scholarly journals Control of the public authorities as a necessary condition for the existence of a democratic state

2015 ◽  
Vol 0 (130) ◽  
pp. 11-17
Author(s):  
С. А. Косінов
2021 ◽  
Vol 43 (3) ◽  
pp. 301-307
Author(s):  
Łukasz Goździaszek

Although writ proceedings in the Polish civil proceedings have been in operation since the beginning of the modern Polish civil process, there are still controversies in the aspect of fairly structured court proceedings. The defendant may be convinced that their procedural rights have been violated. It is a consequence of considering the case without prior notification of the defendant about the initiation of the proceedings. In such an approach, the judiciary may be perceived as not respecting the standards of a democratic state ruled by law. At the same time, to be closer to the notions of a totalitarian or authoritarian state, because it is not the procedural rights of an individual that are primary, but the effectiveness of the authorities’ actions. However, the concerns about the order for payment mechanism are unfounded as long as the model in which the order for payment is applied complies with the necessary requirements. First, the public authority deciding the case should have the attribute of impartiality. It is not necessary that payment orders are issued by a court. However, if the case is not heard by the court, the judicial control of such decisions is necessary. Second, the evidence should not be assessed. The presentation of specific evidence may, however, be a necessary condition for issuing an order for payment. The issue of the public body examining cases is related to the issue of evidentiary proceedings. These two elements define the nature of the order for payment by defining a procedure model. Finally, it should be pointed out that the order mechanism in a democratic state ruled by law should only supplement the examination of cases in ordinary proceedings (or separate proceedings distinguished by the party types). If the number of cases examined in separate proceedings is significant, and even more so if this way of dealing with cases prevails, ordinary proceedings may be merely an illusion. If in a significant number of cases simplified procedures leading to issuing an order for payment are applied, procedural guarantees related only to ordinary proceedings are irrelevant in such cases.


2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.


Author(s):  
A. A. Grynchak

The article analyzes the basic principles of regionalization in European countries and highlights the key features of the mechanism of functioning of public authorities in the context of regionalization. The European experience convincingly shows that an effective decentralized system of territorial organization of public power and administration is an integral part of a modern democratic state governed by the rule of law. The institutional basis for such a system is effective local government and balanced regional development. Decentralization and regionalization are interconnected: regionalization cannot occur without decentralization. Regionalization is, in fact, decentralization, taking into account the regional characteristics of the state. Based on the principle of division of powers, for each democratic state it is necessary to delineate the competence of public authorities. In turn, it is extremely important to determine the optimal level of concentration of power powers for each institutional link in the public power system - with the subsequent transfer of “excess” powers to the subjects as close as possible to the population, that is, their decentralization. Regionalization means a way of defining and delimiting tasks and functions, in which most of them are transferred from the level of central bodies to a lower level and become their own tasks and powers of lower-level bodies, in particular, regions. Governance at the local level and in local affairs can be carried out in two ways: both by officials of the state apparatus appointed “from above”, functioning “on the ground” (officials of state authorities), and by local governments and other entities authorized by the state. It can also be noted that the share of administrative activities is assigned to regional bodies or other state-authorized entities. This decentralization of power in the state contributes to the development of democracy, because there is an expansion of the influence of territorial communities, social groups and the public on the implementation of public functions of government in order to optimally meet the diverse needs of the population. Regionalization is associated with the process of redistribution of public power resources (including power) between different levels and centers of public power in two directions: from the state to its internal formation (autonomies, subjects of the federation), and also from the state to cross-border structures and international centers public authorities (trans-European regions, international organizations, transnational corporations). Regionalism should be understood as an interconnected political and economic system that ensures the special status of regional entities in the political system of the state, the participation of regions in the implementation of state power, European integration and international relations, their relative economic and fiscal independence in a unitary and/or federal state. Regionalism is also expressed in policies that stimulate the endowing the regions with a certain degree of political independence. Regionalism is associated with the desire and movement of regions towards freedom of self-government, preservation and respect of their traditional culture and peculiar institutions.


2020 ◽  
pp. 119-127
Author(s):  
Anastasiia Onishchenko

The crisis of legitimacy is an urgent problem in modern political science. After all, a necessary condition for the functioning of any democratic state is the legitimacy of power, recognition and support of the majority of the population. The main methods used for this article are: political science — analysis of specialized scientific sources allowed to identify specific features of political science interpretation of key concepts and trace their development within political science, comparative — allowed to compare modernist and postmodernist approach to understanding the legitimacy of power and identify their main features, systematic approach, allowed to consider complex and multifaceted process with the corresponding internal and external features of functioning, historical — research of transformation of understanding of concept of legitimacy. This article reveals the characteristic features of legitimacy in the pre-modern and modern times, however, the main focus is on the features of the legitimation of power in the postmodern era. Among them: the presence in the public consciousness and information space of a negative image of government and politics; total individualism; departure from modernist rationalism in the direction of creative search; legitimation through work with meanings, texts and images; rejection of the concept of «patience for the sake of the future» and the transition to the dominance of consumer society; the requirement to meet the needs of the «here and now». Through the active involvement of economic, cultural, religious and other spheres in politics, today we can speak of the disappearance of legitimacy in its pure form and the establishment of its connection with other socio-political and economic phenomena. Thus, to study this phenomenon today it is necessary to use the tools of other sciences, especially economics.


Author(s):  
Anastasiia Repetska

The structure of Legislative and Executive branches in the system of political communication in Ukraine, despite the comprehensive information resource of its institutions, is still lacking in its resonance of political rhetoric effectiveness at the stage of social articulation of social problems. The subjects of this structure are the Verkhovna Rada, the Cabinet of Ministers and the President of Ukraine. The reference to the functional feature of the government is a fairly common explanation of the process when the content of the concept of “Executive power” implies pragmatic actions. After all, the nature of technological operations of professionals in the fields of public administration models certain conditions for the emergence of political discourse. In the developed democracies, including Ukraine, to achieve maximum openness and transparency in the activities of the Legislative and Executive branches, predictable and effective mechanisms are functioning: political, regulatory, organizational, institutional, information and educational. Thus the transparency of the government must be properly ensured by the operation of the public dialogue at all of the decision-making stages, there should be a regular access to full, fair, accurate, understandable information about the actions of public authorities and its officials. In any democratic state, the effectiveness of public administration depends on the level of transparency and the quality of communication to the public on the work of its organs.


2017 ◽  
Author(s):  
Daniel Benatov

Our conference is the first project of Student Science Association, which was restored in our University in 1998. The main peculiarity of the conference is the student organizing committee. The conference was attended by representatives of Russia, Belarus, Sweden, Poland, Bulgaria, Armenia, Azerbaijan, Czech Republic, Lithuania, Latvia, Georgia, Iran, not mentioning hundreds of Ukrainian participants. We’re happy with the fact that our conference allows students to discover new information, which they wouldn’t find in training courses manuals; contrariwise businesses and organizations can get direct access to young and qualified staff. We believe that events like our conference are useful for the young scientists and also for the public authorities and businesses. Conference "Ecology. Human. Society "is a part of feedback between universities and market participants. The conference has overgrown limits of being simple educational process element. Today, it is a serious recruiting resource for state institutions and businesses - an important part of a mutually beneficial dialogue.


2020 ◽  
Vol 26 (11) ◽  
pp. 2501-2523
Author(s):  
V.V. Smirnov

Subject. This article discusses the issues related to public finance. Objectives. The article aims to identify the determinants, indicators, and priorities of the public finance flow in contemporary Russia. Methods. For the study, I used the methods of statistical, neural network, and cluster analyses, and the systems approach. Results. The article identifies and describes the determining indicators of the main aggregates and balances of public finance, sources, and the use of funds. It establishes a link between the main aggregates and balances of public finance, defining the form and content of Russian capitalism. Conclusions. Understanding the issue and problem of public finance flow in contemporary Russia helps identify the reasons for the inability to transit to a capitalist socio-economic formation. The provisions of the study expand the scope of knowledge and develop the competence of public authorities to make management decisions on the distribution and redistribution of the value of a public product and part of the national wealth.


Author(s):  
Yevgeny Victorovich Romat ◽  
Yury Volodimirovich Havrilechko

The article is devoted to research of theoretical problems of the concepts of the subject and object of public marketing. The definitions of these concepts are considered in the article, the evolution of their development is studied. The article provides an analysis of the main approaches to the notion of subjects and objects of public marketing, their relationship and role in the processes of public marketing. The authors proposes concrete approaches to their systematization. These approaches allow us to identify specific types of public marketing and their main characteristics. Relying on the analysis of the concept of “subject of public (state) management”, it is concluded that as bodies of state marketing, most often act as executive bodies of state power. In this case, the following levels of marketing subjects in the system of public administration are allocated: the highest level of executive power; Branch central bodies of executive power; Local government bodies; Separate government agencies. It is noted that the diversity of subjects of public marketing is explained, first of all, by the dependence on the tasks of the state and municipal government, the possibilities of introducing the marketing concept of these subjects and certain characteristics of the said objects of state marketing. It is noted that the concept of “subject of public marketing” is not always the identical notion of “subject of public administration”. First, not all public authorities are subjects of state marketing. In some cases, this is not appropriate, for example, in the activities of the Ministry of Defense of Ukraine or the Ministry of Internal Affairs of Ukraine. Secondly, state marketing is just one of many alternative management concepts, which is not always the most effective in the public administration system.


Author(s):  
_______ Naveen ◽  
_____ Priti

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.


Societies ◽  
2021 ◽  
Vol 11 (3) ◽  
pp. 71
Author(s):  
Ourania Tzoraki ◽  
Svetlana Dimitrova ◽  
Marin Barzakov ◽  
Saad Yaseen ◽  
Vasilis Gavalas ◽  
...  

The ongoing ‘refugee crisis’ of the past years has led to the migration of refugee researchers (RRs) to European countries. Due to the COVID-19 pandemic, RRs often had to work from home and/or to continue their social, cultural and economic integration process under new conditions. An online survey carried out to explore the impact of the pandemic on the refugee researchers showed that RRs found it difficult to adapt their everyday working life to the ‘home’ setting. The majority have had neither a suitable work environment at home nor the appropriate technology. Although they stated that they are rather pleased with the measures taken by the public authorities, they expressed concern about their vulnerability due to their precarious contracts and the bureaucratic asylum procedures, as the pandemic has had a negative impact on these major issues. The majority of RRs working in academia seem not to have been affected at all as far as their income is concerned, while the majority of those employed in other sectors became unemployed during the pandemic (58%). Recommendations are provided to the public authorities and policy makers to assist RRs to mitigate the consequences of the pandemic on their life.


Sign in / Sign up

Export Citation Format

Share Document