Administrative Decisions Research Articles

Стратегическое планирование в государственном управлении как система институциональных инструментов и механизмов целеполагания

The article is devoted to the subject field of political science research within the scientific specialty “Public Administration and sectoral policies” and the analysis of the practice of state strategic planning as a political system of institutional instruments and goal-setting mechanisms in the Russian Federation. The article discusses public political and legal mechanisms for combining values and goals with the choice of ways and methods to achieve them. The constitutional exclusivity and independence of each branch of government as the basis of its strategic resource and strategic planning potential is highlighted as the fundamental public political and legal mechanism for combining values and goals with the choice of ways and methods to achieve them. A general description of the architecture of the unified system of public power in accordance with the amendments to the Constitution of Russia and the current configuration of the public administration system is given. The importance of political factor of the effectiveness of the administration of strategic management system and the implementation of sectoral policies in modern Russia on the basis of the mechanisms of coordinated functioning and interaction of public authorities and local self-government in a single system of public authority is shown. Fundamental changes are highlighted that make it possible to significantly increase the efficiency of the federal government in a unified system of public authority with an emphasis on the implementation of national development goals of both the Russian Federation as a whole and the regions based on the sectoral structure of the economy. Attention is focused on the political goals of the regional factor of socio-economic development of territories on the basis of mechanisms and tools of strategic planning, the directions of fundamental political, legal, administrative and managerial decisions on the implementation of the regional investment standard are determined. The role of federal institutions of innovative development and provision of infrastructure projects and programs for solving the tasks of ensuring sustainable economic growth and diversification of the modern Russian economy, which cannot be optimally implemented by market mechanisms, was demonstrated. Conclusions are drawn about the importance of the interpretative understanding of politics as a system of institutional tools and goal-setting mechanisms in the political and legal practice of state strategic planning for determining promising directions in the subject field of scientific research within the specialty “Public Administration and sectoral policies”, for solving problems of improving the quality of public administration through the introduction of a management model based on big data and artificial intelligence, the transition of the public authority system to a data-based management model using a platform approach.

Audit and analysis of the financial condition of a medical organization

For the effective conduct of any business, systematic financial control is required, over the compliance of the organization with the norms of legislation in the process of implementation in its activities, administrative decisions made during its implementation and, accordingly, the formation of financial results of its activities. The organization needs to assess the resources used in the process of activity and receive objective information about, its financial condition for the further implementation of rational management decisions and increase the efficiency of activities and competitiveness in the market. It is possible to establish a real picture by conducting an audit of the financial condition of the organization and the results of its activities.

A constitutional complaint is a mechanism for protecting the constitutional rights of citizens

It has been established that a constitutional complaint helps citizens protect their constitutional rights and freedoms from violations by authorities. In a world where civil rights and liberties are threatened, this mechanism remains critical. The specified legal instrument is actually a means of limiting power and provides an opportunity to control the actions of the authorities, checking their compliance with constitutional norms. Therefore, a constitutional complaint is an important component of democracy, as it supports the principle of the rule of law and contributes to the development of a judicial system that guarantees equality before the law and a fair trial.
 It is emphasized that the recommendations of the Venice Commission note a significant trend in the development of European constitutionalism, which refers to the expansion of the scope of constitutional control over individual administrative decisions and judicial acts based on individual complaints. This trend is explained by the fact that human rights violations often occur due to unconstitutional actions or decisions that were taken in accordance with constitutional regulations.
 It is noted that constitutional courts are key actors in the field of consideration of constitutional complaints in many countries and usually have an independent status from other branches of government. This means that they make decisions without any influence, which makes their decisions more objective and fair. Decisions of constitutional courts have a decisive influence on the protection of constitutional rights and freedoms of citizens, and constitutional courts are a symbol of the rule of law in society. Their role is to remind all citizens and authorities that the Constitution is the supreme law that must be respected.
 In summary, a constitutional complaint is an important tool for ensuring the rule of law and protecting the constitutional rights of citizens. This mechanism helps to avoid abuse of power, non­compliance with constitutional norms and provides citizens with an opportunity to defend their rights in court. As a result, it contributes to the strengthening of legal democracy and the protection of human rights and freedoms.

Judicial Specialization and Deference in Asylum Cases on the U.S. Courts of Appeals

Many look to the federal courts as an avenue of control of the growing administrative state. Some advocate the creation of specialized federal courts of appeals in areas such as immigration and social security. Yet, little is known about whether repeat exposure to specific types of cases enables federal judges to overcome doctrines of deference and whether such an effect would be policy-neutral. Gathering a sample of over 4000 cases decided by the U.S. Courts of Appeals between 2002 and 2017, we demonstrate that exposure to asylum cases over time emboldens federal judges to challenge administrative asylum decisions, asserting their personal policy preferences. The effect is particularly strong when the legal issue should prompt deference based on bureaucratic expertise. These findings not only address important questions raised by bureaucracy and court scholars but also inform a salient public debate concerning the proper treatment of those seeking refuge within our borders.

The Sequence of Administrative Decisions Due the Organisation of Physical Training Process of Commissioned Officers

The article highlights a problematic issue and shows that management process is of decisive importance for the effective use of the combat capabilities of military formations during their performance of combat missions in modern warfire. The process of making management decisions, the ability to approve these decisions, which are necessary for the performance of management functions, is the basis of management theory. The commander needs to combine the skills of a qualified military specialist, leader and teacher, capable of making successful decisions in order to successfully manage all aspects of routine, moral, psychological and combat training of personnel. Many factors affect the process of making and implementing management decisions. They are the most significant: society and the environment in which the decision is made; compliance of the management elements with the purpose, vision and mission of the military unit; individual qualities of the leader (existence of life principles, value system, ideology, education, life experience, knowledge, habits, etc.); interdependence of decisions (one important decision entails the need to make a number of less important decisions); the risk and possibility of negative consequences due to wrong decisions; the degree of provision of modern technical, material means and weapons and the possibilities of their application in the decision-making process. An important role in the process of making a management decision by a commissioned officer is military internship. During this internship various combat situations are simulated under extreme conditions of training and combat activities with increased physical and psycho-emotional stress. Also, favourable conditions are created for commissioned officers to master the practical skills of performing there official duties, studying the content of commanders' activities to ensure a high level of combat readiness, organization and order in the real conditions of the functioning of military units.

Pengadilan Tata Usaha Negara Dalam Memberikan Perlindungan Hukum Kepada Masyarakat

Indonesia is a rule of law country, which means that all government administration actions must be based on law. One of the elements of a rule of law according to Friedrich Julius Stahl is the existence of Administrative Justice (PTUN) as a means of control over government actions as well as a medium for society to seek justice if the government's actions suffer losses. The existence of the State Administrative Court is a form of legal protection for the public for all legal actions carried out by the government so that it is in line with the provisions stipulated in statutory regulations and prevents the public from being exposed to arbitrary actions carried out by the Government. The enactment of Law Number 30 of 2014 concerning Government Administration has expanded the authority of the State Administrative Court in examining administrative decisions. With this extension, it is not my decision that can be used as an object of dispute, but positive fictitious decisions can also be used as an object of dispute.

The Mediating Role of Job Satisfaction in the Relationship between Organizational Culture and Job Commitment among Employees in the Ministry of Education in the Sultanate of Oman

The current study aimed to determine the relationship between organizational culture and job commitment in the Ministry of Education in the Sultanate of Oman, with job satisfaction as a mediating variable. To achieve the study objectives, a descriptive-analytical approach was adopted, using path analysis through the Amos ver.24 software in the Statistical Package for the Social Sciences (SPSS). This was done to examine the direct and indirect effects of job satisfaction as a mediating variable in the relationship between organizational culture as an independent variable and job commitment as a dependent variable, based on Baron & Kenny's model (1986((. To answer the research questions, the researcher developed a questionnaire as a data collection tool, consisting of three dimensions: organizational culture, including four dimensions; job commitment, including three items; and job satisfaction, including four dimensions. The study sample consisted of 168 employees from the educational directorates in Muscat, North Al Batinah, and Dhofar in the Sultanate of Oman The results of the study indicated a high level of organizational culture, organizational commitment, and job satisfaction among employees in the Ministry of Education in the Sultanate of Oman. However, the study results showed no significant mediating effect of job satisfaction between organizational culture and job commitment. On the other hand, the results indicated a statistically significant effect of organizational culture, with its dimensions (values, expectations, norms, and beliefs), on organizational commitment with its dimensions (affective, continuance, and normative), in the presence of job satisfaction as a mediating variable with its dimensions (relationship satisfaction with colleagues, satisfaction with work procedures, supervision style, and rewards and incentives). The study recommended the importance of applying principles of integrity and credibility in selecting qualified individuals for administrative positions among candidates, achieving the principle of fairness in dealing with employees, and activating the principle of delegation in making some administrative decisions in the educational directorates in the Sultanate of Oman. Additionally, there is a need to review the system of incentives and promotions to achieve a higher level of job satisfaction among employees in those directorates

National and International Legal Guarantees of the Administrative Detention in Jordan

Administrative detention is one of the tools used by the administration to maintain public order and to protect community security as an extrajudicial detention. Administrative detention enables local authorities to detain anyone who threatens public order, but without prejudice to his civil and personal liberties. According to the Crime Prevention Law of 1954, governors can take action against persons who are about to commit crimes or assist in the commission of crimes, as well as persons who have a habit of stealing, or who have a habit of protecting or harbouring thieves or helping to conceal or dispose of stolen goods. In accordance with the aforementioned law, governors can also take measures against anyone who is in a situation that makes his presence at large without bail a danger to people. However, although these measures are taken in accordance with the law, there are several national and international legal guarantees that should be considered to protect the rights of those persons. In January 2023, the Constitutional Court of Jordan examined the constitutionality of a number of articles of the Crime Prevention Law. The Court ruled that the law ensures to everyone the basic guarantees for challenging the administrative detention decisions, and ensures that the decisions fall within the principle of legality and the proper implementation of the law in order to achieve its purpose. The Constitutional Court ruling makes an insight on the importance of the guarantees for administrative detainees in the face of the legality of their detention. Using the descriptive method and the analytical approach, this study examines the legal framework of the national and international legal guarantees of the administrative detention in Jordan. It discusses the legal guarantees of administrative detention and the judicial control over administrative decisions that include administrative detention. Finally, the study concludes with a number of important results and practical recommendations.

Pelaksanaan Pembatalan Sertifikat Hak Atas Tanah Karena Cacat Administrasi dan Putusan Pengadilan di Kabupaten Lombok Timur

Efforts to guarantee legal certainty and land legality apart from publish land certificates, also can be done by canceling land ownership certificates. In practice, it was found that a lot of land in East Lombok Reegency was still under disputed status. The discovery of administrative defects due to human error is efidence of non-compliance with the principle of land registration. This study aims to analyze the mechanism for cancellation of land ownership certificates due to administrative defects and court decisions at the National Land Agency Office in East Lombok Regency. Researchers apply normative juridical techniques with statutory approach. National Land Agency (BPN) has the authority to issue and cancel land rights in a concrete and final manner which causes legal consequences for both individual and legal entities. When a land title certificate is published, there is a possibility of administrative defects, and it can be canceled by a court decision as a party with permanent legal force. Conflict resolution disputes land in East Lombok Regency through legal measures has advantages and also disadvantages compared to negotiation and also mediation. Legal measures for disputes land in East Lombok can be used as an alternative conflict resolution involving indigenous peoples in order to maintain national security.

ПРОГНОЗНО-АНАЛІТИЧНІ ІНСТРУМЕНТИ ЗМІЦНЕННЯ ЕКОНОМІЧНОЇ БЕЗПЕКИ В ПРОЦЕСІ ВІДНОВЛЕННЯ ПРОМИСЛОВОГО ПОТЕНЦІАЛУ

A requirement in the foresight of economic security stipulates the necessity of development and perfection of economic prognostication. Correctly chosen prognosis and analytical tools give information for the acceptance of the self-weighted decisions in relation to renewal and development of present industrial potential. A research aim is a choice of the most expedient prognosis and analytical tool the strengthening of economic security in relation to renewal of industrial potential on the different levels of management: the states, the region and subject of entrepreneurial activity. The methodological basis of research became the methods of dialectics, methods and principles of scientific cognition, tools of economic analysis in relation to forming of certain methodologies of analysis and evaluation of prognosis and analytical tool the strengthening of economic security, that allow to accept correct administrative decisions in war and post-war periods with the aim of proceeding in industrial potential. The basic hypothesis of research is supposition in relation to the choice of the most expedient prognosis and analytical tool the strengthening of economic security that will allow picking up thread industrial potential and extending the spheres of entrepreneurial activity. Exposition of basic material of research. It is well-proven that to the prognosis and analytical tools the strengthening of economic security it is possible to take different models that can be described by any types of equalizations. However these methods can get out arbitrarily, its must answer the objective features the realization of prognoses, experience of activity of front-rank subjects of management in relation to renewal of industrial potentials and got positive results on tactical and strategic levels. World experience testifies that an ideal set of tools is not for realization of prognosis and analytical calculations. Exactly that must be used in every case that answers concrete terms and possibilities of its use. The considered expediency of multivariable application and abstract models, foresight technologies and necessity the structuring of co-operation spheres are in the process of renewal the industrial potential and the strengthening of economic security. Originality and practical meaningfulness of research are confirmed by offered for the choice of prognosis and analytical tools the most expedient methods of prognostication and evaluation the strengthening of economic security and proceeding in industrial potential. Conclusions and prospects of further researches. The conducted research allowed to establish that in the modern terms of renewal the industrial potential there is a requirement in the choice of the most expedient prognosis and analytical tools of acceptance the correct administrative decisions in relation to the strengthening of economic security. The value of prognosis and analytical tools not always is determined by its authenticity, and that, like got results allow accepting correct decisions in relation to renewal of industrial potential and evaluation of its safety and durability. Further researches will be sent to the evaluation of effectiveness the realization of prognosis and analytical tools the strengthening of economic security and renewal of industrial potential with the use of technologies of artificial intelligence.

The Actual Proceeding and Administrative Relief System of Unfair Labor Practice in Taiwan: an Examination of Administrative Rulings and Court Decisions

The Actual Proceeding and Administrative Relief System of Unfair Labor Practice in Taiwan: an Examination of Administrative Rulings and Court Decisions

Послание папы Зосима епископам Галлий и Семи провинций

The paper includes a publication of a Latin translation of the Epistle Placuit apostolicae of Pope Zosimus to the bishops appointed in the dioceses of Galliae (Northern Gaul) and of Septem Provinciae (Southern Gaul), as well as a historical commentary and an introductory article. At the beginning of the paper, the historical context of the Epistle is described, then its content is considered. The Epistle sheds light on the relationship between the see of Rome and the sees of churches of Gaul (primarily, the Church of Arelate). Placuit apostolicae was written in the early days of the pontificate of Pope Zosimus (March 22, 417), probably as a reaction to the appeal of Patroclus of Arles who wanted to expand his influence and jurisdiction over the province of Viennensis and neighboring provinces of the South Gallic diocese, which contradicted the decisions of the synod of Turin in 398. In his letter to the Gallic bishops, Pope Zosimus expresses support for Patroclus and confirms special rights of the see of Arles: the right of the metropolitan bishop of Arles to ordinate bishops in the provinces of Viennensis, Narbonnensis I and Narbonnensis II; the privilege of issuing to Gallic bishops special cover letters (formatae) and recognition of primacy of the metropolitan bishop of Arles in Gaul (although the latter is not said expressiss verbis, but is implied); transfer of some controversial parishes in favor of Arles. With the help of these decisions, Zosimus was able to strengthen the influence of the Roman see in Gaul. Realizing that administrative decisions alone are not enough to fulfill these aspirations, Zosimus substantiates the rights of the see of Arles by appealing to the authority of Saint Trophimus, who, according to the legend first set forth in the letter, founded the first episcopal see in the Gallic lands and became the first bishop of Arles. It follows from this that the bishop of Arles enjoys the advantage of power in the region as Trophimus' heir. Through this narrative, Zosimus defended the interests of the see of Rome, which had sent Trophimus to christianize Gaul, and in the letter he actually constituted a hierarchical connection between the Churches of Gaul and Rome, asserting for Patroclus the right to issue formatae. Trying to change the ecclesiastical and administrative structure of Southern Gaul, Zosimus delegitimizes the decisions of the synod of Gallic Bishops in Turin.

Legal Administrative Review of Deviations in the Execution of State Administrative Court Decisions in Indonesia

The role of the Administrative Court in resolving disputes within the "Government Administration" in Indonesia caused by the absence of executive power has a significant impact. The State Administrative Court, Legal Proceedings Law, regulates the integration and clarification of the enforcement of State Administrative Court decisions, so the execution of the decision is genuinely dependent on the good faith of the government body or its officials in complying with the law. The problem of executing the decisions of the State Administrative Court is a common legal phenomenon. As mentioned by Paulus Effendi Lotulung, the issue of execution is present in various countries; even though multiple regulations and mechanisms regulate it, but there is still no sufficiently effective coercive legal means to force the relevant agencies or officials to comply with the decision. Several factors that cause the weakness of the execution of State Administrative Court (PTUN) decisions that have obtained legal force are as follows: First, the absence of legal regulations that require State Administrative Court officials to implement legally binding court decisions. Second, the factor of judges' reluctance to include forced monetary payments in case the relevant State Administrative Court officials do not execute the court decision. Third, the compliance factor of State Administrative Court officials in carrying out legally binding court decisions. The issue of executing State Administrative Court decisions is also related to the implementation of regional autonomy, as with regional autonomy, all regional government officials in districts/cities have extensive authority in managing their regions and inevitably use administrative decision-making methods.

KEKUATAN EKSEKUTORIAL PUTUSAN PTUN (ANALISIS PELAKSANAAN PUTUSAN PTUN PADA KASUS PERIZINAN PERTAMBANGAN PT. TMS)

The PTUN’s decision are often not obeyed and implemented by state administrative officer. When the decision of PTUN doesn’t have executorial effect, judicial control which is owned by the PTUN as a form of implementing good governance in Indonesian state administration will be unclear. One of the problem occurs in the realm of mining business license. Government as the publisher of mining business license is often reluctant to comply with PTUN decisions to revoke decree on business license that violate the law. The purpose of this study is to determine the compliance level of the Minister of Energy and Mineral Resources and PT. Tambang Mas Sangihe (PT. TMS) to PTUN decision. The method of this study uses a normative juridical research model. While the data collection technique of this study uses library method. The results of this study shows that the disputed object “Decree of Minister of Energy and Mineral Resources Number: 163.K/MB.04/DJB/2021” is considered that have violated the law and general principle of good governance. As consequence, in PTTUN Jakarta's decision, the Minister was ordered to revoke the decree of mining permit for PT. TMS. However, the decision was not implemented by the Minister and PT. TMS.
 
 Keywords : Administrative court, Administrative court decision, executive power.

Automated Uncertainty: A Research Agenda for Artificial Intelligence in Administrative Decisions

Administrative bodies in the European Union (EU) and its Member States increasingly rely on artificial intelligence (AI) technologies to make sense of complex scenarios. However, scholarship and practice have both shown that the adoption of AI in the public sector is accompanied by various risks, such as algorithmic discrimination or lack of oversight over decision-making. This article proposes that analyses of administrative decision-making in the age of AI must account for automated uncertainty, that is, for the uncertainty stemming from using AI in the public sector. Automated uncertainty is closely connected to the technical opacity of AI systems—but, unlike traditional forms of scientific uncertainty, it affects not only the facts but also the very decision-making structures of public administration. As a result, traditional remedies for uncertainty in administrative decision-making do not fully respond to the implications of AI-based automation for the procedural duties governing administrative decision-making. The article accordingly concludes with proposals of how administrative law scholarship can account for automated uncertainty and ensure that the use of AI does not erode the safeguards provided by the legal framework for administrative decision-making.

Improving Patient Outcomes Through Effective Hospital Administration: A Comprehensive Review.

This comprehensive review delves into the critical role of effective hospital administration in shaping patient outcomes within the healthcare ecosystem. Exploration of key components, strategies, measurement methodologies, and future trends elucidates the multifaceted nature of hospital administration. Key findings underscore the profound impact of administrative decisions and practices on patient safety, satisfaction, and overall well-being. The review highlights the importance of patient-centred care and interdisciplinary collaboration for enhancing patient outcomes. It emphasises the significance of data-driven measurement and benchmarking, which are instrumental in assessing hospital performance and fostering continuous improvement. Looking ahead, emerging technologies, evolving healthcare policies, and persistent challenges are drivers of change in healthcare administration. However, amidst these transformations, the overarching message remains consistent: effective hospital administration is integral to improving patient outcomes. The conclusion calls for a collective commitment from healthcare leaders and policymakers to prioritise the development of capable administrators, invest in technology, promote value-based care, and address healthcare disparities. This collaborative effort ensures that the pursuit of better patient outcomes remains at the forefront of healthcare administration, ultimately shaping the future of healthcare for generations to come.

Neighborhood Councils as A Local Participation Practice: The Case of France

In local governments, which are accepted as the cradle of democracy, the different needs and different solutions of different local units, the fact that the compatriots are affected by administrative decisions rather than political ones, has led to the need for active participation of the compatriots in the decisions of local governments and has led to the emergence of several methods and practices related to administrative participation. Neighborhood councils are one of the practices that ensure the active participation of citizens in the social life created in 2002, by the Law of "Démocratie de Proximité" (proximity democracy) in France. The aim of this study is to examine and describe the neighborhood councils, one of the participation tools that enable its citizens to participate actively in community life. The quantitative analysis method was used as the research method in the study, and in this context, a literature review and document analysis were used. In the first part of the study, a conceptual framework was created over the concepts of neighborhood and participation and examples of neighborhood participation in the world were presented. Then, the decentralization reforms carried out in France since 1982 and the arrangements made to increase local participation in these reforms were examined. In the second part of the study, the tools of local participation and local democracy in France were examined, and then the neighborhood councils formed by the "Proximity Democracy" law created in 2002 were evaluated.

THE ISSUES OF ACCOUNTING INFORMATION FOR SUSTAINABLE BUSINESS DEVELOPMENT

Information on sustainable business development currently needs more coordination, which can be done by organizations through accounting reports. The currently published accounting and financial reports do not fully present information related to the sustainable development of business, because the latter implies non-financial indicators as well. The article presents recommendations for the inclusion of information related to sustainable development in the published financial statements of organizations, which will create an opportunity for internal and external stakeholders to make business-related strategies. - administrative decisions.

“Please Note That the Famine Was Man-Made”: Sources of Personal Origin About the Ukrainian Holodomor (Famine) of 1932–1933

The author proposes classification of the Holodomor source base for a better understanding of the context of historical research on the issue. The author divides the sources into two large segments: official documentation deposited in archival institutions and sources of personal origin. The first segment includes five groups. Analysing the state of the sources of this segment, the author focuses on the gaps due to “archivocide” as the deliberate destruction by the Soviet authorities of traces of the famine in official documentation and the specifics of documenting administrative decisions of that period. That is why sources of personal origin constitute a significant segment of the Holodomor source base and should be more widely used in research. Here the author managed to identify six groups of unequal size. The article presents thematic blocks of sources of personal origin and gives examples of various types of such sources. A conclusion is made about the continuity of the narrative about the famine in the sources of personal origin and in the individual memory of Ukrainians. Here it is emphasized that the sources about the famine, which are diverse in types and authorship, did not appear out of nowhere in the post-war period or in the 1980s, but began to appear as early as 1932.

„Parašykite, kad badas buvo dirbtinis“: asmeniniai šaltiniai apie 1932–1933 m. Holodomorą Ukrainoje

The author proposes classification of the Holodomor source base for a better understanding of the context of historical research on the issue. The author divides the sources into two large segments: official documentation deposited in archival institutions and sources of personal origin. The first segment includes five groups. Analysing the state of the sources of this segment, the author focuses on the gaps due to “archivocide” as the deliberate destruction by the Soviet authorities of traces of the famine in official documentation and the specifics of documenting administrative decisions of that period. That is why sources of personal origin constitute a significant segment of the Holodomor source base and should be more widely used in research. Here the author managed to identify six groups of unequal size. The article presents thematic blocks of sources of personal origin and gives examples of various types of such sources. A conclusion is made about the continuity of the narrative about the famine in the sources of personal origin and in the individual memory of Ukrainians. Here it is emphasized that the sources about the famine, which are diverse in types and authorship, did not appear out of nowhere in the post-war period or in the 1980s, but began to appear as early as 1932.