Odpowiedzialność egzystencjalna jako fundament odpowiedzialności w etyce społeczno-gospodarczej

Determined that the administrative-legal protection is an institution of administrative law, which consists of uniform rules of administrative law, whose legal influence is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legitimate interests of individuals and legal entities through administrative tools: forms of administrative activity of public administration, administrative coercion and administrative procedures. It is determined that forms of administrative activity of public administration in the field of administrative and legal protection is a classic expression of their administrative activity in the implementation of executive and administrative activities and the provision of administrative services in order to restore or prevent violation of the rights, freedoms or legitimate interests of individuals and legal entities. At the same time, public administration entities can use the entire arsenal of forms of administration of public relations by public administration, namely the issuance of regulatory and individual administrative acts, the implementation of other legally significant actions and logistical operations. It has been found out that logistical operations to maintain and use public registers of property rights by the public administration provide for the prevention of most property rights violations, and restore the infringed property rights through the decisions of certain administrative commissions. It is emphasized that the instruments of public administrative activity include normative acts of public administration, administrative discretion in the activities of public administration and e-government. Public administration regulations differ from other acts in that they establish, modify or repeal rules of law - mandatory rules of conduct established and protected by the state. In performing its functions, the public administration in the exercise of administrative and legal protection has the opportunity to use all the most common forms of administration of public relations by the public administration, in particular, such as the issuance of regulatory and individual administrative acts, the implementation of other legally significant actions, logistical operations, etc.

The article aims to show that, currently, the concept of Corporate Social Responsibility (CSR) shall not be associated solely with business, but has been successfully absorbed in public administration. Theoreticians' views as to the possibility (or even necessity) of applying the concept of social responsibility in public administration are confirmed by the activities of public administration institutions at the central level in Poland. The subjects of the study were manifestations of the implementation of the CSR concept on two levels: 1) policy planning (based on the example of selected key strategic documents in the field of development policy from the last decade) and 2) operational activities of public administration. The article analyses the database on Good CSR Practices of Public Administration, gathered at the forum of the Working Group on Corporate Social Responsibility of Public Administration, operating at the Ministry of Funds and Regional Policy since 2018. The article also presents pioneering CSR reports published by three central public administrative institutions, whose representatives participated in the work of the group. The results of the analysis of the database and reports lead to the conclusion that, in Poland, the concept of CSR at the central administration level is implemented by institutions, although only occasionally reported. CSR should be considered an inherent part of modern public governance models constituting the paradigm of public administration activity.

The article identifies the legal features of the application of judicial control to improve the efficiency of public administration. It was found that the content of judicial control is: the court’s assessment of the legality of the actions of public administration bodies and their officials; legality of adopted regulations and decisions; in exposing violations or restrictions of the rights of individuals and legal entities (subjects of legal relations arising in the field of public administration); in identifying the causes of such violations and taking the necessary measures to prevent them in the future; in taking measures to restore violated rights due to the need to bring to justice those who violated the law.
 Judicial control over the activities of public administration is a special type of activity of courts of different jurisdictions, which consists in direct (indirect) and indirect (indirect) verification of the legality and legality of decisions, actions or omissions of a certain subject of power and public administration. constitutes the essence of the
 case or accompanies the consideration and resolution of individual legal disputes. The result can be the restoration of the violated rule of law, certain rights, protection of public relations and restoration of the fully violated rights of various legal entities arising in the state, through special enforcement bodies or voluntarily.
 According to the type of judicial jurisdiction, the following types of judicial control in the activities of public administration can be distinguished: a) general judicial control, or control by general courts during the consideration of administrative, civil and criminal cases; b) specialized judicial control, or control by specialized (administrative, commercial) courts; c) constitutional judicial control, or control by the Constitutional Court of Ukraine.

The object of the study is the administrative responsibility, considered from the point of view of ensuring security. The author identifies the levels of scientific study of administrative responsibility in the context of security, which include: the administrative responsibility for violations of the requirements of certain types of security; the administrative responsibility in the field of security, its individual types; the administrative responsibility in the structure of the mechanism of legal influence, as one of the elements of the regulatory mechanism; the administrative responsibility as a means of ensuring security; the administrative responsibility as a guarantee of ensuring and maintaining the necessary level of security in a certain area of regulation. Special attention is paid to topical issues of administrative responsibility from the point of view of ensuring security. The administrative responsibility is justified from the standpoint of its place in the system of legal responsibility in general and in the structure of public legal responsibility, in particular. When working on the topic, the following research methods were used: methods of systematic and comparative analysis, methods of legal formalization, structuring and classification. The main conclusions of the author are the provisions related to the identification and legal justification of several levels of scientific positioning of administrative responsibility in the context of security. The author highlights several key issues in the research of administrative responsibility in the context of security. Among them: contradictory trends in the direction of strengthening punishments and expanding the scope of relations protected by administrative law and at the same time liberalizing administrative responsibility on the part of the law enforcement officer; issues of delineation of administrative and criminal responsibility, problems of independence of administrative responsibility in the structure of public legal responsibility; issues of the effectiveness of the institution of administrative responsibility from the point of view of ensuring security as a legally protected value. All these issues are considered in the context of reforming the legislation on administrative responsibility and the upcoming "third" codification. A special contribution of the author is the construction of a theoretical model of the relationship between the institution of administrative responsibility and the concept of security.

The article is devoted to the instrumental aspects of public administration The essence of the instrumental approach in law is investigated, in which the legal norm is considered as the subject of socialization of an individual who seeks to adapt to the requirements of the social environment, while satisfying his needs. Attention is focused on the fact that the instrumental theory of law assumes that needs, interests and other intentions are first recognized and grouped depending on the degree of expression and presence in society. In this context, public administration can be viewed as a tool for achieving the goals of the state. In terms of their content, public administration activities are always law enforcement, unlike, for example, law-making and the administration of justice. Although the rule-making element is present in public administration, it is not an end in itself, a secondary, auxiliary character, since the primary source of the legal status and features of the functioning of public administration is in any case the law. The stages of public administration, which, in our opinion, can be described as follows. First, it is the definition at the constitutional level of the basic principles of interaction between a person and the state, the functioning of public authorities, human and civil rights and freedoms. Secondly, this is the development of laws, where the specified legal categories find their development, in accordance with the specified laws, public authorities, the legal status of which is provided for at the legislative level, receive their legal status. Thirdly, this is the preparation of a set of by-laws, providing for the creation of public administrations, which have the source of their formation is a by-law, for example, this applies to ministries and other central executive bodies. Fourthly, this is the stage of formation of public administrations operating on the basis of bylaws and the definition of plans for their activities. Fifth, this is, in fact, the very functioning of the public administration, depending on the goals and objectives, as well as plans that were identified at the previous stages. Sixth, this is the stage of control over the activities of the public administration, carried out both at the national and at the interdepartmental, departmental level, as self-control of the public administration, as well as public control (supervision) over its activities. The conclusion was made that public administration as a legal instrument is a legal way to ensure the needs, interests and other intentions of individuals and legal entities by legislative and subordinate consolidation of the status of public administrations, their formation and recruitment, setting goals and planning their activities, direct enforcement and control different levels for its implementation.

Processes that are related to the identification and the authentication of persons and other legal entities have been necessarily existing and functioning for a while in public administration and business. Information Society offers new e-services for citizens and businesses, which dramatically change the administration and results additional challenges, risks and opportunities. Citizen’s confidence and trust to services has to be improved, meanwhile several requirements, like data protection, privacy and legal requirements has to be satisfied. The usual business process of identification of the corresponding entity is generally based on some trivial control mechanism, typically password identification. In order to keep up the trust of the public in the public administration activities, the process for entity identification (both person and legal entity) should be amended taken in account the business and security consideration. Identity management solutions show intriguing variation of approaches in Europe, they are at a different maturity level of services. Our paper gives an overview about the most frequently cited identity management architectures (namely: Liberty Alliance Architecture, IDABC, Sibboleth, Government Gateway Model and Austrian Model) and presents an identity management framework (based on the PKI, but improved it), customized for the Hun-garian specialities, which offer possibilities to improve the related services quality. The goal of this paper is to show a solution for the improvement of the identity management solution for e-government processes through the development of security mechanisms making use of the readily avail-able technologies.

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

The article highlights topical issues of definition, legal support and implementation of special administrative and legal regimes and their impact on the functioning of state legal institutions. Some current trends and prospects for the development of emergency legislation in crisis situations are outlined, which became the subject of discussion at the III Interregional Scientific and Practical Conference dedicated to the memory of the Honored Scientist of the Russian Federation, Doctor of Juridical Sciences, Professor D. N. Bakhrakh («Administrative and Legal Regimes in the Activities of Public Administration», November 15, 2023, Ekaterinburg, Ural State Law University named after V. F. Yakovlev). The abstracts of the participants’ speeches are presented and the authors’ own position on certain controversial issues is expressed.The authors draw attention to the fact that the organizational and legal means that form the basis of the functioning of public administration are special administrative and legal regimes, including state of war, state of emergency, emergency situations, legal regimes for countering terrorism, extremist activities, closed cities, as well as mixed legal regimes applied in the fields of innovative activity of the state, business and other economic activities. The features and problems of legal regulation of special administrative and legal regimes, the differentiation of ordinary and extraordi- nary public administration and a number of other theoretical and practical issues related to the legal regimes of public administration are considered.

The article carries out a comprehensive study, clarification and systematization of the conceptual foundations of social responsibility in the system of public administration. The evolution of the concept of "social responsibility" from the corporate sector to public administration is studied. The importance of incorporating social responsibility into public administration and its role in achieving sustainable development is highlighted. The author's definition of the concept of "social responsibility in the public administration system" is proposed. The theoretical foundations of social responsibility in public administration are considered. Such theoretical approaches to social responsibility as ethical, economic, legal and others are presented. An integrated approach to social responsibility in public administration is considered. The relationship between social responsibility and sustainable development in the context of public administration is determined. It is explained that an integrated approach to social responsibility allows to harmonize the social, environmental and economic aspects of public administration. The advantages and challenges associated with the application of an integrated approach to social responsibility in public administration are presented. The role of stakeholders in the formation of social responsibility of public administration is considered. The classification of stakeholders in public administration is provided and their role in the formation of social responsibility and influence on the decision-making process is shown. The mechanisms for ensuring social responsibility in the public administration system are investigated. The tools for assessing and measuring social responsibility in public administration are presented, which help to assess the impact of the activities of public authorities on social aspects. The role of standards, regulations and recommendations in ensuring social responsibility, which act as regulators and determine the norms of behavior of public administration, is considered. The considered aspects of the development of the concept of "social responsibility", theoretical foundations, an integrated approach, the role of stakeholders and mechanisms for ensuring social responsibility allow us to understand the meaning and role of social responsibility in public administration.

The article examines the subjects of contestation of regulatory legal acts in the court of first instance in administrative proceedings. The problem of the subject of law is one of the central problems of the entire theory of law. The subject of law is a necessary element of legal relations, without them it is impossible to build an adequate idea of the functioning of administrative proceedings, since it is impossible to analyze any type of social relations without taking into account the people who carry out these relations. Administrative justice as a form of ensuring the functioning of the legal state considered from two sides: as an institution of judicial control over public administration, regulatory creativity and law enforcement activities; as a complex of legal measures and procedures aimed at protecting the rights of citizens during the resolution of administrative and legal disputes. Legislation determined by the competence of courts of first instance in administrative proceedings. The administrative-legal status of subjects of administrative proceedings realized in the corresponding administrative-legal relations. In the course of these relations, the bodies of the executive power are engaged in regulatory creativity; participate in the implementation of the rights, freedoms and duties of citizens, their protection and protection. The content of legal relations in the field of management is of a public nature. Administrative relations are the object of legal regulation, and administrative legal relations are their legal form. Administrative legal rights of individuals and legal entities in administrative proceedings are recognized and guaranteed by the state, enshrined in the sources of administrative law, the ability to perform actions or refrain from actions within the established limits, to demand from obliged subjects of state, local and other public bodies the implementation certain actions (abstention from implementation) regarding the creation of conditions for the realization of legal opportunities. The effectiveness of public administration activities directly depends on the degree of satisfaction of the legitimate needs of individuals and legal entities, which is determined during the consideration of administrative disputes in courts of first instance.

The article is devoted to the problem issues of legal characteristics of administrative legal acts and administrative agreements in the public administration activities. The main criteria classification of administrative legal acts are analyzed. Their main features and legal entity are defined. A comparative legal characteristic of administrative legal acts and administrative agreements is done. Based on the analysis of legal literature and practice of public administration the author offers the most meaningful classification of administrative legal acts: 1) by the body that made the act; 2) by the type of act; 3) by time of adoption of the act; 4) by the number of administrative legal act; 5) by alphabetical basis; 6) by subject of regulation. Contractual relationship let individual to make personified expression of approval and mutually beneficial joint decisions. Conclusion administrative agreement gives the benefits which it has in itself and is a call to action for both. Public administration in each case must justify their choice between the two means of influence and decide which is better to use: direct instruction or agreement. Administrative agreement as opposed to direct powerful imperative to take account of and comply interests and subordinate side that some measure is incentive to perform actions in the public interest. Conclusion of the administrative legal agreements as well as publication of administrative acts must be carried in the furrows competence of public administration. This is a prerequisite, which follows from the principle inherent right «all that is not permitted by law is prohibited».

The subject of the study is the concept of the principles of administrative responsibility, as well as the problems and trends of their provision in the context of active reform of domestic legislation on administrative responsibility. Taking into account the fact that the institution of administrative responsibility should be based on the general principles of public administration and legal responsibility, the author considers the principles of administrative responsibility as a fundamental element of public legal responsibility. The principles of administrative responsibility are studied by the author from the standpoint of highlighting the principles of establishing and applying administrative responsibility as principles of a more specific order. The subject of the study also includes the formation of a correlation of such concepts as: principles of administrative responsibility, principles of legislation on administrative offenses, principles of proceedings in cases of administrative offenses. They are studied by the author in the context of a comparative legal analysis of the provisions of the current Code of Administrative Offences of the Russian Federation and individual drafts of the Code of Administrative Offences of the Russian Federation. When working on the topic, the following research methods were used: comparative law, methods of systematic and comparative analysis, methods of legal formalization, structuring and classification. The main conclusions of the study are the following: 1) the list of principles of administrative responsibility can be recognized by a system in which different types of principles have been prioritized and significant in different historical periods; 2) with regard to the principles of administrative responsibility, the principles of establishing administrative responsibility and the principles of applying administrative responsibility should be distinguished (the first group of principles is addressed to the legislator, the second group of principles is enshrined in the legislation on administrative offenses and is used by bodies and persons within the framework of specific procedures for bringing to administrative responsibility); 3) as the basic principles of administrative responsibility, it is necessary to highlight: legality; equality of persons brought to administrative responsibility before the law; personalization of administrative responsibility; presumption of innocence; justice. A special contribution of the author to the research of the topic is an overview of the consolidation of the principles of administrative responsibility in the projects of the Administrative Code of the Russian Federation. It is concluded that it is necessary to consolidate the principles of administrative responsibility in the updated legislation on administrative offenses.

The article explores the activities of public administration in the context of improving administrative service delivery practices. The content of the categories "public administration" and "administrative service" in the theory of administrative law is analyzed. Public administration is interpreted as the activity of public administration in the realization of public interest aimed at ensuring the constitutional rights, freedoms and interests of a person in public-legal relations, and public administration is defined as a system of state executive bodies, local self-government bodies, which, according to the legislation of Ukraine, administrative functions in public-legal relations, first and foremost in relations for the provision of administrative services for the implementation of public interes. It is noted that in Ukraine the system of public administration bodies is formed not only by executive bodies, but also by local self-government bodies, which, taking into account regulatory and administrative status, functioning at the central and local levels, make up the system of executive bodies. activity. It was pointed out that the activity of the executive bodies as a component of the mechanism of public administration, first of all, is focused on the realization of procedural rights of citizens, in particular the rights related to property, social needs, which led the local executive authorities and local self-government bodies to improve standards and provision of administrative services. The ways of improvement of certain directions of service activity of public administration bodies are suggested. It is stated that the current state of administrative services in Ukraine testifies to the conditionality of improvement of certain directions of service activity of public administration bodies. In our opinion, the relevant areas include: first, the interaction and coordination of the executive and local self-government bodies in implementing the “one-stop shop” principle; second, the delegation of powers from local executive bodies to local self-government in relation to the implementation of registration procedures (with the exception of registration of regulatory acts); third, the extension of the ability to provide administrative services online by developing a single digital signature for the bodies of all public administration bodies; fourth, ensuring the organization of the operation of mobile transport-modular groups in rural inaccessible areas. Practices of providing administrative services in the areas of state registration are examined, as an example of the activity of Uzhgorod city council on registration of civil status acts.

In the article, the key aspects of the effectiveness of administrative and legal protection are researched on the basis of current legislation and opinions on this issue of scholars in the field of administrative law. The author notes that administrative-legal protection is an institution of administrative law consisting of uniform rules of administrative law whose legal effect is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legal interests of individuals and juridical persons carried out for using administrative tools – forms of administrative activity of public administration, administrative coercion and administrative enforcement. The steady development of social relations in administrative law, the improvement of modern technologies, as well as the formation of an information society, could not but affect the state of efficiency of modern administrative and legal protection. The author states that the effectiveness of administrative and legal protection is an integral part of the theory and practice of such protection. Effectiveness of administrative and legal protection is the ability of public administration based on the norms of administrative law to qualitatively and timely restore violated rights, freedoms and legitimate interests of non-authorized individuals and legal entities, public interest of the state and society. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of the public administration in restoration of violated rights of non-authorized persons are generally fulfilled in the normative-legal acts; insufficient, characterized by frequent cases of non-renewal of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive from the state through the indirect activity of the public administration of protection, and dissatisfaction of citizens acquires a significant social weighty protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and the law-enforcement system is full of corruption, while the norms of administrative-legal protection change their humane and fair essence and themselves become factors of the destabilization of social relations. It is concluded that administrative-legal protection exists through a system of administrative-legal norms, and at the same time it is proved that it can not, from the point of view of epistemology of law, exist in such narrow limits as the state determines, it reflects objective social relations, protects the most important values, Which during this period of time may not yet find the formal registration in the sources of administrative law, is provided on the basis of administrative law and simultaneously governed by the norms of administrative law, which will establish not only the state, although it primarily. Four levels of effectiveness of administrative and legal protection have been formed: sufficient, when the tasks of public administration set forth in normative legal acts in relation to the restoration of violated rights of non-authorities as a whole are fulfilled; insufficient, characterized by non-isolated cases, not the restoration of violated rights and freedoms of man and citizen, but not characterized by systematic; crisis, when there are systematic violations of rights, freedoms and legitimate interests of individuals and legal entities, they do not receive protection from the state through the indirect activity of the public administration; the dissatisfaction of citizens acquires significant social protest; is ineffective when the violated rights and freedoms and legitimate interests of individuals and legal entities are practically not restored, and corruption penetrates the law-enforcement system, while the norms of administrative-legal protection change their humane and fair essence and they themselves become factors of destabilization of social relations.

Nowadays, many public administrations are facing the low level of public trust in state authorities. It is largely due to public dissatisfaction with the activities of public administration and beliefs that public administration does not serve to the public interest. Participation in decision-making processes is one of the ways to reduce public dissatisfaction and mistrust in public administration. In order to understand the importance of public participation in public administration processes, the aim of the paper is to study trends in the transformation of public administration and society at different stages of the development of the state reform in Latvia and its impact on public trust in public administration. The following methods have been used in the research study: analysis of normative documents, an expert survey with non-governmental organizations (NGOs) and government representatives, as well as analysis of statistics on the implementation of the Memorandum of Cooperation between the government and NGOs. An analysis of the normative documents adopted by the Latvian government shows that the legal framework provides for wide opportunities for NGO involvement in public administration. The statistical data and opinions of NGOs and public administration experts show that there are a variety of mechanisms for increasing NGOs participation. However, the opportunities for developed participation are not conducive to public trust in the public administration, since in most cases information about the opportunities and results of participation is not reachable to the general public. Thus, it is vitally important to create an optimal model of NGOs and public administration relations for the activation of Latvian society in order to reduce the low participation and public trust in public administration.