scholarly journals PUBLIC ADMINISTRATION INDEPENDENCE OF JUDGES IN UKRAINE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 146-151
Author(s):  
В. В. Ріхтер

The Constitution of Ukraine contains mandatory requirements that a person applying for the position of a judge must meet. Given that the judiciary is the judiciary, whose activities are related to the restoration of violated rights, these functions can be performed only by persons who meet all the requirements established by the Basic Law and regulations governing the social status of judges in Ukraine. However, recalling the requirements for judges, the principle of ensuring the independence of judges in Ukraine should also be disclosed. The purpose of the article is to reveal the public administration of ensuring the independence of judges in Ukraine on the basis of a comprehensive analysis of regulatory frameworks, conceptual ideas and scientific positions. The article stipulates that in order to properly ensure the independence of judges it is necessary to carry out effective, optimal, comprehensive public administration, which by its nature in this area is to exercise power and organizational and support activities of public administration in a special way to protect legal status, immunity and professional interests of a judge, which constitute his independence in legal relations. It was found that the independence of a judge is a special, intra-judicial state of protection and independence of a judge, which is regulated by law and consists in determining the legal status of a judge regarding his professional immunity and immutability, creating conditions for ensuring a judge's professional activity. and other factors that may adversely affect professional activity. It was emphasized that the state of the domestic judicial system, in particular the observance of the principle of independence of judges, has long passed into the category of problems that are of particular concern to Ukrainian society. No one doubts the need to rectify this problematic situation, but all the measures taken, including the implementation of the relevant tasks of judicial reform, have not yet had a significant impact on ensuring the real independence of judges.

2020 ◽  
Vol 45 (2) ◽  
pp. 161-167
Author(s):  
Yuliia Hurtova

The article analyzes the possibilities of interpreting the professional activity of judges as a kind of public service in public administration practice in Ukraine. Approaches to the interpretation of the public service and its types are analyzed. Arguments about the peculiarities of official relations in the judiciary are presented. The author substantiates the position that the judicial service is not sufficiently institutionalized. Obviously, there is a mix of different shades of service, there is a combination of official and state relations. It is emphasized that the professional activity of judges is carried out in the authorities, is paid at the expense of public funds, the content of the activity consists of the performance of tasks and functions of the state. This category of persons requires a basic law on public service in Ukraine. According to the author, the service in the judicial authorities (in this case we are talking about judges), which has its specific goals, tasks, functions, is of a public nature, should have its legal basis and be called a service in a public judicial position.


2020 ◽  
Vol 22 (4) ◽  
pp. 82-118
Author(s):  
YANA TOOM ◽  
◽  
VALENTINA V. KOMLEVA ◽  

The article studies the main stages and features of the evolution of the public administration system in the Republic of Estonia after 1992. This paper presents brief geographical and socio-economic characteristics that largely determine the development of the country’s public administration. The evolution of the institution of the presidency, executive, and legislative powers are considered. The role of parliament and mechanisms for coordinating the interests of different groups of the population for the development of the country is especially emphasized. The authors analyze the state and administrative reforms of recent years, which were aimed at improving the quality of services provided to the population, increasing the competitiveness of different parts of Estonia, as well as optimizing public spending and management structure. The introduction of digital technologies into the sphere of public administration, healthcare, education, and the social sphere is of a notable place. Such phenomena as e-residency, e-federation, and other digital projects are considered. The development of a digital system of interstate interaction between Estonia and Finland made it possible to create the world’s first e-federation, and the digitization of all strategically important information and its transfer to cloud storage speaks of the creation of the world’s first e-residency, a special residence of data outside the country’s borders to ensure digital continuity and statehood in the event of critical malfunctions or external threats.


Author(s):  
N. Kalashnyk

Problem setting. The COVID-19 pandemic, global quarantine, quarantine restrictions created the conditions for society to react quickly. Digital technologies are now being used more intensively, and the public administration sector is no exception. At the same time, the country's development requires systematic strategic and tactical decisions that will accelerate the introduction of modern digital technologies in all spheres of Ukrainian society, also forming and implementation of public policy at various levels of government. The analysis of recent researches and publications. Problems of digital society are studied by such Ukrainian scientists as O. Klepanchuk, O. Petryk, S. Lisovsky, S. Romanyuk, L. Rudenko (the emphasis – achieving by Ukraine the goals of sustainable development, where the development of the digital society is considered as one of the tools); issues of implementation of e-government and e-democracy are studied by A. Emelyanova, S. Loboyko, O. Maevska, A. Semenchenko, V. Dreshpak; research on the implementation of public policy in a particular area, including in the field of justice and the provision of administrative services, are among the research interests of Y. Starylov, J. Sobko, I. Markvych and others. Among foreign researchers, these issues are being investigated by C. Emmanuelli, N. Jain, N. Maechler, D. Malfara etc. Highlighting previously unsettled parts of the general problem: the main contradictions, trends, problems and prospects for the provision of digital public services, based on the conditions created by the COVID-19 pandemic, namely – the application of quarantine restrictions; influence of digitalization on the public policy forming in Ukraine. Paper main body. The article analyzes the problems inherent in modern Ukrainian society in connection with the rapid digitalization processes, that have taken place over the past year. The influence of digitalization on the forming and implementation of public policy is considered on the example of the activity of the Ministry of justice of Ukraine. Based on the results of a survey of civil servants and local government officials conducted by the author, the main trends, problems and prospects for providing public services online are identified. 2020 turned out to be the crisis year for all mankind on the one hand, and on the other hand – it encouraged the rapid development of certain industries, including the field of digital transformation. In public administration, this has been embodied in promoting the use of digital services and governance platforms. In the direction of forming and implementation of justice state policy main efforts are aimed at building online interaction between citizens and the state, reducing the number of paper documents, more efficient administration of open state registers, ensuring control at each step of citizens' appeals, reducing corruption risks. minimization of the human factor in the processes of providing administrative services. The author conducted the survey among students of the Lviv Regional Institute for Public Administration of the National Academy for Public Administration under the President of Ukraine on the provision of administrative services online. 66 applicants from eight regions of Ukraine were involved in the survey. The question was asked: what hinders the development of administrative services online? Among the answers, the most common are (in order from most popular to least): low technical literacy of service consumers; technical unpreparedness of networks;  unpreparedness of the citizens; unpreparedness of officials; insecurity of the information processed; lack of habit to use online;   distrust to the state. Conclusions of the research and prospects for further studies. Contradictions of the digital society development in Ukraine include: the digital divide (the gap in the level of digital equipment); technological unemployment; digital dependence and digital control; digital opportunities for crime; unlimited digital space and its content; the need for large-scale efforts and resources to address the digital space, and needs will only increase; unavailability of information created by bodies-not information managers; form of obtaining information, information is created or obtained in a form unsuitable for machine processing; method of information processing – non-interoperability of data sets from different managers. Among the factors that will determine digitalization processes on the public policy forming in Ukraine, we consider: increasing the technical literacy of service consumers; improving the technical readiness of networks; work with the population to promote the tools of consumption of administrative services online; training of officials to work in the digital space; taking measures to protect information held by the authorities; forming the habit of using online in the field of forming and implementation the public policy; increasing the level of trust to the state.


2021 ◽  
pp. 7-14
Author(s):  
T.I. Grabelnykh ◽  
◽  
N.A. Sablina ◽  
A.N. Parkhomenko

Researched are systemic aspects of the process of implementing national projects in Russia. Attention is focused on effectiveness of solving key problems of development of the public administration system in the context of the relationship between the state and society under modern conditions. The institution of public control in Russia is characterized through prerequisites of formation, organizational and legal status and main functions. The work defines the place and role of the institution of public opinion in the system of public administration and public control, substantiates its regulatory mechanisms, factors and agents of influence. In the aspect of systemic relationship between public administration and public control, the specificity of implementation of national projects in the transforming Russian society is revealed. A sociological vision of the “reset” of conceptual foundations of interrelationships between the public administration system and the institution of public control both at the stage of “entering” the space of national projects and in the process of their implementation is presented. It has been proved, that at the present stage the main integrating factor is consolidation of society through an updated "state-society contract". The analysis of historical and modern practices of public participation made it possible to draw a conclusion about the increase in the function of “co-management” of public control bodies in the interaction of state and public structures.


2017 ◽  
pp. 90-96
Author(s):  
О. V. Аkilinа

The article is devoted to changes of some legislative acts of reform public administration in employment. Analysis and qualitative assessment of the Draft Law of Ukraine “On Amending Certain Legislative Acts of Ukraine to reform of public administration in the employment and social insurance in case unemployment” has been done in the work. The author considers that in developing of legislative reforms in employment necessary to expand the list of sources of funding for implementing public policy through gradual attracting resources of separate trust funds for the implementation of employment policy. It is necessary to create mechanism for attracting funds from private foundations and differentiate the expenditure of the Fund of Compulsory public social insurance Ukraine in case of unemployment with the allocation of urban and rural units. Implementation of these reforms requires pre reforming of social insurance in case unemployment. In addition greater attention should be paid to the development of methodology measures to facilitate employment and assessment of their effectiveness in the short and long terms. Voucher systems can be effectively introduced to the labor market once the labor market actors (local employment offices, education institutions and private sector) interact and the potential users are prepared to accept them (have the required awareness and stimuli). Transfer of voucher systems is possible, but the introduction won’t be effective without well proven practices and due account to the available resources. Also, the problem of building social dialog should not be overlooked when elaborating regulatory reforms in the employment. Ways to enhance the effectiveness of social dialogue and activate the positions of all the entities involved in the negotiation process need to be found, in order to preserve the development prospects for the already existing system of social and labor relations, although not quite acceptable for a major part of the Ukrainian community. The social stability in Ukraine is largely dependent on the quality and controllability of the mechanisms underlying the social and labor relations system, and on the capacity of its actors.


2019 ◽  
Vol 21 (3) ◽  
pp. 494-503 ◽  
Author(s):  
Eckhard Schröter

The Politics of Bureaucracy provides an important impetus for the research of representative bureaucracy and at the same time serves as an analytical frame for a research agenda on representativeness in the public sector. The major impetus comes from one of the book’s core messages that public administration is tightly interwoven with politics and society. As a reform paradigm, representative bureaucracy aims for a public sector workforce that mirrors the social composition of the society it is supposed to serve. If successful, this measure is expected to improve organisational performance, relations with social groups and also overall political legitimacy. However, representativeness is no panacea to treat all problems of diverse societies and non-responsive bureaucracies. Rather, potential benefits have to be discounted against likely pitfalls and extra costs incurred through the pursuit of representativeness. What is more, the inherent tensions with competing reform paradigms have to be taken into account.


2021 ◽  
Vol 39 (5) ◽  
Author(s):  
Mykola P. Popov ◽  
Liudmyla L. Prykhodchenko ◽  
Olena V. Lesyk ◽  
Oksana V. Dulina ◽  
Olesia V. Holynska

The article considers some aspects of the implementation of the audit system of public administration, taking into account the transformation processes of national socio-economic systems, taking into account the domestic realities of society. At present, Ukraine is on the path of transition to European integration processes, including in the system of reorganization of public power. An effective mechanism for controlling and monitoring the implementation of management functions is the introduction of public administration audit. However, for Ukraine such processes are new and require adjustment of regulatory and legal support, organizational structures, financial support and managerial transformations in the public sector system in order to implement an effective public audit system. The article considers the theoretical aspects of public audit, which define it as a management process of high public importance. In addition, public administration audit is defined as a type of professional activity that requires taking into account not only the general principles of auditing, but also the specifics of public administration: publicity, high social significance, political and economic lobbying processes. Objects of public audit are considered, their characteristic is given. As a result of the analysis, the priority of conducting a public audit is determined in the system of planning, formation and distribution of budget funds at different levels. A model of public audit of budget processes has been developed and described, which provides not only control of expenditures, but also their rationalization by improving management mechanisms. Problematic aspects of the implementation of public audit in practice will be the subject of further research. The audit will contribute to the rationalization of the use of budget funds, the establishment of an effective set of management processes.


2021 ◽  
pp. 98-109
Author(s):  
V. V. Zotov ◽  
L. A. Vasilenko

The article shows that the ongoing processes of networkization, digitalization and hybridization lead to the creation of such a sociotechnical phenomenon as information and analytical platforms, which actualize a new type of social network relations between authorities and citizens in the public space of communications. In these conditions, a new methodology of public administration is required, which would take into account the digital realities of the modern world. According to the authors, the new concept of public administration should be built taking into account the development of a methodology for the following mutually conditioned processes: 1) creation of information and analytical platforms of the digital society; 2) formation of social structures in the network space; 3) configuration of relational networks for solving socially significant problems. It should be based on the actor-network concept and the digitalization ethics, the social network analysis, the relational sociology, the concept of figuration, the fractal-evolutionary concept, the concept of configuring a relational network of stakeholders.


2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 65-74
Author(s):  
Vitaliy Pinchuk ◽  
Oleg Shevchenko

The aim of the article is to identify new trends, patterns of corruption in the system of government and develop approaches to improving mechanisms to prevent and combat corruption in Ukraine. In the context of reforming modern Ukrainian society, the study of the development of mechanisms to prevent corruption is very relevant. In addition, given the deepening socio-political and financial-economic crisis in Ukraine, corruption is a serious threat to national security. According to international experience, a mechanism should be clearly established for the selection of specialists to work in the public administration sector. An effective set of tools to combat corruption in the state are, first of all, prohibitions and restrictions. The focus on overcoming the factors of corruption that are inherent in the sphere of state structures is the improvement of mechanisms. One of the effective mechanisms for preventing corruption is preventive measures in public bodies with a number of restrictions and prohibitions.


2018 ◽  
pp. 32-40
Author(s):  
VIRGINIA VEDINAȘ

The study aims to analyze the legal status of the referendum in general and, in particular, of the one organized by the President under Art. 90 of the Constitution and by the local public administration authorities, according to the principle of consulting the population in solving particular problems of local interest. The central issue, which goes as a “red thread”, our approach, reffers to the issues that can be the subject of the two types of referendum and how “free” are the subjects of law that initiate them in determining the sphere of issues that are the subject of this sphere. The conclusion we have reached is that such freedom is not unlimited, that it stops where the Constitution says, and the fundamental principles it enshrines, being unable to be the subject of a referendum, national or local, issues forbidden by the Basic Law.


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