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.

scholarly journals INSTITUTIONAL BASIS OF STATE MANAGEMENT IMPROVING TOURISM DEVELOPMENT IN CONN�CTION WITH PROPERTY REALIZATION ON NATURAL RESOURCES

2017 ◽  
Vol 19 (1(63)) ◽  
pp. 174-182
Author(s):  
A.I. Martienko ◽  
N.I. Khymarova
Keyword(s):  
Natural Resources ◽  
Public Administration ◽  
Legal Framework ◽  
State Ownership ◽  
The State ◽  
Social Significance ◽  
Public Authorities ◽  
Property Relations ◽  
State Management ◽  
Business Entities

This publication is defined institutional framework for development of tourism state management and recreational activities on the basis of property relations on natural resources. Public administration institutions of tourist activities and recreational natural resources are analyzed. Positive and negative aspects in state management of natural resources and tourist activities are defined. The institutional principles of public administration development of recreation and tourism activity and ownership relations on the natural resources, that provide it, are offered. State structures authorized on behalf of the people in the disposal of recreation and tourist natural resources does not define effective forms and ownership of recreational and tourist natural resources and the appropriateness of changing the forms required socio-economic and ecological restrictions on property forms. For developing institutional foundations of property relations on recreation and tourist natural resources offered to refer follows: - formation special state policy according to the development ownership forms on natural recreation resources, with the definition of the resources that can only be in state ownership and those that may be in the different forms of appropriation and used by different business entities; - implementation by public authorities acceptable forms and ownership on recreation and tourist natural resources with taking into consideration their social significance, uniqueness and determination of the basis of natural recreational resources; - improvement of the legal framework concerning the implementation of different forms of ownership on recreation and tourist natural resources that occur between the state, owners, users and third parties; - contract relations development between the state and the owner of the natural resources on any right of ownership on natural resources.

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.

Spain’s Action to Control and Suppress Illegal, Unreported and Unregulated Fishing: Current Status and Future Prospects

2019 ◽  
Vol 34 (4) ◽  
pp. 642-667
Author(s):  
Gabriela A. Oanta
Keyword(s):  
Legal Framework ◽  
Current Status ◽  
Future Prospects ◽  
Public Authorities ◽  
Legal Norms ◽  
The Public ◽  
Fisheries Policy ◽  
Administrative Sanctions ◽  
Fisheries Law ◽  
Unregulated Fishing

AbstractThe aim of this article is to address the evolution of Spain’s action to fight against illegal, unreported and unregulated (IUU) fishing during the last thirty years, as well as its future prospects. Currently, Spain strictly complies with the provisions of the international fisheries law and the European Union’s Common Fisheries Policy. In addition, Spain adopted a complex and diverse normative framework, which allows it to establish administrative sanctions against various Spanish individuals and fishing companies, which are suspected of being involved in IUU fishing activities. Moreover, Spanish legal courts and tribunals had to adjudicate in a few cases occasioned by IUU activities. This article analyses the Spanish current legal framework regarding controlling and suppressing IUU fishing, as well as the enforcement of the legal norms in Spain by the public authorities with competences in this field and by the Spanish courts and tribunals.

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.

Essence and social significance of the institute for adoption of a child in the Republic of Uzbekistan

2021 ◽  
Vol 28 (4) ◽  
pp. 239-249
Author(s):  
Feruza Ibratova ◽  
Zamira Esanova ◽  
Umida Shorakhmetova
Keyword(s):  
Legal Framework ◽  
Living Conditions ◽  
Best Interests ◽  
Adopted Children ◽  
Social Significance ◽  
Adoptive Family ◽  
Legal Norms ◽  
Child Adoption ◽  
Legitimate Interests ◽  
The Republic

According to the Civil Procedure Code of the Republic of Uzbekistan, the adoption of minor children is carried out only by a judicial body that meets the norms of the Constitution of the Republic of Uzbekistan, international law, as well as international agreements of the Republic of Uzbekistan and world practice of adopting children, which is in the best interests of the child. At the same time, there is a growing need for a radical improvement of the institutional and legal framework that guarantees the protection of the legal and legitimate interests of children and the protection of their rights. The purpose of the article is to analyze the legal norms of issues on the adoption of children. Scientific research is based on a set of such private methods as formal-logical, system-structural, comparative-legal, historical, etc., which made it possible to identify and substantiate the concept, essence and social significance of the institution of child adoption in the Republic of Uzbekistan. As a result of the research, it was established that in the science of family law adoption is defined in the following forms: as a legal act; as the upbringing of children in an adoptive family, providing living conditions equivalent to the living conditions of biological children; as a device for minors left without parental care. The article discusses the concepts, essence and social significance of adoption, personal and property rights of adopted children, interests of the child in implementation, procedural issues of adoption

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 CORRUPTION IN THE SYSTEM OF PUBLIC ADMINISTRATION AND ECONOMY OF UKRAINE: CURRENT STATUS AND TRANSFORMATION

2021 ◽  
pp. 438-451
Author(s):  
A. Kofanov ◽  
N. Pavlovska ◽  
M. Kulyk ◽  
Yu. Tereshchenko ◽  
H. Strilets
Keyword(s):  
Public Administration ◽  
Information Exchange ◽  
System Analysis ◽  
Legal Framework ◽  
Current Status ◽  
Public Authorities ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
High Level

The article deals with a number of issues of investigation and prevention of corruption crimes in the field of public administration. The purpose of this paper is to analyze challenges in investigating and preventing corruption crimes in the field of public administration. The relevance of this study lies in the fact that the variety of forms of bribery, its penetration into various spheres of activity: economic, financial, entrepreneurial, educational, requires new ways to prevent and counteract these criminal manifestations, the creation of pragmatic recommendations aimed at improving their prevention and investigation. The study was carried out based on the method of system analysis and generalization of information obtained in the course of the study, questionnaires of different categories of law enforcement officers. They conduct pre-trial investigation of these crimes, as well as reports of the Expert Service of the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, the National Anti-Corruption Bureau of Ukraine, and Forensic Science Institutes of the Ministry of Justice of Ukraine for 2016-2019, the legal framework on liability for corruption offenses. The most relevant motives and methods of committing corruption crimes have been analyzed and it has been established that bribery and corruption rank first among economic crimes, and the high level of corruption of state bodies in various spheres of public life contributes to the increase in the number of such crimes. The study found that civil servants through abuse of office, as well as obtaining undue benefits predominantly commit corruption crimes. The ways of improving the forms of combating corruption in public authorities are proposed, which will reduce the level of corruption in the public administration system, in particular, the implementation of measures aimed at enhancing information exchange between non-governmental organizations, the media, the public and local authorities, and public authorities.

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.

Introduction

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
General Introduction ◽  
Legal Personality ◽  
Key Terms ◽  
International Legal Personality

The general introduction sets the scene for the legal issues addressed in this book by presenting their relevance in most recent conflicts and other situations of violence, including in Syria, Iraq, Libya, Ukraine, the Central African Republic, and Kenya. It also introduces the legal framework the book sets out to examine, notably international humanitarian law, human rights law, and international criminal law. The introductory chapter further presents the book’s methodology, introduces its structure, and explains key terms and concepts. These include, in particular, the terms ‘non-state armed group’, ‘international legal personality’, and ‘degree of organization’, which are especially relevant throughout the book.

Sign in / Sign up

Export Citation Format

Share Document