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 DEVELOPMENT OF THE ADMINISTRATIVE LAW IN THE KYRGYZ REPUBLIC

2020 ◽  
pp. 92-104
Author(s):  
Rustam Madaliev
Keyword(s):  
Administrative Law ◽  
Kyrgyz Republic ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Administrative Legislation ◽  
Administrative Procedures ◽  
Law And Legislation ◽  
Administrative Justice

The article provides an overview and stages of the development of law and legislation on administrative procedures and administrative justice in the Kyrgyz Republic. The article discusses the adoption, implementation, content and the application of the new Law on Administrative Procedure and the Administrative Procedure Code of the Kyrgyz Republic. At the beginning, the socio-political background and the rationale for the ongoing judicial reforms and the efforts of the state to strengthen the rule of law in the Kyrgyz Republic are described. A significant part of article considers steps for developing a law on administrative procedures of the Kyrgyz Republic and the problems associated with its development. Then, the content and issues of implementation and the problems of the practical application of the new law on administrative procedures of the Kyrgyz Republic are disclosed. A separate part is devoted to the development, content, implementation and practice of the application of the new Administrative Procedure Code of the Kyrgyz Republic. The article also outlines the problems and shortcomings in the practice of applying legal norms on administrative procedures and administrative justice in the Kyrgyz Republic. In general, the article summarizes that a new system of administrative law has been formed in Kyrgyzstan to replace “Soviet” administrative law, but there are still problems in understanding and applying the new administrative legislation: not all the regulatory framework and practice of administrative agencies are brought into line with the new legislation; there are facts of not understanding, ignoring and not applying the new legislation by public authorities; not all curricula of higher legal education are brought in line with a new understanding of administrative law. It is necessary to continue the implementation measures to put into practice the new administrative legislation through organizational measures to educate and train law applicators, as well as the development of judicial practice in administrative cases.

scholarly journals The Subject of the Migration Process as the Main Component of the Administrative and Legal Mechanism of Migration

2020 ◽  
pp. 274-285
Author(s):  
Iryna STOROZHUK
Keyword(s):  
Public Management ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Migration Process ◽  
Public Authorities ◽  
The Subject ◽  
Main Component ◽  
Legal Mechanism

One of the conditions for building the rule of law is to improve public management of migration processes in accordance with international standards. Migration is an integral part of any state. Migration processes can be affected by economic, political, social, demographic factors, environmental or man-made disasters. Not the least role in migration processes is played by military conflicts or religious or racial persecution. Migration is the movement of a person to change his or her place of residence or stay, involving the crossing of a state border or the boundaries of administrative-territorial units. The administrative and legal mechanism of migration covers the main elements of the migration process. The main one is the subject. Migrant as the subject is a person through whom migration relations arise. The system of public authorities is treated as a subject of regulation of migration processes on behalf of the state. It is the interaction of the subjects that makes migration relations real. The subjects of migration processes are: public authorities and administration, which are endowed with certain powers in the field of migration management. Individuals who have crossed administrative borders or changed their place of permanent residence can be citizens of Ukraine, citizens of foreign countries, stateless persons, refugees, internally displaced persons. Non-governmental organizations that do not have direct authority to manage migration processes and can have a direct impact on the integration of migrants into the new social environment. The ratio of executive, legislative and judicial power in the system of legal regulation of migration in Ukraine shows that the indispensable attribute of the state-power mechanism, built on the principles of separation of powers, is the executive power. It creates conditions for the implementation of the preventive function of the legislature, initiates changes in the current migration legislation; implements its own executive and administrative functions; supports the exercise of judicial functions by the judiciary and itself acts as an object of judicial influence. The analysis shows that geopolitical migration processes contribute to the expansion of the subjects of migration processes, and that one of the current problems of the modern system of administrative and legal regulation of migration processes is the need to reconcile the interests of the state, its citizens and migrants.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

scholarly journals E-GOVERNMENT AS A METHOD FOR LEGAL COMMUNICATION BETWEEN CIVIL SOCIETY AND PUBLIC ADMINISTRATION

2021 ◽  
Vol 1 ◽  
pp. 125-138
Author(s):  
Olena Makeieva ◽  
Liudmyla Shapenko ◽  
Kateryna Vodolaskova
Keyword(s):  
Civil Society ◽  
Public Administration ◽  
Local Governments ◽  
Digital Age ◽  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
Depth Analysis ◽  
Legal Communication

E-government is a form of public administration which promotes efficiency, openness and transparency of public authorities and local governments with the use of information and telecommunications technologies to form a new type of state focused on meeting the needs of citizens. E-government is studied as a way, a form, the concept, system and mechanism of cooperation between the state (public administration) and public sectors (civil society). As a method for legal communication between civil society and public administration, e-government plays the role of a means of public self-government, which involves interactivity and continuity of interaction between citizens and the state, the presence of public control over the activities of public authorities. This article is dedicated to reveal the role of e-government for realizing the goals of legal communication between its participants in public life. However, further in-depth analysis requires understanding the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, as well as exploring promising areas of legal regulation of virtual legal relations between public authorities and civil society. The implementation of e-government in Ukraine should be provided on a qualitatively new level to develop efficient legal communication between government and society as a whole, strengthen confidence in the state and its policies, improve cooperation between public authorities and local governments, business, citizens and civil servants. The authors of this article adhered to its purpose, which is to analyze the understanding of the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, and exploring promising areas of legal regulation of virtual legal relations between government and civil society.

scholarly journals MECHANISM OF ADMINISTRATIVE AND LEGAL REGULATION OF THE PROCEDURE FOR CONSIDERATION OF CITIZENS' APPEALS

2020 ◽  
Vol 1 (9) ◽  
pp. 69-74
Author(s):  
Oleksii Dniprov ◽  
Keyword(s):  
Rule Of Law ◽  
Public Management ◽  
Decisive Role ◽  
Legal Regulation ◽  
The State ◽  
Political Life ◽  
Structural Elements ◽  
The Rule Of Law ◽  
Administrative Procedure ◽  
Legitimate Interests

The article is devoted to the analysis of the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals. It is noted that the analysis of this mechanism should be carried out through the prism of the study of such legal categories as "appeals", "procedure", "administrative procedure", "administrative procedure for consideration of citizens' appeals". It turns out that administrative procedure for consideration of citizens' appeals is a procedure regulated at the legislative level by an authorized entity (competent public authority) for actions that consist in consideration, in the terms determined by the legislation, relevant proposals (comments), statements (petitions) or complaints and notifications of persons who have applied to a public body about the results (consequences) of consideration of their application. It is proposed to understand the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals as a set of legally defined means by which the state, represented by authorized subjects of public administration, exercises public management influence on legal relations aimed at protecting the rights and legitimate interests of individuals and also, if necessary, for their restoration, which is carried out in order to ensure the rule of law as a legal regime of socio-political life in the state. It is indicated that when studying the mechanism of administrative and legal regulation of procedures for consideration of citizens' appeals, its elements should be given a decisive role. In the framework of this study, such structural elements as the rule of law and subjects were considered. It is proposed to divide the subjects acting as participants of administrative and legal relations concerning the address of citizens into two groups: obligatory and optional. It is determined that the obligatory subjects should include individuals who submit an application and the entity that reviews the application; to optional – persons in whose interests the appeal is filed, persons whose actions or omissions are challenged; persons who facilitate the consideration of the appeal.

scholarly journals Administrative Procedures and Processes

2021 ◽  
pp. 163-183
Author(s):  
Jan Ziekow
Keyword(s):  
Public Administration ◽  
Public Management ◽  
Legal Status ◽  
New Public Management ◽  
Administrative Procedure ◽  
Generic Term ◽  
New Public ◽  
Process Thinking ◽  
Administrative Procedures ◽  
High Degree

AbstractA process-oriented approach sees public administration as an interconnection of information, communications, interactions and decisions. It establishes the process organisation that shows the state ‘in action’ and complements the administrative and personnel side of public administration. While the term administrative processes can be understood as a generic term for this procedural side of the administration, according to the German understanding, procedures are processes with which the administration works towards citizens and companies and in which these face the administration with their own rights. Characteristic of these procedures vis-à-vis persons outside the administration is a high degree of juridification by administrative procedure law. The legal status of the citizen vis-à-vis the administration is very strong in Germany. In recent years, also influenced by New Public Management thought, great efforts have been made to optimise the procedural side of public administration. The chapter presents significant tools and approaches of this process thinking.

scholarly journals PUBLIC AND LEGAL RELATIONS AS A SPHERE OF JUDICIAL PROTECTION OF VIOLATED RIGHTS, FREEDOMS, AND INTERESTS

2021 ◽  
Vol 7 (2) ◽  
pp. 219-223
Author(s):  
Vyacheslav Tylchyk ◽  
Viktor Leschynsky
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Self Regulation ◽  
Legal Regulation ◽  
Functional Method ◽  
The State ◽  
Public Authorities ◽  
Legal Form ◽  
Legal Norms ◽  
Administrative Proceedings

The role of legal relations in legal science cannot be overestimated, especially given the expansion of the boundaries of the subject of administrative law, which leads to the need to rethink its content. Legal relations can be defined as a kind of phenomenon that is a sign of a systemic connection and includes law in its subjective and objective sense. This is due to the fact that the law without legal relations loses its practical meaning, even in the case of certain material leverage. An important statement in the context of scientific research is that law is a real element of public life only when its existence is mediated by legal relations. It is clear that the sphere of public and law relations is much narrower in terms of the volume of social relations in general, which are due to the presence of phenomena that, crystallizing through the prism of legal regulation, acquire legal consolidation and significance. Analysing social relations (individual phenomena, institutions), scientists automatically transfer them to the legal plane. In this case, it is not possible to state the equal importance of social relations and law in legal relations, because the first will fill the legal gaps that will be the cornerstone of their order, and the conceptual apparatus of such a system will have to affect the legal form of law enforcement or vice versa. The reflexivity of a person’s perception of social norms expressed in the balance of social relations and law in legal relations can be established only by analysing not only legal norms but also social relations, which they organize in a “volumetric” sense. It is clear that such a process should not turn into a mechanical increase in legal regulation, but take into account the peculiarities of social relations, which, in fact, indicate anthropocentrism rather than the fact of priority or importance for the state as a subject (participant). In this context, it should be noted that today it is extremely difficult to determine which relations are most important for the state; moreover, the balance of human-centrism seems unclear, because without the participation of public authorities in the declared “self-regulation” to reach any “stability” whether it is impossible to overcome the negative phenomena. Methodology. The solution of the tasks is carried out using the cognitive potential of the system of philosophical, general scientific and special methods. Constitutionalism and synthesis allowed to define attributes and essence of the concept of “public law relations” and create this and other concepts. Using the form of analysis – systematization – the problems of classification of disputes in the field of public relations are identified, which are resolved by administrative courts. The structural and functional method is used during the characterization of public and law relations as a sign of a dispute, which is resolved in administrative proceedings and the study of the structure of the judicial administrative process. Methods of linguistic analysis and interpretation of legal norms helped identify gaps and other shortcomings in the legislation, develop proposals for its improvement.

scholarly journals Administrative procedure for appealing against decisions, actions or omissions of public administration entities regarding the provision of public services in the field of migration and citizenship

2021 ◽  
pp. 13-15
Author(s):  
Serhii IVANOV
Keyword(s):  
Public Administration ◽  
Public Management ◽  
Public Services ◽  
Legal Culture ◽  
Legal Institution ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Procedural Support ◽  
The Subject ◽  
And Migration

The paper is devoted to the coverage of the administrative procedure for appealing against decisions, actions or inaction of public administration entities on the provision of public services in the field of migration and citizenship. An administrative appeal is a complex, complex legal institution that includes both procedural and procedural rules. The main forms of administrative appeal are judicial and extrajudicial; moreover, if a court appeal may be exclusively an optional stage of the administrative procedure, then the out-of-court form of consideration of the complaint, also being an optional stage of the administrative procedure, is itself a kind of administrative procedure. In other words, these forms of appeal in the light of the subject of our study will logically be defined as administrative-procedural and administrative-procedural. It is established that the administrative and procedural support of public management of migration is not used effectively enough to appeal in the administrative as a tool to protect the rights of individuals. To overcome this negative trend, we need both transformations in the field of regulatory support, in particular the above amendments to the Law of Ukraine “On Citizens' Appeals” and raising the level of legal culture and legal awareness of all subjects of administrative and legal relations in the study area. The result of intensifying the use of administrative-procedural forms of appeal in the study area should be to reduce the number of administrative lawsuits against the staff and departments of the DMS and ensure the implementation of the principle of efficiency of administrative decisions in the implementation of administrative procedures in public administration of citizenship and migration.

scholarly journals GENERAL CHARACTERISTICS OF THE FORMATION OF PREREQUISITES FOR THE FORMATION OF REGULATORY AND LEGAL REGULATION OF ADMINISTRATIVE PROCEDURES FOR THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES AS A DIRECTION OF REALIZATION OF THE SOCIAL FUNCTION

2020 ◽  
Vol 1 (9) ◽  
pp. 121-125
Author(s):  
Iryna Tkachenko ◽  
◽  
Keyword(s):  
Law Enforcement ◽  
Social Function ◽  
Legal Regulation ◽  
The State ◽  
Persons With Disabilities ◽  
Administrative Services ◽  
Administrative Procedure ◽  
The Social ◽  
Wide Range ◽  
Administrative Procedures

The articles analyze the essence of the concept of "administrative procedure", defined by its features and the degree of detail in national legislation. It is determined that the issues of the institute of administrative implementation and administrative procedure were devoted to a wide range of domestic scientists. The concept of "administrative procedure" and its identification with compatible concepts are analyzed. Certain features of administrative procedures for the protection of the rights of persons with disabilities as a direction of realization of the social function of the state are singled out. It is determined that through the whole system of administrative procedures for the protection of the rights of persons with disabilities as a direction of realization of the social function of the state can be classified according to various criteria, namely: 1) for the time (duration) of legal relations: one-time; temporary (short-term); permanent; periodic; 2) by stages in the system of legal relations of administrative services are consistently divided into: acquisition (appointment) of disability; provision of administrative services in the field of protection of the rights of persons with disabilities; termination (deprivation) of the status of a person with a disability; 3) with the exception of the competence to implement the administrative procedure: separate competence of the Ministry of Social Policy of Ukraine; exclusive competence of bodies in the field of social protection of oblast, Kyiv city state administration and the Autonomous Republic; exclusive competence of profile subdivisions and their officials as a part of local public authorities (district state administrations, united territorial communities); 4) for several subjects from among public administration bodies: administrative procedures that belong to the competence of one law enforcement body; administrative procedures falling within the competence of two or more law enforcement agencies.

scholarly journals Provision of Registration Services by Public Administration Agencies in the Field of Land Protection

2019 ◽  
Vol 73 (2) ◽  
pp. 63-68
Author(s):  
М. В. Чорна
Keyword(s):  
Land Use ◽  
Public Administration ◽  
Land Rights ◽  
Legal Regulation ◽  
The State ◽  
Private Land ◽  
Land Protection ◽  
Private And Public ◽  
The Law ◽  
State Registration

The author of the article has stated that the land relations reform and the start of decentralization led to changes in the system of public administration agencies in the field of land protection and expanded their powers, for example, to provide registration services. The author has paid attention to the fact that the current Land Code of Ukraine (hereinafter referred to as the LC of Ukraine), in particular the Section VII “Administration in the field of land use and protection”, provides the execution of only management functions in the field of land protection by public administration agencies. It has been emphasized that there were no complex studies in Ukraine concerning theoretical and applied problems of legal regulation of service relations, in particular the provision of registration services, in the field of land protection with the participation of public administration agencies, which would be based on the current legislation. The author of the article has stated that the provision of services in the field of land protection is a new type of activity for public administration agencies in the field of land protection. Service legal relations ensure the realization of private and public interests and are formed in those areas of land use and protection management, where public and private land interests are interdependent. Thus, the owner is interested in fixing and publicly announcing his land rights in the field of state registration of land rights. But parties concerned cannot ensure their private interests without the assistance of the state. Thus, the state, represented by public administration agencies, guarantees that the state registration of land rights is in the interest of one and all. It has been noted that currently the legal regulation of service relations for the provision of registration services in the field of land protection has not been enshrined either in any general regulatory act, which is the Law of Ukraine “On Administrative Services” gated from September 6, 2012 No. 5203-VI, or in special regulatory acts, such as the LC of Ukraine and the Law of Ukraine “On Land Protection”. Such circumstances necessitate a change in the existing approaches to the legal regulation of service relations for the provision of registration services in the current legislation and to enshrine provisions for providing the registration services in the field of land protection by public administration agencies in the LC of Ukraine, namely in the Section VII “Administration in the field of land use and protection” and in the Law of Ukraine “On Land Protection”.

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