scholarly journals Basic elements of the principle of advocacy independence

2021 ◽  
pp. 24-27
Author(s):  
Vita DANYLCHENKO

The paper considers the principle of independence in the activities of the bar as one of the fundamental organizational principles. Advocacy that is not given an adequate level of independence cannot live up to reasonable expectations of their performance. The relevance of the topic is that, only through the approval and proper observance of this principle, it is possible for the bar to properly exercise its powers. Particular attention is paid to the main elements of the principle of independence as meaningful components that allow a comprehensive study and determine the essence of this principle. The purpose of the work is to single out and fill in the content of individual components of the principle of independence. The principle of independence of the bar has been widely enshrined in national and international regulations. But, this necessity is due to the fact that the legislation interprets the principle of independence quite sharply and its components are considered only in the context of other provisions. In results, we propose to identify such basic elements as 1) independence from public authorities, local governments and the judiciary; 2) from their own interests; 3) availability of procedural guarantees; 4) the existence of legal secrecy; 5) independence from the client; 6) independence from business partners; 7) guarantees of lawyer's security and prosecution of persons violating the lawyer's independence; 8) functioning of bar self-government bodies. Proper adherence to the principle of independence of the bar is possible only under the condition of simultaneous regulation and proper functioning of all these components. This principle is decisive due to the public non-governmental nature of the Bar and its independence as a voluntary professional non-governmental association.

2021 ◽  
Vol 19 (4) ◽  
pp. 221-241
Author(s):  
Mariusz W. Sienkiewicz

The fact that Poland and Ukraine share a border, the convergence of the political goals of the peoples of both countries, and the constant efforts towards the development of democracy and decentralisation of public life determine the need to intensify cooperation in various areas of the functioning of society and the economy. An important sphere of cooperation is the public sector, in particular at the level of local government. The local government cooperation of both countries was already visible at the beginning of the social and political transformations after 1990. The development of this cooperation, with varying results, took place in the 1990s and, to an even greater extent, after Poland’s accession to the European Union. In the last three decades, local and regional communities in Ukraine have become an important partner for Polish local governments, both at the local and regional levels. The local government cooperation that has been implemented is based on the diversification and multidimensionality of forms and models. Some result from legal regulations, while others are based on mutual experiences, previous contacts, and sympathies of public authorities. The aim of the study is to analyse and present the conditions and forms of Polish-Ukrainian local government cooperation. The aim is also to show the barriers to cooperation and to define proposed solutions to improve partner contacts of territorial units. The local government cooperation of the two countries is undoubtedly hindered by the fact that Ukraine is not a member of the EU, and often by mutual misunderstanding and non-acceptance of historical experiences. On the other hand, common goals at different levels of social, public, and economic life are a significant factor motivating parties to increase cooperation and achieve a synergistic effect thanks to it.


1999 ◽  
Vol 11 (1) ◽  
pp. 59-88 ◽  
Author(s):  
Gail Radford

American government officials experimented with a variety of tools for public administration in the early twentieth century. The regulatory commission became the best known of these new institutional forms, but another Progressive Era innovation with profound and ambiguous implications for U.S. political development was the government-sponsored corporation. Often called “public corporations,” these instrumentalities were created to carry out public purposes, but they were established as separate legal entities to function outside the standard departmental structure of government (and its organizational principles and restrictions). Today, these structures are most prolific at the state and municipal level, where they are generally termed “public authorities.” Since World War II they have been the fastest growing kind of government unit, with, at present, around ten thousand in existence. While everyone perceives these institutions as important players in local affairs, even well-informed citizens are frequently puzzled when it comes to knowing exactly what they are or what they do.


Author(s):  
A. A. Grynchak

The article analyzes the basic principles of regionalization in European countries and highlights the key features of the mechanism of functioning of public authorities in the context of regionalization. The European experience convincingly shows that an effective decentralized system of territorial organization of public power and administration is an integral part of a modern democratic state governed by the rule of law. The institutional basis for such a system is effective local government and balanced regional development. Decentralization and regionalization are interconnected: regionalization cannot occur without decentralization. Regionalization is, in fact, decentralization, taking into account the regional characteristics of the state. Based on the principle of division of powers, for each democratic state it is necessary to delineate the competence of public authorities. In turn, it is extremely important to determine the optimal level of concentration of power powers for each institutional link in the public power system - with the subsequent transfer of “excess” powers to the subjects as close as possible to the population, that is, their decentralization. Regionalization means a way of defining and delimiting tasks and functions, in which most of them are transferred from the level of central bodies to a lower level and become their own tasks and powers of lower-level bodies, in particular, regions. Governance at the local level and in local affairs can be carried out in two ways: both by officials of the state apparatus appointed “from above”, functioning “on the ground” (officials of state authorities), and by local governments and other entities authorized by the state. It can also be noted that the share of administrative activities is assigned to regional bodies or other state-authorized entities. This decentralization of power in the state contributes to the development of democracy, because there is an expansion of the influence of territorial communities, social groups and the public on the implementation of public functions of government in order to optimally meet the diverse needs of the population. Regionalization is associated with the process of redistribution of public power resources (including power) between different levels and centers of public power in two directions: from the state to its internal formation (autonomies, subjects of the federation), and also from the state to cross-border structures and international centers public authorities (trans-European regions, international organizations, transnational corporations). Regionalism should be understood as an interconnected political and economic system that ensures the special status of regional entities in the political system of the state, the participation of regions in the implementation of state power, European integration and international relations, their relative economic and fiscal independence in a unitary and/or federal state. Regionalism is also expressed in policies that stimulate the endowing the regions with a certain degree of political independence. Regionalism is associated with the desire and movement of regions towards freedom of self-government, preservation and respect of their traditional culture and peculiar institutions.


Author(s):  
Vladimir T. Kabyshev ◽  
◽  
Tamara V. Zametina ◽  
Elena V. Kombarova ◽  
◽  
...  

The problems of transparency as an economic, social, political and legal phenomenon attract the attention of scientists in various fields of liberal arts - economics, sociology, political science, and jurisprudence. In this article, the authors are primarily interested in legal and political aspects of this phenomenon, since the current Constitution of the country pays considerable attention to the issues of democratic organization of power and the institutions of participation of citizens in the management of state affairs. Describing the real state of transparency in the public authorities of the Republic of Crimea, both static (institutional, organizational) and dynamic (functional, procedural) aspects of this phenomenon are taken into account. The current Constitution of the Russian Federation 1993 does not have the concept of "transparency". The analysis of Russian legislation shows that the principle of transparency, even without being enshrined at the highest constitutional level, has been adequately reflected in federal laws and other regulations. Legislatively enshrined transparency, openness, publicity, accessibility of information together create a regime of transparency of the activities of the three branches of state and local government, ensure the access of citizens to information and determine the forms of interaction and cooperation of citizens and power institutions in this area. The authors emphasize that the principle of transparency plays an important role in the system of principles of the organization and functioning of the public authorities of the modern democratic state. Its further legislative development will promote the confidence of citizens in public authorities, establish the dialogue between the state and civil society, and strengthen anti-corruption measures. Legal regulation of openness, publicity, accessibility of information about the activities of public authorities is carried out within the framework of several legislative acts ("On the media," "On ensuring access to information on the activities of state and local governments" and others). It seems appropriate not only to generalize these norms but also to include other ones developing this institution within the framework of a single federal law on the transparency of state authorities in the Russian Federation. The authors believe that we need the measures to improve the effectiveness of the institu-tion of transparency, including, for example, the consolidation of criteria (indicators) of trans-parency of public authorities The study of the principle of transparency of public authorities in the Republic of Crimea shows that the new subjects of the Federation have created legal and organizational conditions for the implementation of the principle of transparency. Though, there are some problems including the lack of developed and accessible telecommunication infrastructure, the orienta-tion of the Crimean providers to Ukraine, formalism in the consideration of citizens' appeals, not always prompt and objective information about the activities of the authorities of the new subjects of the Russian Federation, the need to ensure information security, the development of cooperation between Crimean and foreign organizations in the field of information and communication technologies.


Author(s):  
Robert A. Schneider

Public managers often have a different perspective in comparison to the elected officials with whom they serve. Yet, they are tasked with working side-by-side with these elected leaders on behalf of the public good to govern and lead state and local governments, public authorities and other bodies. This article accepts these two realities as a priori assumptions and examines how elected and appointed officials interact and the varying perspectives and expectations of these groups. Rather than spend excessive energy on a compare-and-contrast exercise of administrative and elected perspectives, this study uses ʼThe Super Friends,“ a childrenʼs cartoon from the 1970s that takes into consideration the varying powers of super heroes as a lens to view and then understand this unique administrator/elected relationship and its challenges.


2021 ◽  
Vol 25 (4) ◽  
pp. 750-767
Author(s):  
Levan T. Chikhladze ◽  
Olga Yu. Ganina

The introduction of amendments to the Constitution of the Russian Federation necessitated a theoretical understanding of the established legal norms after their legislative update. Inclusion in the text of the state basic law of the public authorities concept, which requires its theoretical understanding, is of unconditional interest. To identify the specifics of the position of local self-government bodies in the state mechanism, depending on a particular model of state governance, it is necessary to study the experience of organization and functioning of the state apparatus at various historical stages. The aim of the study is to analyze the concepts of theoretical scientists on the legal nature and role of public authorities in the life of the state and to determine the position of local authorities in the public authority system in connection with consolidation of their unity with public authorities in the basic law of the state. In the process of research, the authors used general scientific methods of analysis and synthesis, as well as specific scientific methods - historical and comparative legal. It is concluded that, despite the novelty of the concept of public authorities in the text of the basic law of the state, conceptually it does not change the basis of the functional interaction of public authorities and local governments. Nevertheless, the normative consolidation of the unity of public authorities in the Constitution of the Russian Federation does not abolish the organizational separation of local self-government and its bodies from public authorities.


2020 ◽  
pp. 113-118
Author(s):  
A.O. Lepeshkin ◽  

Analyzed is the problem of implementing infrastructure projects as one of resources of local governments and authorities in general for high-quality social development. Special attention is paid to studying the impact of infrastructure projects on quality of life of citizens, as well as identifying influence of managerial decisions of authorities on the quality of life in Russian cities. The article concludes, that new sociological studies identifying the pain points of regions and study the public demand for implementation of various types of infrastructure projects can become an additional motivation, and attract attention from public authorities to the issues, raised in the article, and as a result would contribute to creating a comfortable urban environment, as well as improving the standard of living of population.


2020 ◽  
pp. 121-130
Author(s):  
Y.V. Harust ◽  
V.I. Melnyk ◽  
V.V. Mirgorod-Karpova ◽  
B.O. Pavlenko ◽  
Yu.M. Kiiashko ◽  
...  

Since 1991, Ukraine has become a direct recipient of international financial assistance (ITA) in the form of grants, soft loans, investments, international technical assistance, etc. According to the latest data of the Cabinet of Ministers of Ukraine, the volume of international assistance to Ukraine during the years of independence amounts to 44 billion dollars and more than 15.6 billion euros. However, no Ukrainian agency provides generalized data on which channels, in which periods and how much international assistance was transferred to Ukraine. And there are no concrete results of using such assistance in Ukraine. This article analyzes the results of the effectiveness of the use of international technical assistance in Ukraine. The purpose of the analysis: assessment of administration, involvement, accounting, transparency, efficiency of use, organizational support of the use process, implementation of state control and further consequences for Ukraine from the received international technical assistance for the period 1991 - 2020. Subject of analysis: agreements on the provision of international technical assistance; reports on the implementation of agreements by the participants in the implementation of the agreement on ITD in Ukraine (donor, beneficiary, recipient, executor) during 1991-2020; information from any sources on the implementation of ITD projects; data from the unified register of projects implemented in Ukraine using the resources of international financial organizations and international technical assistance; available results of monitoring (current and final) implementation of international technical assistance agreements on projects implemented on the territory of Ukraine. Objects of analysis: Ministries and other state institutions and agencies of Ukraine, which are beneficiaries, recipients or executors of the agreement on attracting international technical assistance in our country in the period 1991-2020. Criteria used during the analysis: achievement by public authorities of the results of the obtained ITD results of social, economic, technical nature, etc., in accordance with the planned objectives specified in the application for international technical assistance; availability of reporting for the phased or overall implementation of the agreement on international technical assistance by project participants: donor, beneficiary, recipient, executor; mechanisms for monitoring the implementation of international technical assistance agreements on projects implemented on the territory of Ukraine by public authorities; methods of state, public or other control over the implementation of international technical assistance projects in our country by law enforcement, regulatory, other government agencies and the public; identified abuses during the implementation of ITD projects in Ukraine; further social effect from the implementation of the international technical assistance project in Ukraine; Methods of data collection: analysis of existing in the register of implemented agreements on the provision of international technical assistance in Ukraine during 1991-2020; analysis of reports on the implementation of agreements by the participants in the implementation of the ITD agreement in Ukraine (donor, beneficiary, recipient, executor) during 1991-2020; analysis of indicators of publicly available financial, budgetary and statistical reporting of public authorities and local governments as participants in the implementation of the ITD agreement in Ukraine (beneficiary, recipient, executor) during 1991- 2020; analysis of data from the resources of international financial organizations donors of international technical assistance projects; analysis of the available results of monitoring (current and final) implementation of international technical assistance agreements on projects implemented on the territory of Ukraine; analysis of information from any available information sources on the implementation of ITD projects in Ukraine during 1991-2020.


2017 ◽  
Author(s):  
Daniel Benatov

Our conference is the first project of Student Science Association, which was restored in our University in 1998. The main peculiarity of the conference is the student organizing committee. The conference was attended by representatives of Russia, Belarus, Sweden, Poland, Bulgaria, Armenia, Azerbaijan, Czech Republic, Lithuania, Latvia, Georgia, Iran, not mentioning hundreds of Ukrainian participants. We’re happy with the fact that our conference allows students to discover new information, which they wouldn’t find in training courses manuals; contrariwise businesses and organizations can get direct access to young and qualified staff. We believe that events like our conference are useful for the young scientists and also for the public authorities and businesses. Conference "Ecology. Human. Society "is a part of feedback between universities and market participants. The conference has overgrown limits of being simple educational process element. Today, it is a serious recruiting resource for state institutions and businesses - an important part of a mutually beneficial dialogue.


2020 ◽  
Vol 26 (11) ◽  
pp. 2501-2523
Author(s):  
V.V. Smirnov

Subject. This article discusses the issues related to public finance. Objectives. The article aims to identify the determinants, indicators, and priorities of the public finance flow in contemporary Russia. Methods. For the study, I used the methods of statistical, neural network, and cluster analyses, and the systems approach. Results. The article identifies and describes the determining indicators of the main aggregates and balances of public finance, sources, and the use of funds. It establishes a link between the main aggregates and balances of public finance, defining the form and content of Russian capitalism. Conclusions. Understanding the issue and problem of public finance flow in contemporary Russia helps identify the reasons for the inability to transit to a capitalist socio-economic formation. The provisions of the study expand the scope of knowledge and develop the competence of public authorities to make management decisions on the distribution and redistribution of the value of a public product and part of the national wealth.


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