scholarly journals Modernization Issues of Staffing the Penal Enforcement System in the Context of Formation of an Administrative Constitutionalism Doctrine in Modern Russia

2021 ◽  
pp. 896-903
Author(s):  
Roman Nagornykh ◽  
Yana Vasil'eva ◽  
Nataliya Mel'nikova

Introduction: today the state policy in the sphere of public service and PES staffing is focused on providing penitentiary institutions with competent and skilled specialists capable of performing state tasks in the field of execution of criminal penalties in difficult conditions. The processes of formation and development of the staffing system, meeting modern needs of the state and society development, are due to a variety of political, social, economic, legal and organizational factors that have both external and internal effects on its functioning. Neutralization of negative factors is possible only by increasing the efficiency of management activities in the PES as a whole and staffing in particular. The purpose of this article is to identify key directions for elaboration of administrative legislation in the field of public service and staffing the penal enforcement system in the framework of a new stage of constitutional transformations in modern Russia. The methodological basis of the work is formed by general scientific and private scientific (logical-legal, comparative-legal, descriptive, content analysis) methods of cognition of legal reality. Conclusions: the proposed directions for the formation of a theoretical doctrine of public service and PES staffing on the basis of integrative legal understanding of processes and phenomena of social development, improvement of administrative legislation on public service in the PES through its further constitutionalization, development of personnel policy through the adoption of the Concept for personnel policy in the penal enforcement system will lead to a systematic change in the mechanism of staffing the penal enforcement system, strengthening its resistance to countering threats of a criminal nature, and enhance performance of penitentiary institutions in general. The scientific and practical significance of the work consists in substantiating practical proposals for improving current administrative legislation in the field of public service and PES activities.

Author(s):  
Alla Stechyshyn

Purpose. The purpose of the article is to highlight the main stages and factors that influenced the state-legal views of K. Levitsky. Method. The methodology includes an analysis of the narrative base as well as the epistolary heritage of K. Levtsky, with further generalization and formulation of relevant conclusions and recommendations. For the objectivity of the study, a set of general scientific, special-legal, special-historical and philosophical methods of scientific cognition, as well as the principles of objectivity, historicism, systematicity and comprehensiveness were used. Results. It is established that K. Levytsky has made a lot of important cases for the development of Ukrainian public organizations and the creation of individuals and legal entities of rural entrepreneurship, and in a number of his developments of the norms of electoral, civil, tax law he made many amendments and achieved their adoption in the parliament, which greatly facilitated the lives of Galician Ukrainians. The main content of his educational, social, economic, political, advocacy and parliamentary activity was to ensure that the Ukrainians of Eastern Galicia did not stiffen in their ethnographic self-identification, did not stop in their political national self-awareness, but rose to the legal understanding of the ways of building the Ukrainian-democratic national liberation European model. Scientific novelty. The article highlights the objective and subjective factors influencing K. Levitsky's views on the state and law, his advocacy and parliamentary initiatives within the walls of the imperial parliament. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.


Author(s):  
В Шайхатдинов ◽  
V Shayhatdinov ◽  
Валентин Агафонов ◽  
Valentin Agafonov ◽  
Леонид Вахнин ◽  
...  

The textbook deals with the main issues of the course "State and municipal service": General issues of state and municipal service, sources of law governing the state and municipal service, positions of state and municipal service, the legal status of state and municipal employees, issues of combating corruption in the state and municipal service, admission, passage and termination of state civil and municipal service, features of legal regulation of civil service in certain state bodies, military service, public service of other types, social protection of state and municipal employees, personnel work and personnel policy in the civil and municipal service, management of state and municipal service.


Author(s):  
Liubomyr Ilyn

Purpose. The purpose of the study is to establish the authenticity and legal grounds for the application in relation to the state formation that existed in Galicia and Volhynia in the XIІ – XIII centuries. Names principality or kingdom. Methods. The methodological basis of the study was a set of general scientific, special scientific and philosophical methods, as well as the principles of historicism and objectivity. The key method was historical retrospective and comparative approach, which allowed determining the features and etymology of the concepts of «state», «kingdom», «principality». Results. It is established that there are approaches in the Ukrainian historical and legal nation to the name of the state formation that existed in Galicia and Volhynia in the XII-XIV centuries. – «principality», «kingdom», «state», is evidence that this issue is poorly understood and requires detailed attention of scientists. First, it is advisable to streamline both the terminology and approaches to understanding the key stage of nation building. It is stated that the established practice of simultaneous and parallel application of the terms Galicia-Volyn principality, Galicia-Volyn state and even the Kingdom of Rus, does not rely on existing legal, political and historical circumstances. Their use is usually in the form of synonyms, which is not entirely correct from a scientific point of view. In this case, the authoritative titles of «king» and «prince» are equivalent, and their formal difference is the symbol of power – the crown, because there is no reliable information about a similar element of power in Russia. Scientific novelty. The analysis of etymological and scientific approaches to the concepts «Galicia-Volyn principality», «Galicia-Volyn state» and «Kingdom of Russia» is given, the legal bases of application of each of them are defined. Practical significance. The results of the study can be used in further historical and legal research, preparation of special courses.


Author(s):  
Serhii Cherniavskyi ◽  
Oleksandr Dzhuzha ◽  
Viktoria Babanina ◽  
Yuriy Harust

The relevance of the study: The relevance of this article is due to the fact that ensuring economic security is a guarantee of stable growth of the state and improving the welfare of the population. The purpose of the study: The purpose of the article is to conduct research on the legal basis for the functioning of economic security of the state and the activities of law enforcement agencies in the field of economic security. Research methods: Leading research methods are general scientific and special research methods, including methods of logic, analysis, comparison, etc. The results of the study: The results of this study are a comparative legal analysis and determination of a proposal to implement the positive experience of EU countries in the field of ensuring the economic security of Ukraine. Practical significance of the study: The significance of the obtained results is reflected in the fact that this study can serve as a basis for outlining future changes to the current legislation of Ukraine on effective economic security of Ukraine


2021 ◽  
Author(s):  
Maryna Aleksandrova ◽  
◽  
Vita Dovgaliuk ◽  

The article reveals the essence of tax control and establishes the relationship between taxpayers and regulatory authorities. The purpose of the article is to substantiate the theoretical provisions and develop practical recommendations for the development of tax control in Ukraine. The methodological basis is a set of general scientific principles, methods of scientific knowledge, methods and techniques used in the research process. The peculiarities of the formation of tax relations were revealed and the interest of both parties in the conflict-free existence of economic interests was established. Also considered tax control from the standpoint of the source of tax risks for each of the subjects of taxation, considered the features of the response of taxpayers to tax risks in the event of changes in tax control procedures. The analysis of the effectiveness and efficiency of tax inspections indicates that the receipt of accrued and agreed with taxpayers monetary liabilities is not complete, which negatively affects the amount of revenues to the revenue side of the budget and overspent resources of the state and taxpayers for such controls. The control and revision measures were carried out, which were carried out and aimed at identifying and working out the facts of violation of the current legislation related to legalization (laundering) of proceeds from crime and other offenses. As a result of the study, it was noted that the effective organization of tax control should help reduce the tax risks of the state and taxpayers, and, accordingly, by reducing tax offenses, and increase tax revenues to the state budget. The practical significance of the obtained results lies in the possibility of implementing conclusions and proposals on theoretical, organizational and methodological support for the development of tax control through the use of new digital technologies and other tools for monitoring the completeness of tax liability of taxpayers. The use of the results is possible in determining the further directions of development of tax control in the context of digitalization, in the development of methodological support for control measures during the implementation of all forms of tax control.


Author(s):  
S. Sharap

The purpose of the paper is to summarize scientific approaches to the definition of the content of the concept of "personnel policy"; determine the types of personnel policy and peculiarities of the state personnel policy and personnel policy in the State Border Guard Service of Ukraine. The analysis of problems of formation of the state personnel policy in law-enforcement bodies is made, since the security of the state depends on the quality of personnel potential. Novelty is the author's definition of the concept of "personnel policy in the State Border Guard Service" in the broad sense is a complex of legal, organizational and managerial decisions and socio-psychological measures aimed at the formation of the necessary human resources and ensuring their effective work on solving tasks entrusted to the SBGS. In the narrow sense, we propose to understand the personnel policy of the State Tax Administration in the form of a complex of adopted state decisions regarding the provision of SBGS by highly skilled specialists through the implementation of a set of scientifically based methods of work with personnel. The practical significance of the research results is that they can become the basis for further scientific and theoretical research of personnel policy.


2018 ◽  
pp. 106-126
Author(s):  
O. V. Anchishkina

The paper deals with a special sector of public procurement — G2G, in which state organizations act as both customers and suppliers. The analysis shows the convergence between contractual and administrative relations and risks of transferring the negative factors, responsible for market failures, into the administrative system, as well as the changing nature of the state organization. Budget losses in the sector G2G are revealed and estimated. There are doubts, whether the current practice of substitution of market-based instruments for administrative requirements is able to maintain integrity of public procurement in the situation of growing strategic challenges. Measures are proposed for the adjustment and privatization of contractual relations.


Author(s):  
Liubomyr Ilyn

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.


Author(s):  
Adam Bodіuk

The subject of the study is the mechanism for determining the fiscal fee forthe main transportation of hydrocarbon goods as a resource concept. The purposeof this article is to justify the nature and prospects of using, instead of currentrent, hydrocarbon fiscal-main income as a fiscal payment, which is brought intothe state budget by operators of the main hydrocarbon-transport system as business entities for their transportation of hydrocarbons and products of their processing through main pipelines appropriate to the economic requirements. Theresearch methodology is determined by a combination of methods: a) cognition:legal analysis (study of the regulatory framework for the use of rent); b) justification: abstract logical analysis (definition of the concepts of hydrocarbon fiscalmain income); c) generalization (substantiation of conclusions and proposals).Results of work. In the process of analyzing the regulatory legal acts that regulate the use of current annuity as payment to the budget for the main transportation of hydrocarbons, it was established that it is not a tax in the interpretationof PKU, since the essence does not meet the official definition of tax, does notmeet the accepted definition of the concept of rent. The accepted nature andmechanism of paying rent for the transportation of hydrogen resources and associated revenues of the state and users of the main hydrogen transport systemand the unpromising nature of its use as a fiscal payment are analyzed. Conclusions.It is proposed that the state pay for the territorial pumping of hydrocarbon resources according to our triple principle as hydrocarbon fiscal-main income, whichcorresponds to its essence, and accordingly change the mechanism for calculatingand depositing funds to treasury accounts. Since the funds come to the revenueside of the state budget, that is, inherently belong to state revenue. The creationof such a mechanism needs certain studies, justifications and government decisions. The same applies to land use, since the quality indicators of soils, wherethe laid pipelines are territorially different. In addition, there is a process ofchanging land for its intended purpose, for the property. The fee for movinghydrocarbon resources should be calculated depending on the type of transport,including pipelines, for a set of indicators: quantity and quality of goods, time,main tariffs and distance of its movement. The amount may be adjusted usingfactors officially established by the CMU. Since the pipelines are located in territorial lands, part of this fee should be transferred to the territorial local budgets.Theoretically, the economic use of trunk pipelines should be considered as a typeof economic environmental management. Therefore, this type of government revenue should be determined by a set of indicators, as well as taking into account the economic interests of business entities authorized by the CMU. Thus, theimplementation of our proposed fiscal payment is relevant, has scientific noveltyand promising practical significance, therefore, for state recognition it is proposedto include it in the Tax Code of Ukraine.


2018 ◽  
Vol 2 (3) ◽  
pp. 427
Author(s):  
Dewi Kania Sugiharti ◽  
Muhammad Ziaurahman ◽  
Sechabudin Sechabudin

Universities that apply the concept of Public Service Agency (BLU - PK PTN ) in performing functions as an organ which is engaged in the service infrastructure support through goods or services . As an institution under the auspices of the government and the state budget receives PTN PK - BLU implement mechanisms to acquire goods or services in accordance with the law. However, the procurement process in obtaining goods or services sometimes poses problems that arise as a consequence of the passage of the procurement of goods or services involving the organs in it as PA / KPA , KDP , ULP , and Committee / Receiver Procurement Officer. Rector of the KPA in PK - BLU PTN has the authority to control the organs that carry out the process of procurement of goods / services in the environment . Errors in the procurement process of goods / services performed by the CO and the ULP / Procurement Officer causing state losses due to these errors, either due to negligence or unlawful acts. As the KPA in the process of procurement of goods / services Rector can control the organs in accordance with the authority given. The consequences are acceptable if the authorities ultimately the procurement of goods / services did not heed the warning Rector officials related procurement process of goods / services will receive sanctions. Keywords: Authorized Budget, Financial State.


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