scholarly journals Public Administration’s Regulatory Acts: Classification Issues

2019 ◽  
Vol 87 (4) ◽  
pp. 71-80
Author(s):  
V. R. Bila
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Public Institution ◽  
Legal Form ◽  
The Public ◽  
Legal Power ◽  
Legal Obligations ◽  
Regulatory Law ◽  
Professional Self ◽  
Subjective Rights

The author has attempted to group public administration’s normative acts. The advantages of classification as the method of cognition of state and legal phenomena and rules of its conduction have been outlined. The criteria for classification of public administration’s regulatory acts have been clarified. That made it possible to specify the content of the components identified as a result of the classification. The author has emphasized the necessity of forming theoretical system of regulatory acts as forms of public administration, establishing their clear hierarchy and competent independence. Based on the competence of the public administration entity, it has been offered to distinguish general, departmental, interagency and local regulatory acts. The author has offered to improve the competence of public administration agencies with regard to normative and legal regulation of public administration relations. The author has indicated on the need to rethink the scope of the concept of local regulatory acts and has offered to include exclusively the acts of professional self-government agencies of socially important professions. The author has emphasized on the necessity to set general requirements for local rule-making in order to avoid procedural violations. According to the functional purpose, the author has offered to distinguish program, regulatory, law enforcement, competence, statutory and structural acts, as well as planning acts. Competent acts define the sphere of responsibility, main tasks and powers, managerial relations within the agency of public administration and its organizational and legal form; structural acts – the territorial and functional structure of public administration agencies, distribution of powers, etc., statutory acts – the procedure of management and functioning of public institution. Program and planning acts do not cause the immediate effects of legal consequences such as the emergence, change or termination of subjective rights and legal obligations and related legal relations, which, however, does not mean that they do not lose the features of normativity. The legal force of such acts will depend on the entity that approved the act: the higher its place in the hierarchy of executive authorities, the higher its legal power.

scholarly journals The Problem of Legal Regulation of Claims

2019 ◽  
Vol 6 (1) ◽  
pp. 183-188
Author(s):  
Igor Igorevich Mazurov
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Legal Form ◽  
Legal Recognition ◽  
Legal Obligations ◽  
The Status ◽  
The Subject ◽  
Legal Actor ◽  
Subjective Rights ◽  
State Body

Legal practice is characterized by cases when legal regulation does not achieve its goals in view of ignoring the claims of legal actors. The article searches for ways to solve this problem. The concepts of legal regulation and legal impact are distinguished in the context of their connection with the mechanism of legal claim and the mechanism of its implementation. The main features of legal regulation of legal claims, which are largely due to the nature of the nature of legal claims, are highlighted. The content of legal claims in this case is the main subject of legal impact, while the object of legal regulation are social relations. Legal regulation of legal claims is carried out indirectly, that is, through the creation, modification or cancellation of the conditions for the recognition of their content as legal. The main legal form of recognition of legal claims is their formal legal recognition by authorized state bodies and officials. The conditions for recognizing legal claims presuppose, first of all, the formalization of a person’s legal qualities - legal capacity and legal active capacity, securing the status of a subject of law for a person. In the next turn, the conditions for the recognition of legal claims, in order to ensure acceptable and the most optimal models of social interaction, provide as one of the tools of legal regulation of the relevant subjective rights and legal obligations. At the same time, the excessive complexity of the procedure for the implementation of legal claims creates conditions for illegal ways to ensure the needs and interests. It underlines the pattern of strengthening the degree of legal influence on a legal actor if the subject of legal regulation and the subject of formal legal recognition of legal claims are united in the person of one state body or official.

scholarly journals Legal Regulation of Public Governance in Finland – an Illusion of Predictable Public Administration?

2015 ◽  
Vol 38 (2) ◽  
pp. 52-59
Author(s):  
Niina Mäntylä ◽  
Laura Perttola ◽  
Kristian Siikavirta
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Administrative Law ◽  
Soft Law ◽  
Eu Law ◽  
Public Governance ◽  
The Public ◽  
The Individual ◽  
Changing Role

Legal coherence and predictable decision-making are the cornerstones of Finnish administrative law. The aim of this research is to analyze the factors that make administrative decisions unpredictable in Finland today. Why is the challenge so significant for the authorities? The factor analysis revealed six main features affecting predictability in the legal regulation of Finnish public governance: the increasing use of soft law, the devolution of government, deregulation, the changing role of the individual, the blurring of the division between the public and the private sector and the influence of international and EU-law.

scholarly journals Swoboda wyboru prywatnoprawnej formy działania administracji gospodarczej w polskiej i niemieckiej doktrynie prawa publicznego

2019 ◽  
pp. 93-116
Author(s):  
Paweł Sancewicz
Keyword(s):  
Public Administration ◽  
German Law ◽  
Legal Framework ◽  
Public Law ◽  
Legal Form ◽  
The Public ◽  
Administrative Procedures ◽  
The Republic ◽  
Legal Forms ◽  
Polish Law

The purpose of this paper was to present views of both Polish and German public law doctrine on the issue of the possibility to choose a legal form of implementa­tion of public tasks by the public administration. This issue is not only a theoretical matter because currently administration has to cope with increasingly complex and complicated public tasks that must be implemented. The article first explains the concept of the legal forms of action, distinguished from the measures available in administration. Next, the freedom of choice of the legal form of action as well as the instances of its abuse are analysed. The considerations carried out in the article allow to adopt the position that the choice of the legal form of action by public administration cannot be actually prejudged under Polish law. The main limitation of the freedom to choose the le­gal form of action is contained in Article 7 read in connection with Article 2 of the Constitution of the Republic of Poland which stipulate a legal framework that ought to embrace them. There is also a concern that the authorities may abuse certain forms of action in order to, for example, avoid certain administrative procedures or to achieve desired fiscal objectives. As indicated in the course of the analysis, the German doctrine and practice encountered similar problems, and now the experi­ence and undoubted successes of German law and practice could be a significant inspiration for Polish lawmakers in this area. De lege ferenda, it is necessary to propose the introduction of legal regulations that will enable or facilitate a free choice of the legal form of action by administra­tive bodies. However, establishing such regulations will only be possible and and effective when the administrative agreement becomes part of the Polish legal system.

scholarly journals Changes in financial position of state as a security problem

2016 ◽  
Vol 68 (2-3) ◽  
pp. 193-208
Author(s):  
Ivica Djordjevic ◽  
Zoran Jeftic
Keyword(s):  
Public Administration ◽  
Public Debt ◽  
Constant Pressure ◽  
Local Population ◽  
Public Institution ◽  
Economic Relationships ◽  
The Public ◽  
Root Cause ◽  
Financial Position ◽  
Security Problem

The second half of the 20th century will be remembered as the period of the biggest liberalisation in history in the area of international economic relationships. Many factors served that fact. First of all, attempts to eliminate circumstances which were the root cause of previous world wars. Along with liberalisation of the trade processes, there was a process of growth of public debt which significantly restricted public institution activities. Due to lack of funds in the budget, countries were forced to mortgage and pay a significant amount of money for the rates of interest. Developing countries are especially in a very difficult position because they are under constant pressure and are forced to accept unfavorable arrangements in order to make their system work at all. The circumstances which were mentioned are the hardest for the citizens, primarily due to the lack of funds for the financing of the public sector. Because of the various restrictions, the health system, education and public administration, have a constant deficit and are not able to follow the needs of the local population. Dysfunction of national institutions represents a security problem par excellence.

Ukrainian Civil Service: Implementation of the Public Administration Reform Strategy in Ukraine

2020 ◽  
Vol 11 (4) ◽  
pp. 1439
Author(s):  
Oleksandra I. VASYLIEVA ◽  
Sergii V. SLUKHAI ◽  
Svitlana K. KHADZHYRADIEVA ◽  
Andriy A. KLOCHKO ◽  
Anna G. PASHKOVA
Keyword(s):  
Public Administration ◽  
Civil Service ◽  
Practical Importance ◽  
Life Quality ◽  
Public Institution ◽  
Public Image ◽  
Legal Compliance ◽  
Administrative Services ◽  
The Public ◽  
Soviet Legacy

Civil service as a public institution is called to increase the life quality standards for the population by delivery of high-quality administrative services, forming and ensuring the implementation of the public policy, supervision and control over legal compliance of public bodies’ and officials’ actions. However, in Ukraine it does not fully meet these objectives and requires substantial reforming. The relevance of this study lies in an active interest of philosophers, scientists, and lawyers in the research and definition of socio-economic and political turbulence in modern Ukraine caused by internal and external factors. The paper discusses the innovations of civil service in Ukraine, which are aimed at improving the performance and ensuring the quality of civil service. The results of this paper demonstrate that Ukraine has moved quite a distance from the Soviet legacy as far as civil service is concerned. Nevertheless, the country still has a lot to be done: these achievements must be supported by steady efforts so as to make them irreversible and to significantly increase the efficiency of public administration. In this connection, the civil service reform in Ukraine must be supported not only by policy measures that enhance the professionalism of civil servants, but also by the improvement of their public image. The practical importance is determined by the need to formulate priority ways of raising the country’s economic competitiveness and promoting social welfare.  

Lean thinking: planning and implementation in the public sector

2017 ◽  
Vol 8 (4) ◽  
pp. 390-410 ◽  
Author(s):  
Juliana Pascualote Lemos de Almeida ◽  
Simone Vasconcelos Ribeiro Galina ◽  
Marcia Mazzeo Grande ◽  
Daiane Gressler Brum
Keyword(s):  
Public Administration ◽  
Regulatory Agency ◽  
Control Process ◽  
Public Institution ◽  
Longitudinal Case Study ◽  
Lean Thinking ◽  
Content Type ◽  
Public Agency ◽  
The Public ◽  
Private Organizations

Purpose The purpose of this paper is to analyse how Lean office planning and implementation take place in a Brazilian regulatory agency and to investigate the adjustments needed for its implementation. Design/methodology/approach A longitudinal case study was conducted. Interview was the main source of evidence. Between September and October 2012, data about the planning phase were collected; between April and May 2015, Lean office implementation was investigated. Altogether, five employees of the agency were interviewed. Findings The agency assumed its mission as value for the user, establishing control process, evaluating and improving processes to achieve perfection and recognising its weakness in a continuous improvement culture. Planning and implementation of Lean office in the regulatory agency followed the main recommendations in the literature. However, adjustments were necessary in accordance with the particularities of the public institution. Research limitations/implications Owing to the nature of this study, no generalisation was possible. Moreover, interviews with managers were about both Lean planning, which has taken place in the past, and Lean implementing, which is still running; thus, some information may be abstruse. Practical implications It was possible to list the main adjustments needed for planning and implementing the Lean office in the public agency and some are applicable for other public administration bodies. Originality/value Lean office studies are mainly related to private organizations, but this paper demonstrates that their fundamentals are preserved in public service, and thus it proved that Lean thinking may be applied to the public administration. It also raised a series of questions for future studies.

scholarly journals Public Law and Administration under Conditions of Hybrid Warfare (The Experience of Ukraine)

2021 ◽  
Vol 27 ◽  
pp. 195-218
Author(s):  
Taras Gurzhii ◽  
Anna Gurzhii ◽  
Adam Jakuszewicz
Keyword(s):  
National Security ◽  
Public Administration ◽  
Legal Regulation ◽  
Public Law ◽  
Administrative System ◽  
Hybrid Warfare ◽  
The Public ◽  
The World ◽  
Protection Of Human Rights ◽  
State Of Affairs

Events that took place in Ukraine in 2014 transparently demonstrated the maladjustment of the national legal and administrative system to the challenges of hybrid warfare in times of peace. Although it took into account the possibility of direct military threats, it proved not to be ready for withstanding unconventional pressure. This state of affairs significantly weakened the state’s ability to resist and led to a number of dramatic political miscalculations, organizational failures, and acute social problems. The subsequent update of the national public law and administrative system made it possible to improve the situation, but at the same time it revealed a number of pressing issues related to the need to strike a balance between the state’s commitment to ensure the protection of human rights and the necessity to protect national security. In this sense the experience of Ukraine is instructive for many countries of the world, especially for those that are the target of the geopolitical ambitions of the modern Russia. The paper discusses the public law of Ukraine in recent years with the view of highlighting some key problems of legal regulation, as well as identifying some promising ways to develop public administration so that it is capable of effectively coping with the threats of hybrid warfare.

scholarly journals The environmental regulation of mining: legal foundations

2021 ◽  
pp. 106-110
Author(s):  
O Vasylchenko ◽  
O Lotiuk ◽  
A Yevstihnieiev ◽  
A Basalaieva ◽  
S Kustova
Keyword(s):  
Public Administration ◽  
Environmental Regulation ◽  
Legal Framework ◽  
Legal Regulation ◽  
The Public ◽  
Current State ◽  
Integrated Research ◽  
Legal Foundations ◽  
The Difference ◽  
The Impact

Purpose. To enhance the quality of Ukrainian legislation by improving the legal framework of public administration in the field of environmental regulation of mining in Ukraine. Methodology. The authors used comparative and legal, historical, systemic, structural and functional, formal and logical, and dialectical research methods. The need to use an integrated research method is emphasized. Findings. The authors investigated two problems actualized by the so-called Adani Syndrome: 1. The criteria for assessing the impact on the environment and their legal force. 2. The legal framework governing the rights of the owner, the state and the public. The above problems were studied in comparison with the legal support of environmental regulation of mining in Ukraine. Originality. The experience of environmental regulation of mining in Australia is analyzed on the example of the conflict over the Carmichael mine project, resulting in disclosing the current state of Ukrainian legislation in this area. The directions of improving the legal foundations of public administration in the field of environmental regulation of mining in Ukraine have been brought up for discussion. Practical value. The use of the obtained results will make it possible to eliminate the difference between the legal support of environmental regulation of mining in developed and developing countries. The proposals have been formulated to improve the legal regulation in the area under study in terms of detailing the powers of individual governing bodies of special competence, as well as in terms of procedures for assessing the environmental impact. The formulated proposals can help to strengthen the effectiveness of the legislation in power.

scholarly journals MANAGEMENT (ADMINISTRATIVE) ACTIVITY OF THE CONTROLLING AUTHORITIES IN THE AREA OF TAXATION: ESSENCE AND TYPES

2019 ◽  
Vol 4 (5) ◽  
pp. 343 ◽  
Author(s):  
Olha Tylchyk ◽  
Yurii Riabchenko ◽  
Oleksandr Popivniak
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Legal Regulation ◽  
Administrative Law ◽  
Theoretical Background ◽  
Legal Analysis ◽  
Activity System ◽  
The Public ◽  
Scientific Analysis ◽  
Scientific Papers

The innovation of conceptual provisions of the administrative law doctrine that are based on the priority of rights, freedoms, legitimate interests of an individual, service orientation of the public administration authorities’ performance affects the essence of the controlling authorities’ management (administrative) activity in the area of taxation and requires its fundamental upgrade. Drafting of theoretical provisions as to the essence and the types of the controlling authorities’ management (administrative) activity in the area of taxation should be based on a profound theoretical and legal analysis of the existing concepts and doctrines and their comparison with the current developments in the public administration authorities’ performance that carry out similar activities. In addition, it’s reasonable to highlight the issues of legal regulation of the relations with respect to the controlling authorities’ management (administrative) activity carried out in the area of taxation. The research objective is to substantiate the theoretical background of the controlling authorities’ management (administrative) activity in the area of taxation set out in the form of a list of the substantive characteristics of such activity, the provisions that reflect its peculiarities, as well as the systematization of the lines and types of such activity. The object of the research is the social relations of a public-law nature, related to the activities of the controlling authorities in the area of taxation. The contemporary concepts and doctrines developed by the scientists through critical thinking constitute the theoretical basis of the scientific analysis. This article explores the scientific papers related to the issues of public administration, administrative law, and administrative activity. System-based approach constitutes the methodology of the scientific analysis which made it possible to single out the elements of the administrative activity system, to reveal their content and to take into account their specific features when determining the nature of the controlling authorities’ management (administrative) activity in the area of taxation. The result of this research is the theory that reveals the current essence of the specified activity and its lines. This article places emphasis on the existence of public and service component of the specified activity.

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

2020 ◽  
Vol 3 (3) ◽  
pp. 65-72
Author(s):  
Yuriy Payda
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Central Executive ◽  
The State ◽  
Local State ◽  
Executive Power ◽  
The Public ◽  
Head Of State ◽  
Territorial Unit ◽  
State Administration

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.

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