scholarly journals ANTHROPOLOGIZATION AND ANTHROPOCENTRISM IN CONSTITUTIONAL LAW AS A BASIC TREND OF DEVELOPMENT AND IMPROVEMENT OF THE CONSTITUTIONAL LEGAL STATUS OF PERSON, PERSONALITY AND CITIZEN

2021 ◽  
Vol 2 (5) ◽  
pp. 75-93
Author(s):  
I.I. Boychenko ◽  
V. V. Humeniuk ◽  
V. О. Boyarsky
Keyword(s):  
Public Administration ◽  
Constitutional Law ◽  
Legal Status ◽  
Local Level ◽  
The State ◽  
Real Relationship ◽  
Level Of Functioning ◽  
Methodological Approaches ◽  
Relationship Of ◽  
Rule Making

The article examines the trends of anthropologization and anthropocentrism in constitutional law, which act as a fundamental trend in the development and improvement of the constitutional and legal status of man, individual and citizen. Emphasis is placed on the importance of these trends through their assistance to the state in meeting the intentions, aspirations, needs, interests, attitudes of man, manifested at the local level of functioning of state-organized society, within the territorial community, in local government and in everyday life through establishment, development and improvement of the constitutional and legal status of a person (individual) and a citizen. It is argued that in the process of implementing the trends of anthropologization and anthropocentrism in constitutional law, the state applies a number of methodological approaches to man (personality) through the development, formation, legalization, application, protection, protection, guarantee and implementation of its constitutional status, namely: a) the constitutional and legal status of a person (individual) and a citizen organically passes into the municipal legal status of a person (individual) and is realized through the phenomenology of municipal human rights; b) an individual approach to each person (personality) that exists and functions in the territory of the state is possible in the praxeological sense – only under conditions of public self-government (municipal) power and the application of municipal legal status of a person (individual); c) the adjustment of public administration and state rule-making should take into account the above paradigmatic guidelines. It is proved that the basis of these trends in constitutional law is the philosophical maxim "man is the measure of all things", which is transformed into a paradigm of management and rule-making activities of the state through the establishment of appropriate constitutional status of man (person) and citizen (including other legal states), foreignness, statelessness, refugees, etc.), which determines the essential aspects of human- state interaction, as well as demonstrates the real relationship of the state to man.

Spatial and Institutional Analysis of the Voivodships Expenditure on Culture in the Years 2003 – 2015

e-Finanse ◽  
2019 ◽  
Vol 15 (3) ◽  
pp. 67-75
Author(s):  
Adam Mateusz Suchecki
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Local Governments ◽  
Local Level ◽  
Institutional Analysis ◽  
The State ◽  
Cultural Institutions ◽  
Location Quotient ◽  
Local Authorities ◽  
National Heritage

AbstractFollowing the completion of the process of decentralisation of public administration in Poland in 2003, a number of tasks implemented previously by the state authorities were transferred to the local level. One of the most significant changes to the financing and management methods of the local authorities was the transfer of tasks related to culture and national heritage to the set of tasks implemented by local governments. As a result of the decentralisation process, the local government units in Poland were given significant autonomy in determining the purposes of their budgetary expenditures on culture. At the same time, they were obliged to cover these expenses from their own revenues.This paper focuses on the analysis of expenditures on culture covered by the voivodship budgets, taking into consideration the structure of cultural institutions by their types, between 2003-2015. The location quotient (LQ) was applied to two selected years (2006 and 2015) to illustrate the diversity of expenditures on culture in individual voivodships.

The Organizational Consequences of Politics: A Research Agenda for the Study of Bureaucratic Politics in Latin America

2016 ◽  
Vol 58 (4) ◽  
pp. 56-79 ◽  
Author(s):  
John Polga-Hecimovich ◽  
Alejandro Trelles
Keyword(s):  
Latin America ◽  
Public Administration ◽  
Latin American ◽  
Research Agenda ◽  
The State ◽  
Bureaucratic Politics ◽  
Comprehensive Survey ◽  
Organizational Consequences ◽  
Research Questions ◽  
Methodological Approaches

AbstractThe study of the bureaucracy in Latin America, within the study of politics, has long been little more than an afterthought. It is assumed to lie in the realm of public administration, distinct from other regional subfields that have increasingly gained the attention of political scientists. As a result, scholars' understanding of Latin American bureaucratic politics is limited. Here, we conduct a comprehensive survey of peer-reviewed articles to evaluate the state of this subfield. We find a thematically, analytically, and methodologically splintered discipline, but a prime one for exploitation and new avenues of research. This article summarizes salient trends in the literature, describes advances in the study of bureaucracy in Latin America, and discusses limitations in this scholarship. It suggests a roadmap for scholars by proposing a series of research questions and recommends a series of analytical and methodological approaches to address those questions.

scholarly journals Pelasgic Encounters in the Greek-Albanian Borderland

2009 ◽  
Vol 18 (1) ◽  
pp. 50-68 ◽  
Author(s):  
Gilles de Rapper
Keyword(s):  
Local Level ◽  
The State ◽  
Official Discourse ◽  
Recent Success ◽  
Ancient Times ◽  
Relationship Of ◽  
The Relationship

In the last ten years, many books and articles dedicated to Pelasgians have been published in Albania, mostly by amateur historians and linguists. These works question the official discourse on the Illyrian origin of Albanians inherited from the socialist era. They also question the relationship of Albanians with Greeks, both in ancient times and in the present. Considering the fact that a significant number of those authors originate from southern Albania and that their books are widely read and appreciated in this Albanian borderland, this article argues that the recent success of Pelasgic theories can be partially explained by the new uses of the border in the post-1991 context and by the state of relations between Albanians and Greeks as experienced at the local level. Imagining the Pelasgians as prestigious ancestors appears as an answer to feelings of inequality and marginality related to new practices of the border.

scholarly journals An anti-corruption value of administrative and legal restrictions of joint work of near persons in justice system

2021 ◽  
pp. 63-73
Author(s):  
Oksana Polna
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Common Good ◽  
Justice System ◽  
The State ◽  
Joint Work ◽  
Public Servants ◽  
The Public ◽  
Legal Restrictions ◽  
Relationship Of

The article focuses on the formulation of an urgent comprehensive scientific thought on the anti-corruption value of the administrative and legal restriction of the closely affiliated persons’ collaboration in the justice system of Ukraine. It is a justified restriction of the citizens’ rights to access professional public service in the justice system, provided by national administrative legislation, to continue public service and to exercise a career in this system, by preventing the conclusion of a service contract, blocking the promotion of persons, if this predetermines about direct subordination to a closely affiliated person; termination of official legal relations with persons who are in a relationship of direct subordination to a closely affiliated person. It is noted that the general anti-corruption essence of the restriction under consideration is manifested in the fact that this restriction appears as a «personnel barrier» for increasing corruption risks in the justice system due to the implementation of personnel policy, as well as a “personnel instrument” for correcting situations when a violation of the corresponding restrictions takes place. Considering the concept and essence of limiting the collaboration of closely affiliated persons in the justice system, the author proves that the anti-corruption value of such a limitation is that it: while restricting the joint work of closely affiliated persons in the justice system, makes it impossible for nepotism as a separate manifestation of corruption to arise in this system; is a real barrier that reduces the dynamics of the spread of corruption and limits its scale (primarily, in the form of nepotism) in the system of public administration subjects in Ukraine in general and in the justice system in particular; contributes to increasing the authority of judges, professional public service in general and the level of respect and trust of society in the judiciary, the state, as well as reducing legal nihilism in society; maximizes positive incentives for lawful behavior of citizens in general and professional public servants in the justice system, in particular; is the actual result of a public demand for a decrease in the level of tolerance to corruption in the public administration system in general and in justice system, in particular. In the conclusions to the article, it is noted that non-compliance with the administrative and legal restrictions on the collaboration of closely affiliated persons in the justice system creates a situation in which the public service bodies in this system are filled with close persons, who may enter into a corruption conspiracy to use the common good and public interest in their own (personal) interests, which is unacceptable because it distorts the purpose of the existence of the state in general and the judicial power, in particular. Keywords: administrative and legal restrictions, anti-corruption value, corruption in the justice system, joint work of closely affiliated persons, justice system, personnel barrier, personnel tool.

scholarly journals Constitutional and legal principles of status of person: some aspects

2021 ◽  
pp. 11-15
Author(s):  
D.M. Byelov ◽  
M.V. Hromovchuk
Keyword(s):  
Biological System ◽  
Constitutional Law ◽  
Legal Status ◽  
Living Organism ◽  
The State ◽  
Moral Life ◽  
Special Role ◽  
Legal Principles ◽  
Rule Model ◽  
Almost All

The article is devoted to the analysis of scientific approaches to determining the constitutional and legal status of a person. The specifics of the norm of the constitutional law of Ukraine in the context of enshrining in it the basic provisions of the constitutional and legal status of a person and a citizen are revealed. It is determined that the primary and one of the most important elements of the system of constitutional law of Ukraine is the constitutional law (from the Latin norma - rule, model). The norms of constitutional law as components of the system of constitutional law of Ukraine in their entirety reflect the essence and content of this branch of law. Given this, they are sometimes compared with cells, as the basis of any living organism, biological system. The content of the legal status of man is determined by all the norms and relations governed by them that arise between the state and man in connection with its actual place in the socio-economic, political and spiritual-moral life of our society. These relations are very diverse, they cover various aspects of life and therefore are governed by the rules of not one, but almost all branches of law. At the same time, constitutional norms play a special role here. Due to their general regulatory nature, they outline the position of citizens not in any one area of activity, but in its main areas. At the same time, they establish only the most essential, fundamental relations between the state and its citizens in connection with their place in the management of public and state affairs, leaving detailed regulation of such relations to the norms of other industries.

scholarly journals SOME ASPECTS OF IMPLEMENTATION OF THE COMPETENCE OF THE AUTHORIZED DIVISION (AUTHORIZED PERSONS) ON PREVENTION AND DETECTION OF CORRUPTION

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 136-145
Author(s):  
О. Б. Піскунова
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Local Level ◽  
Scientific Review ◽  
Public Authorities ◽  
Basic Rights ◽  
High Level

The purpose of the article is that on the basis of the analysis of positions of scientists-administrators and norms of the current legislation it is necessary: first, to find out the meaning of the term competence in activity of public administration bodies issues of prevention and detection of corruption, secondly, to clarify the basic rights and responsibilities exercised by the authorized units (authorized persons) on the prevention and detection of corruption as part of the administrative and legal status of the latter. The relevance of the article is that one of the main problems associated with the high level of corruption in the activities of public authorities is the lack of effective departmental anti-corruption programs. The annual plans to prevent corruption in public authorities are mostly formal and reproduce the provisions of the relevant higher-level acts. The detection of corruption is virtually nullified, as there are no systems for detecting and analyzing the risks of corrupt procedures, and there is a neglect of the implementation of mechanisms for reporting suspicions of corruption and protecting those who report them. The article provides a scientific review. The article provides a scientific review of the positions of scientists on understanding the competence of public authorities. The competence of the authorized unit (s) to prevent and detect corruption is considered from the standpoint of the legally established possibility of implementing the set of rights assigned to the authorized units (authorized person), which contribute to the implementation of anti-corruption legislation in terms of prevention and detection. It is proved that the competence of the authorized unit (s) to prevent and detect corruption is a component of the administrative and legal status of the authorized unit (s) and ensures the implementation of the entire functional spectrum of prevention and detection of corruption at the local level. In order to clearly regulate the competence of the authorized unit (s) to prevent and detect corruption, the article draws attention to the need to make appropriate changes to both legislative and local regulations, which will contribute to the formation of a culture of unacceptable corruption.

scholarly journals Legal space of the state: certain doctrinal principles

2021 ◽  
pp. 37-40
Author(s):  
D.M. Byelov
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Constitutional Law ◽  
Local Governments ◽  
International Standards ◽  
Public Authorities ◽  
Legal Concept ◽  
Spatial Boundary ◽  
Legal Space ◽  
Rule Making

The article considers the features of the category "legal space". The author cites the views of scholars engaged in the study of this legal concept. By linking the category of "legal space" to constitutional law, a conclusion is made about space as a constitutional-legal category. It is indicated that the development and assertion of Ukraine's own path and place in the geopolitical environment, its inclusion in European and world integration processes are inextricably linked with the organization of rule-making and law enforcement activities of public authorities and local governments, which would meet modern trends and international standards. in this area. New trends in the constitutional and legal construction of the country, the formation of civil society institutions, optimization and reform of public administration determine the new conditions for the implementation of state power, a prerequisite for effective operation of which is the unity of the legal space. It is established that legal space as a constitutional-legal category is a specific functional category of the science of constitutional law, which reflects certain spatial boundaries of the origin and development of any constitutional-legal action, the constitutional process, constitutional norm, state or event. Thus, space is a spatial boundary established by the Constitution, which can overcome itself and be replaced by more progressive in the implementation of constitutional and legal reform. They also simultaneously form a certain boundary, beyond which begin to develop constitutional relations.

L'evoluzione dei controlli sulla spesa pubblica dei Ministeri in Italia

2009 ◽  
pp. 5-27
Author(s):  
Mauro Baffigi
Keyword(s):  
Public Administration ◽  
Local Level ◽  
The State ◽  
Central State ◽  
Short Article ◽  
External Assessment ◽  
The Public ◽  
Central Offices ◽  
State Check ◽  
Central Level

- In this short article the author illustrates the checks carried out on the state expense distributed by the Ministries at central level. After explaining the former means of assessing, the author presents the new laws of expense controls, dating back to ‘90ie. The offices charged of monitoring, once called "Ragionerie centrali", have been named Central offices of balance. These offices, linked to the Ministries, control the state expense at central level; the "Ragionerie territoriali" of the State check it at local level. The Central offices of balance refer to the Department of the Central State "Ragioneria", which is one of the four Department the Ministry of Economics and Finance consist of. The Central offices make an inner public administration check, the "Corte dei conti" makes an external assessment. Moreover the article describes the checks of estimated and final balance carried out by "Corte dei conti" and illustrates the inner assessment due to "Decreto Legislativo" nr.286/99. Finally this essay remarks some experts'opinions about budget controlling and the Industrial Plan to reform the public administration by the Minister of Public Administration and Innovation.

Constitutional law of foreign countries

2021 ◽  
Author(s):  
Marat Baglay
Keyword(s):  
Great Britain ◽  
Constitutional Law ◽  
Legal Status ◽  
The State ◽  
Comprehensive Understanding ◽  
Law Schools ◽  
Foreign Countries ◽  
The Usa ◽  
Basic Concepts ◽  
The Individual

The fifth, significantly revised edition of the textbook highlights the basic concepts and institutions of foreign constitutional law, reveals its subject, system, sources. The issues of the legal status of the individual, forms of the state, local self-government, etc. are comprehensively analyzed. In the interests of a more in-depth and integral, comprehensive understanding of the state system of the leading countries, the textbook includes chapters on the USA, Great Britain, France, Germany, Italy, Spain, the Nordic countries, Japan, China, India, the Arab states, the EAEU countries, Uzbekistan. Special chapters contain regional reviews of the main constitutional and legal institutions. For students, postgraduates and teachers of law schools and faculties.

scholarly journals Methodical Approaches to the Assessment of Budget Efficiency of Territories

2020 ◽  
Vol 24 (1) ◽  
pp. 125-131
Author(s):  
G. Nedopad ◽  
Keyword(s):  
Financial Management ◽  
Intergovernmental Relations ◽  
Local Level ◽  
The State ◽  
Structural Development ◽  
Advantages And Disadvantages ◽  
Study Results ◽  
Methodological Approaches ◽  
Object Of Study ◽  
The Individual

Annotation. Introduction. According to the principles of the program-target method of budgeting, the diagnosis of budget efficiency of territories is the key goal of assessing the implementation of regional policy and improving the efficiency of budget funds, which, in turn, will not only determine the effectiveness of this process Therefore, assessing the level of budget efficiency of territories is a mandatory element of financial management at the local level. The purpose of the article is to study the methodological approaches of scientists to assess the budget efficiency of territories and on their basis the formation of the author’s directions of assessment of the object of study. Results. It is investigated that in recent years there have been positive trends in the socio-economic development of the state as a whole and its regions in particular, but still the development of individual regions remains asymmetric due to the inability of territories to accumulate the necessary financial resources to local budgets. places, which, in turn, does not contribute to providing appropriate conditions for the structural development of the regions. The existing methodological approaches are systematized, their advantages and disadvantages are analyzed and it is found that they are based on traditional methodological principles and provide for the analysis of absolute, relative indicators, integrated indices and rankings, etc.; do not have a single vision for a set of indicators; mainly focus on assessing the structure of the budget and the individual components of its revenue and expenditure parts. The necessity of improvement of a technique of diagnostics of budgetary efficiency of territories which will provide the analysis in the following directions is substantiated: the state of the budget; financial capacity of the budget; intergovernmental relations; financial independence; budget load; budgeting efficiency; budget management. Conclusions. The system of the formed directions will allow to estimate a level of budgetary efficiency of territories of Ukraine in the conditions of decentralization and to develop long-term budgetary strategy on places. Keywords: territory; methodical approaches; diagnostics; budget efficiency.

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