scholarly journals ON THE QUESTION OF DEFINITION OF THE CONCEPT OF ADMINISTRATIVE ACTIVITY OF THE STATE MIGRATION SERVICE OF UKRAINE

2020 ◽  
pp. 230-236
Author(s):  
В. В. Репело
Keyword(s):  
Public Administration ◽  
Scientific Literature ◽  
Administrative Law ◽  
The State ◽  
Main Attention ◽  
Public Authorities ◽  
Administrative Functions ◽  
Characteristic Features ◽  
Definition Of ◽  
The Right

The study analyzes the categorical apparatus related to the concept of administrative activity of the State Migration Service in Ukraine, namely the categories «administration», «public administration», «public administration», «administrativeactivity»andothers.Thedefinitionoftheconceptof«administration» in the encyclopedic literature, in particular in the Legal Encyclopedia, highlights the main features of the administration, public administration. The term «public administration» is analyzed, the positions on definition of this definition by researchers O. Shatylo are given), it is indicated that this term is used in two meanings (narrow and wide), the definitions of public administration of V. Averyanov, R. Kravtsova, S. Chernov are also given. A. Zelentsov’s position on the characteristic features of public administration that distinguish it from private administration is highlighted. The main attention is paid to the disclosure of the term «administrative activity», the definition is defined in the reference literature, namely in the Great Ukrainian Encyclopedia, the Encyclopedia of Modern Ukraine. It is emphasized that the administrative activities of public authorities are implemented through the powers vested in the state, and from the state they receive the right to perform administrative functions, such powers are defined exclusively in regulations of the state and its authorities. Positions on the definition of «administrative activity» by M. Ishchenko, E. Mishchuk, A. Sorochynsky, S. Petkov and L. Spytska are given. Based on the analysis of legislation, bylaws and scientific literature on administrative law, the definition of the concept of administrative activity of the State Migration Service of Ukraine is proposed.

COMPETENCE APPROACH IN EUROPEAN PUBLIC ADMINISTRATION: ESSENCE AND DEVELOPMENT TRENDS (ARCHETYPAL ASPECT)

2018 ◽  
Vol 1 (14) ◽  
pp. 132-143
Author(s):  
Martha Ivanivna Karpa
Keyword(s):  
Public Administration ◽  
Good Governance ◽  
Public Institutions ◽  
Public Authorities ◽  
European Public ◽  
Territorial Organization ◽  
Characteristic Features ◽  
State And Local ◽  
Main Components ◽  
Definition Of

The article reveals the main features of the competence approach in the practice of European public administration. The features of the competence approach in public administration are determined on the basis of analysis of the basic concepts of public administration. In the dynamics of the formation and development of popular theories of interaction between state and local authorities, such as the theory of a free community, community (public) and public and state (the theory of municipal dualism), we can trace a number of characteristic features of a competency approach, which manifests itself both through the general theoretical relations and manifestations, and through the practice of coexistence of public authorities. There is a problem of definition and distribution of public functions as a prerequisite for defining and shaping the competences of public institutions. An important issue in the context of a competent approach is the institutional consolidation of functions in the context of the existence of the basic models of territorial organization of power. In each of the varieties of the Governance concept (Responsive Governance concept, Democratic Governance concept, Good Governance concept), the specifics of the use of competencies are defined. The archetypal symbols in the European public administration are singled out using the analysis of competence in public administration in its main constituents. A brief description of the archetypal aspect of European public administration is given. The main components of competence are shown in connection with the existing archetypal symbols and the characteristic trends of their development. Their connection is shown according to the scheme “the entity component (who?) — the object component (what?) — the administrative component (how?) — the basis (in what environment?)”. Concerning the trends of development of a competence approach in the context of practice and theory of public administration, it is determined that modern concepts of public administration are characterized by shifting the balance between state and public institutions to the sphere of common goals and tasks, and thus responsibility. The joint activity of all subjects of society requires new forms of cooperation, definition of the spheres and subjects of each entity’s activity for effective cooperation, distribution of functions and competences of the entities, formation and consolidation of their status characteristics.

Current state of activity of public governance bodies in the field of waste management

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  
◽  
Gavrylyuk Oleksandr ◽  
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Governance ◽  
Public Authorities ◽  
Administrative Functions ◽  
Current State ◽  
The Status ◽  
Management Functions ◽  
Waste Handling

The article is devoted to the study of the activities of public administration authorities in the field of legal waste handling. Normative legal acts are analyzed, scientific opinions on the important role of administrative authorities are presented, the role of administrative law in the researched sphere is emphasized. It is proved that the regulation of relations in the field of waste handling is impossible without a system of public administration entities, which in accordance with laws and other regulations, within their competence are designed to solve the tasks of the state. It is identified that in addition to the executive authorities, other subjects of administrative law that do not belong to public authorities can have certain administrative functions in the field of waste handling. They can be legal entities and collective entities that have the status of a legal entity. In some cases, regulations may provide for the involvement of individuals of private law to implement management functions in the field of waste handling. Keywords: entities, public administration, waste, activity, normative legal acts

scholarly journals The Principle Of Legality, Principle Of Public Law

2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
The Social ◽  
Social Balance ◽  
The Moment ◽  
Principle Of Legality

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.

scholarly journals Administrative and legal characterization of the activity of bodies of the state executive service as subjects of public administration

1970 ◽  
pp. 160-163
Author(s):  
Oksana Romanovska
Keyword(s):  
Public Administration ◽  
The State ◽  
Professional Activity ◽  
Legal Doctrine ◽  
Dynamic Component ◽  
Definition Of ◽  
The Right

The author explores rather relevant and debatable issues concerning the essence of administrative and legal support of the activity of the state executive service of Ukraine and formulates its main features, which define the continuous professional activity of the subjects of public administration; use of administrative remedies and methods; the purpose is to create the right conditions for the effective exercise, protection, protection and restoration of the rights and freedoms of citizens. To this end, it is proved that the activity of public administration entities of their officials and officials, public associations, which with the help of appropriate guarantees should create the proper conditions for the exercise of the rights and freedoms of citizens, prevent and prevent their violation and restore them when necessary (to prosecute violators). The author's definition of "security" is formulated in terms of administrative and legal doctrine as the activity of public administration entities, which with the help of appropriate guarantees should create the proper conditions for the exercise of the rights and freedoms of citizens. In accordance with the interpretation, it is appropriate to note that the state guarantees provided by the state are a statistical component of the concept of "security", and the proper activity of public administration entities is a dynamic component of the phenomenon of "security". By "legal support" it is necessary to mean the activity of public administration subjects of their officials and officials, public associations, which with the help of appropriate guarantees should create the proper conditions for the exercise of citizens' rights and freedoms, prevent and prevent their violation and restore them if necessary (to prosecute violators). The category of "administrative and legal support" is justified as well - it is a continuous professional activity of subjects of public administration, which is carried out by means of administrative and legal means and methods aimed at creating the proper conditions for the effective exercise, protection, protection and restoration of the rights and freedoms of citizens.

scholarly journals Public interest in administrative law

2021 ◽  
pp. 37-40
Author(s):  
Mykhailo HALAI ◽  
Ihor KOSIAK
Keyword(s):  
Public Administration ◽  
Public Interest ◽  
Administrative Law ◽  
Public Authorities ◽  
Legal Proceedings ◽  
The Public ◽  
Private Interests ◽  
Domestic Legislation ◽  
Private And Public ◽  
Definition Of

Today the concept of “public interest” plays a significant role in public law. It would then be important to define the concept for better understanding and application in administrative law. The paper is devoted to the analysis of the definition of «public interest». The uncertainty of the concept in the legislation is noted. The questions of genesis of concept of «interest» in law; division of right into private and public; division of interest into private and public interest. Considered views on the definition of interest in law. The exercise of public interest by organs of public administration by issuing administrative acts is specified. The meaning of public interest has been defined. The role of public interest in the activities of public administration bodies has been established. The importance of balancing individual and collective interests was emphasized. The types of public interest are defined, and the concept of public interest in administrative law is enshrined in domestic legislation. The ambiguity of the legal acts defining the types of public interest that are laid down in the legislation is indicated. Special features of public interest have been formed. It is further stated that the public interest is the content of the legal relationship between citizens and the public administration. The importance of State guarantees for the possibility of realizing a public interest has been established. With the help of the powers of the local State administrations, signs of public interest were examined. It has been established that it is possible for public authorities to define the concept of public interest. The use of types of public interest in legal proceedings, the safeguarding and realization of public interest by administrative law and the importance of a legislative definition of public interest have been proved. The opinion defines the concept of public interest in administrative law as a set of private interests in administrative legal relations which (aggregate) It is provided by appropriate legal means and is implemented through executive administrative acts. In addition, the report indicates the main features of public interest.

ON DEFINITION OF THE CONCEPT OF PUBLIC ADMINISTRATION AS A SUBJECT AND AS A PROCESS

2017 ◽  
Author(s):  
Ihor Binko ◽  
Keyword(s):  
Public Administration ◽  
Organizational Structures ◽  
Executive Branch ◽  
Administrative Law ◽  
The State ◽  
State Budget ◽  
Public Power ◽  
Stage Of Development ◽  
The Government ◽  
Definition Of

The article attempts to differentiate between public administration as a subject of legal relations and as a relevant activity, a function that is inherent in it. It is stated that public administration as a separate legal institution within the framework of administrative law is at the stage of development in post-Soviet countries, including Ukraine, competing with theories and sciences of public administration, which a large number of experts recognize as inappropriate with modern public administration. and administration. At the same time, there is no unanimity of views, terminology is used, which has a double meaning. In the administrative law of Western European and North American countries, public administration is mainly defined as a set of bodies and institutions that exercise public power through the implementation of laws, regulations and other actions in the public interest. There are a large number of scientific definitions of public administration and public administration. The definition of "public administration" has the following closely related meanings - an integrated state apparatus (policies, rules, procedures, systems, organizational structures, staff, etc.), which is funded by the state budget and is responsible for managing and coordinating the executive branch and its interaction with other stakeholders in the state, society and the external environment; - management and implementation of various government measures related to the implementation of laws, regulations and decisions of the government and management related to the provision of public services. Thus, it would be logical to follow a structural approach, according to which public administration will be considered primarily as a set of state bodies and other public institutions designed to organize the effective functioning of society.

scholarly journals CONDITIONS FOR THE OCCURRENCE OF OBLIGATIONS TO COMPENSATE FOR DAMAGE CAUSED BY LAWFUL ACTIONS OF STATE BODIES, AS WELL AS THEIR OFFICIALS

THE BULLETIN ◽  
2021 ◽  
Vol 3 (391) ◽  
pp. 165-169
Author(s):  
Magomed Yakhyaevich Yakhyaev
Keyword(s):  
Scientific Literature ◽  
The State ◽  
Legal Analysis ◽  
Public Authorities ◽  
Public Interests ◽  
Scientific Methods ◽  
Existing Problems ◽  
General Scientific ◽  
The Right ◽  
Subjective Rights

Сhanges in civil legislation have created a separate type of tort obligations, in which the state compensates for damage caused to the person or property of a citizen or the property of a legal entity by lawful actions of public authorities. Along with the tort obligations that are well covered in the scientific literature, these issues concerning the lawful actions of the State that cause harm to citizens or legal entities are ignored. In the article, the author conducts a comparative legal analysis of the conditions for the emergence of obligations to compensate for damage caused by lawful actions of the state. The research is based on general scientific methods of cognition, as well as special legal ones (comparative legal, technical legal, formal legal). On the basis of the conducted research, the author draws conclusions about the legal nature of the obligations under study, and also makes an attempt to identify the existing problems of the emergence of obligations to compensate for damage caused by lawful actions of state bodies. The main problem of the study of obligations to compensate for harm is to determine the conditions of their occurrence, the characteristics of lawful harm caused by state bodies, leading to the emergence of obligations to compensate for harm. Obligations to compensate for rightfully caused harm are conditioned by the protection of subjective rights. These obligations exist for the purpose of compensation for the restoration of the right violated by the lawful actions of State bodies in the event that public interests prevail over personal ones. Examining tort obligations, as the most widely covered in the scientific literature, it was concluded that they are very similar to obligations for compensation for rightfully caused harm, and pursue the same goal: restoring the position of the injured person.

scholarly journals Public administration as a guarantee of human rights and freedoms in Ukraine

2020 ◽  
pp. 174-177
Author(s):  
Olena Oкhotnikova ◽  
Yaroslava Arbych
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Public Administration ◽  
International Experience ◽  
The State ◽  
Public Authorities ◽  
The People ◽  
Foreign Countries ◽  
Definition Of

One of the main guarantees of building a sovereign and independent, democratic, social, legal state is to ensure the rights andfreedoms of the people in it.The purpose of the article is to establish the role of public administration in ensuring human rights and freedoms, as well as todetermine the main directions of improving the mechanism of work of public authorities on this issue.The role of public administration in ensuring human rights and freedoms and the problem of the need to reform it in Ukraine arestudied in the article. A comparative analysis of the model of public administration using international experience has been done. Waysto improve the domestic model of public administration in ensuring human rights and freedoms based on the experience of Germanyare proposed.Nowadays, the issue of ensuring human rights and freedoms is relevant not only in Ukraine but also in international practice. Thekey actor in the sphere of public administration is the state, represented by public authorities, which carry out their administrative acti -vities aimed at ensuring human rights and freedoms. Not surprisingly, Article 3 of the Constitution of Ukraine enshrines the provisionthat human rights and freedoms and their guarantees determine the content and direction of the state. However, today public administrationin Ukraine is characterized by inefficiency and frequent violations of the law. The relevance of the topic of this study is due tothe need to improve the model of public administration in Ukraine, as a key activity of public authorities to ensure human rights andfreedoms.Analysis of the functioning of public administration to ensure human rights and freedoms should be carried out with the definitionof “public administration”, due to the fact that in the legal field there is no definition of this concept. In our opinion, the following definitionof public administration should be given – it is a set of organizational and legal components of the management of public autho -rities.So, today there is a question about the effectiveness of such activities in Ukraine. Therefore, public administration bodies, usingthe experience of foreign countries, must reform the modern model of public administration, which will fully ensure human rights andfreedoms and will be their guarantee.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.

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