Excessive Formalism Research Articles

Problematic aspects of judicial powers to determine the civil remedy in light of the case-law of the Supreme Court of Ukraine

In the light of the purpose of civil justice to provide effective protection of violated rights and taking into account the duty assigned to Ukrainian courts to assist parties in exercising their rights (while maintaining the objectivity and impartiality of the court), the court according to the principle ‘the court knows the law’, must not only independently determine the nature of dispute and the law that is to be applied to establish the rights and obligations of the participants, but also bring the claims of a lawsuit (the remedy) into line with the understanding established in judicial practice of the appropriate method of defense from the point of view of the ability to ensure the restoration of the plaintiff’s rights as fully and quickly as possible and within the limits of the result (legal consequences in the form of emergence, change or termination of legal relations), for the achievement of which the plaintiff appealed to the court. Refusal of a lawsuit due to the incorrect wording of its subject matter is a manifestation of excessive formalism, and it also leads, contrary to procedural economy, to an artificial duplication of legal proceedings regarding the same legal dispute, without any positive effect, due to which such an approach is incompatible with the purpose of civil proceedings and should not be allowed. The wording of claims, which are based on certain methods of protection, are constituent elements of the legal aspect of the claim, due to which they are quite naturally covered by the scope of the principle ‘the court knows the law’. At the same time, the proactive intervention of the court with the claims defined by the plaintiff must be accompanied by its procedural actions and decisions in order to comply with the principles of objectivity and impartiality of the court, the dispositive nature of civil proceedings and the adversarial nature of its parties. Among other things, the defendant must be provided with the opportunity to submit explanations and evidence in connection with the change (correction) of the subject of the lawsuit by the court, about which the court must notify the parties in the case in advance during the preparatory proceedings or consideration of the case on the merits. For a more predictable application of the principle ‘the court knows the laws’ in all its aspects, including its specific requirements, grounds and methods of its application, should be regulated in the procedural law.

Проблема критериев приемлемости в биомедицинском эксперименте: философско-методологический анализ

Introduction. The formation and development of modern evidence-based medicine is not possible without clinical studies with the participation of humans as subjects. The methodology of such experiments is based on careful selection of subjects based on the so-called eligibility criteria – parameters which form the optimal patient group for studying the therapeutic properties of a particular drug based on the science community’s expectations. The article considers some bioethical aspects of the practical problems of formulating such criteria, and also it examines the question of the possibility of proper application of scientific data obtained in the framework of clinical studies. Theoretical analysis. Based on the example of HIV-positive patients, it is shown that excessive formalization of the process of determining eligibility criteria leads to the formation of fundamental differences between participants in clinical trials and patients in routine medical practice, which put at risk the ability to properly extrapolate the results of such studies outside the experimental field and realization of one of the basic bioethical principles of clinical trials: to be useful for society. Conclusion. The article substantiates the need to revise the methodological and bioethical foundations of the process of formulating eligibility criteria, taking into account the risks faced by patients of experimental therapy and patients in real clinical practice.

Debt restructuring procedure of an individual

The article examines the procedure for restructuring debts of an individual in the process of bankruptcy. It is noted that the relevance of this article in the context of the procedure for restructuring the debts of an individual in the process of bankruptcy is determined by the need to understand and develop mechanisms that will allow debtors with financial difficulties to receive effective support and preserve their rights during such procedures. On the basis of judicial practice, it is determined that the restructuring of the debtor’s debts is the first, mandatory and priority stage of the case of insolvency of a natural person, in which the debtor can exercise the right to change the method and order of debt payment, taking into account his objective capabilities and desire to settle with by creditors, having guarantees of leaving part of the income to meet household needs and can receive forgiveness (write-off) of creditor claims or part of them. The mechanism of drawing up a plan for restructuring the debts of an individual is analyzed. It was concluded that the restructuring of the debts of an individual is the optimal way to end the bankruptcy case both for the individual and for his creditors, since his solvency is restored and debts are repaid. The procedure for restructuring the debts of an individual will be implemented on the condition that the debtor implements the restructuring plan on time and in full. Based on the analysis of judicial practice and legislation, including European countries, it is proposed to implement out-of-court debt restructuring of an individual, namely the approval of a restructuring plan based on a settlement agreement between an individual and creditors. It is argued that a general retreat from excessive formality and burdensome procedures in restructuring the debts of individuals in Ukraine can contribute to improving the efficiency of this process and protecting the interests of all parties. Such implementation will help to improve the efficiency and accessibility of the debt restructuring procedure of natural persons in Ukraine, contributing to solving financial difficulties of citizens and ensuring the stability of the country’s financial system.

The Doctrine of Excessive Formalism in the Legal Theory and Practice of the European Court of Human Rights

As a means of organising certain existing disputes and resolving conflicts within society, it has made the institution of procedural formalities necessary since the beginning of history. The existence of formalities in a proceeding, whether judicial or extrajudicial, serves to limit certain situations in the course of the process. It is well known that there are several principles that regulate the formalities of procedure, mainly by establishing procedural limits. These reason values are thus aimed at achieving the principles of purpose. The methodological basis of the article is the dialectical method of cognition based on materialistic dialectic with the use of such general scientific methods as analysis, synthesis, induction, deduction, abstraction, specification, analogy, hypothesis building method, and the system-structural method. The study has resulted in the identification of cases of excessive formalism by courts when applying the rules of procedural law. The practical significance of the results obtained is to prevent such mistakes by law enforcement authorities in the future. As a result of writing this article, the author has established that the main manifestations of excessive formalism are the creation by the court of procedural obstacles to the implementation of procedural rules by the parties to the case, strict interpretation by national legislation of the procedural rules, and return of an administrative claim on formal grounds. It is proved that excessive formalism in resolving the issue of acceptance of a statement of claim leads to a violation of the right to fair judicial protection.

ОРГАНІЗАЦІЙНІ БАР'ЄРИ ЕФЕКТИВНОЇ КОМУНІКАЦІЇ НА ПІДПРИЄМСТВІ

The article aims to explore the role and essence of organizational barriers that arise in the process of communication within enterprises. It is established that organizational communication is the process of exchanging information and ideas within an organization with the goal of achieving common objectives. Among the five dimensions of organizational structure, organizational centralization and formalization are identified as crucial for enhancing communication efficiency. It is demonstrated that the main organizational barriers in the communication process, stemming from incorrectly defined centralization scales, include the presence of excessive information resources at the top management level, lack of complete information at the operational level, underutilization of human capital at middle and lower management levels, a significant volume of incomplete information, the need to address operational tasks at the top management level, and low levels of organizational independence for lower-level units. Communication barriers associated with excessive formalization encompass the inability to provide unofficial explanations for discrepancies, limitations on the use of knowledge, obstacles to changes and innovations, barriers to integrating employees and organizational units into the communication process, and restrictions on communication with the external environment. Survey results confirm that an excessive level of centralization leads to a spiral of dependency, increasing pressure on lower management structures and further centralization of management. Decentralization ensures the accuracy of decision-making, bringing decision-making closer to the point of problem occurrence, and allows top management to focus on resolving strategic issues. Formalization has a positive impact on the communication process of organizations in the early stages of development and growth. It organizes the flow of information and contributes to its standardization, facilitating the coordination of communication among network participants. The occurrence of barriers to excessive formalization in the communication process depends on the size, maturity, and diversification of the activities of individual organizations.

Гуманитарная подготовка в технических вузах: проблемы достижения качества в современных условиях

The article identifies and analyzes the problems that currently seriously hinder the achievement of high-quality humanitarian training at technical universities. We recognize the following problems as the most significant: problems resulting from the digitalization of the educational and teaching-methodical process, problems associated with excessive formalization of the educational and teaching-methodical process, structural imbalances in the system of social and humanitarian disciplines taught at technical universities, educational and methodological overload of teachers of social and humanitarian disciplines, instability of the socio-professional status of teachers. We also prove the necessity of constructive interaction between teachers of social and humanitarian disciplines and administrative and managerial structures of universities, through which it is possible to overcome the existing problems and approach socially significant goals of humanitarian training at technical universities.

Application of Gamification Pedagogy in the Mock Court Course Based on WeChat Platform

At present, the traditional mock court course teaching pattern still has some problems such as severe performance, excessive formalization and so on. It is difficult to meet the course teaching expectations. The use of gamification pedagogy in legal education is an effective way to help students achieve real gains in learning outcome. Therefore, the application of gamification pedagogy in the mock court course involves incorporating game elements in non-game environments and utilizing game mechanisms to encourage classroom participation. This article proposes to integrate points, badges, leaderboards (PBL) and other game elements into teaching through storytelling and role-play. This article conducts mock trial teaching in the context of legal conflicts based on WeChat platform, which is supported by flow state theory, constructivist learning theory and expectancy theory. In the Crazy Rescue Plan, a gamified teaching design framework, teachers take legal conflict scenarios creation and in-class mock trial practice as two major game levels, transforming the classroom into a challenge game. The purpose of this article is to apply gamification pedagogy into the mock court course teaching, enhance students learning interest and engagement, and hope to provide valuable references for the reform of legal practice teaching.

Barriers to Implementing the Concept of Learning Organization in Public Administration – the Example of PIORiN

Theoretical background: An efficient public administration is a prerequisite for a harmonious development of business, and for the security and prosperity of society. Its rapidity and quality are particularly important in the situation of dynamic economic, political and social changes. However, the model upon which administration is built and functions fails to meet the requirements of the present day. The subject of dysfunctional bureaucracy has been thoroughly analyzed and described in detail. Blind adherence to regulations, reluctance to introduce changes and lack of motivation to help clients are well-known vices of bureaucratic organizations throughout the world. Although countless attempts have been made to change the way these organizations function, the design and implementation of such improvements is hindered by a variety of obstacles. In this article, we shall describe barriers to the process of implementing the concept of a learning organization in a large bureaucratic organization. Purpose of the article: The purpose of the article is to discuss a number of barriers to the process of implementing the concept of a learning organization within a specific bureaucratic organization, namely the State Plant Health and Seed Inspection Service (Państwowa Inspekcja Ochrony Roślin i Nasiennictwa, PIORiN). The barriers discussed were identified in the course of research. Thus, the article adds to the existing body of knowledge about the functioning of bureaucratic organizations, their specificity and processes that take place within them. By identifying potential and actual barriers to the process of change, we can better understand organizational behavior. It also provides practical knowledge about the critical elements of the process of change. Research methods: Research was conducted within a large public institution in charge of phytosanitary controls. Three types of triangulation were used in the study: methodological, theoretical and investigator triangulation. Conclusions were drawn on the basis of a total of 51 interviews, of which 31 were conducted within the organization and 20 with external partners (clients). The basic tool used for collecting data was an open interview, always conducted by two researchers at a time. Interviews were transcribed and read on an ongoing basis with a view to carrying out a preliminary selection and category coding. Four team members participated in the coding process. Codes were subsequently analyzed and grouped into categories that served for drawing conclusions. Main findings: A number of barriers of great consequence for the process of implementing the concept of learning organization in administration have been identified; the most important are: excessive formalization, limited use of clients’ knowledge, insufficient financing, inadequate IT support, and limited cooperation with other public institutions.

Правовая природа судебного примирения

Introduction. The article examines the legal nature of judicial reconciliation with the participation of a judicial conciliator (hereinafter referred to as judicial reconciliation), and highlights the debatable nature of the topic under consideration. The authors state that it is necessary to disclose the legal nature of judicial reconciliation in order to clarify its place in the legal system of Russia and to identify functional links with other related institutions of substantive and procedural law. Problem statement. The article argues that the success of the introduction of the institution of judicial reconciliation into legal practice depends on the disclosure of its legal nature in the system of human rights tools and mechanisms. At the same time, the ambiguity of the term of “legal nature” itself contributes to uncertainty in this matter. It is proved that the content of the term of “legal nature” includes various signs of the phenomenon, which must be consistently disclosed in the process of cognition. The authors emphasize that the legal nature of judicial reconciliation is complex, dualistic. This is expressed in a combination of judicial (jurisdictional) and extra-judicial (non-jurisdictional, alternative) characteristics, which is clearly revealed in the dualism of the legal status of the judicial conciliator. Theoretical and empirical analysis. The analysis of the legislation shows that, on the one hand, a judicial conciliator is a former judge who has extensive practical experience in legal proceedings and a vision of the prospects for resolving the case; on the other hand, the judicial conciliator, while remaining part of the judicial system, is free from rigid conservativecorporatist judicial discipline when conducting judicial reconciliation and can, without excessive formalism and substantive resolution of the case, offer the parties mutually beneficial reconciliation conditions, under which the legal conflict will be resolved. Results. The authors conclude that the duality of the legal nature of judicial reconciliation is due to the convergence processes that take place in the Russian law and trends associated with the change in the configuration of the judiciary.

Article: New Tendencies Regarding the Relevance of Formal Requirements in VAT Law

Back in 1858, Rudolf von Jhering, a well-known German legal scholar, said: ‘Form is the sworn enemy of arbitrariness, the twin sister of freedom’. Perhaps this is why Value Added Tax (VAT) law includes many formal requirements before the taxpayer can exercise his right of deduction or can opt for taxation, for example. Concerning these formal requirements, it is not disputed that the Court of Justice of the European Union (CJEU or Court of Justice) has put a stop to excessive formalism in VAT law. However, there are some interesting recent decisions of the Court of Justice, which were dealing with the question as to whether the lack of formal requirements allows the financial administration to deny the right of deduction or the right to opt for taxation, even if the material conditions are fulfilled. This article shows that there is a recent tendency in the jurisprudence of the CJEU to take more into account the function of formal conditions in the field of VAT law. It seems that the Court has found now a better balance between the rights of the taxable person and the principle of proportionality, on the one hand, and the principle of neutrality and the uniform and simple application of VAT law, on the other. VAT law, formal requirements, VAT identification number, Invoice, Registration as taxable person, formal and material conditions, sens of form, no right to deduction without an invoice, necessary content of an invoice

The Access to Administrative Justice during Wartime

The article is devoted to the study of the issue of access to justice during the war, as it stipulated by the other conditions for the implementation of justice in the state. Active hostilities are taking place in most regions of Ukraine, which makes it impossible to administer justice in administrative courts. However, the Supreme Council of Justice has resolved this issue properly, so the access to justice in Ukraine is currently available and the opportunity to defend one's violated right in accordance with the Constitution of Ukraine is guaranteed. Courts are obliged to implement justice even under state of war, and their powers are not suspended. In order to ensure access to the court, the Supreme Court changed the territorial jurisdiction of about one hundred courts of Ukraine. In connection with the introduction of state of war in Ukraine, all procedural terms are renewed, case consideration is not stopped, and excessive formalism by the judges is not allowed.
 An attention is drawn to the fact that access to court is an integral element of the right to a fair trial, but such access must be effective. In the conditions of war, the Council of Judges of Ukraine recommends postponing the consideration of cases. Attention is focused on the fact that remote justice ensures better safety of participants in the legal process. According to the author, it is necessary to take care of the safety of court employees and give them the opportunity to work remotely. It is noted that electronic proceedings ensure full access to justice. The demand for remote justice is growing, access to the court is improving, as it is possible to participate in the court session even outside the court.
 The article analyzes the decision of the HUDOC and based on this, the author comes to the conclusion that the HUDOC considers financial costs as an obstacle to access to justice. Access to court is effective only if a person has a real opportunity to challenge wrongful actions in practice. According to the HUDOC, the construction of Art. 6 of the Convention is effective only if the case will be considered in court. The HUDOC highlights the right to access the court as a component of the right to a fair trial. Attention is drawn to the fact that the courts must take all measures to restore the violated right.

Этическая экспертиза в медицине: от гуманизма к формализму

Background: Everyone knows what ethical expertise is in medicine, but most often they understand it as an axiological component of clinical research, which is incorrect [1]. Firstly, the subject of expertise is not research, but testing. Secondly, not only clinical trials, but also the entire medical practice are subject to expert evaluation. Aim: Understanding of the described situation allows us to formulate topical questions about the further development of the insti-tute of ethical expertise and to propose for discussion options for this development in new medical and social conditions. Methods: Statistical analysis of the data of examinations conducted by ethical committees (councils, commissions) shows a ten-dency to limit the subject of examination, the lack of connection between different types of examinations. Results: Modern medicine requires new forms of control over ongoing research and testing in connection with new risks both in the individual human body and in the social organism as a whole. Ethical expertise responds to the challenges associated with these risks by specifying and multiplying its norms and rules, which leads to excessive formalization that does not correspond to the princi-ples of the axiology of scientific knowledge and practice in medicine. Conclusion: The transition from ethical to fully humanitarian expertise will reduce the level of formalization, which deprives the ethical approach of its essential intentions. The allocation of deontology as the basis of ethical assessments is illegitimate, axiological components are ignored. Humanitarian expertise makes it possible to restore the parity of norms and assessments as a criterion of ex-pertise in medicine

Postrzeganie przez studentów przesłanek Ruchu na rzecz Prawa Kompleksowego. Raport badawczy

The increasing crisis of the public judiciary, associated with the excessive length of court proceedings, the decline in public confidence in the institution and its excessive formalization, encourages the need to seek alternative methods of conflict resolution. According to the author, the answer to the above is the implementation of an innovative legal movement functioning under the name of Comprehensive Law Movement. The above-mentioned movement is based on the principles of positive influence of law, it promotes the development of internal virtues and at the same time revalorizes therapeutic elements in the process of law practice. In view of the multi-faceted nature of the application and social operation of law, holistic lawyers use a range of tools that constitute the modules of the Comprehensive Law Movement, such as Therapeutic jurisprudence, Procedural justice, Holistic justice, Creative problem solving, Preventive law, Collaborative law, Transformative Mediation, Restorative justice and Problem-solving courts. The development of the Comprehensive Law Movement in Poland and Europe is determined by the involvement of the legal communities, the raising of awareness of alternative methods of dispute resolution and appropriate therapeutically-oriented legal education. In order to study the possibility of implementation of the movement’s elements, research was conducted to examine the potential recipients’ attitudes towards the assumptions of the individual modules. The article describes the methods and presents the results of the conducted social research, with an indication of the influence of legal education and predispositions to perform particular legal careers on the acceptance of the various modules of the Comprehensive Law Movement.

Modernization of the system of state financial control in Ukraine

Introduction. State financial control contributes to the development of the state's economy, ensures a fair distribution of its national income, financial stability and national security, which is achieved through effective and rational management of state finances. Existing problems and contradictions in the field of state financial control have a negative impact on its effectiveness and significantly restrain the development of the state's financial system in general. The purpose of the paper is to study the problematic issues of the state financial control system in Ukraine and to find directions for its improvement and strengthening in modern conditions. Results. Among the main shortcomings of the functioning of state financial control, it is possible to highlight the lack of a single regulation for the implementation of internal and external state financial control at the levels of the budget system, excessive formalization of internal control procedures, the lack of connection between the results of the assessment of the quality of financial management and internal state financial control, the difficulty of ensuring functional independence and organization of internal audit work in conditions of personnel and financial restrictions, weak orientation to systemic work aimed at reducing budgetary risks. Successful functioning of the state financial control system is possible if the principle of risk-orientation is observed. A risk-oriented approach in the state financial control system should be aimed at: establishing strategic goals in risk management; use of own and external quality data when making management decisions; the relevance of indicators of the effectiveness of control activities within the framework of state financial control, which can be achieved by balancing quantitative and qualitative indicators. Conclusion. The proposed measures to improve state financial control will allow for the formation of a unified approach to its planning and implementation, which will ensure a more effective and in-depth implementation of control measures, which will allow to focus the attention of authorized control bodies on the subjects of control, which are the most problematic. It is obvious that improving the effectiveness of state financial control can be achieved with the help of audit and analytical measures aimed at coordination and systematic information exchange between financial and control bodies regarding the implementation of budgets at different levels.

Prospects for Fixing the Institution of Criminal Misconduct in Domestic Legislation: Criminal Procedural Aspect

The paper is devoted to the analysis of the procedural side of the institution of criminal misconduct contained in the draft federal law «On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation in connection with the introduction of the concept of criminal misconduct», introduced by the Supreme Court of the Russian Federation. The author examines the proposed institution through the prism of the existing problems in criminal proceedings — its excessive formalization and limited resources of judicial and law enforcement agencies. According to the author, domestic criminal proceedings do not provide proper differentiation of legal impact depending on the severity of the committed act, and some legal constructions in the Criminal Procedure Code of the Russian Federation, conceived as ways to increase the effectiveness of criminal procedural activities, do not fully fulfill their purpose. The introduction of the institution of criminal misconduct fits into the global trend of wider use of simplified (accelerated) procedural forms, of which it is a kind, and will allow achieving greater procedural savings and, as a result, using the released resources in matters requiring closer attention. The institution of a criminal act is proposed in a somewhat truncated form — this is caused by practical considerations, the requirements of smoothness, gradual accumulation of new legal institutions. Touching upon the issue of the limits of possible simplification of procedural forms, the author notes that procedural economy and the desire for a proper degree of diversity of legal regulation cannot serve as a justification for reducing the level of procedural guarantees of participants in criminal proceedings.

Модель психологического сопровождения подготовки юных спортсменов

Insufficient development of the problem of psychological support in youth sports in modern science validates the relevance of the following study.
 The purpose of the research is to develop a model of comprehensive psychological support for the training of athletes in the system of youth sports. The author used theoretical analysis, and the method of psychological modeling.
 It is assumed that the modeling of the system of psychological support in children's and youth sports allows to present this system in a most clear and practical way, including all its elements: tasks, functions, means (tools), objects and subjects, as well as to identify the relationship between these elements and the conditions for the effective functioning of the system.
 As a result of the conducted research, the main tasks, functions, and tools of the model of psychological support for the training of young athletes were identified.
 The main tasks of psychological support are:
 - increasing the level of psychological preparedness of athletes in the context of the implementation of the tasks of the training process and competitive activity;
 - personal development of athletes, which is especially relevant for children and youth;
 - maintaining the mental health of young athletes and a high level of their psychological well-being.
 The following functions of psychological support are highlighted: education, evaluation, development, support and prevention.
 The main tools of psychological support include psychological assessment; psychological counseling; psychological trainings, workshops and discussion groups; special trainings and methodological recommendations.
 An important condition for the implementation of the proposed model of psychological support is the use of a synergetic approach, which manifests itself, first of all, in the rejection of excessive formalization of the pedagogical process, significant autonomy of its participants, as well as the multivariance of the vector of psychological training of athletes — the availability of alternative methods and methods that are most effective in certain situations and current conditions.

Valuing the Future and Discounting in Random Environments: A Review.

We address the process of discounting in random environments, which allows valuation of the future in economic terms. We review several approaches to the problem regarding different well-established stochastic market dynamics in the continuous-time context and include the Feynman–Kac approach. We also review the relation between bond-pricing theory and discounting and introduce both the market price of risk and the risk neutral measure from an intuitive point of view devoid of excessive formalism. We provide the discount for each economic model and discuss their key results. We finally present a summary of our previous empirical studies for several countries on the long-run discount problem.

Рабочие программы учебных дисциплин: предназначение и современные особенности

The article analyses the work programs of academic disciplines in the aspect of the relationship of their purpose and modern structural and content features. The author shows that the implementation of the main purpose of work programs, which is to contribute to the effective organization and high quality of teaching and study of academic disciplines, is seriously hindered by such modern structural and content features of work programs as excessive formalization, bulkiness, overload with abstract institutions, which generate pronounced alienation of the main users — teachers and students from the work programs. The article also outlines the contours of the new look of the work programs of academic disciplines.

Противоречивые последствия этической нейтральности и формализации экономической теории

The article analyses the issues of ethical neutrality and excessive formalization in modern economics, and their mutual influence. The author systematizes the contradictory effects of ethical neutrality and excessive formalization on the development of economics by looking at the following: the impact of engineering thinking on the development of economics; the influence of ethical neutrality and excessive formalization on the way the subject matter of economics is defined as well as on its methodological, ontological and ethical premises; the dependence of research outcomes on the quality of the data used for economic and mathematical modelling; and, finally, the problems of Wertfreiheit (freedom from value judgement) and grand-theories rejection, which inevitably presuppose ethical background. The arbitrary choice of data, periods and methods of analysis, the division between dependent and independent variables deprive quantitative methods of the merits that are so persistently advocated by the proponents of mathematical economic science. All of the above casts doubt on the advantages of these methods, such as their precision and objectivity. The article shows that some of the leading economists (as well as representatives of exact sciences) were aware of the inherent limitations of quantitative methods in regard to social sciences and humanities. They considered mathematical constructions as a tool to support their views rather than the only way to assert an absolute truth. Examples of the views of scholars, including A. Turgot, A. Smith and J. S. Sismondi, on the problem of formalization in economics are provided.

Organizational culture of management: adhocracy, competence and leadership

The article substantiates the directions for solving the problems of organizational culture of production through adhocratic management style. In high-tech and fast-growing industries, organizations have emerged that show signs of organizing the future. In the scientific literature, these organizations are called adhocratic, which are based on knowledge and competence, rather than on positions in the hierarchy. In adhocratic organizations, in contrast to bureaucratic structures, there is a shift from entrenched schemes, standardization, division of functions and methods of activity (the desire for a rigid division of labor, excessive formalization of behavior and interaction, total use of planning and control systems, etc.). The article connects the issue of adhocratic management with competence and leadership. The competence of the employee is seen as the degree of his qualification, which allows him to successfully solve the tasks facing him. The greatest organizational effect for this management system will be if there are leaders in different positions of managers. The basic features of leadership are highlighted: ability to make responsible and complex decisions, willingness to take proper responsibility for them; concern for the common good and benefit of people, not for personal gain; the ability to lead people on a completely voluntary basis; possession of charisma and natural power of influence; trust in the leader of the group and strong authority; the ability to admit mistakes and the desire to take responsibility for defeats, to look for personal miscalculations. The advantages (participation of all the organization’s members, continuous learning, solving problems according to the capabilities of each team member) and disadvantages (possible problems of communication during decision-making process; if the organization is not used to working “adhocratically”, it is constantly looking for a boss; long decision-making process due to taking into account the points of views of many people) of adhocratic management are identified.