ADMINISTRATIVE REGULATIONS OF STATE FUNCTIONS AT THE PRESENT STAGE: DYNAMICS OF CHANGES IN THE APPROACH TO THE CONCEPT AND VARIETIES AT THE LEGAL REGULATORY

2021 ◽  
Vol 14 (6) ◽  
pp. 137-141
Author(s):  
ROMAN ZELEPUKIN ◽  
Keyword(s):  
Public Administration ◽  
Administrative Reform ◽  
The State ◽  
Present Stage ◽  
Logical Connection ◽  
Administrative Procedures ◽  
Continuous Activities ◽  
And Function ◽  
And Control ◽  
State Functions

In this article the author analyses the development of administrative regulations in the system of modern public administration. The state of administrative regulations and their institutionalisation as a result of the administrative reform is noted. It has been identified and found that there has now been a change in the approach to the delineation of the administrative regulations of the executive authorities - before 2018, administrative regulations were divided into service regulations and function regulations, where service regulations are related to requests by private persons to the state represented by its bodies and officials - and function regulations are related to the implementation of continuous activities to perform assigned powers and exercise the established competence, after 2018, administrative regulations are divided into service regulations and control (supervision) regulations. According to the author, the established approach has allowed the above varieties of regulations to be merged into such a group of types of administrative regulations as administrative regulations for the implementation of state functions. Also the author concludes that it is necessary to adopt a special legislative act systemising the functions of the executive authorities and the administrative procedures they carry out in a single logical connection.

scholarly journals Implementation of the principles of open government within the ombudsmen's activity (foreign practices)

2021 ◽  
pp. 193-203
Author(s):  
E. G. Kalinina
Keyword(s):  
Public Administration ◽  
Administrative Reform ◽  
The State ◽  
Open Government ◽  
Successful Implementation ◽  
Public Officials ◽  
Political Challenge ◽  
The Government ◽  
The One ◽  
And Control

In many states, the implementation of the principles of open government is defined as the current common trend and political challenge since it includes the procedure of administrative reform, revising the regulations for public officials for better trust between the government and society. Pursuing the mechanism of open government, states adopt national plans, introduce specialized bodies, although often the process of implementing the principles of public administration and control over this process is entrusted directly to the bodies — participants in the experiment. At the same time, ombudsman institutions, which are represented in many countries, has all the initial prerequisites to play an essential role in the open government. The mission that ombudsmen can complete in open government is twofold. On the one hand, as an institutional entity within the state, ombudsman can apply all the principles of open government in his activities, which as close as possible to the philosophy of the principles of openness, transparency, accountability. In this case, ombudsman can serve as a testing ground or an example of the successful implementation of principles for other bodies in the state. On the other hand, ombudsman, by virtue of their direct powers, is entitled to monitor problems in public administration and participate in the implementation of administrative reform. The article describes the foreign practices of involving ombudsmen in open government process.

1. Introducing constitutions and public law

2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

La participation des forces démocratiques à l'expérience française de planification régionale

1972 ◽  
Vol 5 (1) ◽  
pp. 1-27
Author(s):  
Alain Baccigalupo
Keyword(s):  
Economic Development ◽  
Regional Planning ◽  
Trade Unions ◽  
Administrative Reform ◽  
The Road ◽  
The Core ◽  
On The Road ◽  
And Function ◽  
And Control ◽  
Vast Range

After briefly pointing out the weakness of participation at the core of the Regional Committees for Economic Expansion (CREE), the author analyses in depth the notion of participation as it has existed in France since the administrative reform of March 14, 1964, within the Commissions of Regional Economic Development (CODER).Having touched on the place occupied by and the role played by these organizations throughout the process of elaboration, execution, and control of the plan at the regional districts level, the author then turns to an examination of the composition and function of these consultative processes.As far as the composition of the CODER is concerned, the article deals with three main features: the tripartite nature of the commissions; the imbalance of forces particularly to the detriment of the trade unions; and the major reforms capable of improving the representativeness of the commission.Regarding the functioning of the CODERs, the author, having described the vast range of duties which are devolved on them by the texts, puts into perspective the extreme weakness of their “powers” in contrast to the unquestionable authority of the regional prefect. Thus, the CODERs are described as bodies directly under prefectorial control, veritable registry offices deeply divided at their centre, without real expertise and without great impact on public opinion.At the end of the study the author recalls the abortive attempt at regional reform on April 27, 1969, and concludes that it will be necessary to set to work on a far-reaching reform in order to get France on the road towards real democratization of the process of regional planning.

scholarly journals Professionalizing bureaucracy and building state capacities: are there unequal advances in Brazilian public administration?

2019 ◽  
Vol 53 (4) ◽  
pp. 687-710 ◽  
Author(s):  
Ciro Campos Christo Fernandes ◽  
Pedro Lucas de Moura Palotti
Keyword(s):  
Public Administration ◽  
Historical Perspective ◽  
Middle Managers ◽  
The State ◽  
Public Servants ◽  
Public Managers ◽  
Basic Functions ◽  
The Creation ◽  
Federal Administration ◽  
State Functions

Abstract This article contributes to the discussion on public administration in Brazil. It examines the differences between the four functions of the state (basic functions, welfare, infrastructure and development, and emerging functions), based on the positions and careers of public servants. The data were collected in 2014 using a survey with public managers from different agencies of the Brazilian federal administration. The results point to distinctions regarding the roles played by middle managers, considering their distribution by state functions, profile, and activities. In a historical perspective, although there are basic functions that constitute the state, the creation of new careers and the recruitment of staff in the bureaucracy resulted in unequal development of the different state functions, generating imbalance and asymmetries. Also, emerging functions are generating new, more flexible, and dynamic ways for managers to work, which have renewed the Brazilian bureaucracy, albeit in a limited and heterogeneous way.

PUBLIC ADMINISTRATION AS AN ELEMENT OF DECENTRALIZATION OF POWER IN UKRAINE: THE THEORETICAL, TECHNOLOGICAL ASPECT AND PECULIARITIES OF THE INTRODUCTION OF PUBLIC ADMINISTRATION IN UKRAINE

2018 ◽  
Vol 1 (12) ◽  
pp. 124-137
Author(s):  
Valentina Vasilievna Yelinskaya
Keyword(s):  
Public Administration ◽  
The State ◽  
European Countries ◽  
Practical Implementation ◽  
Effective Implementation ◽  
State Governance ◽  
State And Local ◽  
Main Instrument ◽  
And Control ◽  
The Relationship

The article details the relationship between public administration as an element of the decentralization of power in Ukraine and the peculiarities of the implementation of public administration in Ukraine. The peculiarities of our country that distinguish it from the European countries with experience of implementation of public administration and control are considered. The main technological tools that can be used to implement public administration in Ukraine are considered. The emphasis is on public administration as the main instrument for implementing the state decentralization strategy. It is substantiated that consideration of the regulatory framework for decentralization clearly indicates the need for the allocation of public administration as the main point of involving society in state governance at the level of territorial communities. Strategically, the state has taken all necessary steps to implement the relevant reforms. However, there is still unregulated uncertainty between strategic planning and practical implementation, as there is uncertainty at the level of both the state and territorial communities about the instruments for achieving the goals. The article focuses on public administration as the main instrument for implementing the state decentralization strategy. The main differences between our country and the European countries, which have already successfully implemented the possibilities of public administration and ways to overcome these differences, are considered. The last section of the article is devoted directly to modern technological capabilities that can be used for the effective implementation of public administration at the level of territorial communities. The main existing tools and ways of their use are considered. Separately, the most perspective directions of realization of public administration and conditions of their effective implementation with support of the state and local self-government bodies are considered.

1. Introducing constitutions and public law

2021 ◽  
pp. 3-23
Author(s):  
Anne Dennett
Keyword(s):  
Public Administration ◽  
Balance Of Power ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
The Law ◽  
The Uk ◽  
And Control ◽  
The Relationship

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility; and control the power of the state. Indeed, a state’s constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK’s national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.

The Function of the Triad ‘Territory’, ‘Jurisdiction’, and ‘Control’ in Due Diligence Obligations

2020 ◽  
pp. 75-91
Author(s):  
Federica Violi
Keyword(s):  
International Law ◽  
The State ◽  
Due Diligence ◽  
Precise Identification ◽  
And Function ◽  
Private Actors ◽  
And Control ◽  
Power And Authority

This chapter analyses the notions ‘territoryʼ, ‘jurisdictionʼ, and ‘controlʼ and their influence on the scope of due diligence obligations. It demonstrates that these notions epitomise the link between the state charged with the obligation and the risk itself and argues that the precise identification of this link is essential to understand how due diligence obligations arise and function. The chapter traces the gradual ‘widening’ of the scope of due diligence in international law, through court and arbitral decisions, treaties and non-binding instruments. It reflects on whether current international law is able to move away from the territoriality principle and conceive other forms of organising power and authority, and whether due diligence obligations might also be borne by private actors.

DEVELOPMENT OF PUBLIC ADMINISTRATION IN THE CONTEXT OF REORGANIZATION OF STATE GOVERNMENT IN UKRAINE

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 19-28
Author(s):  
Tetiana Drakokhrust
Keyword(s):  
Social Development ◽  
Public Administration ◽  
State Government ◽  
Public Life ◽  
State Power ◽  
The State ◽  
Administrative Functions ◽  
Administrative Procedures ◽  
Management Functions

The system of public administration in Ukraine as a set of state bodies and insti¬tutions, officials who are authorized to perform management functions in all spheres of state and public life has been considered in the article. It is emphasized that the process of reform¬ing the bodies of public administration in Ukraine continues, which reaffirms the thesis of the permanent modification of the state power and administrative functions connected with the emergence of new realities of social development. The article analyzes the important methodological provision of the relevant processes in this way so that the obtained results have the ability to ensure not only the accomplishment of the tasks set, but also in general realize the goals and directions of the whole system of public administration. It is general¬ized that the improvement of administrative procedures in the state has an important meth¬odological value for the implementation of public administration.

scholarly journals Profissionalizando a burocracia e construindo capacidades: avanços desiguais na administração pública brasileira?

2019 ◽  
Vol 53 (4) ◽  
pp. 687-710
Author(s):  
Ciro Campos Christo Fernandes ◽  
Pedro Lucas de Moura Palotti
Keyword(s):  
Public Administration ◽  
Historical Perspective ◽  
Middle Managers ◽  
The State ◽  
Public Servants ◽  
Public Managers ◽  
Basic Functions ◽  
The Creation ◽  
Federal Administration ◽  
State Functions

Abstract This article contributes to the discussion on public administration in Brazil. It examines the differences between the four functions of the state (basic functions, welfare, infrastructure and development, and emerging functions), based on the positions and careers of public servants. The data were collected in 2014 using a survey with public managers from different agencies of the Brazilian federal administration. The results point to distinctions regarding the roles played by middle managers, considering their distribution by state functions, profile, and activities. In a historical perspective, although there are basic functions that constitute the state, the creation of new careers and the recruitment of staff in the bureaucracy resulted in unequal development of the different state functions, generating imbalance and asymmetries. Also, emerging functions are generating new, more flexible, and dynamic ways for managers to work, which have renewed the Brazilian bureaucracy, albeit in a limited and heterogeneous way.

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