The concept and features of customs and service relations

2021 ◽  
Author(s):  
Anna Kolisnyk
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Developed Countries ◽  
Legal Regulation ◽  
Main Body ◽  
Body Development ◽  
Service Activities ◽  
New Type ◽  
Legitimate Interests ◽  
Service State

Problem setting. In the article the authors analyse сustoms legal relations as one of the types of legal relations which have exclusive value in the field of implementation of public administration by customs bodies and observance of legality in our state. And although this type of legal relationship is only at the stage of formation and development, the study of this issue is becoming increasingly important, as in many developed countries «a service state» has already been formed, and it is one of the indicators of economic development of such a country. Target of research. The purpose of the study is analysis and study of such a special type of customs relations as customs and service relations, highlighting their main features. Analysis of recent researches and publications. The following scientists studied the issues of administrative and legal regulation of public service activities in Ukraine: Averyanov V. B., Kurylo V. I., Shopin I. M., Komzyuk A. T., Gaponyuk O. O., Zhuravel Y. V. and others. Article’s main body. Development of Ukraine as a service state involves the emergence of new types of legal relations. In particular, the emergence of customs and service relations is due to the fact that the customs policy of our country is going through processes of modernization and approximation to the standards of leading European countries. Customs policy is implemented by the system of executive authorities in accordance with sectoral competence, in exercising their powers, they should take into account that in the service state, the executive authorities must first ensure the implementation of the rights of citizens and representatives of foreign economic activity. At the same time, the direction of activity should change, as in the new type of state the customs authorities should provide not so much a control as a service function. Public service activities in the customs sphere are the activities of customs authorities in the field of public administration, related to the provision and realization of the rights, freedoms and legitimate interests of individuals, which is carried out by providing services to such persons. Customs and service relations are legal relations that arise in connection with the exercise of their powers by the customs authorities, in particular, when they provide services at the request of the consumer of service services, which are governed by customs legislation. Conclusions and prospects for the development. The issue of customs relations in general is not sufficiently studied in our country. This indicates the relevance and prospects of its study. In order to effectively implement and develop a service state, it is necessary to enshrine at the legislative level the concept of development of such a state. In this concept it is necessary to fix step by step, what reforms need to be carried out, what changes to introduce in the legislation, what institutes to implement and so on. This concept will help to create a truly service state in our country, focused on ensuring the rights and freedoms of individuals.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

scholarly journals Components of good information and analytical support to public administration of regional development

2021 ◽  
Author(s):  
T. Melnyk
Keyword(s):  
Regional Development ◽  
Public Administration ◽  
Good Governance ◽  
Local Level ◽  
Legal Regulation ◽  
Main Body ◽  
Individual Element ◽  
Good Information ◽  
Quality Of Information

Problem setting. Effective public administration of regional development is essential for raising the living standards of citizens. In modern conditions, new requirements are put forward to the system of regional management. In addition, the limited resources available for this, as well as the novelty and complexity of socio-economic problems, force us to focus on new factors in the effectiveness of public administration of regional development. A significant part of the problems in this context are related to legal regulation, financing, staffing, the interaction of public and private sectors, the use of new management technologies, information and analytical support. Although all types of support to public administration are important and interconnected, but the information and analytical support allows us to determine the appropriate mechanisms and how they are used to achieve goals, what factors of regional development to focus on. Therefore, the quality of information and analytical provision is an important prerequisite for the effectiveness of the entire system of regional development administration. Recent research and publications analysis. The works of foreign and Ukrainian scientists are devoted to theoretical and practical problems of information and analytical support to public administration. V. Averyanov, V. Bakumenko, M. Volkova, D. Dzvinchuk, A. Degtyar, O. Karpenko, V. Kuybida, A. Semenchenko, Yu. Surmin and others made a significant contribution to the research. Thus, the works of V. Bakumenko and A. Degtyar are devoted to public administration decisions and factors of their effectiveness, including their information and analytical support. Mechanisms of information-analytical support of public administration bodies were studied by V. Averyanov, V. Kuybida, O. Karpenko. Furthermore, the author also relies on the research by S. Bila, S. Chernov, N. Černiauskienė on the factors of public administration efficiency. As for public administration of regional development, its economic component was studied by M. Volkova, but the issue of its good information and analytical support has not been disclosed by scholars and requires thorough research. Highlighting previously unsettled parts of the general problem. Efficiency and effectiveness, feedback, openness and transparency, accountability are the principles of good governance at the local level among others, abidance with which is possible only if they are provided with information and analytical support. Considering this, the purpose of the article is to determine the components of good information and analytical support to public administration of regional development. Paper main body. Information and analytical support to public administration of regional development includes the use of a set of interconnected methods, measures and tools by which the technologies of collection, selection, transmission, transformation, storage and display of information on the current state, forecasts and development goals of various spheres of life in the region are implemented to make  public administration effective. Assessing whether public administration in Ukraine is effective, scholars and practitioners note that the direct results of administrative work are difficult to quantify, and therefore it is expedient to use indirect indicators, in particular through the assessment of the management system and its elements. Consequently the good quality of information and analytical support to public administration is a transversal factor, which depends on the effectiveness of each individual element, and their interaction, and the effectiveness of the administration system in general. Conclusions of the research and prospects for further studies. Good information and analytical support to public administration of regional development means complying the requirements for making the most effective and adequate administrative decisions. Such support should be provided on a systematic basis, which includes the identification of all its important components  institutional, research, resource and financial, competence, technological and organizational, as was done in this study. Each of these components has its own semantic characteristics and can be used as criteria and a lever for the effectiveness of the system of good information and analytical support to public administration of regional development in the process of building such a system. In this context, it is expedient to study the relevant foreign experience, in particular of the European Union, and it is a subject to further research.  

scholarly journals Advantages and disadvantages of social protection of public service employees

Social Law ◽  
2019 ◽  
pp. 42-47
Author(s):  
V. Gavriluk
Keyword(s):  
Public Service ◽  
Social Protection ◽  
Legal Regulation ◽  
Executive Power ◽  
Service Workers ◽  
Service Employees ◽  
Advantages And Disadvantages ◽  
Current State ◽  
The Social ◽  
Service Activities

The article deals with the social protection of public service workers. The aim is to find out advantages and disadvantages of modern legal regulation of social protection of public service workers. Revealed that the social protection of public service workers varies depending on the category of such employees and the direction of public service activities. The paper highlighted the need for improved social protection for public service employees by creating common and uniform rules of law on the principles and criteria for providing such protection. Discussed in the article advantages and disadvantages of the current state of social protection of public service workers can be used as the basis of strategy to improve the work of legislative and executive power in Ukraine.

scholarly journals THE DETERMINATION OF TASKS OF PUBLIC ADMINISTRATION BODIES IN PUBLIC SERVICE ACTIVITIES IN THE FIELD OF URBAN PLANNING

2020 ◽  
Vol 1 (9) ◽  
pp. 138-141
Author(s):  
Olena Omelyan ◽  
Keyword(s):  
Urban Planning ◽  
Public Administration ◽  
Public Service ◽  
Local Governments ◽  
Electronic System ◽  
Living Environment ◽  
Transport Infrastructure ◽  
Public Authorities ◽  
Service Activities ◽  
Legal Entities

The article is devoted to topical issues of public administration tasks in the implementation of public service activities in the field of urban planning. The author notes that the analysis of the types of administrative services provided to entities (individuals and legal entities) determines the low level of development and some uncertainty in the regulations for the provision of such services. It is noted that the service state is formed from a number of important and interconnected elements, one of which is its social purpose, which is manifested in the activities of public authorities in the process of providing public services. The article defines urban planning activity as a system with polysubjective composition, as it is a purposeful activity of state bodies, local governments, enterprises, institutions, organizations, citizens, associations of citizens to create and maintain a full living environment, which includes forecasting development settlements and territories, planning, construction and other use of territories, design, construction of urban planning facilities, construction of other facilities, reconstruction of historic settlements while preserving the traditional nature of the environment, restoration and rehabilitation of cultural heritage sites, creation of engineering and transport infrastructure. It is emphasized that when studying the public service activities of public administration bodies, it is necessary to take into account the fact that the improvement of the procedure of its implementation and legislative regulation and regulation has not only service but also law enforcement content. Based on the identified aspects of public service activities of public authorities in the field of urban planning, it is possible to formulate such tasks that should help create appropriate conditions for individuals and legal entities, under which the latter are able to effectively implement and protect their rights guaranteed by law. , freedoms and legitimate interests: development and implementation of effective tools, methods and techniques of service policy in the field of urban planning; introduction of clear mechanisms for the provision of services by public authorities and further implementation of the Unified State Electronic System in the field of construction, etc.

scholarly journals PUBLIC ADMINISTRATION OF MARITIME ACTIVITIES IN UKRAINE: PROBLEMS AND DECISIONS

2021 ◽  
pp. 80-85
Author(s):  
T. V. Averochkina
Keyword(s):  
Public Administration ◽  
Good Governance ◽  
Historical Analysis ◽  
Legal Regulation ◽  
International Standards ◽  
Maritime Industry ◽  
Legal Norms ◽  
Analysis And Synthesis ◽  
The Status ◽  
Service State

The article characterizes the current state and problematic aspects of public administration  of maritime and related port activities in Ukraine. The urgency of the issue is due to the  ongoing crisis in the legal and administrative regulation of these areas. The aim of the article  is to establish optimal models and tools for constructing a new system of public administration  of the maritime industry, taking into account international standards and best practices. The  methodological basis of the research is formed by a system of general scientific and special  legal methods of scientific research (historical, analysis and synthesis, scientific abstraction  and forecasting). The article draws special attention to the fact that the declared revival and  maintenance of the status of Ukraine as a maritime state, the development of its maritime  trade and naval potential can not occur only due to situational changes in response to crisis  events or to accelerate the decision of problems which have not been resolved for decades.  Here, a different, systemic approach to both legal regulation and the practice of implementing  the adopted legal norms should be introduced, a new approach to public administration of  the entire industry. The author classifies measures to overcome the port crisis in Ukraine into  financial, infrastructural and operational ones. It is proposed to repurpose the legal regulation  and law enforcement practices to support public sector entities and seafarers-citizens  of  Ukraine, as well as to simplify formalities in the ports of Ukraine. The relevance of the  concepts of anthropocentrism, service state and “good governance”, taking into account risk  management systems at all levels for the modernization of public administration of maritime  and port activities in Ukraine, is emphasized. The priority is to analyze the steps taken and  systematically update the current maritime and port legislation using a “package” approach to  its development. This approach enables to ensure that the interests of most maritime and port  stakeholders and the state are taken into account and balanced. 

ON THE ISSUE OF PRINCIPLES OF PUBLIC AND SERVICE ACTIVITY IN THE FISCAL SPHERE OF UKRAINE

2017 ◽  
Author(s):  
Volodymyr Kurylo ◽  
◽  
Tetyana Byrkovych ◽  
Sergij Ovcharuk ◽  
◽  
...  
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Small And Medium Enterprises ◽  
Technical Adequacy ◽  
Administrative Services ◽  
Service Activities ◽  
Service Activity ◽  
Information Products ◽  
Medium Enterprises ◽  
Available Information

The article analyzes the public service activities in the fiscal sphere of Ukraine and reveals its basic principles. It is established that modern social processes change the main purpose of the program of activity of subjects of public administration, which determine the service orientation of their functioning. A natural consequence of the development of public service activities is the reorientation of the system of subjects of public administration of the fiscal sphere, which is traditionally considered coercive. It is noted that public service activities in the fiscal sphere consist of a systematic, organized and interconnected mechanism that meets public and individual needs and creates a favorable environment for doing business, improving the development of small and medium enterprises, supporting export growth and simplifying international procedures. trade, increasing the efficiency of the labor market. It was found that the principles of modern public service activities in the fiscal sphere are the obligation to offer, optional use, elasticity of service, ease of service, technical adequacy of service, the principle of mandatory online registration of checks on the SFS server and more. It is concluded that the basis of public service activities and the doctrine of administrative services in the fiscal sphere is activities that will improve the investment climate and contribute to building a stable, transparent market economy of Ukraine. Ensure the creation of a "maximum distance" between the fiscal service and the payer, who must interact with available information products, and not with fiscal officials.

scholarly journals Services Provided by Public Authorities: Features of Legal Regulation in Ukraine and the European Union

2020 ◽  
Vol 9 (31) ◽  
pp. 44-51
Author(s):  
Ihor Volodymyrovych Klymenko ◽  
Dmytro Volodymyrovych Shvets ◽  
Oleh Tsyhanov ◽  
Liudmyla Hennadiivna Mohilevska
Keyword(s):  
European Union ◽  
Public Service ◽  
Public Services ◽  
Legal Regulation ◽  
The European Union ◽  
Public Authorities ◽  
Administrative Services ◽  
Service Activities ◽  
The Impact ◽  
The Eu

The aim of the article is to determine: 1) the essence and content of services provided by public authorities in the European Union and Ukraine; 2) features of legal regulation of public service activities in these countries. To achieve this aim, general scientific and special methods of cognition were used, namely: dialectical, logical-semantic, comparative-legal, methods of analysis and synthesis. The article states that shortcomings in the field of public service have been inherited since Soviet times. The relevance of the European Union experience, where the defining feature of the development of legislation is its focus on ensuring the rights and legitimate interests of individuals in relations with public authority and its bodies, is emphasized. It is noted, that, unlike Ukraine, the European administrative-legal doctrine does not single out a separate legal institution of administrative services, and the category “service” regarding public sector is used in a broader and more flexible sense. It has been established that in the EU the issue of population services is regulated by both primary and secondary legislation. It was found that the legal regulation of public service activities in the EU is characterized by following features: the absence of a codified legal act that would regulate public services of non-economic interest; the impact of judicial practice on legal regulation of relations between public administration bodies and citizens; considerable attention is paid to improving the quality of public services and citizen participation in government decision-making. According to the results of the study, the priorities for the development of the administrative services system in Ukraine include the adoption of the Law (or Code) on administrative procedure and legislation on fees for administrative services (administrative fee).

scholarly journals DOCTRINAL DEFINITIONS OF THE CONCEPT OF "PUBLIC SERVICES"

2021 ◽  
Vol 12 (2) ◽  
pp. 19-25
Author(s):  
Ivanna Lutsiv ◽  
Keyword(s):  
Public Service ◽  
Public Services ◽  
Current State ◽  
Administrative Service ◽  
Legal Nature ◽  
Legitimate Interests ◽  
Definition Of ◽  
The Individual ◽  
Service State ◽  
To Receive

The article deals with the doctrinal approaches to the definition of "public services". The legal nature of the concept is determined and its definition is formulated. The author analyzes the current state of functioning of these services. The current legislation concerning the definition of "public service", "state service", and "administrative service" is investigated. The theoretical developments on the essence of the concepts "service", "public service", and "administrative service" are considered. Public services are a comprehensive and multifaceted phenomenon; they can be examined as welfare services, functions, legal relations, process, object of rights, market. Public services are considered as an activity performing a set of relationships that are implemented in the provision of public services. Public service is a mandatory law enforcement activity, legally established, which refers to the powers of the competent state executive bodies, aimed at exercising the rights or legitimate interests of the individual and legal entity that initiated it, financed from the relevant budget. The purpose of the doctrinal definition of the concept of "public services" will not be implemented effectively if the scientific study of key and related issues of the problem is not elaborated. Since the amendments to the legislation are significant and unquestionable, in the future it is advisable to establish the administrative and legal basis of public services that are not administrative, in the form of a special law. The content of the law shall include the concept of public services that can be formulated by distinguishing between types of publicly significant activities based on the mechanisms of organization of service provision; the composition of participants in legal relations; the recognition of the subjective public right of individuals to receive public services; principles of public services.

scholarly journals Concepts and signs of public administration

2021 ◽  
pp. 220-223
Author(s):  
O.B. Ziboreva
Keyword(s):  
Public Policy ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Important Place ◽  
State Public Policy ◽  
State And Local ◽  
Definition Of ◽  
Service State

The article is devoted to the definition of the concept in the signs of public administration. It was found that the transition from the state-centric paradigm of state administration to the concept of a service state led to the renewal of the conceptual apparatus of administrative law. There was a need to substantiate the essence and characteristics of public administration, with the help of which the goals of the existence of a service state are realized.It is substantiated that the category “public administration” occupies an important place in modern scientific research. Scientists of public administration are mainly considered as: a) a way of realizing public interest as the interest of a certain social community, united within the territory of the state; b) as a mechanism for the implemen-tation of state policy; c) as the activity of public authorities (or state bodies and local self-government bodies) aimed at achieving socially important goals.It has been established that the definition of the concept of “public administration” in a broad sense depends to a certain extent on the level of development of democratic relations in society. If the state is characterized as democratic, then public administration can be defined as professional, paid, funded from the state and local budgets, the activities of state bodies and local self-government bodies, their officials, aimed at ensuring the rights, needs and interests of man and citizen, civil society, subjects objects of entrepreneurial activity and other participants in public relations within the framework of a unified state (public) policy. In a narrow, technocratic, understanding, public administration of any state can be considered as a set of actions of state-authorized bodies and their officials aimed at implementing public policy measures in all spheres of society.It has been proved that the signs of public administration are: a) the relationship between the direction of actions of persons directly carrying out public administration measures and state (public) policy; b) the professional nature of public administration; c) detailed legal regulation of most of the public administration activities; d) the presence of a distribution of competence between various subjects of public administration in order to avoid duplication of their functions.

The problem of development of space law in Ukraine: history and modernity

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Anastasia Korchevskaya
Keyword(s):  
Soviet Union ◽  
Outer Space ◽  
National Level ◽  
Developed Countries ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Space Industry ◽  
The Soviet Union ◽  
Space Law

Problem setting. One of the important achievements of humanity of the twentieth century is the development of outer space, has formed the need for legal regulation of this area of human activity at the international and national level. Ukraine, which at that time was part of the Soviet Union directly participated with other developed countries of the world in the formation of space law. After gaining independence, it joined international documents regulating the use of outer space, and it developed its own national space legislation. The purpose of this work is to analyze the genesis of international space law, its application and development and implementation in the Ukrainian legislation; find out the problems that hinder the full development of the space industry in Ukraine. Analysis of scientific research. The subject of space law has been studied by legal scholars in various aspects. One of the first works of foreign scientists on space law was the study of the Czech lawyer Volodymyr Mandla, the following scientists also made their efforts: Endryu G. Kheyli, L. P. Anufrieva, A.Kh. Abashidze, K.A. Bekyashev. Ukrainian scientists are dealing with the problems of space law: Malisheva N. R., Atamanenko B. A., Biegliy B. A, Perederey R. B., Kudryavchenko O. B., Redchits’ N. E. Article’s main body. The current international situation has raised new questions on the development of the space industry: the delimitation of outer space and airspace, the international legal status of the geostationary orbit, the need for an international instrument to prevent the potentially harmful effects of space activities on outer space and the Earth’s environment. All these problems need to be solved as soon as possible. Conclusions and prospects for development. With the beginning of space exploration in the XX century, Ukraine as part of the Soviet Union took an active part in the development of outer space, with independence the state failed to overcome the systemic economic crisis, which led to stagnation of the space industry, slowed down the development of space law, that in most cases it is used exclusively in international cooperation with more developed countries in the space industry and the launch of a few unmanned space objects. In our opinion, there are the following factors that create obstacles to the successful development of the space industry and research in this area, namely: the state allocates a limited amount of funds for space science, there is a large outflow of scientific personnel abroad; due to the long-term unstable economic situation, foreign investors refuse to invest their funds due to the risks of their loss. In our opinion, only after the settlement of these problems, it will be possible to successfully develop the space industry and further develop space law.

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