scholarly journals La Administración en el Campo del Derecho: Una Breve Aproximación Conceptual

Summa Iuris ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 209
Author(s):  
Lucas David Acevedo Muñoz

Al ser el Derecho una ciencia interdisciplinar, que ha requerido para su desarrollo el abordaje de otras disciplinas no solo en temas conceptuales, sino además en procedimientos y técnicas, instrumentalizado otros campos del conocimiento y se valió de ellos para garantizar la armonía en la convivencia entre ciudadanos, y para regular las relaciones entre ciudadanos y Estado, entendido como el conjunto de población, territorio y soberanía (poder). El Estado, en aras de lograr una organización que garantice la primacía de los intereses generales, así como sus fines, ha implementado un modelo de Administración encaminado al funcionamiento correcto y no excluyente de la función pública. La administración ha sido entendida como aquella ciencia social que tiene por objeto; planear la distribución de los recursos, dirigir su organización y ejercer el control sobre estos. Así las cosas, si bien en el marco de la función pública, se cuenta con los recursos mismos de la administración, debe sumársele a ello, que la administración pública, también comprende administración de funciones, pues lo que compone el ejercicio del Estado en su estructuración, es la distribución de estas para el cumplimiento de los deberes constitucionales. En este sentido, se indaga, por cuál es el significado, en primer lugar restringido del concepto de Administración como ciencia propia, para luego conocer el término compuesto de administración pública, pues tal calificativo cambia el contexto, variando además las calidades de quienes ejecutan dicha ciencia, esto es, los administradores.Given the fact that law is an interdisciplinary science, requiring for its development the study of other disciplines – not only in conceptual issues but in its procedures and techniques- it has made use of different fields of knowledge to guarantee the harmony in the coexistence among citizens and to regulate the relations between the citizens and the State, understood as the unit formed by population, territory and sovereignty (power). The State, with the purpose of achieving an organization that guarantees the primacy of general interest, as well as its purposes, has implemented a model of administration towards the correct functioning, not excluding the public function. The administration has been understood as the social science aiming at planning the resources, managing the organization and controlling them. Hence, even if in the frame of the public function there are the resources of the same administration, it should also be considered that the public administration comprises the administration of functions, as what constitutes the exercise of the State in its structures is the distribution of those functions for the achievement of the constitutional duties. In this sense, the paper asks about the meaning, in the first place restricted to the concept of Administration as a science, to then get to know the composed term Public Administration, as this qualification changes the context, varying also the qualities of those who exercise that science, which are the administrators.

2012 ◽  
Vol 30 (2) ◽  
pp. 76-91 ◽  
Author(s):  
Peter Barberis

By examining issues concerning the role and nature of the state together with the character of public bureaucracy, this article shows that, as a practical activity, public administration retains a distinct identity. Notwithstanding the many changes that have taken place in the public sector during recent years, programmes of study in the subject still have much to offer. Such programmes should reassert their place within the social sciences. Their virtues should be proclaimed with confidence, while resisting misplaced calls for more narrowly focused vocationalism.


Author(s):  
I. Kolosovska

Problem setting. In the context of modern transformation processes, the modernization of the public administration system becomes important, in particular in the application of qualitatively new strategic approaches, mechanisms and tools in the social sphere. The current priority of public policy implementation at both the national and regional (local) levels is to meet the social needs of the most vulnerable and socially vulnerable categories of citizens. Current trends in public administration practices in developed countries indicate the need for effective intersectoral partnership in the system of public management of the social sphere, which provides for effective participation in this process, both relevant government institutions and civil society actors.Recent research and publications analysis. Problems of public management of the social sphere, public administration influence on social processes are characterized by considerable attention among both foreign and Ukrainian researchers. Highlighting previously unsettled parts of the general problems. Despite significant scientific interest, the issues of substantiation of the role of decentralization in the formation of the principles of qualitative renewal of the content of the public administration system in the social sphere, the influence of state institutions on social processes, identification of trends and main directions of decentralization on the formation of strategy and modernization of public administration social sphere, etc.Paper main body. Based on the fact that the state level is of decisive and integrated importance in the implementation of the social function, the social responsibility is borne primarily by the state through the system of legislative and executive bodies. In view of this, it is the state that has the power to establish fair and transparent rules for the activities of various actors, including civil institutions, through the functioning of an effective system of control that would ensure their implementation.Researchers and experts point out the inconsistency of the current state policy of social development in Ukraine neither with the challenges formed under the influence of globalization processes and national conditions, nor with European standards for the introduction of this area of public administration.The system of social services provided by the current legislation is largely inconsistent with the current system of budget funding, which is mostly based on a formal approach that does not take into account the real need for material security of vulnerable groups and the real cost of benefits and services.Among the areas set out in the draft of the new National Strategy for Civil Society Development in Ukraine for 2021-2026, emphasis is placed on improving approaches to state support for civil society organizations and strengthening cooperation between them and the executive branch. In particular, one of the main tasks of the Strategy is to expand the mechanisms of support of civil society organizations by the state, as well as to increase the order of services from such organizations.Conclusions of the research and prospects for further studies. Processes of modernization of public administration in the social sphere should include the following key areas: regulatory (provides for the completeness and integrity of regulatory standards for the implementation of sectoral / functional policies and guarantees of social rights); organizational and institutional (consists in improving the institutional support of public management of the social sphere); functional-instrumental (provides for ensuring the integrity of the organizational-functional structure; effective coordination of the functioning of institutions); financial and economic (is to optimize the financial mechanisms for the implementation of tasks of social development and functioning of the social sphere); infrastructural (provides for the modernization of the social services system through the state's demonopolization of the social services market); resource (provides for the development and integration of different types of resource provision).


Author(s):  
Nataliia Luhovenko ◽  

The relevance of a question of redistribution of obligations of the state on accomplishment of social and economic tasks leads both to revision of its functions, and to delegation of some of them to the public sector. Current trends of development of society lead to change of views of such classical category as "function". In article scientific approaches to determination of the concept "functions" as categories of management of modern scientists and founders of managerial science who studied the theory and the history of management during the different periods are investigated. The author in details analysed essence and characteristic of the term "function" and "functionality" in the context of the public and branch management and also the emphasis on various forms of their treatments is placed. On the basis of the analysis of a large number of determinations and formulations of this category, own determination of functions of public administration in the social and economic sphere of Ukraine is formulated. The list of the main functions of the state which accomplishment influence forming and development of modern Ukrainian society is specified. Separately also separation into the general and support functions of public administration is specified, their contents is analysed. In the course of the research are formulated and opened own understanding of the concept "function" of various spheres of management. In article it is assumed that function of observation it is better than the state performs society in the desire to aspiration of justice. Refining of function of observation, as such following from control and the analysis is also offered. It is noted if management has such purpose as personnel filling and resource providing, then functions have to be guided accurately from these requirements. Analyzing a question of functions of public administration, the author noted that consideration of problems of the social and economic sphere demands special functionality which in turn has to be modernized according to market requirements and a maturity of society.


2020 ◽  
Vol 22 (4) ◽  
pp. 82-118
Author(s):  
YANA TOOM ◽  
◽  
VALENTINA V. KOMLEVA ◽  

The article studies the main stages and features of the evolution of the public administration system in the Republic of Estonia after 1992. This paper presents brief geographical and socio-economic characteristics that largely determine the development of the country’s public administration. The evolution of the institution of the presidency, executive, and legislative powers are considered. The role of parliament and mechanisms for coordinating the interests of different groups of the population for the development of the country is especially emphasized. The authors analyze the state and administrative reforms of recent years, which were aimed at improving the quality of services provided to the population, increasing the competitiveness of different parts of Estonia, as well as optimizing public spending and management structure. The introduction of digital technologies into the sphere of public administration, healthcare, education, and the social sphere is of a notable place. Such phenomena as e-residency, e-federation, and other digital projects are considered. The development of a digital system of interstate interaction between Estonia and Finland made it possible to create the world’s first e-federation, and the digitization of all strategically important information and its transfer to cloud storage speaks of the creation of the world’s first e-residency, a special residence of data outside the country’s borders to ensure digital continuity and statehood in the event of critical malfunctions or external threats.


2020 ◽  
Vol 22 (1) ◽  
pp. 92-97
Author(s):  
KONSTANTIN A. KORSIK ◽  
◽  
ANASTASIYA A. PARFENCHIKOVA ◽  

The article is devoted to the review of current changes in the legislation on notaries related to the development of electronic civil circulation, analysis of existing digital risks and assessment of the role of notaries in combating them. In modern economic realities, a significant expansion of the sphere of competence of the notary is carried out by introducing completely new notarial actions into the scope of the notary’s terms of reference. At the same time, the notary does not just follow the general ‘digital’ trend, but independently makes significant efforts to effectively perform the tasks of the social sphere regulator assigned to it by the state. The creation of the Unified Notary Information System as part of the formation of the technological infrastructure to ensure the security and stability of legal relations in the context of electronic civil circulation takes to a new level the quality of notarial services and the security of legally relevant information. The role of notaries significantly increases in conditions when the use of digital technologies in the economy, public administration, social sphere becomes one of the main vectors of world development, and society and the state inevitably face the flip side of this process – digital risks that jeopardize the safety of participants in civil turnover and their property. In 2020, as part of the implementation of the national program ‘Digital Economy’, it is planned to introduce a number of innovations that will create the basis for a stable and secure ‘digital’ turnover.


2021 ◽  
Vol 12 ◽  
pp. 215013272199545
Author(s):  
Areej Khokhar ◽  
Aaron Spaulding ◽  
Zuhair Niazi ◽  
Sikander Ailawadhi ◽  
Rami Manochakian ◽  
...  

Importance: Social media is widely used by various segments of society. Its role as a tool of communication by the Public Health Departments in the U.S. remains unknown. Objective: To determine the impact of the COVID-19 pandemic on social media following of the Public Health Departments of the 50 States of the U.S. Design, Setting, and Participants: Data were collected by visiting the Public Health Department web page for each social media platform. State-level demographics were collected from the U.S. Census Bureau. The Center for Disease Control and Prevention was utilized to collect information regarding the Governance of each State’s Public Health Department. Health rankings were collected from “America’s Health Rankings” 2019 Annual report from the United Health Foundation. The U.S. News and World Report Education Rankings were utilized to provide information regarding the public education of each State. Exposure: Data were pulled on 3 separate dates: first on March 5th (baseline and pre-national emergency declaration (NED) for COVID-19), March 18th (week following NED), and March 25th (2 weeks after NED). In addition, a variable identifying the total change across platforms was also created. All data were collected at the State level. Main Outcome: Overall, the social media following of the state Public Health Departments was very low. There was a significant increase in the public interest in following the Public Health Departments during the early phase of the COVID-19 pandemic. Results: With the declaration of National Emergency, there was a 150% increase in overall public following of the State Public Health Departments in the U.S. The increase was most noted in the Midwest and South regions of the U.S. The overall following in the pandemic “hotspots,” such as New York, California, and Florida, was significantly lower. Interesting correlations were noted between various demographic variables, health, and education ranking of the States and the social media following of their Health Departments. Conclusion and Relevance: Social media following of Public Health Departments across all States of the U.S. was very low. Though, the social media following significantly increased during the early course of the COVID-19 pandemic, but it still remains low. Significant opportunity exists for Public Health Departments to improve social media use to engage the public better.


Author(s):  
N. Kalashnyk

Problem setting. The COVID-19 pandemic, global quarantine, quarantine restrictions created the conditions for society to react quickly. Digital technologies are now being used more intensively, and the public administration sector is no exception. At the same time, the country's development requires systematic strategic and tactical decisions that will accelerate the introduction of modern digital technologies in all spheres of Ukrainian society, also forming and implementation of public policy at various levels of government. The analysis of recent researches and publications. Problems of digital society are studied by such Ukrainian scientists as O. Klepanchuk, O. Petryk, S. Lisovsky, S. Romanyuk, L. Rudenko (the emphasis – achieving by Ukraine the goals of sustainable development, where the development of the digital society is considered as one of the tools); issues of implementation of e-government and e-democracy are studied by A. Emelyanova, S. Loboyko, O. Maevska, A. Semenchenko, V. Dreshpak; research on the implementation of public policy in a particular area, including in the field of justice and the provision of administrative services, are among the research interests of Y. Starylov, J. Sobko, I. Markvych and others. Among foreign researchers, these issues are being investigated by C. Emmanuelli, N. Jain, N. Maechler, D. Malfara etc. Highlighting previously unsettled parts of the general problem: the main contradictions, trends, problems and prospects for the provision of digital public services, based on the conditions created by the COVID-19 pandemic, namely – the application of quarantine restrictions; influence of digitalization on the public policy forming in Ukraine. Paper main body. The article analyzes the problems inherent in modern Ukrainian society in connection with the rapid digitalization processes, that have taken place over the past year. The influence of digitalization on the forming and implementation of public policy is considered on the example of the activity of the Ministry of justice of Ukraine. Based on the results of a survey of civil servants and local government officials conducted by the author, the main trends, problems and prospects for providing public services online are identified. 2020 turned out to be the crisis year for all mankind on the one hand, and on the other hand – it encouraged the rapid development of certain industries, including the field of digital transformation. In public administration, this has been embodied in promoting the use of digital services and governance platforms. In the direction of forming and implementation of justice state policy main efforts are aimed at building online interaction between citizens and the state, reducing the number of paper documents, more efficient administration of open state registers, ensuring control at each step of citizens' appeals, reducing corruption risks. minimization of the human factor in the processes of providing administrative services. The author conducted the survey among students of the Lviv Regional Institute for Public Administration of the National Academy for Public Administration under the President of Ukraine on the provision of administrative services online. 66 applicants from eight regions of Ukraine were involved in the survey. The question was asked: what hinders the development of administrative services online? Among the answers, the most common are (in order from most popular to least): low technical literacy of service consumers; technical unpreparedness of networks;  unpreparedness of the citizens; unpreparedness of officials; insecurity of the information processed; lack of habit to use online;   distrust to the state. Conclusions of the research and prospects for further studies. Contradictions of the digital society development in Ukraine include: the digital divide (the gap in the level of digital equipment); technological unemployment; digital dependence and digital control; digital opportunities for crime; unlimited digital space and its content; the need for large-scale efforts and resources to address the digital space, and needs will only increase; unavailability of information created by bodies-not information managers; form of obtaining information, information is created or obtained in a form unsuitable for machine processing; method of information processing – non-interoperability of data sets from different managers. Among the factors that will determine digitalization processes on the public policy forming in Ukraine, we consider: increasing the technical literacy of service consumers; improving the technical readiness of networks; work with the population to promote the tools of consumption of administrative services online; training of officials to work in the digital space; taking measures to protect information held by the authorities; forming the habit of using online in the field of forming and implementation the public policy; increasing the level of trust to the state.


2014 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Tawanda Zinyama ◽  
Joseph Tinarwo

Public administration is carried out through the public service. Public administration is an instrument of the State which is expected to implement the policy decisions made from the political and legislative processes. The rationale of this article is to assess the working relationships between ministers and permanent secretaries in the Government of National Unity in Zimbabwe. The success of the Minister depends to a large degree on the ability and goodwill of a permanent secretary who often has a very different personal or professional background and whom the minster did not appoint. Here lies the vitality of the permanent secretary institution. If a Minister decides to ignore the advice of the permanent secretary, he/she may risk of making serious errors. The permanent secretary is the key link between the democratic process and the public service. This article observed that the mere fact that the permanent secretary carries out the political, economic and social interests and functions of the state from which he/she derives his/her authority and power; and to which he/she is accountable,  no permanent secretary is apolitical and neutral to the ideological predisposition of the elected Ministers. The interaction between the two is a political process. Contemporary administrator requires complex team-work and the synthesis of diverse contributions and view-points.


2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Marina Rúbia Mendonça Lôbo De Carvalho ◽  
Andressa Guimarães Freire

<p>Os atos, condutas e comportamentos do Poder Público gozam de presunção de legitimidade, gerando, em diversas situações, expectativas nos indivíduos. Pode o Estado, no uso de suas prorrogativas, violar aquelas expectativas, causando efeitos negativos à ordem econômica, por despertarem desconfiança e instabilidade nas relações com o Poder Público. Delimitada a ênfase do presente trabalho à função administrativa do Estado, visou-se compreender o princípio da proteção da confiança como instrumento de tutela da expectativa legítima do indivíduo, por impor limites à Administração Pública na anulação de atos administrativos. Nessa situação, viu-se que referido princípio pode conflitar com a legalidade e a autotutela, sendo o caso de se buscar um juízo de ponderação, que resultará na manutenção do ato ou na sua anulação, esta podendo ser com efeitos <em>ex tunc</em>, com efeitos <em>ex nunc</em> ou com a modulação temporal dos efeitos para um determinado momento futuro.</p><p> </p><p>The acts, practices and behaviors of the Public Power in the exercise of legitimation, can generate, in several situations, expectations in individuals. The Estate, in use of its prerogatives, can breach expectations, generating a negative economic response, lack of confidence and instability in its relations. Thus, the principle of protection defends the preservations of these state acts, which effects extend in time, giving the individual an expectation of continuity, even if they are illegal or unconstitutional. Delimiting the emphasis of the present work on the administrative function of the State, it was intended to understand the principle of the protection of trust as an instrument to protect the legitimate expectation of the individual, for imposing limits to the Public Administration in the annulment of administrative acts. In this situation, it was seen that this principle may conflict with legality and self-assessment, being the case of seeking a weighing judgment, which will result in the maintenance of the act or its annulment, this being possible with the temporal modulation of the effects for a certain future moment.</p><p> </p><p> </p>


2004 ◽  
Vol 43 (1) ◽  
pp. 95-98 ◽  
Author(s):  
Faiz Bilquees

Commissioned by the Council of Social Sciences (COSS), this volume evaluates the seventeen social sciences departments in the public universities in Pakistan for a given set of parameters. The social sciences departments or the topics covered in this volume and their respective authors include: Teaching of International Relations in Pakistani Universities (Rasul Bakhsh Rais); Development of the Discipline of Political Science in Pakistan (Inayatullah); The Development of Strategic Studies in Pakistan (Ayesha Siddiqa); The State of Educational Discourse in Pakistan (Rubina Saigol); Development of Philosophy as a Discipline (Mohammad Ashraf Adeel); The State of the Discipline of Psychology in Public Universities in Pakistan: A Review (Muhammad Pervez and Kamran Ahmad); Development of Economics as a Discipline in Pakistan (Karamat Ali); Sociology in Pakistan: A Review of Progress (Muhammad Hafeez); Anthropology in Pakistan: The State of [sic] Discipline (Nadeem Omar Tarar); Development of the Discipline of History in Pakistan (Mubarak Ali); The Discipline of Public Administration in Pakistan (Zafar Iqbal Jadoon and Nasira Jabeen); Journalism and Mass Communication (Mehdi Hasan); Area Studies in Pakistan: An Assessment (Muhammad Islam); Pakistan Studies: A Subject of the State, and the State of the Subject (Syed Jaffar Ahmed); The State of the Discipline of Women’s Studies in Pakistan (Rubina Saigol); Peace and Conflict Resolution Studies (Moonis Ahmar and Farhan H. Siddiqi); and Linguistics in Pakistan: A Survey of the Contemporary Situation (Tariq Rahman).


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