scholarly journals LEGAL AND ORGANIZATIONAL PRINCIPLES OF PREVENTION OF CORRUPTION IN THE FIELD OF PUBLIC ADMINISTRATION OF UKRAINE

Author(s):  
Olena Sakhan ◽  
Yaroslav Morozov

Problem setting. Increased corruption at all levels of government has led to a significant minimization of the efficiency and performance of the entire system of political institutions, negatively affected the socio-economic well-being of the population, hampered the foundations of democracy, rule of law and civil society, created a real threat to Ukraine's national security. Therefore, the problem of preventing and combating corruption in the field of public administration is relevant and needs to be addressed immediately. Recent research and publications analysis on the prevention and combating of corruption in public authorities and local government shows a significant interest of scientists (N. Armash, K. Babenko, Y. Bisaga, A. Horowitz, K. Dubich, L. Campbell, I. Kerusauskaite, M. Kornienko, V. Tertyshnyk, S. Lazarenko, N. Lord, M. Melnyk, F. Mendes, A. Novak, S. Rose-Ackerman, I. Skobina, A. Stevanovich, V. Trepak, J.  E. Foster, I. Shvydkyi and many others) to improve mechanisms to combat corruption in Ukraine. However, despite numerous studies and effective proposals to overcome this destructive phenomenon in the public sector, this problem remains unresolved. Goal setting. The purpose of this article is to find effective legal and organizational tools to combat corruption in public administration in the conditions of the modern development of the Ukrainian state. Paper main body. During the years of independence, corruption has taken root at all levels of government and in many spheres of society, which was facilitated by political, economic, socio-psychological, organizational and managerial reasons. In addition, numerous forms of corruption were institutionalized into informal destructive institutions (nepotism, cronyism, patrimonialism, clientelism, favoritism, etc.), which led to the establishment of clan governance practices and leveling any prospects for state development. Based on the analysis of legal and organizational principles of preventing corruption in public authorities and local self-government, the authors propose a number of effective tools to combat corruption in the sphere of public administration, including, for example, high-ranking officials’ reports on their wealth and income through e-declarations, the institution of whistleblowers, control by anti-corruption bodies and public organizations over the wealth of those in power, the integrity of civil servants, anti-corruption activities of the media and anti-corruption education. Conclusions of the research. In order to optimize the current anti-corruption mechanisms, we consider it appropriate to take into account such factors as comprehensive rule of law and improvement of anti-corruption norms in order to prevent gaps and avoidance of legal liability for corruption, ensuring transparency of all management processes as well as transparent use and disposal of budget funds, adherence to the principles of openness and accessibility of information on the activities of public authorities and local self-government and ensuring effective interaction between public authorities and civil society organizations, a fair justice system, independent media and an active civil society.

Author(s):  
Mona Ali Duaij ◽  
Ahlam Ahmed Issa

All the Iraqi state institutions and civil society organizations should develop a deliberate systematic policy to eliminate terrorism contracted with all parts of the economic, social, civil and political institutions and important question how to eliminate Daash to a terrorist organization hostile and if he country to eliminate the causes of crime and punish criminals and not to justify any type of crime of any kind, because if we stayed in the curriculum of justifying legitimate crime will deepen our continued terrorism, but give it legitimacy formula must also dry up the sources of terrorism media and private channels and newspapers that have abused the Holy Prophet Muhammad (p) and all kinds of any of their source (a sheei or a Sunni or Christians or Sabians) as well as from the religious aspect is not only the media but a meeting there must be cooperation of both parts of the state facilities and most importantly limiting arms possession only state you can not eliminate terrorism and violence, and we see people carrying arms without the name of the state and remains somewhat carefree is sincerity honesty and patriotism the most important motivation for the elimination of violence and terrorism and cooperation between parts of the Iraqi people and not be driven by a regional or global international schemes want to kill nations and kill our bodies of Sunnis, sheei , Christians, Sabean and Yazidi and others.


Author(s):  
A. Lipentsev ◽  
O. Voytyk ◽  
N. Maziy

Problem setting. The system of public administration is a complex set of related elements and entities that interact with each other, so the manifestation of negative corruption minimizes the possibility of achieving positive results in the process of these communications. Special attention should be paid to the functioning of the customs system, which is an important part of the national economy of Ukraine. In this area, corruption abuses are extremely pronounced, given the peculiarities of the customs industry. This problem is acute and urgent, as its existence causes the progression of those negative phenomena that are currently present in the customs system of Ukraine and reduce the effectiveness of public administration in general.Recent research and publications analysis. The issue of corruption in the context of public administration is the subject of research by many scientists: V. Averyanov, O. Antonova, V. Bashtannyk, Y. Bytyak, I. Borodin, A. Vasyliev, I. Golosnichenko, E. Dodin, L. Koval, V. Kolpakov, A. Komzyuk, N. Lypovska, V. Olefir, O. Ostapenko, I. Pakhomov, O. Petrenko, S. Seryogin, I. Khozhylo, V. Shamray, H. Yarmaki etc. Given the wide range of researchers who study the specifics of corruption in the context of public administration, it is worth noting the significant gaps in the assessment of this issue from a sectoral perspective. In particular, it should be noted the great need to study corruption in customs and find ways to minimize this shameful phenomenon in modern conditions.Highlighting previously unsettled parts of the general problem. The need to analyze corruption processes in the customs authorities and substantiate offers for anti-corruption actions in the field of public administration led to the choice of the topic of the article.Paper main body. Corruption in the general sense can be defined as the illegal activity of persons called to perform the functions of the state, in the form of misuse of their powers in order to obtain benefits by increasing their material wealth, obtaining illegal services or benefits.Global trends indicate the presence of corruption in all countries, so this issue is a priority in solving all spheres of life, both developed and developing countries. In particular, public administration of European countries in the political, informational, institutional and legal context is aimed at combating corruption. To this end, there are such institutions common to EU countries as Greco, the Venice Commission, Olaf, Eurojust, Europol and others. At the interstate level, they coordinate and provide information and analytical support for anti-corruption measures, develop common legal standards in the form of community regulations.In the field of public administration, there is a sufficient legal resource on the basis of which it is possible to ensure anti-corruption policy in the state and, in particular, in the customs sphere. However, the customs system is characterized by a wide range of unresolved issues related to corruption abuses. Accordingly, there is a need to develop offers for overcoming and preventing corruption: development and implementation in the practice of customs authorities of methodological recommendations relating to their employees and aimed at resolving conflicts related to corruption; observance by customs officers of relevant ethical norms, which must harmonize with anti-corruption activities; effective application of responsibility to those guilty of corruption and comprehensive implementation of measures aimed at combating corruption; clear identification of those responsible for corruption in areas where there is a high risk of such abuses; regulation of procedures aimed at preventing corruption of customs officers in the performance of their official duties.Anti-corruption in customs authorities in the context of ensuring the effectiveness of public administration should include the implementation of the following measures: development of conceptual foundations of anti-corruption policy in the customs sphere; adopt a Code of Ethics for Customs Officers in accordance with the needs of anti-corruption policy; effective implementation of the principle of equality before the law in the context of reducing corruption; ensuring equal responsibility for corrupt actions not only for individuals but also for legal entities; ensure the absence of immunity from corrupt practices for officials, including senior executives; delimit the powers of bodies engaged in anti-corruption activities; to intensify the public to combat corruption; wide informing of the public about cases of corruption in customs bodies.Conclusions of the research and prospects for further studies. The problem of corruption in public authorities is a long-standing and painful issue in Ukraine. This problem is especially acute in the activities of customs authorities, as their activities are directly related to foreign economic activity, significant flows of goods and flows of financial resources across the customs border of the state. In turn, this is a direct threat to the country’s national security. Given the fact that Ukraine ranks relatively low in global rankings on the existence of corruption abuses, it is necessary to take decisive measures to reduce the manifestations of this phenomenon, in particular, in the customs authorities.


1990 ◽  
Vol 24 (3-4) ◽  
pp. 341-355 ◽  
Author(s):  
David Kretzmer

It would be impossible in a short lecture to give a comprehensive survey of all the changes that have occurred in the last forty years in that branch of law known as “Israel common law”. I will not, therefore, try to do so. Instead, I wish to single out the most distinctive phenomenon in this area of law. I refer to the conceptual/intellectual revolution in the outlook of the court regarding the nature of its judicial function. The original view, according to which the sole function of the court in the area of public law is to decide disputes between citizens and public authorities, has been abandoned and replaced by an outlook that views the court as an institution responsible for the legality of public administration, or, as the court itself is accustomed to defining the matter, for the rule of law.I shall divide my discussion into two parts. In the first part I will briefly discuss the prominent changes that have occurred in the judicial decisions regarding public law in recent years, and the judicial philosophy underlying these changes.


2016 ◽  
Vol 5 (2) ◽  
pp. 138-143
Author(s):  
Щеголева ◽  
Natalya Shchegoleva ◽  
Щеголев ◽  
Sergey Shchegolev

The article analyzes the process of political and legal socialization. The necessity to prioritize the for-mation of active life position of today´s youth with the aim of building a civil society and rule of law. The authors emphasize the advisability of not only development, but the effective implementation of the civil society and public authorities versatile system of measures aimed at its support and development of youth associations.


2020 ◽  
Vol 10 ◽  
pp. 18-22
Author(s):  
Aleksandr V. Averin ◽  
◽  
Irina V. Pogodina ◽  
Danila A. Avdeev ◽  
◽  
...  

Governments are showing an interest in, or incorporating, gamification into their governance processes and/or services to citizens. The article describes the concept of gamification, examines its potential from the point of view of using elements of the game in public administration, for example, on the websites of authorities and special platforms, as well as in offline mode. The conclusion is made about the goals of introducing gamification into the practice of public authorities. The state administration can not only be the author of these projects, but also assist civil society institutions (public associations, citizens) in their development.


Author(s):  
M. Lylyk

Problem setting. Regular contacts between representatives of different cultures determine the need to solve problems that always arise in the form of the need to adapt representatives of one culture in the conditions of their existence in another culture. It is important to understand that the cooperation of such entities on a professional basis also requires the development of approaches that would allow a high level of effectiveness of such interaction. A special role should be played by public authorities and management, designed to implement the relevant functions. Recent research and publications analysis. At the present stage, the issue of intercultural communication is covered in the works of such scientists as Hasanov Z., Zasluzheniuk V., Kucherian S., Miroshnichenko V., Zhornova O., Nieto S., Rulker T. and others. Socio-cultural environment forms certain patterns of behavior of individuals, as claimed by such researchers as Verbytska P., Manakin V., Traiger G., Hall E., Shaigorodskyi Y. and others. Scientists argue that intercultural communication underlies the implementation of civilized relations observed in modern society. Highlighting previously unsettled parts of the general problem. It should be noted the need for in-depth research in the context of public administration, as this aspect is extremely important for state building and the transition to a new communicative format among the population and public authorities. Such research should begin with the elucidation of the theoretical foundations and features of intercultural communication in public administration. Paper main body. Communication will be effective if the participants of the communication process are able to understand each other. It occurs in accordance with the worldview of an individual and is the main way of human communication. The term “intercultural communication” appeared in the scientific literature in the 1970s. Already in the next decade there was a significant surge of interest in the issue of intercultural communication among specialists in the field of linguistics, psychology, culturology and sociology. Currently, there are a large number of special institutes and scientific schools that study the features of intercultural communication The set of terminological positions of intercultural communication gives grounds for such generalizations. The subjects of intercultural communication are the representative of one culture as the producer of the message and the representative of another culture as the recipient of this message. Intercultural communication should be considered as “adequate mutual understanding of two participants in a communicative act who belong to different cultures”. The interaction of parties with different experiences, and their individuals are the  different patterns of behavior that have historically developed in different periods. This refers to a communicative format in which the sender and recipient of information belong to different cultures. In the process of studying the peculiarities of intercultural communication, it is necessary to focus on the study of differences between cultures on the basis of the theory of four dimensions: the first dimension is the distance of power; the second dimension is individualism and collectivism; the third dimension is the avoidance of uncertainty; the fourth dimension is male and female. The public aspect is dominant in intercultural communication, as it is realized through open interactions, which in one way or another must regulate, coordinate and be guided from the outside. Publicity in this case manifests itself as the influence of certain external factors, the most important of which is public authority. In particular, the power-management vectors aimed at ensuring that the process of intercultural communication is carried out within the legislative and regulatory framework of those countries in which such communicative interaction is observed. And public authorities and administration are called to perform the following functions: to inform participants of intercultural communication by placing information in the media, on the official websites of government agencies, providing answers to inquiries, etc.; to advise communicators in order to acquaint the parties with the position of public administration bodies regarding a particular format of behavior; to conduct a dialogue with the participants of intercultural communication by transmitting the necessary information bilaterally and waiting for the relevant results; to cooperate with the authorities and participants of intercultural communication on the basis of partnership. Conclusions of the research and prospects for further studies. The studied concept has a sufficient justification in the scientific literature. Based on the versatility and multifaceted nature of this definition, it is correct to say that it is closely related to various sciences and worldviews, which allows us to deeply understand the importance of understanding the term under study by participants in intercultural communication. The sphere of public administration contributes to the establishment of effective cooperation between representatives of different cultures and countries, while performing a number of functions. The main ones are informative, consultative, partnership and dialogue function. Effective cooperation between public authorities and participants in intercultural communication helps to improve the quality of the communication process and meeting of the goals.


2020 ◽  
Vol 4 (4) ◽  
pp. 14-27
Author(s):  
Lichia Y iu ◽  
Raymond Saner ◽  
Roland Bardy

Maintaining and expanding public goods is synonymous with promoting sustainable development but discussions are needed to clarify how policies need to be coordinated to enable collective action on public goods. Collective action for Public Goods will only be successful if all who partake in such actions can gain complimentary benefits that would be either more costly or impossible to achieve without the collective effort. Such complementary benefits are possible provided all stakeholders contributing to the public good of social peace and social cohesion cooperate with each other and preserve this and other public goods be they citizens, civil society organizations, all public authorities and all business firms. This concerted effort for a good cause can certainly be coined “ethics in action” – a notion which exhibits the moral foundation of the private and public choices inherent in sustainable development implementation of which interactions amongst stakeholders are no longer transactional, but rather aspiring toward greater good. Civil society organizations are key stakeholders producing, maintaining, and benefitting from Public Goods. They should strive for full inclusion, as there are many people who are either excluded or under-provided with respect to public goods. Public authorities, another key stakeholder group, need to cooperate with other stakeholders through collaborative frameworks and mechanisms for collective action that bind states and international organizations at a global scale. Another important stakeholder group, private and public enterprises need to operate within a level playing field globally, conduct business based on Responsible Business criteria and be welcomed to contribute to Public Goods creation in a sustainable and proactive manner without causing negative impacts due to their business activities. This paper presents and discusses how collective action can be achieved through concerted efforts by all members of society aiming to produce and maintain public goods essential for the sustained and equitable functioning of society. The UN 2030 Agenda for Sustainable Development serves as a shared roadmap in achieving a shared future. Keywords: Collective Action, Public Goods, Sustainable Development, Corporate Social Responsibility, UN Agenda 2030.


Author(s):  
Iryna Vіtalіivna Chaplay

The article presents the theoretical and methodological foundations of the development of forms of communicative influence of civil society on the public policy, provides the main methods and conditions of their use for gaining advantages in solving problems of public-management relations. A wide range of issues related to the peculiarities of public relations organization, taking into account domestic and foreign experience, is covered. The specifics of the use of marketing communications in communicating of public authorities with the public are shown. It is substantiated that in the institutional sense, the greatest interest is the classification, depending on the scope of distribution. The public, when communicating with government, through certain communication tools, is called the external form of communication. The external forms of the communicative influence of civil society on state policy help them convey to the state authorities the necessary information about their thoughts, needs, requests, etc. Of course, such information should be constantly updated and accurate. All non-governmental organizations should maintain friendly relations with state organizations and prevent any misinformation of the latter. At the same time, informatization of public administration contains both positive potential and difficulties and contradictions, neglection which, as practice shows, turns negative result. To date, they are insufficiently developed and require scientific comprehension and substantiation, in particular, the issue of organizational, regulatory and legal support for the implementation and implementation of modern marketing tools and management in public administration. Concerning the prospects for further research on the concept of "the form of communicative influence of civil society on state policy", they consist in streamlining its conceptual apparatus as the basis for improving its system, since incomplete and inaccurate information becomes, as a result, the cause of many problems in the system of reforming public administration .


2020 ◽  
Vol 45 (2) ◽  
pp. 91-98
Author(s):  
Iryna Shumliaieva

In the context of the development of home public administration, the implementation of research in terms of providing a meaningful description of the principles of the rule of law and legality in order to comply with them and ensure the activities of public authorities is becoming relevant. Therefore, the purpose of the scientific article is to implement a terminological analysis of the principles of the rule of law and legality in the activities of public administration, as an important condition for the development of public administration. The article considers terminological issues related to the definition of the essence of the concepts «rule of law», «legality», «public administration», by analyzing scientific papers and legal documents. Particular attention is paid to the definitions contained in the norms of international and European acts concerning the definition of the content of the principles of the rule of law and legality, which allowed distinguishing the relevant international and European understanding of the conceptual foundations of these concepts. It is established that at the present stage of development of the institution of public administration in the European doctrine the principle of the rule of law prevails, which is not identified with the principle of legality, as it is included in the list of relevant requirements for the implementation of the first one. The relationship between the rule of law and the rule of legality is shown, given their close relationship, formed in the process of evolution at different times during the development of social relations. As a result of research of scientific literature and normative-legal sources, it is offered to consider legality in activity of public administration in a wide public-administrative context through a prism of regulation of the state-authoritative influence on society for the purpose of its ordering. Since the vector of the rule of law and legality is aimed at both public authorities and society, it is assumed that the adoption of these principles in society involves the implementation of the requirements set out in the article to ensure compliance with public administration.


2020 ◽  
Vol 5 (1) ◽  
pp. 334-343
Author(s):  
Kushtrim Vllasaj

Civil society organizations (CSOs) in the scientific literature have been studied broadly from various aspects such as cultural, political, social and economic. But as far as the last one is concerned, there is still a research gap because there is a lack of study about their contribution to economies under development, such as Kosovo, and which must be filled because of its importance. This paper tends to analyze the present situation of CSOs in Kosovo and their potential contribution to economic activity. Highlighting the activities, the structure and the place of these organizations in the economy will be the approach, in the beginning, to pave the way for further study of specific areas related to them. The methodology established contains analyses of secondary sources that are done by using data from the Ministry of Public Administration of Kosovo, Kosovar Index of Civil Society which is a regular report of the Kosovar Civil Society Foundation (KCSF), and other supplementary data. However, this will proceed after the scientific conceptual issues of CSOs and their place within the economy. Finally, the results show that civil society in Kosovo is very diverse with organizations in different sectors, and the economic activity sector consists of mostly agricultural NGOs.   In transition countries, CSOs are seen as an alternative that improves a particular sector. Thus far, there are over 10,000 organizations established in Kosovo, but relative studies suggest only 1000 to be active. Furthermore, their activity and contribution to economic development is little known so far, while the main problem of the economy remains unemployment.


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