Advancing the Legal Competences of Public Officials through the Administrative Consultation Platform: A Conceptual and Empirical Approach

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Purpose: This article examines the development of the legal competences of public officials within the Slovenian public administration who use the Administrative Consultation Platform (ACP) when conducting procedures under the General Administrative Procedure Act (GAPA). The ACP is an open-access legal clinic that serves as a supplementary source for interpreting procedural rules. To this end, a conceptual framework delineating legal competences for public officials was developed to assess how the use of the ACP affects the development of their acquired legal competences for the purposes of conducting administrative procedures. Based on this framework, a structural model was created to enable empirical testing of the impact of public officials’ affinity for the ACP and the frequency of its use on the development of their technical-legal and entrepreneurial-relational competences.Design/methodology/approach: The theoretical component employs normative, doctrinal, and comparative research methods to study legal competence models in the existing literature. The empirical component includes statistical analysis of data collected using a questionnaire measuring the technical-legal and entrepreneurial-relational competences of public officials who use the ACP, combined with an axiological-deontological evaluation of the results. Structural equation modelling was used to verify how affinity for the ACP and the frequency of its use when conducting administrative procedures affect the development of their legal competences.Findings: The empirical study conducted in spring 2025 involved 112 public officials who conducted administrative procedures in administrative bodies and used the ACP between 2023 and 2025. The results indicate that the use of the ACP contributed significantly to the development of public officials’ legal competences, particularly relational competences, such as the ability to communicate effectively and respectfully with parties involved in the administrative procedure, and entrepreneurial competences, especially the ability to uphold core ethical principles (e.g., integrity) and proactively seek solutions that balance the public interest with parties’ rights. However, they developed technical-legal competences— such as legal reasoning for resolving procedural issues, understanding of the GAPA, and data protection regulation—to a lesser, though still not negligible, degree. Academic contribution to the field: The article focuses on relatively under-explored aspects of public officials’ legal competences. The conceptual framework represents an original contribution, complementing existing research on legal competences in a narrower context, while in a broader context it can be categorised as dealing with the subjects of administrative law and public administration. The empirical study advances scientific understanding of the impact of public officials’ affinity for the ACP and the frequency of its use on the development of their legal competences, providing key feedback for ACP stakeholders.Research/practical/social implications: The conceptual framework of legal competences serves as the foundation for further scholarly examination of the legal competences possessed by public officials and functions as a baseline for the systematic upgrading of the ACP to continue fostering the development of public officials’ legal competences while they use it. From a societal perspective, this article contributes to raising awareness of the critical importance of cultivating legal competences and of the effective utilisation of the ACP as an instrument for more participatory and problem-solving-oriented administrative decision-making processes. Originality/significance/value: The article offers an original contribution by (1) establishing a conceptual framework that advances the study of legal competences among public officials who use the ACP when conducting administrative procedures, and (2) demonstrating the pivotal role of the ACP as a repository of accumulated collective knowledge, which aids public officials in developing their legal competences and facilitates the networking of stakeholders engaged in addressing administrative law challenges. The findings provide guidelines for enhancing the effectiveness of public officials and for fulfilling the objectives and principles of Good Governance in modern public administration.

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Problem setting. An important prerequisite and key to successful implementation of the strategic course for the implementation of European standards of living in Ukraine and its entry into the leading positions in the world is the reform of public administration and decentralization in order to create an effective, transparent, open, flexible structure of public administration, transition from the centralized model of government in the state, ensuring the capacity of local self-government and building an effective system of territorial organization of government in Ukraine. Achieving this goal requires the establishment of a system of public administration, which ensures the coherence of competences of local government authorities, executive bodies and civil society institutions. Recent research and publications analysis. While researching the problem of coherencing the competences of local government authorities and executive bodies in the context of establishing public administration system in Ukraine, it is advisable to use the scientific achievements of foreign and domestic scientists concerning the following issues: theoretical and methodological foundations of social transformations (D. Bell, N.Hrazhevska, O. Gromyko, O. Zhuravliov, L. Yevstigneeva, S. Erokhin, T. Zaslavska, E. Ivchenko, N. Makasheva, I. Markovych, M. Minenko, Y. Osipov, G. Pochenchuk, E. Toffler, S. Fillipova, P. Shtomka, Y. Yakovets); different aspects of competences of local government authorities and executive bodies (M. Bajmuratov, O. Batanov, Y. Boiko, Y. Buhlak, T. Buriak, I. Hrytsiak, O. Dniprov, M. Karpa, V. Kravchenko, O. Kuchabskyi, M. Orzikh, M. Oslavskyi, V. Pohorilko, O. Sushynskyi, V. Shapoval). Highlighting previously unsettled parts of the general problem. In the context of establishing public administration in Ukraine, it is advisable to study the problem of coherence of the competences of local government authorities and executive bodies as a systemic phenomenon in the plane of the transformation process. Paper main body. To be aware of the phenomenon of transformation in the public-managerial aspect, it is advisable to start from its classical interpretations. As a result, the systematic nature of the transformation of competences of local government authorities and executive bodies in the context of public administration has been revealed. It is a part of the transformation of society through decentralization of power, reform of public administration, local self-government and territorial organization of power, development of civil society and democracy. The very process of establishing public administration in Ukraine is also a subsystem of social transformation, and the problem of coherence of competences (managerial actions) of different entities becomes of universal importance. The coherence of managerial competences of the entities (state, local self-government, civil society institutions) to ensure the processes of social development forms the conceptual basis for public administration itself. There is substantiated the thesis about the necessity to ensure in conditions of establishing public administration in Ukraine the coordinated managerial influence on the development of social processes through not only optimal (harmonized) distribution of competences of subjects of state, self-governing and civic authority by means of their centralization, decentralization, deconcentration, delegation, subsidiarity and also coherence in the carrying out competences, as they are not only the determining elements of the legal status of a public authority, but they also are as a complex of its full powers to exercise the power as means of successful management. It is possible to achieve the maximum effect of the coherence of the activity of public authorities if the condition of regulating legal statuses and competences of the subjects are settled on the general conceptual principles of the public administration system. The general structural and functional model of distribution of competences of local government authorities and executive bodies is abstracted; its main shortcomings are analyzed. Conclusions of the research and prospects for further studies. It is established that harmonizing competences of local government authorities and executive bodies in the context of public administration represents two interrelated processes: optimal allocation of competences of the subjects of state, self-government and civic authorities by means of their centralization, decentralization, deconcentration, delegation, subsidiarity; the coordination of actions of these entities in carrying out their competences. The coherence of competences of public authorities is a mean of ensuring both their successful activity and the effectiveness of public administration as a whole. Achieving the greatest effect of the coherence of the activity of public authorities seems possible only if regulation of legal statuses and competences of the subjects are settled on the general conceptual principles of the public administration system. Taking into account the importance of the personal factor in the processes of transformation of competences of local government authorities and executive bodies in the context of establishing an effective system of public administration in Ukraine, it is advisable to further focus the scientific research on the problem of influence of leadership skills of a leader on the implementation of the above-mentioned transformations in the activity of a public authority.

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The development of modern civilization associated with the digital revolution poses entirely new challenges in terms of ethics for public administration. Whereas practical ethical instruments in the form of codes of best practice have already been developed for the profession of a lawyer or a doctor, the internal diversification of the profession of a public official (public authority officials, territorial self-government officials) as well as the transformation of public administration have not been conducive to the development of appropriate ethical standards. The author aims at providing an answer to the following question: on which axiological foundation should the code of a public official be based? On the one hand, historical background seems to be providing a definite answer, on the other, however, current depreciation of the profession of a public official as well as technological progress shed a new light on ethical reflections. Models used in public administration until now, i.e. the model of ideal bureaucracy, the accountability model, and the new public manager model, have not proven to be effective. Nevertheless, according to the author, the organizational culture within the frame of the good governance model constitutes a unique solution which can prove successful in public administration. At this point, the process of restitution of public officials’ ethos can be a relevant factor. It is so especially due to the fact that public officials’ ethos embodies a development area for educating professional public officials and constitutes a premise for a good functioning of public administration at the same time. Enumerating the drivers of growth for the public officials’ ethos in connection with a unique idea of the code of best practice based on the triad of integrity, benevolence, and accountability constitutes an axiological suggestion which is noteworthy for the deontology of the profession of a public official.

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  • Juridical science
  • Н І Некрасова

The relevance of the article is that the creation of a quality system of public administration in various spheres of society is a priority of the domestic public administration. In accordance with such areas, public administration in the field of circulation of medical equipment and medical supplies in Ukraine belongs, in particular, the administration is carried out through a system of state and non-state bodies. Accordingly, the subjects of public administration must create all the necessary conditions in our country to provide quality medical services and ensure the right of citizens to treatment and maintenance of life. In addition, before we begin to consider our issues, we need to clarify such legal concepts as "public administration", "public administration" and "as public administration". Thus, revealing the essence of the topic "Subjects of public administration in the field of circulation of medical equipment and medical supplies in Ukraine", we must consider the most important aspects of their activities and determine their list. The purpose of the article is to determine the main subjects of public administration in the field of circulation of medical equipment and medical goods in Ukraine on the basis of the works of legal scholars. It is determined that the State Service of Ukraine for Medicines and Drug Control as a subject of public administration in the field of circulation of medical equipment and medical supplies in Ukraine is one of the main bodies of public administration, which in accordance with its powers should control the circulation of medical equipment and goods for medical purposes in Ukraine, in particular, should also be introduced control over the electronic system of circulation of such funds (which should include all elements of their circulation - from the stage of creation to their disposal). Entities of public administration in the field of circulation of medical equipment and medical supplies in Ukraine are an organizational and structural set of administrative bodies that have legal authority to state interests in the import, production, supply and circulation of quality goods in the field of medical equipment and medical supplies.

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ПРЕДМЕТ РЕГУЛЮВАННЯ ТА СФЕРА ДІЇ ЗАКОНУ УКРАЇНИ «ПРО АДМІНІСТРАТИВНУ ПРОЦЕДУРУ»
  • Jan 1, 2022
  • Administrative law and process
  • Iryna Boiko

The purpose of the research is to find out the subject of regulation and scope of the Law of Ukraine «on Administrative Procedure», as well as the directions of activity where this law does not work. Methods. The research was carried out by means of the method of formal logic, formal-legal analysis, analysis of legal categories and understanding and their correlation, which allowed to give answers to the questions outlined in the purpose of this scientific investigation. Results. The importance of the Law of Ukraine «on Administrative Procedure» to regulate relations between public administration and private person is emphasized. Its European integration essence is underlined. The importance of administrative procedure for public administration is analyzed. The emphasis was placed on the need for law enforcement activities to define the subject of legal regulation and the scope of the law. Analysis of such fundamental provisions of the law on administrative procedure as administrative case, publicity of legal relations, rights, freedoms and lawful interests of the person, duties of the person, administrative body, functions of public administration, administrative act was made. Their essence and meaning is drawn. The position on the possibility of realization and protection in administrative proceeding of legal interests of the person is substantiated. An approach to understanding the administrative body in its functional context has been formulated. Types of administrative acts are given. The scope of the Law of Ukraine “on Administrative Procedure” and the exceptions to it are outlined. Conclusions. The definition of the subject of regulation and scope of the Law of Ukraine «on Administrative Procedure» is important for law enforcement, as it allows to outline the nature of public relations and the spheres of activity that will be regulated by the LAP. The category «administrative body» is characterized by functional purpose, which has a consequence of expansion of the circle of subjects whose activity is subject to regulatory influence on the part of the LAP. With the adoption of the LAP, the realization and protection of legal interests of the person through the implementation of administrative proceedings have received legal regulation. This opens up opportunities for the settlement of administrative cases involving interested persons, which will allow to take into account the interests of all participants of the proceeding and to adopt administrative act that will satisfy public interests and needs of persons. An administrative act should be understood as a decision or legally significant action on granting a person a right, its realization, assigning to a person the duty stipulated by the law, refusing to exercise the right, about early termination of the act, which is carried out by its cancellation, withdrawal or recognition as invalid. The scope of the LAP is public administration, with the exception of the relations established by the law from its effect.

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  • Actual problems of innovative economy and law
  • Hryhorii Sytnyk

This article examines the role of the transformation of public authority as an institution and the problem of its subjects’ competence as factors in the state’s competitiveness as a subject of public administration in the context of the growing importance of knowledge and information. The author asserts that in the modern information society, where knowledge becomes the primary resource, states must adapt their administrative structures to remain competitive subjects of public administration. The author considers how the competence of the subjects of public authority affects the effectiveness of public administration and the state’s ability to respond to rapid changes in the global environment. Using PEST analysis to assess the impact of political, economic, social, and technological factors on the processes of transformation of public authority and the development of its competence, the author has managed to identify that political stability, economic development, social cohesion, and technological innovations are vital to enhancing the competitiveness of the state as a subject of public administration. Among the fundamental problems that hinder the provision of competitiveness of the state as a subject of effective public administration, the author examines the problem of the spread of unreliable information and the incompetence of the authorities in this context. In this regard, the author proposes several tools to solve these problems, including legislative changes, the development of media literacy, support for independent fact-checking initiatives, and increasing the competence of public authority. In conclusion, the author asserts that states that invest in developing knowledge and information technologies have the potential to achieve higher competitiveness. The author emphasizes that the management of information and knowledge becomes a critical element in strengthening the state’s competitiveness as a subject of public administration. The study of this problem contributes to a deeper understanding of how states can use the transformation of public authority and its competence to enhance their role on the international stage. The article is intended for reading by managers at all levels, politicians, and researchers interested in developing effective public administration strategies and enhancing the state’s competitiveness as a public administration subject. Keywords: power transformation, competence, competitiveness, institutional capacity, information society, knowledge, media literacy, innovation, political stability, technological development.

  • Research Article
  • Cite Count Icon 2
  • 10.30525/2256-0742/2020-6-1-35-41
SUBJECTS OF PUBLIC ADMINISTRATION: REFORMING THE CONCEPT IN UKRAINE
  • Mar 16, 2020
  • Baltic Journal of Economic Studies
  • Kateryna Holovko + 2 more

The article is devoted to the identification of subjects, which, under the conditions of administrative and legal reform and changes of the guidelines in the relations between the state and the citizen, carry out public administration. Emphasis is placed on the sphere of relations that cover the essence of public administration. It is proved that the effectiveness of administrative law through the lens of governance is doubtful and does not fully meet the requirements of the development of public relations. Therefore, it is necessary to return to the educational ideas of the functioning of the state and its interaction with citizens, which has a manifestation in public, not state; in administration, not government. The authors substantiate that public administration is the activity of public authorities, which manifests itself in a concerted influence on specific public relations by means of specific methods, tools, forms and aims to secure public interests. The relation between the concepts of "subject of public administration" and "public management" is investigated. The proposals of the leading Ukrainian administrative scientists regarding the essence of the category of "public management" are analyzed and the reasons for the dualism of approaches to its definition in the Ukrainian administrative and legal doctrine are revealed. In addition, the subjects of public administration are classified according to their competence, scope, functions, and objectives of public administration. The subject of the research is the subjects of public administration and their functions in administrative law. The purpose is a study of the institutional constituent of public administration and defining changes experienced by governing entities as a result of reformatting the concept of relations between the state and society in Ukraine. Methodological basis of the research is a set of methods and techniques of scientific knowledge. The methodological construction is based on a systemic analysis that determined its directions. The systemic approach in some issues was supplemented by the axiological (ideological) approach. Empirical methods such as observation, description, comparison, inductive generalization were used to identify tendencies of reforming the system of subjects of administrative law of Ukraine. Logical-semantic method was used for formulation and in-depth study of the conceptual apparatus. The dialectical method of cognition made it possible to investigate the problems associated with the definition of the concept of "public administration". The application of methods of modeling, analysis, synthesis, generalization and analogy made it possible to formulate the conclusions of the study. Conclusions of the research correlate with the delineation of the institutional component of public administration in Ukraine. The authors have made qualitative and quantitative changes concerning the updating of the subjects of administrative law. At the same time, in the conditions of development of Ukraine as a democratic and rule-of-law state, all reform initiatives should be systematic and consistent with each other, therefore, during the study, the features that characterize the subject of public administration are highlighted. The scientific and analytical monitoring of the state of the introduced changes and the consequences of the implemented administrative reform measures for the classification of the subjects of public administration was carried out. Practical implications. The results of the research will help to understand the basic aspects of the content of public administration better and can be used in the research field in order to further study the issue of transformational changes that governing subjects under the background of actualization of trends of democratization and humanization of administrative processes.

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  • Research Article
  • 10.21564/2414-990x.163.292090
On the Question of the Concept, Essence and Types of Administrative Procedures of the State Registration of Civil Status Acts
  • Dec 28, 2023
  • Problems of legality
  • Serhii Banakh

The article is devoted to the consideration of issues related to the definition of the concept of administrative procedures of state registration of civil status acts and the main criteria for its division. The relevance of the topic is determined by the fact that the leading place in the system of providing administrative procedures belongs to the institute of state registration of acts of civil status, which is carried out by various subjects of public administration on the basis of the norms of administrative law. Increasing attention to the problem of defining, streamlining and proper legal regulation of various procedures is due to the complexity and diversity of management, regulatory and control activities of public authorities. The purpose of the article is to define the concept of administrative procedures for state registration of acts of civil status and to highlight the main criteria of their types. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge, namely: the dialectical method, the logical-semantic, structural-functional method and the method of interpreting legal norms. Scientific positions on the interpretation of the essence of the concept of "administrative procedure" have been analyzed. On the basis of the conducted theoretical analysis, it was concluded that scientists are united by the thesis that the administrative procedure is directly related to the activity of public administration and is an established algorithm for the functioning of subjects of power (state authorities, local self-government bodies, their officials and officials, etc.). It is substantiated that the most convincing is the recognition of the administrative procedure as a complex normative regulator of the system of administrative-procedural norms, which determine the procedure for the implementation of certain types of actions by administrative bodies regarding the application of standardized administrative-legal measures as normatively fixed methods and techniques for the performance of state functions entrusted to these bodies . Attention is paid to the study of issues of classification of administrative procedures of state registration of acts of civil status according to separate criteria, distinguished by their own characteristics. On the basis of the conducted research, conclusions were formulated and recommendations were made for establishing at the legislative level the types of administrative procedures for state registration of civil status acts, grouped according to the relevant criteria.

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