scholarly journals Admistrative and legal tools in the activities of the cabinet of min- isters of Ukraine

Author(s):  
I.V. Kovbas ◽  
P.I. Krainii ◽  
S.M. Rudan

Based on the analysis of normative-legal acts and certain scientific-methodological sources, the article under studies identifies the typical tools, applied by the Cabinet of Ministers of Ukraine in the course of administering its powers. Proper organization and quality legal regulation of the competence, legal forms and methods of the Cabinet of Ministers of Ukraine are of great significance since they affect public relations and the growth of population’s welfare, which is the Cabinet’s main purpose and task. The above considerations require the search for modern democratic and legal approaches to determine the forms of activity of the Cabinet of Ministers of Ukraine. In our opinion, this might be achieved through analyzing various scientific and methodological sources, normative-legal acts on the issue, as well as by means of articulating proposals regarding the improvement of the existing legislation, which in turn, will ensure effective implementation of public policy in Ukraine. The issuance of resolutions and orders of the Cabinet of Ministers of Ukraine is a procedure carried out in a certain sequence. It aims at achieving a clearly defined legal result and requires specific regulation through procedural rules. This procedure is carried out within the framework of two proceedings: a) on the issuance of resolutions and b) on the issuance of orders of the Cabinet of Ministers of Ukraine. In its activities, the Cabinet of Ministers of Ukraine applies various legal forms, which can be defined as ad-ministrative and legal tools. Therefore, it is essential to bring the legislation of Ukraine in line with the European standards, in particular in terms of normative-legal consolidation of the tools of public administration, with the aim of avoiding the use of such outdated concepts as “forms of governing”, “forms of state governing”, etc.

Author(s):  
Ye. Ananieva

Problems of legal regulation of local finances are considered in the works of lawyers, economists, sociologists, public administration specialists, from different positions of their formation, distribution and use in public relations, but in modern conditions of budgetary relations, namely – formation of budgets of united territorial communities, introduction of decentralization in regional governance, administrative reform, orientation of Ukraine to European standards and values of life, the concept of legal regulation of local finances, in particular, budget relations needs to be updated. Scientific publications investigate the problems of defining local finances as a basic basis for local government, which ensures the reproduction of the budget process and the development of regions, their constituent elements and purpose. However, at present the scientific discussion on the legal significance of local finances, their constituent elements, sources of formation and use continues, because in the modern economy a significant part of financial resources is formed and redistributed through budgets, which include budgets of united territorial communities. which, finally, as a legal institution is not defined. The development of local self-government from the standpoint of the government’s proposed decentralization of power provides for the purpose of creating high-quality living conditions for citizens, providing them with the necessary public services, development of material and social base of the region. These tasks are implemented in the presence of appropriate economic development of the territory, its financial support, which depends on the sources of budget and extrabudgetary funds and areas of their use.


2019 ◽  
Vol 10 (7) ◽  
pp. 1968
Author(s):  
Iryna V. BOIKO ◽  
Oleksandr T. ZYMA ◽  
Yuliia V. MEKH ◽  
Olha M. SOLOVIOVA ◽  
Valentyna A. SOMINA

The relevance of the scientific article is due to the necessity to search for models of legal regulation of public relations that arise in public administration with a private person, which would meet the European standards of administrative procedure. The purpose of the article is to study the European experience of administrative and procedural ordering of public relations in order to form ideas of implementation in the legal field of Ukraine. The leading methods of research were the analysis of European practices of administrative procedure, modelling of legal structures acceptable to Ukraine. As a result of the research, proposals for legislative initiatives on the procedure for adopting administrative acts were formed. Research can be helpful to law-abiding lawyers and law enforcement officials, law school educators, and public administration officials and officials seeking to apply good administration standards and practices to individual management matters.  


2021 ◽  
Vol 3 (13) ◽  
pp. 117-121
Author(s):  
N. A. MEL’NIKOVA ◽  
◽  
N. V. KARULINA ◽  

The article analyzes the system of methods of administrative and legal influence, identifies their essential features, which are determined by various criteria (implementation goals, scope of application (public administration), public relations (administrative and legal), subjects (authorized bodies and officials) and objects of influence (individuals, legal entities), types of administrative activities (administrative-managerial, administrative-jurisdictional and administrative-judicial)). We classify administrative methods on various grounds (scope of influence, orientation, form, content) and give a characteristic of the considered methods in the modern administrative legislation. We pay special attention to administrative and procedural methods, formulate possible ways of improving their legal regulation taking into account general trends in the development of the sphere of public administration in general and individual areas of administrative activity


2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.


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 .


Author(s):  
Vladimir V. Bulgakov ◽  
Aleksandra A. Brosalina

The relevance of the work theme is due to the high importance of public relations in the field of state social policy. The ongoing digitalization of public administration as a global trend also affects the sphere of social support, which causes the transformation of social services provided by the state, the modernization of the process of interaction between power struc-tures and the population through the use of digital platforms. The purpose of the research is to consider certain legal and organizational features of this process realization in Russia and foreign countries. The methodological basis of the research includes dialectical method, which allowed us to examine digitalization and the social sphere of public administration as influencing each other and dynamically developing phenomena; analysis and synthesis, through which the main features of the digital transformation of public ser-vices are characterized; the comparative legal method, through which the approaches to the organization and regulation of the process of introducing digital platforms in the process of providing of social support measures are considered. In the course of studying this topic, we pay special attention to the formal legal method in order to describe and explain the legal regulation of the social security sphere, as well as the digitalization of public admini-stration. Based on the conducted research and taking into account foreign experience, we conclude that the need for further modernization of the social s system in Russia in the conditions of digitalization in part of solving the identified organizational and legal issues.


2020 ◽  
Vol 10 (2) ◽  
pp. 132-138
Author(s):  
INNA BARZILOVA ◽  

The purpose of the research. The article discusses the problems of forming horizontal and vertical ties in Russian legislation system. The process of transformation of the Russian legal system in the context of the development of digital technologies, the ongoing changes in the modern mechanism of legal regulation are analyzed. The purpose of the research is to establish and identify the features of existing horizontal and vertical relationships that exist and arise between normative acts included in the system of legislation. This is necessary to determine the main directions for the development of the Russian legal system in the context of digital technologies. Results. As a result of the research, the author comes to the conclusion that vertical and horizontal connections can be distinguished in the system of Russian legislation. The subject of legal regulation and the system of public administration are singled out as grounds. In the context of the development of digital technologies, it is advisable to supplement these criteria with a more subjective approach and the legal regime used in the field of legislation. The author comes to the conclusion that vertical and horizontal links between normative acts are formed at the level of the legal system, while the legal system is characterized by the presence of only horizontal links. The legal system is much larger than the legislative system. The legislative system includes not only normative legal acts, but also various technical rules and regulations. In the system of legislation, it is possible to distinguish separate complex entities that regulate a certain sphere of public relations. Having a man-made nature, the legislative system can respond more quickly to changes in public life. The author concludes that it is necessary to use a more differentiated approach in determining the branches of the legislative system. Here, too, the subject approach can be used as a solution.


Author(s):  
O. Zubchyk

The purpose of the article is to reveal the content of the transformation of the concept of "competition", which synthesizes and reflects the objective reality, showing heuristic potential in the context of public policy research and public administration. The author showed that the evolution of conceptual views on competition is evidenced by the transformation of the concept of "competition" and related concepts (subject, object of competition, economic relations, and state economic policy). The influence of various factors on the conceptualization of experience at different levels (personal, state-public relations, interstate) is substantiated. The author considered the transformation of the concept of "competition" in scientific thought in the context of social development from the era of antiquity to our day. The author proposed a methodology that allows deeper analysis of the role of subjects of socio-political and statemanagement relations in the context of the study of state policy and public administration. The research on the transformation of the concept of "competition" in the context of social development in the most common and influential theories provides additional opportunities for analyzing the role of socio-political and state-managerial relations in the context of studying public policy as a mechanism of public administration .


Author(s):  
Kirill I. Ryabov ◽  

In the article, the author examines the problem of the impact of technological changes on the legal regulation of public relations, namely the development of digital technologies, how significant such an impact turned out to be and whether, in this regard, significant changes in the principles and mechanisms of legal regulation are required. It is asserted in the article that the problem how to adapt existing legal forms in order to address inevitable changes in public relationships (does not matter what the cause of these changes is: the so called “digitalization” or something else) may be relatively easily resolved. What we need to do is to segregate those aspects of the factual side of relationships in question that should have legal consequences from the rest, that is from those aspects that may be ignored by law. In order to illustrate this thesis the author considers two examples: the semiconductor chip protection and the electronic signature as a way to identify an entity who expressed a will. The author comes to the conclusion that the existing legal instruments for regulating the emerging new factual relations are sufficient, but they must be used correctly. The author gives examples of such law enforcement within the framework of the article.


2021 ◽  
Vol 20 (1) ◽  
pp. 127-143
Author(s):  
Janis Načisčionis ◽  
Algimantas Urmonas

The authors of the article explore the multi-functionality of administrative law. Administrative legislation should take into account social realities, recognize the usefulness of social order (when assessing the need for legislative changes or their stability) and transfer them to the level of justice (in terms of the adequacy of legal regulation). After the restoration of independence, administrative law in Latvia and Lithuania had to undergo a transformation of values, abandon the imposed Soviet ideological standards and master new standards of democracies. This strengthened social and legal values, enshrined and protected in the Constitutions of both countries and after accession to the EU, in accordance with the provisions of public administration, allowed by the Treaty on the Functioning of the European Union.The article notes that the formation of legislative policy and the creation of legislation usually based on the discretion of the culture of politicians. The authors of the article draw attention to the synergistic knowledge of social reality and the use of this knowledge when building administrative and legal regulation to the level of macro-social regulation.


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