scholarly journals European experience of legal regulation of anti-corruption issues in the public sector

2020 ◽  
Vol 5 (5) ◽  
pp. 236-244
Author(s):  
Nataliia Slotvinska
Keyword(s):  
Public Sector ◽  
Social Life ◽  
Codes Of Conduct ◽  
Legal Regulation ◽  
Public Confidence ◽  
Public Authorities ◽  
The Public ◽  
Official Position ◽  
Course Of Action ◽  
The Right

Elimination, neutralization or restriction of the social preconditions of corruption requires systemic changes in the main spheres of social life, first of all in the functioning of public authorities. Because corruption is a phenomenon associated with the abuse of certain opportunities provided by certain posts or official position of persons authorized to perform state functions, it is traditionally believed that anti-corruption measures should be aimed primarily at such persons. Public confidence and public accountability play an important role in preventing corruption. Preventing and combating corruption cannot be effective without preventive measures in the public sector, an area where those authorized to represent the state perform their professional duties. UN anti-corruption standards in the public sphere provide for the implementation of a set of measures aimed at preventing the commission of corruption offenses. These are, first of all, the require-ments for public officials to carry out their activities on an ethical basis, which can be established in special codes of conduct that help persons performing public functions to choose the right course of action in a situation where there is a high risk of corruption.

Collective conflict in the public sector in France

2002 ◽  
Vol 8 (4) ◽  
pp. 688-700
Author(s):  
Marie-Armelle Souriac
Keyword(s):  
Public Sector ◽  
Collective Action ◽  
Collective Bargaining ◽  
Legal Regulation ◽  
Public Enterprises ◽  
Roles And Responsibilities ◽  
The Public ◽  
The Future ◽  
The Government ◽  
The Right

The right to strike has been recognised in France, even as a right guaranteed by the Constitution, since 1946. Strikes in the public sector are subject to specific legal regulation, including requirements for minimum notice periods and, in some circumstances, minimum service requirements. This contribution examines these special legal features of public-sector strikes. It is necessary to clarify the respective roles and responsibilities of the management of public enterprises (or administrative authorities) and the government. The article also considers alternative (and new) forms of collective action and agreements. In the future there may well be even greater scope for the regulation of strikes to be covered by collective bargaining.

scholarly journals The right to information about the activities of public authorities: certain theoretical and legal aspects

2021 ◽  
pp. 9-14
Author(s):  
Alla IVANOVSKA ◽  
Olena HALUS ◽  
Iryna RYZHUK
Keyword(s):  
Active Form ◽  
Relevant Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Access To Information ◽  
Public Authorities ◽  
The Public ◽  
Democratic State ◽  
Right To Information ◽  
The Right

It is found that the right to information about the activities of public authorities is linked to the more general constitutional right of everyone to freely collect, store and disseminate information in any lawful manner. The analyzed law is subject to international and domestic rules governing the right of access to information in general. At the same time, this right is regulated in great detail by special regulations that establish additional guarantees. An important guarantee that ensures the realization of the right of citizens to information about the activities of public authorities is the principle of transparency, which applies in many democracies around the world. The principle of transparency is manifested, firstly, in the fact that public authorities are obliged to inform the public about their activities, and secondly, every member of society has the appropriate right to receive such information, and the level of access to information about activities of public authorities is very important. Forms of exercising the right to information about the activities of public authorities, taking into account the peculiarities of legal regulation, are divided into passive and active. The passive form presupposes that the citizen himself gets acquainted with the information about the activity of the public authority, which duty is to make it public. An active form of exercising this right involves direct appeals of citizens or their groups to public authorities with requests to provide relevant information. It is concluded that ensuring the exercise of the right to information about the activities of public authorities is the key to building a democratic state governed by the rule of law and relies on public authorities, which are obliged to create all conditions for public participation in the adoption of legal acts by these bodies and to provide adequate access to complete and objective information about their activities.

scholarly journals Normative and Legal Regulation and Procedure for Bringing Officials to Liability for the Violation of the Right to Public Information’s Access

2019 ◽  
Vol 87 (4) ◽  
pp. 87-94
Author(s):  
V. S. Vitkova
Keyword(s):  
Incomplete Information ◽  
Public Information ◽  
Information Provision ◽  
Legal Regulation ◽  
The State ◽  
Public Confidence ◽  
Public Authorities ◽  
Inaccurate Information ◽  
The Individual ◽  
The Right

The article focuses on the violation of the right to public information’s access as a constituent of the constitutional right of a person and citizen to information. It is substantiated on the basis of received empirical data that in practice there are cases, where officials of public authorities, who are the stewards of public information, provide inaccurate / incomplete information, in connection with which there is a need for an adequate response to the offense. Attention is drawn to the fact that the provision of inaccurate information by public information’s stewards is one of the most complex problematic aspects for a number of reasons, in particular because of the complexity of verifying the information provided to the requester; the absence of possibility of proving intentionality in the actions of public information’s stewards; the complexity of the prosecution of authorized officials. Failure to provide information, unlawful refusal to provide information, untimely or incomplete provision of information, provision of false information is qualified by the current legislation as an administrative offense, which has the effect of bringing to justice. The legal regulation is revealed and the procedure for bringing officials to administrative liability for violations of the right to public information’s access is studied. The participation of the Verkhovna Rada Commissioner for Human Rights in this process is being researched. It is concluded that, in practice, in regard to normative and legal regulation of the right to public information’s access, the main array of problematic aspects is concentrated mainly not in the legal part, but in the part of strict compliance with the requirements and provisions of the current legislation by the officials, who are the stewards of public information. The procedure for bringing to administrative liability for giving false / incomplete information is institutionally quite simple and effective. However, there is no need to mention that there is an objective need to do a thorough job on changing the approach and, above all, the attitude of public officials to the population; the need to develop and cultivate respect for the individual as the highest social value in the state and maintain a high flawless image, which, among other things, will help to restore public confidence in the state, its agencies and officials.

scholarly journals On interaction between prosecutors and specialists in the exercise of powers to detect violations of laws outside the criminal law sphere

2021 ◽  
pp. 49-57
Author(s):  
Darina Viktorovna Kocheva
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Social Life ◽  
Legal Status ◽  
Law Enforcement Officers ◽  
Practical Experience ◽  
Legal Regulation ◽  
Policy Makers ◽  
The Public ◽  
The Right

The subject of this research is the public relations established in exercising of such a power by the prosecutor on detection of violations of laws outside the criminal law sphere as the right to demand from the policy makers and other officials “supervised” to the prosecutor's office the allocation of specialists. Findings of the experts in the material form are in demand among the law enforcement officers in different spheres of social life, including due to their evidentiary potential. The relevance of this research is defined by the fact that the scholars and practicing legal experts have accumulated a range of questions to the legal status of a specialist in the Russian legislation, which also pertains to the prosecutor's activity. The novelty consists in the author’s substantiation of the need to improve legal regulation of the corresponding legal relations based on comparison of the norms that regulate the mechanism of cooperation between specialists and prosecutors in supervision by the latter of compliance with laws, rights and freedoms of human and citizens, analysis of theoretical groundwork on the topic, and personal practical experience in the prosecutor's office. The article reveals the gaps in the existing legal regulation. This work may be valuable for the practitioners of the prosecutor's office, as well as bodies “supervised” to the prosecutor's office, scholars in the area of prosecutor's activity, legal experts, students, and postgraduates.

LEGAL REGULATION OF PUBLIC CONTROL OVER RIGHTSENFORCEM ENTAS WELL AS LEGITIMATE INTERESTS OF PERSONS IN PENAL INSTITUTIONS

2020 ◽  
pp. 43-52
Author(s):  
Евгений Николаевич Зиньков
Keyword(s):  
Civil Rights ◽  
Mass Media ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Authorities ◽  
Public Control ◽  
The Public ◽  
Control Functions ◽  
The Russian Federation ◽  
The Right

В настоящей статье рассматривается процедура правовой регламентации общественного контроля, который предоставляет возможность открыто и доступно осуществлять наблюдение за деятельностью органов государственной власти. В ст. 1 Конституции Российской Федерации отмечается, что Россия - правовое государство, следовательно, обеспечение и защита прав и свобод человека и гражданина является высшей ценностью. Сам общественный контроль, как правило, является отдельной частью и не входит в систему контрольной власти государства, он реализуется, прежде всего, путем самоорганизации граждан. На сегодняшний день в России существует множество нормативных документов, регламентирующих деятельность общественных объединений. В Российской Федерации лица, находящиеся в местах изоляции от общества (подозреваемые, обвиняемые и осужденные), обладают всем комплексом прав, что и другие граждане нашего государства, за исключением тех ограничений, которые были установлены приговором суда и федеральными законами. Ст. 32 Конституции РФ наделяет граждан правом участия в управлении некоторых государственных дел, что и позволяет общественности осуществлять контрольные функции. Однако далеко не все общественные объединения обладают полномочиями по детальному изучению той или иной сферы государственной деятельности, к примеру, средства массовой информации (далее - СМИ) имеют возможность лишь поверхностно осветить деятельность конкретного объекта внимания. Однако это тоже является неким способом общественного контроля, так как позволяет общественности получить определенную информацию об изучаемом феномене. This article discusses the procedure for legal regulation of public control, which provides an opportunity to openly and easily monitor the activities of public authorities. Article 1 of the Constitution of the Russian Federation States that Russia is a legal state, therefore, ensuring and protecting human and civil rights and freedoms is the highest value. Public control itself, as a rule, is a separate part and is not included in the system of control power of the state, it is implemented primarily by self-organization of citizens. Today, in Russia there are many regulatory documents regulating the activities of public associations. In the Russian Federation, persons who are in places of isolation from society (suspects, accused and convicted) have all the rights that other citizens of our state have, with the exception of those restrictions that were established by a court verdict and Federal laws. Article 32 of the Constitution of the Russian Federation grants citizens the right to participate in the management of certain state Affairs, which allows the public to exercise control functions. However, not all public associations have the authority to study a particular sphere of state activity in detail.for example, mass media (hereinafter referred to as mass media) can only cover the activities of a specific object of attention. At the same time, this is also a way of public control, since it allows the public to get certain information about the phenomenon being studied.

scholarly journals Methods of increasing operational efficiency of the communication channels of civil society

2018 ◽  
Vol 6 (1-2) ◽  
pp. 52-57
Author(s):  
I. V. Chaplay
Keyword(s):  
Civil Society ◽  
Public Sector ◽  
National Level ◽  
Control Measures ◽  
Public Authorities ◽  
The Public ◽  
The Government ◽  
External Management ◽  
The Right ◽  
Civil Sector

In general, Ukraine has developed a sufficiently detailed practice on the management of public sector entities, although unfortunately, not all of its fundamentally important provisions, adapt the experience of managing the civil sector. For example, especially at the national level, the overall goal of the government is to achieve certain policy goals, for example, in environmental, social or economic aspects. In this context, governments need to have well-organized work with the civil sector on social security programs or health care services to study service delivery performance for target groups.It is established that today, improvement of the mechanism of introduction of modern technologies of information presence and informing citizens about their rights, in particular, about the right to choose, the right of responsibility is the first important step for their participation in the process of monitoring the development and implementation of state policy. By receiving full information, civil society institutions can better assess the effectiveness of the public sector and submit their proposals. Despite the apparent need for a thorough analysis of competitors of the communicative environment of the interaction of public authorities with the public, when formulating the state strategy, analysis is far from always sufficiently clear and comprehensive. The difficulty lies in the fact that a comprehensive analysis of the competitors of the communicative environment of the interaction of public authorities with the public requires a large amount of data, most of which is difficult to obtain without much effort. Many state authorities do not systematically collect information about competitors of the communicative environment of the interaction of public authorities with the public, but act on the basis of fragmentary information, informal impressions, assumptions and intuitions. The lack of qualitative information is extremely difficult to analyze the competitor’s communicative environment of interaction between public authorities and the public.However, it is important that such an exchange is bilateral - from officials to citizens, and vice versa. This leads to maximizing the effectiveness of internal system management and to qualitative improvements in external management performance both of public authorities and the public sector as a whole. Control measures in the management of both sectors should be directly linked to the use of these indicators, both for feedback and for direct control. This will help identify new strategic opportunities for achieving control objectives and ensure the ability to use existing capabilities.

scholarly journals Electoral branch of power in modern Ukraine

2020 ◽  
pp. 122-126
Author(s):  
Vlada Taroyeva
Keyword(s):  
Separation Of Powers ◽  
State Power ◽  
Legal Regulation ◽  
Modern World ◽  
Main Task ◽  
Public Authorities ◽  
The Public ◽  
Legal Science ◽  
Electoral Campaign ◽  
The Right

The article introduces that the electoral branch is gradually being formed into an independent branch of state power in Ukraine, in which special state authorities operate. The electoral branch is already a component of the separation of powers in a modern state, and this is an important guarantee of the rule of law and of the condition for the democratic functioning of state power. The electoral branch is becoming an integral component of the separation of powers mechanism. The development of Ukrainian statehood actualizes the need for appropriate scientific support for the institutionalization of power and legal regulation of its realization. The electoral branch as a branch of state power represents the powers to conduct preparing and holding elections and referenda, as well as to ensure, exercise and protect the voting rights and the right of citizens of a certain state to participate in a referendum, as well as the system of electoral bodies of different levels exercising these powers. In Ukraine, electoral commissions led by the Central Electoral Commission (CEC) are special electoral authorities. Here we are faced with the problem of determining the nature of electoral commissions, and therefore the institutionalization of the electoral branch in Ukraine. The CEC of Ukraine is a permanent state collegial body vested with the power to organize preparing and holding elections to the public authorities. The main task of the CEC of Ukraine is to ensure the realization and protection of constitutional sovereign rights of citizens to elect authorities, to participate in referenda, as well as to express their will. In order to fulfill its responsibilities, the CEC is endowed with rights and powers allowing the involvement of public authorities of all levels in the electoral campaign process. The CEC is an independent and autonomous body, financed exclusively by the budget. In the modern world, electoral branch has been institutionalized through the electoral authorities in many states, and in some of them it has been constitutionalized, that is, it has been enshrined in the legislation and in the constitution. Similar processes are taking place in modern Ukraine. The creation of the theoretical foundations of the electoral branch from the viewpoint of general theoretical legal science and constitutional legal science will enable to raise the question of enshrining the electoral branch as a branch of state power in the Constitution of Ukraine.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

Council House Sales and Residualization

1986 ◽  
Vol 15 (3) ◽  
pp. 273-292 ◽  
Author(s):  
N.J. Williams ◽  
J. Sewel ◽  
F. Twine
Keyword(s):  
Public Sector ◽  
Empirical Evidence ◽  
Social Classes ◽  
General Process ◽  
The Public ◽  
The Right ◽  
The City ◽  
Right To Buy ◽  
Council House

ABSTRACTIt has been argued that council house sales will contribute towards a more general process of residualization of public sector housing. Empirical evidence is presented in this context derived from surveys of purchasers and non-purchasers of council dwellings in the city of Aberdeen. This evidence confirms that purchasers and non-purchasers exhibit different socio-economic characteristics and after only four years of the Right to Buy legislation significant numbers of households in social classes I, II and III have left the public sector via the mechanism of sales. The small number of sales relative to the stock as a whole, however, has meant that the overall contribution of sales towards residualization has been small. This evidence from Aberdeen is compared to evidence from elsewhere and related to the varying pattern of sales across the country as a whole.

scholarly journals Vanhuksen oikeus hoivaan ja omaisolettama

Gerontologia ◽  
2017 ◽  
Vol 31 (3) ◽  
pp. 227-242
Author(s):  
Laura Kalliomaa-Puha
Keyword(s):  
Family Members ◽  
Elderly Person ◽  
Social Health ◽  
Legal Responsibility ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The Family ◽  
The Right ◽  
To Receive

Jokaisella vanhuksella on Suomessa yksilöllinen, viime kädessä perustuslaissa taattu, oikeus riittävään hoivaan ja huolenpitoon. Silti tämä oikeus on usein käytännössä riippuvainen siitä, onko vanhalla ihmisellä omaisia tukenaan. Tässä artikkelissa tarkastellaan sitä, miten oikeus hoivaan ja hoitoon taataan lainsäädännössä. Omaisilla ei lain mukaan ole vastuuta hoivan järjestämisestä, mutta silti lainsäädäntö monessa kohdin ikään kuin olettaa omaisten olevan vanhuksen tukena. Vaikka omaiset usein ovatkin tukena, miten perusoikeus hoivaan ja huolenpitoon toteutuu niillä vanhuksilla, joilla ei ole omaisia? Artikkeli nostaa vakavimpana omaisolettaman riskinä esiin ne vanhukset, joilla on omaisia, mutta joiden omaiset eivät osaa tai halua auttaa. Right to care and presumption of family and friends in the Finnish legislation According to Finnish legislation the public authorities must guarantee adequate social, health and medical services for those old persons who cannot obtain means necessary for a life of dignity. Yet in practice this right to receive indispensable subsistence and care often depends on the fact whether the old person happens to have family or friends to help her or him. As if the legislation supposes there are friends and family to help, even though, according to Finnish law, family members do not have legal responsibility to take care of an elderly person. This article elaborates how the right to care is guaranteed in Finnish legislation and what the law says about the responsibilities of the family. Even though most of the relatives do help their elderlies, how is the right to care fulfilled for those old persons who do not have family? Perhaps the elderlies who have family and friends, which do not help or do not know how to, are in the most vulnerable situation.

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