scholarly journals Administrative services in the sphere of economic competition

2021 ◽  
Vol 66 ◽  
pp. 147-153
Author(s):  
V.O. Kozhevnikov
Keyword(s):  
Public Administration ◽  
Public Services ◽  
Economic Competition ◽  
Administrative Services ◽  
Administrative Service ◽  
Service Activities ◽  
The Subject ◽  
Administrative Act ◽  
The Law ◽  
Business Entities

The article considers the issues of administrative services provided by the bodies of the Antimonopoly Committee of Ukraine and other bodies of public administration in the field of application of the legislation on protection of economic competition. The range of subjects of public services in the field of application of the legislation on protection of economic competition to which it is offered to carry bodies of the Antimonopoly committee of Ukraine, the Cabinet of Ministers of Ukraine and the Ministry of Economy of Ukraine is defined. The list of services provided by the Antimonopoly Committee of Ukraine is determined. These include: 1) granting permission for concentration; 2) granting permission to coordinate actions; 3) issuance of additional copies of certified copies of decisions on issues provided for in part two of Article 34 of the Law of Ukraine "On Protection of Economic Competition"; 4) preliminary conclusions on the qualification of actions (Article 14 of the Law of Ukraine "On Protection of Economic Competition"); 5) preliminary conclusions on concentration, concerted actions. It is proposed to extend the provisions of the Law of Ukraine "On Administrative Services" to services provided by the Antimonopoly Committee of Ukraine insofar as it does not contradict the legislation on protection of economic competition. Proposals have been developed to amend the Regulations on the procedure for submitting applications to the Antimonopoly Committee of Ukraine for prior obtaining a permit for concentration of economic entities in terms of clarifying the subjects of application for a concentration permit. Administrative services of the Antimonopoly Committee of Ukraine are service activities of the Antimonopoly Committee of Ukraine defined by normative legal acts aimed at meeting the private needs (interests) of business entities in the field of legal relations arising in connection with the application of legislation on protection of economic competition. related to the protection of their legitimate rights and interests). The administrative service of the bodies of the Antimonopoly Committee of Ukraine is provided exclusively on the basis of the application of the relevant business entity. Based on the results of the administrative service, the Antimonopoly Committee of Ukraine provides the subject of the application with an administrative act (permit) or a document.

scholarly journals Category «public service» as a scientific research object

2018 ◽  
Vol 6 (4) ◽  
pp. 14-19
Author(s):  
T. V. Serohina
Keyword(s):  
Public Service ◽  
Social Life ◽  
Public Services ◽  
Point Of View ◽  
Legal Person ◽  
Management Service ◽  
Public Authorities ◽  
Administrative Services ◽  
The Subject ◽  
The Law

The article is devoted to the study of the development of the concept of «public service» in an independent Ukraine. It was found out that since the beginning the concept of «management service» is one of the most widespread. From a legal point of view, a management service is the creation of organizational conditions for the realization of the right by a citizen or another subject of administrative-legal relations. Instead from the point of view of public administration, «management service» is a result of the functional activity of the state body in the development and implementation of state policy on the regulation of a particular sector of the economy or social life. It was established that in addition was used concepts of the similar content, which amplified the terminological uncertainty. As a result, an approach has been developed in which the services of public authorities are divided into four groups: state, municipal, administrative and public. In this approach, public services are divided into state and municipal, depending on the subject of the service, administrative services are provided both by executive authorities and local self-government. The only kind of public services found in the regulatory framework is administrative services. In the Law of Ukraine «On Administrative Services», the term administrative service is used as a result of exercising power by the subject of the providing of administrative services on the application of a natural or legal person, aimed at acquiring, changing or terminating the rights and / or duties of such person in accordance with the law. The process of formation, the concept of «public services» in independent Ukraine can be divided into four stages, the first of which is the stage of domination in the national scientific thought of the concept of «management services». The second stage is the division of services into separate groups - state, municipal, administrative, and all of these groups belong to one group of public services. The third stage (ongoing to date) is characterized by the consolidation and final formulation of the term «public services» as the basic concept of the system of providing services by public authorities. The fourth stage can only be predicted, nevertheless, it is essentially a logical continuation of these three stages, when the legal fixing of the concept takes place.

scholarly journals Rancang Bangun Sistem Informasi Digital Layanan Administrasi Publik Desa Berbasis WEB Responsive

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Ahmadi Ahmadi ◽  
Hengki Juliansa
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Public Services ◽  
Service Providers ◽  
Digital Information ◽  
Web Based ◽  
Administrative Services ◽  
Community Needs ◽  
Business Entities ◽  
The Village

<p class="SammaryHeader" align="center"><strong>ABSTRACT</strong></p><p><em>Public services in all forms of service activities carried out by central agencies, regions and the environment of state-owned or regional business entities in the form of goods and or services can be said to be obligations that must be carried out by public service providers in accordance with statutory provisions. The form of service provided by public service providers is certainly still much that must be addressed and carried out evaluations certainly aim to improve the quality of public services to the public. The process of public administration services in the village of Tanjung Kecamatan Muara Kelingi, Musi Rawas Regency was carried out based on community visits to the village office, then data collection of population identities, recording community needs for the desired administrative services and following up on community needs so that the process took time and cost. From these problems, it is necessary to build a digital information system that is responsive web-based public administration service where the community can process the application for making a statement from the village through the system and the community can also obtain certificates printed through digital information systems after the proposal is validated and approved by the village head. So as to provide convenience for the village community in getting the desired cover letter.</em></p><p><strong><em>Keywords</em></strong><strong><em> </em></strong><strong><em>: </em></strong><em>SDLC, public services, administration, responsive web</em></p><p class="SammaryHeader" align="center"><strong>ABSTRAK</strong></p><p><em>Pelayanan publik segala bentuk kegiatan pelayanan yang dilakukan oleh instansi pusat, daerah dan lingkungan badan usaha milik Negara atau daerah dalam bentuk barang dan atau jasa hal ini dapat dikatakan sebagai kewajiban yang harus dilakukan oleh lembaga penyedia pelayanan publik </em><em>sesuai dengan</em><em> ketentuan peraturan perundang-undangan. Bentuk pelayanan yang diberikan oleh penyedia pelayanan publik tentunya masih banyak yang harus dibenahi dan dilakukan evaluasi </em><em>tentunya bertujuan untuk meningkatan kualitas layanan publik kepada masyarakat</em><em>. Proses pelayanan administrasi publik </em><em>didesa Tanjung Kecamatan Muara Kelingi Kabupaten Musi Rawas</em><em> dilakukan berdasarkan kunjungan yang dilakukan masyarakat ke kantor desa, kemudian pendataan identitas penduduk, mencatat keperluan masyarakat terhadap layanan administrasi yang diinginkan</em><em> dan menindaklanjuti kebutuhan masyarakat untuk diketahui oleh kepada desa sehingga dari proses tersebut membutuhkan waktu dan biaya. Dari permasalahan tersebut maka perlu dibangun suatu sistem informasi digital layanan administrasi publik berbasis web responsive yang mana masyarakat dapat melakukan proses permohonan usulan pembuatan surat keterangan dari desa melalui sistem dan masyarakat juga dapat memperoleh surat keterangan yang dicetak melalui sistem informasi digital setelah usulan divalidasi dan disetujui oleh kepala desa. Sehingga memberikan kemudahan bagi masyarakat desa  dalam mendapatkan surat pengantar yang diinginkan.</em></p><strong><em>Kata kunci : </em></strong><em>SDLC, pelayanan publik, administrasi, web responsive</em>

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

scholarly journals Methods of Administrative and Legal Protection of Tax Relations: Theoretical and Legal Study

2019 ◽  
Vol 75 (4) ◽  
pp. 53-58
Author(s):  
K. S. Rohozinnikova
Keyword(s):  
Public Administration ◽  
Open Data ◽  
Legal Protection ◽  
Data Sets ◽  
Administrative Services ◽  
The Public ◽  
The Subject ◽  
State Coercion ◽  
The Relationship ◽  
Functional Purpose

The author of the article has provided the results of the analysis of the methods of administrative and legal protection taking into account the changes within the relations between public administration and taxpayers and the course chosen by the state for liberalization of tax relations. The place of the concept of the methods of administrative and legal protection in the term system of the science of administrative law and their dialectical relations with the methods of public administration and administrative activity has been established. The author has indicated generic and specific features of the methods of administrative and legal protection of tax relations, where the latter will depend on the peculiarities of the means and methods of influence used by the public administration for the purpose of exercising security functions. The system of methods of administrative and legal protection of tax relations has been offered to form from three elements: general methods of administrative activity (persuasion and coercion), service tools of influence (provision of administrative services, creation of electronic services and publication of open data sets) and organizational methods. The expediency of distinguishing service means of influence into a separate group of methods of administrative and legal protection has been proved. It is conditioned by their special functional purpose – creation of conditions for independent prevention of possible breach of protected relations by the taxpayer. The role and correlation of persuasion and coercion in the system of methods of administrative and legal protection of tax relations have been clarified. Despite the presented importance of the persuasion within the relationship between the controlling agencies and the taxpayers, it has been stated that state coercion remains the main mean of administrative and legal protection of tax relations. Particular attention has been paid on the need to reconsider the correlation of tax and administrative coercion within tax relations. It has been proved that the basis of their delimitation should be not the branch of legislation, where the authority to apply the appropriate measure is assigned, but the essential criterion and the subject matter of regulation (influence) – relations arising from incomplete calculation and late and incomplete payment of taxes and fees, or relationships related to the organization and enforcement of tax responsibilities and the proper exercise by the supervisory authorities of their powers. It has been emphasized that tax coercion, unlike administrative, performs both punitive and compensatory functions.

scholarly journals THE QUALITY OF PUBLIC ADMINISTRATIVE SERVICE AND CITIZEN SATISFACTION – A STUDY IN DALAT CITY

2011 ◽  
Vol 14 (2) ◽  
pp. 73-79
Author(s):  
Hoang Duy Cao ◽  
Hau Nguyen Le
Keyword(s):  
Public Administration ◽  
Survey Data ◽  
Public Service ◽  
Sem Analysis ◽  
Professional Skills ◽  
Administrative Services ◽  
Citizen Satisfaction ◽  
Administrative Service

This study developes and tests a model of quality in the field of public administration services. Survey data includes 314 individuals and organizations who have used five types of public service in Dalat city. SEM analysis indicates that the quality of public administrative services include four components: staff quality, facilities, accessibility and service processes. In particular, staff quality (professional skills and service attitude) has the strongest effect on people satisfaction. Implications for managers are drawn from the results of this study.

scholarly journals Features and grounds of legal liability for abuse of monopoly (dominant) position in the market

2020 ◽  
pp. 27-32
Author(s):  
Tetiana MORHUNOVA
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Economic Competition ◽  
Dominant Position ◽  
Economic Entity ◽  
The Subject ◽  
Business Entities ◽  
Improvement Of Legislation ◽  
Stable Development ◽  
Monopoly Position

Introduction. Issues of legal liability for abuse of monopoly (dominant) position in the market are quite relevant in connection with the dynamic development of legislation, as well as given the active law enforcement practice of the Antimonopoly Committee of Ukraine. In the current conditions, the necessary guarantee of stable development and functioning of domestic commodity markets and economic entities operating in them is the effective counteraction to the negative manifestations of monopoly. Among modern types of violations of the legislation on protection of economic competition by business entities, abuse of monopoly (dominant) position in the market is quite common. The purpose of the paper is to investigate the features and grounds for legal liability for abuse of monopoly (dominant) position in the market. Results. The criteria and conditions of monopoly position of business entities in a certain market are shown. The types of actions that constitute an abuse of the monopoly (dominant) position in the market and the types of prohibitions of this abuse are indicated. The results are summarized and the main directions of work of the Antimonopoly Committee of Ukraine are outlined. Important aspects of prosecution for violation of the legislation on protection of economic competition and the process of determining the monopoly (dominant) position of the subject in the market are highlighted. The most common types of abuse of monopoly (dominant) position in the market and the relevant types of legal liability are considered. The grounds for legal liability for abuse of monopoly position in the market, the object and subject of this offense are identified. Conclusion. The abuse of monopoly (dominant) position in the market should be considered as actions or omissions of the economic entity that holds a monopoly (dominant) position in the market, which have led or may lead to the prevention, elimination or restriction of competition. For committing an offense in the form of abuse of monopoly (dominant) position, the legislation provides for the application of legal liability of the following types: economic, legal and administrative, which can be applied in the form of fines and compulsory division. The basis for legal liability for abuse of monopoly position in the market is the establishment of factual, legal and procedural grounds. The purpose of legal liability for abuse of monopoly (dominant) position in the market is to prevent such negative manifestations in the economic sphere as unfair competition. Continuous development and improvement of legislation on protection of economic competition in combination with economic and organizational measures contributes to the creation of unified system and effective mechanism for combating the abuse of monopoly (dominant) position in the market, including through prosecution. The key function of the Antimonopoly Committee is not to fill the budget with fines, but to effectively protect economic competition, including through active advocacy for competition in Ukraine.

scholarly journals Legislation on Administrative Procedures: The German Experience

2021 ◽  
Vol 18 (2) ◽  
pp. 204-215
Author(s):  
A. D. Maile
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Procedural Law ◽  
General Order ◽  
Administrative Procedures ◽  
Administrative Act ◽  
The Law

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.

scholarly journals The Protection of the Fundamental Procedural Rights of Business Entitiesby Applying Sanctions and the Results of the Legal Systematization of These Rights

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 115-134
Author(s):  
Eimantė Pogužinskė
Keyword(s):  
Public Administration ◽  
Present Article ◽  
Case Law ◽  
Rights Protection ◽  
The Law ◽  
The Republic ◽  
Business Entities ◽  
Procedural Rights

The present article analyses the extent of influence the adopted Article of the Law on Public Administration of the Republic of Lithuania (Art. 368, currently Art. 37), which systematises the basic procedural rights of business entities, has on the protection of business entities’ procedural rights, which are assured by the Supreme Administrative Court of Lithuania in its case law. The precise provisions invoked as basis for procedural rights protection in the case law of the Supreme Administrative Court of Lithuania regarding sanctions imposed on business entities are showcased. Furthermore, the results and plausible reasons for the application or non-application of procedural rights systematized in the Law on Public Administration are appraised.

scholarly journals Efektivitas Pemberantasan Pungutan Liar dalam Pelayanan Publik di Desa Pangsan Kecamatan Petang Kabupaten Badung

2020 ◽  
Vol 1 (2) ◽  
pp. 94-97
Author(s):  
I Putu Putra Ariasa ◽  
Ida Ayu Putu Widiati ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Public Services ◽  
Legal Research ◽  
Technical Indicators ◽  
Administrative Services ◽  
The Public ◽  
Work System ◽  
Standard Procedures ◽  
The Law

Illegal levies are a form of crime that is very familiar to the public. Basically, illegal levy and corruption are the same acts where the two acts use power for the purpose of enriching themselves by violating the law. Based on the background of this problem, this research was conducted with the aim of describing the implementation of public services at Pangsan Village office, Petang District and the effectiveness of illegal levies eradication on public services at Pangsan Village office, Petang District. This study employed an empirical legal research method. The results of this study indicated that the implementation of public services at Pangsan Village office, Petang District has met technical indicators in accordance with work procedures. In Pangsan Village, the standard procedures also have the function of forming an orderly, systematic, and accountable work system and workflow. the effectiveness of illegal levies eradication on public services at the Pangsan Village office, Petang District has been very effective through the efforts made to prevent illegal levies in administrative services.

scholarly journals Digitization of public services: the experience of Dnipropetrovsk region

2020 ◽  
Vol 8 (1 SI) ◽  
pp. 98-102
Author(s):  
Tetiana Mamatova ◽  
Olexii Chykarenko ◽  
Iryna Chykarenko
Keyword(s):  
Public Administration ◽  
Public Services ◽  
Business Processes ◽  
Local Level ◽  
Research Work ◽  
Developed Countries ◽  
Basic Function ◽  
Main Role ◽  
Administrative Services ◽  
The Government

The results of research work performed with the participation of the authors in 2019 by the Dnipropetrovsk Regional Institute of Public Administration of the National Academy of Public Administration under the President of Ukraine are highlighted.Modern processes of public administration reform in Ukraine are taking place against the background of global digitalization and deep transformation of business processes of organizations in all spheres of activity. According to the experience of developed countries, digitalization in public administration leads to the transformation of government on the model of "service" state, which is based on changing the role of citizens and civil society in public administration, and the basic function of the state is to provide services.Today, the issue of digitalization of public services is one of the priorities of the Government and the President of Ukraine, who have set ambitious plans - in the next 5 years Ukraine should become one of the world leaders in the development of e-government and e-democracy. In the context of further development of the decentralization reform, the implementation of these tasks requires the introduction of advanced digitalization of public services at the local level, and the main role in this process is given to the Centers for Administrative Services (CNAP). The results of the study show that improving the quality and digitalization of services provided by CNAPs, as well as bringing the CNAP network closer to each consumer are now priority areas for reforming the system of administrative services in Ukraine.

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