scholarly journals Anticorruption Constraints as a Manifestation of the "Coherent Force" of Human Rights in the Activities of Public Administration Actors

2021 ◽  
Vol 7 (2) ◽  
pp. 80-91
Author(s):  
Tetiana KOLOMOETS ◽  
◽  
Valerii KOLPAKOV ◽  
Igor KOVBAS ◽  
◽  
...  
Keyword(s):  
Human Rights ◽  
Quality Assurance ◽  
Public Administration ◽  
Main Task ◽  
Optimal Model ◽  
Binding Force ◽  
Legal Enforcement ◽  
Legitimate Expectations ◽  
Rule Making ◽  
Proper Response

The search for an optimal model for relationships between individuals and entities of public administration should go hand in hand with the statutorization of the guarantees of individual rights, freedoms and legal interests, including the principle of protection of legitimate expectations of individuals in their relations with public administration entities. The research provides grounds for believing that anti-corruption restrictions for entities of public administration are the components of the above-mentioned principle since they act as a manifestation of the binding force for the latter, emphasizing anthropocentric nature of their activity. It is the standardization of models for resource utilization in regard to the activities of public administration entities with the use of anti-corruption restrictions that makes the trust of an individual to public entities possible. It also makes the actions and decisions of the latter predictable, let alone enables unification of interpretation and application of national and international legislation. Using the resource of anti-corruption restrictions, which is aimed to make it impossible for public administration entities to get distracted from their main task of protecting and realizing individuals’ legitimate expectations, a sound doctrinal analysis of the phenomena is advisable for establishing the new and consistent with the latest advances in the legal science basis for rule-making and legal enforcement in the sphere of relations between individuals and entities of public administration. Owing to the statutorization of the use of relevant anti-corruption restrictions as well as compliance with technicalities and proper response to modern challenges, the conclusion is made about a great potential for quality assurance of the anti-corruption law with its availability, intelligibility for all legal entities in the sphere of public administration, unification of its use and interpretation and hence the predictability of the decisions and actions of public administration entities, guarantee of realization and protection of the legitimate expectations of individuals in their relations with the latter.

scholarly journals EUROPEAN STANDARDS FOR THE RIGHT TO FREEDOM OF MOVEMENT AND RIGHT TO FREE CHOICE OF RESIDENCE

2020 ◽  
pp. 63-68
Author(s):  
K. Yablunovska
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Scientific Knowledge ◽  
Free Choice ◽  
Legal Regulation ◽  
Member States ◽  
Freedom Of Movement ◽  
Eu Member States ◽  
The Right ◽  
Rule Making

The article examines the system of standards for the right to freedom of movement and the right to free choice of residence that exist in the European Union. A wide range of general and special legal methods and techniques of scientific knowledge are used, in particular: comparative law, systemstructural and formal- dogmatic research methods, as well as the methods of scientific knowledge (analysis and synthesis, induction and deduction, classification, etc). As a result of the study, the author substantiates the scientific position that the existing system of standards for the right to freedom of movement and the right to free choice of residence in Ukraine only partially meets the standards of these rights that exist in EU member states. The difference between these standards exists on the level of specifics of legal regulation for the implementation of these human rights by family members of citizens of EU member states, as well as the goals pursued by the implementation of relevant standards. Bringing Ukrainian standards of these human rights in line with European counterparts involves rule-making activities of public administration. The source of such rule-making should be Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (2004). The effectiveness of bringing Ukrainian standards for the right to freedom of movement and the right to free choice of residence in line with EU standard will be increased significantly if the public administration has standards for legal regulation of relations between it and individuals in the process of exercising these rights by the latter. In our opinion, the Allgemeine Verwaltungsvorschrift zum Freizügigkeitsgesetz / EU (AVV zum FreizügG / EU) (General Administrative Code of the Law on Freedom of Movement of Citizens) can be considered as such a standard, as it is created in strict accordance with the EU Directive and other EU legal acts

Energy in Public Administration - Between Human Rights and Efficient Administration

2015 ◽  
Vol 3 (2) ◽  
pp. 227-241
Author(s):  
Mirko Pecaric
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Legal System ◽  
Human Dignity ◽  
Human Mind ◽  
Public Affairs ◽  
Reciprocal Relation ◽  
Legal Principles ◽  
Informal Practices

This paper explores recent notions in public administration, which are intertwined and addressed to the administration of public affairs. On this basis it demonstrates that content of legal system is filled through the static legal principles and rules, but they receive their real content through the informal practices and conditions of the human mind. The paper concludes that discussed notions could have only one name, because they all are the synonyms of reciprocal relation between the human dignity and efficient administration.

Solidarity and Social Justice in the European Union Seventy Years after the Universal Declaration of Human Rights: The Role of European Judges

2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Social Progress ◽  
Economic Policies ◽  
International Level ◽  
The European Union ◽  
Human Beings ◽  
Government Programs ◽  
Binding Force

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

Prospects for the development of normmaking using information technologies

2020 ◽  
Vol 70 (2) ◽  
pp. 115-119
Author(s):  
A.B. Sadvakasov ◽  
Keyword(s):  
Public Administration ◽  
State Policy ◽  
Information Technologies ◽  
New Technologies ◽  
Economic Relations ◽  
Legal Norms ◽  
New Information ◽  
Rule Making ◽  
Consistent Approach

A consistent approach to improving the quality of draft of normative legal acts contributes to the development of socio-economic relations in the country, reducing bureaucratic procedures and generally improves public administration. The quality of rule-making and its effectiveness largely determine the implementtion of a particular state policy task. Kazakhstan has created all conditions for the development of legislation and its improvement. Moreover, measures are being taken to introduce new information technologies to adjust existing legal norms. The article describes the existing system of state rulemaking, as well as the prospects for using new technologies.

Diplomatic Protection: Taking Human Rights Extraterritorially

2007 ◽  
Vol 44 ◽  
pp. 299-352
Author(s):  
Noura Karazivan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
The United Kingdom ◽  
Current State ◽  
Diplomatic Protection ◽  
Human Rights Treaties ◽  
Legitimate Expectations ◽  
Jus Cogens ◽  
To Receive

SummaryThis article argues that states should have a limited obligation — and not only a privilege — to extend diplomatic protection to their nationals when they are facing violations of their most basic human rights abroad. The author addresses the current state of international law regarding diplomatic protection, with a focus on the International Law Commission's failed attempt to impose a duty on states to exercise protection in cases of jus cogens violations. A review of domestic case law, particularly in the United Kingdom, Canada, Germany, and South Africa, shows that while some courts recognize legitimate expectations to receive diplomatic protection, all are reluctant to exercise judicial review of a denial of diplomatic protection. The author nevertheless examines whether adherence to international human rights treaties could entail a positive obligation for states to exercise diplomatic protection in order to protect the human rights of their nationals that are ill-treated abroad.

scholarly journals CIVIL AND CRIMINAL RULES OF THE BABYLONIAN LAW

2013 ◽  
Author(s):  
Ion Tutuianu
Keyword(s):  
Human Rights ◽  
Social Status ◽  
Public Administration ◽  
Scientific Development ◽  
Family Obligations ◽  
The Law ◽  
The Right ◽  
Administrative Penalty

By its age and principles, Babylonian law has drawn attention of all epochs, laying at the basis of scientific development of modern law. The regulation, more than 4000 years ago, of property, family, obligations, public administration, succession, probation principle, represents the proof that the institutions which today regulate these aspects, have been a preoccupation for mankind ever since its beginning. Even if penalties were distributed depending on social status, a progressive element is represented by the fact that the act could only be punished if it met the condition of intent. The legal monument of this system of law, Hammurabi Code, has an important signification by the fact that upon that date, the law and the judges aimed at ensuring life to citizens and to guarantee them certain rights, considerably more than other countries in the epoch. It is striking that in antiquity, the right of succession lies all the children regardless of the number of marriages and criminal aspect beyond class character, crimes regulation retained the substance, the changes incurred on penalties take into account the evolution of human rights, as how malpractice mutilation was replaced by pecuniary or administrative penalty.

scholarly journals Integrity Advisors and the Development of Administrative Communication Culture

2019 ◽  
Vol 4 (1) ◽  
pp. 29
Author(s):  
Balázs J.D. Hohmann
Keyword(s):  
Organizational Culture ◽  
Public Administration ◽  
Main Task ◽  
Research Experience ◽  
Administrative Authority ◽  
The Public ◽  
Service Training ◽  
Complementary Part ◽  
Integrity Management ◽  
Corruption Prevention

The integrity advisers are the central actors of integrity management systems of the administrative organizational structure, whose main task is to promote the implementation of the integrity approach within state administration institutions. As a complementary part of this task, we can separate the tasks of corruption prevention and the improvement of organizational integrity, of which the latter being discussed in more detail in this research and presentation. Integrity advisers play a key role in the development of organizational culture among public administration bodies, such as bodies exercising administrative authority. Looking at the topic more closely, with regard to the activities of integrity advisers, it can be clearly established that one of the engines of their operation is the proper and deep communication, which is not only necessary within the public administration and inter-agency transactions, but it also means communication activities that can be interpreted in the relationship between the public and clients. Equally important is their training and other activities aimed at developing staff awareness, relationships, situation assessment and action practices, which, in addition to and in part within public service training, provide an opportunity to shape organizational culture. The presentation and the paper aims to show the role of integrity advisors in developing organizational culture and transparency in the administration based on recent research experience about online presence of integrity advisors and in-depth interview surveys.

scholarly journals THE EFFECTIVENESS OF ORGANIZATIONAL WORK IN PUBLIC ADMINISTRATION

2020 ◽  
Vol 3 (2) ◽  
pp. 50
Author(s):  
Nitta C Sasmita ◽  
Charisma A. Fitrananda
Keyword(s):  
Public Administration ◽  
Modern Society ◽  
Main Task ◽  
Organized Activities ◽  
Organizational Goals ◽  
Group Activities ◽  
Organizational Work ◽  
Formal Arrangement ◽  
Management Functions ◽  
Day By Day

Human efforts to work together systematically in the sense of deliberate, planned and directed towards a goal, called organization. Complexity in organizations is increasing day by day and requires a new dimension in modern management in dealing with changes and their consequences. The main task of management is to try to ensure and plan everything, especially related to the emergence of changes outside the organization which ultimately requires the holding of strategic changes in the organization so that it can survive that is equipped with strong human resources. The success of a job is very dependent on all parties involved in implementing the achievement of organizational goals, both in government and the private sector in carrying out their duties in accordance with the management functions carried out correctly. One of the management functions that must be considered is coordination, which is very instrumental in determining organizational steps to achieve its objectives. Coordination is one of the management functions in carrying out these various jobs precisely, quickly and effectively to reduce mistakes. Such coordination is the task of the administrator at the top level of the organization for the activities of his subordinates. Group activities carried out with the awareness of cooperation can be called organized activities which in modern society the activities will be carried out in a more formal arrangement. All of this is intended to achieve work at various levels in order to achieve organizational effectiveness. The effectiveness of the organization in question is the result of work that is right on target and is appropriate in accordance with predetermined planning or in accordance with the desired results at various levels of the organization in order to achieve the targets set together

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.

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