Current model of the state executive service in the system of public authorities of Ukraine

2021 ◽  
Vol 28 (2) ◽  
pp. 105-113
Author(s):  
Petro V. Makushev ◽  
Аndrii V. Khridochkin ◽  
Hanna O. Blinova ◽  
Oleksandr V. Taldykin
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Current Model ◽  
The State ◽  
Mixed System ◽  
Theoretical Justification ◽  
Public Authorities ◽  
Problem Situations ◽  
Functional Features ◽  
Theoretical Foundations

The relevance of the problem under study is due to the need for theoretical justification of the place of executive proceedings in the modern legal system of Ukraine and the functions of the state executive service to protect the rights of citizens and legal entities, as well as the interests of the country. The purpose of the article is to develop a modern model of administrative activity of state executive service bodies. The leading research method for this problem is modeling, which allows us to consider this problem as a focused and informed process of reforming the existing system of executive proceedings in Ukraine. The article presents the main causes of problem situations in executive proceedings and offers comprehensive ways to solve them, based on the structure of the modern state executive service, creating the theoretical foundations of executive proceedings and making specific amendments to the current legislation. The article clarifies the principles, functions and powers of the state executive service in Ukraine, as well as defines the functional features of the administrative activities of the state executive service bodies and discloses the contents of the administrative-legal status of the state executor in a mixed decision enforcement system. In Ukraine is not yet comprehensive research on state executive service in Ukraine in a mixed system of decision-making, with emphasis on the peculiarities of its reform in the present period and the formulation of the Concept. This determines the relevance of this study, its scientific and practical value

scholarly journals A COMPARATIVE STUDY OF THE EFFECT OF GLOBALIZATION ON IRAN'S SOCIAL DEVELOPMENT IN TWO KHATAMI’S AND AHMADINEJAD’S ADMINISTRATIONS

2019 ◽  
Vol 8 (15) ◽  
Author(s):  
Farzaneh Sayfouri ◽  
Seyyed Amir Masoud Shahram Nia ◽  
Abbas Hatami ◽  
Seyyed Javad Emamjomeh Zadeh
Keyword(s):  
Comparative Study ◽  
Social Development ◽  
Growth And Development ◽  
Research Method ◽  
Model Development ◽  
Social Contexts ◽  
The State ◽  
Internal Environment ◽  
Independent Variable ◽  
Theoretical Foundations

Globalization and social development, as two independent and interactional discourses in this paper, have been investigated using the globalization indicators in two Khatami’s and Ahmadinejad’s administrations. Thus, the independent variable of globalization, and the dependent variable of the state of social development of Iran are compared in the two periods of 1997-2005 and 2005-2013 with the different approaches adopted in the two administrations. The research method is comparative. The research hypothesis is that based on valid statistics, both administrations have been on the path to social development, but Khatami's approach was based on global reformism, and Ahmadinejad's approach was based on indigenous and local thoughts. In terms of theoretical foundations, we have used the generalization model of political-social development. According to this model, development priorities are different in countries with different political and social contexts. Social globalization grew as much as 8.86 in the Khatami’s administration, and up to 4.89 in Ahmadinejad's administration. Therefore, the administration type is related to the extent of globalization, and globalization has contributed to the growth and development of social development. It also has provided a platform for the continuation of studies of this trend in a different way, with regard to the states and the internal environment of the countries.

scholarly journals Samorząd zawodowy i gospodarczy w Polsce po 1989 roku

2018 ◽  
pp. 49-58
Author(s):  
Robert KMIECIAK
Keyword(s):  
Legal Status ◽  
Central Government ◽  
Public Law ◽  
Transformation Process ◽  
The State ◽  
Public Authorities ◽  
Civic Society ◽  
Governing Body ◽  
Professional Self ◽  
Decentralization Reform

One of the greatest achievements of the socio-political transformation process in Poland is the profound decentralization of public governance. In administrative law, decentralization is perceived as a system with a larger number of independent hubs, vested with competences in terms of public law, and a single center. Therefore, decentralization is a process of delegating certain public functions which formerly were reserved for the central government to groups of citizens organized in corporations. Although local government exemplifies decentralization it is not a one-dimensional no- tion that refers exclusively to territorial relations. In the system of representation specialized self-government bodies, formed with different criteria, play a highly significant role represen- ting the interests of various groups. They are divided into self-governing bodies focused on the economy and the professions. Formal and legal homogeneity, though, does not translate into the appropriate political position of these two forms of self-governing bodies in Poland. While the professional self-governing body is clearly an association governed by public law, the so-called economic self-governing body is based on concepts that emphasize the volunta- ry nature of the ties between entrepreneurs, associated in chambers of commerce. The differences in their legal status and the resulting powers bear no influence on the fact that both economic and professional self-governing bodies are now facing equally serious threats in Poland. In both cases these are related to how the state approaches the extra-territo- rial form of decentralization. We can speak of different motivations here. The state, or rather the state administration, is excessively interested in the professional self-governing bodies and is curbing the autonomy they have traditionally been vested with. The situation is quite different with respect to the economic self-governing bodies, where the public authorities are scarcely interested in becoming involved in supporting them. It should be realized then, that the success of Polish decentralization reform will only be complete when all forms of self-government develop harmoniously irrespective of the rela- tions between their members, whose empowerment will serve democracy and strengthen civic society.

scholarly journals 25 YEARS OF THE CONSTITUTION OF UKRAINE: RESULTS AND FURTHER PROSPECTS

2021 ◽  
pp. 68-73
Author(s):  
O. Martselyak
Keyword(s):  
Legal Status ◽  
State Building ◽  
The State ◽  
Governance System ◽  
Public Authorities ◽  
Scientific Methods ◽  
Legal Document ◽  
System Improvement ◽  
Law Making

The purpose of the article is to analyse the role of the Constitution of Ukraine in the state-building and law-making processes and to study the problem of necessity and directions of its improvement. The methodological basis of the work is a set of general and special scientific methods. It is based on the philosophical method of dialectics. Methods of recognition such as logic-semantic, system-structural, formal-legal, comparative-legal and other methods of recognition of processes and phenomena are used for the purpose of work. The article emphasizes that the adoption of the Constitution of Ukraine in 1996 marked an important stage of the national state building, which legally defined the transformational transition of Ukraine from totalitarianism to democracy. It is noted that the Constitution of Ukraine, as a legal act of supreme legal force, has been the legal basis for the formation of Ukraine as a democratic, legal and social state and has become a political and legal document of a programme character, which directed Ukrainian society and public authorities to appropriate democratic reforms in the field of the state-building and law-making processes. It is noted that a number of political, social, economic and legal factors put on the agenda the issue of constitutional reform in our country, which should aim at achieving the European level of socio-economic development, modernization of the existing governance system, improvement of public authority and the legal status of citizens.

scholarly journals Theoretical Justification of the Dermatoglyphics Use As Basic Identification Method

2021 ◽  
Vol 28 (1) ◽  
pp. E202116
Author(s):  
Oleksandr Dunayev ◽  
Igor Gunas ◽  
Oksana Popadynets ◽  
Ruslan Kozoviy ◽  
Elvira Kindrativ
Keyword(s):  
Research Method ◽  
The State ◽  
Theoretical Justification ◽  
Holistic View ◽  
Identification Method

The article analyzes the main literature sources providing a holistic view of the state and issues of studying the issue related to the possibility of using the dermatoglyphic research method for identification purpose; it is about external recognition, behavioral, psychological identification. The main directions of application of the dermatoglyphic method, providing the study of this issue, are highlighted. Problematic issues related to the areas of application of the dermatoglyphic method have been studied and further prospects for its study have been outlined.

scholarly journals INDEPENDENT INVESTIGATIVE BODIES ON THE TERRITORY OF THE FORMER SOVIET UNION: COMPARATIVE STUDY

2017 ◽  
pp. 0-0
Author(s):  
Леонид Берлявский ◽  
Leonid Berlyavskiy ◽  
Владимир Расчетов ◽  
Vladimir Raschetov
Keyword(s):  
Soviet Union ◽  
Social Relations ◽  
Former Soviet Union ◽  
Legal Status ◽  
Preliminary Investigation ◽  
Civil Liberties ◽  
Legal Regulation ◽  
The State ◽  
Criminal Proceedings ◽  
Functional Features

An article describes reasons of formation on the Territory of the Former Soviet Union of independent preliminary investigation bodies in the form of investigative committees. A comparative research was carried out on the ground of investigative committees in Belarus, the Pridnestrovian Moldavian Republic, the Russian Federation and the Republic of Armenia, their purposes, organization and functional features, determined by the specifics of national criminal justice systems. Additionally their similarities and differences were describes. The author defines the place of such bodies in countries’ state mechanism and the their possible development trends. Historically along with other measures of protection of the the rights and freedoms of a person exist criminal-legal regulation of social relations and crime prevention through early prevention, detection, prevention, suppression, disclosure and investigation of crimes in criminal proceedings, which includes preliminary (pretrial) investigation of crimes. The most complicated categories among them is carried out in the form of preliminary investigations by specially authorized investigative authorities. The efficiency and effectiveness of the performance of duties of these bodies depends on the scope of the powers and their legal status in the state mechanism, and, therefore, protection of the protection of human rights and civil liberties. The conclusions based on the study of the period of reasons of formation on the Territory of the Former Soviet Union of independent preliminary investigation bodies may help to improve the state penal policy and develop ways of implementation of state policies in the sphere of enforcement of the Criminal Procedure law.

scholarly journals Coronavirus pandemic as a reason for limitation of human rights and freedoms

2021 ◽  
Vol 5 (2) ◽  
pp. 62-76
Author(s):  
G. A. Vasilevich ◽  
I. Yu. Ostapovich ◽  
E. G. Kalinina
Keyword(s):  
Human Rights ◽  
Information Technologies ◽  
Legal Status ◽  
Sport Activity ◽  
Legal Regulation ◽  
Functional Method ◽  
The State ◽  
National Standards ◽  
Public Authorities ◽  
The Right

The subject. The article analyzes the phenomenon of the COVID-19 pandemic and its impact on the human rights and freedoms. It emphasizes that some information about the corona-virus infection was available several decades ago. At the same time, the specialists unfortunately weren’t ready for the possible mutation of this virus, which has now exposed a large-scales threat to the population of the whole world.The purpose of the article is to identify the problems of the implementation of the citizens’ rights and offer proposals for improving the Russian and Belarusian legislation and the practice of its implementation in the field of combating the coronavirus infection.The methodology. The authors take into account the practice of the European Court of Hu-man Rights and the constitutional control bodies of Russia and foreign countries. They make a conclusion on the legitimacy and necessity of the taken restrictive measures. The article is based on the dialectical method, as well as at the logical, historical, systemic methods. Methods of analysis and synthesis were of particular importance. The authors have applied the functional method to research the main areas for ensuring a reasonable balance of private (individual) and public interests.The main results, scope of application. Modern constitutions, including the Russian and the Belarusian ones, contains the most important principles of the rule of law, enshrine human rights and freedoms as the highest value. Human rights and freedoms continue to be are at the epicenter of many disputes and discussions. The modern system of rights and freedoms is constantly developing; the legal status of a person receives new content as the human civilization develops and the paradigm of values changes. For example, we see how information technology and other advances affect the scope of rights and freedoms. Rights, freedoms and obligations are interconnected and interdependent. All groups of rights are currently in the field of view of international organizations. The problem of equality, the elimination of discrimination, the restoration of violated rights, the assessment of the limits of the state's invasion in human rights and freedoms continues to be relevant nowadays.The article focuses on the international and national standards for the possible restriction of rights and freedoms in order to protect the health of the population. The international law rules on human rights oblige states to take measures to protect health and provide medical assistance to those in need.Conclusions. One of the constant problems is the relationship between the rights of a particular person and the rights of other persons, group or society as a whole and the state. At the same time, the coronavirus pandemic forced the public authorities to determine the balance of the priority of human rights and freedoms or the protection of the life and health of citizens. The coronavirus pandemic is the factor that affects the content of the legal regulation of relations in the field of human rights and freedoms. The measures taken by the state affect the right to health protection, freedom of movement, the right to education, right to have sport activity, right to work, freedom of assembly and others.The article proposes to inform the population more fully about the measures taken by the state and society in this direction, about the wider use of information technologies, about the possible responsibility for non-compliance with the requirements for the use of per-sonal protective equipment and the self-isolation regime.

Historical and legal aspect of the formation and development of positive law

2020 ◽  
pp. 56-61
Author(s):  
Roman Lutskyi
Keyword(s):  
Legal Status ◽  
Legal Aspect ◽  
Legal Regulation ◽  
The State ◽  
Customary Law ◽  
Social Regulation ◽  
Public Authorities ◽  
Economic Relations ◽  
Positive Law ◽  
Wide Range

Description: The article is aimed to attract the attention of not only theorists, but also historians of the study of law to the fact that the latter began its evolution from «custom». It is the latter that is based on worldview recognition and submission. It was closer to justice, and therefore met the ideas of the ideal of the law as the supreme good; it provides peace, order and mutual understanding. Methodology: The research methodology is based on the principles of historicism, systemicity, scientific character, interdisciplinarity. The following methods were used: historiographic analysis, historical and genetic, terminological analysis, comparative, typological. Based on a wide range of published and substantiated studies in the field of principles of the formation of law, the authors systematized and scientifically proved the formula of causal relationships, which ultimately made a decisive influence on the development of positive law. Results: According to the authors, the current legislation, as well as the formation of the state, has passed a significant historical path of its formation and development from the primitive custom to the positive law sanctioned by the state. Moreover, in the early states, custom prevailed even with persistent and constantly strengthened attempts by public authorities to influence the legal status of society and dominate it through the judicial and administrative apparatus. This, in turn, ensured a gradual combination of various forms of legal regulation originating from society and the state. The very origins and foundations of the current legislation can be found even in the social regulation of primitive society, which was carried out with the help of customs, taboos, morality, and the like. Moreover, the basic principles of customary law as the first form of positive law were mythological and religious principles, which were also developed and supplemented in the further development of its forms. The sources of the current legislation which reflect the historical beginning of its gradual formation and development are different in certain spatial and social dimensions. As for the current legislation, it arose in the context of the gradual and prolonged formation of a socially heterogeneous society, as well as the development of social and economic relations. At the same time, the theoretical and historical conditions for the emergence of officially established modern legislation are formed through the list of social interests of strata close to the state apparatus. These circumstances made it possible to make managerial decisions that would better protect their property rights and opportunities, and helped them in the institute of positive law, which was generally binding for the whole society.

scholarly journals Peculiarities of legal regulation of port dues administration in Ukraine

2020 ◽  
pp. 184-189
Author(s):  
Olga Semchyk
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
National Commission ◽  
Legal Basis ◽  
Public Authorities ◽  
Legal Nature ◽  
Legal Mechanism ◽  
And Control

The article highlights the issue of legislative consolidation and implementation of the powers of public authorities and other entitiesin the field of port dues in Ukraine. The imperfection of the legal support of management activities in this area is manifested in thefact that special legislation in the legal mechanism of port dues provides for the presence of a specially authorized body – the nationalcommission for state regulation in the field of transport. Such a commission should ensure the establishment of the rates of port fees,approval of the methodology for their calculation and control over the targeted use of funds from such fees. At present, the absence ofa national commission, as well as the absence of a legislative act that determines the legal basis of its activities, leads to inadequate provisionof the port collection process by the state. This is claimed, in particular, in the contradictions in determining the legal nature ofport dues, the lack of justification for their rates, as well as the lack of mechanisms to control the targeted use of funds from such payments.Due to the fact that the laws do not contain a provision stipulating that the procedure for organizing the activities of a national commission is determined by a separate special law, there is also the problem of uncertainty about the legal status of such a commission.According to the current legislation, the legal basis for the activities of the national commission in the field of transport as a centralexecutive body must be determined in accordance with the legislation on central executive bodies, namely: at the level of the relevantregulation approved by the Cabinet of Ministers.

scholarly journals Foreign experience in ensuring the economic security of the state

2020 ◽  
pp. 131-136
Author(s):  
V.V. Mirgorod-Karpova ◽  
D.V. Murach
Keyword(s):  
Current Model ◽  
Economic Security ◽  
The State ◽  
Public Authorities ◽  
Foreign Experience ◽  
Doing Business ◽  
Foreign Countries ◽  
Economic Forces ◽  
To Come ◽  
Legal Mechanism

The article highlights the experience of foreign countries in ensuring the economic security of the state. The main part of the work is devoted to the analysis of different models of government agencies to ensure the economic security of different countries. In the current conditions in which Ukraine finds itself, such as the severe economic crisis, the coronavirus pandemic, high levels of corruption and others, there is an urgent need for a rational and prompt response by the authorities to such obstacles to stability. Especially today, when due to the pandemic of coronavirus infection, which has caused unfavorable conditions for doing business and normal employment, the issue of mobilization of all economic forces to bring the country out of crisis is relevant. Potentially, such obstacles could significantly weaken Ukraine's economy for many years to come. The authors of the article propose to overcome this problem, to explore foreign models of bodies that provide financial and economic security. Thus, the key subject of research will be various foreign bodies that ensure the economic security of the country and doctrinal sources that cover the improvement of the current model of economic security in Ukraine and the world. Therefore, to ensure the appropriate level of economic security of Ukraine, it is necessary to conduct a comprehensive study of foreign experience in this area in order to attract and implement in national legislation certain ideas that may further positively affect the state of the national economy. The paper pays special attention to the introduction of a single law enforcement body to ensure economic security in Ukraine. Some opinions of legal scholars on the need to introduce such a body and the implementation of foreign experience in Ukraine are given. The authors pay special attention to the experience of the Financial Guard of Italy and the administrative and legal mechanism of its interaction with other public authorities.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

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