scholarly journals IMPLEMENTATION OF THE CONCEPT OF DISTINGUISHING THE FUNCTIONS OF THE CPSU AND STATE AUTHORITIES (THE PERIOD OF GORBACHOVSKY'S REBUILDING)

2020 ◽  
pp. 239-249
Author(s):  
Є. Бородін

The article covers the process of introducing the concept of division of functions of party and state bodies in the USSR during the Gorbachev «perestroika» years. The monopoly ruling party, which in accordance with the Constitution of the USSR in 1978 had the status of a «leading and guiding force» of Soviet society, felt the need to define new relations with public authorities in the context of the proposed reforms of public administration. Based on the definition of the political system of Soviet society, the party leadership gradually democratized the concept of «party leadership.» Initially, at the 21st CPSU Congress (February – March 1986), a «soft concept» was introduced to prevent «the confusion of party and state functions», which relied on the abandonment of petty guardianship and the replacement of state structures by the authorities. Then, at the 19th CPSU Conference (June – July 1988), under political reform in the USSR, a «rigid concept» of «delineation of functions» was introduced, which anticipated the role of the party as a policy-maker and its members as government leaders. The introduction of the concept of «delineation of functions» in no way called into question the monopoly position of the CPSU in the system of public administration, the dominance of the so-called «Marxist-Leninist ideology». Under the changes that put on the agenda the emergence of such mandatory attributes of democratic transformations as political pluralism, free elections, multiparty system, the CPSU ideologists sought the basis for their own theories in the decisions of the VIII Congress of the RCP (b) (1919) and in V. I. Lenin’s works at the time of the elimination of the multiparty system in the USSR. In the process of finding a solution to prevent the replacement of state structures by party bodies, the dominant role of the CPSU in the system of public administration of the USSR was actually recognized, and the preconditions for further radical changes in Soviet society were created.

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Svitlychnyy Oleksandr ◽  
◽  
Gavrylyuk Oleksandr ◽  

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


Author(s):  
Olena Oкhotnikova ◽  
Yaroslava Arbych

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


Author(s):  
Martha Ivanivna Karpa

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


2020 ◽  
Vol 73 (8) ◽  
pp. 1771-1779
Author(s):  
Małgorzata Paszkowska

Nurses are the largest group of Polish medical staff. There are currently approximately 230,000 nurses employed in Poland. There is a statutory profession for many years. Nurses provide health services on the basis of a medical order or on their own. As a result of changes in the law, the scope of their professional competences has been increasing for several years, including to independently administer medicines and issue prescriptions. The purpose of the article is to present and analyze legal norms determining the status of a nurse in the Polish health care system. In addition, the definition of the statutory principles of cooperation between doctors and nurses. The analysis shows that changes in law in recent years have significantly influenced the increase in the role of nurses in the health care system and they are also relevant to the practice of the medical profession.


Author(s):  
Damir Khamitovich Valeev ◽  
Anas Gaptraufovich Nuriev

The research analyses the implementation of the role of maximizing the level of security in the administration of justice in the context of the digital economy. Methodologically, the documentary observation research technique and, to process sources, sociological-dialectical analysis were used. Digitization as a transformational factor of many branches of social relations implies dependence on the implementation of a series of interdependent legal facts with digital technologies so that the action has a legal and concrete result. The digital level as a new platform for the implementation of a number of public functions posing new challenges for the public administration system and also determines the status of new functions that can provide a "digital future" with a positive development dynamic. Conclusion mode everything indicates that, these new functions can be austable in order to maximize security in the implementation of public functions in response to new threats. Particularly sensitive is the area of justice administration, which is also actively introducing many digital tools into the case-resolution process.


2021 ◽  
Vol 9 (2) ◽  
pp. 221-236
Author(s):  
Yevhen Leheza ◽  
Yuriy Deliya ◽  
Eduard Ryzhkov ◽  
Serhii Albul ◽  
Oleksandr Shamara

Relevant issues of the administrative and legal status of subjects of special competence in relation to public administration in the field of intellectual property are considered. Main  content. A circle of specified subjects in the system of subjects of public administration is determined. The role of subjects of special competence in the fulfilment of tasks of public administration in the sphere of intellectual property is identified. Classification of subjects of special competence regarding public administration in this field is presented. Features of the administrative or legal status of each group of subjects of special competence in relation to public administration in the field of intellectual property are analyzed. Specifics of the influence of these subjects on legal relations arising in the sphere of intellectual property are characterized. Materials and methods research based on the analysis of documentary sources. the  basis  is  the  dialectical  method  of  cognition  of  the  facts  of  social  reality,  on  which  the  formal legal and comparative legal approaches are largely based. Conclusions are drawn about the place of subjects of special competence in relation to public administration in the field of intellectual property among other subjects. Proposals on the necessity to improve current domestic legislation in the sphere of intellectual property are formulated.Keywords: Public administration; Intellectual property; Legal regulation; Relation; Sphere; Subjects of special competence Peraturan hukum status subjek kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual di Ukraina  Abstrak.Masalah yang relevan dari status administrasi dan hukum mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dipertimbangkan. Isi utama. Lingkaran mata pelajaran tertentu dalam sistem mata pelajaran administrasi publik ditentukan. Peran mata pelajaran kompetensi khusus dalam pemenuhan tugas administrasi publik di bidang kekayaan intelektual diidentifikasi. Klasifikasi mata pelajaran kompetensi khusus tentang administrasi publik di bidang ini disajikan. Fitur status administrasi atau hukum dari setiap kelompok mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dianalisis. Spesifik pengaruh subjek ini pada hubungan hukum yang timbul di bidang kekayaan intelektual dicirikan. Bahan dan metode penelitian berdasarkan analisis sumber dokumenter. Basisnya adalah metode kognisi dialektis atas fakta-fakta realitas sosial, yang menjadi dasar sebagian besar pendekatan hukum formal dan hukum komparatif. Kesimpulan diambil tentang tempat mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual antara mata pelajaran lainnya. Proposal tentang perlunya meningkatkan undang-undang domestik saat ini di bidang kekayaan intelektual dirumuskan.Kata kunci: Administrasi publik, Kekayaan intelektual, Regulasi hukum, Hubungan, Lingkungan, Mata pelajaran kompetensi khusus Правовое регулирование статуса субъектов особой компетенции в отношении государственного управления в сфере интеллектуальной собственности в УкраинеАннотация Рассмотрены актуальные вопросы административно-правового статуса субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Основное содержание. Определен круг указанных субъектов в системе субъектов государственного управления. Выявлена роль субъектов специальной компетенции в выполнении задач государственного управления в сфере интеллектуальной собственности. Представлена классификация предметов особой компетенции государственного управления в этой области. Анализируются особенности административно-правового статуса каждой группы субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Охарактеризована специфика влияния этих субъектов на правоотношения, возникающие в сфере интеллектуальной собственности. Материалы и методы исследования на основе анализа документальных источников. в основе лежит диалектический метод познания фактов социальной действительности, на котором в значительной степени базируются формально-правовой и сравнительно-правовой подходы. Сделаны выводы о месте субъектов особой компетенции по отношению к государственному управлению в сфере интеллектуальной собственности среди других субъектов. Сформулированы предложения о необходимости совершенствования действующего украинского законодательства в области интеллектуальной собственности.Ключевые слова: Государственное управление, Интеллектуальная собственность, Правовое регулирование, Отношения, Сфера, Субъекты особой компетенции.


2020 ◽  
pp. 205-210
Author(s):  
А. М. Мамульчик

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.


This book reproduces the texts of four lectures, followed by discussions, and two interviews with Lise Gauvin published in Introduction à une poétique du divers (1996); and also four further interviews from L’Imaginaire des langues (Lise Gauvin, 2010). It covers a wide range of topics but key recurring themes are creolization, language and langage, culture and identity, ‘monolingualism’, the ‘Chaos-world’ and the role of the writer. Migration and the various different kinds of migrants are also discussed, as is the difference between ‘atavistic’ and ‘composite’ communities, the art of translation, identity as a ‘rhizome’ rather than a single root, the Chaos-World and chaos theory, ‘trace thought’ as opposed to ‘systematic thought’, the relation between ‘place’ and the Whole-World, exoticism, utopias, a new definition of beauty as the realized quantity of differences, the status of literary genres and the possibility that literature as a whole will disappear. Four of the interviews (Chapters 6, 7, 8 and 9) relate to particular works that Glissant has published: Tout-monde, Le monde incrée, La Cohée du Lamentin, Une nouvelle région du monde. Many of these themes have been explored in his previous works, but here, because in all the chapters we see Glissant interacting with the questions and views of other people, they are presented in a particularly accessible form.


2021 ◽  
Vol 45 (88) ◽  
pp. 21-46
Author(s):  
Ante Bećir

The article sought to put the social and political agency of the Trogir Canons in the period from 1300 to 1360 into the wider context of political conflicts that took place between opposing noble factions within the Trogir commune in the 14th century. However, before commencing with the analysis, the author gives a basic insight into the status and infrastructure of the Trogir ecclesiastical organization, situated in its respective Dalmatian- Croatian and Hungarian context. Starting with the normative definition of a Cathedral Chapter, which exists to assist the Bishop and engage in the pastoral care of its human flock, the article compares the idea with the practical dealings of the Trogir Canons. It is highlighted that their dealings were almost primarily concerned with these-worldly matters. On the other hand, and on the basis of tracking several Trogir Canons, namely Jacob son of Peter (Vitturi), John son of Peter (Castrafoci), Stephan son of Michael (Cega), Lampredius son of Jacob (Vitturi), Kazarica son of Martin (Kazarice), Albert son of Marinus (Andreis) and some others, which are heavily exposed in the primary sources, it is argued that the Trogir Cathedral Chapter was not functioning in practice as an independent church corporation, rather than the Canons were in one way or another involved in the factional strifes. More precisely, the considered canons were deeply connected with the noble families, from which practically all of them originated, and sequentially with the informal factions. Therefore, the Canons exploited the existing institutional (corporate) framework and material resources of the Cathedral Chapter in the pursuit of their own individual or factional goals. In that respect, the Cathedral Chapter cannot be considered as an entity separate from the activities of the city lay authorities, regardless of the actual distinction in political and judicial jurisdiction between ecclesiastical and secular institutions. The Case of Trogir provided very fruitful material, which allowed the unraveling of social and political networks and the role of individual participants in the collective (political) agency. In other words, the paper put the focus more on individual agency, and less to structures, bearing in mind that individual agency is exactly that which shapes the institutions in the end.


Author(s):  
Wojciech Gonet

The chapter examines the scope of public administration participation in ensuring that entrepreneurs comply with the principles of sustainable development. It was found that the activities of the state administration in this regard may consist in providing entrepreneurs with the status of applying ESG and CSR principles in their activities, then checking compliance with these principles, informing consumers about the consequences of using products and services produced by the entrepreneurs using the ESG and CSR principles. It was determined that the expectation for the application of ESG and CSR principles can also apply to public administration, which in its activity can contribute to environmental protection by reducing energy consumption in various forms, as well as improving social relations by eliminating corruption.


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