scholarly journals Administrative Law in the Sphere of Public Policy upon Restoration of Independence of Latvia and Lithuania

2021 ◽  
Vol 20 (1) ◽  
pp. 127-143
Author(s):  
Janis Načisčionis ◽  
Algimantas Urmonas
Keyword(s):  
Public Policy ◽  
Public Administration ◽  
Social Order ◽  
Social Reality ◽  
Legal Regulation ◽  
Administrative Law ◽  
Social Regulation ◽  
Legislative Policy ◽  
Legislative Changes ◽  
The Eu

The authors of the article explore the multi-functionality of administrative law. Administrative legislation should take into account social realities, recognize the usefulness of social order (when assessing the need for legislative changes or their stability) and transfer them to the level of justice (in terms of the adequacy of legal regulation). After the restoration of independence, administrative law in Latvia and Lithuania had to undergo a transformation of values, abandon the imposed Soviet ideological standards and master new standards of democracies. This strengthened social and legal values, enshrined and protected in the Constitutions of both countries and after accession to the EU, in accordance with the provisions of public administration, allowed by the Treaty on the Functioning of the European Union.The article notes that the formation of legislative policy and the creation of legislation usually based on the discretion of the culture of politicians. The authors of the article draw attention to the synergistic knowledge of social reality and the use of this knowledge when building administrative and legal regulation to the level of macro-social regulation.

scholarly journals The Content of Public Administration in the Forced Migration Sphere in Russia: An Administrative Law Aspect

JURIST ◽  
2021 ◽  
Vol 1 ◽  
pp. 44-53
Author(s):  
Miroslava I. Petrovskaya ◽  
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Forced Migration ◽  
Legal Regulation ◽  
Administrative Law ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Changes ◽  
First Time ◽  
Practical Recommendations

The article is devoted to the justification of the specifics of public administration in the field of forced migration. The specifics of this type of migration, peculiarities of its administrative and legal regulation are revealed. The purpose of the work is to obtain theoretical conclusions and to develop practical recommendations for improving the system of management of forced migration in Russia. The target is public administration in the field of forced migration. The subject of the study is a set of rules of administrative law of the Russian Federation, which establish general provisions of public administration of forced migration, as well as the range of subjects, institutions and mechanisms used in the process of ensuring the functioning of the system of reception of forced migrants. The methodological basis of the study was the methods: dialectical, private methods — systemic-structural, comparative-legal, formal-logical and historical-legal, statistical and other methods of scientific knowledge. Within the framework of the proposed study, ways are outlined to solve the problems identified by the author of organizing the foundations of management in the field of forced migration in Russia. Recent legislative changes that have not yet been the subject of scientific research are under consideration. For the first time since the transfer of migration powers to the system of the Ministry of Internal Affairs of the Russian Federation, current changes related to the implementation of powers in the field of forced migration have been analyzed.

scholarly journals Legal Regulation of Public Governance in Finland – an Illusion of Predictable Public Administration?

2015 ◽  
Vol 38 (2) ◽  
pp. 52-59
Author(s):  
Niina Mäntylä ◽  
Laura Perttola ◽  
Kristian Siikavirta
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Administrative Law ◽  
Soft Law ◽  
Eu Law ◽  
Public Governance ◽  
The Public ◽  
The Individual ◽  
Changing Role

Legal coherence and predictable decision-making are the cornerstones of Finnish administrative law. The aim of this research is to analyze the factors that make administrative decisions unpredictable in Finland today. Why is the challenge so significant for the authorities? The factor analysis revealed six main features affecting predictability in the legal regulation of Finnish public governance: the increasing use of soft law, the devolution of government, deregulation, the changing role of the individual, the blurring of the division between the public and the private sector and the influence of international and EU-law.

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 Admistrative and legal tools in the activities of the cabinet of min- isters of Ukraine

2021 ◽  
pp. 229-234
Author(s):  
I.V. Kovbas ◽  
P.I. Krainii ◽  
S.M. Rudan
Keyword(s):  
Public Policy ◽  
Public Relations ◽  
Public Administration ◽  
Legal Regulation ◽  
Effective Implementation ◽  
European Standards ◽  
Specific Regulation ◽  
Legal Forms ◽  
And Task

Based on the analysis of normative-legal acts and certain scientific-methodological sources, the article under studies identifies the typical tools, applied by the Cabinet of Ministers of Ukraine in the course of administering its powers. Proper organization and quality legal regulation of the competence, legal forms and methods of the Cabinet of Ministers of Ukraine are of great significance since they affect public relations and the growth of population’s welfare, which is the Cabinet’s main purpose and task. The above considerations require the search for modern democratic and legal approaches to determine the forms of activity of the Cabinet of Ministers of Ukraine. In our opinion, this might be achieved through analyzing various scientific and methodological sources, normative-legal acts on the issue, as well as by means of articulating proposals regarding the improvement of the existing legislation, which in turn, will ensure effective implementation of public policy in Ukraine. The issuance of resolutions and orders of the Cabinet of Ministers of Ukraine is a procedure carried out in a certain sequence. It aims at achieving a clearly defined legal result and requires specific regulation through procedural rules. This procedure is carried out within the framework of two proceedings: a) on the issuance of resolutions and b) on the issuance of orders of the Cabinet of Ministers of Ukraine. In its activities, the Cabinet of Ministers of Ukraine applies various legal forms, which can be defined as ad-ministrative and legal tools. Therefore, it is essential to bring the legislation of Ukraine in line with the European standards, in particular in terms of normative-legal consolidation of the tools of public administration, with the aim of avoiding the use of such outdated concepts as “forms of governing”, “forms of state governing”, etc.

scholarly journals MANAGEMENT (ADMINISTRATIVE) ACTIVITY OF THE CONTROLLING AUTHORITIES IN THE AREA OF TAXATION: ESSENCE AND TYPES

2019 ◽  
Vol 4 (5) ◽  
pp. 343 ◽  
Author(s):  
Olha Tylchyk ◽  
Yurii Riabchenko ◽  
Oleksandr Popivniak
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Legal Regulation ◽  
Administrative Law ◽  
Theoretical Background ◽  
Legal Analysis ◽  
Activity System ◽  
The Public ◽  
Scientific Analysis ◽  
Scientific Papers

The innovation of conceptual provisions of the administrative law doctrine that are based on the priority of rights, freedoms, legitimate interests of an individual, service orientation of the public administration authorities’ performance affects the essence of the controlling authorities’ management (administrative) activity in the area of taxation and requires its fundamental upgrade. Drafting of theoretical provisions as to the essence and the types of the controlling authorities’ management (administrative) activity in the area of taxation should be based on a profound theoretical and legal analysis of the existing concepts and doctrines and their comparison with the current developments in the public administration authorities’ performance that carry out similar activities. In addition, it’s reasonable to highlight the issues of legal regulation of the relations with respect to the controlling authorities’ management (administrative) activity carried out in the area of taxation. The research objective is to substantiate the theoretical background of the controlling authorities’ management (administrative) activity in the area of taxation set out in the form of a list of the substantive characteristics of such activity, the provisions that reflect its peculiarities, as well as the systematization of the lines and types of such activity. The object of the research is the social relations of a public-law nature, related to the activities of the controlling authorities in the area of taxation. The contemporary concepts and doctrines developed by the scientists through critical thinking constitute the theoretical basis of the scientific analysis. This article explores the scientific papers related to the issues of public administration, administrative law, and administrative activity. System-based approach constitutes the methodology of the scientific analysis which made it possible to single out the elements of the administrative activity system, to reveal their content and to take into account their specific features when determining the nature of the controlling authorities’ management (administrative) activity in the area of taxation. The result of this research is the theory that reveals the current essence of the specified activity and its lines. This article places emphasis on the existence of public and service component of the specified activity.

scholarly journals Archival Law and Regulation of Preservation of Current and Archival Records

Atlanti ◽  
2015 ◽  
Vol 25 (2) ◽  
pp. 121-127
Author(s):  
Jelka Melik ◽  
Mateja Jeraj
Keyword(s):  
Legal Regulation ◽  
Administrative Law ◽  
Legal Order ◽  
Archival Science ◽  
Legal Norms ◽  
The Public ◽  
Rules And Principles ◽  
The Law ◽  
Public Archives ◽  
The Eu

The archival law is part of administrative law. It consists of rules and principles in the respective legal system required for the organization of the archives and of their rights and duties. Archival law is also a science that deals with the archival legal norms. Archival law develops specific rules on archives, and provides legal and natural persons who are obliged to cooperate with archives and turn them over the archival records, prescribes their duties and develops professional guides of archival science, which are legally required, but also provides penalties for their violation. The archival law is a part of the legal order of a country. Therefore, its definition varies from one country to another. Nevertheless, in the EU countries there is a strong tendency for uniform solutions of some archival issues and for upgrading archival law. One of these is undoubtedly the preservation of current and archival records by both, the creators of archival records and the public archives. Equally important is the preservation of current and archival records produced in electronic form. In addition to the legal regulation, it is necessary to emphasize the importance of sanctions and the effectiveness of legal norms. The law should be indeed effective, which means that it works and is implemented in the life of society. At this point one should not overlook the fact that the law becomes stronger and firmer, when the number of those who perceive its rules as appropriate, reasonable and necessary gets bigger.

scholarly journals Indiscreet Charm of Digitalization

Legal Concept ◽  
2019 ◽  
pp. 40-47
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko ◽  
Alexey Mamychev
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
Social Order ◽  
Large Scale ◽  
Technology Development ◽  
Legal Regulation ◽  
Social Regulation ◽  
Modern World ◽  
Analysis And Synthesis ◽  
The Law

Introduction: digitalization is a new trend of social development on the whole and the legal and political regulation in particular. The digitalization tempts and fascinates, attracts by its novelty and modernity. The idea of a fundamental change in the social order and social regulation under the digitalization influence in a broad sense is in the air and is already perceived as an axiom. At the same time, most people, both non-specialists in the area of social regulation, and even narrow professionals, will find it difficult to answer the question: what exactly will fundamentally change in the world, in society and in the economy, with the widespread introduction of digital technologies? As a result, the publications in the media and many scientific works resemble Hollywood blockbuster scenarios in the technocratic dystopia style, which leads researchers away from solving real problems of the legal regulation of changing social relations. The purpose of the study: to determine the model of interaction of law and digitalization in relation to the current level of technology development. Research objectives: to define the concept of digitalization; to consider the main trends in research on issues related to the large-scale spread of digitalization and artificial intelligence (AI) technologies; to determine the limits of the real impact of digitalization on the law and legal regulation. Methods: the system, structural and functional methods, the methods of analysis and synthesis, expert evaluation. Results: the paper describes one of the trends of modern interdisciplinary research, called by the authors “the effect of digitalization”. In relation to the sphere of legal regulation, the effect of digitalization is manifested in an attempt to see the fundamental novelty in relations using the latest technical means; the relations carried out in electronic form and/or using digital, network, telecommunication technologies, artificial intelligence. It is argued that the mediation of social relations with the latest technologies does not always lead to the change in the essence of relations and the need to create fundamentally new models of social regulation. Conclusions: digitalization in relation to the law appears in the modern world in two qualities: as an independent social phenomenon and as a tool designed to give the legal mechanisms efficiency and accessibility. At the present level of technology development the digitalization in relation to the law should be considered as a tool to improve the legal regulation quality. The Russian practice of “digitalization for the sake of digitalization” is dangerous and inefficient in social and economic terms.

scholarly journals TRADITIONS AND INNOVATIONS OF THE CONCEPT OF ADMINISTRATIVE LAW UNDER REFORM

2019 ◽  
Vol 5 (4) ◽  
pp. 130
Author(s):  
Svitlana Levchenko ◽  
Kateryna Holovko
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Legal Reform ◽  
Legal Regulation ◽  
Administrative Law ◽  
Research Field ◽  
Legal Doctrine ◽  
Systematic Analysis ◽  
Methodological Basis ◽  
Depth Study

The article is devoted to the study of the essence and content of individual transformation processes in the field of administrative law of Ukraine under the conditions of administrative and legal reform. Attention focuses on the issue of a detailed assessment of the nature of public relations, which are included in the sphere of legal regulation of the field of administrative law. The author concludes that a qualitative and substantial update of the theoretical and methodological basis should be an integral part of administrative and legal reform. The importance of the process of updating the categorical framework, the introduction into the legal circulation of new categories, capable of creating a more solid scientific basis of administrative law, is proved. The positions of leading Ukrainian scholars in the field of administrative law on the essence of the category “public administration” are analysed and the reasons for the dualism of approaches to its definition in the Ukrainian administrative and legal doctrine are revealed. Attention is paid to the basic factors of the shift of the idea of the priority of the rule of law towards the specific relationship between public administration bodies and individuals. The subject matter of the study is the traditions and innovations of the concept of administrative law of Ukraine in terms of reform. The purpose is to study the nature and content of transformational changes in the administrative law of Ukraine at the present stage. The methodological basis of the study was the set of methods and techniques of scientific knowledge. The methodological construction is based on a systematic analysis that defined its directions. The systematic approach in some issues was supplemented by an axiological (ideological) approach. Empirical methods such as observation, description, comparison, and inductive generalization were used to identify trends in the reform of the administrative law of Ukraine. The logical and semantic method was used for formulation and in-depth study of the conceptual framework. The dialectical method of cognition made it possible to investigate the problems associated with the definition of the concept of “public administration” in Ukrainian administrative and legal doctrine. Application of methods of modelling, analysis, synthesis, generalization, and analogy allowed formulating the conclusions of the study. The conclusions of this study are that the author has established that an integral part of the administrative and legal reform of Ukraine should be a qualitative and substantial updating of the categorical and terminological framework of the field of administrative law and, above all, the basic category of “public administration”. At the same time, in the context of Ukraine’s development as a democratic and legal state, all reform initiatives must be systematic and consistent. Special attention also needs to be paid to scientific and analytical monitoring of the state of introduced changes and consequences of the implemented administrative reform measures, which will allow expeditiously identifying and correcting possible mistakes, as well as making recommendations on further prospects of the development of the administrative and legal sector. Practical implications. The results of the study will help to better understand the basic aspects of the new concept of administrative law and can be used in the research field for a further in-depth study of the issue of transformational changes in the administrative and legal field.

scholarly journals Tendencies in the transformation of the legal foundations of European integration of Ukraine at the present stage

2020 ◽  
pp. 66-70
Author(s):  
Oleksandr Perederii
Keyword(s):  
European Integration ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Social Regulation ◽  
The European Union ◽  
Present Stage ◽  
Association Agreement ◽  
The Eu

The article presents and reveals the main tendencies of transformation of the legislative foundations of European integration of Ukraine at the present stage of state formation. While analyzing the problems of implementation of the Association Agreement between Ukraine and the European Union, the author highlights and reveals the content of three main tendencies that are characteristic for the development of the legislative basis of the European integration policy. In particular, the expanding of the current Constitution of Ukraine with the rules on the irreversibility of the European integration course, updating of normative documents regulating the planned character and gradual implementation of the provisions of the Association Agreement, amending the current version of the Association Agreement in order to update its provisions.  The attention is drawn to the fact that the modification of the legislative foundations of Ukraine's European integration course is an important political and legal factor for the transformation of not only the system of the legal system of the state in the formal sense, but also of the legal consciousness of the broad masses of the population. This is explained by the phenomenon of the action of so-called «future law». In practical terms, such a phenomenon manifests itself in the fact that in the society on the mental level there is an increasing level of expectations from the state to activate pro-European policy, further reforming of the national law in the direction of implementation of European models of social regulation. Accordingly, there is an impact on the minds of people by "future norms of law", which are designed to regulate social relations, which are just beginning to emerge.           Further priorities of expanding the legislative foundations of Ukraine's European integration are outlined. In particular, it is the optimization of the mechanism of substantial realization of European integration transformations in the practice of national state administration, as well as the preparation of legislative support to overcome the global political risks and economic threats that may occur in connection with the implementation of the Association Agreement. First of all, Ukraine should develop and accumulate the practice of applying the legislation in the sphere of increasing the investment attractiveness of Ukraine, guaranteeing the legal protection of foreign investments, adjusting the national manufacturing sector of Ukraine to the EU requirements, harmonizing the national model of legal regulation of the labor market with the EU, enhancing the institutional focus of the Ukrainian authorities to implement the EU Directives.

scholarly journals Influence of the Law of the Council of Europe on Substantive Administrative Law in Poland. Selected Issues

2020 ◽  
Vol 29 (1) ◽  
pp. 67
Author(s):  
Anna Dąbrowska
Keyword(s):  
Public Administration ◽  
Standard Setting ◽  
Administrative Law ◽  
Soft Law ◽  
Legal Systems ◽  
Council Of Europe ◽  
The Public ◽  
Eu Member States ◽  
Hard Law ◽  
The Eu

<p>Legislative powers of the Council of Europe have a crucial impact on the domestic legal systems of the EU Member States including substantive administrative law, i.e. such an area of administrative law which defines rights and responsibilities of the public administration bodies and citizens. The legislation created by the Council of Europe’s bodies has a great impact on the areas of law which were earlier regarded as the exclusive responsibility of a given country. The Council of Europe has always been a major source of standard setting. This paper analyses selected areas of substantive administrative law taking into account hard law and soft law documents developed under the auspices of the Council of Europe.</p>

Sign in / Sign up

Export Citation Format

Share Document