scholarly journals SOME ASPECTS OF IMPLEMENTATION OF THE COMPETENCE OF THE AUTHORIZED DIVISION (AUTHORIZED PERSONS) ON PREVENTION AND DETECTION OF CORRUPTION

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 136-145
Author(s):  
О. Б. Піскунова
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Local Level ◽  
Scientific Review ◽  
Public Authorities ◽  
Basic Rights ◽  
High Level

The purpose of the article is that on the basis of the analysis of positions of scientists-administrators and norms of the current legislation it is necessary: first, to find out the meaning of the term competence in activity of public administration bodies issues of prevention and detection of corruption, secondly, to clarify the basic rights and responsibilities exercised by the authorized units (authorized persons) on the prevention and detection of corruption as part of the administrative and legal status of the latter. The relevance of the article is that one of the main problems associated with the high level of corruption in the activities of public authorities is the lack of effective departmental anti-corruption programs. The annual plans to prevent corruption in public authorities are mostly formal and reproduce the provisions of the relevant higher-level acts. The detection of corruption is virtually nullified, as there are no systems for detecting and analyzing the risks of corrupt procedures, and there is a neglect of the implementation of mechanisms for reporting suspicions of corruption and protecting those who report them. The article provides a scientific review. The article provides a scientific review of the positions of scientists on understanding the competence of public authorities. The competence of the authorized unit (s) to prevent and detect corruption is considered from the standpoint of the legally established possibility of implementing the set of rights assigned to the authorized units (authorized person), which contribute to the implementation of anti-corruption legislation in terms of prevention and detection. It is proved that the competence of the authorized unit (s) to prevent and detect corruption is a component of the administrative and legal status of the authorized unit (s) and ensures the implementation of the entire functional spectrum of prevention and detection of corruption at the local level. In order to clearly regulate the competence of the authorized unit (s) to prevent and detect corruption, the article draws attention to the need to make appropriate changes to both legislative and local regulations, which will contribute to the formation of a culture of unacceptable corruption.

scholarly journals SUBJECTS OF ADMINISTRATIVE AND LEGAL SUPPORT IDENTIFICATION OF CHILDREN SEPARATED WITH FAMILY IN UKRAINE

2020 ◽  
pp. 205-210
Author(s):  
А. М. Мамульчик
Keyword(s):  
Parental Care ◽  
Public Administration ◽  
Local Governments ◽  
Legal Status ◽  
Refugee Status ◽  
Public Authorities ◽  
Her Family ◽  
The Family ◽  
Additional Protection ◽  
The Status

The relevance of the article is that the granting of special status «child divorced from the family» in the Ukrainian legislation includes three aspects: 1) identification of a person who is a child separated from the family; 2) granting the status of «child deprived of parental care»; 3) it is possible to grant the status of “refugee” or “person in need of additional protection”, as any person recognized as a child divorced from a family is recognized as a child deprived of parental care and can apply for asylum in Ukraine (and receive refugee status or a person in need of additional protection). Each of the identified aspects of the above status is the responsibility of certain public authorities, ie public administration entities, which are endowed with the appropriate powers. The purpose of the article is to identify the subjects of administrative and legal support for the identification of children separated from their families, ie the subjects of public administration, which are empowered to identify such children in Ukraine. It was found that in fact, the identification of a child separated from the family at the present stage in Ukraine does not belong to the responsibilities of public administration, but is the responsibility of the child who was forced to leave the country of origin or residence and arrived in the territory of Ukraine unaccompanied by a family member or persons determined by law/custom who are responsible for such a person, or who were left unaccompanied after arriving on the territory of Ukraine, or its legal representatives. In our opinion, the absence in the legal acts that determine the legal status of public administration entities, whose activities include the identification of children separated from their families, their obligation to identify such children is a shortcoming of administrative and legal support for child status. , separated from her family, in Ukraine. It is determined that the subjects of public administration, which have the authority to identify children separated from their families, include the State Border Guard Service of Ukraine, executive authorities, local governments, the National Police of Ukraine, the Prosecutor’s Office of Ukraine.

scholarly journals FEATURES OF ADMINISTRATIVE AND LEGAL STATUS OF ADMINISTRATIVE COURTS AS SUBJECTS OF INTERACTION WITH PUBLIC ADMINISTRATION AUTHORITIES

2021 ◽  
Vol 1 (10) ◽  
pp. 70-74
Author(s):  
O. Gresko ◽  
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Public Law ◽  
Public Authorities ◽  
Territorial Jurisdiction ◽  
The Subject ◽  
Administrative Courts ◽  
Administrative Jurisdiction ◽  
Determining Factor ◽  
Court Process

The article is devoted to the analysis of general theoretical aspects of determining the administrative and legal status of administrative courts as subjects of interaction with public administration bodies. The basis of the study were modern scientific developments on the subject, as well as current national legislation. The article reveals the category of "status". The essence of the legal status as one of the varieties of the general status of the subject (person, authority, etc.) is analyzed. Scientific approaches to the administrative and legal status are analyzed. The current administrative and legal status of administrative courts in Ukraine is determined. It is concluded that the administrative and legal status of administrative courts is the legal status of administrative courts determined by the norms of administrative law, which consists of a set of elements, the determining factor among which is instance and territorial jurisdiction for public law disputes, one of the parties of which is a public authorities. It was found that among the features of the administrative and legal status of administrative courts as subjects of interaction with public administration authorities should be noted: 1) does not contain the traditional division of elements into rights, freedoms, responsibilities, and is answered only by the competence in the relevant jurisdiction; 2) administrative jurisdiction, according to current legislation, is differentiated into institutional and territorial; 3) is regulated not only by substantive but also by procedural rules of law; 4) consider cases of administrative jurisdiction, in which public administration authorities may act as one of the parties, and administrative courts may interact with these bodies outside the court process.

scholarly journals Public administration: essence and definition

2018 ◽  
Vol 6 (8) ◽  
pp. 35-41
Author(s):  
I. V. Al-Atti
Keyword(s):  
Public Administration ◽  
Public Support ◽  
State Power ◽  
Public Authorities ◽  
External Relations ◽  
Model Of Management ◽  
Common Goals ◽  
Democratic Principles ◽  
High Level ◽  
Social Affairs

The article outlines modern approaches to the concept of «public administration» and proved that the term «public» should not automatically be used instead of «state» in view of other material content. Public administration is a kind of socially useful activity carried out by a certain set of subjects, including bodies of state power, local self-government, etc. In this case, non-coercive mechanisms should be used more fully and manifest in external relations of executive authorities with other bodies of public authority, as well as by private persons.Under the influence of European integration, as a vector of Ukraine’s development, the experience of the EU countries in the management of social affairs becomes more important. In particular, scientific developments on public administration as a model of management of social affairs and the possibilities of adapting its elements in Ukrainian realities for further implementation of democratic principles of governance are updated.The article concludes that public administration is a kind of socially useful activity carried out by a certain set of subjects, including bodies of state power, local self-government, etc. In this case, non-coercive mechanisms should be used more fully (as opposed to «state administration», which is based on mechanisms of coercion of the subject of governance) and manifest in external relations of executive authorities with other public authorities as well as private persons.Public administration provides a significant increase in the efficiency of management activities due to the high level of public support and consolidation of society around common goals.

LOCAL SELF-GOVERNMENT AS A FORM OF PUBLIC ADMINISTRATION IN GEORGIA

2020 ◽  
pp. 150-155
Author(s):  
NANA RUSADZE ◽  
NIKO CHIKHLADZE ◽  
TAMAR NADIRADZE-GOGOLADZE
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Self Regulation ◽  
Executive Branch ◽  
The State ◽  
Public Governance ◽  
Public Authorities ◽  
Legal Model ◽  
High Level ◽  
Political Governance

Local self-government, as one of the most basic forms of the constitutional order, can be credible only in case of its practical coexistence with the public authorities. Local self-government, as a special form of people power, guarantees non-interference of the State in addressing local affairs. The constitutional-legal model of local self-government in Georgia is based on the renewal of democratic traditions of self-organization of the population and territorial self-government. This is primarily due to organizational specificities of local self-government. In addition, the constitutional norms establish a high level of independence of local self-government in addressing local affairs. However, the influence of the State at the level of local democracy persists in any case. In the current context, local self-government is an integral part of a unified system of public relations, which is organizationally, institutionally and functionally closely linked to other levels of public administration. We believe that a task of local self-government, unlike the pubic authorities, is not to try to regulate everything, but to coordinate and harmonize the governance «from above» and self-regulation «from below». In public administration there is a need to align people’s and the self-government’s interests. Public governance is intended to take into account the existing reality, to objectively assess the role and place various norms and carry out governance activities only on that basis. Nearly thirty years of experience in public-political governance in Georgia have demonstrated that in post-socialist Georgia, clearly, there is a gradual redistribution of power from the legislature to the executive branch. In addition, the country is witnessing a transformation in public-political governance.

scholarly journals Current problems of decentralization of public power in Ukraine: the information and communication aspects

2021 ◽  
pp. 227-235
Author(s):  
Tetiana Kostetska
Keyword(s):  
Public Administration ◽  
Information And Communication Technologies ◽  
Local Governments ◽  
Direct Democracy ◽  
Local Level ◽  
Information Policy ◽  
Public Authorities ◽  
Information And Communication ◽  
State And Local ◽  
Modern Mass

The topical issues of implementation of the new (second) stage of reforming local self-government and territorial organization of power are covered, among the main tasks of which is a clear delineation of powers and functions of control of government different levels, the development of forms of local direct democracy. The problematic issues, the solution of which will determine the achievement of the planned results of the implementation of decentralization and public administration reform, are indicated. In particular, this is the task of creating an effective, transparent, open and public administration structure using the latest information and communication technologies (e-government). The effectiveness of the researched processes depends on the strategy of the national information policy, its implementation on the ground, the implementation of information activities of local governments. The creation of an open information environment at the municipal level is the key issue. The norms of the current legislation as a legal basis for the information policy at the local level implementation are analyzed. Its shortcomings and ways to improve are designated. The communicative relations of public authorities, their interaction with individual institutions of civil society in order to expand the direct participation of citizens in addressing issues of both state and local importance are considered. The role and significance of modern mass media in the researched processes are covered separately. Emphasis is placed on the expediency of improving, modernizing the information activities of local governments, including in relations with the media.

Taxes of citizens in initiative budgeting

2021 ◽  
Author(s):  
Vladimir Vagin ◽  
Milyausha Pinskaya ◽  
Nadezhda Gavrilova ◽  
Natal'ya Shapovalova
Keyword(s):  
Graduate Students ◽  
Public Administration ◽  
Local Level ◽  
Training System ◽  
Advanced Training ◽  
Promising Practices ◽  
Public Authorities ◽  
Analysis And Evaluation ◽  
Positive Effects ◽  
Local Taxes

The monograph is devoted to the analysis and evaluation of the productivity of the methodology of initiative budgeting in relation to taxation. The ways of involving citizens in public administration and budget decisions formed in Russian and foreign studies are revealed. It is shown that one of the promising practices of initiative budgeting can be the participation of citizens in decisions on the direction of part of the expenditures of local budgets for co-financing projects of initiative budgeting. It is revealed that additional positive effects arise in the form of increased motivation for collecting local taxes and fees and an overall increase in the volume of revenues from local taxes and fees. Thus, there is a productive integration of the methodology of initiative budgeting and tax policy at the local level. It is addressed to economists, lawyers, managers, managers and specialists of federal public authorities, as well as teachers, graduate students and students of economic and law universities and faculties, students of the advanced training system.

DIFFICULTIES AND RISKS IN THE INTERVENTION OF THE STAFF EMPLOYED WITHIN THE SOCIAL ASSISTANCE DEPARTMENTS OF THE LOCAL PUBLIC ADMINISTRATION

2020 ◽  
Vol 13 (2) ◽  
Author(s):  
Sorina Corman
Keyword(s):  
Social Work ◽  
Public Administration ◽  
Social Services ◽  
Local Level ◽  
Social Assistance ◽  
Social Needs ◽  
Three Dimensions ◽  
Public Authorities ◽  
Social Actors ◽  
The Social

This article is part of a larger study that intended to diagnose the needs and the resources of social assistance structures within local public authorities. The specific objectives of the study are: The Identification of the social actors involved in the providing of social services and in the providing of social work benefits at local level (communes, cities, municipalities); A Radiography of the situation of social work structures at local level from the perspective of development and efficiency; The Identification of locally signed partnerships from the perspective of development and efficiency; The Elaboration of directions for the development of social work systems at local level considering the research results. This article presents the difficulties and the risks in the intervention of the staff employed within the Social Work Departments of the local public administration, as presented by the employees of these structures. It is a triangulated study made between January and December 2019 and presents the results of the interviews with 20 employees of social work departments. The results are structured in three dimensions: the difficulties related to the performance of the social work departments; the difficulties encountered in setting up or providing social work services/benefits and the mechanisms for overcoming them; the social needs identified at community level.

scholarly journals General Principles of Anti-Corruption in V4 Visegrad Countries: Experience of Hungary

2020 ◽  
Vol 77 (2) ◽  
pp. 126-132
Author(s):  
В. С. Макаренко
Keyword(s):  
Public Administration ◽  
Public Procurement ◽  
Local Level ◽  
Significant Risk ◽  
Sociological Research ◽  
Willingness To Participate ◽  
The European Union ◽  
State Organizations ◽  
Hungarian State ◽  
High Level

Corruption in Hungary poses a significant risk to business, especially in the tax administration and public procurement sectors, which suffer from its high level. The public procurement process and the tendering process are insufficiently protected from irregularities at the local level due to strong informal relations between business and representatives of government at the local level. Public opinion polls on general and specific corruption issues show that a third of Hungarians consider corruption and abuse of power to be widespread in Hungary’s public administration system. The purpose of this article is to clarify the origins of the formation and to study general experience in implementing activities aimed at preventing and combating corruption in one of the countries of V4 Visegrad Group – Hungary, a neighbor of Ukraine, post-socialist country and member of the European Union since 2004, as well as to analyze its results and the possibility of implementing certain provisions into national legal system. The author has clarified the place of Hungary and Ukraine in the world rankings as the result of the study, in particular in the Corruption Perceptions Index. The author has studied the data of sociological research conducted in Hungary to identify the most corrupt areas of public life, to determine the attitude of the population to the level of corruption and willingness to participate in its reduction, as well as to summarize the factors that led to such results. The activities of certain Hungarian state organizations that directly or indirectly prevent and combat corruption, including the Ombudsman, the State Audit Office and the National Defense Service of Hungary, have been considered. The legal basis for the implementation of anti-corruption policy from international acts to the National Program for the Prevention of Corruption in Public Administration has been determined. The author has made an attempt to summarize the reasons for the decrease in the level of effectiveness of the implementation of the anti-corruption strategy and recommendations aimed at improving its effectiveness.

scholarly journals GENERAL CHARACTERISTICS OF THE POWERS AND COMPETENCIES OF PUBLIC AUTHORITIES EXERCISING PUBLIC ADMINISTRATION IN THE FIELD OF AIR PROTECTION

2021 ◽  
Vol 1 (10) ◽  
pp. 84-88
Author(s):  
I. Rubtsova ◽  
Keyword(s):  
Air Pollution ◽  
Public Administration ◽  
Local Governments ◽  
Legal Status ◽  
General Description ◽  
Public Authorities ◽  
General Competence ◽  
Living Organisms ◽  
The Right ◽  
Special Competence

This article provides a general description of the powers and competencies of public authorities exercising public administration in the field of air protection. Atmospheric air is proposed to mean an element of the natural environment, which is an invisible mixture of gases within the territory of Ukraine and contains vital chemicals and compounds necessary for the existence of living organisms. It is determined that the subjects of public administration in the field of air protection are the system of bodies of general and special competence, which exercise public administration powers to restore, preserve, ensure air quality and ensure the right of citizens to air, and take the necessary measures. to reduce the incidence of air pollution due to air pollution. The subjects of public administration in the field of air protection are proposed to be divided into two groups: 1. subjects of general competence (Verkhovna Rada of Ukraine, President of Ukraine, National Security and Defense Council of Ukraine) and 2. subjects of special competence (Cabinet of Ministers of Ukraine) (Government of Ukraine), Ministry of Environmental Protection and Natural Resources of Ukraine, State Ecological Inspectorate of Ukraine, Ministry of Health of Ukraine, local state administrations and local governments). Based on the analysis of legislative and by-laws, which determine their administrative and legal status in general, the powers of these entities in the field of air protection are highlighted. Emphasis is placed on the special tasks of these actors in order to preserve the health of the nation.

scholarly journals ANTHROPOLOGIZATION AND ANTHROPOCENTRISM IN CONSTITUTIONAL LAW AS A BASIC TREND OF DEVELOPMENT AND IMPROVEMENT OF THE CONSTITUTIONAL LEGAL STATUS OF PERSON, PERSONALITY AND CITIZEN

2021 ◽  
Vol 2 (5) ◽  
pp. 75-93
Author(s):  
I.I. Boychenko ◽  
V. V. Humeniuk ◽  
V. О. Boyarsky
Keyword(s):  
Public Administration ◽  
Constitutional Law ◽  
Legal Status ◽  
Local Level ◽  
The State ◽  
Real Relationship ◽  
Level Of Functioning ◽  
Methodological Approaches ◽  
Relationship Of ◽  
Rule Making

The article examines the trends of anthropologization and anthropocentrism in constitutional law, which act as a fundamental trend in the development and improvement of the constitutional and legal status of man, individual and citizen. Emphasis is placed on the importance of these trends through their assistance to the state in meeting the intentions, aspirations, needs, interests, attitudes of man, manifested at the local level of functioning of state-organized society, within the territorial community, in local government and in everyday life through establishment, development and improvement of the constitutional and legal status of a person (individual) and a citizen. It is argued that in the process of implementing the trends of anthropologization and anthropocentrism in constitutional law, the state applies a number of methodological approaches to man (personality) through the development, formation, legalization, application, protection, protection, guarantee and implementation of its constitutional status, namely: a) the constitutional and legal status of a person (individual) and a citizen organically passes into the municipal legal status of a person (individual) and is realized through the phenomenology of municipal human rights; b) an individual approach to each person (personality) that exists and functions in the territory of the state is possible in the praxeological sense – only under conditions of public self-government (municipal) power and the application of municipal legal status of a person (individual); c) the adjustment of public administration and state rule-making should take into account the above paradigmatic guidelines. It is proved that the basis of these trends in constitutional law is the philosophical maxim "man is the measure of all things", which is transformed into a paradigm of management and rule-making activities of the state through the establishment of appropriate constitutional status of man (person) and citizen (including other legal states), foreignness, statelessness, refugees, etc.), which determines the essential aspects of human- state interaction, as well as demonstrates the real relationship of the state to man.

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