scholarly journals Ensuring the principles of the rule of law and legality in the activities of public administration: terminological analysis

2020 ◽  
Vol 45 (2) ◽  
pp. 91-98
Author(s):  
Iryna Shumliaieva
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
Scientific Article ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
Close Relationship ◽  
Scientific Papers ◽  
Definition Of

In the context of the development of home public administration, the implementation of research in terms of providing a meaningful description of the principles of the rule of law and legality in order to comply with them and ensure the activities of public authorities is becoming relevant. Therefore, the purpose of the scientific article is to implement a terminological analysis of the principles of the rule of law and legality in the activities of public administration, as an important condition for the development of public administration. The article considers terminological issues related to the definition of the essence of the concepts «rule of law», «legality», «public administration», by analyzing scientific papers and legal documents. Particular attention is paid to the definitions contained in the norms of international and European acts concerning the definition of the content of the principles of the rule of law and legality, which allowed distinguishing the relevant international and European understanding of the conceptual foundations of these concepts. It is established that at the present stage of development of the institution of public administration in the European doctrine the principle of the rule of law prevails, which is not identified with the principle of legality, as it is included in the list of relevant requirements for the implementation of the first one. The relationship between the rule of law and the rule of legality is shown, given their close relationship, formed in the process of evolution at different times during the development of social relations. As a result of research of scientific literature and normative-legal sources, it is offered to consider legality in activity of public administration in a wide public-administrative context through a prism of regulation of the state-authoritative influence on society for the purpose of its ordering. Since the vector of the rule of law and legality is aimed at both public authorities and society, it is assumed that the adoption of these principles in society involves the implementation of the requirements set out in the article to ensure compliance with public administration.

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

Forty Years of Public Law

1990 ◽  
Vol 24 (3-4) ◽  
pp. 341-355 ◽  
Author(s):  
David Kretzmer
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Common Law ◽  
Public Law ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Judicial Decisions ◽  
Comprehensive Survey ◽  
Intellectual Revolution ◽  
Do So

It would be impossible in a short lecture to give a comprehensive survey of all the changes that have occurred in the last forty years in that branch of law known as “Israel common law”. I will not, therefore, try to do so. Instead, I wish to single out the most distinctive phenomenon in this area of law. I refer to the conceptual/intellectual revolution in the outlook of the court regarding the nature of its judicial function. The original view, according to which the sole function of the court in the area of public law is to decide disputes between citizens and public authorities, has been abandoned and replaced by an outlook that views the court as an institution responsible for the legality of public administration, or, as the court itself is accustomed to defining the matter, for the rule of law.I shall divide my discussion into two parts. In the first part I will briefly discuss the prominent changes that have occurred in the judicial decisions regarding public law in recent years, and the judicial philosophy underlying these changes.

scholarly journals PROSPECTS FOR THE IMPLEMENTATION OF THE EUROPEAN ADMINISTRATIVE SPACE IN UKRAINE

2019 ◽  
pp. 116-120
Author(s):  
M. A. Boiaryntseva
Keyword(s):  
Rule Of Law ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Legal Proceedings ◽  
National Courts ◽  
Administration Of Justice ◽  
Administrative Courts ◽  
Definition Of ◽  
The Right ◽  
Discretionary Powers

In the article the author determines the peculiarities of consideration and resolution of administrative disputes in foreign countries. The author emphasizes that the priority international and European principle of the implementation of justice is the observance of the rule of law. It has been determined that the contents of the precedents of the European Court of Human Rights testify that they not only contain substantive decisions, but also the norms whose application solves the problem of the interpretation of legal institutions, in particular, such as the principles of the administration of justice. The author stresses that the achievement of the requirements of ensuring the rule of law and the rule of law in accordance with European standards requires the definition of the limits of exercising discretionary powers by public administration bodies. The discretionary powers of public authorities and local self-government bodies cannot be unrestricted, and national courts should determine the limits of interference in their implementation. It is substantiated that the performed characteristic of the aforementioned normative legal acts allows us to conclude that it is necessary to study the principles of the implementation of legal proceedings in the European administrative space as a conditional "benchmark" of the development of the system of administrative courts established by the current legislation. It is stressed that the recommendations that require their implementation in the current administrative-procedural legislation include the implementation of such standards for the implementation of legal proceedings as foreseen requirements for the abolition of the right to appeal in the event that a person failed to comply with part of the court decision that provided for immediate enforcement; definition of procedure for pre-trial and extrajudicial settlement of administrative disputes. It is substantiated that borrowing from the experience of administrative tribunals established in the Anglo-Saxon judicial system, where administrative complaints are dealt with by specially authorized lawyers, is one of the possible ways of solving the problems of a significant load on the system of administrative courts of Ukraine. The author concludes that the effectiveness of the national justice system as a whole, and in particular, administrative justice, depends on the implementation and further implementation of international and foreign standards for the administration of justice.

scholarly journals Interpretation of Legal Norms as an Optional Component of the Legal Regulation Mechanism

2021 ◽  
pp. 252-256
Author(s):  
T. I. Tarakchonych
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Norm ◽  
Regulation Mechanism ◽  
Important Place ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Obligations ◽  
Definition Of

The article draws a special attention to the definition of such important categories of legal science as «interpretation of legal norms», «mechanism of legal regulation», «stages of legal regulation mechanism». The particular attention is paid to the understanding of the mechanism of legal regulation and its stages. The mandatory and optional stages of the legal regulation mechanism is distinguished. It is emphasized that the mandatory stage provides for the need to regulate certain social relations, which, first of all, are modeled, detected and implemented in certain subjective rights and legal obligations. The optional stage includes the necessity for an official interpretation of the legal norm in the process of its application. The place and role of interpretation of the rules of law in the mechanism of legal regulation have been determined. The article defines that the interpretation of legal norms is a process of clarifying of the content of the rule of law by the relevant subjects in order to ensure an unambiguous understanding of the content, its accurate and balanced application by both authorized and relevant entities in specific legal relations. The research at the general theoretical and methodological level distinguishes the essence and peculiarities of interpretation of legal norms, functional orientation, methods and means of its implementation. It is noted that the interpretation of legal norms ensures an unambiguous understanding of the rule of law, has an informational orientation and forms the legal consciousness of the subjects, the motivation for their behavior, is the basic basis for the development of the legal culture of society, the determinant of legal influence and the basis for improving legal regulation. The article states that the interpretation of legal norms has an important place in the mechanism of legal regulation along with its other components. It is characterized by the fact that it is carried out by analyzing of legal norms through a system of legal assessments, views, ideas, etc. Keywords: legal norm, interpretation of legal norms, functions of interpretation of legal norms, legal regulation,mechanism of legal regulation, stages of legal regulation mechanism

scholarly journals Ensuring the Rule of Law in Public Administration and Local Self-Government

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 141-152
Author(s):  
E. B. Ablaeva ◽  
A. R. Ensebaeva ◽  
M. A. Utanov
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Control Function ◽  
Access To Justice ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Judicial Control ◽  
Constitutional Right ◽  
The Republic ◽  
State And Local

The paper examines the powers of the judiciary to ensure the rule of law in the sphere of public administration and local self-government, which, according to the authors, consist in the implementation of the judicial control function by the courts. Granting the judicial power with the function of judicial control and expanding the scope of its implementation is one of the mechanisms that, in conditions of ensuring the rule of law, are necessary in order for everyone to exercise their constitutional freedom to appeal to the court against illegal acts, decisions, actions or omissions of public authorities, their officials, and civil servants. It is obvious that the role of the judiciary is significantly enhanced in the implementation of the second institutional reform to ensure the rule of law. Today, the rule of law in the sphere of state and local government is ensured the implementation of judicial control by courts of general, specialized and higher jurisdiction, as well as specialized formulations courts of the Republic of Kazakhstan in accordance with the RK legislation on civil and criminal procedure and administrative offences. However, according to the study, administrative and judicial reforms carried out in parallel in the Republic of Kazakhstan have resulted, on the one hand, in strengthening judicial control in the sphere of state administration and local self-government, and, on the other hand, in restricting the constitutional right to judicial protection and freedom of appeal in court. According to the authors, the steps to optimize the courts, consisting in the transition from a five-level court to a three-level court, have not achieved their main goal-to simplify access to justice.

scholarly journals The Philosophical Views Of Eastern Scientists On Social Justice

2021 ◽  
Vol 03 (02) ◽  
pp. 269-274
Author(s):  
Kudratillo Mukhitdinovich Yunisov ◽  
◽  
Mukhiddin Ortikovich Sattorov ◽  
Keyword(s):  
Social Justice ◽  
Detailed Analysis ◽  
Rule Of Law ◽  
Social Relations ◽  
The State ◽  
Scientific Article ◽  
The Rule Of Law

This scientific article provides a detailed analysis of the philosophical views of Eastern thinkers on social justice, the priority of the rule of law in the management of society, the emergence of such functions of the state as the management and regulation of social relations.

scholarly journals Concepts and types of administrative and legal means of ensuring economic security by the National Police of Ukraine

2018 ◽  
Vol 83 (4) ◽  
pp. 46-55
Author(s):  
V. V. Tolochko
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Legal Protection ◽  
Economic Security ◽  
Structural Elements ◽  
The Rule Of Law ◽  
Definition Of ◽  
National Police ◽  
Personal Interests ◽  
Positive Results

The author of the article has analyzed the existing doctrinal provisions concerning the definition of the terms “a method”, “a measure”, “a way” and “a mean” and the categories of “legal means”, “administrative and legal means”. It has been emphasized that administrative and legal means in the complex are one of the effective structural elements of the protective activity of state authorities aimed at the formation and development of social relations in various fields (including in the field of economics). The author has revealed the significance of administrative and legal means for ensuring the implementation of the security function of the state in the whole and administrative and legal protection, in particular, which became the basis for outlining the forms of administrative and legal protection in the context of its implementation through the realization of administrative and legal means. As a result, the author has offered own approach to the definition of the concept of administrative and legal means of ensuring economic security by the National Police of Ukraine. The analysis of the current administrative law and the practice of its application and, respectively, the powers of the main units of the National Police, which are entrusted with the task to ensure economic security, provided the opportunity to refer the following types of administrative and legal means of ensuring economic security by the National Police of Ukraine: 1) means of persuasion, positive incentives or incentives that contribute to raising the creative activity of legal relations participants, based on their quest for positive results of their work, to the realization of social and personal interests; 2) measures of administrative coercion, which are used for the purpose of prevention, termination of offenses, ensuring proceedings in cases on administrative offenses and bringing offenders to administrative liability. The application of administrative coercion is one of the important factors in strengthening the rule of law, discipline and organization in the field of economics, protection of the management order established in this area. The conducted research should become the basis for studying the problems of certain administrative and legal means of ensuring economic security by the National Police of Ukraine, which is a perspective direction for further scientific research.

Implementation problems and development trends of the principle of powers separation

2020 ◽  
pp. 180-186
Author(s):  
Laura Turkaeva
Keyword(s):  
Rule Of Law ◽  
State Structure ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Constitutional Principle ◽  
Fundamental Part ◽  
Legal Nature ◽  
Points Of View ◽  
Definition Of ◽  
Implementation Problems

An integral component of the rule of law, which acts as an important attribute of the functioning of Russian constitutionalism institution, is the presence of public authorities, which provides a mechanism for stable gov-ernance. The modern model of the state structure of our country is based on many principles, a special place among which is given to the principle of powers separation, which became a novel of the Constitution of 1993. The operation of this principle is reduced to a triad of the following functions: en-actment of laws, monitoring their implementation, and guaranteeing protec-tion in case of violation. All three branches of government belong to the rele-vant public authorities, and are implemented independently and equally. Un-fortunately, today there is no single concept regarding the ideological and po-litical essence of this theory, although scientific ideology is in search of the primacy definition of one of three branches of government. The relevance and novelty of the problem under consideration is based on objective histori-cal data, which are a fundamental part in the formation of the national legal system. We consider the legal basis of the principle of powers separation, various author’s points of view in determining its essence, including as a constitutional principle. The legal nature of the constitutional principle is ex-plained by the legislative regulation of power between various public authori-ties and officials, as well as general powers exercised within certain areas of state activity.

PECULIARITIES OF PUBLIC ADMINISTRATION MECHANISMS IN EMERGENCY SITUATIONS IN THE CONTEXT OF SOCIAL AND ECONOMIC SECURITY

2017 ◽  
Author(s):  
Oleg Chornyj ◽  
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Social Issues ◽  
Economic Security ◽  
State Regulation ◽  
Practical Significance ◽  
Complex Nature ◽  
Public Authorities ◽  
Emergency Situations ◽  
Stage Of Development

The transitional stage of development of any society, including today's, involves the imbalance of most areas of social relations. As a result of the unresolved nature of a significant part of socio-economic issues, emergencies often arise, the stabilization of which requires extraordinary organizational measures that restrict certain freedoms of citizens. At the end of the XX century there was a huge number of disasters and catastrophes, epidemics are spreading around the world, at the same time the concept of emergency has not yet been fully defined. Depending on which situations are assessed as emergencies, how adequately regulated the grounds for their occurrence and regulated the order of impact in an emergency, the effectiveness of public administration in preventing and overcoming emergencies largely depends. Virtually every aspect related to the mechanisms of public administration in emergencies, one way or another has a way out on social issues. The importance of regulation is due to the complex nature of emergencies, the large number of bodies responsible for ensuring safety and empowering emergency decisions. In relation to emergencies, the formation of public administration tasks is determined by the fundamental characteristics of a developing society. This is achieved due to negative feedback, through which society is able to overcome harmful external influences, reduce the risk of destruction. In an emergency, there should be no appeal to the suddenness factor, as it is directly related to compliance and stability. Despite the fact that universal mechanisms of action in emergencies are defined, their regulation at the level of constitutional obligations is the main guarantee of overcoming the crisis situation and its consequences. The functional tool against possible abuses of administrative bodies and the powers granted to them serves as a means of protection and restoration of basic personal, socio-economic rights, freedoms and legitimate interests of citizens in emergencies. The use of emergency methods by public authorities is today an important tool of public administration, which determines the need and practical significance of the study of the peculiarities of state regulation in emergency situations. Restoration of normal living conditions and ensuring safety in emergencies is possible through comprehensive measures and the use of socio-economic and managerial tools.

scholarly journals The rule of law as a principle of administrative process implementation experience within the framework of western legal culture

2021 ◽  
pp. 229-233
Author(s):  
I.O. Pozigun
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Legal System ◽  
Legal Culture ◽  
Public Authorities ◽  
Administrative Process ◽  
The Rule Of Law ◽  
National Legal System ◽  
Implementation Experience

The relevance of the article is stipulated by the necessity to implement the rule of law requirements into the national legal system, in particular, in the administrative process, The following factors are indicated as factors that necessitate recourse to the experience of Western legal culture: the concept of the rule of law is the achievement of European culture; Ukrainian legal doctrine to this day has not largely departed from the doctrine of the principle of legality. It is noted that for the domestic legal science the issue of the rule of law is relatively new, which determines the state of its knowledge. At the beginning of the formation of the national system of law, translations of papers by foreign authors on the rule of law mostly distorted the interpretation of the phenomenon of the rule of law as the rule of the law. Emphasis is placed on the fact that the implementation of the rule of law, its implementation in the regulation of social relations indicates that the relationships between people, as well as the relationship between a person and public authorities are based on the requirements of legal norms; that all subjects of social relations are governed by law, not by force. It is indicated that for the domestic legal activity the implementation of the rule of law (including into the administrative process) should be carried out by way of the human rights provision (and, accordingly, the rights of the subjects of the administrative process). It is substantiated that the aspect of the rule of law principle implementation experience by European states, which is connected with the realization of the stated intentions, is crucial. The connection between law and morality in the context of soft law formation is highlighted. Based on the European Court of Human Rights practice analysis, the following legal provisions are identified in the context of the subject matter: the implementation of the rule of law within Western states necessitates effective public control over the activities of executive bodies as to restricting human rights and fundamental freedoms; the implementation of the rule of law principle within Western states necessitates the harmonization of the law and order over time and the legal certainty of legal acts. It is summarized that having proclaimed the principle of the rule of law as a component of the national legal system, its foundation, it is crucial for public authorities to study and borrow the experience of European states in implementing the requirements of this fundamental principle in state building.

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