hope will give a modest contribution to its real legal protection, not only in declarative efforts in some new strategy for its prevention and suppression.

scholarly journals Methods of Administrative and Legal Protection of Tax Relations: Theoretical and Legal Study

2019 ◽  
Vol 75 (4) ◽  
pp. 53-58
Author(s):  
K. S. Rohozinnikova
Keyword(s):  
Public Administration ◽  
Open Data ◽  
Legal Protection ◽  
Data Sets ◽  
Administrative Services ◽  
The Public ◽  
The Subject ◽  
State Coercion ◽  
The Relationship ◽  
Functional Purpose

The author of the article has provided the results of the analysis of the methods of administrative and legal protection taking into account the changes within the relations between public administration and taxpayers and the course chosen by the state for liberalization of tax relations. The place of the concept of the methods of administrative and legal protection in the term system of the science of administrative law and their dialectical relations with the methods of public administration and administrative activity has been established. The author has indicated generic and specific features of the methods of administrative and legal protection of tax relations, where the latter will depend on the peculiarities of the means and methods of influence used by the public administration for the purpose of exercising security functions. The system of methods of administrative and legal protection of tax relations has been offered to form from three elements: general methods of administrative activity (persuasion and coercion), service tools of influence (provision of administrative services, creation of electronic services and publication of open data sets) and organizational methods. The expediency of distinguishing service means of influence into a separate group of methods of administrative and legal protection has been proved. It is conditioned by their special functional purpose – creation of conditions for independent prevention of possible breach of protected relations by the taxpayer. The role and correlation of persuasion and coercion in the system of methods of administrative and legal protection of tax relations have been clarified. Despite the presented importance of the persuasion within the relationship between the controlling agencies and the taxpayers, it has been stated that state coercion remains the main mean of administrative and legal protection of tax relations. Particular attention has been paid on the need to reconsider the correlation of tax and administrative coercion within tax relations. It has been proved that the basis of their delimitation should be not the branch of legislation, where the authority to apply the appropriate measure is assigned, but the essential criterion and the subject matter of regulation (influence) – relations arising from incomplete calculation and late and incomplete payment of taxes and fees, or relationships related to the organization and enforcement of tax responsibilities and the proper exercise by the supervisory authorities of their powers. It has been emphasized that tax coercion, unlike administrative, performs both punitive and compensatory functions.

scholarly journals Legislation on Administrative Procedures: The German Experience

2021 ◽  
Vol 18 (2) ◽  
pp. 204-215
Author(s):  
A. D. Maile
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Procedural Law ◽  
General Order ◽  
Administrative Procedures ◽  
Administrative Act ◽  
The Law

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.

Analysis of Some of the Unanswered Questions That the Labour Collective Bargaining Presents Under the Framework of the Spanish Public Administration

2016 ◽  
Vol 14 (2-3) ◽  
Author(s):  
Carlos Arroyo
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Public Administration ◽  
Working Conditions ◽  
Legal Protection ◽  
The Public ◽  
Its Analysis

The collective bargaining over working conditions of employees in the Public Administration service finds a number of features that in some cases do not always have a clear legal protection and in others, they have some specific characteristics exclusively in the public sector, thus making it necessary to proceed to its analysis.

scholarly journals TRANSFORMATION OF SOVIET ADMINISTRATIVE LAW: UZBEKISTAN’S CASE STUDY IN JUDICIAL REVIEW OVER ADMINISTRATIVE ACTS

2020 ◽  
pp. 105-125
Author(s):  
Jurabek Nematov
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Legal Protection ◽  
Soviet Period ◽  
Legal Practice ◽  
Administrative Litigation ◽  
The Public ◽  
Legal Reforms ◽  
Legal Thinking ◽  
Judicial Protection

Judicial protection against individual and normative acts of the public administration continues to be problematic in Uzbekistan. One central reason for this mischief is the continuing prevalence of Soviet-style ideas and patterns in legal thinking as well as the legal practice. This article describes the problems of jurisdictions face when trying to overcome their Soviet heritage by developing legal protection in administrative matters, and analyses the strategies for the improvement of this situation. Key factors are a comprehensive and harmonised development of administrative procedure and administrative litigation in the field of legislation, and what might be termed a “constitutionalisation” of legal thinking, theory and teaching – i.e. the respect for values enshrined in Constitution such as the rule of law and access to judicial protection against the public administration – in the field of legal science. Uzbekistan is a good example how foreign partners and donors of international legal assistance can help strengthen these factors. This paper explores (1) to what extent Soviet thinking on judicial review over administrative acts has been set aside or to what extent is it still alive in today’s Uzbekistan, and (2) what are the transformation points of judicial review. Overall, I argue that Soviet thinking on judicial review over administrative acts has big change in legislation level under new regime of Uzbekistan, however legal reforms are not still accepted by legal practice, doctrine and legal education. To analyse these statements, the first step is to describe the main characteristics and legal reforms on judicial review over administrative acts taken in Soviet period (part II). Part III and IV analyses the current legal system and judicial practise of Uzbekistan. Lastly, I map out recent steps taken to introduce some reforms in the field of judicial review over administrative acts in Uzbekistan (part V).

scholarly journals FORMS OF ADMINISTRATIVE ACTIVITY OF PUBLIC ADMINISTRATION IN THE MECHANISM OF ADMINISTRATIVE LEGAL PROTECTION

2019 ◽  
pp. 123-127
Author(s):  
O. M. Pravotorova
Keyword(s):  
Property Rights ◽  
Public Relations ◽  
Public Administration ◽  
Legal Protection ◽  
Administrative Law ◽  
Administrative Services ◽  
The Public ◽  
Mandatory Rules ◽  
Legitimate Interests ◽  
Legal Entities

Determined that the administrative-legal protection is an institution of administrative law, which consists of uniform rules of administrative law, whose legal influence is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legitimate interests of individuals and legal entities through administrative tools: forms of administrative activity of public administration, administrative coercion and administrative procedures. It is determined that forms of administrative activity of public administration in the field of administrative and legal protection is a classic expression of their administrative activity in the implementation of executive and administrative activities and the provision of administrative services in order to restore or prevent violation of the rights, freedoms or legitimate interests of individuals and legal entities. At the same time, public administration entities can use the entire arsenal of forms of administration of public relations by public administration, namely the issuance of regulatory and individual administrative acts, the implementation of other legally significant actions and logistical operations. It has been found out that logistical operations to maintain and use public registers of property rights by the public administration provide for the prevention of most property rights violations, and restore the infringed property rights through the decisions of certain administrative commissions. It is emphasized that the instruments of public administrative activity include normative acts of public administration, administrative discretion in the activities of public administration and e-government. Public administration regulations differ from other acts in that they establish, modify or repeal rules of law - mandatory rules of conduct established and protected by the state. In performing its functions, the public administration in the exercise of administrative and legal protection has the opportunity to use all the most common forms of administration of public relations by the public administration, in particular, such as the issuance of regulatory and individual administrative acts, the implementation of other legally significant actions, logistical operations, etc.

scholarly journals EFFICIENCY OF ADMINISTRATIVE AND LEGAL PROTECTION: THEORETICAL ASPECTS

2019 ◽  
pp. 174-178
Author(s):  
O. M. Pravotorova
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Social Relations ◽  
Legal Protection ◽  
Administrative Law ◽  
The State ◽  
The Public ◽  
Legitimate Interests ◽  
Four Levels ◽  
Legal Entities

In the article, the key aspects of the effectiveness of administrative and legal protection are researched on the basis of current legislation and opinions on this issue of scholars in the field of administrative law. The author notes that administrative-legal protection is an institution of administrative law consisting of uniform rules of administrative law whose legal effect is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legal interests of individuals and juridical persons carried out for using administrative tools – forms of administrative activity of public administration, administrative coercion and administrative enforcement. The steady development of social relations in administrative law, the improvement of modern technologies, as well as the formation of an information society, could not but affect the state of efficiency of modern administrative and legal protection. The author states that the effectiveness of administrative and legal protection is an integral part of the theory and practice of such protection. Effectiveness of administrative and legal protection is the ability of public administration based on the norms of administrative law to qualitatively and timely restore violated rights, freedoms and legitimate interests of non-authorized individuals and legal entities, public interest of the state and society. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of the public administration in restoration of violated rights of non-authorized persons are generally fulfilled in the normative-legal acts; insufficient, characterized by frequent cases of non-renewal of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive from the state through the indirect activity of the public administration of protection, and dissatisfaction of citizens acquires a significant social weighty protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and the law-enforcement system is full of corruption, while the norms of administrative-legal protection change their humane and fair essence and themselves become factors of the destabilization of social relations. It is concluded that administrative-legal protection exists through a system of administrative-legal norms, and at the same time it is proved that it can not, from the point of view of epistemology of law, exist in such narrow limits as the state determines, it reflects objective social relations, protects the most important values, Which during this period of time may not yet find the formal registration in the sources of administrative law, is provided on the basis of administrative law and simultaneously governed by the norms of administrative law, which will establish not only the state, although it primarily. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of public administration set forth in normative legal acts in relation to the restoration of violated rights of non-authorities as a whole are fulfilled; insufficient, characterized by non-isolated cases, not the restoration of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive protection from the state through the indirect activity of the public administration; the dissatisfaction of citizens acquires significant social protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and corruption penetrates the law-enforcement system, while the norms of administrative-legal protection change their humane and fair essence and they themselves become factors of destabilization of social relations.

scholarly journals PROSPEK OMBUDSMAN REPUBLIK INDONESIA DALAM RANGKA MEMPERKUAT PELAKSANAAN EKSEKUSI PUTUSAN PERADILAN TATA USAHA NEGARA

2014 ◽  
Vol 3 (2) ◽  
pp. 163
Author(s):  
Enrico Simanjuntak
Keyword(s):  
Public Administration ◽  
Legal System ◽  
Good Governance ◽  
Legal Protection ◽  
The Public ◽  
The Republic ◽  
And Function

The position and function of Administrative Court so weak that the verdict is much neglected. Referring to the approach of the legal system, where the Administrative Court and Ombudsmen of Republic of Indonesia (ORI) equally aims to promote good governance and ensure the legal protection of the public from the actions of public administration law, the ORI is possible to be handed the duties and responsibilities as independent executor PERATUN decision. In the meantime, the Ombudsmen should be given the authority to promote, supervise and impose sanctions against the defendant who is not willing to implement the decision PERATUN or against other parties who obstruct the implementation of the decision PERATUN. Keywords: Administrative Court, Ombudsmen of the Republic of Indonesia, Independet Executor.

E-Projects Challenges in India – Role of Human Resource Management and Technology

2018 ◽  
Vol 6 (8) ◽  
pp. 263
Author(s):  
Ramnik Kaur
Keyword(s):  
Developing Countries ◽  
Public Administration ◽  
Paradigm Shift ◽  
Successful Implementation ◽  
The Public ◽  
Government Services ◽  
The Past ◽  
The Government ◽  
Traditional Approaches

E-governance is a paradigm shift over the traditional approaches in Public Administration which means rendering of government services and information to the public by using electronic means. In the past decades, service quality and responsiveness of the government towards the citizens were least important but with the approach of E-Government the government activities are now well dealt. This paper withdraws experiences from various studies from different countries and projects facing similar challenges which need to be consigned for the successful implementation of e-governance projects. Developing countries like India face poverty and illiteracy as a major obstacle in any form of development which makes it difficult for its government to provide e-services to its people conveniently and fast. It also suggests few suggestions to cope up with the challenges faced while implementing e-projects in India.

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