THE EVOLUTION OF THE INCENTIVE SYSTEM IN THE DOMESTIC LEGAL AND TECHNICAL PRACTICE OF PUBLIC ADMINISTRATION

2021 ◽  
Vol 10 (1) ◽  
pp. 168-178
Author(s):  
E.N. SELIUTINA ◽  
◽  
V.A. KHOLODOV ◽  
Keyword(s):  
Public Administration ◽  
System Development ◽  
The State ◽  
The Public ◽  
Relevant Today ◽  
Technical Practice ◽  
Russian State ◽  
History Of ◽  
The Subject ◽  
State Incentives

The purpose of the article is to consider the history of the public administration system development in Russia via various aspects and features. The analysis and accounting of Russian historical expe-rience in building the integral system of state incentives in the context of the management vertical formation is very relevant today. The article presents the author's approach to the state incentives consideration in the context of the state awards institution, taking into account legal and technical regulation of this process in various regulatory legal acts. The purpose of the article is to consider the genesis of the state awards institution and its formalization in regulatory legal acts in the context of public administration functioning. The subject of the study is the Russian state awards system and the system of normative acts regulating the award mechanism, both considered in historical retro-spect. The authors summarize that the institute of state incentives as a mechanism of public admin-istration is in permanent development and, today, it is designed for stimulating state-significant activi-ties in various fields, and the award mechanism, having passed a long evolutionary period, is cur-rently regulated by a number of specialized regulatory legal acts of the federal and regional levels.

scholarly journals Criterios definidores y conceptuales del enfoque basado en derechos humanos: de la teoría a la práctica

2017 ◽  
pp. 43-86
Author(s):  
Alfonso CHACÓN MATA
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Public Administration ◽  
Public Policies ◽  
The State ◽  
The Public ◽  
First Order ◽  
Derechos Humanos ◽  
The Subject ◽  
Human Rights Based Approach

LABURPENA: «Giza Eskubideetan Oinarritutako Ikuspegiaren» irismena azaltzeko asmoa dauka artikulu honek, zer-nolako aldagaiak eta kontzeptuak biltzen dituen ulertze aldera. Horren bilakaeraz eta indarraldiaz arituko gara, bai eta horren modalitate aplikatua nola nabarmentzen den azalduko ere. Horretarako, Nazio Batuen Erakundearen esparruan garatu diren ekarpenak eta gaiaren inguruko doktrina aditua erabiliko ditugu. Administrazio Publikoan duen indarra ezin ukatuzkoa da; izan ere, estatuak eta horri atxikitako erakundeek oso kontuan eduki behar dute politika publikoak norbanakoen eta komunitateen beharrei arreta ematen ari zaien jakiteko balio duela ikuspegi horrek, edota politika publiko horiek kontu emanez gardentasun publikoa eratzen ari diren nahiz edozelako diskriminazioa saihesten ari diren jakiteko balio duela. Azkenik, ikuspegi horrek Giza Eskubideen Gorte Interamerikarraren jurisprudentzia-aurrekari batzuetan duen indarraldia eta eragina aztertuko dira. RESUMEN: El presente artículo tiene la intención de exponer los alcances del «Enfoque Basado en Derechos Humanos», con la finalidad de entender que variables y conceptos involucra. Haremos un recuento de su evolución, vigencia y cómo se evidencia su modalidad aplicada, a través de diferentes aportes desarrollados en el marco de la Organización de Naciones Unidas, así como de la doctrina estudiosa del tema. Su vigencia en la Administración Pública es de primer orden, puesto que el Estado y sus entidades adscritas, deben tener muy en cuenta que el enfoque citado, sirve para conocer si las políticas públicas, están atendiendo necesidades de individuos y comunidades concretas; generando transparencia pública a través de rendición de cuentas, así como evitando cualquier tipo de discriminación. Finalmente, se analizará su vigencia e impacto en algunos antecedentes jurisprudenciales de la Corte Interamericana de Derechos Humanos. ABSTRACT: This article intends to expose the scope of the «Human Rights Based Approach», in order to understand what variables and concepts it involves. We will recount its evolution, validity and how its applied modality is evidenced, through different contributions developed within the framework of the United Nations, as well as the doctrine studious of the subject. Its validity in the Public Administration is of the first order, since the State and its affiliated entities must take into account that the aforementioned approach serves to know if public policies are addressing the needs of specific individuals and communities; Generating public transparency through accountability, as well as avoiding any type of discrimination. Finally, its validity and impact will be analyzed in some jurisprudential antecedents of the Inter-American Court of Human Rights.

scholarly journals Responsabilidade do gestor público e a judicialização da saúde no contexto do Estado do Ceará / Responsibility of the public manager and health judicialization in the context of the State of Ceará

2018 ◽  
Vol 11 (3) ◽  
pp. 2042-2069
Author(s):  
Rômulo Luiz Nepomuceno Nogueira ◽  
Mariana Dionísio De Andrade
Keyword(s):  
Public Administration ◽  
Personal Responsibility ◽  
Research Problem ◽  
Qualitative Approach ◽  
The State ◽  
Public Health Services ◽  
Social Phenomena ◽  
The Public ◽  
The Subject ◽  
Public Manager

 DOI: 10.12957/rqi.2018.29241  ResumoO presente artigo se propõe a responder ao seguinte problema de pesquisa: deveria o gestor público responder pessoalmente pela ineficiência na prestação dos serviços públicos de saúde? O artigo possui como objetivo a análise da responsabilidade do gestor público, no âmbito do Estado do Ceará, diante do fenômeno da judicialização da saúde, demonstrando seus impactos na Administração Pública e para o próprio burocrata na gestão da pasta. O estudo possui abordagem qualitativa, porque interpreta a relação de causalidade entre fenômenos jurídicos e sociais, e possui suporte em elementos quantitativos, na medida em que utiliza dados mensuráveis e padrões numéricos para a melhor compreensão do assunto. Conclui-se que a ineficiência do Estado na promoção da saúde não poderia ser resolvida apenas por um administrante, que poderá sofrer sanção judicial por fatos anteriores à sua gestão. Verifica-se, ainda, a relevância do contínuo debate acerca dos meios de resolubilidade da judicialização da saúde, considerando a abrangência e importância essencial desse direito fundamental.Palavras-chave: Judicialização da Saúde; Responsabilidade Pessoal; Gestor Público; Ineficiência do Estado; Resolubilidade da Judicialização.AbstractThe present article proposes to answer the following research problem: should the public manager respond personally for the inefficiency in the provision of public health services? This article aims to analyze the responsibility of the public manager, in the context of the State of Ceará, facing the phenomenon of health judicialization, demonstrating its impact on the Public Administration and on the bureaucrat himself in the management of the agenda. The study has a qualitative approach, because it interprets the causal relationship between legal and social phenomena, and has support in quantitative elements, in that it uses measurable data and numerical standards to the better understanding of the subject. It is concluded that the inefficiency of the State in the promotion of health could not be solved only by an administrator, who could suffer judicial sanction for facts previous to his management. It is also verified the relevance of the continuous debate about the means of resolubility of the health judicialization, considering the comprehensiveness and essential importance of this fundamental right.Keywords: Health Judicialization; Personal Responsibility; Public Manager; Inefficiency of the State; Resilubility of the Judicialization.

scholarly journals Corruption Counteraction in the Mechanism of Federal Public Administration: Federal and Inter-Regional Levels

2019 ◽  
Vol 13 (3) ◽  
pp. 426-437
Author(s):  
Konstantin Ishekov ◽  
Konstantin Cherkasov ◽  
Yulia Malevanova
Keyword(s):  
Public Administration ◽  
The State ◽  
National Strategy ◽  
Legal Basis ◽  
Federal Law ◽  
Public Authorities ◽  
Normative Documents ◽  
The Public ◽  
Russian State ◽  
Package Principle

Current anti-corruption legislation is characterized by a lack of concentration and unity of legislative acts that regulate the work of public authorities and administration at the federal and inter-regional levels. The Federal Law «On Counteracting Corruption» has a framework nature and does not meet all the challenges of preventing and counteracting corruption that the Russian state now faces. Thus, the relevance of this study is obvious. The goal of the authors is to determine the key trends and means of systematizing legislation that regulates the anti-corruption activities of the state. Having analyzed a vast massive of normative legal acts on counteracting corruption at the federal and inter-regional levels as well as international experience, the authors conclude that it is necessary to amend the Federal Law «On Counteracting Corruption» by, among other things, systematizing the norms that regulate the corresponding sphere of state activities. The authors express their confidence that the effectiveness of legislation on counteracting corruption could considerably improve with the «package» principle of streamlining legislation and the introduction of a basic normative legal act — the Law on Counteracting Corruption, then changing the acts that are not in line with it and developing other normative documents to specify it. The use of a systemic approach to counteracting corruption also requires the revision and improvement of some clauses of the National Strategy of Counteracting Corruption which should incorporate the analysis of the situation with the anti-corruption policy of the state, the assessment of the effectiveness of the existing system, monitoring and audit, as well as the instruments of the anti-corruption policy. The paper also presents the authors’ position on the development and upgrading of the legal basis of organizing the public authorities and administrations at the central and inter-regional levels that regulates the specification and optimization of determining and delimiting jurisdictions in the sphere of counteracting corruption. The authors conclude that at present it is not advisable to organize a separate special corruption counteraction body in Russia because the conditions necessary for its establishment are lacking.

PRINCÍPIOS BÁSICOS DA ADMINISTRAÇÃO PÚBLICA NO BRASIL

2021 ◽  
Vol 9 (208) ◽  
pp. 1-13
Author(s):  
Beatriz Pereira de Souza Rosa ◽  
Antonio José Domingos Dantas ◽  
Carolina Bonance dos Santos ◽  
Thayane dos Santos Dias
Keyword(s):  
Public Administration ◽  
Socioeconomic Development ◽  
The State ◽  
The Other ◽  
Basic Principles ◽  
The Public ◽  
Public Activity ◽  
Administrative Control ◽  
Technical Requirements ◽  
History Of

Brazil is a country characterized by a long history of conflict between the public and the private, the patrimonialist practice rooted in politics, and consequently the state and municipal institutions, is extremely harmful to the socioeconomic development of the country. Administrative influence is everything that the executive and the administrative bodies of the other powers exert on their own activities, aiming to keep them within the law, according to the needs of the service and the technical requirements of its realization, so it is a control of legality, convenience and efficiency. The methodology used proposes that, in order to add the proposed objective of analyzing and describing basic principles of public administration in Brazil; under these three aspects, administrative control can and must be operated, so that public activity achieves its purpose efficiently, which is the complete fulfillment of collective interests by the administration in general.

Thinking about the state, talking bureaucracy, teaching public administration

2012 ◽  
Vol 30 (2) ◽  
pp. 76-91 ◽  
Author(s):  
Peter Barberis
Keyword(s):  
Social Sciences ◽  
Public Sector ◽  
Public Administration ◽  
The State ◽  
Practical Activity ◽  
The Public ◽  
The Social ◽  
Public Bureaucracy ◽  
The Subject ◽  
The Many

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.

SCIENTIFIC JUDGMENT AND PRACTICAL APPLICATION OF THE CONCEPT "FUNCTION" OF PUBLIC ADMINISTRATION

2017 ◽  
Author(s):  
Nataliia Luhovenko ◽  
Keyword(s):  
Public Administration ◽  
The State ◽  
Support Functions ◽  
The Public ◽  
Current Trends ◽  
The Social ◽  
Economic Sphere ◽  
History Of ◽  
Scientific Judgment

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.

scholarly journals O Ensino de Arte e a EJA nos Documentos da Educação Básica em Tocantins: Desafios para a Formação Docente

2021 ◽  
Vol 22 (3) ◽  
pp. 427-432
Author(s):  
Gustavo Cunha de Araujo ◽  
Rosane Gomes de Araújo ◽  
Luis Gomes de Oliveira
Keyword(s):  
Adult Education ◽  
Knowledge Production ◽  
Basic Education ◽  
The State ◽  
The Public ◽  
Federal Constitution ◽  
History Of ◽  
Qualitative Descriptive ◽  
The Subject ◽  
The Right

ResumoA história da democratização da educação traz consigo uma luta da classe trabalhadora de jovens e adultos, para que a educação seja mais acessível e gratuita a todos. Assim, com a Constituição Federal de 1988, o direito à igualdade, à educação e à universalização do ensino influenciaram a criação de políticas públicas voltadas ao desenvolvimento do ensino na educação brasileira. O artigo apresenta como objetivo compreender como a Arte e a EJA são concebidas nos documentos oficiais da Educação Básica e da Educação de Jovens e Adultos (EJA) no Estado do Tocantins. Esta pesquisa segue a abordagem qualitativa, de caráter descritivo e de natureza documental. A disciplina de Arte não está bem delineada nos anos da Educação Básica deste Estado, uma vez que, embora os documentos analisados afirmem da importância dessa área para a produção de conhecimento, não deixam claro se essa disciplina ocorrerá em todo o Ensino Fundamental, Ensino Médio e na EJA. É possível afirmar, portanto, que os jovens e os adultos vão à escola não por obrigação, mas porque eles têm interesse e necessidade de aprender. Por isso, que deve ser considerado nos processos pedagógicos em artes desenvolvidos com eles, assim como nos documentos/legislações que regem a Educação Básica no Estado do Tocantins os seus saberes e experiências construídos ao longo de suas vidas. Palavras-chave: Arte. Educação de Jovens e Adultos. Educação Básica. Tocantins. AbstractThe history of the democratization of education brings with it a struggle by the working class of young and adults people to make education more accessible and free to all. Thus, with the 1988 Federal Constitution, the right to equality, to education, and the universalization of education influenced the public policies creation aimed at the development of teaching in Brazilian education. Its main objective is to understand how Art and Youth and Adult Education (YAE) are conceived in the official documents of Basic Education and YAE in the State of Tocantins, Brazil. This research follows the qualitative, descriptive and documental approach. The subject of Art is not well delineated in the years of Basic Education of this state, since, although the documents analyzed confirm the importance of this area for the knowledge production, they do not make clear if this subject will occur in the entire Elementary and High School Education, including in institutions that have YAE. It is possible to say, therefore, that young people and adults go to school not out of obligation, but because they have an interest and need to learn. That is why their knowledge and experiences built throughout their lives must be considered in the pedagogical processes in arts developed with them, as well as in the documents/legislations that govern basic education in the state of Tocantins. Keywords: Art. Youth and Adult Education. Basic Education. Tocantins.

The Origin of Judicial Litigation among the Greeks

Traditio ◽  
1946 ◽  
Vol 4 ◽  
pp. 31-87 ◽  
Author(s):  
Hans Julius Wolff
Keyword(s):  
Public Opinion ◽  
Public Administration ◽  
Intermediate Stage ◽  
The State ◽  
Legal Institution ◽  
The Public ◽  
Self Help ◽  
Administration Of Justice ◽  
History Of ◽  
The Right

Students of the history of Greek procedure generally hold that public administration of justice originated in a prehistoric habit of settling disputes between individuals by voluntary waiving self-help and resorting to arbitration. This ancient custom is supposed to have been gradually developed into a system under which the parties were denied the right to seek realization of their claims by private force and compelled to submit their cases to authorities designated and empowered to try the claims and hand down binding judgments. Litigants are believed to have been forced by an ever increasing pressure of public opinion, as well as by the growing power of the rulers, to refrain from armed feud and blood-vengeance, and to seek the decision of the princes who by virtue of their social and personal preponderance were predestined to act as arbitrators. After the consolidation of the state, their jurisdiction, according to the prevailing theory, became a legal institution and passed, after the abolishment of the early monarchy, to the aristocratic city magistrates, and later, in the democracies, to the popular courts. As an intermediate stage, the existence of a system of ‘obligatory arbitration’, indirectly enforced by the public disapproval of those not complying with it, has been suggested for the type of society known from Hesiod'sWorks and Days.

SUBJECTS AND OBJECTS OF PUBLIC MARKETING

2018 ◽  
Vol 1 (12) ◽  
pp. 260-270
Author(s):  
Yevgeny Victorovich Romat ◽  
Yury Volodimirovich Havrilechko
Keyword(s):  
Public Administration ◽  
Municipal Government ◽  
Executive Power ◽  
Marketing Concept ◽  
Public Authorities ◽  
Public Marketing ◽  
The Public ◽  
State Management ◽  
Management Concepts ◽  
The Subject

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.

La valorisation des prestations non-bois: particularités genevoises (essai) | Commercialization of non-wood forest services: the case of Geneva (essay)

2009 ◽  
Vol 160 (8) ◽  
pp. 232-234
Author(s):  
Patrik Fouvy
Keyword(s):  
Forest Regeneration ◽  
Biological Diversity ◽  
The State ◽  
Forest Land ◽  
Private Forests ◽  
The Public ◽  
Public Body ◽  
Provision Of Services ◽  
History Of ◽  
Near Future

The history of the forests in canton Geneva, having led to these being disconnected from productive functions, provides a symptomatic demonstration that the services provided by the forest eco-system are common goods. Having no hope of financial returns in the near future and faced with increasing social demands, the state has invested in the purchase of forest land, financed projects for forest regeneration and improvement of biological diversity and developed infrastructures for visitors. In doing this the state as a public body takes on the provision of services in the public interest. But the further funding for this and for expenses for the private forests, which must be taken into account, are not secured for the future.

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