scholarly journals Increasing the prestige of local self-government bodies and the effectiveness of activities should begin in the process of studying at the university

2022 ◽  
Vol 5 (4) ◽  
pp. 78-88
Author(s):  
E. S. Shugrina
Keyword(s):  
Public Authority ◽  
Sociological Research ◽  
Public Authorities ◽  
Professional Activities ◽  
Software Products ◽  
Russian Constitution ◽  
Scope Of Application ◽  
State And Local ◽  
Different Levels ◽  
The Prestige

The subject of the research are the materials of judicial practice (texts of court decisions and information sources, the content of information about the results of court hearings), data from sociological surveys.The purpose of the article is to identify the relationship between the knowledge of municipal law, local self-government or urbanism obtained during training at a university and subsequent professional activities related to local self-government carried out at different levels of public authority.The methodology. A comprehensive methodology was used, including legal and sociological research methods. Formal legal, legal technical and comparative legal were used among the legal methods. The sociological methods include the method of expert survey and the method of content analysis, which makes it possible to reveal the real position of the respondent, if he wants to disguise it not only the positions expressed, but also the words actually used were analyzed. The most repeatable ones were identified with the help of special software products.The main results, scope of application. Quite significant amendments were made to the Russian Constitution in 2020. One of the novels concerns a unified system of public power, the inclusion of a new term in the text of the constitution. The implementation of these novels in the legislation on local self-government is expected after the completion of the formation of the updated composition of the Federal Assembly. For this, it is necessary not only to reveal the term itself and list the levels of public authority, but also to establish new principles of their relationship, incl. in a sense, uniform standards, rules and requirements for state and local authorities. One of the possible consequences of this may be an increase in the prestige of work in local self-government bodies, a change in attitudes towards work in local self-government bodies.Conclusions. The analysis of the materials of law enforcement practice, the data of opinion polls on trust in local self-government bodies, attitude to the results of the work of local self-government bodies and their officials show that of all levels of government the municipal level is least trusted. Unfortunately, such an attitude begins to form in the process of training future employees of public authorities at different levels.

scholarly journals MEDIATION IN ADMINISTRATIVE PROCEEDING: MYTH OR REALITY NOWADAYS

2020 ◽  
Keyword(s):  
Administrative Law ◽  
Public Authority ◽  
Modern World ◽  
Public Authorities ◽  
Acceptable Solution ◽  
The Public ◽  
Service Conception ◽  
Administrative Proceeding ◽  
State And Local ◽  
The One

In legal life of the modern world common ways of resolution to the legal disputes (conflicts) are not always efficient, since, as a rule, interests and needs of the one side and sometimes even of the both ones are left unsatisfied. Appeal to the public authorities because of each law conflict results in overloading of courts and administrative authorities. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The article is devoted to reviewing the peculiarities of implementation of the method of mediation in administrative proceeding. It reports on attributes of administrative law conflict and also on peculiarities of conducting the procedure of mediation. Scholarly works of domestic scientists such as Sydelnikov O. D., Krasilovska Z. V., Lysko A., Mazaraki N. A. and others have been devoted to this problematique. Mediation - is a consensual and confidential procedure extrajudicial settlements of conflicts, in which a mediator helps the sides to understand their interests and search efficient ways of achieving mutually acceptable solution. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. It is specified by typical peculiarities for such disputes and also by legal nature of subjects of administrative legal relationship. Exactly because of this, some scientists refer to partial nonmediability of such disputes, as one of the side in this case is always an organ of public authority. Approaching a compromise between public authority and a citizen is a prioritized direction of state and local authority activity. The procedure of mediation can be applied only in certain administrative disputes. In this case it is possible to single out advantages of implementation of the mediation procedure in dealing with administrative law conflict, they are effectiveness, saving funds and time, speed, confidentiality, unloading administrative courts, embodiment the principle of service conception of the state, the principle of the rule of law and proper management.

Search for Principle - The Government's Liability in Negligence for the Careless Exercise of its Statutory Powers

2000 ◽  
Vol 31 (3) ◽  
pp. 629
Author(s):  
Thomas Geuther
Keyword(s):  
New Zealand ◽  
Public Law ◽  
Public Authority ◽  
Special Treatment ◽  
Duty Of Care ◽  
Supreme Court Of Canada ◽  
Public Authorities ◽  
High Court ◽  
The Supreme Court ◽  
High Court Of Australia

For many years the English courts have struggled to develop a principled approach for determining when a public authority can owe a duty of care in respect of the exercise of its statutory powers. Initially, public authorities received no special treatment. Then the courts conferred an almost complete immunity on them, requiring public law irrationality to be established before considering whether a duty could arise. The English approach has not been adopted elsewhere in the Commonwealth. The High Court of Australia and the Supreme Court of Canada have developed different tests, and the New Zealand courts, while never explicitly rejecting the English position, have never followed it. This paper argues that a modified version of the Canadian Supreme Court's approach should be adopted in New Zealand. It proposes that irrationality be a precondition to the existence of a duty of care only where policy considerations are proved to have influenced the decisions of a public authority in exercising its statutory powers.

Prestige does not affect the cultural transmission of novel controversial arguments in an online transmission chain experiment

2019 ◽  
Author(s):  
Ángel V. Jiménez ◽  
Alex Mesoudi
Keyword(s):  
Cultural Transmission ◽  
Social Rank ◽  
Sources Of Information ◽  
Transmission Chain ◽  
Reliable Effect ◽  
Cultural Evolutionary ◽  
Relevant Domain ◽  
Different Levels ◽  
High Prestige ◽  
The Prestige

Cultural evolutionary theories define prestige as social rank that is freely conferred on individuals possessing superior knowledge or skill, in order to gain opportunities to learn from such individuals. Consequently, information provided by prestigious individuals should be more memorable, and hence more likely to be culturally transmitted, than information from non-prestigious sources, particularly for novel, controversial arguments about which pre-existing opinions are absent or weak. It has also been argued that this effect extends beyond the prestigious individual’s relevant domain of expertise. We tested whether the prestige and relevance of the sources of novel, controversial arguments affected the transmission of those arguments, independently of their content. In a four-generation linear transmission chain experiment, British participants (N=192) recruited online read two conflicting arguments in favour of or against the replacement of textbooks by computer tablets in schools. Each of the two conflicting arguments was associated with one of three sources with different levels of prestige and relevance (high prestige, high relevance; high prestige, low relevance; low prestige, low relevance). Participants recalled the pro-tablets and anti-tablets arguments associated with each source and their recall was then passed to the next participant within their chain. Contrary to our predictions, we did not find a reliable effect of either the prestige or relevance of the sources of information on transmission fidelity. We discuss whether the lack of a reliable effect of prestige on recall might be a consequence of differences between how prestige operates in this experiment and in everyday life.

COMPETENCE APPROACH IN EUROPEAN PUBLIC ADMINISTRATION: ESSENCE AND DEVELOPMENT TRENDS (ARCHETYPAL ASPECT)

2018 ◽  
Vol 1 (14) ◽  
pp. 132-143
Author(s):  
Martha Ivanivna Karpa
Keyword(s):  
Public Administration ◽  
Good Governance ◽  
Public Institutions ◽  
Public Authorities ◽  
European Public ◽  
Territorial Organization ◽  
Characteristic Features ◽  
State And Local ◽  
Main Components ◽  
Definition Of

The article reveals the main features of the competence approach in the practice of European public administration. The features of the competence approach in public administration are determined on the basis of analysis of the basic concepts of public administration. In the dynamics of the formation and development of popular theories of interaction between state and local authorities, such as the theory of a free community, community (public) and public and state (the theory of municipal dualism), we can trace a number of characteristic features of a competency approach, which manifests itself both through the general theoretical relations and manifestations, and through the practice of coexistence of public authorities. There is a problem of definition and distribution of public functions as a prerequisite for defining and shaping the competences of public institutions. An important issue in the context of a competent approach is the institutional consolidation of functions in the context of the existence of the basic models of territorial organization of power. In each of the varieties of the Governance concept (Responsive Governance concept, Democratic Governance concept, Good Governance concept), the specifics of the use of competencies are defined. The archetypal symbols in the European public administration are singled out using the analysis of competence in public administration in its main constituents. A brief description of the archetypal aspect of European public administration is given. The main components of competence are shown in connection with the existing archetypal symbols and the characteristic trends of their development. Their connection is shown according to the scheme “the entity component (who?) — the object component (what?) — the administrative component (how?) — the basis (in what environment?)”. Concerning the trends of development of a competence approach in the context of practice and theory of public administration, it is determined that modern concepts of public administration are characterized by shifting the balance between state and public institutions to the sphere of common goals and tasks, and thus responsibility. The joint activity of all subjects of society requires new forms of cooperation, definition of the spheres and subjects of each entity’s activity for effective cooperation, distribution of functions and competences of the entities, formation and consolidation of their status characteristics.

scholarly journals E-Commerce Calls for Cyber-Security and Sustainability: How European Citizens Look for a Trusted Online Environment

2021 ◽  
Vol 13 (12) ◽  
pp. 6752
Author(s):  
Idiano D’Adamo ◽  
Rocío González-Sánchez ◽  
Maria Sonia Medina-Salgado ◽  
Davide Settembre-Blundo
Keyword(s):  
Cyber Security ◽  
Theoretical Perspective ◽  
Point Of View ◽  
Decision Makers ◽  
European Countries ◽  
Business Strategies ◽  
Public Authorities ◽  
Regulatory Policies ◽  
Critical Issues ◽  
Different Levels

The pandemic has changed the citizens’ behavior, inducing them to avoid any real contact. This has given an incredible impulse to e-commerce; however, the complexity of the topic has not yet been adequately explored in the literature. To fill this gap, this study has a twofold purpose: (1) to investigate how European countries comparatively perform in e-commerce, and (2) to describe what are the most important challenges for the further expansion of e-commerce. To this end, we adopted a hybrid methodology based on multi-criteria decision analysis (MCDA) and a Likert scale survey. The first method allows to us rank the e-commerce performance of different European countries, while the second one looks at the problems and barriers that characterize online shopping. The results of the study show that European countries have different sensitivities to the issue of cyber-security, and among them it is possible to identify three groups with different levels of attention to the critical issues of e-commerce. The Netherlands, Sweden and Denmark belong to the group of countries most responsive to e-commerce. This request is part of a broader framework of transition toward sustainable development, i.e., a reliable digital environment where citizens and businesses can exercise their rights and freedoms in complete security. Finally, from a theoretical perspective, this paper adds a new baseline to the literature on the state of the art of e-commerce in Europe that addresses the effects of the pandemic. From a managerial point of view, decision makers can find in the results of this analysis a support for the setting of business strategies for the expansion of firms in certain markets and guidance for public authorities when defining regulatory policies for e-commerce.

On purpose of multiple cases: Quaternary prevention on mental health – “Primum non-nocere”

2017 ◽  
Vol 41 (S1) ◽  
pp. S581-S581
Author(s):  
K.L. Lazo Chavez
Keyword(s):  
Mental Health ◽  
Systematic Review ◽  
Public Health Problem ◽  
Treatment Intervention ◽  
Sick Role ◽  
Professional Activities ◽  
Do No Harm ◽  
Competing Interest ◽  
Quaternary Prevention ◽  
Different Levels

IntroductionQuaternary prevention, concept coined by the Belgian Marc Jamoulle, are the actions taken to avoid or mitigate the consequences of unnecessary or excessive intervention of the health system. The concept alludes to actions to avoid the over-diagnoses and over-treatment, trying to reduce the incidence of iatrogeny in patients, which is a serious public health problem and even more in mental health.MethodsSystematic review of bibliography.ObjectivesDo a systematic review of bibliography and through the results invite to the analytic and critic reflection of our professional activities and the current situation of mental health.ResultsThere is not enough studies about quaternary prevention in mental health.–Some studies found that about one-third of diseases of a hospital are iatrogenic, most of them for pharmacological causes.–There is iatrogeny at different levels of the attention of mental health: primary prevention, diagnosis and treatment.–Non-treatment indication avoids in multiple cases iatrogenesis and contributes to the correct distribution of the economic and care resources.ConclusionsSince one of the fundaments of medicine is “primun non nocere” that means “first do no harm” and one of principles of bioethics is “non-maleficence”, quaternary prevention should prevail over any other preventive or curative option.–We should define in a more realistic way the limits, benefits and damages of our interventions in order to not promote a passive and sick role.–Must be recognized the non-treatment intervention as a therapeutic and useful intervention, and one of the best tools of quaternary prevention.Disclosure of interestThe author has not supplied his/her declaration of competing interest.

Moral und Hypermoral

2016 ◽  
Author(s):  
Arnold Gehlen
Keyword(s):  
Behavioral Science ◽  
Philosophical Anthropology ◽  
The State ◽  
Sociological Research ◽  
Levels Of Abstraction ◽  
The Enlightenment ◽  
Broad Scope ◽  
Magnum Opus ◽  
Different Levels ◽  
Evolutionary Interpretation

Moral and Hypermoral, Arnold Gehlen´s final book-length publication, is an elaboration on basic theses which had initially been brought forward in Gehlen´s anthropological magnum opus "Der Mensch". In this respect, this draft of a "pluralistic ethics" is conceived as an elaboration on as well as a concretion of his doctrine of man. In this book, Gehlen set himself the task of combining anthropology, behavioral science, and sociology in a “genealogy of morality”, thus exposing four interdependent forms of ethics: from an ethos of "reciprocity" via “eudaimonism” and “humanitarianism” to an ethos of institutions, including the state. Gehlen made a decisive stand against the "abstract ethics of the Enlightenment": systematically, his book is primarily an anthropological justification of ethics, conceived as a "majority of moral authorities" and "social regulations." These are not subjected to an evolutionary interpretation, that is, as progress from an ethics of proximity to a world-encompassing morality. Moralities, whether based on instinct or arising from the needs of particular institutions, are always culturally shaped and set on different levels of abstraction. With its broad scope, the book belongs in the context of basic philosophical-sociological research known as philosophical anthropology.

Is there a Duty to Prevent Harm in Tort? A Common Law Perspective

2021 ◽  
Vol 12 (2) ◽  
pp. 116-145
Author(s):  
Paula Giliker
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Tort Law ◽  
Public Authority ◽  
Public Authorities ◽  
Statutory Duty ◽  
Starting Point ◽  
Private And Public ◽  
Legal Position ◽  
The Common

Abstract In this paper, I will examine the extent to which the common law of tort in England and Wales imposes a duty to prevent harm on public authorities and private individuals. As will be seen, the starting point for the common law is that such liability should, in both cases, be regarded as exceptional. This must, however, be weighed against duties to prevent harm that arise under the torts of negligence and breach of statutory duty. Public authorities may also face claims that their failure to prevent harm is in breach of ECHR arts 2 or 3. While the law is complex, this paper identifies three key arguments that explain the current legal position at common law, namely that: (i) tort law should treat private and public parties alike: (ii) human rights claims should be treated as distinct from private law claims and (iii) libertarian concerns signify that a duty to prevent harm should be exceptional and needs to be justified. While these arguments provide both an explanation of and a justification for the current law, this article questions to what extent the treatment of public authority liability may be regarded as unduly harsh on vulnerable claimants.

scholarly journals Formation of ideas about end-to-end digital technologies among prospective speech therapists

2021 ◽  
Vol 10 (3) ◽  
pp. 224-229
Author(s):  
Tatiana Valerianovna Dobudko ◽  
Olga Isaakovna Pugach
Keyword(s):  
Digital Technologies ◽  
Professional Activity ◽  
Depth Level ◽  
First Year Students ◽  
Professional Activities ◽  
Software Products ◽  
Digital Development ◽  
End To End ◽  
User Skills ◽  
Speech Therapists

According to the program Digital Economy of the Russian Federation adopted in 2017, the share of the population with digital skills should be 40%. Moreover, these skills include not only user skills, but also specific ones related to a specific professional activity. In this regard, higher educational institutions are faced with the task of training personnel who will be able to work effectively in the era of digital development of the economy, namely, to be able to work with end-to-end digital technologies. In order to cope with this task successfully, it is necessary to change the main professional educational programs and include work programs of disciplines in which end-to-end digital technologies become the object and / or means of study. This paper analyzes the problem of the readiness of prospective speech therapists majoring in 44.03.03 special (defectological) education to use end-to-end digital technologies in their professional activities. The authors characterize the course End-to-end digital technologies, which appeared in the 2021/2022 academic year at Samara State University of Social Sciences and Education among first-year students of the Faculty of Psychology and Special Education. Based on the results of the course approbation, the authors formulate conclusions about the advisability of supplementing the training of students with a workshop that allows them to master several applied software products based on end-to-end digital technologies at an in-depth level.

scholarly journals Regional budget policy: conceptual dominants and vectors of development

2021 ◽  
Vol 11 (-) ◽  
pp. 27-30
Author(s):  
Vitalii ZIANKO ◽  
Tetiana NECHYPORENKO
Keyword(s):  
Policy Development ◽  
Local Governments ◽  
Local Level ◽  
Public Authorities ◽  
Budget Planning ◽  
Regional Budget ◽  
Budget Policy ◽  
State And Local ◽  
Definition Of ◽  
Regional Budgets

The paper is devoted to the implementation of regional budget policy in Ukraine. The main vectors of budget policy development as a component of socio-economic policy at the local level are highlighted. Within the framework of the declared budget policy, the peculiarities of the formation and functioning of local (regional) budgets are considered. The interpretation of the definitions of "budget" and "policy" is presented, and the author's definition of the essence of the budget policy of the region is offered. The conceptual dominants of budget policy, the implementation of which takes place through the budget mechanism, are studied. It is proved that budget policy is an important lever of influence and a real reflection of the tactics and strategy of public authorities and local governments in the budget sphere. It is substantiated that the effectiveness of the implementation of regional budget policy directly depends on the sequence of steps aimed at increasing the level of competitiveness of the regions and overcoming the existing regional disparities. On the basis of generalization of thematic researches and practice the offers concerning application of levers of budgetary regulation which define a level of efficiency of budgetary policy of region are formulated. It is stated that the content of the budget policy of the region should be to determine the course, tasks and activities of the state and local governments in the field of formation and use of budget funds. Full implementation of the budget policy of the region stimulates the functioning of economic activity of administrative-territorial units, promotes rational budget planning, as well as the effective filling, distribution and use of local financial resources.

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