Activities Of Public Administration Bodies Research Articles

The norms of administrative law as a form of implementation of public administration

Being a systematically implemented activity of state authorities and local self-government, public administration is aimed at regulating social relations, ensuring a stable state and development of social processes in the interests of optimal functioning and development of society and the state. The norms of administrative law play an important role in this context. Through public administration, there are qualitative transformations of the methods and functions of state administration, which from abstract prescriptions of administrative law norms become means of performing the tasks of state administration in specific legal situations. On the one hand, public administration is implemented through the norms of administrative law, since it is the norms of administrative law that regulate the activities of subjects of public administration, form the basis of administration in all spheres of the life of society and the state. On the other hand, the main form of public administration is the adoption and implementation of administrative acts, which are understood as decisions or legally significant actionsofanindividualnature, adopted(committed) by an administrative body to resolve a specific case and aimed (directed) at the acquisition, change, termination or realization of rights and/ or duties of an individual (persons). An administrative act can be issued both by a representative of public authority performing public tasks/functions and by a subject of delegated powers - a subject of public administration. At the same time, the following acts: contain legal norms that specify the norms contained in legislative acts of higher legal force, and also provide a mechanism for their implementation; define typical rules of conduct in the field of public administration; establish the organizational and legal status of public administration bodies; establish the necessary prohibitions and restrictions; grant special rights and assign special duties in the field of public administration; the conditions of interaction and coordination of activities of public administration bodies are formed; implement socio-economic programs; do not resolve cases that arose in the body, the subject of which is the regulation of the internal activity of the public administration.

Scientific concepts of development of public services in Ukraine

The scientific article is devoted to highlighting the state of scientific development of the provision of public services in Ukraine. The achievements of administrative scientists and approaches to understanding the categories of public and administrative services provided by public administration bodies are highlighted. The works of administrative scientists who paid considerable attention to the issue of providing administrative services in various spheres or to a specific subject were analyzed, namely: Bondarenko I.O. «Organizational and legal foundations of service provision in the field of customs affairs»; Bulkovskii T.O. «Quality management of the provision of administrative services by the Ministry of Internal Affairs of Ukraine; Vasylieva N.V. «Theoretical and methodological foundations of the formation and development of the system of providing administrative services at the regional level»; Voronyatnikov O.O. «Administrative and legal status of the State Migration Service of Ukraine»; Horbatyuk V.I. «Mechanisms for providing administrative services in the field of public finance management»; Dembytska S.L. «Legal principles of the provision of administrative services to the population of Ukraine by local self­government bodies»; Kostin O.Yu. «Administrative services provided by the State Border Service of Ukraine»; Mordvin I.A. «Administrative services of tax authorities of Ukraine»; V.V. Petovka «Legal regulation of the provision of administrative services in Ukraine»; Severin V.I. Administrative and legal principles of the provision of permit services by subjects of public administration; Skoromnyi Y.I. «Administrative services in agriculture of Ukraine; Sorokina I.S. «District State Administration as a Subject of Provision of Administrative Services»; Ter-Stepanyan O.V. «Administrative and legal principles of providing administrative services in the field of telecommunications and postal communication»; Khymychuk K.V. «Legal regulation of the provision of administrative services by the justice bodies of Ukraine», Pryimak L.I. «Public services in the activity of the State Tax Service of Ukraine: organizational and legal principles», etc. It was concluded that the attention of both scientists and practitioners is paid to the general principles of public service provision in Ukraine (the concept, essence of administrative services, principles of classification, quality assessment, etc.); the study of legal problems of public administration bodies has gained special development, the result of which is the introduction of a number of changes and additions to the current legislation that concerns the provision of public services; considerable attention is paid to the issue of providing public services in various areas or to a certain entity, etc. At the same time, the analysis of scientific publications, monographic studies, practical recommendations, as well as the results of the activities of public administration bodies on the provision of public services in Ukraine show that a complex scientific approach is needed to study the peculiarities of the provision of public services in Ukraine.

Система публічного адміністрування nоргівлі валютними цінностями

The article is devoted to the definition of the system of public administration of trade in currency values, the problem of theoretical substantiation of its elements, the main types of manifestations of the administration of this sphere, the study of the subjects of the implementation of administration functions, the study of the current legislation regulating this sphere of public-legal relations. Particular attention is paid to the definition of the content of the category “trade in currency values”, the disclosure of the legal nature and features of the category “public administration”, the outline of the approaches to the definition of its content and constituent elements available in domestic science. The definition of the system of public administration of trade in currency values and its constituent elements was carried out within the framework of the instrumental theory in law. It was established that, taking into account the initial provisions of the instrumental theory, the instruments of public administration of currency trading in Ukraine should be considered the norms of the current legislation, which determine the procedure for carrying out, in particular, the licensing of this activity, its control, taxation, the application of other management measures, prohibitions in this sphere, activity and law-enforcement acts of public administration bodies that carry out such management activities are empowered to impose administrative and financial sanctions. A proper definition of the category “administration of trade in currency values in Ukraine” is proposed. It was determined that the administration of trade in foreign exchange values takes place on the basis of complexity, reasonableness, flexibility of implementation and adaptability to the conditions of application of control and other measures, the expediency of their application, and orientation towards the consistent solution of current and long-termtasks of the state’s currency policy. The peculiarities of the functioning of subjects of the administration of currency trade in Ukraine, including the National Bank of Ukraine, the Ministry of Economy of Ukraine, the National Commission for Securities and the Stock Market, the State Tax Service of Ukraine and the Cabinet of Ministers of Ukraine in general, have been determined. It was found that the main subject of the administration of the outlined spheres of public legal relations is the National Bank of Ukraine. It is he who implements administrative, regulatory, control and other instruments in the field of currency relations. At the same time, other areas of implementation of the administration are disclosed, in particular, the activity of public administration bodies within the framework of taxation procedures of the researched activity is outlined.

Legal regulation of the provision of electronic services in the field of social protection of the population

The article is devoted to the analysis of the legislative consolidation of the provision of electronic services in the sphere of social protection of the population in Ukraine, taking into account the trends of reforming the institute of electronic services in the state. The current state of legal regulation of the provision of electronic services in the field of social protection of the population and directions for improvement of normative legal acts in the specified field have been studied. Summarizing the legal basis regulating the provision of electronic services in the field of social protection of the population, such acts can be classified by legal force (legislative, sub-legal) and by the content of the subject of regulation (determine general theoretical provisions and some aspects of an organizational nature; administrative jurisdictional activity of public administration bodies regarding provision of electronic services in the field of social protection of the population; guarantees of legality of the provision of electronic services in the field of social protection of the population). It has been established that today there is a significant number of normative legal acts that regulate certain aspects of the provision of electronic services in the field of social protection of the population. This is natural given the wide range of social relations subject to their regulation. Instead, for further systematized reform in this area, it is necessary to determine the general principles of organizational and legal regulation of the provision of electronic services in this area on the basis of a unified legislative act with the aim of a systematic approach to the elimination of legal gaps in the regulation of such an institution in view of the special legal position of subjects of public administration of providing electronic services in the field of social protection of the population.

The role of procedure, proceeding and process in administrative and tort relations from the point of view of justice and the activity of public administration bodies

The article analyzes the application of the concepts of ‘procedure’, ‘proceedings’ and ‘process’ in administrative-offense relations with the aim of determining the feasibility of granting courts the authority to consider cases of administrative offenses. The concept of ‘administrative process’ is disclosed in three well-known key aspects, distinguishing its general and specific features. It is determined that the process and proceedings, in a broad sense (as the activity of state bodies in general), are correlated as general and specific. Aspects of the concept of ‘administrative proceedings’ are identified. It is established that proceedings are part of the process, which may be interrupted, change subjects, i.e., the process consists of several proceedings, being their totality. It is proposed to consider proceedings as a certain period of time allocated for the consideration of a specific case. Instead, the procedure is a set of norms and rules regulated by legislation for subjects of any legal order in the understanding of Article 19 of the Constitution of Ukraine and in the context of the new legislation on administrative procedure. The characteristics of administrative procedure are disclosed. It is concluded that the administrative process is universal for any set of proceedings of state bodies, and this concept does not affect further research on the issue of excluding the consideration of cases of administrative offenses from judicial competence. In turn, the introduction by the legislator of the term ‘administrative procedure’ excludes the possibility of equating its rules and norms with judicial proceedings. It is analyzed that judicial procedures are provided for by procedural codes but do not define the specifics of considering cases of administrative offenses. It is determined that the Code of Ukraine on Administrative Offenses does not meet the requirements for modern judicial procedures and is essentially more akin to a regulator of administrative procedure, which constituted the foundation of Soviet heritage. This dissonance is revealed through differences between judicial proceedings in the judicial process and the consideration of cases provided for in the Code of Ukraine on Administrative Offenses, including in decision forms, stages of consideration, etc. It is proposed to designate the consideration of cases of administrative offenses by the court as judicial proceedings and by other bodies as administrative procedure.

Features of the types of control on the performance of electronic procedures in the activities of public administration entities

The scientific article highlights the essence of the types of control over the implementation of electronic procedures in the activities of public administration bodies, namely: parliamentary control; from the representative of the Verkhovna Rada of Ukraine on human rights; from the central bodies of executive power. The author substantiates the expediency of improving the legal regulation of the procedure for holding a preliminary meeting before the trial of the case. In particular, it is considered expedient to establish the terms of holding a preparatory meeting from the moment of receipt of an administrative claim, as well as to determine the cases when reconciliation of the parties is not allowed. It was established that the control carried out by local executive bodies has a much smaller scope, but is the closest to the controlled objects. The control powers of the said bodies within the scope of control over the provision of electronic services are enshrined in the Law of Ukraine «On Local State Administrations» (Clause 9 of Article 16). Part 1 of Article 28 of this law stipulates that in order to exercise the powers granted, local state administrations have the right, in particular, to conduct inspections of the state of compliance with the Constitution of Ukraine and the laws of Ukraine, other legislative acts by local self­government bodies. It was concluded that regional state administrations, within the limits of their powers, direct the activities of district state administrations and exercise control over their activities. Local state administrations control the implementation of the powers granted by law to the executive bodies of village, settlement and city councils by their executive bodies and village, settlement and city heads. It has been established that control over the exercise of delegated powers of executive bodies by local self-government bodies is entrusted to the relevant local state administrations, and in cases provided for by law, to ministries and other central bodies of executive power, their territorial bodies. Control is carried out by analyzing acts of local self-government bodies, providing local self-government bodies with information on the implementation of delegated powers of executive bodies, conducting inspections of the activities of executive bodies of village, settlement, and city councils. In addition, local executive bodies can create structural subdivisions to perform control functions.

К вопросу о тенденциях развития административного законодательства России

The article examines the trends in the development of administrative legislation. The main trends in the development of federal administrative legislation are: its centralization; introduction into the practice of norm-setting framework laws that establish general principles and provide significant freedom of normative detail to administrative and public bodies; expansion of legislative regulation of the organization and activities of public administration bodies in the context of the administrative reform being carried out in the country.

The Concept of the Mechanism of Competitive State Policy at the Regional Level

The mechanism of formation and implementation of competitive state policy at the regional level has been improved based on the generalization of a set of elements, namely: subject (public administration bodies); goal (effective protection of competition and development of a competitive environment to ensure sustainable economic development of the regional economy); means (system of antimonopoly legislation (AMZ), program documents, finances (benefits and preferences, etc.), information on the competitive environment); form (protective - mainly direct regulation; active - mainly indirect influence); methods (protective, active, indirect); tools (legal and economic regulation); model (hard, soft); object (competitive environment, market structure, competitive relations, market subjects, activities of public administration bodies). It was determined that competitive policy at the regional level is interdependent with other elements of the national economic policy system of the state. At the same time, modern competitive policy at the regional level can rightfully be considered an independent area of activity of state authorities. Value goals of competitive policy at the regional level are considered. Achieving the goal of competitive policy at the regional level involves solving the following tasks: effective implementation of control functions to identify and stop anti-competitive activities of business entities and public administration bodies; formation of a competitive environment and improvement of its condition due to the reduction of unjustified barriers to entry and doing business in the market, as well as the development of infrastructure to ensure access to it by interested market participants; creation of conditions for the development of competitive business entities; implementation of competition development measures in regions and individual areas. It was concluded that competitive policy at the regional level in a general sense includes two key directions in its structure: protection of competition (defensive competitive policy) and development of competition (active competitive policy). In modern conditions, competition advocacy is understood as a complex of actions of the subjects of competition policy, aimed at strengthening the competitive environment by using mechanisms that are not exclusively elements of the system of coercion to comply with the established rules for the application of sanctions based on administrative procedures and court decisions. It was revealed that the state policy in the field of competition protection and development is interdependent and interconnected with other elements of the country's national economic policy system. Based on the generalization of the set of elements of competitive state policy at the regional level, the mechanism of its formation and implementation is disclosed.

Про воєнний стан як особливий вид адміністративно-правового режиму

The article analyzes the theoretical and legal approaches to the concept, content and methodology of the introduction and functioning of one of the varieties of the administrative-legal regime ‒ the martial law regime, as well as the relationship between the legal categories of «restriction» «prohibition», «obligation», which are components of administrative and legal regimes. It is noted that modern approaches to the analysis of martial law, as a special type of administrative-legal regime, are oriented, first of all, to its legislative definition, which enshrines constitutional provisions on the foundations of national security, as well as the legal regime of martial law. One of the reasons for imposing martial law is military aggression by another state using armed forces or other formations. At the same time, it was found that modern approaches to the tasks of the state and society during the period of martial law, to a certain extent, have a historical relationship with the works of scientists of the past. It is emphasized that the legal regime of martial law indicates the temporary transfer of general public management to the military authorities with the granting of extraordinary powers. First of all, this applies to: 1) implementation of public order protection in order to ensure public and state security; 2) imposition of additional duties on citizens, as necessary, aimed at the proper functioning of the economy, restoration and construction of objects, structures for the needs of the economy, and increasing the defense capability of the country’s armed forces. The criteria for distinguishing between the legal regimes of emergency and martial law are analyzed. It was concluded that the existing restrictions and bans are temporary in nature and caused by Russia’s military aggression against Ukraine. At the same time, administrative and legal prohibitions under martial law are a way to ensure legality in the activities of public administration bodies. In addition, administrative-legal restrictions and prohibitions are the basis for preventing tortious and criminal-punishment behavior of all subjects of administrative-legal relations, without exception, during the period of the legal regime of martial law.

The subject matter of administrative law as a basic category For distinguishing sectoral principles of administrative law

Problem setting. Administrative law as a fundamental branch of public law is a necessary tool in regulating the activities of public administration bodies, public organizations, enterprises, institutions, and organizations. Its influence is constantly felt by specific individuals. Norms of administrative law protect relations formed under the influence of civil, labor, financial and other branches of law. In recent years, administrative law has been in a state of transformation, a new ideology of relations between the state and the citizen is being formed, the administrative legal doctrine is undergoing fundamental changes, and administrative legislation is being updated. As a result, administrative law has turned from the law of state management into a branch that normatively defines and regulates the rights and obligations of public administration in relation to subjects of civil society. Analysis of recent researches and publications. A significant number of scientists dealt with issues of administrative law, its subject, principles, among which it is worth mentioning the works of such scientists as: V. B. Averyanov, Yu. P. Bityak, V. V. Galunko, R. S. Melnyk, A. A. Pukhtetska and others. However, despite the rather large number of works, questions related to the generalization of scientific positions, which highlight the subject of administrative law as a basic category for determining industry precepts, remain in most cases outside the attention of researchers, which makes it possible to talk about the need to carry out such research. The purpose of research is to clarify the role of the subject of administrative law as a basic category for determining the branch principles of administrative law. Article’s main body. The article is devoted to the peculiarities of the subject of administrative law as a fundamental criterion for determining the principles of administrative law. Of fundamental importance for updating the concept of the subject of administrative law were two theoretical conclusions that were made in the development of the ideas of the Concept of Administrative Reform in Ukraine. The transformation of the subject of administrative law is a factor in updating the content and classification of the principles of administrative law. The subject of administrative law is social relations that arise for the purpose of realizing and protecting the rights of citizens, creation of normal conditions for the functioning of civil society and the state. It follows that the main task of administrative law is to create a priority of legal conditions for ensuring by public administration the rights, freedoms and interests of man and citizen in the sphere of public administration. The subject of administrative law is a wide complex of social relations that arise in connection with the implementation of the functions of the state executive power, the content of which is the management of society. Ukraine’s new management model (with adapted principles of Good Governance) should be aimed at maximizing the scope of public participation in governance, ensuring that economic, social and political priorities are based on consensus in such a way that the voices of all citizens, even the poorest and most socially disadvantaged population groups were taken into account when making state decisions. The article emphasizes the fact that principles are the leading category in the administrative law of all continental European countries. The principles reveal the content of law, reveal the essence of law, its foundations, as well as the regularities of social life and needs, and highlight trends. In the theory of law, the principles of law mean the most general and stable requirements that contribute to the establishment and protection of social values, determine the nature of law and the direction of its further development. Conclusions and prospects for development. The principles of law are a natural phenomenon of legal science, which in their essence are universal and reflect modern approaches to their interpretation. In modern conditions, the principles of law have a universal character, as they must be taken into account by law-making subjects during the creation of norms for the legal regulation of social relations. The peculiarities of the subject of administrative law provide grounds for a new approach to updating and characterizing the principles of administrative law resulting from interdependence and influence on each other.

Sistema gosudarstvennogo upravleniya doshkol'nym, shkol'nym i vneshkol'nym vospitaniem i prosveshcheniem v SSSR v 1970-e gg.: istoriko-pravovoj aspekt

The article analyzes the legal basis for the organization and activities of the public administration system of preschool, school and extracurricular education and education in the USSR in the 1970s on the basis of regulatory acts and official documents of that time. Conclusions are drawn about the strengths and weaknesses of the structural and functional construction of this subsystem of public education. The possibilities of using managerial experience in the activities of public administration bodies are considered.

Improvement of tools for the activity of local public administration bodies in the context of European integration

In the paper, a study of the definition of the concept of tools of local public administration bodies, their types and directions of improvement in the context of European integration was carried out. In particular, the author notes in the paper that the tools of public administration bodies are those actions they take with the purpose of legal regulation of legal relations with their participation, with the aim of regulating them or influencing the participants of such legal relations, ensuring compliance with the rights and interests of the participants of legal relations and the state ( or other public entity) as a whole (forms of public administration), legal means (techniques) that are used (methods of public administration); the concept of "tools of activity of public administration bodies" covers the regulation of administrative legal relations of an external nature. The instruments of activity of local bodies of public administration can be normative legal acts (in the form of orders of heads of local state administrations (including military administrations), orders of heads of territorial communities, decisions of local councils and their executive committees), acts of a programmatic nature (including social programs - economic and cultural development of the community, district, region, target programs on other issues), orders and decisions of an individual nature (including regarding the implementation of administrative-procedural and administrative-delict powers. On the basis of the conducted scientific research, the author came to the conclusion that in order to improve the tools of local public administration bodies in the context of European integration, the practice of concluding administrative contracts by them should be expanded, including regarding the cooperation of public administration subjects and public authority subjects, who, on the one hand, do not belong to the executive branch of state power, and on the other hand, can participate in the implementation of state programs at their own request.

Influence of blockchain technology on improving the electronic governance in Ukraine

The article examines the features of the influence of technical and technological tools on improving the quality of electronic governance in the field of public management and administration, in particular blockchain technology. These technologies have certain positive applied results, implemented on the basis of theoretical and methodological research by domestic and foreign scientists. In the future, they will become one of the basic technological resources using the e-government mechanism in Ukraine for the development of the entire sphere of public management and administration.
 To make appropriate decisions on the implementation of blockchain technology as part of the implementation of projects based on e-governance in Ukraine, it is advisable to analyze at the proper scientific level the principles of functioning of blockchain technology in the field of public administration, to identify the corresponding advantages and disadvantages of their use in the context of global challenges and threats, and also in the context of Ukraine’s integration processes in the EU; carry out assessment and forecasting of risks associated with their future use in the field of activity indicated by the author.
 The article discusses the features of building blockchain technology (hereinafter referred to as blockchain) in e-governance, the essence of which is the accounting and exchange of ownership rights to digital assets (structured data) in the form of a distributed registry of a peer-to-peer network (Distributed Ledger).
 An analysis of the term «blockchain» in scientific domestic and foreign literature is presented. The technological advantages of using blockchain technology in e-government are identified to ensure interoperability of the activities of public administration bodies. The essence of blockchain models is revealed by subjects of administration and by the method of access to data, operations and transactions; their classification of organizations according to four typical patterns: inclusive exclusive, public, closed.

Separate aspects of organizational and legal support of management activities of public administration bodies in war and post-war conditions.

An analysis of certain aspects of the organizational and legal provision of management activities of public administration bodies in war and post-war conditions was carried out, and possible ways of their solution were proposed based on the analysis of modern achievements of administrative and legal science. Attention is focused on the problem of the interaction of military and military-civilian administrations, local self-government bodies, the delimitation of their competence for the introduction and implementation of measures of the legal regime of martial law in the context of the draft Law of Ukraine «On Amendments to Certain Laws of Ukraine on Improving the Powers of Local Self-Government Bodies and Their Officials persons during the period of martial law» No. 8056. The opinion is supported regarding the need to create a body that would ensure the transfer of Ukraine’s economy to military «rails» – the Military-Industrial Commission headed by the Supreme Commander, the first deputy in the person of the Commander-in-Chief of the Armed Forces and a deputy who would take care of the entire economic sphere, including the military industry. The primary task of such a Commission should be the approval and implementation of the State Strategy for the Development of the Military Industry, of which the state missile program and the drone program could become important components. Draft laws aimed at expanding exceptions from the scope of the Law of Ukraine «On Administrative Procedure» are analyzed. The opinion is substantiated that efforts to exclude from the scope of the Law of Ukraine «On Administrative Procedure» certain spheres traditional for public administration – the administration of taxes, fees and other payments in accordance with the legislation, the control of compliance with which is entrusted to tax authorities; implementation of state financial control; cases on the granting of permits and conclusions on concerted actions, the concentration of business entities – can undermine the integrity and effectiveness of administrativeprocedural legislation, as well as call into question its role in regulating relations between public administration bodies and natural and legal entities. Attention is focused on the actual incompleteness of the administrative-territorial reform, which threatens the growth of institutional disproportions in the relationship between state authorities and local self-government bodies of different levels in Ukraine; unresolved issues of the distribution of management functions between state authorities, local self-government bodies and civil society institutions regarding their exercise of powers in the field of public administration in wartime conditions. Key words: public administration bodies, organizational and legal support, management activity, legal regime of martial law.

Implementation of AI in international law and administrative law (in the context of human rights protection)

The purpose of the article is to analyze the possibility of introducing artificial intelligence into the rules of international and administrative law in the context of ensuring human rights, in particular through the activities of public administration bodies and the consideration of administrative cases. Research results. The article outlines the problems of the international legal definition of artificial intelligence using the examples of resolutions of the United Nations, the Council of Europe, the Code of Ethics of transnational corporations and legal instruments of individual States. Practical meaning. The authors analyze the state of international legal regulation and the possibility of using AI, provided that human rights are respected at the national level, including in the activities of bodies authorized to consider cases of administrative offenses, implementation of electronic justice in administrative and procedural court practice. Value/originality. Scientific proposals regarding the relevance of the international legal definition of the concept of artificial intelligence, the problems of observing human rights in its application both at the international and national level, in particular, the use of its opportunities in justice for the purpose of more effective consideration of cases, and at the same time reducing the burden on judicial systems are formulated, ability to conduct legal proceedings using AI is analyzed.

Konstytucyjne prawo do informacji publicznej jako element społeczeństwa obywatelskiego

Current information on the activities of public administration bodies, central bodies, as well as bodies of local government units, including entities appointed by them, allows for effective control of their actions. Thanks to the information obtained in this way, it is possible to carry out inspections of these entities on many levels, not only by the authorities authorized in this respect, but perhaps above all by civil society, starting from the activity of individual citizens or groups of citizens, through more or less organized entities, i.e. associations, institutes and non-governmental organizations. The purpose of this article is to analyze the role of information about public authority in terms of the possibility of increasing social control and the use of the constitutional right to information in building a civil society. The principle of civil society should be considered as the foundation of social participation, which is to contribute in particular to the realization of the common good of all citizens. The author focuses on the analysis of normative solutions contained both in the Basic Law and in other legal acts. The paper uses the dogmatic method of analyzing legal acts. In addition, the literature on the subject and case law were used.

Control of Activities of Public Administration Agencies: Financial, legal and administrative regulation and international experience

The objective of the research was to consider financial and legal, administrative regulations and international experience in the exercise of control over the activities of public administration bodies. The main evaluation measures are defined to ensure the effectiveness of control measures; this evaluation is carried out according to the following stages: determination of quantitative and qualitative parameters for assessing the effectiveness of control; evaluation of the competence of control bodies or evaluation of the effectiveness of internal and external control, etc. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. In addition, it has been concluded that the following criteria are proposed to evaluate the effectiveness of public administration control bodies: quality and completeness, reliability of information received by control bodies; timeliness of control, regularity of control, objectivity of control, lightness of control measures.

ВПЛИВ ПРИНЦИПІВ ДОБРОГО ВРЯДУВАННЯ НА ЗМЕНШЕННЯ КОРУПЦІОГЕННИХ ФАКТОРІВ В ДІЯЛЬНОСТІ ОРГАНІВ ПУБЛІЧНОЇ АДМІНІСТРАЦІЇ

The article, on the basis of the analysis of normative legal acts and scientific and legal literature, clarifies the role of the principles of good governance in reducing corruption-inducing factors in the activities of public administration bodies. The most common corruptionogenic factors, such as: discretion; legal uncertainty; conflict of interests; the possibility of receiving an offer, promise or receiving an improper benefit; use of legal constructions of an evaluative nature. The content of these corruption-inducing factors is considered in detail. A number of legal and normative acts were analyzed, including both draft and current acts regarding the presence of corruption-inducing factors in them. Some of them were considered, in particular, those where corruptionogenic factors were identified and the role of good governance principles for their reduction was determined. It was found that in some legal and normative acts, such principles of good governance as legal certainty, transparency, delegation, accountability, responsibility, justice, consensus orientation are leveled or violated. In order to properly comply with the specified principles of good governance, proposals were submitted to improve the provisions of a number of regulatory acts. It is argued and emphasized that in order to simplify the identification of corruption-inducing factors in the activities of public administration bodies, it is necessary to enshrine the most frequently encountered corruption-inducing factors in the anti-corruption law of Ukraine. The comprehensive observance of all principles of good governance in the practical activities of public administration bodies will contribute to the reduction of corruption-inducing factors in particular and the prevention of corruption in general. Key words: corruption-inducing factors, principles of good governance, regulatory act, public administration.

Permit system as a special type of activity bodies of public administration

The scientific article analyzes modern theoretical ideas about the essence of the concepts of ‘permission’ and ‘permission system’, on the basis of which the author's definition of the concept of ‘permission system’ is formulated, its essence and main features are revealed. Based on the study and analysis of scientific sources and the legal framework, the place of the permit system in the activities of public administration bodies is determined. It was found that the concept of ‘permissive system’ must be considered in two aspects: in a broad and narrow sense. It is substantiated that the concept of a permit system in a narrow sense actually reveals the essence of the exercise of control by an authorized body of public administration over the circulation of objects, materials and substances that pose an increased danger to human life and health and for which special rules or procedures have been established. As we can see, a common feature among the presented definitions of the term "permit" is the mandatory presence of a separate official document from an authorized entity that grants the corresponding right to something, as well as the definition of the objects and subjects of this permit, "...that is, who, to whom , where, under what conditions and during what period provides the opportunity to carry out this or that activity, to use these or that individual objects, substances or materials". The permissive system does not "permit" to have this or that right, but creates an appropriate procedural format for its proper (adequate, compliant with the requirements of the law) implementation. This applies to many other human and citizen rights. They are quite real and inalienable, but for their appropriate implementation, it is necessary to "deploy" (initiate and carry out) procedures prescribed by law, to go through all stages of the process prescribed by law. Legal implementation is procedural by nature, it is difficult to imagine any complex legal relations (and human rights are their embodiment) that could be implemented without procedural design. Considering the fact that the authority to implement the permit system in this area is entrusted to the police authorities, it was concluded that the permit system in the narrow sense should be considered as the permit system of the National Police of Ukraine.

Some issues of normative and legal provision of administrative protection of the sphere of fuel and energy complex

The article is devoted to the study of regulatory and legal provision of administrative protection of the fuel and energy complex. It was determined that the administrative protection of the fuel and energy complex is an organizational and legal activity of public administration bodies, which is carried out to ensure the proper functioning of electric power, nuclear, coal, peat, oil and gas, and oil and gas processing complexes with the help of legally defined legal means.It has been established that the normative legal support is reflected in the set of normative legal acts of different legal force, the provisions of which regulate the sphere of administrative protection of the fuel and energy complex. It is noted that the coverage of the entire array of regulatory and legal acts from the specified direction is complicated due to their voluminous quantitative parameters. The gradation of normative legal acts was carried out depending on the subject of their impact on the substantive characteristics of the administrative protection of the fuel and energy complex by distinguishing: 1) normativelegal acts relating to the order of functioning of social relations related to the fuel and energy complex; 2) normative legal acts, which define the subjects of public administration and their powers to regulate public relations related tо the fuel and energy complex; 3) normative legal acts, which determine the procedure for bringing to administrative responsibility for violationsrelated to the functioning of the fuel and energy complex.The specifics of the functioning of the fuel and energy complex in a special period covering the time of the introduction of martial law were revealed. The list of public administration entities authorized to regulate public relations related to the fuel and energy complex primarily includes the bodies of executive power: the Cabinet of Ministers of Ukraine, the Ministry ofEnergy of Ukraine, the State Energy Supervision Inspectorate of Ukraine, the National Commission for State regulation in the spheres of energy and communal services.