ON DEFINITION OF THE CONCEPT OF PUBLIC ADMINISTRATION AS A SUBJECT AND AS A PROCESS

Author(s):  
Ihor Binko ◽  

The article attempts to differentiate between public administration as a subject of legal relations and as a relevant activity, a function that is inherent in it. It is stated that public administration as a separate legal institution within the framework of administrative law is at the stage of development in post-Soviet countries, including Ukraine, competing with theories and sciences of public administration, which a large number of experts recognize as inappropriate with modern public administration. and administration. At the same time, there is no unanimity of views, terminology is used, which has a double meaning. In the administrative law of Western European and North American countries, public administration is mainly defined as a set of bodies and institutions that exercise public power through the implementation of laws, regulations and other actions in the public interest. There are a large number of scientific definitions of public administration and public administration. The definition of "public administration" has the following closely related meanings - an integrated state apparatus (policies, rules, procedures, systems, organizational structures, staff, etc.), which is funded by the state budget and is responsible for managing and coordinating the executive branch and its interaction with other stakeholders in the state, society and the external environment; - management and implementation of various government measures related to the implementation of laws, regulations and decisions of the government and management related to the provision of public services. Thus, it would be logical to follow a structural approach, according to which public administration will be considered primarily as a set of state bodies and other public institutions designed to organize the effective functioning of society.

Author(s):  
I. Marko ◽  
S. Siryi

The article presents and analyses the budget of the Ministry of Defense in the course of the latest years according to datawhich have been approved by the State budget of Ukraine, its state and perspectives of development, as well as the features thatit is influenced by. There’s a presented comparison of the defense budget of the Ministry of Defense of Ukraine in absolute andrelative indicators with a consideration for inflation. In every country the sector of defense in a variety of its manifestationshappens to be a powerful community that often plays a dominating and crucial role. The aspiration of the government to assurethe defense capability of the state is reflected in the adequate establishment of the military budget, the appropriate expendituresfor defense purposes, the peculiarities of their implementation under the conditions of a military conflict and its adherence tointernational norms. Due to the increase in short terms of combat capabilities of the Armed Forces of Ukraine it was possible tostop the illegal armed formations. Yet, the issue of supporting the combat capabilities of our Armed Forces due to the resourcesand finances used for its purpose remains part of the current agenda. At the current stage of development of Ukraine there ar ethe challenges to increase the defense capabilities of the state, the conduct of reforms of the Armed Forces of Ukraine as well asother military formations in accordance with the state of the art requirements and including the experience obtained in the courseof the United Forces Operation, yet also the development of the defense-industrial complex, which is necessary to satisfy theneeds of our Armed Forces to the maximum. The successful implementation of the set tasks is in a significant way dependent onthe appropriate financial support the basis of which is formed by the expenditures of the state budget. Thus, the issue ofdynamics and the structure of the expenditures mentioned as well as the identification of systematic obvious tendencies in thesphere of defense financing are a part of the current agenda, especially under the conditions of the Russian armed aggressionagainst Ukraine.


2017 ◽  
Vol 5 ◽  
pp. 242-246 ◽  
Author(s):  
Jozef Kubás ◽  
Zuzana Ĺ tofková ◽  
Ján Mišík

The allocating revenue to the individual budgets of self-governments in the Slovak Republic is a highly sophisticated process. Redistribution of resources using fiscal decentralization is an effective instrument through which the government attempts to eliminate subsidizing of municipalities and self-governing regions from the state budget and thus achieve higher stability of the economy. The function of municipalities and higher territorial units is secured by so-called special purpose tax revenues, which do not go into the state budget but directly into the budgets of self-governments. This research contribution focuses on the revenue side of budgets of public administration institutions for the period of the last five concluding budget years. The analysis demonstrates the meaning and importance of tax revenues for the mentioned institutions as well as the expenditure side of the state budget. In this contribution, a comparative study identified the changes that occurred in the individual years of the presented range and subsequently, evaluated fiscal decentralization and its influence on the revenue side of budgets of municipalities.


2020 ◽  
pp. 230-236
Author(s):  
В. В. Репело

The study analyzes the categorical apparatus related to the concept of administrative activity of the State Migration Service in Ukraine, namely the categories «administration», «public administration», «public administration», «administrativeactivity»andothers.Thedefinitionoftheconceptof«administration» in the encyclopedic literature, in particular in the Legal Encyclopedia, highlights the main features of the administration, public administration. The term «public administration» is analyzed, the positions on definition of this definition by researchers O. Shatylo are given), it is indicated that this term is used in two meanings (narrow and wide), the definitions of public administration of V. Averyanov, R. Kravtsova, S. Chernov are also given. A. Zelentsov’s position on the characteristic features of public administration that distinguish it from private administration is highlighted. The main attention is paid to the disclosure of the term «administrative activity», the definition is defined in the reference literature, namely in the Great Ukrainian Encyclopedia, the Encyclopedia of Modern Ukraine. It is emphasized that the administrative activities of public authorities are implemented through the powers vested in the state, and from the state they receive the right to perform administrative functions, such powers are defined exclusively in regulations of the state and its authorities. Positions on the definition of «administrative activity» by M. Ishchenko, E. Mishchuk, A. Sorochynsky, S. Petkov and L. Spytska are given. Based on the analysis of legislation, bylaws and scientific literature on administrative law, the definition of the concept of administrative activity of the State Migration Service of Ukraine is proposed.


2020 ◽  
Vol 10 (4) ◽  
pp. 35-42
Author(s):  
Oksana Moroz ◽  
◽  
Volodymyr Vysotskyi ◽  

Nowadays the economic crises causes new functions for the government branches and its institutions. Taking into consideration the situation the authority should boost the work of the system of government administration, that could enhance the capacity of executive branch of law, influence maintaining of different crucial changes of the state, mainly economical, more purposely and productively. The normative base requires improvement of the state prognostication and principles of the programs of social and economic evolvement. Qualitative and effective administration is impossible without reformation of administrative legislature, aimed at setting up constructive cooperation of the government with Supreme Council of Ukraine, separate deputies� factions (groups) and non-factinal people�s deputy. It should be mentioned that carrying out codification and systematization of administrative legislature of Ukraine could cause the improvement of legal forms and methods of public administration: �Public administration, by doctrine�s definition, is a type of state activity, that consists of maintaining impact on those spheres and branches of social life, the needs of functioning and development of which demand particular intervention of the state with the assistance of certain level. The essential of them are connected with the maintenance of the functions of the executive branch of power�. Research and analyze of the process of approximation of Ukrainian legislature to the legal system of EU gives the opportunity to reveal the problems, circumstances, that require the immediate solution and suggest approaches to the improvement effectiveness of the process. Adaptation of Ukrainian legislative to the EU legislature is taking place simultaneously with legal reform in Ukraine. The state should renew the legislature, according to international principles and standards, as none of mentioned principles and standards in its legal base hasn�t existed yet.


2018 ◽  
Vol 6 (3) ◽  
pp. 32-38
Author(s):  
S. O. Mosondz ◽  
E. O. Kazmiryshyn

The article is devoted to the research of directions of administrative and legal support of the state policy in the field of European integration of Ukraine. On the basis of the study, the author clarifies the content of the categories of state policy and European integration of Ukraine; certain sources that determine the content and direction of state policy in the field of European integration of Ukraine; outlines directions of administrative and legal provision of state policy in the field of European integration of Ukraine.It is well-proven that European integration of Ukraine as sphere of public policy of Ukraine does not have permanent maintenance. Four groups of directions of public policy are distinguished in the field of European integration of Ukraine, that is provided due to the norms of administrative law: 1) directions that touch public relations in connection with providing of public power subjects, first of all, by public administration of rights, freedoms and legal interests of private persons in the field of realization of public policy in the field of European integration of Ukraine; 2) directions that touch public relations, in relation to the management of public and communal domain objects in the field of realization of public policy in the field of European integration of Ukraine; 3) directions that touch, that public relations that determine внутрішньоорганізаційну activity of public government bodies in relation to realization of public policy in the field of European integration of Ukraine; 4) directions that touch, that public relations in the field of co-operating of public government bodies with the institutes of civil society in relation to realization of public policy in the field of European integration of Ukraine.


Author(s):  
Yuliia Buhel

The article considers the essence of customs policy as a set of measures taken to ensure the most effective use of instruments of customs control and customs regulation of foreign economic activity, aimed at maintaining a positive trade balance of the country and the development of the national economy. It is noted that the state's customs policy is designed to promote the country's economic security, which will guarantee a sufficient level of socio-economic and defense existence, as well as the political independence of its economic interests in relation to possible external and internal threats and influences. In this context, the author emphasizes that the profound political, economic and social processes taking place in Ukraine today have determined serious changes in the understanding of the role and importance of the state's customs policy. It is studied that at the present stage of development of the national economy, customs policy as an integral part of public policy has a pronounced fiscal nature. Accordingly, it is emphasized that this definition of priorities is primarily caused by the problem of acute budget deficit, which is complicated by the problems of tax evasion, significant external debt and the state of social guarantees of the state. As conclusions, it is stated that the basis for the transformation of customs in Ukraine should be the transition from the customs service as an exclusively fiscal body that provides most of the tax revenues of the state budget to the controlling body, whose main purpose is to ensure compliance with Ukrainian legislation on customs. At the same time, it was emphasized that the role of control in modern conditions will be not only in a comprehensive assessment of the sphere of taxation of foreign economic activity, but also in identifying additional sources of filling the budget through effective management decisions. However, it is emphasized that the fiscal orientation of the customs service of Ukraine today is primarily due to the state of our economy. Therefore, fundamental changes in the conduct of customs affairs of Ukraine and its tasks are possible only with a corresponding change in the economic situation in the country.


2021 ◽  
Vol 2 (12) ◽  
pp. 138-149
Author(s):  
R. V. NAGORNYKH ◽  

The article substantiates the conclusions that the subject of modern administrative law and process in Russia is a complex multifaceted legal phenomenon that includes various social relations. The basis of the constitutional model of the subject of modern administrative law and process is public relations in the field of protecting the rights and freedoms of the individual by limiting discretion and arbitrariness in public administration, the development of institutions of judicial and public control over the activities of public administration as well as various public relations regarding the formation of the architecture of public power, direct implementation of administrative law enforcement activities in the field of public administration, the creation and direct participation of domestic subjects of public administration in the activities of international organizations endowed with administrative powers in the field of interstate interaction and coordination, supranational administrative regulation, control in the field of protecting national and global interests in ensuring security, economic and cultural development of various states and peoples


Author(s):  
Adam Bodіuk

The subject of the study is the mechanism for determining the fiscal fee forthe main transportation of hydrocarbon goods as a resource concept. The purposeof this article is to justify the nature and prospects of using, instead of currentrent, hydrocarbon fiscal-main income as a fiscal payment, which is brought intothe state budget by operators of the main hydrocarbon-transport system as business entities for their transportation of hydrocarbons and products of their processing through main pipelines appropriate to the economic requirements. Theresearch methodology is determined by a combination of methods: a) cognition:legal analysis (study of the regulatory framework for the use of rent); b) justification: abstract logical analysis (definition of the concepts of hydrocarbon fiscalmain income); c) generalization (substantiation of conclusions and proposals).Results of work. In the process of analyzing the regulatory legal acts that regulate the use of current annuity as payment to the budget for the main transportation of hydrocarbons, it was established that it is not a tax in the interpretationof PKU, since the essence does not meet the official definition of tax, does notmeet the accepted definition of the concept of rent. The accepted nature andmechanism of paying rent for the transportation of hydrogen resources and associated revenues of the state and users of the main hydrogen transport systemand the unpromising nature of its use as a fiscal payment are analyzed. Conclusions.It is proposed that the state pay for the territorial pumping of hydrocarbon resources according to our triple principle as hydrocarbon fiscal-main income, whichcorresponds to its essence, and accordingly change the mechanism for calculatingand depositing funds to treasury accounts. Since the funds come to the revenueside of the state budget, that is, inherently belong to state revenue. The creationof such a mechanism needs certain studies, justifications and government decisions. The same applies to land use, since the quality indicators of soils, wherethe laid pipelines are territorially different. In addition, there is a process ofchanging land for its intended purpose, for the property. The fee for movinghydrocarbon resources should be calculated depending on the type of transport,including pipelines, for a set of indicators: quantity and quality of goods, time,main tariffs and distance of its movement. The amount may be adjusted usingfactors officially established by the CMU. Since the pipelines are located in territorial lands, part of this fee should be transferred to the territorial local budgets.Theoretically, the economic use of trunk pipelines should be considered as a typeof economic environmental management. Therefore, this type of government revenue should be determined by a set of indicators, as well as taking into account the economic interests of business entities authorized by the CMU. Thus, theimplementation of our proposed fiscal payment is relevant, has scientific noveltyand promising practical significance, therefore, for state recognition it is proposedto include it in the Tax Code of Ukraine.


2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.


2018 ◽  
Vol 2 (3) ◽  
pp. 427
Author(s):  
Dewi Kania Sugiharti ◽  
Muhammad Ziaurahman ◽  
Sechabudin Sechabudin

Universities that apply the concept of Public Service Agency (BLU - PK PTN ) in performing functions as an organ which is engaged in the service infrastructure support through goods or services . As an institution under the auspices of the government and the state budget receives PTN PK - BLU implement mechanisms to acquire goods or services in accordance with the law. However, the procurement process in obtaining goods or services sometimes poses problems that arise as a consequence of the passage of the procurement of goods or services involving the organs in it as PA / KPA , KDP , ULP , and Committee / Receiver Procurement Officer. Rector of the KPA in PK - BLU PTN has the authority to control the organs that carry out the process of procurement of goods / services in the environment . Errors in the procurement process of goods / services performed by the CO and the ULP / Procurement Officer causing state losses due to these errors, either due to negligence or unlawful acts. As the KPA in the process of procurement of goods / services Rector can control the organs in accordance with the authority given. The consequences are acceptable if the authorities ultimately the procurement of goods / services did not heed the warning Rector officials related procurement process of goods / services will receive sanctions. Keywords: Authorized Budget, Financial State.


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