scholarly journals MODERNIZATION OF THE SYSTEM OF STATE SUPERVISION AND CONTROL IN UKRAINE

Fire Safety ◽  
2020 ◽  
Vol 36 ◽  
pp. 95-100
Author(s):  
O. Miller ◽  
A. Harchuk

In modern conditions, the problems of fire safety in Ukraine become especially important. A significant increase of fires that have occurred in the country recently, have led to deaths and injuries and significant material damage. In this case, the introduction of modern effective methods of fire safety is particularly acute. The article shows main attention to significant shortcomings in the system of state regulation of fire safety in Ukraine, especially: lack of effective state supervision and control, non-compliance of domestic practices with standards and norms of high-educated countries, underdeveloped market of insurance services in the field of fire insurance. However, the no interest of the state, as well as individuals and legal entities in the use of risk-oriented approach with economic leverage in the form of an appropriate insurance system, lack of remote control by the state over business activities, low level of fire safety. The leading role in ensuring supervision and control belongs to the state itself, which must combine state and public beliefs and coercion, by applying to public relations appropriate measures provided for in the functioning of fire safety management.


2021 ◽  
Vol 5 (49) ◽  
pp. 5
Author(s):  
Oleh Kyryliuk

The main objective of the study, the results of which is presented in the article, is an analysis of the content and essence of parliamentary control, which is a prerequisite for improving mechanisms for its implementation. The author has shown that the concept of parliamentarism means the presence of a division of state power to the legislative, executive and judicial, and therefore means independence and simultaneous interconnection of all branches of power. Such interconnectivity makes it possible to restrain branch branches due to mutual influence, pressure and control. The article determines that the state policy develops in a way that makes it possible to synchronously and in this case it is symmetrically involved in various branches of power to its formation, implementation and adjustment, depending on manifestations of legal reality, socio-economic reality and public-political processes in the state. The author revealed that, in democratic countries, the Parliament acts as a state policy that is responsible for state policy: taking on the legislative level of basic principles, the principles and mechanisms for implementing the state policy that rely on all the basis of all without exception social relations with the basis of public relations with the legislative level. its realization. Parliamentary control covers spheres much wider than a purely process of realization by the state executive authorities of their own powers. It is about the possibility of introducing separate forms of parliamentary control as an element of political legal personality, when the appointment of parliament officials that is part of its competence entails direct responsibility of such persons in the form of possible release due to the unsatisfactory results of the implementation of its powers or violations of legislation in the process of their the realization. In general, it can be noted that the unique combination of legislative and control functions in a representative body of state power increases the effectiveness of state regulation as a whole, since the adoption of the law means only the implementation of the establishment function by the state, and already its direct realization and enforcement of state power bodies - will provide the dynamics of the process of regulating public relationship. Instead, such an enforcement requires control not so much by the completion of the state authorities of its powers, but for the correctness of understanding the essence of the norms that are determined by the mechanisms of state regulation in the field of environmental activity.Key words: parliamentary control, execution of parliamentary control, lawmaking, state policy, central executive authorities.



2021 ◽  
Vol 30 (4) ◽  
pp. 74-89
Author(s):  
A. V. Ershov ◽  
V. B. Korobko

The article addresses the problem of bridging the divide between the present-day technological advancement, primarily in the field of normative legal and technical regulation of fire safety, and the qualification of persons, authorized to regulate relations in fire safety assurance (hereinafter — “Authorized persons”) in the context of transition of the state regulation of fire safety relations from an obsolete standard target model to a new analytical and scenario-based (risk-oriented) target model used to make decisions in the area of control over the safe condition of the technosphere in view of a sudden increase in the dynamics of sociocultural processes.The Education and Research Supervision Unit of the State Fire Academy of the EMERCOM of Russia (the Ministry for Civil Defense, Emergencies, and Elimination of Consequences of Natural Disasters), responsible for the drafting of suggestions concerning the implementation of point 10, Minutes № 1 of the meeting of the workgroup of EMERCOM of Russia on May 20, 2019 “Regarding the arrangement of interaction with the management authorities of the institutional firefighting service of executive federal authorities and organizations”, has developed “The list of milestones of professional culture for the persons responsible for regulating relations in the field of fire safety for the period of transition from a standard target model to the risk model of controlling, supervisory, and authorization-related activities” (hereinafter — “the List”).This List represents a basic set of conceptual professional milestones, whose attainment enables authorized persons to re-focus their conscience from an obsolete standard paradigm, used to make decisions in the area of fire safety, to a new risk-oriented one.Given the focus of this article, it defines some, or the most significant, milestones of professional risk-oriented culture of authorized persons.



2018 ◽  
pp. 45-57 ◽  
Author(s):  
Zoryana LOBODINA

Introduction. The need to neutralize the threats to Ukraine's national security requires review of the priorities of public administration. Given the leading role of the budget as the imperative dominant of the system of state regulation of socio-economic development, the use of which is linked to the practical application of the budget mechanism of the socio-economic development of the state, the feasibility of modernizing the said mechanism is beyond doubt. The above circumstances determine the indisputable relevance of the study of the architecture of the budget mechanism and the search for ways to improve its structure, the integration of financial methods, forms, tools and instruments. Purposes. The purpose of the article is to formulate its own scientific approach to the structuring of the budget mechanism of the socio-economic development of the state, the characteristics of its elements and the relationship between them. Results.The result of the study proved that the optimal combination of elements of the budget mechanism allows the state to effectively influence the socio-economic processes, ensuring the functioning and development of the national economy, affordable and quality public services to the population, solving social problems and others. So in terms of transformation of budgetary relations and orientation of public finance to economic growth and improving public welfare scientific approaches to structuring the budget mechanism require revisionand clarification. Conclusion. Taking into account the directions of budget resources movement, the budget mechanism of the socio-economic development of the state proposes to distinguish two main subsystems: the mechanism of budget funds formation and the mechanism of using budget funds. In each of the subsystems, financial methods, forms, tools, levers are distinguished and characterized in the context of providing the architectural budget mechanism.



2020 ◽  
pp. 7-15
Author(s):  
L.M. Parente

The article examines the historical and legal preconditions for the formation of self-regulation in Ukraine and other countries. On the basis of the conducted research, the peculiarities of the development of self-regulation in the territory of Ukraine in different historical periods are determined. The preconditions for the formation of the institution of self-regulation in the field of management and professional activity are described. It is determined that self-regulation has been inherent in society since the beginning of the primary forms of the common cause. The primary forms of SROs developed rules of professional activity, performed the functions of control and supervision due to the vacuum of state regulation in such areas. The peculiarity of such organizations was certain legalization by the state. Such SROs regulated their own activities at the level of development and adoption of local acts. A feature of national self-regulation was the transition from voluntary to compulsory regulation. to distinguish three periods of development of legislative support in the field of self-regulation. Declarative (from 1991 to 1996): this period is characterized by the formal consolidation at the legislative level of the right of participants in public relations to create an SRO. However, the status of SROs was practically not regulated at the legislative level. At the state level, there was no strategy for the development of self-regulation in the field of management and professional activities. Institutional (from 1996 to 2016): during this period the system of delegation of powers from public authorities of the SRO, the system of legalization of the SRO is introduced. However, the rules on SROs are still chaotic, there is no clear mechanism for control and supervision of SRO activities by public authorities, the concept of participation in SROs as business entities and persons of certain professions is not defined. In a number of areas, despite the consolidation of the right to create SROs at the level of laws, SROs have not worked. Reformation (from 2016 to the present): characterized by the development at the legislative level of the Concept of reforming the institution of self-regulation, which outlines the problematic issues of the institution of self-regulation in Ukraine, identifies areas for improvement. Keywords: self-regulation, a self-regulatory organization, the sphere of management, professional activity, a delegation of powers.



Author(s):  
E. V. Konysheva ◽  

The article is focused on the international contacts of the Soviet architecture in the 1930s. The direct object of the research is the cross-border communications of the Union of Soviet Architects: the tasks and forms of contacts of Soviet architects with foreign colleagues and institutions, as well as the role of the Union of Architects in this process; mechanisms of interaction with the authorities and tactics of the professional community in the context of regulation and control of international relations; conflicting nodes of state and professional interests. It is shown that in its international contacts, the Union of Architects did not appear as an independent actor, as it did not have institutional independence in international communications, autonomy in decision-making and its own resources for the implementation of projects. The institutional nature of the interaction prevailed; personal contacts were minimized and included into collective strategies. The international activity of the Union of Architects was part of the state policy of “cultural diplomacy” and had not only a professional, but also a propaganda-ideological component. The authorities ignored the professional motives of the architectural community if they did not coincide with governmental tasks. However, it is shown that the Union of Architects had its own tactics and realized its professional interests, using the interest of the state in a particular project. As a result, the thesis is presented that state regulation and total control sharply narrowed the possibilities of cross-border communications of the architectural community, distorted their forms and contents, but did not destroy them. The discovery and study of new documents shows that the myth of the cultural autarchy of the Stalinist USSR is not confirmed by the example of an architectural field.



2021 ◽  
pp. 38-43
Author(s):  
O. V. Bailo

The article considers the problematic issues of the organization of state supervision (control) over the observance of labor legislation. The urgency of the research topic is determined by the dependence of the state of human rights on the effectiveness of supervision and control by the state. The relevance of the study of legal relations in the field of state supervision (control) is determined by the fact that state control (supervision) over compliance with labor legislation and other regulations containing labor law is considered in the science of labor law as a jurisdictional way to protect labor rights and freedoms. The study of case law shows the ineffectiveness of state supervision (control) in the field of labor in connection with the violation of the procedure for such measures. The vast majority of court proceedings on administrative claims of business entities to the Territorial Departments of the State Labor Service on the recognition of illegal and revocation of the decision are decided in favor of business entities. The article pays special attention to the problematic issues of the procedure of implementation of measures of state supervision (control) in the field of labor, namely the grounds for the implementation of such unscheduled measures (inspection visits). During the inspection of an business entity, the State Labor Service must in any case follow the procedure for appointing and conducting such inspection, established by the legislation of Ukraine. Convention no. 81 (1947) does not provide for exceptions to bring business entities to justice based on the results of inspections violation of the procedure established by national law and the results of which do not give rise to legal consequences for business entities. The provisions of the draft Labor Code of Ukraine on the organization of state supervision over compliance with labor legislation are analyzed. On the basis of the analyzed normative-legal acts, amendments to the legislation are developed and offered, which will eliminate shortcomings in the organization and activity of subjects of supervision and control over observance of the labor legislation that as a whole will promote realization of the state policy in the field of effective employment.



Fire Safety ◽  
2020 ◽  
Vol 35 ◽  
pp. 49-53
Author(s):  
O. Miller ◽  
I. Harchuk

In the framework of Ukraine's foreign policy on integration with the European Union (hereinafter referred to as the EU), by pursuing the necessary reforms, our country is gradually and persistently approaching European standards in the field of civil protection. Therefore, the problems of fire safety in Ukraine are of particular relevance. Nowadays, they are interconnected and interdependent with the problems of economic, social, technogenic and environmental danger - unsatisfactory fire situation in our country forces the relevant authorities and organizations to work for the prevention and prevention of fire threats, for the protection of life and health of people, national wealth and the environment. The article reveals a number of shortcomings in the fire safety regulation system in Ukraine, in particular, the inconsistency of domestic experience with the standards and norms of the European Union and international bodies, the outdated paradigm of inspection and risk assessment on a scale, excessive pressure of state supervision (control) on entrepreneurs (control) imperfection of the insurance services market, lack of interest of some state bodies of executive power in the state policy of deregulation, low level of responsibility of objects of protection of requirements the gamut of fire safety.



Author(s):  
Sergey Georgiyovych Bugaytsov ◽  
Vasyl Anatoliyovych Shoyko

The article describes the objects of administrative influences from the position of development of the sphere of fire safety. Mechanisms of state management of the fire safety sphere in Ukraine are investigated. The main causes of fires in Ukraine are identified according to experts. Proposals have been made on the necessary changes to the law of Ukraine “On the Fundamentals of National Security of Ukraine”. The proposed scientific and theoretical foundations of mechanisms for the implementation of state governance in the field of fire safety. It was determined that the state should always act as a reliable guarantor of mandatory liability of organizations operating hazardous industrial facilities, establish criteria for determining the amount of financial security for civil liability for damage caused by an emergency situation related to the occurrence of a fire; introduction of scientifically sound approaches to the assessment of fire damage with the involvement of independent expert organizations; development of the regulatory and legal framework for the implementation of supervisory functions and ensuring the responsibility of managers of enterprises (institutions, organizations) and executive authorities in the field of fire safety. At the same time, it is justified that the main indicators in the state regulation should be considered: the frequency of fires, losses, the costs of measures to prevent and eliminate emergencies associated with the occurrence of a fire and prevented damage. It is specified that the understanding of the importance of fire safety as a priority component of national security is not very deep in our opinion, is also due to the fact that the losses that result from the occurrence of fires are not always properly calculated. In our opinion, the calculations of only a set of known losses can not expose all the costs that the state and society bear on the results of fires. The most obvious example is the consequences of a fire in the forest.



2018 ◽  
Vol 5 (11) ◽  
pp. 31-43
Author(s):  
S. V. Govorun

The article analyzes the current state of the normative and legal support of the activity of public administration bodies in the field of fire safety of Ukraine. Their place, role and functions in providing fire safety, the need for further regulation and improvement of regulatory and legal regulation in this field are considered in order to optimize the work of state bodies in the field of fire safety of Ukraine, eliminating duplication of their functions. The subjects and objects of public administration in the field of fire safety in Ukraine, which are enshrined in normative-legal acts, are analyzed. It’s proposed to make changes to the system of the current legislation in Ukraine in the field of fire safety, in particular the Code of Civil Protection of Ukraine (2012) and constructed a prescriptive model of the subject-object legal relations of the state fire safety management.



2021 ◽  
pp. 226-236
Author(s):  
Yevhen BONDARENKO

Introduction. The deep and comprehensive political, economic and social processes taking place in modern Ukraine cause serious changes in the understanding of the role and importance of many industries and spheres of state activity that serve as the basis of Ukrainian society. Such spheres, the importance of which has been constantly growing in recent years, include the sphere of public relations related to the implementation of foreign economic activity. That is why, the study of the institutional mechanism of formation and implementation of customs policy, fiscal priorities of the customs service, the problems of control and administrative activities of customs authorities, their modernization is now becoming extremely acute and relevant. The purpose of the article is to determine the features and patterns of fiscal and control functions of customs authorities in Ukraine, analysis of indicators of revenue of the State Budget of Ukraine in terms of customs duties, monitoring ways to work out customs risks and outline ways to combat smuggling. Methods. Methods of dialectical analysis and synthesis, as well as methods of logical generalization, comparison and formalization are used in the research. Results. The essence and role of customs policy in the socio-economic development of the state are substantiated. Emphasis is placed on the peculiarities of the administration of customs payments and their mobilization to the budget. It is proved, that customs payments are important in the structure of budget revenues. The evaluation of the implementation of the planned indicators of fiscal activity of the State Customs Service of Ukraine was carried out. The risk factors of the customs space are identified and the methodical aspects of their development are outlined. Customs control plays a key role in preventing the smuggling of goods and detecting customs torts. Improving and digitalization of the control and verification work of customs authorities will help minimize fiscal losses, as well as, as summarized in the article - to improve the social and economic security of the state. Prospects. In the further scientific research, attention will be paid to the use of modern information technologies and technical means of customs control in the activities of the State Customs Service of Ukraine. The newest institutional paradigm of the customs space must take into account the digitalization of socio-economic processes.



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