scholarly journals Observance of individual rights and freedoms in the context of implementation of digital control by the executive branches

Author(s):  
Ekaterina Nikolaevna Smirnova

Digital technologies are being actively implemented in public administration, including oversight measures, which raises a legitimate question on the need to respect individual rights and freedoms in digital space and corresponding scientific research. The goal of this research lies in formulation of proposal aimed at improvement of the mechanism for observing individual rights and freedoms in the context of implementation of digital control, which in turn contribute to ensuring the balance between the interests of the state and the rights and freedoms of citizens in digital space. The methods of increasing the efficiency of oversight activity are offered. The novelty of this work is defined by the fact that the question at hand has not been studied by the scholars in the field of administrative law, despite the fact that in recent years the questions of digitalization of public administration are of crucial importance for both, the legislator and the researchers. The author attempts to analyze the existing problems in this sphere, as well as suggests the mechanisms for minimizing negative consequences and improving the organization of digital control.

Author(s):  
N. Kalashnyk

Problem setting. The COVID-19 pandemic, global quarantine, quarantine restrictions created the conditions for society to react quickly. Digital technologies are now being used more intensively, and the public administration sector is no exception. At the same time, the country's development requires systematic strategic and tactical decisions that will accelerate the introduction of modern digital technologies in all spheres of Ukrainian society, also forming and implementation of public policy at various levels of government. The analysis of recent researches and publications. Problems of digital society are studied by such Ukrainian scientists as O. Klepanchuk, O. Petryk, S. Lisovsky, S. Romanyuk, L. Rudenko (the emphasis – achieving by Ukraine the goals of sustainable development, where the development of the digital society is considered as one of the tools); issues of implementation of e-government and e-democracy are studied by A. Emelyanova, S. Loboyko, O. Maevska, A. Semenchenko, V. Dreshpak; research on the implementation of public policy in a particular area, including in the field of justice and the provision of administrative services, are among the research interests of Y. Starylov, J. Sobko, I. Markvych and others. Among foreign researchers, these issues are being investigated by C. Emmanuelli, N. Jain, N. Maechler, D. Malfara etc. Highlighting previously unsettled parts of the general problem: the main contradictions, trends, problems and prospects for the provision of digital public services, based on the conditions created by the COVID-19 pandemic, namely – the application of quarantine restrictions; influence of digitalization on the public policy forming in Ukraine. Paper main body. The article analyzes the problems inherent in modern Ukrainian society in connection with the rapid digitalization processes, that have taken place over the past year. The influence of digitalization on the forming and implementation of public policy is considered on the example of the activity of the Ministry of justice of Ukraine. Based on the results of a survey of civil servants and local government officials conducted by the author, the main trends, problems and prospects for providing public services online are identified. 2020 turned out to be the crisis year for all mankind on the one hand, and on the other hand – it encouraged the rapid development of certain industries, including the field of digital transformation. In public administration, this has been embodied in promoting the use of digital services and governance platforms. In the direction of forming and implementation of justice state policy main efforts are aimed at building online interaction between citizens and the state, reducing the number of paper documents, more efficient administration of open state registers, ensuring control at each step of citizens' appeals, reducing corruption risks. minimization of the human factor in the processes of providing administrative services. The author conducted the survey among students of the Lviv Regional Institute for Public Administration of the National Academy for Public Administration under the President of Ukraine on the provision of administrative services online. 66 applicants from eight regions of Ukraine were involved in the survey. The question was asked: what hinders the development of administrative services online? Among the answers, the most common are (in order from most popular to least): low technical literacy of service consumers; technical unpreparedness of networks;  unpreparedness of the citizens; unpreparedness of officials; insecurity of the information processed; lack of habit to use online;   distrust to the state. Conclusions of the research and prospects for further studies. Contradictions of the digital society development in Ukraine include: the digital divide (the gap in the level of digital equipment); technological unemployment; digital dependence and digital control; digital opportunities for crime; unlimited digital space and its content; the need for large-scale efforts and resources to address the digital space, and needs will only increase; unavailability of information created by bodies-not information managers; form of obtaining information, information is created or obtained in a form unsuitable for machine processing; method of information processing – non-interoperability of data sets from different managers. Among the factors that will determine digitalization processes on the public policy forming in Ukraine, we consider: increasing the technical literacy of service consumers; improving the technical readiness of networks; work with the population to promote the tools of consumption of administrative services online; training of officials to work in the digital space; taking measures to protect information held by the authorities; forming the habit of using online in the field of forming and implementation the public policy; increasing the level of trust to the state.


Author(s):  
Sergey E. Channov ◽  

Introduction. The article is devoted to the use of digital technologies in the field of public administration using the example of state and municipal information systems. Currently, two types of such systems can be distinguished in the Russian Federation: 1) allowing direct enforcement activities; 2) used to capture certain information. Theoretical analysis. Information systems of the first type acquire the properties of an object of complex legal relations, in which suppliers and consumers of information, government bodies, as well as other persons become participants. This entails the fact that in the implementation of public administration, the source of regulation of public relations to a certain extent becomes the program code of these information systems. Accordingly, any failures and errors in the public information system become facts of legal importance. Empirical analysis. The main risks of using information systems of the second type in public administration relate to the illegal access (or use) of information stored in their databases. The consolidation of databases containing different types of information is a serious threat. In this regard, the creation of the Unified Federal Information Register containing information about the population of the Russian Federation, provided for by the Federal Law No. 168-FZ of 08.06.2020, may lead to a large number of socially negative consequences and comes into obvious conflict with the legislation on personal data. Results. State and municipal information systems themselves can improve public administration, including reducing corruption in the country. At the same time, their reduced discretion in management decisions is not always appropriate. Accordingly, their implementation should be preceded by the analysis of the characteristics of a specific area of management, as well as the proposed use of digital technologies.


2021 ◽  
pp. 83-90
Author(s):  
Oleh MUZA

In the article the phenomenon of real acts as a public administration tool is researched. The consolidation of public administration tool «real acts» was first embodied in the German doctrine of administrative law. The scientific research of real acts in the Ukrainian administrative law hasn’t yet received the necessary results. It’s formulated the definition of real acts as informal decisions or actions of public administration bodies which are adopted or committed outside the legal regulation of administrative activities and aimed at communication with private persons. It’s determined the legal features of real acts: 1) they are informal decisions or actions of public administration bodies; 2) the purpose of their application is to inform private persons about socially significant information or to reach a consensus between public administration bodies and private persons during the administrative procedure; 3) their content doesn’t reflect the final result of the power influence of public administration bodies; 4) they are additional illegal means of communication of public administration bodies with private persons; 5) may be appealed in court in case of violation of the rights, freedoms or interests of private persons. It’s noted that the real acts for the legal nature and form of adoption (committed) aren’t administrative acts. It’s concluded that real acts complement the system of public administration tools and reflect the part of administrative activity of public administration bodies, which doesn’t have a legal formalization. The use of real acts by public administration bodies allows to increase the efficiency of relations with private persons during the occurrence of administrative procedure relations. The real acts aren’t legal facts that can lead to the dynamics of administrative legal relations, but their application may be subject of court legal proceedings to protect the rights, freedoms and interests of private persons with public administration bodies. Administrative procedural legislation of Ukraine should contain provisions on the possibility of applying real acts in order to expand the possibilities of public influence of public administration bodies on various spheres of public administration.


Webology ◽  
2021 ◽  
Vol 18 (Special Issue 04) ◽  
pp. 863-875
Author(s):  
Elena Alexandrovna Tereshina

The study aims at determining the main directions for the development and application of digital technologies in the regulation of economic conflicts. Within digital space, such conflicts are difficult to regulate due to the lack of close interaction among organizations and different interests. The negative consequences of conflicts can have an impact on the economy of a particular country or world community as a whole. Therefore, it is necessary to study tools that can prevent and resolve such conflicts. The state is of great importance in the regulation of economic conflicts as Its toolkit comprises legal and organizational mechanisms to resolve conflicts.


Author(s):  
D. Volkov

The article proves the need to "return" the state to the economy in order to implement digital mobilization and form a new mechanism of public administration, including the article analyzes the key conditions for Russia’s transition to the path of "advanced development", reveals not only the content of the levels of the digital sphere, but also its end-to-end digital technologies, all the challenges and threats generated by the development of the digital economy, examines the need and possibility of Russia’s movement to the sixth technological order, provides an algorithm for the transition to the phase of a new long wave (the big or Kondratiev cycle).


2020 ◽  
Vol 22 (5) ◽  
pp. 51-55
Author(s):  
OLEG N. KORCHAGIN ◽  
◽  
ANASTASIA V. LYADSKAYA ◽  

The article is devoted to the current state of digitalization aimed at solving urgent problems of combating corruption in the field of public administration and private business sector. The work considers the experience of foreign countries and the influence of digital technologies on the fight against corruption. It is noted that the digitalization of public administration is becoming one of the decisive factors for increasing the efficiency of the anti-corruption system and improving management mechanisms. Big Data, if integrated and structured according to the given parameters, allows the implementation of legislative, law enforcement, control and supervisory and law enforcement activities reliably and transparently. Big Data tools allow us to analyze processes, identify dependencies and predict corruption risks. The author describes the most significant problems that complicate the transfer of offline technologies into the online environment. The paper analyzes promising directions for the development of digital technologies that would lead to solving the arising problems, as well as to implement tasks that previously seemed unreachable. The article also describes current developments in the field of collecting and managing large amounts of data, the “Internet of Things”, modern network architecture, and other advances in the field of IT; the work provides applied examples of their potential use in the field of combating corruption. The study gives reasons that, in the context of combating corruption, digitalization should be allocated in a separate area of activity that is controlled and regulated by the state.


2013 ◽  
Vol 850-851 ◽  
pp. 471-474
Author(s):  
Ru Nie

Nowadays, we need more convenient facilities to start from the digital microcontroller technology, towards digital control, intelligent control for the modern work, scientific research and life. Compared with the traditional experimental box, P89V51RB2 single chip experiment box is more easy to use, has accurate reading, contain comprehensive and practical experimental circuits. To satisfy the demand of higher school, add other functions such as assembly language based on the existing experimental box.


2021 ◽  
pp. 176
Author(s):  
Margarita N. Kobzar-Frolova

The Institute of State and Law of the Russian Academy of Sciences has a long tradition of honoring outstanding Soviet and Russian scientists who at different times served and developed legal science at the highest academic level. One of such recognized outstanding scientists was the Honored scientist of the Russian Federation, Doctor of Law, Professor Mikhail I. Piskotin (1924 - 2003). Mikhail I. Piskotin devoted many years to the formation and strengthening of the science of Financial Law and its sub-branches (tax, Budget Law), in every possible way contributed to the development of the science of Administrative Law. 1973 - 1989 worked at the Institute of State and Law of the Academy of Sciences of the USSR as head of the sector and editor-in-chief of the journal "Soviet State and Law". In his memory and with respect to his merits, the scientific community annually holds scientific events. In April 2021, an International scientific and practical conference was successfully held, the topic of which was "Financial security and law in the digital era ("Piskotin’s readings - 2021"). The organizer of the conference is the sector of Administrative Law and administrative process, the Institute of State and Law of the Russian Academy of Sciences. A distinctive feature of this conference was that as its participants, academic theorists and practitioners in the field of financial and administrative law from leading academic and research organizations from the Russian Federation, as well as citizens of individual European states and Asia, announced and made reports on topical topics. The purpose of the conference was to consider current problems, current trends and prospects for the development of Financial Law in the digital era. The participants were especially interested in those reports in which not only the existing problems were raised, but also the directions and ways of their solution were expressed. As a result of the work, the participants adopted the Resolution of the International scientific and practical conference "Financial security and law in the digital era ("Piskotin’s readings - 2021").


2021 ◽  
Vol 13 (4-1) ◽  
pp. 180-203
Author(s):  
Elena Stukalenko ◽  

Digital technologies, ubiquitous in our daily life, have radically changed the way we work, communicate, and consume in a short period of time. They affect all components of quality of life: well-being, work, health, education, social connections, environmental quality, the ability to participate and govern civil society, and so on. Digital transformation creates both opportunities and serious risks to the well-being of people. Researchers and statistical agencies around the world are facing a major challenge to develop new tools to analyze the impact of digital transformation on the well-being of the population. The risks are very diverse in nature and it is very difficult to identify the key factor. All researchers conclude that secure digital technologies significantly improve the lives of those who have the skills to use them and pose a serious risk of inequality for society, as they introduce a digital divide between those who have the skills to use them and those who do not. In the article, the author examines the risks created by digital technologies for some components of the quality of life (digital component of the quality of life), which are six main components: the digital quality of the population, providing the population with digital benefits, the labor market in the digital economy, the impact of digitalization on the social sphere, state electronic services for the population and the security of information activities. The study was carried out on the basis of the available statistical base and the results of research by scientists from different countries of the world. The risks of the digital economy cannot be ignored when pursuing state social policy. Attention is paid to government regulation aimed at reducing the negative consequences of digitalization through the prism of national, federal projects and other events.


2021 ◽  
Vol 3 (3) ◽  
pp. 96-123
Author(s):  
L.V. Shchennikova

Introduction: the article deals with the methodological problem of the meaning of the goal of civil law research. The author analyzes the dissertation abstracts from the point of view of goal setting, which were completed in different periods of the development of Russian civil law science, identifies the qualitative characteristics of the stages, and proves the connection of the achieved results with the researcher’s knowledge of the methodological methods of goal setting. Purpose: to show the value of goal setting in scientific research in general and in civil research in particular; to consider the relationship of goal setting with the achievement of specific scientific results on the examples of dissertations defended in the specialty 12.00.03; to justify the need to set as goals the fundamental problems associated with the identification of patterns of development of relations that are part of the subject of civil law regulation and the creation of effective mechanisms that mediate them. Methods: system-structural, system-functional, generalization, abstraction, analogy, logical, statistical, classification, legal modeling, comparative legal, forecasting, formal legal, historical. Results: civil methodology should take into account the importance of the goal in the organization of scientific work. Only a competent possession of goal setting skills can ultimately ensure the creation of scientifically-based mechanisms for effective impact of civil law norms on regulated social relations. Conclusions: 1) any science, including the science of civil law, is not only designed to study and describe existing problems, including legislative, doctrinal, and law enforcement. Research, in order to meet the criterion of scientific character, must attempt to identify the laws of development, both regulated relations and mechanisms that mediate them; 2) the significance of the goal in the development of science has been proven by outstanding philosophers. In addition, the very definition of science indicates that goal setting is one of its essential characteristics; 3) the analysis of the author’s abstracts of leading Russian tsivilists showed how the skilful setting of research goals helped to achieve them consistently, as well as to create a high-quality categorical apparatus of civil law science; 4) the analysis of modern dissertations showed that not all young researchers see the value of goal-setting and this methodological disadvantage is important for the author to eliminate.


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