Activities Of Public Administration Bodies Research Articles

INVENTORY OF STOCK LAND OF UKRAINE IN THE SYSTEM OF ADMINISTRATIVE PROCEDURES

The article is devoted to the analysis of the concept of "administrative procedure" in the mechanism of public management of the land use and protection of the reserve land of Ukraine and the concept of "inventory of reserve land" and its place in the system of administrative procedures. It is determined that one of the promising directions for ensuring the efficiency of the implementation of the system of administrative procedures in the field of natural resources is to intensify the implementation of the state inventory of the reserve lands, the priority use of which is determined by the need to solve strategic complex problems of the development of the Ukrainian state. The purpose of this study is to elucidate the problems of legal regulation of the administrative procedure of the state inventory of lands of the reserve of Ukraine. It is determined that among the features of the administrative procedure in the mechanism of public management in the field of land use and protection are the following: they are related to the activities of public administration bodies; regulated by administrative and legal norms; ensure the consistency of actions that the subject of these relationships must take; their purpose is to ensure the exercise of the rights or obligations of a particular legal entity; applied to resolve a specific issue; entities are public authorities, local self-government bodies and their officials and officials natural and legal persons; entails the onset of external consequences; are completed by the adoption of the relevant administrative act, which is binding. The author investigates organizational and legal prerequisites for land inventory. It is concluded that the administrative procedure of the state inventory of the land of the reserve is the activity of public administration bodies, regulated by administrative norms, which provides for the collection and analysis of the information about the object of inventory and their entry in the State Land Cadastre of Ukraine in order to facilitate the effective use of the state land fund and sale interest. In the course of the conducted research it is determined that the state inventory of the land fund of Ukraine will allow to prevent violations of the land legislation and to ensure effective management of land resources, to carry out perspective planning of their use.

ВИЗНАЧЕННЯ ЗАВДАНЬ ОРГАНІВ ПУБЛІЧНОЇ АДМІНІСТРАЦІЇ ПРИ ЗДІЙСНЕННІ ПУБЛІЧНО-СЕРВІСНОЇ ДІЯЛЬНОСТІ У СФЕРІ МІСТОБУДУВАННЯ

The article is devoted to topical issues of public administration tasks in the implementation of public service activities in the field of urban planning. The author notes that the analysis of the types of administrative services provided to entities (individuals and legal entities) determines the low level of development and some uncertainty in the regulations for the provision of such services. It is noted that the service state is formed from a number of important and interconnected elements, one of which is its social purpose, which is manifested in the activities of public authorities in the process of providing public services. The article defines urban planning activity as a system with polysubjective composition, as it is a purposeful activity of state bodies, local governments, enterprises, institutions, organizations, citizens, associations of citizens to create and maintain a full living environment, which includes forecasting development settlements and territories, planning, construction and other use of territories, design, construction of urban planning facilities, construction of other facilities, reconstruction of historic settlements while preserving the traditional nature of the environment, restoration and rehabilitation of cultural heritage sites, creation of engineering and transport infrastructure. It is emphasized that when studying the public service activities of public administration bodies, it is necessary to take into account the fact that the improvement of the procedure of its implementation and legislative regulation and regulation has not only service but also law enforcement content. Based on the identified aspects of public service activities of public authorities in the field of urban planning, it is possible to formulate such tasks that should help create appropriate conditions for individuals and legal entities, under which the latter are able to effectively implement and protect their rights guaranteed by law. , freedoms and legitimate interests: development and implementation of effective tools, methods and techniques of service policy in the field of urban planning; introduction of clear mechanisms for the provision of services by public authorities and further implementation of the Unified State Electronic System in the field of construction, etc.

Comparative legal analysis types of administrative procedure

The author conducts a comparative legal study of the types of administrative procedure, using the experience of the United States, France and Poland in order to form a conceptual overview and a systematic approach to the typology of administrative procedure.The author monitors the procedural legislation of the above countries in order to consolidate the types of administrative procedure.In the course of research the author comes to conclusions, in particular: in the USA types of administrative procedure depend on type of rule-making. In accordance with the provisions of the US Federal Act “On Administrative Procedure” distinguish: formal rulemaking, informal, exclusive, hybrid and conciliatory. The approach of the Polish legislator to the types of administrative proceedings differs from the approach of the American legislator in a differentiated nature. The Code of Administrative Procedure reflects the general approach, as the types of proceedings presented in it cover the main activities of public administration bodies, and as for special – the legislator has provided for special regulation.In the legislation of many foreign countries, the general model of administrative procedure is fixed at the level of the Law or Code.As for the Ukrainian legislation, today, the Law “On Administrative Procedure” is absent, therefore, all procedures automatically become special. Details of various aspects of various types of administrative procedures take place both at the level of special laws and at the level of by-laws issued by other executive bodies. The list of these acts is so extensive and heterogeneous that there can be no question of the full compliance of the provisions embodied in them with each other. Moreover, such a variety obviously causes difficulties with the search for anapplicable norm for a private individual who is faced with a particular administrative procedure, and even for officials.The conducted comparative analysis of the species diversity of the administrative procedure will help us: firstly, to formulate a comprehensive vision and develop a unified approach, secondly, to rethink the conceptual framework within which the administrative procedure operates, and thirdly, it will provide an opportunity to introduce proposals into the project legislation.

Аналіз державної політики зайнятості на сучасному етапі

The article reveals the directions of government policy in the field of employment, in particular: constant improvement of existing legislation, increasing the purchasing power of the population, preventing the development of unemployment and reducing it, stimulating economic activity, reforming public administration in the field of employment. Factors influencing the employment of the population of the regions: natural–geographical, demographic, economic, social, legislative–legal, political, legal, technical–technological, historical–cultural, ecological. Particular attention is paid to the modernization of the Government Employment Service through the expansion and active implementation of electronic and innovative services. As part of the reform of state employment policy in the of the Government Employment Service, new forms of social services were introduced: educational portal; provision of electronic social services to citizens and employers; institute of career counselor, differentiated approach to clients, taking into account skills, qualifications and provision of targeted services to return them to the labor market; individual plans for the provision of social services and employment. To modernize the civil employment service and determine its role and significance for society, the Strategy for the Development of the Civil Employment Service for 2020–2022 was developed and the service was improved on the basis of the main pillars of service provision, introduction of new approaches to staff work. It is proved that to overcome the employment crisis it is necessary to update the contents of the government employment policy, to shift the focus from payment of unemployment benefits to the creation of modern jobs and facilitate the unemployed to develop their activity and competitiveness in the labor market. In particular, national employment policy priorities, state employment programs, legislation and regulations should be developed at the state level. The entire content of public administration activities to implement employment policy should reflect the full range of active and passive measures of the state in the labor market and apply the most effective methods and techniques of public administration, taking into account the specifics of a particular region. Thus, the activities of public administration bodies to implement an effective employment policy should be aimed at creating more active measures in the labor market, considering the specifics of a particular region and community.

Ways to improve the forms of control in the activities of public administration bodies

Ways to improve the forms of control in the activities of public administration bodies

CRISIS MANAGEMENT AS A SCIENTIFIC COMPONENT OF MANAGEMENT DECISIONS IN THE SPHERE OF CIVIL PROTECTION

A condition for the sustainable functioning of the civil protection system is a clear understanding of the nature of crisis situations and emergencies in terms of public administration functions and tasks.
 An analysis of the functioning of the state system of technological and natural safety in Ukraine shows that modern principles of protection of the population and territories are implemented at an extremely slow pace.
 One of the main reasons for the low level of safety of the population, territories, social, technogenic and natural objects in Ukraine is the weakness of the state policy aimed at strengthening preventive activities in the field of technogenic and natural safety.
 Investigate the scientific component of managerial decision-making with a rapid change in the limits and boundary conditions of an emergency and the possibility of applying a crisis management methodology.
 The processes of making a management decision in the emergency are vital, for example, in the event of fires, catastrophes, natural disasters, where it is not just about the optimal use of material and financial resources, but first of all about people’s lives.
 Reducing the time for the development, adoption and implementation of managerial decisions, the growth of uncertainty and risk, the need to attract additional resources from the reserves, and the existence of different modes of functioning of the public administration system in the emergency conditions indicate that public administration in this area has certain features. Their consideration in the activities of state administration bodies under the emergency will reduce the likelihood of inadequate management decisions, will save resources and time to eliminate the consequences of the emergency, reduce losses.
 Crisis management methodology allows you to determine the two basic things about managing in an emergency, namely the vulnerability and sustainability of the operation of the object (industry, administrative territory). That is, vulnerability is the lack of ability to perform important functions before and after an emergency (such as evacuation, search and rescue, crisis communications, public information, etc.). Accordingly, sustainability is the ability to function under the influence of an emergency factor, to promote public awareness of an emergency, and to build capacity through hazard and vulnerability analysis, resource accumulation, planning, training and training of emergency response services and volunteers.
 Crisis and emergency activities involve close cooperation with various institutions and structures outside the usual context of communication. There are severe time constraints that prevent the identification of who is responsible for solving the problem. The key to this is the degree of readiness for action in such circumstances, a predefined range of responsibilities and a division of responsibilities, which implies the ability to take on a much larger range of challenges and potential threats compared to their existing experience.
 The degree of readiness for action in such circumstances and their effectiveness and efficiency may depend on the reputation of the institution and its management. In this respect, the crisis not only poses new threats to managers, but also opens up new opportunities for them (effective actions in crisis situations and emergencies can help the career growth and authority of the manager).
 Extremely important are the decision-making processes in emergencies, such as in the event of fires, technogenic disasters, natural disasters, when it comes not only to the optimal use of material and financial resources, but first and foremost about the lives of people.
 Reduced time for the development, adoption and implementation of management decisions, increasing uncertainty and risk, the need to attract additional resources from the reserves, the availability of different modes of functioning of the system of public administration in the conditions of the emergency indicate that public administration in this area has certain features. Their consideration in the activities of public administration bodies in the conditions of the emergency will reduce the likelihood of making inadequate management decisions, will help to save resources and time to eliminate the consequences of the emergency, and to reduce losses.

Current status and development prospects of the public administration for the provision of administrative services

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

TYPES OF FORM OF PUBLIC ADMINISTRATION: UPDATING DOCTRINAL APPROACHES

The article poses the question of updating approaches to types of forms of public administration. Therelationship between legal and organizational forms of public administration is established. The latter term is proposed to use insteadof the commonly used phrase "unlawful forms of public administration", which is used to denote those external manifestations of the activity of public administration bodies, which does not entail a direct legal consequence. The critique of the term "illegal forms of public administration" has been supported. It is stated that the perception of organizational forms as not causing legal consequences does not fully reflect the legal validity. Separate organizational forms are defined by law as the solepossible for the adoption of certain types of administrative decisions by collegiate bodies of public administration, and their non-compliance leads to the nullity of further legal form. The given group of forms of activity of the public administration has a special legal nature and significance for objectification of the legal activity of the subjects of public administration, in connection with which such a group is proposed to be terminated as "structural forms of public administration". The given justifications of the relevant term are presented as debatable. It was emphasized that the failure of organizational forms to cause legal consequences in the field of public administration does not in any way deprive their properties of causing legal consequences in the private legal relations. It is noted that public administration can act in public-law and private law forms, and forms of public administration are only a part of public-law forms, which include other types of legal forms, the use of which is provided for by the rules of the current legislation. It was concluded that public administration as a concept of functioning of executive bodies, local self-government bodies and their relations with civil society significantly changed the interrelationships of legal and organizational forms of public administration and strengthened them to such an extent that it is sometimes impossible to draw a clear line between these types forms.

Transparency as phenomena and requirements of public power

The article attempts to highlight a number of elements relating to transparency as phenomena and requirements of public power, as well as ethical operational value in the practice of public authorities. The author developed a theoretical analysis of the transparency of public authorities as a starting point, which will give a practical effect of positive administrative activity. Transparency, as a phenomenon and phenomenon, is evidence of the maturity and development of society, taking into account the ability of the latter to recognize the need for a permanent dialogue both within the society itself and with the institutions of the state, the authorities. Modern scientific approaches to the analysis of the phenomenon of transparency in society and the state testify to the efforts to form a clear idea of the structure and nature of the phenomenon of transparency and its role in the activities of public administration bodies in the context of establishing cooperation between civil society and the state. At the conceptual level, the phenomenon of transparency is a guarantee of confidence in the authorities and a fence against abuse on their part, which in the end forms and ensures effective partnerships between the state and its citizens. The public's trust in public authorities depends directly on their level of transparency, since it relates to the communicative ability to cooperate and respond promptly to criticism and to overcome the contradictions between public and public interests. The approach, which sets the priority of the unequal treatment of state institutions and civil society, is considered incorrect and leads to disputes and conflicts that have a destructive result for the development of the state as a whole. Therefore, attempts to create additional obligatory and restrictive mechanisms and instruments by the state should be carried out extremely moderately, taking into account and counting the onset of the possible consequences of their introduction, as well as with a preliminary assessment of the expert environment and broad discussion among citizens. Otherwise, such initiatives will have the opposite effect and will play a catalyst role for civil unrest and a permanent conflict with public authorities.

“CONFLICT OF INTERESTS” IN NATIONAL LEGALITY AND LEGISLATION OF UKRAINE

The article reveals the peculiarities of the legal provision of a mechanism for preventing and resolving conflicts of interest in the field of activity of public administration bodies. Attention is drawn to the fact that the conflict of interests significantly increases the risk of committing corrupt acts, and therefore it is only a prerequisite for corruption in public administration. It is stated that in the national legal system, firstly, there is no clear understanding of the conflict of interests as a negative factor in the activities of public administration bodies; secondly, there is no positive practical experience in applying the norms of the current legislation on the prevention and settlement of conflicts of interest.

ЗАБЕЗПЕЧЕННЯ ЕФЕКТИВНОСТІ НОРМАТИВНО-ПРАВОВИХ АКТІВ ОРГАНІВ ПУБЛІЧНОГО УПРАВЛІННЯ: ВІТЧИЗНЯНИЙ І ЄВРОПЕЙСЬКИЙ ДОСВІД

ЗАБЕЗПЕЧЕННЯ ЕФЕКТИВНОСТІ НОРМАТИВНО-ПРАВОВИХ АКТІВ ОРГАНІВ ПУБЛІЧНОГО УПРАВЛІННЯ: ВІТЧИЗНЯНИЙ І ЄВРОПЕЙСЬКИЙ ДОСВІД

Formation of the legal category "subject of public administration"

The article discusses the implementation of a man-centric approach in the activities of public administration bodies through the prism of administrative reform. Analyzed goals, objectives and expected results of administrative reform. It was noted that, together with the European integration processes that take place in the state, significant importance is given to the formation and legislative consolidation of concepts, among which the concept and list of public administration bodies is of great importance.

TRANSPARENCY IN ACTIVITIES OF PUBLIC ADMINISTRATION BODIES AS ONE OF THE KEY PRINCIPLES

The article analyzes the modern principle of transparency and openness of the activities of public administration bodies in Ukraine – transparency. Practical experience in ensuring transparency in the activities of public administration bodies has been considered, and comprehensive directions have been developed to improve the mechanisms of transparency and openness of state bodies in the implementation of public policy in Ukraine.

Subjects and objects of public administration in the sphere of fire safety in Ukraine

The article analyzes the current state of the normative and legal support of the activity of public administration bodies in the field of fire safety of Ukraine. Their place, role and functions in providing fire safety, the need for further regulation and improvement of regulatory and legal regulation in this field are considered in order to optimize the work of state bodies in the field of fire safety of Ukraine, eliminating duplication of their functions. The subjects and objects of public administration in the field of fire safety in Ukraine, which are enshrined in normative-legal acts, are analyzed. It’s proposed to make changes to the system of the current legislation in Ukraine in the field of fire safety, in particular the Code of Civil Protection of Ukraine (2012) and constructed a prescriptive model of the subject-object legal relations of the state fire safety management.

MAIN TRENDS AND DIRECTIONS OF DEVELOPMENT OF THE SYSTEM OF PUBLIC GOVERNANCE BY SOCIAL-ECONOMIC PROCESSES OF UKRAINE

The article analyzes the peculiarities and tendencies of the development of the system of public administration of socio-economic processes in Ukraine. The authors paid special attention to the formation of measures aimed at implementing the principles of transparency and democracy in the activities of public administration bodies. The processes of globalization and the formation of an information society contributed to the development of these activities, which helped to improve the efficiency of public administration, and, consequently, the quality of life of society as a whole.
 Under public administration, the article refers to a set of functions of publiclaw formations implemented on the basis of the principles of transparency, legality, democracy, strategic partnership of power, population and business, ensuring sustainable feedback and involving in the process of managing the population in the form of institutionalized relations at the state, regional, municipal levels, in order to ensure sustainable socio-economic development of the territories and improve the quality of life. Consequently, for each public administration authority of a particular level (state, local), in accordance with the current legislation, the implementation of certain management functions is fixed.
 It is noted that the complexity and cumbersomeness of legislation in many respects complicates the control over its compliance and requires, for these purposes, a significant involvement of all kinds of resources by public administration bodies, which, in their constraints, is particularly critical. Implementation of the strategic partnership of government, population and business in the context of sustainable development, in our opinion, means the formation of new value systems for all participants in socio-economic relations in the context of the Global Reporting Initiative and combining their efforts in balancing economic, environmental and social processes based on socio-economic partnership of the population, government and business.

MAIN TRENDS AND DIRECTIONS OF DEVELOPMENT OF THE SYSTEM OF PUBLIC GOVERNANCE BY SOCIAL-ECONOMIC PROCESSES OF UKRAINE


 
 
 The article analyzes the peculiarities and tendencies of the deve- lopment of the system of public administration of socio-economic processes in Ukraine. The authors paid special attention to the formation of measures aimed at implementing the principles of transparency and democracy in the activities of public administration bodies. The processes of globalization and the formation of an information society contributed to the development of these activities, which helped to improve the efficiency of public administration, and, consequently, the quality of life of society as a whole.
 Under public administration, the article refers to a set of functions of public- law formations implemented on the basis of the principles of transparency, lega- lity, democracy, strategic partnership of power, population and business, ensuring sustainable feedback and involving in the process of managing the population in the form of institutionalized relations at the state, regional, municipal levels, in order to ensure sustainable socio-economic development of the territories and improve the quality of life. Consequently, for each public administration autho- rity of a particular level (state, local), in accordance with the current legislation, the implementation of certain management functions is fixed.
 It is noted that the complexity and cumbersomeness of legislation in many respects complicates the control over its compliance and requires, for these pur- poses, a significant involvement of all kinds of resources by public administration bodies, which, in their constraints, is particularly critical. Implementation of the strategic partnership of government, population and business in the context of sustainable development, in our opinion, means the formation of new value sys- tems for all participants in socio-economic relations in the context of the Global Reporting Initiative and combining their efforts in balancing economic, environ- mental and social processes based on socio-economic partnership of the popula- tion, government and business.
 
 

Інформаційно-аналітичне забезпечення діяльності органів державного управління

Інформаційно-аналітичне забезпечення діяльності органів державного управління

Развитие научных подходов к основаниям классификации принципов административного права: сравнительно-правовой аспект

Рассмотрены современные доктринальные подходы к развитию оснований классификации принципов административного права с учетом становления ряда новых институтов административного права в европейских странах. На основе проведенного сравнительно-правового анализа предложено внедрить в отечественной науке административного права и правоприменительной практике ряд инновационных оснований для классификации принципов административного права, связанных с формированием европейского административного права, прецедентных решений Европейского суда по правам человека, общих принципов права, в т.ч. с учетом европейской региональной специфики.
 Отдельно рассмотрена проблема определения и обоснования места и значения принципов общего характера, в частности, общих принципов права Европейского Союза, принципов, закрепленных в Конвенции о защите прав и основных свобод человека, фундаментальных принципов права Европейского Союза и др.
 Сформулированы предложения о внедрении в действующем законодательстве Украины отдельных подсистем принципов административного права, определяющих требования к деятельности органов публичной администрации с учетом концепции «good administration».