scholarly journals PROTECTION OF RIGHTS AND LEGITIMATE INTERESTS OF THE STATE FROM VIOLATIONS COMMITTED BY BUSINESS ENTITIES OF THE PUBLIC SECTOR OF THE ECONOMY

2020 ◽  
Vol 73 (4) ◽  
pp. 33-43
Author(s):  
Andriy Zakharchenko ◽  
Keyword(s):  
Law Enforcement ◽  
Public Sector ◽  
The State ◽  
Financial Control ◽  
State Sector ◽  
The Public ◽  
Legitimate Interests ◽  
Rights And Interests ◽  
Business Entities ◽  
Judicial Protection

The article analyzes the problematic issues that arise in connection with the protection of the rights and legitimate interests of the state in case of violation of these rights and interests by economic entities of the public sector of the economy. The state of normative-legal provision and law-enforcement practice concerning realization of protection by subjects of management of objects of state property, as well as of bodies of the state financial control, and also bodies of prosecutor's office are also considered. According to the results of the study in order to improve the protection of the rights and legitimate interests of the state from violations by economic entities of the public sector of the economy, it was proposed: 1) to specify the procedure and forms of exercising powers by the subjects of management of state property objects granted to them in order to control the activities of economic entities of the state sector of the economy; 2) to consolidate the obligation of subjects of management of objects of state property to take measures for judicial protection of the rights and interests of the state from violations committed by these entities; 3) to approve methodical recommendations on protection of the rights and lawful interests of the state by subjects of management of objects of state property, including from infringements from the above-stated subjects of management; 4) to take into account the state of implementation by the subjects of management of state property of measures to protect the rights and legitimate interests of the state in conducting a single monitoring of the effectiveness of management of state property; 5) to consolidate normatively the sequence of actions of the bodies of state financial control in case of detection of losses caused to the state; 6) to establish the powers of these bodies to apply directly to the court in the interests of the state with claims for invalidation of contracts concluded by controlled entities in violation of the law; 7) to specify the provisions regarding the protection of the interests of the state by the prosecutor's office.

scholarly journals Reforming the public sector and Parliament - Chris Hipkins' goals

2018 ◽  
Vol 14 (1) ◽  
Author(s):  
Colin James
Keyword(s):  
Public Sector ◽  
The State ◽  
Specific Time ◽  
Policy Studies ◽  
Public Servants ◽  
Chief Executives ◽  
State Sector ◽  
The Public

Back in the late 1990s senior public servants worried at Institute of Policy Studies (IPS) roundtables that ‘siloisation’ of the state sector was hampering effectiveness. Also at that time an IPS roundtable of chief and deputy chief executives backed posting advice on agency websites when decisions were made or at some specific time after delivery.

Going Public

2020 ◽  
pp. 279-302
Author(s):  
Bryn Rosenfeld
Keyword(s):  
Public Sector ◽  
Vital Role ◽  
The State ◽  
Political Freedom ◽  
Public Servants ◽  
State Sector ◽  
The Public ◽  
State Apparatus ◽  
Original Survey ◽  
Regime Support

This chapter investigates the political orientations and career aspirations of students who intend to join the state sector in Russia, using original survey data from three elite Russian universities. The analysis focuses on whether and how Russia’s future public servants differ from others in their views of the importance of political freedom, order, national security, and strong economic performance. It finds that Russian youth aspire to work for an autocratic state not because they favor autocratic values nor because they hope to build more democratic institutions. Rather, their preference is based on access to recruitment channels: universities with strong alumni networks in the state apparatus or a parent working in the public sector. These findings suggest that public sector workers’ attitudes are similar to those of others at the start of their careers. Over time, however, public servants’ political attitudes diverge, suggesting that Russia’s large public sector also plays a vital role in securing regime support.

Public Sector in the Transformation Economy of Ukraine: Macroeconomic Analysis

2021 ◽  
Vol 12 (3) ◽  
pp. s296-s317
Author(s):  
Yuliia Samborska-Muzychko ◽  
Iryna Parasii-Verhunenko ◽  
Oksana Pashchenko ◽  
Liubov Budniak ◽  
Oksana Salamin
Keyword(s):  
Public Sector ◽  
The State ◽  
Global Integration ◽  
Structural Dynamic ◽  
State Sector ◽  
State Institutions ◽  
The Public ◽  
Macroeconomic Analysis ◽  
Market Relations

The purpose of the article is to study the conditions and prospects for the development of the state sector of the Ukrainian economy and to determine the functions and tasks of state-owned enterprises in a transformational economy. The information base of the empirical research is the data of the official website of the Ministry of Economic Development, Trade and Agriculture of Ukraine for 2014-2020. The methodological and methodical sources lie in the provisions of the economic code, the Classifier of institutional sectors of the economy. In the course of the research, the following methodological techniques were used as a comparison, modeling, series of dynamics, grouping, structural-dynamic, and coefficient analysis. The necessity of improving the existing regulatory mechanisms of transformation from state institutions and the development of new effective approaches to the functioning of the system of state entrepreneurship, which takes into account the features of the transformational economy and is based on international experience in building modern market relations and mechanisms for increasing the efficiency of the economic system, has been substantiated. The dynamics of the public sector share in the country's economy is analyzed, and the possible causes and consequences of these structural and dynamic changes are characterized. The results of the study are the proposed classification of types from state-owned enterprises, which is the basis for differentiating their functions and tasks depending on the goals of education, the characteristics of the activity, the structure of ownership, and the strategic priorities of the country's development. The necessity of the state-owned enterprises' sector reforming in the context of global integration is substantiated, as well as general directions and tools for implementing the reform of state-owned enterprises. 

Labor Activities in the Field of Internal Financial Audit in the State Sector

Auditor ◽  
2019 ◽  
Vol 5 (9) ◽  
pp. 38-45 ◽  
Author(s):  
Наталья Парушина ◽  
Natalya Parushina ◽  
Наталья Лытнева ◽  
Natalya Lytnyeva ◽  
Александр Билиходзе ◽  
...  
Keyword(s):  
Public Sector ◽  
The State ◽  
State Sector ◽  
Internal Auditors ◽  
The Public ◽  
Regulatory Documents ◽  
Financial Audit

Th e article considers the prerequisites, patterns and trends in the development of activities for conducting internal financial audits in the public sector. A review of the regulatory documents governing the work of internal auditors is given, the principles of auditing in the public sector are summarized, prospects for the development of internal audits are considered, taking into account the adoption of federal standards.

scholarly journals Representative function of the public prosecutor`s office: defects of legislation

2019 ◽  
pp. 164-175
Author(s):  
M. Stefanchuk
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
The State ◽  
Public Prosecutor ◽  
The Public ◽  
Legislative Regulation ◽  
Legitimate Interests ◽  
Definition Of ◽  
Social Importance ◽  
Representative Function

The current legislative regulation of the representative function of the prosecutor’s office in Ukraine contains a number of defects, which leads to a decrease in the effectiveness of law enforcement activities and the level of protection of the rights, freedoms and legitimate interests of participants of legal relations, and therefore the social importance of the prosecutor’s office activities outside the sphere of criminal justice in Ukraine. In such circumstances, there is a scientific discourse on the feasibility of retaining the powers of the prosecutor’s office outside the sphere of criminal justice in Ukraine, since the society seeks not for process for the sake of process, but for the result, which necessitates the scientific investigation of these defects in order to eliminate their consequences in law enforcement. The purpose of the article is to analyze the legislative regulation of the prosecutor’s office outside the sphere of criminal justice in Ukraine and the practice of its application in order to identify the defects of the legislation in this field, presenting their own vision on the prospects of legal support of the prosecutor’s office in this area in accordance with the needs and resources of society, as well as introduction proposals to remedy legislative defects in order to improve its enforcement. It is established that the legislative regulation of the representative function of the prosecutor’s office contains several defects, including: the declarative nature of the powers of the prosecutor, by which he is empowered in the process of exercising the representative function, especially in the pre-trial form of its implementation; appraisal terms in the legislative regulation of relations in a particular area, such as «state interests» and «exceptional cases»; the mismatch between the language structure and the content that the legislator sought to reflect in law, the manifestation of which is the definition of the object of the public prosecutor’s office of the «interest of the state», which in some cases is understood by the jurisdictions as a public authority and distorts the defined mission of the prosecutor’s office outside the criminal justice system at the level of the European institutions; the collisions in the legislative regulation of the representative function of the prosecutor’s office, which cause legal uncertainty as to the extent of the prosecutor’s powers in its implementation; the absence of a legislative conceptual vision of the public prosecutor’s office powers outside the criminal justice sphere. It is suggested that the basis for eliminating these defects in the legislation should be the necessity to change the conceptual model of prosecutor’s activity outside the sphere of criminal justice. The main elements of this model should be the clarification of the grounds for giving the prosecutor’s office guaranteed, not declarative powers outside the sphere of criminal justice, determined by the task of protecting human rights and freedoms, the general interests of society and the state. It is clarified the author’s vision of the elimination of defects in the legislative regulation of the representative function of the prosecutor’s office in Ukraine and the prospects for further scientific investigations in this field are outlined.

scholarly journals Development of innovation activities in the state sector and business in the post-pandemic period

2021 ◽  
pp. 64-69
Author(s):  
A.V. Mayakova ◽  
Keyword(s):  
Public Sector ◽  
The State ◽  
State Sector ◽  
The Public ◽  
Innovation Activities ◽  
Digital Services ◽  
Social Management

Examined are innovative activities that have received a powerful “catalyst” in the development of digital services and technologies in the form of the coronavirus pandemic, and also analyzed are the possibilities of digitalization for solving the problems of social management and innovation in the public sector and business. The author argues that existence outside and without digitalization at this stage of the development of human civilization is no longer possible.

scholarly journals The Significance and Role of the Public Sector in the Development of the Modern Russian Economy

2020 ◽  
pp. 16-24
Author(s):  
Vladimir Kurchenkov ◽  
Olga Makarenko
Keyword(s):  
Public Sector ◽  
National Economy ◽  
Well Being ◽  
Economic Security ◽  
The State ◽  
State Sector ◽  
The Public ◽  
Russian Economy ◽  
Fixed Assets ◽  
Modern Russian

The article examines the features of the public sector functioning, determines its role and importance in the development of Russian economy. Ensuring the performance of important socio-economic functions, public sector enterprises operate in strategically important sectors of economy, participate in job creation, produce goods and services, and contribute to the GDP growth. State-owned enterprises and corporations provide significant benefits to society, ensure the country’s defense capability. The authors analyze the functioning of the state sector of Russian economy, consider the structure of Russian enterprises and organizations by forms of ownership. The development of the state sector of Russian economy is investigated according to individual indicators, including the share of fixed assets of state property in all fixed assets, the average annual number of employees, the amount of investment in fixed assets of public sector enterprises. It is shown that taking into account only quantitative indicators does not reflect the full scale of the public sector of economy, and does not consider the output of large state-owned enterprises and corporations. An important role in the formation of modern Russian economy is played by the activities of state corporations, the key development indicators of which influenced the functioning of the public sector as a whole. By ensuring the performance of the reproductive, stabilization, innovation and investment functions in economy, state corporations support the development of strategically important sectors of national economy. Based on the results of the analysis of investment activities of large enterprises with state participation, conclusions are drawn about the need for the presence of these economic entities in the structure of national economy. It was revealed that the public sector of economy takes part in maintaining the economic security of our country, individual regions, thereby increasing the competitiveness and the level of well-being of society as a whole.

scholarly journals EFFICIENCY OF ADMINISTRATIVE AND LEGAL PROTECTION: THEORETICAL ASPECTS

2019 ◽  
pp. 174-178
Author(s):  
O. M. Pravotorova
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Social Relations ◽  
Legal Protection ◽  
Administrative Law ◽  
The State ◽  
The Public ◽  
Legitimate Interests ◽  
Four Levels ◽  
Legal Entities

In the article, the key aspects of the effectiveness of administrative and legal protection are researched on the basis of current legislation and opinions on this issue of scholars in the field of administrative law. The author notes that administrative-legal protection is an institution of administrative law consisting of uniform rules of administrative law whose legal effect is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legal interests of individuals and juridical persons carried out for using administrative tools – forms of administrative activity of public administration, administrative coercion and administrative enforcement. The steady development of social relations in administrative law, the improvement of modern technologies, as well as the formation of an information society, could not but affect the state of efficiency of modern administrative and legal protection. The author states that the effectiveness of administrative and legal protection is an integral part of the theory and practice of such protection. Effectiveness of administrative and legal protection is the ability of public administration based on the norms of administrative law to qualitatively and timely restore violated rights, freedoms and legitimate interests of non-authorized individuals and legal entities, public interest of the state and society. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of the public administration in restoration of violated rights of non-authorized persons are generally fulfilled in the normative-legal acts; insufficient, characterized by frequent cases of non-renewal of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive from the state through the indirect activity of the public administration of protection, and dissatisfaction of citizens acquires a significant social weighty protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and the law-enforcement system is full of corruption, while the norms of administrative-legal protection change their humane and fair essence and themselves become factors of the destabilization of social relations. It is concluded that administrative-legal protection exists through a system of administrative-legal norms, and at the same time it is proved that it can not, from the point of view of epistemology of law, exist in such narrow limits as the state determines, it reflects objective social relations, protects the most important values, Which during this period of time may not yet find the formal registration in the sources of administrative law, is provided on the basis of administrative law and simultaneously governed by the norms of administrative law, which will establish not only the state, although it primarily. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of public administration set forth in normative legal acts in relation to the restoration of violated rights of non-authorities as a whole are fulfilled; insufficient, characterized by non-isolated cases, not the restoration of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive protection from the state through the indirect activity of the public administration; the dissatisfaction of citizens acquires significant social protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and corruption penetrates the law-enforcement system, while the norms of administrative-legal protection change their humane and fair essence and they themselves become factors of destabilization of social relations.

scholarly journals Advantages of the corporate model of the state sector of the economy of Russia

2018 ◽  
pp. 10-15
Author(s):  
V. V. Kurchenkov ◽  
O. S. Makarenko
Keyword(s):  
Public Sector ◽  
Significant Role ◽  
The State ◽  
State Sector ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Russian Economy ◽  
Integration Effect ◽  
Stable Development ◽  
Corporate Model

At present, the share of the public sector in the Russian economy plays a significant role. The state sector is actively used as a means of regulation to achieve many state social and economic goals, including provision of the stable development of important strategic sectors. The article reveals the features of the formation and development of the corporate model of the public sector of the Russian economy, related, including the creation and functioning of the institution of state corporations. Special features of the formation of the corporate model of the public sector of the Russian economy are identified, by defining its features, principles, advantages and disadvantages of use, including the achievement of the integration effect in the process of interaction of its economic entities. The results could be used in the activities of state structures in the implementation of state policy for the development of the public sector, solving problems of accounting for its boundaries and scales, and in developing and improving strategies for the development of state corporations, and improving the efficiency of their activities.

Causes, Scope and Features of Disputes in Budgetary Sphere

2020 ◽  
Vol 2 ◽  
pp. 80-89
Author(s):  
A. D. Selyukov ◽  
Keyword(s):  
Public Sector ◽  
Goal Setting ◽  
Management Decision ◽  
Public Interests ◽  
The Public ◽  
Legal Relationship ◽  
Setting Mechanism ◽  
The Law ◽  
Judicial Protection ◽  
Ruling Party

The article is devoted to identifying the features of conflicts in the public sector as a basis for disputes, including with the participation of courts. The concept of «public interests» is introduced, on the basis of which the characteristic of disputes in the budgetary sphere is given as a dispute between the parties, relations between which are based on the method of legal inequality. It is concluded that by virtue of the law, the ruling party gives instructions to the subordinate party to do something in relation to the budget, but not always the public interests of the parties to the legal relationship are equally protected by law, which is not sufficiently manifested in the practice of legal support of budgetary activities. Since the efforts of the legislator to regulate budgetary relations are mainly aimed at ensuring procedural activities, they almost do not affect the goal-setting mechanism, so the subordinate party has no opportunity to challenge the management decision that infringes the implementation of the public interests of the subordinate party. By virtue of the above, the courts do not participate in the consideration of issues that go beyond the procedure for spending budget funds and the application of appropriate sanctions. Therefore, frequent cases of arbitrariness of the powerful party in budgetary legal relations remain without proper judicial protection. To solve the problem, it is required to introduce the institution of goal-setting in the budget legislation, so that it will be possible to talk about the proper provision of public interests in the budget sphere.

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