Public Administration Activities Research Articles

Tools of public administration activity in the field of personal data circulation

Tools of public administration activity in the field of personal data circulation

Правовое регулирование полномочий публичной администрации и иных органов публичной власти в сфере обеспечения обороны и безопасности Российской Федерации

The article is devoted to the legal regulation of the activities of public administration and other public authorities in the field of ensuring the defense and security of the Russian Federation. The characteristic features of the functioning of the public administration segment in this area are revealed.

The organization of provincial control bodies in 1920-1922: based on the materials of the Kursk region

Relevance. In modern conditions, the main directions of reforming control (supervisory) activities are to increase its efficiency and effectiveness, reduce the administrative burden on enterprises and entrepreneurs. The improvement of control (supervisory) activities remains relevant in the context of increased external sanctions pressure. At the same time, the history of the control system, which extended to all types and forms of public administration and economic activity, remains poorly understood in terms of existing regional experience. The study of the formation of control bodies in the Soviet state is of particular practical interest, since it allows accumulating achievements and mistakes of the past, thereby setting benchmarks in the present.Purpose. The study of the experience of organizing socialist control bodies in 1920-1922 on the example of the Kursk provincial branch of the Workers' and Peasants' Inspection.The objectives of the article follow from the set goal and consist in investigating the conditions and methods of work of the Kursk provincial department of the Workers' and Peasants' Inspection during the designated period.Methodology. During the research of the designated topic, the author used both general scientific methods of cognition, such as analysis, synthesis, induction, deduction, and special historical methods: problem-chronological, comparative historical.Results. The study of the working conditions of the Kursk provincial department of the Workers' and Peasants' Inspection in the designated period allowed, in historical retrospect, to determine the specifics of the methods used by it, as well as to establish the reasons for the subsequent reforms.Conclusion. The basis for the unification of party and Soviet state control was the analysis of the provincial experience of the RKI in 1920-1922. A significant obstacle to the broader development of both organizational and auditing activities of the Kursk Provincial Branch of the Russian Academy of Sciences in the period under study was the insufficient number and low level of their training.

Theoretical-methodological aspects of researching the area of religion and public administration

This article, commissioned by the editors of Public Policy and Administration, contributes to the theoretical and methodological groundworks for the development of research in religion and public administration. It does so in three ways. The first part contrasts different approaches to defining the concept of religion, those from the vantage of academic observers against those from within religious traditions themselves. Several theoretical and methodological challenges for public administration follow. Part two sets out two theoretical concerns; first, the role of religious belief in intentional explanations of public administration activity; second, the institutionalised position of secularity in the recently freighted concept of a religious regime. Part three identifies a clutch of methodological concerns associated with these theoretical issues. A final section concludes with a summary of the contribution of the article to the nascent research programme in public administration for a post-secular world.

PROBLEMS OF ELIMINATING LEGAL CONFLICTS OF LEGISLATION REGARDING PUBLIC ADMINISTRATION ACTIVITIES IN THE FIELD OF HEALTH PROTECTION

Introduction. The relevance of the topic lies in the fact that the problem of legal conflicts regarding the activities of public administration in the field of health care is extremely important for any legal democratic society that is in the process of building or reforming its state system. The issue of collisions becomes especially important in the context of the reform of the administrative system and public administration in Ukraine, which has been going on for ten years, as well as in the conditions of bringing the legal framework into compliance with the requirements of martial law and European integration processes. Legal disputes can lead to inconsistencies in legislation, delays in decision-making, and even legal confusion, which is unacceptable in wartime. Understanding how to overcome legal conflicts can lead to faster and more efficient governance, especially between authorities in different countries and regions. This ensures not only better coordination, but also protection of the rights of citizens who may suffer from unclear legislation. The aim of the study. Identify and characterize conflicting points in the current legislation that regulate the activities of public administration in the field of health care. Materials and methods. In the course of conducting an in-depth study on the regulatory and legal regulation of the activities of the public administration in the field of health care, as a result of which 250 workers in the field of health care were interviewed, which confirm the imperfection of the current legislation in the field of health care. The results showed that the majority of medical workers do not support making any amendments to the legislation – 86% of them, 2% – support the global change of the current legislation, 2% refrained from answering. Results and discussion. The authors comprehensively define legal disputes in the field of healthcare as legal contradictions that arise due to subjective or objective reasons or errors during the implementation by patients of their rights and obligations due to the adoption of legal acts containing conflicting norms. In addition, legal disputes have the following features. First, they depend on the national legal system and, accordingly, on the legal regulation in the field of health care. Secondly, the sphere of public medical legal relations, in which legal disputes most often arise, is the question of medical significance. Thirdly, legal disputes most often arise when regulating typical issues, such as establishing the quality and efficiency of the provision of medical services; management of medical teams; possession, use and disposal of communal property. Conclusions. the proposed reforms of public administration in the field of health care have the potential to further guarantee the realization of everyone's right to health care. Summarizing the key directions of solving legal conflicts in the field of health care, the following tasks can be identified: 1) state guarantees of free medical care for socially vulnerable population groups; 2) introduction of adequate health care financing and an effective system of mandatory health insurance; 3) creation of conditions for the free development of entrepreneurship in the field of health care and formation of the basis for competition between medical institutions and formation of the basis for fair competition between health care institutions; 4) improvement of the country's legislation in the field of health care in accordance with international legal standards; 5) create optimal conditions for healthy childbirth, primarily in terms of living conditions, education and nutrition; 6) implement an active demographic policy aimed at increasing the birth rate and reducing the mortality rate; 7) ensure the ability to meet the needs of the population, primarily in the sphere of health care, education and nutrition.

Management of IT projects of public institutions

The organization and activity of public administration is subject to the standards established by law, according to which individual organizational units of ministries in the Slovak Republic are governed. The management of information and communication technologies is a specific area of management in the conditions of public administration, which requires high expertise, systematicity and a properly set legal environment. The aim of the contribution is to clearly identify the legislative framework for the management of IT projects of the public administration of the Slovak Republic during the implementation of selected operational programs in the department of government departments. In order to achieve the main goal of the presented professional article, we set sub-goals. The necessary partial tasks are to systematically define and explain concepts related to project management in public administration, to find out the requirements for its implementation and to find out to what extent the legislation affects the issue we are dealing with. The result of our area of research represents a logically complete framework of the legal environment of project management of public administration and takes on the nature of practical use in the creation of our dissertation.

Administrative and legal mechanism of public service provision in Ukraine

Administrative and legal mechanism of public service provision in Ukraine

Strategic management of the portfolio of urban real estate: research of the current scientific knowledge

Municipalities possess a wide range of real estate. However, land, buildings, and premises must not only be managed individually, but also optimized and strategically developed as a comprehensive portfolio linked to the objectives of public administration activities and, of course, to the development plans of a particular municipality. Nevertheless, a comprehensive view of the issue of managing and building a real estate portfolio in public administration is missing. This is evidenced by the lack of a methodology that would help local authorities with the task. Thus, a quantitative analysis of scientific publications was conducted, dealing with the issue of strategic management of real estate portfolios at the city level, both within the Czech Republic and throughout the world. This article aims to present a qualitative search of the content of scientific publications, thereby contributing to the creation of a foundation for further systematic research into this issue.

Law enforcement of electronic government in the context of public-private partnership in the state security and defense sector

The article is devoted to the study of the law enforcement of electronic governance in the context of public-private partnership in the security and defense sector of the state. It was concluded that the application of electronic governance will be associated with general features of the use of digital technologies in the activities of public administration and special features mediated by public-private partnership in the security and defense sector of the state. It is noted that electronic governance is a concept of regulating social relations based on the use of digital technologies.
 It has been established that the key characteristic of e-governance is digitization management with an emphasis on the needs of the citizen. Attention is focused on the fact that the specifics of the law enforcement of e-governance of public-private partnership in the security and defense sector of the state is mediated by the possibility of using digital technologies as regulators of social relations related to ensuring the proper state of security of the state and its national interests.
 It was determined that the application of e-governance measures is an integral component of the national security of the state as a whole and the application of public-private partnership tools.
 It was established that the following should implement their activities based on the principles of electronic governance: 1) bodies authorized to regulate activities related to public-private partnership as a whole; 2) bodies acting as a party to public-private partnership in the security and defense sector of the state.
 The thesis that the degree of application of electronic governance tools in the public-private partnership in the security and defense sector will vary depending on the status of the entity that will act as a party to contractual relations from the state side is substantiated.
 It is concluded that finding a balance between the use of digital tools that allow to simplify public access to the activities of public institutions during the implementation of public-private partnerships with the obligation not to disclose activities in this context will always lean towards the functional purpose of protecting the state over ideas digital transformation.

Анализ использования искусственного интеллекта в отраслях экономики и системе региональной исполнительной власти Российской Федерации

Announced as part of the Presidential Address to the Federal Assembly in February 2024, the Data Economy national project defines the demand for artificial intelligence (AI) technology in the system of public administration, economic sectors and business activities. AI technology is increasingly penetrating business activities, production processes, and the system of public administration, creating the need to improve methods for assessing its impact on economic development. The goal of the work is to supplement the methodological tools for assessing the level of use of AI in the economy of the Russian Federation. The object of the study is the use of AI in certain sectors of the economy and regions. The subject of the study is the interrelation between the balanced income of economic sectors, regions of the Russian Federation and indicators of the use of AI in entrepreneurship and public administration practice. The work considers AI not as a separate branch of the economy, but as a technology that, in turn, has an impact on the development of individual industries and regions. The author identified a direct dependence of the positive financial results of the activities of individual sectors of the economy, regions and the use of AI technology in them. The study shows that regions and industries with a relatively more favorable financial position use AI more actively. On the one hand, this creates opportunities for the development of industries and regions; on the other hand, it creates a lag in the application of AI technology. The obtained result is applicable in the system of state planning, determining priorities for economic development of both individual industries and the economy as a whole.

Implicit administrative acts (Part two)

Based on the comparative legal method, the article analyzes the use of the construction of implicit (fictitious) decisions in Russian and several European legal orders, when the inaction of the public administration is equated with the adoption of an administrative act. In the first part of article the author provides a brief overview of the evolution of the legal regulation of the silence of public administration in France, the Netherlands and Germany, and considers the influence of the Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (Services Directive) on the development of the institution of implicit decisions in the EU countries. The paper analyses the conceptual basis and the main arguments pro et contra of two models of implicit administrative acts – a negative decision (based on the principle of “silence is a sign of refusal”) and a positive decision (based on the principle of "silence is a sign of consent"). The analysis of legislation and judicial practice in the second part of article leads to the conclusion about the active use of the principle of "silence is a sign of consent" in regulating the activities of public administration in Russia. At the same time, the negative model of implicit administrative acts (silent refusal) has not been developed in the Russian legal system. However, the doctrine of implicit administrative acts in Russia remains largely underdeveloped, which negatively affects the effectiveness of public administration and judicial protection of the rights of private parties.

ПРОБЛЕМИ ІНТЕРПРЕТАЦІЇ ТА ВИЗНАЧЕННЯ КОРУПЦІЙНИХ РИЗИКІВ У СУЧАСНІЙ НАУКОВІЙ ЛІТЕРАТУРІ ТА НОРМАТИВНО-ПРАВОВИХ АКТАХ УКРАЇНИ

Background . These days, the fight against corruption, its causes, consequences, and prerequisites has become a systemic and crucial part of state power policy and public administration activities due to the threatening nature of corruption processes in Ukraine and the risks associated with them, particularly during times of war. Such social challenges require intensification of the processes of development and practical implementation of an effective set of anti-corruption measures, as well as improvement of their institutional and regulatory support, which, in turn, requires further intensification of multi-disciplinary scientific research into conditions, determinants and incentives for the emergence and spread of corruption phenomena, development of adequate to current realities theoretical and methodological foundations for increasing the effectiveness of the state anti-corruption strategy, improving its regulatory and legal framework, optimizing the methodology and methods of assessing corruption risks by authorized bodies in the field of public administration. The aim of the article is to provide coverage of the results of the study of pressing problems, ideational-theoretical foundations, methodological basis, and specifics of disciplinary guidelines of scientific-theoretical study, as well as determination of the nature of corruption risks and features of their interpretation in the regulatory requirements of the current anticorruption legislation of Ukraine and methodological and methodical recommendations of other Ukrainian regulatory documents; justification of the need to introduce improvements to the ideational-theoretical and methodological foundations of the analysis and methodology for assessing the factors of corruption in the system of public administration bodies, as well as the correction of the connotations of the traditional conceptual apparatus of cognition and the conceptual explanation of the nature of corruption phenomena. Methods . In the process of studying the phenomenon and, above all, the problems of scientific theoretical modeling of corruption risks, epistemological possibilities of systemic, structural-functional, comparative-legal methods of cognition of social and political-legal phenomena, analytical grounds of discursive, interpretive, predictive and content analysis are used. Results . The importance of the research is substantiated, and the totality of those problems that relate to further improvement of the ideationaltheoretical and methodological foundations of the scientific study of corruption phenomena and processes is considered. Based on the principles of the methodology of scientific knowledge, systemic consideration of interpretations introduced by regulatory legal acts of Ukraine and publications of Ukrainian scientists on the risks of corruption and taking into account the specifics of their conceptual interpretations and classifications, the advantages and disadvantages of the points of view common in the modern Ukrainian corruption discourse on the conditions and mechanisms of corruption risk formation, respectively, their definitions, are revealed. The necessity of correcting the general theoretical content of the notion of "corruption risk" with the aim of its specification and normative unification with the terminology and requirements of the current legislation and regulatory documents of anti-corruption bodies (first of all, the National Agency on Corruption Prevention) has been substantiated. Conclusions . The imperfection of modern theoretical ideas about the essence of the phenomenon of corruption risks has been analyzed and characterized, a scientific comparison has been made, and the peculiarities of their interpretation and conceptual and terminological fixation have been revealed, firstly, in the current anti-corruption Ukrainian legislation and normative methodological documents, and secondly, in Ukrainian and foreign volumes on corruption, as a result of which a more universal and optimal for the modern theoretical model and practical procedures (assessment methods) definition of the notion of "corruption risk" has been formulated.

LOCAL PUBLIC ADMINISTRATION’S PERFORMANCE IN ROMANIA

The objective of the paper is to apply the theoretical principles of performance evaluation in local public administration to the practical work of Ilfov County Council. To achieve this objective, the theoretical aspects necessary for the case study are presented. The concepts of efficiency, effectiveness and economy in the public sector, the factors influencing these concepts, and their control and evaluation are analysed in the paper. Performance management is presented at both general and specific levels. Indicators are used to measure the performance of a public service. Performance indicators are useful tools for decision-makers and officials involved in public policy-making in central government, as they give them a detailed (and closeup) picture of the existing situation and allow them to adapt their initiatives to the realities of the moment and set feasible and measurable targets. The stages of the decision-making process are presented, as well as the analysis of the performance of the local public administration activity within the Ilfov County Council from the point of view of the theoretical aspects presented above. To this end, the Council's strategic objectives, the decisions taken to achieve the objectives and the way in which they are achieved in both quantitative and qualitative terms are presented. The paper is based on a study of public administration legislation and on articles and treatises. The type of research is APPLIED, and in terms of objectives it is a DESCRIPTIVE RESEARCH. Considering that I will use efficiency, time and qualitative and quantitative indicators, the research will be PLURIDISCIPLINARY but equally QUANTITY TYPE RESEARCH. As the data analyzed will reflect the evolution of the indicators in view, we will have a DIACRONIC RESEARCH located at the international level, being at the same time a DOCUMENTARY research. In view of the considerations set out above, the theme chosen for the research is very topical.

Problems of legal regulation of digital transformation of agriculture of the Republic of Kazakhstan

In the context of the best world practices the study is an overview of the legal regulation of the process of digital transformation of public administration of agriculture in the Republic of Kazakhstan. The hypotheses of this study are based on the analysis of the legal nature of the world practice of digital transformation of economic development and international cooperation of modern states. The research revealed that agriculture is a branch of the economy that is particularly in need of the introduction of information and communication technologies and, consequently, the improvement of legal regulation of the activities of public administration in the digital reality. The analysis of state programs and national projects of the Republic of Kazakhstan provides grounds for concluding that the digitalization of the Kazakh economy in agriculture is a priority. The dependence of the effectiveness of digital solutions in the agro-industrial complex on the level of public administration organization is substantiated: digitalization resources contribute to a more focused and result[1]oriented public policy through the use of legal monitoring capabilities. Digitalization is a rapidly growing trend in agriculture, when it does not just replace analog technologies traditionally used in practice, but develops new development options for effective solutions to problems in the industry, among which the introduction of legal mechanisms is of paramount importance. The study contains an analysis of the development of the legal foundations of digitalization in the industry, taking into account the problems at all levels of the process – from the issues of providing agricultural producers with an elementary level of Internet access to increasing the level of legal regulation of state management in the field of digitalization management

Doctrine of provision of public services in the system of administrative law of european countries

The article analyzes the experience of European countries regarding the formation of the doctrine of the provision of public services in the system of administrative law and the identification of its features. It is shown that the legal institution of public services in Ukraine is quite new. At the same time, there is no doubt that similar innovations in this field and their regulatory consolidation and implementation should take into account the experience of foreign countries, in particular those in which this institute was formed and has been functioning for a long time. European jurisprudence has offered various interpretations of the doctrine of public services. In particular, different approaches are offered by the German and French schools of law, which are considered to be competitors. Therefore, it appears important to conduct a consistent comparative legal analysis of the category of public services, their types, forms and subjects of their provision, the system of regulatory control. This is due in particular to the impossibility of forming new administrative and legal structures and institutions without an appropriate analysis of the experience of the process of Europeanization of administrative law. It was established that the representatives of the French legal school reached a consensus that the national administrative law of France consists of several large blocks, and the law in the field of public service, from the position of the structure of the industry, belongs to special administrative law and, together with the issues of legal entities of public law and administrative justice, constitutes one from the basic postulates of all French administrative law. The French doctrine of public service has gained wide popularity and has been implemented in many countries of the continental legal system. In the German doctrine, public service is considered as a publicly significant activity of state administration bodies and other involved subjects of relevant activity within the concept of good governance. Adoption of administrative acts in the process of carrying out administrative procedures in accordance with German legislation is not formally considered from the standpoint of public services, but in its essence it is completely included in such a construction. The category of "public services" is not specifically defined in the German doctrine, but it covers both positive public administration and law enforcement activities of public administration entities regarding the issuance of individual administrative acts in the interests of private individuals. Legal relations between authorities and citizens are traditionally referred to as «external administrative law» or «formal administrative law».

On the Question of the Concept, Essence and Types of Administrative Procedures of the State Registration of Civil Status Acts

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.

Classification of administrative acts

The administrative act, a legal institution of rare preeminence in any legal system of the democratic world, represents a symbol of the structured activity of administration. It involves the manner of transposing the imperative, unequivocal, and unidirectional will of superordinate state structures into objective reality. This will enters specialized legal relations and is characterized by the exercise of public power.
 The administrative act represents, in this manner, a representative and well-defined means of imposing the will of organized state structures at every level of society by transposing informed but conceptualized will into a materialized and easily perceptible resort.
 As conceptualized in Romanian doctrine, the specific act of administrative law represents the primary and revealing form of public administration activity. It is the only legal act issued/adopted by authorities, institutions, or other public bodies that produces concrete effects concerning its recipients and beyond.
 However, this distinct type of legal act is characterized by a series of distinctive features that individualize it within the framework of internal legal relations and reveal its specific aspects, as well as the effects emanating from its content.
 Not all administrative acts have the same form, structure, effects, characteristics, purposes, and certainly, not all have the same impact on the individualized legal order at the level of society.
 Therefore, in specialized doctrine followed by the practice of national courts, a series of distinct criteria have been imposed for crystallizing distinct typologies of administrative acts.

Subjects of challenging normative legal acts in the court of first instance

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.

공기업의 법적 개념에 관한 연구

In the 2021 research service report “Estimation of the GDP share of public institutions” issued by the National Assembly Budget Office, there are many differences in the definition of public institutions and the availability of basic statistical data, so the “definition of public institutions” hinders the creation of statistical data. indicating that it is happening. If the creation of statistics, which is extremely important in modern society, is hindered by legal definition, it can be said that the responsibility of legal scholars has played a significant role. Although the legal concept of public enterprise has improved a lot in recent years, the influence of the anachronistic Otto Mayer’s concept is still ubiquitous. In the European Union, where most of the civil law countries are located, the Commission noted in 1980, precisely this criterion, qualifying as public any undertaking over which the public authorities may exercise directly or indirectly a dominant influence on the property, the financial participation or the rules they impose. Otto Mayer used the word “établissement public” interchangeably with the word public enterprise(“entreprise publique”), referring to a public enterprise as “the sum total of material or human means for the purpose of continuously serving a specified public interest in the hands of a public administration.”
 In France, it was the Blanco decision in 1873 that public service was declared as criterion to the “Droit Administratif” in the administrative litigation, and public service was divided into administrative public service and commercial and industrial public service. Since it was the 1921, West African Commercial Society decision, the commercial and industrial public service activities was excluded from the subject of administrative action and became the subject of civil suit. Otto Mayer understood public service as public service, which is the public administration activity that is subject to administrative suit in its entirety, that is, the public enterprise he expressed.(“entreprise publique”). Until World War I, public corporations as corporations that we understand today had been laissez-faire based on the concept of “the night watch state (Etat gendarme),” and due to the general mobilization nature of World War I, the state did not intervene extensively in the economy. At the beginning, due to the nationalization of private companies to wage war, public corporations began to become popular, and after the end of World War I, the West African commercial society judgment in 1921 made the activities of public corporations the subject of civil law suits. So, today’s organic concept of a public enterprise and Otto Mayer's concept of an operative nature must be disconnected. The word “public enterprise patent” used by Otto Meyer also refers to today's public service patents of an administrative nature, such as patents on eminent domain, which is a completely different concept from today's public corporations consisting of commercial and industrial corporations and joint stock companies under commercial law. Therefore, it should no longer be used.
 The Act on the Operation of Public Institutions is not an Basic Law. It is a plan to classify public corporations and quasi-governmental organizations based on the proportion of their own revenues out of total revenues, rather than classifying public corporations and quasi-governmental organizations based on their respective legal characteristics. As a convenient idea only for financial control by the Ministry of Finance, it is necessary to seek a control method corresponding to the classification according to the legal nature. The Local Public Enterprise Act confuses public corporations in the functional and organizational senses from their definition. Administrative law evolves in line with political and socioeconomic changes.

Upravlenie kul'turoj v SSSR v 1970-e gg.: istoriko-pravovoj aspekt

The article analyzes the organizational and legal foundations of state management of culture in the USSR in the 1970s on the basis of normative acts and official documents of that time. The strengths and weaknesses of the structural and functional construction of the public administration system of this industry are revealed. The possibilities of using the past managerial experience in the activities of public administration of culture in modern conditions are considered.