Collegial Bodies Research Articles

Полиция Российской империи при Павле I (1796–1801)

The article examines the activities of the Russian police during the reign of Emperor Paul I on the base of official documents. Deanery councils, as collegial bodies, were liquidated, and police officers and assistants were appointed to provincial cities. The city police were subordinate to the military governor or military commandant. In the capitals, police functions were transferred to the Commission for Supplying the Residence with Supplies, as well as to the military Governor, who was assisted by the chief police officer and two police officers. However, the country maintained a volatility control by the police. The police were periodically subordinate to either the military or the civilian governor.

Collegiality and monocracy in self-government structures

The article deals with the subject of collegiality and monocracy in the structure of local government authorities in Poland. The author begins his considerations with the characteristics of the collegial and monocratic form of organization of administrative organs. It indicates their essence, advantages and disadvantages and the related possibilities of their application in public administration. The next part of the study analyzes the existence of collegial and monocratic forms in the organizational system of local government authorities, which are treated in a broader sense than just as organs of individual local government units. The author indicates collegial and monocratic structures, emphasizing that the former are clearly preferred, and discusses the postulate of extending the monocratic form to all local government executive bodies; also draws attention to the need for a legal solution to the emancipation of monocratic offices of heads of collegial organs towards the separate and independent offices. An important role is played by the presentation and evaluation of various collegial bodies with which local government organs are enclosed. The considerations end with summarizing reflections, in which the timeliness and importance of the issues under consideration is emphasized, along with the listing of the most important issues.

Zakład lecznictwa uzdrowiskowego. Część 2. Status prawny organów zakładowych podmiotu leczniczego i personel uzdrowiskowy zakładu

The spa treatment facility located in the health resort is distinguished by its specificity due to the fact that it conducts spa treatment in this type of medical entity. For the proper performance of the healing function and offering the health services for which a given spa is intended, the human factor plays an important role, taking into account the specificity of the health resort. This applies to those constituting the authorities of a health resort treatment facility, namely the manager and social committee (which in this study are limited to non entrepreneurs), as well as medical professionals and other employees. The special powers of the authorities and staff of spa treatment facilities towards the people using the health services provided there are reflected in the sources of law, which include the statute and organizational regulations of this type of medical facility. The article contains an analysis and assessment of legal regulations relating tothe scope of the activities of the authorities of this type of spa treatment facilities, with particular emphasis on the manager and social council and staff, especially person body plays a fundamental role in managing a medical facility, with responsibility for management and for all facility employees. On the other hand, the social committee, which is the collegiate body of this institution, is appointed only ina non-entrepreneurial medical facility, and this body is characterized by a specific legal nature that performs various tasks. The efficient operation of the plant is also ensured by professional medical staff, other medical workers and other employees. The legal status of company bodies and personnel is presented in terms of generally applicable regulations, as well as in the context of the organizational regulations and the statute of the spa treatment facility.

COMPARATIVE ANALYSIS OF FOREIGN AND UKRAINIAN EXPERIENCE OF PUBLIC REGULATION OF RURAL GREEN TOURISM DEVELOPMENT

The article considers the mechanisms of introduction of the state-public model of education management in the activity of local self-government bodies. It is proved that education management needs constant improvement and modernization, and decentralization, democratization, formation of civil society as processes of the country's development put on the agenda the formation and development of state-public model of education management, mechanisms of its implementation in local government. The necessity of formation of theoretical and methodological bases of research of the role of local self-government bodies in the state-public model of education management in Ukraine, study of foreign experience of participation of local communities in solving educational problems, definition of new approaches to management of all educational activity, especially at local level conditions under which the activities of local governments in implementing a new model of education management will be effective. The concept of "state-public management of education" as a type of interaction between the state and society, the process of combining the activities of the state and community. The purpose of state-public education management is defined - satisfaction of educational needs and realization of the right to access to quality education. Foreign and domestic experience of education management at the regional level is analyzed. It was found that today local governments have some positive experience in involving the public, holding consultations, establishing collegial bodies at local councils, holding public discussions and general meetings. It is proved that education management in most foreign countries (Great Britain, Latvia, Germany, Poland, USA, Finland, France) is carried out in compliance with the principle of decentralization with the transfer of most state functions to local governments, NGOs and the private sector. Key words: education, state-public management of education, quality of education, local self-government. decentralization of education management.

La contribución de la universidad para mejorar el trabajo académico de los profesores de posgrado

El artículo forma parte de una investigación de carácter cuantitativo y cualitativo sobre el profesorado de posgrado, que se llevó a cabo en una universidad pública del Centro de México. El proyecto tuvo dos fases: la aplicación de un cuestionario–escala, al que se agregaron preguntas abiertas y un programa de entrevistas, con base en diez interrogantes, que se aplicaron a un total de 34 académicos de dicho nivel de enseñanza. El objetivo del presente trabajo es el análisis de uno de los cuestionamientos de dicho programa de entrevistas: ¿Cómo puede contribuir la universidad para mejorar el trabajo académico de los profesores del posgrado? que recupera lo expresado directamente por los sujetos. En la parte metodológica se presentan dos procedimientos. El primero expone la manera en que se eligieron los 34 entrevistados y el segundo se refiere al proceso por el que se definieron las categorías empíricas con base en lo que contestaron los académicos. Dividimos el artículo en dos apartados: una revisión de literatura sobre publicaciones mexicanas acerca del papel que desempeñan las universidades para apoyar las funciones sustantivas, y los argumentos que dieron los entrevistados, clasificados en siete categorías de carácter empírico. Lo que plantean es que la institución atienda los siguientes asuntos: Soluciones para los diversos problemas burocrático–administrativos; Mejorar las condiciones de trabajo; Tomar en cuenta el cuestionamiento a los sistemas de mérito; Promover apoyos para la docencia y para los estudiantes; Facilitar la comunicación; Desarrollar los procesos de evaluación, y Fomentar la madurez de los cuerpos colegiados y revisar las políticas generales del posgrado. Una de las principales conclusiones es que la pregunta ¿Cómo puede contribuir la universidad para mejorar el trabajo académico de los profesores del posgrado? detonó en los académicos entrevistados diversas inquietudes, reflexiones, respuestas y propuestas que pueden ser recuperadas y aprovechadas para la mejora de las instituciones universitarias.

Relações entre o decreto nº 9.759/2019 e as ações do CONANDA pelo direito à educação

Este artigo tem como objetivo refletir sobre o funcionamento do Conselho Nacional dos Direitos da Criança e do Adolescente (CONANDA), após a promulgação do Decreto nº 9.759 de 11 de abril de 2019 que extinguiu e estabeleceu diretrizes, regras e limitações para os órgãos colegiados da administração pública federal. De cunho qualitativo, a reflexão se baseia na fundamentação teórica e legal sobre a participação social na tomada de decisões sobre políticas públicas para a criança e adolescente. Relatório apresentado pelo CONANDA ao Conselho Nacional de Direitos Humanos (CNDH) evidencia dificuldades enfrentadas no seu funcionamento após a regulamentação do supracitado decreto. Avaliando os problemas de funcionamento do CONANDA no referido relatório, consideramos que as ações dos demais conselhos, estaduais e municipais também podem ser influenciadas, ocasionando uma fragilidade na garantia e proteção dos direitos da criança e do adolescente, principalmente quanto ao direito à educação básica estabelecido legalmente.

Local advisory councils in deliberative decision-making. Findings from research in Polish cities

ABSTRACT Local advisory councils (LACs) are defined as collegial bodies that are anchored in local communities (representing public institutions, NGOs, social groups, business, and individuals), and are established by local authorities for opinion-giving purposes. The authors claim that LACs have deliberative potential and can perform different roles in deliberative governance. The paper presents the results of a survey of the members of eight kinds of LACs that have been established in 65 Polish cities. The research results provide proof of the inclusive character of LACs: their sustainability and the conditions for their deliberation (frequency of meetings, relations with the community). The question of the impact of LACs on local policy; however, remains open.

Виконкоми в системі місцевого самоврядування – необхідність чи атавізм?

The article analyzes the feasibility of maintaining the executive committees of councils as collegial bodies in the system of local self-government bodies. However, reviewing the appropriateness of some of them - as executive committees of local councils - is an urgent problem. It is noted that today there are no special comprehensive studies that reveal the functioning of these bodies. There is a need to clearly clarify the place, role and significance of the executive bodies in the system of public administration, which led to the choice of topic and direction of research in this article. The general problem is overcoming obstacles in the process of creating conditions for the preparation and adoption of effective management decisions. The powers of the executive bodies of local councils were considered and analyzed in accordance with the Law of Ukraine “On Local Self-Government in Ukraine”. Based on the analysis, it can be stated that the executive committee, occupying a central place in the system of executive bodies of the local council, at the same time is a body for the collegial decision of issues within its competence. When the Stalinist Constitution of the USSR was adopted in 1936, all councils received the status of local self-government bodies, but the actual management at the level of territorial communities in Ukraine was carried out by local party organizations. It was noted that the last role in this system of proclaimed self-government, which was strictly limited by party control, was played by the executive committees of the councils, which consisted mainly of the local party nomenklatura. The nature of the executive committee as a tool for implementing the decisions of local councils has changed radically. A careful study of the structure of local governments in European countries suggests that almost all European countries have one collegial body - the Council of Deputies. The article states that the executive committee performs today all the functions that are performed by the standing commissions of the council and even much wider. A study of the provisions and regulations of the executive committees of Lutsk, Kryvyi Rih, and Lviv city councils suggests that most such local regulations are interpreted by the executive committee as the executive body of the city council, although in reality it is not. An analysis of the powers of local councils and the executive committees of these councils suggests that the scope of powers of the executive committee is broader than the powers of the council.

КОЛЛЕГИАЛЬНЫЕ ОМБУДСМЕНСКИЕ СЛУЖБЫ: КОНСТИТУЦИОННО-ПРАВОВОЙ СТАТУС

The article is devoted to the study of the constitutional and legal status and effectiveness of a special type of human rights bodies - collegial (collective) ombudsmen. Since the protection and protection of individual rights is the most important task facing the state bodies of any democratic state, in some of them a model of a collective ombudsman is built into the state and legal reality, which has both undoubted advantages and disadvantages inherent in any collegial body. Based on the analysis of foreign experience, it is established that the collegial ombudsman services have demonstrated sufficient stability in ensuring human rights and proved the necessity of their existence. The collegial form of the ombudsman institution contributes to the development of the main directions of the work of the service and a clear specialization of the ombudsmen, which, in turn, leads to an improvement in the quality of their work.

Www.nas.gov.ua centered digital transformation for systemic improvement of the National academy of Ukraine status in society, state and the world scientific community

The article explores an approach to ensuring widespread and constant web access for society, state, and the world scientific community to relevant, complete, reliable, and historical data on all the results of fulfilling its statutory tasks both for the NAS of Ukraine as a whole entity and for each of its subjects separately. The same data is proposed to be used to significantly improve the internal production activities of the Academy: automation of monitoring and control of performance indicators of each subject of the Academy, automation of the assessment and certification processes of their activities, automated generation, and analysis of any reporting data on this activity. The purpose of the article is to disseminate in the scientific society of Ukraine the original concept of the systemic digital transformation of the NAS of Ukraine, which, according to the authors, presupposes, first of all, the current registration of the official results of scientific, scientific and technical, scientific and organizational, coordination, innovative, scientific and pedagogical and other activities of the Academy as a whole and each of its subjects by all scientific and leading personnel of the Academy with the corresponding automatic publication of this data about results on the public portal www.nas.gov.ua and corporate Intranet portals with authorized access for internal production use. The means of results registration are based on corporate cloud services, access to which is carried out under the digitized current job statuses of an employee in the NAS of Ukraine, membership in collegial bodies, and statuses of work orders. The first stages in the practical implementation of the concept confirmed the effectiveness of the developed approach.

O Ensino remoto emergencial e as suas implicações para a formação profissional de Assistentes Sociais: A experiência do Curso de Serviço Social da Universidade Estadual de Londrina – PR

The article aims to discuss the challenges facing higher education in the context of pandemic and emergency remote education (ERE), starting from the reality experienced in the presence graduated training in Social Work, in a state public institution. Resolutions and regulations on the ERE, approved by the collegiate bodies of the University, were used, as well as documents/reports produced by the Collegiate of the Social Service Course and Structuring Teaching Nucleus (NDE) in relation to the monitoring of the ERE and the survey carried out by ABEPSS with the Social Work courses in Brazil. Given the context, it can be said that the pandemic has aggravated the precariousness already experienced and opened space for the massive installation of distance education. The Social Work course had to follow institutional guidelines and adhere to emergency remote education, as the only possibility to maintain its direction of defense of life. From the data collected, it is evident that there were direct implications for the teaching work, the organization of academic activities and the life and mental health conditions of students.

The prohibition on entering into financial transactions with foreign counterparties and its extension to deputies of regional parliaments

The article examines the problems of legal regulation of the prohibition for officials to open and have accounts (deposits), store cash and valuables in foreign banks located outside Russia, own and (or) use foreign financial instruments, associated with the extension of this prohibition to deputies of legislative authorities of the constituent entities of the Russian Federation. Based on the analysis of current federal and regional legislation, the authors have identified various approaches to the formation of a list of public offices at the level of the constituent entities of the Russian Federation. It was also found that the provisions of regional normative legal acts determine the effect of this prohibition in different ways in a circle of persons and often extend it only to those deputies of the legislative (representative) authorities of the constituent entities of the Russian Federation who exercise their powers on an ongoing basis. The existing practice of regional rulemaking contradicts the goals of ensuring the national security of the state, for the achievement of which the considered prohibition was established, since all deputies, regardless of the basis for filling the corresponding position, have equal powers to participate in the activities of the collegial body by implementing law-making initiatives and voting on the agenda of the meeting. The authors come to the conclusion that issues concerning the spread of anti-corruption standards of conduct to certain categories of persons holding government positions in the constituent entities of the Russian Federation cannot be attributed to the subject of joint jurisdiction. In this regard, at the level of federal legislation, it is necessary to provide a provision for the extension of this prohibition to deputies of the legislative authorities of the constituent entities of the Russian Federation who exercise their powers both on a permanent and non-permanent basis.

Kilka uwag na temat niewolników i prawa karnego. Rozważania w oparciu o D. 48, 2, 12, 4

<p>The purpose of the article is to present the legal situation of a slave under Roman criminal law. The analysis conducted proves that the approach towards slaves changed along with the transformation of the government system of ancient Rome. In the Period of the Republic, criminal liability of slaves evolved in two directions. The <em>dominica potestas </em>was exercised by owners, as well as the collegial body – <em>tresviri capitales</em>. From the Principate period, Roman jurists were convinced that the legal status of a slave and a free person was identical under criminal law. The difference between these offenders was non-exercise of <em>leges criminales</em> with a penalty that would be inadequate for their legal status, or ruling and exercising of more severe penalties against slaves.</p>

Evasão escolar: possibilidades de intervenção do Conselho Escolar no contexto da pandemia

Resumo
 Este presente artigo propõe analisar a evasão dos jovens frente às ações do conselho escolar e para isto realizamos um estudo de caso em uma escola da rede municipal do Recife. O conselho escolar como um instrumento de gestão democrática, faz parte do coletivo da instituição de ensino, vivenciando várias situações, inclusive a evasão dos jovens. Esse órgão colegiado é composto por membros de todos os segmentos da escola, sendo seus encaminhamentos reflexos de decisões coletivas. A pesquisa se utilizou da abordagem qualitativa, a coleta de dados foram através de observações na rotina e entrevista semiestruturada com representantes do colegiado e da comunidade escolar. Os dados obtidos foram analisados através da análise de conteúdo de Bardin (2004). O resultado apontou que o conselho escolar possui sua funcionabilidade fragilizada, pois falta um maior engajamento dos seus membros, principalmente no que se refere às tomadas de decisões coletivamente, que visem priorizar o que é essencial ao bom andamento da escola.
 Palavras-chave: Evasão escolar. Conselho escolar. Juventude.

Imposição de riscos e estado do licenciamento das Minas Gerais

A mineração de ferro no estado de Minas Gerais (Brasil) é tema central do presente artigo, na perspetiva do neoextrativismo e de decisões de órgãos públicos e instâncias colegiadas com deliberado desequilíbrio de interesses. Apresentamos sucintamente as condições da ocupação territorial do Quadrilátero Ferrífero (e Aquífero) e sua estruturação contemporânea para a exportação de minério de ferro. Expomos como a integração e ampliação de estruturas de extração e beneficiamento do minério de ferro resultam, cada vez mais, na utilização de grandes barragens/reservatórios de rejeitos.Casos destacados das mineradoras Samarco, Vale e Anglo American ilustram as formas tendenciosas da gestão e autorização de intervenções territoriais pelo Estado e conselhos de meio ambiente. Neste contexto, manobras de interpretação de dispositivos legais conduzem à suspensão e protelação da realização de direitos. Como consequência, sob a pressão de megaprojetos minerários e interesses corporativos a estes associados, riscos são impostos, pelas autoridades do Estado, às condições de vida quotidiana de comunidades, que passam a viver situações de desastres sem que estes tenham necessariamente ocorrido.

O ensino da disciplina de Projeto Arquitetônico auxiliado pela realidade aumentada

Os recursos tecnológicos são cada dia mais adotados dentro da escola, substituindo as tradicionais lousas. Os projetores multimídias, como exemplo, trazem consigo uma facilidade de apresentação de elementos textuais e de vídeos, potencializando, assim, o campo de ensino e aprendizagem na instituição escolar. O objetivo deste artigo é abordar o uso da tecnologia conhecida como Realidade Aumentada (RA) para que a instrução da disciplina de projeto arquitetônico seja construída de forma mais eficiente. Tal proposta visa sanar uma dificuldade coletiva de visualização tridimensional de elementos arquitetônicos representados em projeto bidimensional. A metodologia utilizada está caracterizada como qualitativa, e também como exploratória e descritiva, por meio de um experimento com uma edificação tridimensional e seu projeto arquitetônico com alunos do Curso Técnico em Edificações ofertado pelo Instituto Federal de Educação, Ciência e Tecnologia do Ceará (IFCE) campus Morada Nova. Tal pesquisa foi aprovada pelo Comitê de Ética e Pesquisa do próprio IFCE, um órgão colegiado interdisciplinar e independente em sua atuação e decisões de sua competência. Os resultados obtidos através da utilização indicam que o uso da RA incrementa a aprendizagem nesta área, sendo necessário apenas o uso de um smartphone com configurações simples e com acesso à internet, para que seja viável a aplicabilidade da RA.

Латвийское законодательство об уголовной ответственности юридических лиц

The article is devoted to the issues of criminal liability of legal entities in the Republic of Latvia, established in 2005 by amending the Criminal Law of the Republic of Latvia. Attention is drawn to the fact that in the Latvian legislation a model of criminal liability is implemented, in which a legal entity is recognized not as a subject of a crime, but as a subject of criminal liability, to which measures of a coercive nature provided for by the Criminal Law are applied. At the same time, only legal entities of private law are subject to criminal liability, while the law does not provide for bringing public legal entities to criminal liability. The reasons for the application of enforcement measures to legal entities and the types of such measures are considered. It is indicated that compulsory measures against a legal entity can be applied for a criminal act if it was committed in the interests of the relevant legal entity, in its favor or as a result of improper supervision on its part by a responsible individual who acted individually or as part of a collegial body of a legal entity. In this case, a specially authorized person means a person who acted: on the basis of the right to represent a legal entity or act on its behalf; on the basis of the right to make decisions on behalf of a legal entity; or on the basis of the right to exercise control within a legal entity. The author considers the enforcement measures applied to legal entities (liquidation; restriction of rights; confiscation of property; monetary recovery), as well as criminal procedural issues of the application of compulsory measures to legal entities.

M.M. SHCHERBATOV IN RUSSIAN LIBERAL LEGAL THOUGHT AND HIS LEGISLATIVE PROPOSALS IN THE HISTORICAL AND LEGAL THEMES OF RUSSIA IN THE 18TH CENTURY OF THE ERA OF «ENLIGHTENED ABSOLUTISM»

The role of the outstanding statesman M.M. Shcherbatov in the development of domestic legal thought, his proposals in the field of necessary reforms for the Russian state, participation in the activities of Ulozhénnaya komissiya (a temporary collegiate body in Russia of the 18th century, which was convened to systematize laws), as well as the need for the source analysis of works and legislative proposals of M.M. Shcherbatov are considered.

PARLIAMENTARISM AS A POLITICAL INSTITUTE OF PUBLIC ADMINISTRATION

The article examines the issues of parliamentarism, which is a special system of public administration, structurally and functionally based on the principles of separation of powers, the rule of law with the leading role of parliament in order to implement the constitutional consolidation of the sovereignty of the people. At the same time, the principle of separation of powers occupies a central place in matters of public administration. The purpose of the theory of separation of powers is to create an effective mechanism for the functioning of state bodies, to create security of citizens from arbitrariness and abuse of power, to ensure political freedoms. The purpose of the study is to analyze research materials and legal regulation of the parliament as the bearer of state power. It should be noted that the role and importance of the parliament in the constitutional mechanism for the implementation of state power, based on the theory of popular sovereignty of the majority of modern states, is reflected in the legislative basis for the functioning of these higher representative collegial bodies. The development of the legislative framework leads to the formation of parliamentary law. Thus, parliamentarism today is a complex structure of legislative power, a multifunctional subsystem and an integral part of an extensive political system. At the same time, the essence of parliamentarism, following changes in its historical functions and structure, was often expressed by isolating and emphasizing any of its individual elements. Based on the study, the author comes to the conclusion that it is quite obvious that branched, well-organized and effectively functioning representative structures, both at the federal and regional levels, are necessary for Russia today, when we have embarked on the path of building a rule-of-law state, creating a civilized and a democratic society. It is the parliament that acts as a collector and spokesman for the interests of groups and structures that form civil society, melting these interests into state will. Effective public administration in a market economy not only does not exclude, but, on the contrary, presupposes the development and improvement of parliamentarism. Only under this condition can one count on the formation at the federal and regional levels of a powerful legislative base, adequate to the new historical conditions. It goes without saying that without such a base, further reforms in the economic, financial, social, political and other areas are unthinkable. The source of such a base is parliament.

Association of colleges and technical schools of transport and its role in the modern system of secondary vocational education

The importance and role of the non-profit organization "Association of colleges and technical schools of transport", which has become a collegial body representing and defending the interests of a single educational community of railway colleges and technical schools working in the interests of the country's strategic industry, are considered. Today, the Association of colleges and technical schools of transport unites more than 50 educational organizations in the system of transport secondary vocational education. The main mission of the Association of colleges and technical schools of transport has been determined — coordination and organization of the activities of educational organizations, meeting the growing requirements of the industry for the quality of training qualified specialists of secondary vocational education, promoting the interests of transport education, including in matters of legal regulation of the implementation of tasks in the field of training specialists middle management. The factors providing the relevance and viability of the system of secondary vocational education of transport education are given. The prospects of the system of sectoral secondary vocational education are noted: the ability to quickly and disciplined rebuild, to effectively respond to the challenges of the time; the cohesion of the secondary vocational education system, manifested in the work of the Association of colleges and technical schools of transport — the coordinator and leading center of railway colleges and technical schools. A separate direction in the work of industry education is shown — participation in the WorldSkills movement in the context of the associated partnership of universities with the “Agency for the Development of Professional Communities and Workers Young Professionals (WorldSkills Russia)”. The growing role of industry education in the WorldSkills Russia movement, which today is becoming a locomotive for professional education, is indicated.