Executive Bodies Research Articles

Взаимодействие избирательных комиссий с иными органами публичной власти: новеллы законодательства

A number of changes made to Russian electoral legislation since 2020 have been studied, significantly changing the procedure for interaction of election commissions with other public authorities both during election campaigns and in the inter-election period. It has been established that the corresponding connections are of a complex nature and are manifested in various forms, the number of which increases as new electoral and legal reforms are implemented. It is noted that trends in the legal regulation of this area of relations are contradictory. Attention is focused on strengthening and complicating the connections of election commissions with executive bodies of state power while simultaneously removing local governments from participation in the electoral process as independent eligible subjects while maintaining their organizational and technical responsibilities. It has been established that the system of election commissions is becoming more isolated and increasingly acquiring the features of a hierarchical structure, in which the leading role belongs to the Central Election Commission of the Russian Federation. A significant increase in recent years has been revealed in the volume of rule-making powers of the Russian Central Election Commission in the field of by-law regulation of relations in the preparation and conduct of elections, as well as the expansion of atypical functions of election commissions, especially manifested in conditions of emergency legal regimes. It is concluded that in the considered legislative innovations there is a single purposeful logic of the federal legislator, the implementation of which will most likely continue in the coming years. It is recommended to ensure that a balance is maintained in the relations of public authorities when carrying out further reforms of the electoral legislation.

Decrease in the function of the people’s representative council of the republic of Indonesia in the policy of relocating the archipelago’s capital city

Various problems will arise regarding the transfer of the national capital from Jakarta to Kalimantan Province after the passing of Law Number 3 of 2022 concerning the new national capital. The legislative function of the House of Representatives is very minimal regarding the formation of the New National Capital Law. This research analyses the minimal legislative function of the House of Representatives in the policy of relocating the new state capital. This research uses a qualitative approach method. The data-collection technique used in this research is based on a literature review. The results of this research show that the presidential executive body is more dominant in formulating policy rules for relocating the new capital city. The House of Representatives, as a legislative institution, has not yet optimally carried out its role in providing input and monitoring the policy regulations for relocating the archipelago’s capital city. The House of Representatives did not optimally carry out its supervisory function, especially in using the right of inquiry to review the negative impact of the policy on nature conservation. The House of Representatives has also not yet fully investigated the certainty of the projected revenue achievement of the development budget sources for the archipelago’s capital, the total budget of which reaches IDR 466 trillion. Keywords: capital of the Archipelago; check and balance; right to inquiry of the house of representatives.

ВДОСКОНАЛЕННЯ ДИНАМІЧНИХ ХАРАКТЕРИСТИК ВИНЕСЕНОГО ПРИВОДА ПОДАЧІ З ЕЛЕКТРОМАГНІТНИМ ГАЛЬМОМ КОВЗАННЯ ВИДОБУВНОГО КОМБАЙНА

Purpose. It consists in increasing the speed of the speed control of the remote feed drive with an electromagnetic sliding brake by reducing the time of current transients in the excitation winding of the electromagnetic brake. Reducing the time of the transient processes of reducing the excitation current is achieved by using a bipolar controlled rectifier, which controls the excitation current of the brake, instead of a unipolar one. In addition, the implementation of a new drive control system requires the installation of an excitation current sensor. Methodology. Due to the significant nonlinearity of the mathematical model of the drive with the electromagnetic sliding brake, the synthesis and research of the automatic speed control system has been performed on a simulation model built in the Simulink environment of the MATLAB system. The evaluation of the obtained results is performed by comparative modeling for identical conditions of the existing industrial system and the synthesized one. Results. The synthesis and model study of the proposed control system with a remote drive with the electromagnetic sliding brake with a bipolar controlled rectifier and the logic of the latter's operation have been performed. Comparative studies have shown the high efficiency of a new structure of the drive speed control system compared to the existing industrial control system. Scientific novelty. A new structure of the control system by remote feed drive with an electromagnetic slide brake with better dynamic and protective characteristics has been proposed. Practical significance. Reducing the time of reduction of the EGC excitation current provides a faster response of the feed drive to overloading of the drive of the executive bodies and, therefore, a decrease in the probability of overturning of the electric motor of the drive of the executive bodies, as well as a reduction of peak forces in the traction chain when the combine is stopped. Keywords: mining shearer, remote feed drive, electromagnetic sliding brake, automatic control system, transient processes.

Правовые основы создания специальных экономических и индустриальных зон

This article analyzes the legislation of the Republic of Kazakhstan in terms of the creation and functioning of special economic and industrial zones. The definition of such concepts as "special economic" and "industrial" zones is given. A comparative analysis of the rules and procedure for the creation of special economic and industrial zones has been carried out, common features and peculiarities of their functioning have been established. It is established that special economic zones are created in order to attract foreign investment into the economy of the Republic of Kazakhstan by decision of the Government, which significantly increases its status and responsibility for the implementation of projects on its territory. The purpose of creating an industrial zone is also to attract investments, but already in the development of a certain region of the Republic of Kazakhstan on the basis of a decision of the local executive body and the akim of the relevant region is responsible for the implementation of projects in the territory of the industrial zone. The analysis also revealed the imperfections of the legislation of the Republic of Kazakhstan in terms of the organization of work and functioning of industrial zones. It is proposed to exclude the formal provision of the law regulating the procedure for considering the Concept of a regional industrial zone project. The purpose of this work is to study and analyze the grounds for the creation of special economic and industrial zones, to consider the specifics of their functioning, as well as to improve the current legislation in this area of public relations

Organizational and legal support for the transparency of the activities of executive bodies

Organizational and legal support for the transparency of the activities of executive bodies

Geographic Information System as a Tool of Public Health Monitoring in Rospotrebnadzor and Health Care Structures Given the Example of Sanitary and Hygienic Surveillance of Water Resources: Analytical Review

Background: Challenges of using geographic information systems (GIS) in public health monitoring are considered. Objective: To review scientific literature on application of geographic information systems as a tool of public health monitoring used to control the sanitary and epidemiological state of the environment, including water bodies, and of health care. Methods: We studied the conceptual apparatus of a geographic information system, analyzed publications describing the use of this tool in the sanitary and hygienic surveillance of water bodies and the prospects for the development and improvement of this system. We examined topical papers published in 2008–2022 and found in searchable electronic databases (Web of Science, Scopus, PubMed, eLIBRARY, and ResearchGate) using the following keywords: geographic information system (GIS), sanitary and epidemiological control, public health, water. Of 154 initially identified sources, we selected 53 publications on the experience of using geographic information systems by ministries, federal executive bodies, scientific and higher educational institutions, and also analyzed seven regulatory documents, directly or indirectly regulating the work of geographic information systems. Results and discussion: This review considers the possibility of using a geographic information system as a model for coordinating the activities of local and regional state sanitary and epidemiological surveillance on priority issues related to public health protection. The geographic information system in this case is considered as a single coordination center that ensures accumulation, analysis and visualization of sanitary and epidemiological information on biological contamination of water bodies. Along with the importance and application of GIS, part of the review is devoted to examples of implementation and shortcomings of existing tools, emphasizing the necessity to create a new “unified” software product able to provide “effective” consolidation of information on the sanitary and epidemiological safety of the use of water resources. Conclusion: A geographic information system is not only an effective tool for storing, systematizing and analyzing incoming information on biological contamination of water bodies, but also one of the modern techniques solving such a practical problem as the feasibility of sanitary and hygienic monitoring of water quality and health protection in the population using this water source.

Legality in the sphere of implementing executive power in the Republic of Kazakhstan

The paper considers compliance with the principle of legality of the activities of executive authorities, legislative support and the exercise of powers. The nature and content of the activities of the executive bodies of the territorial level, designed to ensure the implementation of the legal provisions defined by national legislation are studied. The activities of executive authorities include law-making activities in the form of adoption of by-laws, as well as organizational activities. This scope of powers determines the relevance of observing the principle of legality in the activities of executive authorities. The principle of legality preserved through the implementation of joint interaction of local governments with other authorities in solving problems. The introduction of digitalization of public authorities, which acts as one of the ways to prevent corruption offenses in executive authorities and comply with the provisions of national legislation, contributes to the preservation and implementation of the principle of legality

КОНКУРСНА ПРОЦЕДУРА НА ЗАЙНЯТТЯ ВАКАНТНОЇ ПОСАДИ СЛУЖБОВЦЯ МІСЦЕВОГО САМОВРЯДУВАННЯ: ТЕОРЕТИЧНИЙ АНАЛІЗ ТА ОНОВЛЕННЯ ПРАВОВОГО РЕГУЛЮВАННЯ

The article examines the competitive procedure in local self-government bodies as the main way of filling vacant positions of local self-government employees, defines its concept, content and legal principles. The normative acts establishing the basis of the competition for filling the vacant position of a local self-government employee were analyzed, in particular, the provisions of the Law of Ukraine «On Service in Local Self-Government Bodies» dated 05.02.2023. However, the provisions of this Law in this part need to be specified at the sub-legislative level. therefore, the procedural aspects of the organization of the competition should be specified in the Standard procedure for conducting a competition for local self-government employees, which must be approved by the central executive body, which ensures the formation of state policy in the field of service in local self-government bodies (National Agency of Ukraine on Civil Service Issues). It was concluded that the competitive procedure for filling a vacant position of a local self-government employee is a type of intra-organizational administrative procedures due to the fact that they are carried out within the bodies themselves or their system and are aimed at ensuring the functioning of the body or system of public administration bodies. The main tasks of this competitive procedure are highlighted, in particular, ensuring the practical implementation of the right to equal access to service in local self-government bodies and identifying persons who are able to professionally perform the duties of a local self-government employee. It was determined that the competitive procedure, like any administrative procedure, includes a clearly defined sequence of procedural actions that ensure a logical order of selection for the position of a local self-government employee. The structure of the tender procedure has been analyzed, which gives grounds for distinguishing the following stages: 1) preparation of the tender, 2) selection of a candidate for the vacant position of a local self-government employee, 3) decision-making based on the results of the competitive. Key words: public service, service in local self-government bodies, administrative procedures, competitive procedure, competitive procedure stages, competition, competitive commission, vacant position.

О ПОКАЗАТЕЛЯХ ОЦЕНКИ ДЕЯТЕЛЬНОСТИ ВЫСШИХ ДОЛЖНОСТНЫХ ЛИЦ И ИСПОЛНИТЕЛЬНЫХ ОРГАНОВ СУБЪЕКТОВ РОССИЙСКОЙ ФЕДЕРАЦИИ В ОБЛАСТИ КАЧЕСТВА ОКРУЖАЮЩЕЙ И ГОРОДСКОЙ СРЕДЫ

The paper considers a methodological approach to evaluating the indicators proposed by the authors for evaluating the activities of senior officials and executive bodies of the subjects of the Russian Federation. It is assumed that the approach proposed by the authors will allow for an effective assessment, and in the future it may become the main one for the development of a comprehensive methodology for rating these subjects.

Organizational and economic aspects of managing financial policy, sustainable growth and development of the corporation

An attempt was made to develop recommendations on ways to optimize the organizational and economic mechanism of corporations, including the radio electronic industry. The study is a continuation of the work of Liberova A.A. and Tatarinets S.G. on the financial policy of organizations, sustainable economic growth and development of companies in the non-financial sector of the economy. Methods of decomposition and system analysis are applied in the evidentiary part of the study. The hypothesis is based on empirically identified functional features of corporate governance organizational structures by public and non-public joint stock companies. It is about the number, content of functions, authority, corporate responsibility of intra-corporate executive bodies: departments, offices, divisions. Public data is mostly obtained from the Interfax disclosure server. Interfax is an official analytical agency accredited by the Government and the Central Bank of Russia. According to the authors, the building of organizational and managerial structures significantly affects the results of the financial policy of the company and prospects for sustainable development. The authors formulated problems and gave recommendations on optimizing the organizational potential of the economic block for the phased implementation of the financial policy of a large company. Significant attention is paid to the relationship of the organizational mechanism to the success of financial policy in the field of financial planning. The hierarchical structure of organization of strategic planning with the purpose of optimization of financial policy of organizations is offered. The article analyses approaches to building the structure of organizational management of sustainable development. Some results of corporate movement towards sustainable development goals are shown.

State executive bodies’ legal status: concept definition

State executive bodies’ legal status: concept definition

Parametric optimization of a multi-output electromagnetic mechatron module

The article is devoted to the problem of determining the optimal dimensions of the design of reciprocating linear electromagnetic engine. As an optimization criterion, the parameters of the mechatron module based on the multi-output linear electromagnetic motor are determined by means of a constructive calculation scheme and its variable parameters are determined by the method of non-linear programming, the geometric dimensions are simplified, the mass of the electromagnetic motor body, the mass of the motor armature and the masses of the motor stator and the restrictions on their dimensions are determined the issues of finding optimal solutions are considered. Optimization of mechatronic modules based on multi-output linear electromagnetic motors on various parameters leads to increase in dynamic performance of the executive organ, saving energy consumption, and allows to improve performance and service quality. Also, based on the analysis of the existing electromagnetic linear motors, the structural scheme of the mechatron module based on the multi-output linear electromagnetic engines, which allows to perform step movements according to spatial coordinates with high accuracy and speed, is presented. The algorithmic basis of computing is based on the weight and size characteristics of execution mechanisms, and it has been proposed to allow solving optimal design tasks of execution mechanisms taking into account zvenolar lengths, displacements, speeds and accelerations during movement, as well as creating robotic systems with high performance in service. This structure serves to ensure the interaction of the executive body with the object in the links of industrial robots.

Законность в сфере реализации исполнительной власти Республики Казахстан на местном уровне управления

The paper considers compliance with the principle of legality of the activities of executive authorities, legislative support and the exercise of powers. The nature and content of the activities of the executive bodies of the territorial level, designed to ensure the implementation of the legal provisions defined by national legislation are studied. The activities of executive authorities include law-making activities in the form of adoption of by-laws, as well as organizational activities. This scope of powers determines the relevance of observing the principle of legality in the activities of executive authorities. The principle of legality preserved through the implementation of joint interaction of local governments with other authorities in solving problems. The introduction of digitalization of public authorities, which acts as one of the ways to prevent corruption offenses in executive authorities and comply with the provisions of national legislation, contributes to the preservation and implementation of the principle of legality.

SOME ASPECTS OF APPLYING THE BASIC PRINCIPLES OF ADMINISTRATIVE PROCEDURES IN UZBEKISTAN

This article conducts a systematic analysis of efforts undertaken to ensure transparency and openness in the operations of executive bodies, a consequence of recent administrative reforms within our nation. The objective is to introduce contemporary methods of information dissemination to both individuals and legal entities, ultimately mitigating excessive administrative costs associated with societal and business interactions. Consequently, the study underscores the critical significance of comprehending the foundational principles articulated in the “On Administrative Procedures” legislation. These principles, enshrined in the aforementioned law, serve as the bedrock for the establishment of fundamental rules governing administrative procedures, thereby emphasizing the imperative of their direct application.

Аналіз сприйняття корупції в період дії воєнного стану в Україні

The article summarizes the main scientific approaches to determining the essence of the category of «corruption». Based on the analyses of domestic and foreign publications, the authors’ own definition of corruption is proposed, which is considered as the purposeful dishonest actions of a person/persons aimed at using their powers not in an officially formally defined way, but in order to obtain unlawful benefits for themselves or a third party/parties, leading to the emergence of potential negative material and non-material losses for other individuals, their groups, the State and society in general. The data on the value of the Corruption Perceptions Index, the scale for assessing its level and sources of information for studying the perception of corruption in Ukraine are systematized. The possible reasons for Ukraine’s lagging behind in terms of the Corruption Perceptions Index compared to neighboring countries are substantiated. The main recommendations on the part of Transparency International Ukraine, an accredited representative of the global movement Transparency International, regarding Ukraine’s further steps for 2024 in the fight against corruption are highlighted as follows: to increase the efficiency of the fight against corruption at the highest levels of big business and public service; improve the system of using the assets of corrupt officials and pro-russian accomplices; improve the system of transparency and monitoring of public procurement. Practical recommendations for reducing the level of corruption in Ukraine during martial law are proposed, which, in turn, will contribute to improving the socioeconomic development of the country and serve as a foundation for further European integration processes in Ukraine. In particular, emphasis is placed on the need to pay special attention to taking into account the recommendations of international partners in a timely manner; further improvement of anti-corruption legislation in Ukraine; creation of «profiled codes of conduct» for public servants; resumption of the processes of competitive selection of managers, heads of executive bodies, and members of supervisory boards of the State-owned enterprises and submission of their financial statements, which is now an urgent task to restore public confidence in the government.

ФІНАНСОВА БЕЗПЕКА ВІДНОСИН ІНОЗЕМНОГО ІНВЕСТОРА З УПРАВЛІНСЬКОЮ КОМПАНІЄЮ В ПАРАДИГМІ «АСИМЕТРІЇ ІНФОРМАЦІЇ» ТА «МОРАЛЬНОГО РИЗИКУ»

The article is devoted to scientific analysis and characterization of the foreign investor's (the subsidiary owned by such investor) relations with the management company. The high level of information asymmetry and moral risk in relations between foreign investors and management companies was emphasized. The main advantages and disadvantages of transferring the functions of the executive body to the management company were highlighted (more effective management – on the one hand and higher risks of breaching non-compete or non-disclosure rules, higher expenses – on the other hand). The current state of legislative regulation of the status of the management company was analyzed. It was suggested to enshrine recommendations in legal acts regarding: financial indicators (the size and the form of payment of the share capital, the volume of net assets, indicators of financial stability and sustainability), qualification, skills, experience, and education of employees, premises, technical and software indicators, non-compete and non-disclosure rules, which the management company should meet. Institutional analysis of the agreement on transferring the functions of the executive body to the management company was carried out, main distinctions of this kind of agreement from the agency agreement, the mandate contract, the service agreement, and the property management contract were explained. It was proposed to determine the agreement on transferring the functions of the executive body to the management company as the business-law contract, according to which the legal entity-management company undertakes to provide managerial services for the company, to perform the functions of the executive body, stipulated by the corporate legislation and the charter of the company, is empowered to dispose the property and to make transactions on behalf and in the interests of the company, and shall receive payments for such services from the company. Practical recommendations regarding improvement of legal regulation of relations with the management company were given in order to increase the investment attractiveness of Ukraine.

КОНСУЛЬТАТИВНО-СОВЕЩАТЕЛЬНЫЕ ОРГАНЫ ПО ВОПРОСАМ КУЛЬТУРНОГО НАСЛЕДИЯ В РОССИЙСКИХ РЕГИОНАХ: МЕЖДУ ДЕЛИБЕРАЦИЕЙ И ИМИТАЦИЕЙ

The article attempts to answer the question why in some regions consultative and advisory bodies on cultural heritage reporting to senior officials and senior executive bodies of Russian regions actually become mediating institutions (intermediaries) ensuring civil participation in the policy-making process, while in others they only imitate the interaction between government and society. Consultative and advisory bodies of St. Petersburg, Leningrad and Pskov regions were selected as examples for comparative analysis. Each of these bodies emerged under different conditions and due to different reasons, which determined their course of development. The study concludes that, in a number of cases, consultative and advisory bodies were able to influence the adoption of political and managerial decisions. However, the effectiveness of their activities as mediating institutions depended entirely on: 1) the interest of senior regional officials in interacting with public associations and expert communities to solve problems; 2) the participation of representatives of public associations actively advocating the preservation of cultural heritage.

Трансформация организационно-функциональной модели госу- дарственного и муниципального финансового контроля

The article is devoted to the current organizational and functional model of state and municipal financial control. The author analyzes the powers of external and internal state and municipal financial control bodies and concludes that they are similar. He also summarizes the results of the analysis of the execution of budgetary powers by state and municipal financial control bodies, which are executive bodies of the subjects of the Russian Federation or local administrations, for the period from 2018 to 2023, conducted annually by the Federal Treasury. This allows to identify systemic problems that require improvement of the organizational and functional model of state and municipal financial control. The article contains proposals for the transformation of the existing control model.

Напрямки удосконалення взаємодії органів місцевого самоврядування з інститутами громадянського суспільства публічної влади в умовах війни в Україні

The need to establish effective interaction between civil society institutions and state authorities became urgent in martial law conditions. The article analyzes the main problems in interacting with local self-government and executive power bodies with the region’s public. The main directions for improving dialogue at the regional level to establish partnership relations in local self-government bodies and executive power bodies with the public have been determined. The work determined that recognizing the relationship between law and justice is part of the European legal tradition. A fundamental element of civil society is its independent, self-governing institutions, which, interacting with state institutions, perform an essential legitimating function within and in interaction with state institutions. It has been argued that civil society organizations guarantee the inviolability of citizens’ rights, give citizens confidence in their strength, and support citizens and government agencies that can stand up to the enemy. They act in their way and turn on a self-governing basis within the limits of the Constitution and laws of Ukraine. Especially relevant is civil society’s role in the period of full-scale war in Ukraine. In such a difficult period of our independence, every Ukrainian took an active part in public life, joining the joint victory over the enemy. The activity becomes an essential support for foreign volunteers. That is why the role of civil society is invaluable. In the context of determining effective mechanisms of formation and maintaining an appropriate level of security environment is emphasized the implementation of analytical activities to determine the strategic orientations of foreign and internal policy of the state, timely detection of military threats, including potential, raising the standard of living of the population and the legal culture of society. One of the priority tasks of the interaction of the mentioned subjects is the formation and implementation of compatible measures to maintain national security by forming an appropriate level of security environment in the state and effective implementation of law enforcement activities. Keywords: civil society institutions, state, public authorities, armed aggression, public organizations.

Розробка і впровадження нових організаційних структур в публічному секторі

Розробка і впровадження нових організаційних структур в публічному секторі