scholarly journals ORGANIZATIONAL AND LEGAL MECHANISM OF PUBLIC ADMINISTRATION OF DEVELOPMENT OF DEMOCRATIC TRANSIT (ON THE EXAMPLE OF LAW ENFORCEMENT ACTIVITY)

2021 ◽  
pp. 77-80
Author(s):  
A.Ya. Maksymova
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Legal Mechanism ◽  
Enforcement Activity

scholarly journals Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions

2021 ◽  
Vol 80 (1) ◽  
pp. 55-61
Author(s):  
О. Ю. Прокопенко ◽  
В. І. Кравцов
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Principles ◽  
Civil Proceedings ◽  
The Status ◽  
The Law ◽  
Executive Agencies ◽  
Enforcement Activity

The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities. The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office. The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community. Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.

scholarly journals FUNCTIONS OF THE STATE AND LAW ENFORCEMENT: THE SEARCH FOR RELATIONSHIPS IN THE SYSTEM OF PUBLIC ADMINISTRATION

2021 ◽  
Vol 04 (02) ◽  
pp. 10-23
Author(s):  
Yevdokymov Viktor Yevdokymov Viktor ◽  
Grytsyshen Dymytrii Grytsyshen Dymytrii ◽  
Malyshev Kostiantyn Malyshev Kostiantyn
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Social Relations ◽  
State Policy ◽  
The State ◽  
Theory And Practice ◽  
The Political ◽  
Political Function ◽  
Political Economic ◽  
Enforcement Activity

The theoretical basis for the formation and implementation of state policy in the field of law enforcement is the justification of its place in the context of the implementation of the function of the state and ensuring the appropriate level of security. The functions of the state are the category that determines the directions of its development and transformation in general and individual components in particular. "The question of the functions of the state remains one of the most important issues in the theory and practice of state formation. They play an important role in the implementation of public policy, because without influencing certain social relations, the state is not able to solve the problems facing it and achieve its goals. A special place is occupied by the political function - fundamental for the implementation of other functions of the modern state "[8, p. 23] The functions of the state are always aimed at ensuring the appropriate level of its security in general and individual elements in particular. Accordingly, law enforcement activity determines both the actual law enforcement function of the state and ensuring the implementation of others related to the implementation of public administration decisions in various spheres of public life. "The study of the functions of a democratic, social, legal state provides an opportunity to reveal its democratic potential and contributes to a deeper understanding of the mechanism of state interaction with other structures of society in solving the most important political, economic, social, cultural, ideological and environmental problems. The solution of these problems largely depends on the effectiveness of the internal functions of the Ukrainian state, their financial, organizational and legal support, deepening political and legal reform, the introduction of European-style democracy "[11, p. 222]. Keywords: state policy, law enforcement activity, functions of the state, public administration.

scholarly journals Peculiarities of Realization of the International Mechanism for the Protection of the Rights of Victims of Armed Conflict in the East of Ukraine

2021 ◽  
Vol 39 (71) ◽  
pp. 334-349
Author(s):  
Alexander G. Kolb ◽  
Malvina Hrushko ◽  
Hanna Teteriatnyk ◽  
Olha Chepik-Trehubenko ◽  
Olha Kotliar
Keyword(s):  
Law Enforcement ◽  
Armed Conflict ◽  
Military Conflict ◽  
Territorial Conflicts ◽  
Military Conflicts ◽  
Legal Effect ◽  
Legitimate Interests ◽  
Legal Mechanism ◽  
The Military ◽  
Enforcement Activity

The article analyzes the content of international legal acts related to the protection of the rights of victims of military conflicts. At the same time, its results identify the characteristics of its implementation in Ukraine. It has been established that some of these legal sources have not been ratified by Ukraine or otherwise Ukraine has not given them a binding legal effect. Using a documentary-based methodology close to legal and political hermeneutics, this article develops scientifically sound and relevant proposals aimed at improving the legal mechanism to protect the legitimate interests and rights of the victims of the military conflict in Eastern Ukraine. It is concluded that the current legal problems not only negatively affect the state of law enforcement activity in Ukraine, which is directly related to the content of this process, but also does not allow adequate influence on the determinants that give rise to, and cause military and territorial conflicts in Ukraine, a situation that can be extrapolated to other societies near or far.

THEORETICAL AND PRACTICAL UNDERSTANDING OF ANTI-CORRUPTION POLICY OF UKRAINE: THE EUROPEAN INTEGRATION ASPECT

2020 ◽  
pp. 102-105
Author(s):  
A. A. Prykhodko
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
European Integration ◽  
International Standards ◽  
The Rule Of Law ◽  
Third World Country ◽  
Broad Interpretation ◽  
Enforcement Activity ◽  
Cross Border Cooperation ◽  
The Eu

The article analyzes the theoretical and practical aspects of the anti-corruption policy of Ukraine in the context of European integration. Considered that corruption has long been perceived in the EU as a negative phenomenon requiring systematic, strategic and concerted action of a transboundary and transnational character and, in general, a threat to the rule of law. The author concluded that Ukraine will continue to be perceived by a third world country as long as anti-corruption measures are duplicated from one strategic document to another. The anti-corruption strategy of Ukraine should be an early, strategic and systematic tool for the eradication of corruption and the formation of public justice in the context of zero tolerance for such phenomena. Now this is a set of normatively fixed declarative slogans that are consistent with international standards, but are not achievable in practical terms due to the lack of state strategic planning in advance. The new anti-corruption strategy must necessarily include a broad interpretation of all the concepts used in it, including the term “anti-corruption policy”. Taking into account the recommendations of the CIS Interparliamentary Assembly, the author’s vision of the term “anti-corruption policy” has been formed, as a set of principles, tasks, goals and principles of implementation of law-making and law-enforcement activity of public administration within the protection of human and civil rights and freedoms a state implemented by a system of methods, means and measures to combat corruption in priority areas and in accordance with anti-corruption standards and on the basis of transnational national and cross-border cooperation.

Regulatory Framework and the Procedure for Canceling and Declaring Illegal (Invalid) Administrative Enforcement Acts

2020 ◽  
Vol 8 ◽  
pp. 5-14
Author(s):  
S. V. Yarkovoy ◽  
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Regulatory Framework ◽  
Assessment Methods ◽  
Federal Legislation ◽  
Legal Assessment ◽  
General Rules ◽  
Legal Mechanism ◽  
Legal Consequences

The article analyzes the norms of the current federal legislation governing the procedure for non-judicial and judicial review (cancellation, recognition as illegal or invalid) of enforcement acts of executive authorities and other public administration bodies. The Author notes the absence of a unified legal mechanism for the mentioned types of revision and points out the need for its development and consolidation in the federal administrative-procedural legislation. In order to formulate unified general rules for revising administrative enforcement acts, the necessity of solving a number of crucial issues of the theory of illegality (invalidity) of such acts, in particular, their invalidity and viability, defining criteria for their legal assessment, methods and legal consequences of their cancellation, is substantiated and possible answers are offered to these questions.

Digitalization in the system of anti-corruption measures

2020 ◽  
Vol 22 (5) ◽  
pp. 51-55
Author(s):  
OLEG N. KORCHAGIN ◽  
◽  
ANASTASIA V. LYADSKAYA ◽  
Keyword(s):  
Big Data ◽  
Law Enforcement ◽  
Public Administration ◽  
Network Architecture ◽  
Digital Technologies ◽  
Current State ◽  
Foreign Countries ◽  
Separate Area ◽  
Private Business Sector ◽  
The Given

The article is devoted to the current state of digitalization aimed at solving urgent problems of combating corruption in the field of public administration and private business sector. The work considers the experience of foreign countries and the influence of digital technologies on the fight against corruption. It is noted that the digitalization of public administration is becoming one of the decisive factors for increasing the efficiency of the anti-corruption system and improving management mechanisms. Big Data, if integrated and structured according to the given parameters, allows the implementation of legislative, law enforcement, control and supervisory and law enforcement activities reliably and transparently. Big Data tools allow us to analyze processes, identify dependencies and predict corruption risks. The author describes the most significant problems that complicate the transfer of offline technologies into the online environment. The paper analyzes promising directions for the development of digital technologies that would lead to solving the arising problems, as well as to implement tasks that previously seemed unreachable. The article also describes current developments in the field of collecting and managing large amounts of data, the “Internet of Things”, modern network architecture, and other advances in the field of IT; the work provides applied examples of their potential use in the field of combating corruption. The study gives reasons that, in the context of combating corruption, digitalization should be allocated in a separate area of activity that is controlled and regulated by the state.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

scholarly journals АДМІНІСТРАТИВНО-ПРАВОВИЙ МЕХАНІЗМ РЕАЛІЗАЦІЇ ПРАВООХОРОННОЇ ФУНКЦІЇ ДЕРЖАВИ

2019 ◽  
Vol 15 ◽  
pp. 218-226
Author(s):  
О. І. Безпалова
Keyword(s):  
Law Enforcement ◽  
The State ◽  
Effective Functioning ◽  
The Law ◽  
Legal Mechanism

Розкрито сутність адміністративно-правового механізму реалізації правоохоронної функції держави. З'ясовано основні ознаки, характерні для адміністративно-правового ме­ханізму реалізації правоохоронної функції держави. Визначено перелік елементів, що вхо­дять до цього механізму. Обґрунтовано, що основними системоутворюючими елементами є інституційна та правова складові. Визначено основні кроки в напрямі забезпечення ефек­тивного функціонування адміністративно-правового механізму реалізації правоохоронної функції держави.   The essence of the administrative and legal mechanism for the implementation of the law enforcement functions of the state. Find out the main characteristics of an administrative and legal mechanism for the implementation of the law enforcement functions of the state. The list of items included in this mechanism. It is proved that the main elements of the backbone is the institutional and legal components. The basic steps to ensure the effective functioning of the administrative and legal mechanism for the implementation of the law enforcement functions of the state.

DIRECTIONS OF IMPROVEMENT OF MECHANISMS OF INFLUENCE OF CIVIL SOCIETY ON STATE REGULATION OF LAW ENFORCEMENT ACTIVITY

2017 ◽  
Author(s):  
Irina Zhukova ◽  
◽  
Keyword(s):  
Civil Society ◽  
Law Enforcement ◽  
State Regulation ◽  
The State ◽  
Maximum Efficiency ◽  
Law Enforcement Agencies ◽  
Protection Of Human Rights ◽  
Key Aspects ◽  
Enforcement Activity ◽  
Regulation Of Law

The role and significance of the influence of civil society on the processes of state regulation of law enforcement activities are revealed. The key aspects of state regulation of law enforcement activity under the condition of active influence of civil society representatives on it are revealed. The main factors of the influence of civil society on the activity of law enforcement bodies, which play an important role in the processes of ensuring the proper functioning of the system of state regulation of law enforcement activities in Ukraine, are substantiated. It is substantiated that in order to effectively perform the tasks assigned to law enforcement agencies, these structures interact with representatives of the public sector. It is proved that interaction with civil society of the law enforcement system is an important aspect to increase the effectiveness of these bodies in ensuring the protection of human rights and freedoms, public order and security, the interests of society and the state, as well as combating crime. Conclusions are formed regarding the content of new approaches to the organization of law enforcement agencies' work with the population, public organizations and local self-government bodies in the field of law enforcement. The complex of the existing administrative measures for achievement of the maximum efficiency of functioning of system of the state regulation of law enforcement activity in a foreshortening of influence of representatives of civil society on it is considered. Current trends and priority areas for improving the mechanisms of civil society influence on state regulation of law enforcement, in particular, the administrative and legal direction on a partnership basis, are outlined.

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