Mehrdimensionale Rechtsmaßstäbe als Herausforderung für die Verwaltung: das Beispiel der Hafenstaatkontrolle

Administory ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 186-199
Author(s):  
Katharina Reiling
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
State Control ◽  
Public Authorities ◽  
Legal Norms ◽  
Gradual Introduction ◽  
Illustrative Material ◽  
Gain Access ◽  
Port State Control

Abstract Using the example of so-called port state control, the article examines the phenomenon of multidimensional legal norms and the challenges they pose for public administration. It shows how the gradual introduction of port state control has enabled public authorities to gain access to foreign-flagged ships and how this has subsequently differentiated their decision-making program. The illustrative material for this historicizing study comes primarily from the 19th and 20th centuries.

scholarly journals INVENTORY OF STOCK LAND OF UKRAINE IN THE SYSTEM OF ADMINISTRATIVE PROCEDURES

2020 ◽  
Keyword(s):  
Land Use ◽  
Public Administration ◽  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Perspective Planning

The article is devoted to the analysis of the concept of "administrative procedure" in the mechanism of public management of the land use and protection of the reserve land of Ukraine and the concept of "inventory of reserve land" and its place in the system of administrative procedures. It is determined that one of the promising directions for ensuring the efficiency of the implementation of the system of administrative procedures in the field of natural resources is to intensify the implementation of the state inventory of the reserve lands, the priority use of which is determined by the need to solve strategic complex problems of the development of the Ukrainian state. The purpose of this study is to elucidate the problems of legal regulation of the administrative procedure of the state inventory of lands of the reserve of Ukraine. It is determined that among the features of the administrative procedure in the mechanism of public management in the field of land use and protection are the following: they are related to the activities of public administration bodies; regulated by administrative and legal norms; ensure the consistency of actions that the subject of these relationships must take; their purpose is to ensure the exercise of the rights or obligations of a particular legal entity; applied to resolve a specific issue; entities are public authorities, local self-government bodies and their officials and officials natural and legal persons; entails the onset of external consequences; are completed by the adoption of the relevant administrative act, which is binding. The author investigates organizational and legal prerequisites for land inventory. It is concluded that the administrative procedure of the state inventory of the land of the reserve is the activity of public administration bodies, regulated by administrative norms, which provides for the collection and analysis of the information about the object of inventory and their entry in the State Land Cadastre of Ukraine in order to facilitate the effective use of the state land fund and sale interest. In the course of the conducted research it is determined that the state inventory of the land fund of Ukraine will allow to prevent violations of the land legislation and to ensure effective management of land resources, to carry out perspective planning of their use.

scholarly journals Influence of Public Opinion on the Optimization of Communicative Interaction in the Public Administration Sphere

2020 ◽  
Vol 8 (2) ◽  
pp. 98-108
Author(s):  
Olena Rachynska
Keyword(s):  
Decision Making ◽  
Public Opinion ◽  
Civil Society ◽  
Public Administration ◽  
Effective Interaction ◽  
Public Information ◽  
Research Field ◽  
Communicative Interaction ◽  
Public Authorities ◽  
The Public

The article deals with the influence of public opinion on the process of state and administrative decision-making as one of the most pressing problems and a condition for effective interaction of participants of the political and administrative process. Theoretical analysis of the research field on the issues of knowledge and practice of influence of public opinion on the optimization of communicative interaction in the public administration sphere is presented.The essence of this phenomenon is analyzed and the main characteristics of public opinion is noted: it is determined primarily by the events that affect it; accordingly, the demand for action is the reaction of public opinion to events; influencing people is primarily due to influencing their interests; level of trust in management determines the amount of authority given to it; education and information contribute to common sense and moderate human behavior.It is determined that public opinion is a phenomenon more voluminous and complexly structured than the mere sum of points of view expressed by a certain set of individuals. Accordingly, its characteristic features and important practical aspects are directionality and intensity; stability, information saturation and social support. It is established that the functioning of public opinion depends essentially on the type of society that can stimulate and develop functions or deform and restrain them. The essence of public opinion and its main functions is analyzed.Ways to improve the effectiveness of the communicative component in the public administration system is identified. The main ones are optimization of the system of continuous communication between the centers of government decision making and civil society institutions; ensuring an effective public information policy; strengthening the practice of public reporting by public authorities; improving the effectiveness of civil society structures. The process of forming public opinion through the implementation of mechanisms of communicative interaction in the public administration sphere is considered; it is established that public opinion has its structural and operational features.The specifics of communication interaction in the public administration sphere is analyzed. The peculiarity of communicative interaction is to define it as a system of consistent methodological, methodic and organizational-technical procedures within the separate constituent mechanisms, connected by a single purpose: obtaining reliable data on the phenomenon under study or process for their further use in order to increase the effectiveness of the communicative dialogue between the authorities and civil society institutions.

Constitutional-law aspects of reforming of state administration

2015 ◽  
Vol 3 (5) ◽  
pp. 253-259
Author(s):  
Нажия Калишева ◽  
Nazhiya Kalisheva
Keyword(s):  
Public Administration ◽  
Constitutional Law ◽  
Balance Of Power ◽  
State Control ◽  
Public Authorities ◽  
Checks And Balances ◽  
Base Content ◽  
State Administration ◽  
The Republic ◽  
The One

The aim of the article is to study the constitutional and legal problems of state control. Actualized the problem of generalization theoretical base content of the category "control" as one of the most effective forms of implementation of social activities of public authorities; identify the underlying types of strategies and priorities of state control in the Republic of Kazakhstan, its place and role in the system of checks and balances aimed at preserving the balance, balance of power; study of the main directions and principles of constitutionalization measures of state control as a means of ensuring, on the one hand, the effectiveness of the other, the modernization of public administration.

scholarly journals Public administration in Russia as a subject of administrative procedure

2022 ◽  
Vol 5 (4) ◽  
pp. 55-77
Author(s):  
A. I. Stakhov ◽  
N. V. Landerson ◽  
D. G. Domrachev
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Integrative Approach ◽  
Public Authorities ◽  
Administrative Process ◽  
Legal Norms ◽  
The Public ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Administrative Proceedings

The subject. Doctrinal approaches that reveal the place and role of public authorities, as well as organizations performing the functions of these authorities in the administrative process carried out in the Russian Federation, the principles and norms of the Constitution of the Russian Federation, administrative procedural legislation that form the legal basis of the administrative process in Russia.The purpose of the article is scientific substantiation of the integration of non-judicial bodies carrying out the administrative procedure into a special subsystem of public power, called public administration in the Russian Federation.The methodology. Formal logical and dialectical methods as well as private scientific methods such as method of interpretation of legal norms, method of comparative jurisprudence were used.The main results, scope of application. The article reveals the scientifically based content of the integrative approach to understanding the administrative process in contemporary Russia, taking into account the norms of the Russian Constitution and the analysis of existing doctrinal developments of administrative scientists. The article substantiates the structure of the administrative procedural legislation of the Russian Federation ant it’s constituent entities, which includes the judicial administrative process and the executive (non-judicial) administrative process implemented by the public administration (executive authorities, local self-government bodies, other administrative and public bodies). Administrativeindicating legal norms are distinguished, the analysis of which allows us to reveal the content, form, structure of the judicial administrative process and the executive (extra-judicial) administrative process, as well as to establish an integrative relationship between them with the help of such special categories as “judicial administrative case”, “extra-judicial administrative case”, “administrative proceedings”, “administrative proceedings”. A number of key proposals are put forward to systematize the judicial administrative process and the executive (extrajudicial) administrative process in Russia on the basis of developed scientific positions. The article reveals the question of a scientifically based theory for understanding the administrative and public functions of public administration, as well as the system and structure of public administration in modern Russia.Conclusions. The presented integrative approach to understanding the administrative process and its differentiated systematization for the judicial administrative process and the executive (non-judicial) administrative process are the only true way to develop the Russian model of administrative process. The question of the need to systematize the administrative and public functions implemented by the public administration is raised. It is proposed to develop and adopt a federal law “On Public Administration in the Russian Federation”, the authors substantiate the content of the structure of this law.

scholarly journals Modernization of local government development programms in the field of youth policy (in case of Dnipropetrovsk region)

2020 ◽  
Vol 44 (1) ◽  
pp. 73-85
Author(s):  
Liliia Hyrenko
Keyword(s):  
Decision Making ◽  
Young People ◽  
Policy Implementation ◽  
Public Administration ◽  
Youth Participation ◽  
Development Programs ◽  
Public Authorities ◽  
Youth Policy ◽  
The Public ◽  
Government Development

The article analyzes the local self-government development programs in the field of youth policy (in the case of Dnipropetrovsk region), especially innovative forms and methods of cooperation with youth. The particularities of youth involvement to public administration activity on the city, restrict, rural territorial communities’ levels are investigated. It’s argued that the transformation of value approaches in the organization of public administration is depend on the realization of market-liberal and democratic values, which influences on the activities of public authorities, which is especially noticeable at the local level. Decentralization processes have opened a «window of opportunities» for the youth’s involvement to the public policy-making processes. Seeking the new mechanisms and generating new ideas to intensify the processes of involving young citizens in public local affairs and to solve particularly significant problems is a new challenge in the activities of local governments. There is a need to find appropriate innovative forms and methods of engagement with young people, in particular in youth development programs in the field of youth policy, as well as in the context of finding new organizational forms of activity. According to the concept of sustainable development, it most often refers to the activities and development of modern states, regions, communities for the sake of security and the capabilities of future generations of citizens. In this context youth participation in society is not limited to forming an active part of the public or building democracy in the future. It is about the need to create a level playing field for participation in socially important affairs in determining this future. For participation in society to be meaningful to young people and a justifiable part of their lives, living space, it is essential that they be able to influence decisions and take action at a young age, not just at a later stage in their lives. There are different approaches to understanding the level of youth participation in these processes: discussion and decision making. The institutional involvement of young people in local and regional affairs involves the introduction of appropriate structures or mechanisms that will enable young people to participate in the decision making and discussion of decisions that affect them and may affect their lives. Accordingly, forms of representative participation on a permanent basis are proposed, but are not limited to youth councils, youth parliaments, youth forums. This approach facilitates a rethinking of opportunities for youth policy implementation at the regional level and shifts the focus in terms of decentralization of the Ukrainian authorities from «youth work» to «active youth participation». Changes in the functions of public authorities in the sphere of youth policy implementation: dialogue and partnership; consultancy; active involvement in counseling. According to the author, one of these forms could be creation of regional councils of Youth Associations – a permanent advisory and advisory body.

PREVENTION OF OFFENSES IN THE BUDGETARY SPHERE BY MEANS OF ADMINISTRATIVE LAW

2017 ◽  
Author(s):  
Iryna Komarnytska ◽  
Keyword(s):  
Public Administration ◽  
Legal Framework ◽  
Scientific Basis ◽  
Preventive Action ◽  
Social Significance ◽  
Public Authorities ◽  
Legal Norms ◽  
Potential Possibility ◽  
Illegal Activities ◽  
Key Terms

The paper investigates the prevention of budget violations committed by officials of public authorities. The scientific basis for the study of the prevention of budget violations committed by officials of public administration bodies has been determined, and it has been established that it is a system of scientific ideas, approaches to the scientific interpretation of key terms and categories, in particular, the prevention of budget violations and the prevention of budget violations, administrative offenses, officials, public administration, public administration authorities and others, knowledge about the adoption of legal norms in the studied area and their meaningful change. As a result of the formation of the scientific basis of the study, insufficient attention of domestic scientists to the problem of crime prevention in the public sector, scientific substantiation of ways to solve the problem of unification of the normative regulation of this area in our time was stated. It has been proved that the prevention of budget offenses committed by officials of public administration bodies should be considered a complex and multifaceted legal phenomenon, which can be represented by a set of special measures of influence on officials of public administration bodies to neutralize the potential possibility of committing budget violations, elimination of factors that cause illegal activities , in order to protect public order, the rights and freedoms of citizens and the established order of government. It was found that its features are due to the peculiarities of the general legal framework for implementation, the sphere of preventive action, the rhiznoplanovist of measures of influence (individual, special and social preventive measures), the increased social significance of countering such torts.

COMPETENCE APPROACH IN EUROPEAN PUBLIC ADMINISTRATION: ESSENCE AND DEVELOPMENT TRENDS (ARCHETYPAL ASPECT)

2018 ◽  
Vol 1 (14) ◽  
pp. 132-143
Author(s):  
Martha Ivanivna Karpa
Keyword(s):  
Public Administration ◽  
Good Governance ◽  
Public Institutions ◽  
Public Authorities ◽  
European Public ◽  
Territorial Organization ◽  
Characteristic Features ◽  
State And Local ◽  
Main Components ◽  
Definition Of

The article reveals the main features of the competence approach in the practice of European public administration. The features of the competence approach in public administration are determined on the basis of analysis of the basic concepts of public administration. In the dynamics of the formation and development of popular theories of interaction between state and local authorities, such as the theory of a free community, community (public) and public and state (the theory of municipal dualism), we can trace a number of characteristic features of a competency approach, which manifests itself both through the general theoretical relations and manifestations, and through the practice of coexistence of public authorities. There is a problem of definition and distribution of public functions as a prerequisite for defining and shaping the competences of public institutions. An important issue in the context of a competent approach is the institutional consolidation of functions in the context of the existence of the basic models of territorial organization of power. In each of the varieties of the Governance concept (Responsive Governance concept, Democratic Governance concept, Good Governance concept), the specifics of the use of competencies are defined. The archetypal symbols in the European public administration are singled out using the analysis of competence in public administration in its main constituents. A brief description of the archetypal aspect of European public administration is given. The main components of competence are shown in connection with the existing archetypal symbols and the characteristic trends of their development. Their connection is shown according to the scheme “the entity component (who?) — the object component (what?) — the administrative component (how?) — the basis (in what environment?)”. Concerning the trends of development of a competence approach in the context of practice and theory of public administration, it is determined that modern concepts of public administration are characterized by shifting the balance between state and public institutions to the sphere of common goals and tasks, and thus responsibility. The joint activity of all subjects of society requires new forms of cooperation, definition of the spheres and subjects of each entity’s activity for effective cooperation, distribution of functions and competences of the entities, formation and consolidation of their status characteristics.

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.

scholarly journals Ranking port state control detention remarks: professional Judgement and spatial overview

2021 ◽  
Vol 13 (1) ◽  
Author(s):  
Efe Akyurek ◽  
Pelin Bolat
Keyword(s):  
Analytical Hierarchy Process ◽  
Professional Judgment ◽  
State Control ◽  
The Public ◽  
Marine Industry ◽  
Almost All ◽  
Safety Systems ◽  
Regulation Compliance ◽  
Hierarchy Process ◽  
Port State Control

Abstract Introduction The merchant marine fleet is under inspection by several parties to ensure maritime regulation compliance. International Maritime Organization mainly regulates the industry, and the most effective defender is indeed Port StateControl run by the regional memorandum of understandings. Objective This article aims to analyze all detention remarks of Paris Memoranda of Understanding (MOU) from 2013 to 2019 for EU15 countries (except Luxemburg and Austria) to guide marine industry on detainable Port State Control remarks and country risk profile. Methods The data of the detained vessels taken from the public website of Paris MOU and each report considered as a professional judgment that causes detention. Analytical Hierarchy Process Approach has been utilized to indicate the ranking of basic maritime regulations from the perspective of the Port State Control, and Geographic Information System (GIS) helps us to demonstrate the regional dispersion amongst EU15. Results Through an approach based on Analytical Hierarchy Process and demonstrating the results on GIS has been shown that almost all the country’s top priorities for regulation are Safety of Life at Sea (SOLAS) and Fire Safety Systems (FSS). Moreover, a comparative demonstration of the detention percentage of each regulation to AHP results demonstrates a better understanding of EU15 countries' detention profile. Conclusion The results of the study can assist Port State Officers, ship crew, ship owners, and managers in presenting the facts of their inspection and able to improve themselves. The spatial analysis is also expected to guide ship owners and managers to focus their vessel’s deficiencies on preventing sub-standardization. Policymakers also utilize these reports to evaluate their inspection practices.

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