scholarly journals ORDER IN THE SYSTEM OF NORMATIVE LEGAL ACTS: GENERAL THEORETICAL ASPECT

2020 ◽  
pp. 232-242
Author(s):  
А.В. Чернышов
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Theoretical Aspect ◽  
Special Role ◽  
Management Process ◽  
The Public ◽  
Convenient Form ◽  
The Will ◽  
Definition Of ◽  
Form Of Expression

Аннотация. Статья посвящена исследованию системы правовых актов, в частности такой его разновидности как приказ. Отмечается, что правовые акты играют особую роль в процессе упорядочивания общественных отношений, посредством которых закрепляются определенные правила и требования как для всех граждан, так и для определенного круга лиц. Важное значение уделено процессу управления, который осуществляется посредством издания таких правовых актов органов управления как постановления, приказы, распоряжения, правила, инструкции и положения. Наиболее удобной формой выражения воли должностных лиц является приказ, с помощью которого возможно решение ежедневно возникающих вопросов в государственном управлении, а также утверждение им иных форм правовых актов (положения, инструкции, правила). Однако, отсутствие характеристики приказа в действующем законодательстве ведет к тому, что его относят к локальным актам, не обращая внимание на его нормативный характер. В статье проводится анализ дефиниции «приказ», выявляются его признаки, специфика применения в различных сферах. The article is devoted to the study of the system of legal acts, in particular of such a variety as an order. It is noted that legal acts play a special role in the process of streamlining social relations, through which certain rules and requirements are established for all citizens and for a certain number of persons. The importance is given to management process which is carried out by means of the publication of such legal acts of governing bodies as resolutions, orders, orders, rules, instructions and provisions. The most convenient form of expression of the will of officials is an order, by means of which it is possible to solve daily issues in the public administration, as well as to approve other forms of legal acts (regulations, instructions and rules). However, the absence of a characteristic of the order in the current legislation leads to the fact that it is classified as local acts, without paying attention to its normative nature. The article analyses the definition of "order," identifies its characteristics, specifics of application in various spheres.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

scholarly journals Implementation of the Function of Maximizing the Security Level in the Administration of Justice in the Digital Economy

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 216-225
Author(s):  
Damir Khamitovich Valeev ◽  
Anas Gaptraufovich Nuriev
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Digital Economy ◽  
Positive Development ◽  
Security Level ◽  
The Public ◽  
Administration Of Justice ◽  
The Status ◽  
Dialectical Analysis

The research analyses the implementation of the role of maximizing the level of security in the administration of justice in the context of the digital economy. Methodologically, the documentary observation research technique and, to process sources, sociological-dialectical analysis were used. Digitization as a transformational factor of many branches of social relations implies dependence on the implementation of a series of interdependent legal facts with digital technologies so that the action has a legal and concrete result. The digital level as a new platform for the implementation of a number of public functions posing new challenges for the public administration system and also determines the status of new functions that can provide a "digital future" with a positive development dynamic. Conclusion mode everything indicates that, these new functions can be austable in order to maximize security in the implementation of public functions in response to new threats. Particularly sensitive is the area of justice administration, which is also actively introducing many digital tools into the case-resolution process.

Archives in the Study of Public Policy and Administration

2020 ◽  
Author(s):  
Grace Jaramillo
Keyword(s):  
Public Policy ◽  
Public Administration ◽  
Time Horizon ◽  
Historical Analysis ◽  
Policy Decision ◽  
Process Tracing ◽  
Causal Process ◽  
The Public ◽  
Sequence Selection ◽  
Definition Of

Archives, including primary documents such as meeting minutes, memoranda, white papers, blueprints, drafts for laws, and acts, are a crucial part of a consistent research inquiry that provide significant understanding of the public-policy processes in public administration. Within qualitative methods for studying public policy and public administration, archives are a key step of the process-tracing method for comparative historical analysis. Archival research is the backbone of any process-tracing exercise. Using archives for public administration studies requires rigorous planning. It starts with the definition of a time horizon of analysis that sets the dates over which the analysis will be performed. The time horizon will also help design the types of documents and indicators needed to identify the decision-making process, along with the goals and the budget performance that will accompany the policy decision. The key elements of time, sequence, selection, and classification of archives in public-policy studies determine the causal process mechanisms within a public-policy process. Identifiers, data-mining software, and sequencing are additional tools for improving classification and interpretation.

Students for Law Schools and Faculties in Africa

1962 ◽  
Vol 6 (2) ◽  
pp. 81-90 ◽  
Author(s):  
Berthan Macaulay
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
African State ◽  
Customary Law ◽  
Law Schools ◽  
African Countries ◽  
The Public ◽  
Trade Unionism ◽  
Agriculture Industry ◽  
African Student

It is assumed in this article that there is an urgent need to establish in African states adequate facilities for legal education, and that such education should be of the highest possible standard and adaptable for the special needs of the new African countries. Hitherto much of the law in which an African student was instructed was that which was received from and is applied by the European colonial powers. He was not instructed in customary law or the special legislation of his country. Today the special legislation of a new African state has become increasingly important especially in the fields of co-operatives, trade unionism, agriculture, industry, public administration and social relations. Thus the lawyer of any African state whose only equipment is the received law, which in reality will remain a basis for the understanding of the new legislation, becomes ill-equipped for either private practice or the public service.

scholarly journals TRANSFORMATION OF PUBLIC ADMINISTRATION IN SEAPORTS OF UKRAINE

2021 ◽  
pp. 76-85
Author(s):  
A. O. Panchuk
Keyword(s):  
Public Administration ◽  
Best Management Practices ◽  
Public Management ◽  
Management Practices ◽  
Maritime Industry ◽  
Managerial Decision ◽  
The Public ◽  
Analysis And Synthesis ◽  
European Standards ◽  
Definition Of

The article covers changes of direction in development of the maritime management complex of Ukraine. The need for a comprehensive study of specific stages of seaports development is due to the fact that maritime ports are an integral part of the transport and industrial infrastructure of the state since they are located on the routes of international transport corridors. The European integration of Ukraine and activation of its transit influence enhancing the quality of services of the maritime management complex. By the adoption of the Law of Ukraine “On the Seaports of Ukraine”, there were significant changes in the public administration of the maritime industry, which remain in force to this day. The methodological basis of the research is formed by a system of general scientific and special legal methods of scientific knowledge (historical, dialectical, analysis and synthesis, scientific abstraction, forecasting). Based on the study of scientific works on the public management theory and the public administration, the author’s definition of the category “public administration” in the maritime industry at the stage of transformation has been formulated. Aspects of management have been analyzed, tasks and functions have been revised in accordance with European standards and best management practices; critical factors for the successful administration of the port sector of Ukraine have been identified. It was pointed out, that nowadays the Ukrainian maritime industry has a unique opportunity to create its own port management model based on the European “port-landlord” management pattern. It was emphasized, that there is a need for a seminal work in the direction of changing national legislation, a significant change in the approach, not only in planning the development of ports, but also a binding development implementation through the application of a direct rule on prosecution for failure to comply with strategic documents on the development of the industry. Fostering the emergence of an approach for determining the direction of public administration development of the maritime industry at the stage of changes involves solving the following issues: withdrawal of land administration from the public sector; optimization of managerial decision making; adoption of the institution for the implementation of plans for the development of ports and the responsibility for the execution of those tasks.

scholarly journals Theoretical aspect of unification of legislation.

2020 ◽  
Vol 11 (11) ◽  
pp. 107-110
Author(s):  
Kleshchenko N.O.
Keyword(s):  
Social Relations ◽  
Theoretical Aspect ◽  
Legal Regulation ◽  
Point Of View ◽  
Legislative Process ◽  
Legal Systems ◽  
Legal Space ◽  
Definition Of ◽  
Domestic Law

The article examines the theoretical aspect of unification and its impact on the effectiveness of legislation. It is noted that regardless of the place of creation, the legislative process has always been and remains a difficult task, the solution of which requires a comprehensive approach. Unification is studied from a philological and legal point of view. It is emphasized that unification has been actively studied with the development of international organizations, and is an effective way to regulate legislation and integration into the international legal space, as expressed in the joint cooperation of different countries through the adoption of similar legal acts. It is now widespread in the legal systems of countries such as Denmark, Sweden, Finland, where maritime, trade, contractual, binding legislation, etc. are unified. Unification directly affects the quality of legislation, as well as contributes to the convergence of legal systems. In general, it can be described as a way of converging legal systems by forming a uniform legal regulation within the relevant legal space. The points of view of legal scholars on the definition of the concept of unification of legislation are considered. Unification is characterized as a process of streamlining legislation in order to uniformly regulate social relations in different legal systems. Emphasis is placed on the mandatory implementation of unified norms in the domestic law of the state. Key words: unification of legislation, legal regulation, implementation, system of legislation.

scholarly journals Three Decades of Public Expenditure Management in Zimbabwe

2012 ◽  
Vol 2 (3) ◽  
pp. 33
Author(s):  
Gideon Zhou
Keyword(s):  
Public Administration ◽  
Public Expenditure ◽  
Management Systems ◽  
Management Process ◽  
Internal Auditors ◽  
The Public ◽  
Key Players ◽  
Public Expenditure Management ◽  
Transparency And Accountability

Sound public expenditure management forms the bedrock of public administration. It facilitates producence, efficiency, transparency and accountability in expenditure processes at various levels of government. This serves as a long term barricade aginst debt trap.  This article responds to these fundamental concerns by examining the nature, processes and challenges of public expenditure management in Zimbabwe. Reviews of expenditure management systems in Zimbabwe show general consistence with those in Anglophone Africa. Ministries of finance, working closely with spending ministries, Accounting Officers, Public Accounts Committees of Parliament, Auditor Generals and internal auditors-constitute key players in the public expenditure management process. Notwithstanding this, overall expenditure over the decades remained sticky downwards due to inflationary pressures, unbudgeted expenditures and weak expenditure management systems. Robust mesaures should be put in place to institutionalise a culture of compliance with extant expenditure management frameworks at both the macro and micro levels of government.

METHODOLOGICAL PARADIGM OF MODERN LEGAL SCIENCE IN UKRAINE

2020 ◽  
Vol 10 (4) ◽  
pp. 12-20
Author(s):  
Vladimir Yashchenko ◽  
◽  
Olha Balynska ◽  
Keyword(s):  
Law Enforcement ◽  
General Theory ◽  
Social Relations ◽  
Positive Law ◽  
Legal Science ◽  
The Will ◽  
Definition Of ◽  
The Individual ◽  
The Relationship ◽  
Interacting Components

The leading idea of the article is the application of the most appropriate methodology for disclosing the essence and content of law, its origin, evolution, contradictions and their coordination in the context of the relationship between natural and positive law, social and individual paradigms, in particular, in the context of nationalizing the individual, and, on the contrary, individualizing the collective in a wide humanistic plane. This aspect synthesizes approaches to the disclosure of individual and collective through the categories of �self�, where dialectical, phenomenological, existential and other approaches are qualified as communicative and dialogic paradigm, which today finds its practical embodiment in lawmaking and law enforcement. Feeling the controversy of these views, the authors emphasize the deepening of the humanistic content of the legal regulator of social relations. Domestic modern legal science in its development should focus on deepening the humanistic content of the normative regulation of social relations. This actualizes the need to solve such scientific problems as the methodology of research and functioning of law, achieving a harmonious relationship between individual and collective in law, the connection of its natural and positive aspects, etc. A fundamentally new definition of the essence of law is proposed, not as the will of a certain class or majority, but as the will to self-existence, which is expressed in the phenomenon of self as a harmonious synthesis of individual and social. In this context, to investigate the legal phenomena dialectics can be effectively used not as a materialistic or idealistic methodology, but as the most general theory and way of ascending to the truth. After all, opposites in law are not necessarily antipodes, but can act as interacting components of legal reality

DEFINITION AND FEATURES OF THE PUBLIC SERVICE

2021 ◽  
Vol 6 (10) ◽  
pp. 29-36
Author(s):  
Feruza Yuldasheva ◽  
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Civil Service ◽  
Main Concept ◽  
Legal Concept ◽  
The Public ◽  
Theoretical Approaches ◽  
Legal Literature ◽  
Domestic Legislation ◽  
Definition Of

The purpose of this article is to study theoretical approaches to the definition of the concept of public service. The author has researched a significant list of Soviet and modern legal literature devoted to topical issues of the institute of public service. The main concept of this article is that the institute of public service is considered by us from the standpoint of consistency. The author's definition of the concept of "public service" is proposed. In addition, the article presents various concepts of understanding the concept of "public service". At the same time, the author draws attention to the fact that there is no unified normative establishment of the legal concept of "public service" in the domestic legislation. The conclusions are based on the analysis of the experience of foreign countries.Keywords: public service, civil service, public service, public administration, types of public service

scholarly journals Ensuring the principles of the rule of law and legality in the activities of public administration: terminological analysis

2020 ◽  
Vol 45 (2) ◽  
pp. 91-98
Author(s):  
Iryna Shumliaieva
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
Scientific Article ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
Close Relationship ◽  
Scientific Papers ◽  
Definition Of

In the context of the development of home public administration, the implementation of research in terms of providing a meaningful description of the principles of the rule of law and legality in order to comply with them and ensure the activities of public authorities is becoming relevant. Therefore, the purpose of the scientific article is to implement a terminological analysis of the principles of the rule of law and legality in the activities of public administration, as an important condition for the development of public administration. The article considers terminological issues related to the definition of the essence of the concepts «rule of law», «legality», «public administration», by analyzing scientific papers and legal documents. Particular attention is paid to the definitions contained in the norms of international and European acts concerning the definition of the content of the principles of the rule of law and legality, which allowed distinguishing the relevant international and European understanding of the conceptual foundations of these concepts. It is established that at the present stage of development of the institution of public administration in the European doctrine the principle of the rule of law prevails, which is not identified with the principle of legality, as it is included in the list of relevant requirements for the implementation of the first one. The relationship between the rule of law and the rule of legality is shown, given their close relationship, formed in the process of evolution at different times during the development of social relations. As a result of research of scientific literature and normative-legal sources, it is offered to consider legality in activity of public administration in a wide public-administrative context through a prism of regulation of the state-authoritative influence on society for the purpose of its ordering. Since the vector of the rule of law and legality is aimed at both public authorities and society, it is assumed that the adoption of these principles in society involves the implementation of the requirements set out in the article to ensure compliance with public administration.

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