Activities Of Public Administration Bodies Research Articles

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.

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

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.

Upravlenie narodnym obrazovaniem v SSSR v 1970-e gg.: istoriko-pravovoj aspekt

The article analyzes the organizational and legal foundations of the state administration of public education in the USSR in the 1970s on the base of regulations and official documents of that time. Conclusions are drawn about the strengths and weaknesses of the structural and functional construction of the public administration system in this industry. The possibilities of using the managerial experience of that time in the activities of public administration bodies of education in modern conditions are considered.

СУТНІСТЬ ТА ОСОБЛИВОСТІ АДМІНІСТРАТИВНОЇ ПРОЦЕДУРИ В ПУБЛІЧНОМУ УПРАВЛІННІ

B a c k g r o u n d . In Ukraine, administrative procedures are gaining more and more importance, within the framework of which the realization of the rights, freedoms and interests and duties of a person is guaranteed. The specified issue becomes relevant also due to the implementation of the Association Agreement, which leads to the acceleration of the pace of bringing national legislation in line with European standards. The understanding of the issue of definition and peculiarities of the application of the administrative procedure by public administration bodies is also acquired in the aspect of the implementation of the Public Administration Reform Strategy of Ukraine for 2022-2025, among the priority tasks of which is the provision of high-quality, convenient services, as well as understandable procedures for individuals and legal entities. The purpose of the study is to outline the essence and features of the administrative procedure in public administration, taking into account the state of development of this issue in the scientific literature. To achieve the goal, the following tasks were defined: generalize theoretical developments and define the concept and essence of the administrative procedure; to reveal the peculiarities of the implementation of the administrative procedure in the activities of public administration bodies for further reflection in legislative acts. M e t h o d s . The author used a complex of general scientific and special methods of scientific knowledge. The methodological basis of the research is the general scientific dialectical method, which made it possible to clarify the essence of the administrative procedure. The application of methods of analysis and synthesis provided an opportunity to distinguish relevant concepts and phenomena, to reveal their special features. The modeling method was applied during the development of conclusions regarding the definition, meaningful filling and implementation by public management bodies of administrative procedures in Ukraine. R e s u l t s . The given scientific views make it possible to understand the administrative procedure as one of the types of procedural activity of public administration bodies for the realization of the rights, freedoms, obligations and interests of individuals and legal entities. The peculiarity of the administrative procedure for the activity of public administration bodies is in the following aspects: to ensure the organization of the activity of public administration bodies; to guarantee the interests of the person, as well as the rights and freedoms of individuals and legal entities; to create a coherent, consistent and effective procedure of actions of public administration bodies for making a management decision; to ensure transparency and openness in the performance of the functions of public administration bodies during the adoption and implementation of organizational and administrative or managerial decisions. The meaningful content of administrative procedures is their constituent structural elements such as participants (public administration bodies and individuals), persons who contribute to the consideration of an administrative case, stages of the administrative procedure, and administrative acts. The author includes the following stages of administrative procedures: initiation of administrative proceedings; preliminary review of documents; consideration of an administrative case; adoption of an administrative act; execution of an administrative act. С o n c l u s i o n s . Due to the adopted codified legislative act on administrative procedure (the Law of Ukraine "On Administrative Procedure"), existing urgent key problems and inconveniences of legal regulation of administrative procedure should be resolved and streamlined. By enshrining in national legislation, the general rules and principles of administrative procedure, favorable conditions for legal determination will be created and a guarantee will be provided regarding compliance with the rights of citizens and legal entities when public administration bodies determine their rights and obligations.

ОСОБЛИВОСТІ МЕХАНІЗМУ ЛОБІЮВАННЯ В СИСТЕМІ ДЕРЖАВНОГО УПРАВЛІННЯ

Along with the reforms of Ukrainian society, phenomena that are objectively inherent in democratic processes are increasingly entering our political life, and are proclaimed to be their component, attribute, and sign. Among these phenomena is lobbying. Lobbying is one of the most pressing political and legal issues of our time, an integral part of the political and legal life of Ukraine. In addition, the Ukrainian system of public administration at the current stage of its development is characterized by the absence of a formalized lobbying institution. However, the existence of this phenomenon in Ukraine cannot be denied. Its existence and scale are evidenced by massive articles in the media, public statements of state and political figures. As the experience of many countries shows, the informal state of lobbying is a certain stage of its development and institutionalization of this public administration phenomenon. In modern conditions, lobbying is considered to be the main method of representation of mainly private interests and a lever of influence of certain groups of the country's population on the activities of public administration bodies. The use of lobbying, in comparison with any other public means of influence, can satisfy not only the general public interests, but also the interests of certain clans or groups of the population. For lobbying to be socially useful, it is necessary to ensure the proper development of democratic institutions, civil society, and state and political stability. That is why it is worth emphasizing that the purpose of the article is to analyze the peculiarities of the lobbying mechanism in the public administration system. The article examines the theoretical aspects of lobbying in the process of interaction between government, business and public associations. The features and essence, place and role of lobbying in the system of representation of political interests in the modern world are determined. The specifics of the Ukrainian lobbying practice, the main aspects, forms and directions of interaction between non-governmental organizations and public authorities in Ukraine are identified. The author emphasizes the expediency of lobbying for the interests of socially vulnerable groups of the population. The author emphasizes the current problems of legalization of lobbying, the ways to solve which are to create a regulatory framework for lobbying and bodies of interaction between government and business.

Administrative and legal principles of activity of public administration bodies that ensure road traffic safety

Administrative and legal principles of activity of public administration bodies that ensure road traffic safety

Types of Judicial Control over the Activities of Public Administration Bodies in Ukraine and Directions of its Implementation

Types of Judicial Control over the Activities of Public Administration Bodies in Ukraine and Directions of its Implementation

Activities of military administrations under martial law in Ukraine

The relevance of the subject under study is conditioned upon the fact that in Ukraine, during the period of the legal regime of martial law, special bodies of public power with the powers of a military management organization can be created. Such bodies are military administrations and civil-military administrations, whose separation of powers is a complex process that requires more research. The purpose of this study was the legal characterization of the activities of special bodies in the conditions of military threats in Ukraine and the formation of proposals for improving the legislation in the area under study. The methods employed for this study include comparative, system-structural, comparative legal, formal legal, and systematization. The results established that in the conditions of a full-scale invasion, supporting the proper level of activity of public administration bodies is a necessary component in the fight against the enemy that encroaches on the territorial integrity of the state. It was found that ordinary citizens often identify the activities of military administrations and military civil administrations, which have different powers. This paper argues the need to outline basic provisions in the Constitution of Ukraine regarding the organization of the activities of military administrations to harmonize the provisions of the Law of Ukraine “On the Legal Regime of Martial Law” with the provisions of the Constitution of Ukraine. The relevant practices of Israel and the United States of America were analysed. It was proposed, following the example of Israel, to introduce separate zones in Ukraine, considering the level of potential or existing military threat, and, depending on this, to give military administrations proper autonomy and powers. The materials of this study can be useful in studying the disciplines “Military law”, “Municipal law”, “Administrative law” since this study distinguishes the powers of military civil administrations and military administrations and provides examples of positive foreign practices in organizing the activities of public authorities in the context of military threats.