scholarly journals Constitutional and legal principles of regionalization in European countries: structural and functional characteristics of the mechanism of public power

2021 ◽  
Author(s):  
A. A. Grynchak
Keyword(s):  
Local Governments ◽  
Local Level ◽  
The State ◽  
European Countries ◽  
Federal State ◽  
Public Authorities ◽  
Public Power ◽  
Decentralized System ◽  
The Public ◽  
Democratic State

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.

The Public Sector as a Good Employer: The Application of the Acquired Rights Directive to Public Authorities

2001 ◽  
Vol 4 ◽  
pp. 153-165
Author(s):  
Amandine Garde
Keyword(s):  
Public Service ◽  
Service Provision ◽  
The State ◽  
Public Authority ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
General Law ◽  
Definition Of ◽  
Economic Function

Advocate General Mayras described a public authority as ‘that which arises from the sovereignty and majesty of the State; for him who exercises it, it implies the powers of enjoying the prerogatives outside the general law, privileges of official power and powers of coercion over citizens’.This quotation has an eighteenth century flavour and is difficult to adapt to the complex legal and economic system of the European Community the extraordinary remit of which has extended to many activities traditionally reserved to the State and to public authorities. The scope of this remit blurs the distinction between what could be termed the exercise of a public power and what could be termed the exercise of an economic function. The ‘Europeanization of public service provision’ has thus rendered the definition of a ‘public authority’ elusive. One of the areas where such a definition has been particularly problematic is the protection of employees’ rights in the event of the transfer of an undertaking.

scholarly journals The System of Public Authorities of the Russian Federation: Concept, Characteristics, Interaction

2021 ◽  
Vol 18 (2) ◽  
pp. 192-203
Author(s):  
М. N. Kobzar-Frolova
Keyword(s):  
Russian Federation ◽  
The State ◽  
Public Authority ◽  
Constitutional Court ◽  
State Council ◽  
Federal Law ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
The Russian Federation

The entry into force of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation and the qualitative changes that were made to the text of the latter led to legislative activity. Laws were adopted, reflecting the changes made to the text of the Constitution, and containing new and / or little-studied terms, concepts, phenomena. Special attention of scientists and researchers was attracted by the Federal Law “On the State Council of the Russian Federation”, which came into force in December 2020, which for the first time legalized such terms as “public power”, “unified system of public power”, etc. The position is also of interest, expressed in the conclusion of the Constitutional Court of the Russian Federation dated March 16, 2020 No. 1-З in connection with the request of the President of the Russian Federation. It became necessary to give explanations and Author’s comments on the positive law of the country caused by these novelties. The term “public authority” is not a novelty for Russian legal science, but it has not been widely studied, and in connection with legislative changes it acquires new qualities, characteristics that need explanation and justification. The legislator provides an extensive definition of these terms. This makes it necessary to comprehend their essence, highlight the main elements of the public power system and demonstrate their political and legal ties, as well as the forms of interaction that take place in the public law regulation of relations between the subjects (elements) of a unified system of public power. Purpose: to investigate the essence of the concepts of “public power”, “unified system of public power”, to identify the characteristic features of the concept of “unified system of public power”. Among the main tasks: to show the political and legal ties and forms of interaction that arise between the subjects (elements) of a single system of public authority. Methods: logical, analytical, comparative legal, dialectical methods, allowing to reveal the essence, internal connections and the ratio of concepts enshrined in the federal law “On the State Council of the Russian Federation”, to reveal the features of a unified system of public authority. Results: state authorities are listed that correspond to the characteristics specified by the legislator, political and legal ties and forms of interaction that arise between the subjects (elements) of a unified system of public authority are identified, conclusions corresponding to the study are drawn.

scholarly journals PUBLIC-PRIVATE PARTNERSHIP AS THE MECHANISM OF THE RURAL TERRITORIES’ DEVELOPMENT

2019 ◽  
pp. 20-26
Author(s):  
Mariia Ilina ◽  
Yulia Shpyliova
Keyword(s):  
Rural Areas ◽  
Local Governments ◽  
Local Level ◽  
National Level ◽  
Public Private Partnership ◽  
The State ◽  
The Other ◽  
State Support ◽  
Private Partnership ◽  
The Public

Public-private partnership is the instrument of cooperation between state and business. It has many forms and functions but the only purpose to improve welfare of the territories. In relations between state and business the partnership can play dominant, subsidiary or supervisory role, regulate the institutional mechanism of financial cooperation, develop strategies, solve conflicts and provide social, communal and infrastructure services. Currently implementation of the public-private partnership mechanism in Ukraine is complicated because of shortcomings and gaps in legislation, deficit of different levels budgets, institutional inability of local governments to plan and implement partnership projects and low efficiency of economic activity of business entities. Concerning implementation of the mechanism on rural areas it should be substantially enhanced at the national level for many reasons. Firstly economic situation in most rural areas in Ukraine is depressed and community budgets lack funds. It proves the necessity to intensify economic cooperation and introduce other forms of cooperation. On the other hand, many negative socio-demographic trends (migration, depopulation, social exclusion and marginalization) are inherent in rural areas. It makes difficult for local governments to cooperate with communities members. Capability of the state to support partnerships is also complicated major because of underdeveloped organizational and economic support mechanism. Lack of annual plans to finance partnership projects, funds, technical support to implement projects, and no ways to get state guarantees are the evidence. Taking into account rural territories have no much capacity for development, the mechanism of public-private partnership should include the following key steps: identifying priority areas for PPP application, considering socio-economic potential of different types of the territories and social relevance of a project for a community; improving the qualification level of project management personnel; involvement of the private sector into infrastructural projects; state support for pilot projects; ensuring more transparency in decision making and use of budget resources and simplifying project selection requirements. Implementation of the PPP mechanism on rural areas will improve their infrastructure and satisfy social needs of residents. In order to improve the mechanism of state support for the implementation of PPP projects at the local level it is needed to establish a national specialized agency, define clearly powers of the state authorities, local self-government authorities and members of communities involved into PPP implementation. The other task is to create an informational framework. The purpose of the article is to substantiate how the public-private partnership’s mechanism can work on rural areas.

The Public Sector as a Good Employer: The Application of the Acquired Rights Directive to Public Authorities

2001 ◽  
Vol 4 ◽  
pp. 153-165
Author(s):  
Amandine Garde
Keyword(s):  
Public Service ◽  
Service Provision ◽  
The State ◽  
Public Authority ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
General Law ◽  
Definition Of ◽  
Economic Function

Advocate General Mayras described a public authority as ‘that which arises from the sovereignty and majesty of the State; for him who exercises it, it implies the powers of enjoying the prerogatives outside the general law, privileges of official power and powers of coercion over citizens’. This quotation has an eighteenth century flavour and is difficult to adapt to the complex legal and economic system of the European Community the extraordinary remit of which has extended to many activities traditionally reserved to the State and to public authorities. The scope of this remit blurs the distinction between what could be termed the exercise of a public power and what could be termed the exercise of an economic function. The ‘Europeanization of public service provision’ has thus rendered the definition of a ‘public authority’ elusive. One of the areas where such a definition has been particularly problematic is the protection of employees’ rights in the event of the transfer of an undertaking.

scholarly journals The place of local government bodies in a unified system of public government bodies of Russia: issues of theoretical implementation

2021 ◽  
Vol 25 (4) ◽  
pp. 750-767
Author(s):  
Levan T. Chikhladze ◽  
Olga Yu. Ganina
Keyword(s):  
Russian Federation ◽  
Local Governments ◽  
The State ◽  
Public Authorities ◽  
Theoretical Understanding ◽  
Scientific Methods ◽  
Legal Norms ◽  
The Public ◽  
Basic Law ◽  
The Russian Federation

The introduction of amendments to the Constitution of the Russian Federation necessitated a theoretical understanding of the established legal norms after their legislative update. Inclusion in the text of the state basic law of the public authorities concept, which requires its theoretical understanding, is of unconditional interest. To identify the specifics of the position of local self-government bodies in the state mechanism, depending on a particular model of state governance, it is necessary to study the experience of organization and functioning of the state apparatus at various historical stages. The aim of the study is to analyze the concepts of theoretical scientists on the legal nature and role of public authorities in the life of the state and to determine the position of local authorities in the public authority system in connection with consolidation of their unity with public authorities in the basic law of the state. In the process of research, the authors used general scientific methods of analysis and synthesis, as well as specific scientific methods - historical and comparative legal. It is concluded that, despite the novelty of the concept of public authorities in the text of the basic law of the state, conceptually it does not change the basis of the functional interaction of public authorities and local governments. Nevertheless, the normative consolidation of the unity of public authorities in the Constitution of the Russian Federation does not abolish the organizational separation of local self-government and its bodies from public authorities.

scholarly journals Topical issues of improving the provision of free primary legal assistance to members of a territorial community by local governments of Ukraine

2020 ◽  
pp. 136-144
Author(s):  
Mykola Kompaniets
Keyword(s):  
Civil Rights ◽  
Local Governments ◽  
Local System ◽  
The State ◽  
Legal Assistance ◽  
Legal Aid ◽  
Public Authorities ◽  
Public Power ◽  
Long Time ◽  
The Right

The purpose of this article is to study topical issues of improving the provision of free primary legal assistance by local governmentsof Ukraine to members of a territorial community. It has been proved that the provision of free primary legal aid by local self-government bodies to residents – members of a territorialcommunity is a fairly new competence of this level of public authorities – and, given its particular importance in protectinghuman and civil rights and freedoms, which is carried out in the local system of such protection human rights at the level of a local territorialcommunity, which is created by the local self-government bodies themselves, objectively requires its improvement, as well asfurther organizational, organizational and legal support and support.It is argued that the reasons for the objectification, actualization and contextualization of the provision of free primary legal aidby local governments are a number of factors of an objective and subjective nature, which are manifested in the process of organizingsuch work, which include: a) the formation and development of the system of local self-government in the state European standard;b) the peculiarities of the official recognition and legalization of the distribution of interests between the two levels of public power –public state power and public self-governing (municipal) power, as well as their embodiment in legislative drafting and lawmaking;c) conflictogenic motives inherent in the emergence of a new management paradigm – the competence of the local self-governmentbodies themselves, the presence of which was not recognized for a long time in the doctrine of national administrative law; d) the pre -sence in the administrative discourse in the sphere of exercising public power of the state – especially in the drafting of norms (legislation)and rulemaking (legislation) of a false methodological position regarding the deliberate duplication of powers of local governmentbodies of different levels, local government bodies and executive bodies; e) the right of local governments to the priority provisionof free primary legal aid, which follows from the systemic interpretation of Art. 3 of the profile Law of Ukraine “On Free Legal Aid”of 2011, according to which such a right is guaranteed by the Constitution of Ukraine the possibility of individuals with different legalstatus – a citizen of Ukraine, a foreigner, a stateless person, including a refugee or a person in need of additional protection, to receivefree primary legal assistance in full, as well as the possibility of a certain category of persons to receive free secondary legal assistancein the cases provided for by this Law.

Spatial and Institutional Analysis of the Voivodships Expenditure on Culture in the Years 2003 – 2015

e-Finanse ◽  
2019 ◽  
Vol 15 (3) ◽  
pp. 67-75
Author(s):  
Adam Mateusz Suchecki
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Local Governments ◽  
Local Level ◽  
Institutional Analysis ◽  
The State ◽  
Cultural Institutions ◽  
Location Quotient ◽  
Local Authorities ◽  
National Heritage

AbstractFollowing the completion of the process of decentralisation of public administration in Poland in 2003, a number of tasks implemented previously by the state authorities were transferred to the local level. One of the most significant changes to the financing and management methods of the local authorities was the transfer of tasks related to culture and national heritage to the set of tasks implemented by local governments. As a result of the decentralisation process, the local government units in Poland were given significant autonomy in determining the purposes of their budgetary expenditures on culture. At the same time, they were obliged to cover these expenses from their own revenues.This paper focuses on the analysis of expenditures on culture covered by the voivodship budgets, taking into consideration the structure of cultural institutions by their types, between 2003-2015. The location quotient (LQ) was applied to two selected years (2006 and 2015) to illustrate the diversity of expenditures on culture in individual voivodships.

scholarly journals Renewable Energy Attitudes and Behaviour of Local Governments in Poland

Energies ◽  
2021 ◽  
Vol 14 (10) ◽  
pp. 2765
Author(s):  
Joanna Rakowska ◽  
Irena Ozimek
Keyword(s):  
Renewable Energy ◽  
Local Governments ◽  
Local Development ◽  
Local Level ◽  
Environmental Benefits ◽  
Local Authorities ◽  
The Public ◽  
Energy Behavior ◽  
Public Aid ◽  
Energy Projects

The deployment of renewable energy at the local level can contribute significantly to mitigating climate change, improving energy security and increasing social, economic and environmental benefits. In many countries local authorities play an important role in the local development, but renewable energy deployment is not an obligatory task for them. Hence there are two research questions: (1) Do local governments think investments in renewable energy (RE) are urgent and affordable within the local budgets? (2) How do they react to the public aid co-financing investments in renewable energy? To provide the answer we performed qualitative analysis and non-parametric tests of data from a survey of 252 local authorities, analysis of 292 strategies of local development and datasets of 1170 renewable energy projects co-financed by EU funds under operational programs 2007–2013 and 2014–2020 in Poland. Findings showed that local authorities’ attitudes were rather careful, caused by financial constraints of local budgets and the scope of obligatory tasks, which made renewable energy investments not the most urgent. Public aid was a factor significantly affecting local authorities’ behavior. It triggered local authorities’ renewable energy initiatives, increasing the number and scope of renewable energy investments as well cooperation with other municipalities and local communities. Despite this general trend, there were also considerable regional differences in local authorities’ renewable energy behavior.

Institutional pressures influencing environmental management accounting adoption by Malaysian local governments

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Che Ku Hisam Che Ku Kassim ◽  
Noor Liza Adnan ◽  
Roziani Ali
Keyword(s):  
Environmental Management ◽  
State Government ◽  
Local Governments ◽  
Management Accounting ◽  
The State ◽  
Institutional Pressures ◽  
Content Type ◽  
The Public ◽  
Reporting Practices ◽  
Environmental Management Accounting

Purpose Because of the heightened environmental awareness of the public, local governments (LGs) are being pressured to improve on the extent and quality of environmental disclosures (EDs) provided in an array of reporting media. The lack of an accounting tool to identify, measure and report EDs has propelled the infusion of environmental management accounting (EMA) to support the reporting practices. This paper aims to examine the institutional pressures influencing EMA adoption by Malaysian LGs. Design/methodology/approach Using the consensus approach, a self-administered questionnaire survey is conducted on accountants in LGs in Peninsular Malaysia. The items in the questionnaire are based on the findings of prior studies on EMA adoption. Findings The results suggest that coercive isomorphism from the state government is perceived to be the influential institutional factor placing intense pressures on LGs to adopt EMA. Research limitations/implications The results solidify the potential role of the state government in any public policy changes which could further stimulate and promote the adoption of EMA. Originality/value Insufficient empirical evidence on the adoption of EMA in LGs within a developing country’s perspective contributes to a limited understanding on the development of environmental-related practices in different economic stages and environment as well as within the public sector’s perspective.

CIVIL SOCIETY AS THE MAIN DRIVER SUSTAINABILITY OF COMMUNITIES IN CONDITIONS OF DECENTRALIZATION

2017 ◽  
Author(s):  
Alla Orlova ◽  
Keyword(s):  
Civil Society ◽  
National Security ◽  
Financial Stability ◽  
Local Level ◽  
The State ◽  
Community Sustainability ◽  
Strategic Decisions ◽  
Public Authorities ◽  
Business Structures ◽  
The Impact

The article considers a set of issues related to the formation of sustainability in the state at different levels of government: national, regional and local, with an emphasis on the sustainability of territorial communities. The concept of "sustainability" is defined, the criteria of sustainability for national security and its components at the local level are analyzed, in particular, in the formation of affluent communities. Sustainability is considered in various aspects: as a component of national security and defense of the state, in relation to the concepts of "cohesion" and "national security". Financial stability is justified as an important sign of the viability of local communities. The role of civil society in shaping the sustainability of communities is revealed, as well as different views of scientists on the impact of civil society on sustainability are analyzed. The foreign experience of implementation of the basic principles of sustainability in the life of communities is studied. The most important component of sustainability is the ability of the community to consolidate to counteract harmful and dangerous external and internal influences. Open partnership of public authorities with business structures and the public should be a prerequisite for this. It is proved that in the conditions of decentralization and various internal and external challenges, civil society (active citizens and civil society institutions) can and should be a driver of community sustainability. It is assumed that the implementation of state policy to promote the development of civil society should create a solid foundation of democracy in Ukraine as a component of national sustainability. Since the systemic mechanisms for ensuring national sustainability in the Ukrainian state at both national and local levels are not yet fully formed, the development and implementation of comprehensive strategic decisions in this area requires proper scientific substantiation, which is why the author’s contribution to this topic.

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