scholarly journals An overview of the judicial control of state executive power

2019 ◽  
Vol 56 (4) ◽  
pp. 1013-1029
Author(s):  
Blerton Sinani ◽  
Dane Taleski
Keyword(s):  
Public Administration ◽  
Judicial System ◽  
Executive Power ◽  
Individual Rights ◽  
Structured Interviews ◽  
Public Authorities ◽  
Judicial Control ◽  
Lack Of Control ◽  
The Republic ◽  
External Form

Many analyses and international reports point out that there is a significant lack of judicial control over the state executive power in the Republic of North Macedonia. This article aims to analyze the deficiencies that contribute to the lack of control, and special attention is also devoted to the administrative judiciary as a basic external form of providing judicial control over the legality of the decisions of public authorities and their officials, in order to ensure objective legality, as well as the protection of individual rights of citizens against unlawful administrative acts and actions of public administration. The first part of the article focuses on challenges for judicial control of the executive government. It shows the results of semi-structured interviews conducted with 36 stakeholders such as judges and prosecutors about the limits to judicial control of the executive. The second part focuses on weaknesses and challenges of the administrative judiciary, and makes proposals on how to improve the administrative judiciary as a special type judiciary within the framework of the judicial system of the Republic of North Macedonia. Therefore, it presents a crucial illustration to detect the specific problems and to offer possible solutions.

scholarly journals Ensuring the Rule of Law in Public Administration and Local Self-Government

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 141-152
Author(s):  
E. B. Ablaeva ◽  
A. R. Ensebaeva ◽  
M. A. Utanov
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Control Function ◽  
Access To Justice ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Judicial Control ◽  
Constitutional Right ◽  
The Republic ◽  
State And Local

The paper examines the powers of the judiciary to ensure the rule of law in the sphere of public administration and local self-government, which, according to the authors, consist in the implementation of the judicial control function by the courts. Granting the judicial power with the function of judicial control and expanding the scope of its implementation is one of the mechanisms that, in conditions of ensuring the rule of law, are necessary in order for everyone to exercise their constitutional freedom to appeal to the court against illegal acts, decisions, actions or omissions of public authorities, their officials, and civil servants. It is obvious that the role of the judiciary is significantly enhanced in the implementation of the second institutional reform to ensure the rule of law. Today, the rule of law in the sphere of state and local government is ensured the implementation of judicial control by courts of general, specialized and higher jurisdiction, as well as specialized formulations courts of the Republic of Kazakhstan in accordance with the RK legislation on civil and criminal procedure and administrative offences. However, according to the study, administrative and judicial reforms carried out in parallel in the Republic of Kazakhstan have resulted, on the one hand, in strengthening judicial control in the sphere of state administration and local self-government, and, on the other hand, in restricting the constitutional right to judicial protection and freedom of appeal in court. According to the authors, the steps to optimize the courts, consisting in the transition from a five-level court to a three-level court, have not achieved their main goal-to simplify access to justice.

SUBJECTS AND OBJECTS OF PUBLIC MARKETING

2018 ◽  
Vol 1 (12) ◽  
pp. 260-270
Author(s):  
Yevgeny Victorovich Romat ◽  
Yury Volodimirovich Havrilechko
Keyword(s):  
Public Administration ◽  
Municipal Government ◽  
Executive Power ◽  
Marketing Concept ◽  
Public Authorities ◽  
Public Marketing ◽  
The Public ◽  
State Management ◽  
Management Concepts ◽  
The Subject

The article is devoted to research of theoretical problems of the concepts of the subject and object of public marketing. The definitions of these concepts are considered in the article, the evolution of their development is studied. The article provides an analysis of the main approaches to the notion of subjects and objects of public marketing, their relationship and role in the processes of public marketing. The authors proposes concrete approaches to their systematization. These approaches allow us to identify specific types of public marketing and their main characteristics. Relying on the analysis of the concept of “subject of public (state) management”, it is concluded that as bodies of state marketing, most often act as executive bodies of state power. In this case, the following levels of marketing subjects in the system of public administration are allocated: the highest level of executive power; Branch central bodies of executive power; Local government bodies; Separate government agencies. It is noted that the diversity of subjects of public marketing is explained, first of all, by the dependence on the tasks of the state and municipal government, the possibilities of introducing the marketing concept of these subjects and certain characteristics of the said objects of state marketing. It is noted that the concept of “subject of public marketing” is not always the identical notion of “subject of public administration”. First, not all public authorities are subjects of state marketing. In some cases, this is not appropriate, for example, in the activities of the Ministry of Defense of Ukraine or the Ministry of Internal Affairs of Ukraine. Secondly, state marketing is just one of many alternative management concepts, which is not always the most effective in the public administration system.

scholarly journals FROM DIGITAL CUSTOMS TO INTELLECTUAL

2020 ◽  
Vol 8 (3) ◽  
pp. 126-130
Author(s):  
Oksana Moskalenko ◽  
Svetlana Zybenko
Keyword(s):  
Public Administration ◽  
Digital Technologies ◽  
Executive Power ◽  
Public Authorities ◽  
Economic Relations ◽  
New Directions ◽  
World Economic ◽  
The Russian Federation ◽  
Government Reforms ◽  
Customs Administration

The economic development of the Russian Federation and its planned entry into the system of world economic relations sets before the country's leadership new directions for the development of public administration based on the introduction of digital technologies into the activities of public authorities. The Federal Customs Service, being a body of state executive power and carrying out control and supervisory activities in the field of customs, cannot remain aloof from government reforms. Taking into account the recommendations of the World Customs Organization, the Federal Customs Service develops strategically important acts aimed at improving customs administration and implements digital technologies in the practical activities of customs authorities, which make it possible to reduce not only paper circulation when interacting with participants in foreign trade, but also the time associated with the implementation of customs formalities.

Constitutional-law aspects of reforming of state administration

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

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

scholarly journals „Nihil novi”? Czyli o antecedencjach sądowej ochrony autonomii administracyjnej uczelni publicznej w Polsce

2021 ◽  
Vol 43 (2) ◽  
pp. 417-431
Author(s):  
Piotr Lisowski
Keyword(s):  
Higher Education ◽  
Academic Freedom ◽  
Public Administration ◽  
Public Universities ◽  
Higher Education Institutions ◽  
Public Authorities ◽  
Legal Situation ◽  
History Of ◽  
The Republic ◽  
Judicial Protection

Administrative autonomy, which is the most advanced type of decentralising public administration, plays a key role in robustly safeguarding academic freedom. In the over a century-long history of the practice of the Polish regulations pertaining to the organisation and functioning of public universities, no principle of the judicial protection of the higher education institutions’ independence has been formulated — not even under the regulations of article 70 (5) of the Constitution of the Republic of Poland. This legislative negligence poses serious threats in the current legal situation, which only worsens in the environment that facilitates the authoritarian activities of public authorities in Poland.

scholarly journals Political Communication of Legislative and Executive Branches of Power in Ukraine: Modern Realities

2019 ◽  
pp. 305-317
Author(s):  
Anastasiia Repetska
Keyword(s):  
Public Administration ◽  
Political Communication ◽  
Executive Power ◽  
Functional Feature ◽  
Public Authorities ◽  
The Public ◽  
Democratic State ◽  
Comprehensive Information ◽  
The Government

The structure of Legislative and Executive branches in the system of political communication in Ukraine, despite the comprehensive information resource of its institutions, is still lacking in its resonance of political rhetoric effectiveness at the stage of social articulation of social problems. The subjects of this structure are the Verkhovna Rada, the Cabinet of Ministers and the President of Ukraine. The reference to the functional feature of the government is a fairly common explanation of the process when the content of the concept of “Executive power” implies pragmatic actions. After all, the nature of technological operations of professionals in the fields of public administration models certain conditions for the emergence of political discourse. In the developed democracies, including Ukraine, to achieve maximum openness and transparency in the activities of the Legislative and Executive branches, predictable and effective mechanisms are functioning: political, regulatory, organizational, institutional, information and educational. Thus the transparency of the government must be properly ensured by the operation of the public dialogue at all of the decision-making stages, there should be a regular access to full, fair, accurate, understandable information about the actions of public authorities and its officials. In any democratic state, the effectiveness of public administration depends on the level of transparency and the quality of communication to the public on the work of its organs.

scholarly journals IDENTIFICATION AND DISSEMINATION OF GOOD PRACTICES IN THE SAFEGUARDING AND VALORIZATION OF THE NATIONAL CULTURAL HERITAGE BY LOCAL PUBLIC AUTHORITIES

Akademos ◽  
2021 ◽  
Vol 60 (1) ◽  
pp. 77-82
Author(s):  
Vasile Comendant ◽  
◽  
Tatiana Comendant ◽  
Keyword(s):  
Cultural Heritage ◽  
Public Administration ◽  
Complex Analysis ◽  
Public Authorities ◽  
Good Practices ◽  
Cultural Objects ◽  
Republic Of Moldova ◽  
The Republic ◽  
Cultural Heritage Objects

This study provides a complex analysis concerning the identification of good practices in the safeguarding and valorization of the national cultural heritage by the local public authorities. The sociological survey was conducted between August and September 2020, on a representative sample of 607 people from 12 localities of the Republic of Moldova. The analysis of the processed data shows that the local public authorities have insufficient budgets to conserve, maintain or promote the cultural heritage objects and that there is a major shortage of specialists in this field. As a result, according to the respondents’ opinion, the level of safeguarding and valorization by the local public administration authorities of cultural objects of historical or architectural value is 18.78%. The significance of the objects of the national cultural heritage in the respective localities, the historical value and the extent to which they are known by the citizens were investigated. The role of cultural heritage in the education of citizens was highlighted by systematizing the knowledge about the national and universal cultural heritage.

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.

MEASURES FOR PREVENTION OF CORRUPTION IN PUBLIC ADMINISTRATION IN R. MACEDONIA

2018 ◽  
Vol 28 (6) ◽  
pp. 1919-1923
Author(s):  
Tatijana Ashtalkoska-Baloska ◽  
Aleksandra Srbinovska-Doncevsk
Keyword(s):  
Public Sector ◽  
Public Administration ◽  
Legal Protection ◽  
The Public ◽  
Republic Of Macedonia ◽  
Modest Contribution ◽  
Serious Crime ◽  
New Strategy ◽  
Main Motive ◽  
The Republic

A number of abuses of power and position, daily committed for acquisition of unlawful profit, beyond of permitted and envisaged legal jobs, starting from the lowest level, to the so-called, daily corruption, which most often is related to existential needs and it acts harmless, not even grow into another form, to one that uses such profits as the main motive for generating huge illegal gains for a longer period of time, by exploiting and abusing high social position, corruption in public sector, but today already in private sector too, are part of corruption in the broadest sense, embracing all its forms, those who do not enter in zone of punishment and those who means committing of serious crime. It has many forms, but due to focusing on a particular problem, as a better way to contribute a solution, this paper will focus on the analysis of corruption in the public administration in the Republic of Macedonia, and finding measures for its prevention and reduction, which we hope will give a modest contribution to its real legal protection, not only in declarative efforts in some new strategy for its prevention and suppression.

Evolution of the public administration system. The Republic of Estonia

2020 ◽  
Vol 22 (4) ◽  
pp. 82-118
Author(s):  
YANA TOOM ◽  
◽  
VALENTINA V. KOMLEVA ◽  
Keyword(s):  
Public Administration ◽  
Administration System ◽  
The Public ◽  
Administrative Reforms ◽  
Social Sphere ◽  
External Threats ◽  
The Social ◽  
The Republic

The article studies the main stages and features of the evolution of the public administration system in the Republic of Estonia after 1992. This paper presents brief geographical and socio-economic characteristics that largely determine the development of the country’s public administration. The evolution of the institution of the presidency, executive, and legislative powers are considered. The role of parliament and mechanisms for coordinating the interests of different groups of the population for the development of the country is especially emphasized. The authors analyze the state and administrative reforms of recent years, which were aimed at improving the quality of services provided to the population, increasing the competitiveness of different parts of Estonia, as well as optimizing public spending and management structure. The introduction of digital technologies into the sphere of public administration, healthcare, education, and the social sphere is of a notable place. Such phenomena as e-residency, e-federation, and other digital projects are considered. The development of a digital system of interstate interaction between Estonia and Finland made it possible to create the world’s first e-federation, and the digitization of all strategically important information and its transfer to cloud storage speaks of the creation of the world’s first e-residency, a special residence of data outside the country’s borders to ensure digital continuity and statehood in the event of critical malfunctions or external threats.

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