scholarly journals THE CONCEPT AND SIGNS OF METHODS OF IMPLEMENTATION OF THE ADMINISTRATIVE AND LEGAL MECHANISM OF FORMATION AND IMPLEMENTATION OF THE STATE WEAPONS POLICIES IN UKRAINE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 175-182
Author(s):  
Т. А. Шумейко
Keyword(s):  
Law Enforcement ◽  
State Policy ◽  
Public Law ◽  
The State ◽  
Scientific Article ◽  
Mechanism Of Formation ◽  
The Public ◽  
Modern Methods ◽  
Definition Of ◽  
Legal Mechanism

The purpose of the scientific article is to clarify the essence of modern methods of implementation of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine. This goal can be achieved by performing the following tasks: 1) to clarify the approaches of lawyers-administrators to understand the concept of "methods"; 2) outline the special features of the studied methods; 3) to formulate the definition of the concept "methods of implementation of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine"; 4) summarize the results of the study. The article is devoted to clarifying the complex essence of modern methods of implementation of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine. The studied methods are interpreted as provided by law a set of volitional techniques (methods, means) used within the forms of implementation of the specified administrative and legal mechanism by its subjects (within their powers) to solve a set of tasks and achieve state policy of formation and implementation of state policies in the field of arms circulation in Ukraine. The opinion is substantiated, according to which the methods of realization of the administrative-legal mechanism of formation and realization of the state policy in the sphere of arms circulation are characterized by the fact that they: are special conscious ways (receptions, means) of achievement of the purpose, the decision of tasks and realization of functions of the administrative-legal mechanism. implementation of state policy in the field of arms circulation; are manifested in the forms of implementation of this administrative and legal mechanism through the subjects, objects of such a mechanism; reflect the public interest in the field of arms trafficking; apply to all participants (potential participants) of public-law relations on the formation and implementation of state policy in the field of arms circulation in the state, as well as to the personnel of the subjects of power; in essence, cover the methods of law enforcement and management methods (methods of persuasion, coercion, control and supervision). The conclusions to the article summarize the results of the study.

scholarly journals THE STATUTORY DEFINITION OF GIFT VALUE AS A “FILTER” FOR EFFECTIVE STATE POLICY IN THE PUBLIC SERVICE

2019 ◽  
Vol 4 (5) ◽  
pp. 122
Author(s):  
Tatiana Kolomoets ◽  
Nataliia Halitsyna ◽  
Serhii Kushnir
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
State Policy ◽  
The State ◽  
The Public ◽  
Public Servant ◽  
The Gift ◽  
Symbolic Value ◽  
Definition Of

The paper substantiates the importance of standardization of gift’s “value feature” for a public person as a reliable “filter” for eliminating threats for effective implementation of the state policy in the public service. Methodology. The analysis of regulatory and law enforcement experience of different countries allowed distinguishing three basic regulatory models of “gift relations” in the public service – prohibitive, permissive, and mixed. Clarification of the essence of each of them led to the conclusion on the expediency to choose the mixed model as an optimal alternative for an effective counteraction to the unlawful, non-purpose use of gift resource in the public service under the conditions of modern reformation state-building and law-enforcement processes. This model due to a simultaneous regulation of the principles of “prohibitive gift” relations, “permissive gift” relations envisages determination of the limits for possible reception of other gifts by public servants. It ensures elimination of the prerequisites as for waking “gift relations” in the public service, so for unreasonable use of the gift as a source for enrichment, encouragement means, and “instrument for influence” on the professional official activity of a public servant. Results. A unique character of the gift in the public-official relations is caused, first of all, by its trifling “symbolic” value. Due to this fact it can be considered as a “symbolic manifestation” of respect, gratitude to a public servant for his competent, honourable, lawful professional official activity. Its symbolic “value feature” is its central feature that causes the need for its obligatory complete regulatory determination. On the basis of the comparative legal analysis of rule-making and law-enforcement experience of different countries, a number of basic approaches to the definition of “value feature” of a gift are distinguished (in a completely determined amount, in a multiple of the guaranteed rates established by the state, in a multiple to the salary of a public servant, in a generalized form without any quantitative indicators and with the list of possible external forms of gift’s manifestation etc.), and it is justified the feasibility of its binding to a certain number of the national currency (“solid”, “constant” indicator). Practical implications. Standardisation of this gift feature along with others which carry out an additional role (frequency of reception and source) should be at the level of the basic legislative act, which consolidates principles of “gift relations” in the sphere of public service in its entirety. Taking into account the importance of this gift feature, any sub-legislative “alternative” in relation to the determination of gift value can’t exist eliminating the grounds for a controversial nature of regulation of relevant relations. Value/originality. It will help to unify the regulatory standards for using gift’s resource in the public service as a whole, regulatory “filtering” effectiveness of the implementation of public policy in the sphere of public service as a whole.

scholarly journals Representative function of the public prosecutor`s office: defects of legislation

2019 ◽  
pp. 164-175
Author(s):  
M. Stefanchuk
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
The State ◽  
Public Prosecutor ◽  
The Public ◽  
Legislative Regulation ◽  
Legitimate Interests ◽  
Definition Of ◽  
Social Importance ◽  
Representative Function

The current legislative regulation of the representative function of the prosecutor’s office in Ukraine contains a number of defects, which leads to a decrease in the effectiveness of law enforcement activities and the level of protection of the rights, freedoms and legitimate interests of participants of legal relations, and therefore the social importance of the prosecutor’s office activities outside the sphere of criminal justice in Ukraine. In such circumstances, there is a scientific discourse on the feasibility of retaining the powers of the prosecutor’s office outside the sphere of criminal justice in Ukraine, since the society seeks not for process for the sake of process, but for the result, which necessitates the scientific investigation of these defects in order to eliminate their consequences in law enforcement. The purpose of the article is to analyze the legislative regulation of the prosecutor’s office outside the sphere of criminal justice in Ukraine and the practice of its application in order to identify the defects of the legislation in this field, presenting their own vision on the prospects of legal support of the prosecutor’s office in this area in accordance with the needs and resources of society, as well as introduction proposals to remedy legislative defects in order to improve its enforcement. It is established that the legislative regulation of the representative function of the prosecutor’s office contains several defects, including: the declarative nature of the powers of the prosecutor, by which he is empowered in the process of exercising the representative function, especially in the pre-trial form of its implementation; appraisal terms in the legislative regulation of relations in a particular area, such as «state interests» and «exceptional cases»; the mismatch between the language structure and the content that the legislator sought to reflect in law, the manifestation of which is the definition of the object of the public prosecutor’s office of the «interest of the state», which in some cases is understood by the jurisdictions as a public authority and distorts the defined mission of the prosecutor’s office outside the criminal justice system at the level of the European institutions; the collisions in the legislative regulation of the representative function of the prosecutor’s office, which cause legal uncertainty as to the extent of the prosecutor’s powers in its implementation; the absence of a legislative conceptual vision of the public prosecutor’s office powers outside the criminal justice sphere. It is suggested that the basis for eliminating these defects in the legislation should be the necessity to change the conceptual model of prosecutor’s activity outside the sphere of criminal justice. The main elements of this model should be the clarification of the grounds for giving the prosecutor’s office guaranteed, not declarative powers outside the sphere of criminal justice, determined by the task of protecting human rights and freedoms, the general interests of society and the state. It is clarified the author’s vision of the elimination of defects in the legislative regulation of the representative function of the prosecutor’s office in Ukraine and the prospects for further scientific investigations in this field are outlined.

scholarly journals STRUCTURE OF THE ADMINISTRATIVE AND LEGAL MECHANISM OF FORMATION AND IMPLEMENTATION OF STATE POLICY IN THE FIELD OF WEAPONS IN UKRAINE

2020 ◽  
pp. 294-301
Author(s):  
Т. А. Шумейко
Keyword(s):  
State Policy ◽  
Policy Formation ◽  
The State ◽  
Structural Elements ◽  
Conceptual Level ◽  
Mechanism Of Formation ◽  
Dynamic Nature ◽  
Implementation Level ◽  
Legal Mechanism ◽  
Comprehensive Study

The purpose of the article is to study the structure of the administrative and legal mechanism of formation and implementation of state policy in the field of arms circulation in Ukraine. This goal will be achieved by performing the following tasks: 1) based on the analysis of scientific approaches of domestic scientists to interpret the structure of the legal mechanism, outline the structure of the administrative and legal mechanism of formation and implementation of state policy in arms in Ukraine; 2) to analyze the structural elements of the studied administrative and legal mechanism; 3) summarize the results of the study. The article focuses on a comprehensive study of the administrative-legal mechanism current structure for the state policy formation and implementation in the field of arms circulation in modern Ukraine. Based on the systemic and static-dynamic interpretive approaches to the identification of the legal mechanism structure, the author comes to the conclusion that the system of the investigated mechanism consists of elements of a relatively static and dynamic nature. The structural elements of the administrative-legal mechanism for the formation and implementation of state policy in this area, which have a relatively static manifestation, are divided into structural elements of the ideologically conceptual level (the doctrine of administrative law of Ukraine, legal culture); structural elements of the ideological and fundamental level (identical to the principles of formation and implementation of state policy in the field of weapons circulation); structural elements of the regulatory level (legislative acts and other acts of parliament, the norms of which relate to issues of arms circulation; bylaws, the norms of which regulate various aspects of weapons turnover in Ukraine); structural elements of the institutional and democratic level (state authorities and civil society entities involved in the relevant state policy formation and implementation); structural elements of the administrative legislation norms implementation level acts on the weapons circulation in Ukraine. The structural elements of the administrative and legal mechanism for the formation and implementation of state policy in the field of arms turnover have a dynamic manifestation and are recognized as follows: the entities’ activities of the state policy formation and/or implementation in the field of arms circulation; administrative and legal and other relations in the sphere of arms circulation; procedures for the formation and/or implementation of state policy in the field of weapons turnover. The conclusions to the article summarize the results of the study.

DEFINITION OF THE PUBLIC SECURITY AND ORDERLINESS ENSURING MECHANISM IN UKRAINE

2018 ◽  
Vol 1 (12) ◽  
pp. 155-163
Author(s):  
Marina Aleksandrovna Kalievskaya
Keyword(s):  
Human Rights ◽  
Development Strategy ◽  
State Policy ◽  
The State ◽  
Point Of View ◽  
Public Security ◽  
The Public ◽  
National Priority ◽  
Protection Of Human Rights ◽  
Definition Of

In this article, a model of the mechanism of ensuring public security and orderliness in accordance with the principles and tasks of the relevant institutions in public administration, taking into account resources, technologies, measures for the state policy implementation in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order. It was found that ensuring public security and order in Ukraine is a mechanism for the implementation of national goals of state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, by defining tasks according to certain principles. The idea is that if one considers the state policy in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order as a national priority (purpose, task), then the mechanism of ensuring public security and order in Ukraine needs coordination with the state development strategy. From the point of view of the implementation of the state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, the mechanism of ensuring public security and order in Ukraine can be considered as the main system providing interconnection such elements as institutions (implementing the specified state policy), resources (human resources, logistical, natural and so on, with the help of which it is possible to implement state policy), technologies (skills, knowledge, means and so on the implementation of state policy), measures (action plans), as well as external (internal) threats.

scholarly journals Pengaruh Pendapatan Asli Daerah (PAD) dan Karakteristik Pemerintah Daerah terhadap Kinerja Keuangan Pemerintah Daerah Kabupaten/Kota Propinsi Papua

2020 ◽  
Vol 5 (1) ◽  
pp. 26-42
Author(s):  
Mercy Irene Christine Siregar
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Public Law ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Existing Problems ◽  
Definition Of ◽  
The Impact ◽  
Insight Into

This study aims (1) to identify and analyze the definition of corruption, (2) to identify and analyze the causes of corruption, (3) to the impact of corruption, (4) to prevent and eradicate corruption. The benefits of research are (1) the theoretical use of developing and expressing objectively in overcoming existing problems, especially those related to aspects of corruption, (2) providing insight into information for the public, law enforcement agencies and other parties on the performance of the local government of the regency / city of Jayapura.

DEFINITION OF THE PUBLIC SECURITY AND ORDERLINESS ENSURING MECHANISM IN UKRAINE

2018 ◽  
Vol 1 (11) ◽  
pp. 155-163
Author(s):  
Marina Aleksandrovna Kalievskaya
Keyword(s):  
Human Rights ◽  
Development Strategy ◽  
State Policy ◽  
The State ◽  
Point Of View ◽  
Public Security ◽  
National Priority ◽  
Institu Tions ◽  
Protection Of Human Rights ◽  
Definition Of

In this article, a model of the mechanism of ensuring public security and orderliness in accordance with the principles and tasks of the relevant institu- tions in public administration, taking into account resources, technologies, mea- sures for the state policy implementation in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order. It was found that ensuring public security and order in Ukraine is a mechanism for the implementation of national goals of state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, by defining tasks according to certain principles. The idea is that if one considers the state policy in the spheres of ensuring the protec- tion of human rights and freedoms, the interests of society and the state, combat- ing crime, maintaining public security and order as a national priority (purpose, task), then the mechanism of ensuring public security and order in Ukraine needs coordination with the state development strategy. From the point of view of the implementation of the state policy in the areas of ensuring the protection of hu- man rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, the mechanism of ensuring public security and order in Ukraine can be considered as the main system providing intercon- nection such elements as institutions (implementing the specified state policy), resources (human resources, logistical, natural and so on, with the help of which it is possible to implement state policy), technologies (skills, knowledge, means and so on the implementation of state policy), measures (action plans), as well as external (internal) threats.

Jainism in Danger? Temple entry and the rhetoric of religion and reform in post-colonial India

2020 ◽  
pp. 1-37
Author(s):  
MANISHA SETHI
Keyword(s):  
Twentieth Century ◽  
The State ◽  
The Other ◽  
Post Colonial ◽  
Colonial India ◽  
The Public ◽  
Public Debates ◽  
Definition Of ◽  
Open The Doors ◽  
The Relationship

Abstract A bitter debate broke out in the Digambar Jain community in the middle of the twentieth century following the passage of the Bombay Harijan Temple Entry Act in 1947, which continued until well after the promulgation of the Untouchability (Offences) Act 1955. These laws included Jains in the definition of ‘Hindu’, and thus threw open the doors of Jain temples to formerly Untouchable castes. In the eyes of its Jain opponents, this was a frontal and terrible assault on the integrity and sanctity of the Jain dharma. Those who called themselves reformists, on the other hand, insisted on the closeness between Jainism and Hinduism. Temple entry laws and the public debates over caste became occasions for the Jains not only to examine their distance—or closeness—to Hinduism, but also the relationship between their community and the state, which came to be imagined as predominantly Hindu. This article, by focusing on the Jains and this forgotten episode, hopes to illuminate the civilizational categories underlying state practices and the fraught relationship between nationalism and minorities.

IMPROVEMENT OF MECHANISMS OF PUBLIC POLICY IMPLEMENTATION IN THE SOCIO-HUMANITARIAN SPHERE

2018 ◽  
Author(s):  
Andrii Moisiiakha ◽  
Keyword(s):  
Public Policy ◽  
Policy Implementation ◽  
Public Administration ◽  
State Policy ◽  
The State ◽  
Practical Implementation ◽  
Humanitarian Mission ◽  
Legal Nature ◽  
Public Policy Implementation ◽  
Definition Of

The article is devoted to the problems of finding ways to improve the mechanisms of implementation of state policy in the socio-humanitarian sphere. The purpose of this article is to identify areas for improvement of mechanisms for implementing public policy in the socio-humanitarian sphere, taking into account the needs of their unification within a single approach to the organization of social processes in the analyzed area. Achieving this goal has provided solutions to more practical problems: the development of goals, objectives, areas of state policy in the socio-humanitarian sphere, as well as organizational and legal support for its implementation. All this together will allow to introduce quite detailed algorithms and tools for managing the socio-humanitarian development of Ukraine and to quickly and effectively overcome the negative risks that arise in it. The content, essence and state-legal nature of mechanisms of public administration, as a set of ways and tools of practical realization of state policy are revealed. The analysis of modern approaches to understanding the essence of mechanisms of public administration is carried out. The author's definition of the mechanism of public administration in the socio-humanitarian sphere is offered. The content and essence of state policy in the socio-humanitarian sphere are revealed. The conclusion concerning the basic determinants and features of its development is made. Approaches to the formation of mechanisms for the implementation of state policy in the socio-humanitarian sphere are generalized. The need to further unify approaches to the implementation of such public policy in different sectors of the socio-humanitarian sphere has been proved. The main directions of improvement of mechanisms of its realization are allocated. The mechanism of state policy implementation in the socio-humanitarian sphere is defined as a set of nonlinear sets of tools and methods of state influence, which is implemented through appropriate management decisions (a set of measures as components of state policy) to develop the rights and interests of citizens and practical implementation. guarantees of the state in the fields of education, health care, social security, as well as others covered by the humanitarian mission of the state and able to influence the formation of productive forces, human, intellectual and social capital in society.

A Strategic Choice: The State Policy Requirement in Core International Crimes

2015 ◽  
Vol 28 (4) ◽  
pp. 953-975 ◽  
Author(s):  
ATHANASIOS CHOULIARAS
Keyword(s):  
Criminal Law ◽  
State Policy ◽  
International Criminal ◽  
Criminal Policy ◽  
The State ◽  
International Criminal Law ◽  
Controversial Issues ◽  
Policy Perspective ◽  
International Crimes ◽  
Definition Of

AbstractThe article focuses on one of the most intriguing and, at the same time, controversial issues of international criminal law: whether the state policy requirement should be considered as a constitutive element in core international crimes. Adopting a criminal policy perspective, my intention is to contribute to the ongoing discussion by offering a doctrinal and criminological corroboration of the position that answers in the affirmative. Nevertheless, I am not necessarily promoting a normative choice entailing the amendment of the definition of core international crimes, but I rather call for a policy choice of focusing on cases that presume a state policy component.

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