scholarly journals Public administration as an object of administrative and legal regulation

Author(s):  
Yuriy Payda

The concept and legal nature of public administration have been analyzed. The analysis of research works has allowed to state that the term "public administration" is considered in two aspects - structural and procedural (or functional) where public administration should be understood as executive bodies, local self-government bodies, as well as entities endowed by the state with public administration functions that perform public administration functions and whose purpose is to ensure the interests of the state and society as a whole, and their activities carried out within the law. The principles of administrative and legal regulation of public administration in Ukraine and the concepts, principles of administrative and legal regulation of public administration have been studied. The author has found out that the essential features of public administration are: public administration is subordinated to political power (i.e., parliament, head of state); public administration ensures the implementation and application of laws (i.e., implements the political decisions of parliament); public administration acts (should act) in the public interest; public administration is endowed with the prerogatives of public authority (that is, powers that allow mandatory instructions to be given to individuals). While the system of central executive bodies consists of the ministries of Ukraine and other central executive bodies the system of central executive bodies is a component of the system of executive bodies, the highest body of which is the Cabinet of Ministers of Ukraine. The local state administration is a local executive body and is part of the system of executive bodies. The local state administration, within the limits of its powers, exercises executive power on the territory of the respective administrative-territorial unit, as well as exercises the powers delegated to it by the relevant council.

2021 ◽  
Vol 11 (4) ◽  
pp. 143
Author(s):  
Viera Papcunová ◽  
Roman Vavrek ◽  
Marek Dvořák

Local governments in the Slovak Republic are important in public administration and form an important part of the public sector, as they provide various public services. Until 1990, all public services were provided only by the state. The reform of public administration began in 1990 with the decentralization of competencies. Several competencies were transferred to local governments from the state, and thus municipalities began to provide public services that the state previously provided. Registry offices were the first to be acquired by local governments from the state. This study aimed to characterize the transfer of competencies and their financing from state administration to local government using the example of registry offices in the Slovak Republic. In the paper, we evaluated the financing of this competency from 2007 to 2018 at the level of individual regions of the Slovak Republic. The results of the analysis and testing of hypotheses indicated that a higher number of inhabitants in individual regions did not affect the number of actions at these offices, despite the fact that the main role of the registry office is to keep registry books, in which events, such as births, weddings, and deaths, are registered.


Author(s):  
Г.Р. Даулиева ◽  
А.Е. Ералиева ◽  
G. Dauliyeva ◽  
A. Yeraliyeva

Пандемия подстегнула развитие рынка розничной электронной коммерции в Казахстане. По данным исследования PwC Kazakhstan, за год этот сегмент вырос на 93%. Целью исследования является оценка государственного управления развития электронной коммерции в Республике Казахстан. Развитие электронной коммерции вызывает неизбежные структурные изменения в экономике. Сложность регулирования цифровой среды заключается, главным образом, в ее нестатичности, постоянном развитии и изменении. Впервые объектом регулирования становятся правоотношения, связанные с реализацией прав в цифровом пространстве, использованием цифровых данных и технологий. По мнению многих юристов, изучающих эту сферу, должны, соответственно, обновляться и методы правового регулирования. Научная значимость исследования обоснована анализом развития рынка электронной коммерции в РК. Практическая значимость исследования обоснована возможностью использования материалов исследования оценке государственного управления электронной коммерцией в РК. Исследование осуществлялось в рамках доступной информации международных, государственных и общественных организаций, а также научно-практических публикаций в ведущих изданиях периодической печати и интернете. Исследование проводилось с использованием аналитических, сравнительных и оценочных методов, на основе статистических данных, по которым были сделаны следующиевыводы и предложены рекомендации: развитие логистических центров и сортировочных центров; назначение налоговых преференций и введение моратория на налоги для интернет-компаний; интеграция процессов БВУ в межбанковскую систему платежных карт; снижение комиссий по имуществу, подлежащему использованию физическими лицами. The aim of the study is to assess the state administration of e-commerce development in the Republic of Kazakhstan. The development of e-commerce is causing inevitable structural changes in the economy. The complexity of regulating the digital environment lies mainly in its instability, constant development and change. For the first time, legal relations related to the exercise of rights in the digital space, the use of digital data and technologies are becoming the subject of regulation. In the opinion of many lawyers studying this area, the methods of legal regulation should be updated accordingly. The scientific significance of the study is substantiated by an analysis of the development of the e-commerce market in the Republic of Kazakhstan. The practical significance of the research is substantiated by the possibility of using research materials to assess the state management of e-commerce in the Republic of Kazakhstan. The study was carried out within the framework of available information from international, state and public organizations, as well as scientific and practical publications in leading periodicals and the Internet. The research was carried out using analytical, comparative and evaluative methods, based on statistical data, on which appropriate conclusions were made and recommendations were made.


Author(s):  
Marina Shtatina

Unlike other developing countries, India abandoned the concept of catching-up development, and all its administrative reforms supported the ideology of Indian identity by introducing the most promising scientific achievements in the field of public administration. We identify three stages of administrative reforming in India: 1) the stage of formation of the national public administration; 2) the stage of the state interventional development of the public administration; 3) the stage of liberalization and informatization of the public administration. Since India had received independence, the new state used of the achievements of the colonial civil service and maintained institutions guaranteeing the unity of the state. The Indian government has succeeded in establishing a "living democracy" as the inherent part of Indian culture which supports the traditions of pluralism and is based on the application of rule by consensus and accommodation. Established in 1966, the First Administrative Reforms Commission ensured the leading role of the state in economic development. It improved the organizational foundations of public administration, including the mechanisms of socio-economic planning. The Commission’s reports prepared the base for constitutional recognition of India as a socialist republic. The most important instrument of the Union public administration was the licensing system, which extended to all spheres of economic activity and spawned the creation of numerous inspections with broad jurisdictional powers. The economic crisis and the inability of the Union to solve the social problems by interventionist methods — these were the reasons of the liberal reforms of the 1990s — 2000s. The rejection of the license system, the transition to the methods of soft administrative and legal regulation, the empowerment of decentralized bodies have changed the main areas of activity of the Indian public administration. The National Institute for Transforming India has provided the solutions to the problems in 80 areas of the country’s socio-economic development, acting through the mediation of all stakeholders — central, state and local government officials, public organizations and citizens. Liberal reforms are also aimed at democratizing governance and forming a citizen-oriented administration. They are focused on the implementation of innovative e-technologies in business and public administration.


Author(s):  
Vasif ISMAYILOV ◽  

The article analyzes the legal foundations of modernization in public administration. The issues of modernization of the legal system in the state administration of the Republic of Azerbaijan are widely covered. The author outlines the objective and subjective factors that create conditions for reforms in the public administration system. Special attention is paid to cardinal reforms in the field of modernization of the legal system of modern Azerbaijan, studying the role of the head of state as the initiator of the reforms in the public administration system. The article describes in detail the step-by-step process of building a legal system and outlines it political significance.


2020 ◽  
pp. 106-112
Author(s):  
Adriána Gogová

The public sector is part of social reality based on state, communal ownership. The point is to provide public services that are financed from public funds. Public administration is an activity performed by state administration bodies, self-governments and public institutions in performing public tasks. Its main objective is the pursuit of public welfare through the strengthening of civil society and social justice. The article aims to identify the state of public administration in the 21st century with the aim to point out the possibilities of effective setting with justification for the future. The obtained information comes from the analysis of secondary sources. Slovakia needs a quality public sector as a product of public policy of the state, which, within the efficient management of public resources, will ensure quality and well-functioning systems of education, health care and social security. Only a well-functioning and sufficiently efficient public sector can effectively support the qualitative development of society, the socio-economic balance and the life security of the population.


Author(s):  
V.A. Derets

Introduction. In the practice of public administration there are changes due to the need to decentralize the executive branch, including changes in the functions and powers of local state administrations (LSA). It is important to ensure that these changes are consistent with the scientific approaches formed by scientists. This applies in particular to the relations that arise between LSA and territorial bodies of central executive authorities (TB CEA). The aim of the article. The purpose of the article is to analyze the compliance with scientific approaches of legislative novelties proposed in connection with the reform of decentralization and change the functions and powers of LSA, which in turn will change the managerial relations between LSA and TB CEA. Results. Theoretical principles of coordination relations are analyzed. A comparison of the legal regulation of managerial relations between LSA and TB CEA in accordance with the Law of Ukraine "On Local State Administrations" of April 9, 1999 № 586-XIV and the draft Law of Ukraine of October 30, 2020 № 4298. Conclusions. Proposed in the draft Law № 4298 from 30.10.2020 novelties in terms of legal regulation of managerial relations between LSA and TB CEA indicate a change in the essence of the existing coordination relations between them. In our opinion, the managerial relations that will be established between LSA and TB CEA on the basis of this bill will be characterized by both features characteristic of coordination and features characteristic of subordination. It is advisable to take into account the peculiarities of each type of management relations and choose terminology that corresponds to established scientific approaches and reproduces the content of a phenomenon in practice.


Author(s):  
Nadiia Anatoliivna Lebiedieva

Arts turned to the background of the attention of public administration proceeding from the fact that our country is in a rather difficult political and economic situation. Therefore, it is not surprising that globalization processes affect the weakest, from a managerial point of view, state-building aspects. Art is the philosophical and spiritual layer of social consciousness, which is not manifested as clearly as, for example, some industrial branches, but its significance does not become less from it. The proof of the magnitude development of arts’ state management is an example of some negative globalization impact on modern Ukrainian society. Also relevant is the consideration of the conceptual public administration approaches to professional and amateur arts, their transformation into modern conditions of society development. The transformation of conceptual approaches to public administration is dedicated to a large number of studies by leading Ukrainian scholars. Each of them made a significant contribution to the state-management transformations development of almost all branches of government. The aim of the article is to consider the conceptual approaches of public administration transformation to professional and amateur arts through the analysis of scientific research of modern Ukrainian scholars. In the management there is always a public authority or its official, the other part is a citizen, or an association of citizens, an enterprise, an institution, an organization. And if in public administration a citizen is the main subject of publiclegal relations, then public administration of professional and amateur art aims more broad on the population of the country. It has been concluded that in the broad sense the state administration of art will be understood as a system of social development management. This is disclosed through the activities of public administration and local government. They are fully accountable to the public and operate in their interests, with the help of co-ordination of decisions on the development and implementation of state policy on the development of professional and amateur art.


2020 ◽  
Vol 9 (2) ◽  
pp. 405-421
Author(s):  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Liudmyla Dubchak

The article analyzes the problems of realization of the state policy of power cleaning in the countries of Central-Eastern Europe (Poland, Czech Republic, Hungary, Baltic countries), and in particular in Ukraine. It has been found that in various countries this step in the public administration was taken since the fall of the communist regime. However, everywhere it was carried out by its own rules. The attention is drawn to the fact that the power cleaning through lustration should be ensured in the light of a wide range of threats that pertain to the human rights sphere and the principle of the presumption of innocence. This was relevant for every state that embarked on the path of transformational change to the implementation of a state policy of power cleaning. None of the countries that have taken such a political step in the public administration system went this route easily (there were both claims to the laws with subsequent legislative initiatives to amend them, and suits to courts of various instances to restore human and citizen’s rights and freedoms). However, there were also positive consequences, which resulted in the cleaning of the authorities of the respective countries from the influences of interested pro-communist political forces, which hindered democratic transformations in the states. Regarding the characteristics of the state policy of power cleaning by lustration in Ukraine, which began only in 2014, we drew attention to the fact that it had a different meaning: it was not aimed at combating the communist past, but at overthrowing the current political regime of “Yanukovych times”. There were some problems, which reflected the emergence of relevant issues in such events of the public administration system, which caused criticism from a number of external international human rights organizations (for example, the Venice Commission), and led to massive claims to courts of various instances aimed to restore of claimants' rights. Also the article draws attention to the fact that lustration, as a mechanism of power cleaning, is an appropriate political step on the way to democratization of society and overcoming the negative consequences of the activity of undemocratic political regimes. However, its implementation requires a prudent approach to defining the principles of legal regulation, the establishment of appropriate institutions to ensure the implementation of lustration and guaranteeing the protection of human and citizen's rights and freedoms from political persecution.  Keywords: sustainable development, public policy, cleaning of power, lustration, protection of human and citizen's rights and freedoms.


AUC IURIDICA ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 117-129
Author(s):  
Lukáš Potěšil

This paper deals with changes that have taken place in the organisation of state administration from the perspective of administrative justice and its local jurisdiction. In order to do so, the paper answers the basic question of whether the organisation of state administration (in terms of the local jurisdiction of administrative authorities) and the organisation of administrative courts (also in terms of their local jurisdiction) are related or not. In this context, it is worth considering whether the organisation of administrative justice should follow the organisation of the public/state administration as such and its trends, or even the opposite, and whether the two phenomena should not be independent of each other. The paper summarises the issue of the criteria for determining the local jurisdiction of administrative courts, the legal regulation of which has undergone certain developments, similar to the development of the legal regulation of the organisation of the state administration. The question is whether any common indicators can be traced. The issue under examination is not only of a purely practical nature, such as the criteria for determining the local jurisdiction of an administrative court. It is related to the overall state of both the state administration and the administrative justice and their organization, and it offers a number of questions of a more general nature, such as the formal and informal impact of “its” regional court on the administrative authorities within its jurisdiction, the influence of their case law on “local administrative law”, the question of the availability of administrative courts, or access to them, as well as their caseload. Overall, the paper discusses whether it is possible to find any relationship, or rather consequences, arising from the local jurisdiction of administrative authorities, resulting of course from the form of the organisation of the state administration, and the (non)corresponding local jurisdiction of the administrative justice. Possible de lege ferenda considerations in terms of the organisation and local jurisdiction of the administrative justice are also mentioned.


Author(s):  
Yevgeny Victorovich Romat ◽  
Yury Volodimirovich Havrilechko

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.


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