scholarly journals Administrative-legal regulation of proactive forms of public administration: current state and prospects

2021 ◽  
pp. 63-80
Author(s):  
Artem Vladimirovich Mazein
Keyword(s):  
Public Administration ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Public Utilities ◽  
Public Order ◽  
Municipal Services ◽  
State Control ◽  
Administrative Action ◽  
Current State ◽  
Domestic Practice

This article examines the legal regulation of proactive form of exercising administrative activity. In the domestic practice, proactive activity became widespread in 2019–2020. Leaning on the analysis of scientific literature, the author underlines that the content of the principle of proactivity, defined in the existing normative legal acts, reflects the well-known scientific approaches. As a result of the content analysis of normative legal acts, the conclusion is drawn that the principle of proactivity is currently applied in the spheres of social security, public health, tax administration, and state control. The author offers to extend application of the principle of proactivity to the spheres of enforcement of public order, uninterrupted supply of public utilities, and road management. The article summarizes the provisions of legal acts that regulate proactive administrative activity and proposes the structure of elements of its legal consolidation. Among the elements that should be defined by law, the author suggests to include the subjects and objects of activity, as well as the content of administrative action, including technologies and instruments that ensure proactive administrative impact. The normative legal acts that may establish the corresponding elements are the administrative regulations for ensuring state (municipal) services. At the time of carrying out the research, out of 103,000 administrative regulations effective on the regional and municipal levels, only 575 ( 0.6%) indicate the ability or inability of proactive rendering of services. The conclusion is made that in the future the number of such legal acts would increase.

Provision of state and municipal services in Russia: the current state and main directions for improving

Servis plus ◽  
2015 ◽  
Vol 9 (2) ◽  
pp. 3-10
Author(s):  
Людмила Гаврилова ◽  
Lyudmila Gavrilova
Keyword(s):  
Public Administration ◽  
Social Services ◽  
Unsolved Problem ◽  
Legal Regulation ◽  
Municipal Services ◽  
Administrative Reforms ◽  
Current State ◽  
Key Issues ◽  
Services Innovation

In today´s world there is urgency to improving the scope of government (municipal) services, updating their delivery mechanisms by bringing them in line with modern requirements of society, under the influence of the rapidly developing information technology. State policy in Russia in the sphere of state (municipal) services includes a range of activities, the implementation of which aimed at improving the legal regulation of this sector, the introduction of new forms of state (municipal) services, streamlining the organization of supply and improving the quality of the services. These activities are implemented in stages within the framework of state reforms that are going on in Russia for more than a decade. The article analyzes a specific budget measures and administrative reforms in state (municipal) services. The analysis of the concepts "public service" and "public function" within the legal format allowed the author to distinguish between measures to improve the organization of state (municipal) social services provided by the state (municipal) institutions and public services provided directly by state executive bodies ( "administrative " services). For example, in the area of social services the ratio of the planned amount of state (municipal) services and their financial security remain key issues. In order to improve "administrative" services innovation in recentyears are rapidly introduced new forms of delivery of these services, which are key objectives of the possibility of application for state (municipal) services in electronic form, as well as creating a network of institutions authorized for the provision of public ( municipal) "administrative" services — multipurpose centers. However, the general unsolved problem within the scope of public administration (municipal) services is improving their quality and accessibility.

scholarly journals Subjects and objects of public administration in the sphere of fire safety in Ukraine

2018 ◽  
Vol 5 (11) ◽  
pp. 31-43
Author(s):  
S. V. Govorun
Keyword(s):  
Public Administration ◽  
Fire Safety ◽  
Safety Management ◽  
Legal Regulation ◽  
The State ◽  
Civil Protection ◽  
Current State ◽  
Prescriptive Model ◽  
The Subject

The article analyzes the current state of the normative and legal support of the activity of public administration bodies in the field of fire safety of Ukraine. Their place, role and functions in providing fire safety, the need for further regulation and improvement of regulatory and legal regulation in this field are considered in order to optimize the work of state bodies in the field of fire safety of Ukraine, eliminating duplication of their functions. The subjects and objects of public administration in the field of fire safety in Ukraine, which are enshrined in normative-legal acts, are analyzed. It’s proposed to make changes to the system of the current legislation in Ukraine in the field of fire safety, in particular the Code of Civil Protection of Ukraine (2012) and constructed a prescriptive model of the subject-object legal relations of the state fire safety management.

scholarly journals The environmental regulation of mining: legal foundations

2021 ◽  
pp. 106-110
Author(s):  
O Vasylchenko ◽  
O Lotiuk ◽  
A Yevstihnieiev ◽  
A Basalaieva ◽  
S Kustova
Keyword(s):  
Public Administration ◽  
Environmental Regulation ◽  
Legal Framework ◽  
Legal Regulation ◽  
The Public ◽  
Current State ◽  
Integrated Research ◽  
Legal Foundations ◽  
The Difference ◽  
The Impact

Purpose. To enhance the quality of Ukrainian legislation by improving the legal framework of public administration in the field of environmental regulation of mining in Ukraine. Methodology. The authors used comparative and legal, historical, systemic, structural and functional, formal and logical, and dialectical research methods. The need to use an integrated research method is emphasized. Findings. The authors investigated two problems actualized by the so-called Adani Syndrome: 1. The criteria for assessing the impact on the environment and their legal force. 2. The legal framework governing the rights of the owner, the state and the public. The above problems were studied in comparison with the legal support of environmental regulation of mining in Ukraine. Originality. The experience of environmental regulation of mining in Australia is analyzed on the example of the conflict over the Carmichael mine project, resulting in disclosing the current state of Ukrainian legislation in this area. The directions of improving the legal foundations of public administration in the field of environmental regulation of mining in Ukraine have been brought up for discussion. Practical value. The use of the obtained results will make it possible to eliminate the difference between the legal support of environmental regulation of mining in developed and developing countries. The proposals have been formulated to improve the legal regulation in the area under study in terms of detailing the powers of individual governing bodies of special competence, as well as in terms of procedures for assessing the environmental impact. The formulated proposals can help to strengthen the effectiveness of the legislation in power.

scholarly journals THE INSTRUMENTS OF ADMINISTRATIVE AND LEGAL PROVISION FOR THE REALIZATION OF THE RIGHT TO A SAFE AND HEALTHY ENVIRONMENT

2019 ◽  
pp. 109-118
Author(s):  
V. V. Polubatko
Keyword(s):  
Environmental Protection ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Provision ◽  
Healthy Environment ◽  
Current State ◽  
The Right

The article is focused on determining the instruments of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals and formulating the propositions to improve the normative and legal regulation of the procedures of their application. The author of the article has established the state of scientific developments concerning the realization of the citizens’ right to a safe and healthy environment and the instruments of its administrative and legal provision. The concept of administrative and legal provision and its instruments have been revealed. The functions of public administration subjects assigned to them in the field of environmental protection have been highlighted; the shortcomings of their normative and legal regulation have been determined; and the ways of their solution have been suggested. The author has named the types of instruments of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals and their certain characteristics. The system of normative and legal acts regulating the procedures for their use has been studied. The current state of normative and legal regulation of the application of the instrument of administrative and legal provision for the realization of the right to a safe and healthy environment by individuals has been clarified; and propositions and recommendations regarding the ways of its improvement have been formulated. In particular, a number of specific problems that are to be obligatory solved has been defined: lack of procedures of public administration activities and a normative act that would introduce unified rules for the application of the instruments of public administration activities; contradictions and inaccuracies that exist in the current normative and legal acts; validity of normative acts adopted with violation of powers.

scholarly journals Directions of Improvement of Legal Regulation in the Field of Development of Stimulation Information Technologies

2017 ◽  
pp. 62-69
Keyword(s):  
Strategic Planning ◽  
Public Administration ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Regulation ◽  
Digital Economy ◽  
Organizational Barriers ◽  
Current State ◽  
The Russian Federation ◽  
Legal Mechanism

The article analyzes the current state and prospects for improving the legal regulation of public administration in the sphere of stimulating the development of information technologies, including formation of a digital economy in the Russian Federation. Based on the analysis of the Russian legislation, key elements of the legal mechanism of public administration in the sphere of stimulating the development and introduction of technologies in various fields that can be used to stimulate the development of information technologies are identified. The analysis of the documents of strategic planning and information legislation made it possible to substantiate a number of proposals for improving the legal regulation in the sphere under consideration, including legislative provisions for stimulating IT development, identifying and eliminating legal and organizational barriers to their development, and measures to stimulate it.

Legal regulation of operational and search activities in correctional institutions

2020 ◽  
pp. 140-149
Author(s):  
Кирилл Вячеславович Капустин
Keyword(s):  
Comparative Analysis ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Correctional Institutions ◽  
Legal Basis ◽  
Legal Norms ◽  
Current State ◽  
The Subject ◽  
Definition Of

В статье проводится анализ теоретических положений правового регулирования оперативно-розыскной деятельности и современного состояния нормативного регулирования рассматриваемой деятельности в исправительных учреждениях. На основе сравнительного анализа современной научной литературы по рассматриваемому вопросу автором делается вывод, что исследователи, как правило, отождествляют понятия «правовое регулирование» и «правовая основа» и не уделяют должного внимания правовому регулированию оперативно-розыскной деятельности как процессу, а также формулируется авторское определение «правовое регулирование оперативно-розыскной деятельности». Автор предлагает разделить нормативное регулирование оперативно-розыскной деятельности в исправительных учреждениях на три уровня: конституционный, федеральный, ведомственный и межведомственный. В рамках проведенного исследования были выявлены недостатки ряда правовых норм и предложены пути по их решению. The article analyses both the theoretical provisions of the legal regulation of operational and search activities and the current state of the regulatory regulation of the activities in correctional institutions. On the basis of a comparative analysis of the current scientific literature on the subject, the author concludes that researchers generally identify the concepts of "legal regulation" and "legal basis" and do not pay due attention to the legal regulation of operational-search activities as a process, as well as the author 's definition of "legal regulation of operational-search activities." The author proposes to divide the normative regulation of operational-search activities in correctional institutions into three levels: constitutional; federal; departmental and interdepartmental. The study identified shortcomings in a number of legal norms and suggested ways to address them.

scholarly journals TO THE ISSUE OF THE CONCEPT OF THE STATE TASK AS A FINANCIAL INSTRUMENT IN THE SPHERE OF EDUCATION AND ITS LEGAL REGULATION

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 201-211
Author(s):  
Надежда Николаевна АНДРЕЯНОВА ◽  
Лариса Владимировна НАУМОВА
Keyword(s):  
Scientific Literature ◽  
Legal Regulation ◽  
The State ◽  
Municipal Services ◽  
Empirical Methods ◽  
Financial Instrument ◽  
Legal Norms ◽  
The Subject ◽  
The Russian Federation ◽  
Theoretical Foundations

The financial provision of state and municipal services is being actively improved at the legislative level, and therefore is the subject of interest of jurisprudence and economics, which determines the relevance of the chosen topic. Purpose: to study scientific literature on the theoretical foundations of the concept of «finance», and regulatory legal acts of the Russian Federation related to the concepts of «financing» and «state task» for disclosing the concepts of financial provision of state and municipal services in the sphere of education. Methods: the authors use the empirical methods of comparison, description, interpretation, legal-dogmatic and as well as the method of interpretation of legal norms. Results: the authors’ interpretation of the concept of «state task» is given, it is concluded that the state task is a financial instrument in the budgetary sphere.

scholarly journals Features of Legal Regulation of Handling of Farm Animals During Slaughter in Ukraine

2019 ◽  
Vol 1 ◽  
pp. 71-79
Author(s):  
Iryna Siuiva
Keyword(s):  
Legal Regulation ◽  
Biological Species ◽  
Individual Characteristics ◽  
Farm Animals ◽  
Legal Responsibility ◽  
The European Union ◽  
State Control ◽  
Advantages And Disadvantages ◽  
Current State ◽  
Market Infrastructure

The article deals with the peculiarities of legal regulation of handling of farm animals during slaughter. On the basis of the analysis of Ukrainian legislation and international legislation, the requirements for the transportation of animals have been determined, taking into account their biological, species and individual characteristics, as well as the primary processing of animals and products obtained by slaughter. In the article particular attention is paid to the subject composition of the studied legal relations, the problems of applying humane methods of slaughter of farm animals and certain issues of legal responsibility in the sphere of handling animals during slaughter in Ukraine. The state of development of slaughter economy of producers of agrarian sector of Ukraine was studied. An estimation of the current state of functioning of slaughter points in Ukraine was carried out. Based on the generalization of the world and domestic experience, the directions of their development were proposed as a component of the market infrastructure. The conclusion was made about the need for the development of slaughter stations as an alternative to home slaughter of livestock intended for sale. The advantages and disadvantages of the prohibition of selling meat from home slaughter of livestock were analyzed. The ways of improving the system of state control in the field of food safety were proposed taking into account the requirements of the European Union and the socio-economic situation in Ukraine.

scholarly journals ANTICORRUPTION COMPLIANCE: INTERNATIONAL EXPERIENCE IN LEGAL REGULATION AND INNOVATION FOR UKRAINE

2019 ◽  
Vol 7 (5) ◽  
pp. 765-770
Author(s):  
Оlena Lutsenko
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Public Officials ◽  
Compliance Management ◽  
The Public ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
Domestic Practice ◽  
First Time

Purpose: To explore and to analyze the global experience in anticorruption compliance management and to highlight exceptional importance of the anticorruption compliance system to be implemented in Ukraine for fighting corruption; to determine necessary steps to involve workers to the local anticorruption program; to offer specific recommendations for reforming the existing anticorruption compliance system in Ukraine. Methodology: The study was conducted with general scientific (formalization, abstraction, analysis, and synthesis) and specific scientific (formal and legal, comparative and legal, and legal forecasting) cognitive methods applied. Result: Upon thorough investigation of the issue, the author concluded that the anticorruption compliance system should be approved upon discussion with public officials, offered a new form of this discussion to be effective and to function in fighting against corruption offenses in domestic practice, and noticed that compliance management should involve professional standards, powers distribution regulation, and ethics rules determination. Applications: The study is known to be innovative in Ukraine and the results might be interesting and useful for domestic legislators and public administration subjects at the building of the highly effective anticorruption compliance system. Novelty/Originality: The study is believed to cast some light on the gaps in this issue which needed to be clarified since previous poor efforts seem still contradictory. The subject of the study is considered in Ukraine for the first time. The results of the study are obtained based on the independent investigation of the current anticorruption program in the public service and might be promising for effective application.

scholarly journals Local self government and formation of self governing in rural areas

2014 ◽  
Vol 36 (4) ◽  
pp. 937-945
Author(s):  
Vytautas Pilipavičius ◽  
Inga Vidrevičienė
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Rural Areas ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Self Organization ◽  
Self Management ◽  
Cultural Assumptions ◽  
Documentary Sources ◽  
Cultural Sites

Nowadays, in public administration observed high dichotomy between legal regulation of selfgovernment (de jure) and local self-government practice (de facto) – self management. This makes communication, harmony and compatibility problem between local self-organization and organization of self-management in rural areas. Today this problem is related to the formation of selfgoverning as a systematic practice of local self-government in rural areas. Research aim – an analysis of historical and cultural sites of self-government and self-management and provide guidelines for the formation of self-governing in rural areas. The research design consists of local selfgovernment and the assumptions of self-management analysis, the development of local selfgovernment, decentralization of management and local government, local government and government institutions regulatory authority, public administration, trends and prospects, and local government strategic planning contexts. Studies the use of the scientific literature and analysis of documentary sources, content and structure analysis methods. The article highlighted the historical and cultural assumptions of local self-government, and for self-management and provided guidelines for the formation of self-governing of Lithuanian rural areas.

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