scholarly journals CONCEPT OF PUBLIC EXPERTISE AND ITS SIGNIFICANCE IN THE ACTIVITIES OF PUBLIC ADMINISTRATION BODIES

2021 ◽  
Vol 74 (1) ◽  
pp. 64-69
Author(s):  
Hanna Buha ◽  

Over the latest 5–10 years, the vocabulary of Ukrainian civil society has increasingly used such concepts as «public monitoring», «public expertise», «public control». This technology is of particular importance in the context of the fact that public control is the basic component of democratic governance. European practice has various forms of such control in its arsenal, which has become a good tradition and a guarantee of democracy in the past world. Back in 2008, the Cabinet of Ministers of Ukraine, namely on November 5, 2008, by Resolution No. 976 adopted the Procedure for Assisting in the Public Expertise of the Executive Authorities Activity. This means that the establishments of civil society, can assess the effectiveness of the activities of any executive authority of Ukraine, according to a certain procedure, as well as they can carry out the procedure for taking into account the latest results of public expertise. Public expertise makes it possible to assess the activities of public authorities, as well as to influence their policies and execution of decisions. The study and unambiguous understanding of public expertise will help to avoid problems in the practical implementation of human and civil rights and freedoms through difficulties. Thus, the concept of public expertise has not yet been sufficiently defined either in normative legal acts or in scientific literature. It should be noted that this concept, namely public examination, is a new phenomenon for domestic science and practice, therefore this concept requires a comprehensive and deep research. So, in our opinion, public expertise is a tool or form of public control which is aimed at achieving transparency in the work of state authorities and local self-government, ensuring the implementation and protection of the rights and freedoms of citizens, as well as such expertise is used for forming and developing civil consciousness. As for the public expertise of executive authorities, it should be noted that it is still more an assessment of their activities and the effectiveness of their decision-making and implementation of these decisions.

Author(s):  
Евгений Николаевич Зиньков

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.


2021 ◽  
Author(s):  
Kosukhina K.V.

The article is devoted to the analysis of the development of public initiatives in Ukraine, as well as their role in building a dialogue between the government and civil society. The connection of the public initiative with the provision of social services is considered. The interaction of civil society institutions with public authorities is determined.


2020 ◽  
pp. 140-150
Author(s):  
В. О. Кінзбурська

In the article the author defines the list of administrative procedures of interaction of state bodies with the public, which includes the procedures that arise in connection with: 1) public consultations (organization and conduct of public discussions of regulations); 2) the study of public opinion; 3) involvement of the public in the work of commissions established under public authorities; 4) exercising public control and supervision; 5) carrying out information activities of state bodies (publication of public information about the work of state bodies, providing answers to public requests for information); 6) activities of public councils in terms of interaction with state bodies (conducting public consultations, conducting public monitoring, holding meetings of the public council and making decisions of a recommendatory nature); 7) submission of appeals and requests for information (application of administrative procedures). The author analyzes some administrative procedures of interaction of state bodies with the public, namely: conducting public consultations and studying public opinion. The key features of the administrative procedure of public consultations are identified, which include: its dual form of implementation, as such consultations can be carried out both in person and via the Internet; availability of mandatory and optional stages; close connection with other administrative procedure related to the implementation of information activities of public authorities; obligatory documentation of the result in the form of a report, and in case of a face-to-face consultation with the public, also a protocol; the possibility of initiating this procedure by both entities government agencies and civil society institutions. It is noted that the administrative procedure for the study of public opinion is similar to the general administrative procedure for public consultation, but has its differences, in particular: it is initiated exclusively by state bodies (executive authorities); has no optional stages; provides for competitive selection among the subjects of public opinion polls, ie in fact it is a different administrative procedure for competitive selection; does not require logging, and the main document for the implementation of such a procedure is a report.


Author(s):  
Kuldeep Mathur

This chapter examines administrative accountability through the democratic pillar of public transparency. One of the pillars of democratic accountability is the availability of adequate information in the public domain about the functioning government. It has taken a social movement for transparency in government to establish people’s right to information through the passage of the Right to Information Act in 2005. However, traditional administration has not reconciled to its demands and PPPs are kept out of its purview on the plea that they are not public authorities. The Lok Pal (ombudsman) Bill has been passed in response to another struggle of civil society.


Author(s):  
Kozodaeva Olesya Nikolaevna

We analyze the legislation and practice of public control implementation of the work of institutions and authorities that conduct sentences. We consider the basic principles and directions of the Public Monitoring Commissions (PMC) activities, we list the problem aspects of the administrations interaction of corrections facilities (CF), mass media and public members. In addition, we study the conceptual foundations of the penal system (PS), measures of legal, organizational, informational, social and economic nature aimed at transparency and improving the conditions of serving a sentence. We ascertain that in practice there are cases in which misunderstanding and ignorance of the criminal, criminal procedural and correctional law legis-lation by members of the PMC, their inability to give an objective legal as-sessment of the behavior and actions of a particular subject (remand prisoner, convicted) and officials of administrations of the Federal Penitentiary Service (FPS of Russia) often creates prerequisites for destabilizing the work of institutions of forced detention (FD) and violating the order of serving sentences. In addition, we note that there are other unresolved tasks with the procedure for protecting the rights of convicted prisoners. Thus, we points out that to date, the issues of modernization and optimization of the security system of the CF, strengthening the material base, the formation of modern information and telecommunication infrastructures, ensuring the necessary level of social protection of the PMC employees, introducing modern technologies and technical means into practice of conduct of sentences and many others have remained unresolved.


2016 ◽  
Vol 11 (3) ◽  
pp. 85-94
Author(s):  
Малик ◽  
Elena Malik ◽  
Меркулов ◽  
Sergey Merkulov

The article is devoted to topical issues of development of state-civil interaction in modern Russia. The scientific approaches to the essence of relationships between public authorities, citizens and public associations are analyzed. The authors describe the main forms of interaction between state and civil society institutions, and basic approaches to understanding of their content. The typology of forms and methods of partnership between the civil society and public authorities in modern Russia is presented. In the article the authors show to the role of information, determine the value of Internet technologies and online communications to improve the cooperation of public associations with public authorities. The content of the problems arising in the process of interaction between public associations and state government is revealed. Some recommendations to improve state support of civil society institutions in the Russian Federation are made.


2004 ◽  
Vol 21 (1) ◽  
pp. 136-139
Author(s):  
Nadira Mustapha

The Canadian Council of Muslim Women (CCMW) held its Twenty-firstAnnual Conference, October 4, 2003 at Crowne Plaza, Montreal, Quebec.CCMW was established in 1982 to attain and maintain equality, equity,and empowerment for Canadian Muslim women in the North Americansetting. Participants from across Canada came to celebrate CCMW’srenowned presence throughout the nation as well as to discuss issuesrelated to the conference: “Engaging Muslim Women in Civic and SocialChange.” The conference was officially opened with the reading of theQur’an in Arabic, English, and French, followed by the Girl Guides ofCanada, Muslim Chapter, singing the Canadian national anthem. Theywere accompanied by the CCMW attendees.Dr. Homa Hoodfar (Concordia University, Quebec) opened the conferencewith the first session: “Building Civil Society in our TransnationalWorld.” Civil society, defined as a society ruled by laws and norms andobeyed by the governing body and the public, was discussed, along with itsrelationship in dealing with such minorities as Muslim women in Canada.A civil society permits a group of people to lobby and work with the publicin a democratic system to facilitate change and development. However,transnational support and solidarity are required in conjunction with lobbying.Hoodfar effectively illustrated this concept by bringing to light theorganization Women Living under Muslim Law (WLUML), which currentlycomprises 4000 individuals and organizations and has surveyed theimplementation of Islamic law in many Islamic countries. Along with servingas a platform to network, the organization exists as a powerful institutionto help Muslim women earn their civil rights and liberties.The presentation “Restoring the Glory of Muslim Women: Leadership,Scholarship, and the Family” by Dr. Azizah al Hibri (University ofRichmond, Richond, VA) passionately described another influentialwomen’s organization. Al Hibri, who has visited 12 Islamic countries, high ...


2018 ◽  
Vol 6 (5) ◽  
pp. 5-11
Author(s):  
N. V. Moskalets

In the article, basing on investigation of the interaction of the Constitutional Court of Ukraine with the Verkhovna Rada of Ukraine in ensuring the rights and freedoms there was proposed the range of instruments of mechanism for interaction based on proper governance, monitoring and evaluation, including performance indicators and effectiveness, individual responsibility of a person authorized to perform the functions of the state. Due to its implementation, the public authorities will provide priority-oriented constitutional guarantees, namely human rights and freedoms in the context of promoting civil society development in Ukraine. In the article, basing on investigation of the interaction of the Constitutional Court of Ukraine with the Verkhovna Rada of Ukraine in ensuring the rights and freedoms there was proposed the range of instruments of mechanism for interaction based on proper governance, monitoring and evaluation, including performance indicators and effectiveness, individual responsibility of a person authorized to perform the functions of the state. Due to its implementation, the public authorities will provide priority-oriented constitutional guarantees, namely human rights and freedoms in the context of promoting civil society development in Ukraine. In order to enhance the implementation of the range of instruments of mechanism for interaction between the Constitutional Court of Ukraine with other public authorities, there was offered the introduction of electronic document management as a preventive anti-corruption measure with integrated monitoring and transparency mechanisms of activity of public authorities in order to reduce the level of corruption and hierarchical influence, for the purpose of openness and transparency, efficiency of activity within the democratic processes.


2021 ◽  
Vol 7 (1) ◽  
pp. 468-475
Author(s):  
Vitaly Viktorovich Goncharov

The practical implementation of the constitutional and legal foundations of public control in the Russian Federation involves the analysis of modern problems arising from the organization and implementation of this institution of civil society, as well as the development and justification of ways to resolve them.  We believe that the resolution of modern problems arising from the organization and implementation of public control in Russia will ensure the implementation in practice of the constitutional principles of democracy and the participation of citizens in the management of state affairs, as well as the implementation, protection and protection of the system of human rights and freedoms and citizen.  


2021 ◽  
Vol 7 (2) ◽  
pp. 50-56
Author(s):  
Iryna Honcharenko ◽  
Olha Honcharenko

Activity of public administration is one of the most evaluated aspects involving hundreds of stakeholders across Ukraine. It is an important topic, as evaluation is one of the main ways for collection of the useful evidence for policymaking. Evaluation can be defined as the collection of evidence for formulating a judgement on the merits of an intervention, programme or policy. There is an unsolved task to provide an in-depth analysis with up-to-date information on the role of the evaluation of regional public authorities and local self-government institutions’ activities. The article shows a number of evaluation methods for the public authorities’ activities and reveals the factors that explain the current situation. The authors propose indicators that meet current trends, in particular the concept of sustainable development, within which the world community is moving. The system of balanced indicators allows to link strategic goals and key indicators that measure the degree of their achievement in the regions. The formation of a perfect evaluation system for the public authorities’ activities includes monitoring of the obtained results, their comparison with the forecast and plan under the condition of clearly defined costs in advance. This involves the use of a set of indicators, in particular: indicators that characterize economic and financial sustainability, those which assess institutional development, social transformation, environmental responsibility and energy efficiency. The influence of the public opinion makes any management process more or less public, so it is necessary to intensify the process of the public monitoring of the services provided by the public authorities, with further response or accumulation of the information for further consideration.


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