Form Of Public Administration Research Articles

ИНСТРУМЕНТЫ АДМИНИСТРАТИВНО-ПРАВОВОГО ОБЕСПЕЧЕНИЯ ФИНАНСОВОЙ БЕЗОПАСНОСТИ ГОСУДАРСТВА

The article analyzes the problems of the instrumental component in the administrative and legal mechanism of ensuring the financial security of the state. It is emphasized that the transformation in the modern administrative and legal doctrine of the categories “forms of public administration” and “methods of public administration” into the category of “instruments of public administration” actualizes the study of instruments of administrative and legal provision of financial security of the state by law enforcement agencies. It is established that modern legal doctrine applies a broad approach to the definition of the category of “legal instruments”, according to which instruments are understood as the whole range of means of legal regulation/ influence, and it is proposed to disclose specific instruments of public administration through the prism of a system of its institutional and functional characteristics.

Improvement of tools for the activity of local public administration bodies in the context of European integration

In the paper, a study of the definition of the concept of tools of local public administration bodies, their types and directions of improvement in the context of European integration was carried out. In particular, the author notes in the paper that the tools of public administration bodies are those actions they take with the purpose of legal regulation of legal relations with their participation, with the aim of regulating them or influencing the participants of such legal relations, ensuring compliance with the rights and interests of the participants of legal relations and the state ( or other public entity) as a whole (forms of public administration), legal means (techniques) that are used (methods of public administration); the concept of "tools of activity of public administration bodies" covers the regulation of administrative legal relations of an external nature. The instruments of activity of local bodies of public administration can be normative legal acts (in the form of orders of heads of local state administrations (including military administrations), orders of heads of territorial communities, decisions of local councils and their executive committees), acts of a programmatic nature (including social programs - economic and cultural development of the community, district, region, target programs on other issues), orders and decisions of an individual nature (including regarding the implementation of administrative-procedural and administrative-delict powers. On the basis of the conducted scientific research, the author came to the conclusion that in order to improve the tools of local public administration bodies in the context of European integration, the practice of concluding administrative contracts by them should be expanded, including regarding the cooperation of public administration subjects and public authority subjects, who, on the one hand, do not belong to the executive branch of state power, and on the other hand, can participate in the implementation of state programs at their own request.

Публічне управління як основний різновид соціального управління, галузь наукового знання і галузь освіти

The article is devoted to defining the role and importance of public administration in the world. Public administration is considered as the main type of management and branch of education, academic discipline. The content of the concept of public administration and management is revealed in detail. Possibilities and methods of public administration, forms of public administration are defined and worked out. The subject of research is the theoretical, methodological foundations and practical aspects of public administration.

DEVELOPMENT OF E-GOVERNMENT UNDER CONDITIONS OF DIGITALIZATION

The article analyzes the scientific positions on the development of e-government in the context of digitalization. It is argued that e-government is an important factor in the activities of the modern state and increasingly absorbs into people's lives. Based on the analysis of theoretical approaches to understanding the concept of "e-government", it is determined that e-government is a form of public administration that promotes openness, efficiency and transparency of both public authorities and local governments through the use of information telecommunication technologies aimed at meeting the needs of citizens. Attention is paid to the essence of digitalization as a driving force of innovation management. It is concluded that e-government in digitalization provides an opportunity to change approaches to the nature of public authorities, make their activities more transparent and public, and proposed a number of measures to develop e-government in digitalization.

The fragmentation of public administration: Differentiated and decentered governance in the (dis)United Kingdom

AbstractThis paper analyzes a UK polity that is characterized by fragmentation, differentiation, and decentered governance which is evident at multiple layers of public policy and administration. The development of devolved governments as well as ongoing debates around regional and local governance have created increasingly fragmented places. The intensification of policies associated with the new public management has fragmented the provision of public services. And the absence of a common approach to professional development has led to growing fragmentation of public service workers from different professions and sectors. We argue that these trends reflect many of the aspects of an advanced or late‐stage new public governance. This is ripe territory for further research and demonstrates that UK public administration continues to have much to offer to international scholars. It also raises important questions about what forms of public administration might emerge next.

E-GOVERNMENT AS A METHOD FOR LEGAL COMMUNICATION BETWEEN CIVIL SOCIETY AND PUBLIC ADMINISTRATION

E-government is a form of public administration which promotes efficiency, openness and transparency of public authorities and local governments with the use of information and telecommunications technologies to form a new type of state focused on meeting the needs of citizens. E-government is studied as a way, a form, the concept, system and mechanism of cooperation between the state (public administration) and public sectors (civil society). As a method for legal communication between civil society and public administration, e-government plays the role of a means of public self-government, which involves interactivity and continuity of interaction between citizens and the state, the presence of public control over the activities of public authorities. This article is dedicated to reveal the role of e-government for realizing the goals of legal communication between its participants in public life. However, further in-depth analysis requires understanding the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, as well as exploring promising areas of legal regulation of virtual legal relations between public authorities and civil society. The implementation of e-government in Ukraine should be provided on a qualitatively new level to develop efficient legal communication between government and society as a whole, strengthen confidence in the state and its policies, improve cooperation between public authorities and local governments, business, citizens and civil servants. The authors of this article adhered to its purpose, which is to analyze the understanding of the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, and exploring promising areas of legal regulation of virtual legal relations between government and civil society.

FEATURES OF INFORMATION SYSTEMS AND TECHNOLOGIES OF PUBLIC MANAGEMENT AND ADMINISTRATION IN THE CONTEXT OF EUROPEAN INTEGRATION PROCESSES

The article updates the importance of using modern information systems and technologies of public administration and administration in the context of European integration processes. It has been substantiated that the efficiency of the work of authorities at all levels is largely determined by the quality and efficiency of their information and analytical services. The essential-meaningful characteristic of the information system of public administration and administration has been determined by generalizing the views of domestic and foreign scientists. The structure of the information system was defined through the allocation of four main components: means of fixing and collecting information; means of transmitting the relevant data and messages; information storage means; means of analysis, processing and presentation of information. The directions of the functioning of interconnected information systems that ensure electronic interaction of public authorities of different countries in the context of digitalization and globalization of socio-economic relations with representatives of business structures and civil society, allowing to form elements of the "virtual community" and "digital power" as transformed forms of public administration were characterized. Among them are: free movement of information data; expansion of forms of audiovisual communication through the development of modern computer technology; interactivity of modern media tools used in the public administration system; anonymity of collective and individual communication on the Internet; the rapid dissemination of information using modern communications; modern means of forming and transmitting information. The technology of information exchange in the information system of public management and administration in the context of globalization and eurointegration has been formalized. The advantages of information technologies in public administration for the implementation of socio-economic cooperation projects is highlighted, including: creating conditions for the availability of information on significant economic and social issues; strengthening the level of mutual trust in society; strengthening feedback between state and public subjects of public administration relations; creation of innovative forms of public participation in public administration; the formation of sources of transparency in the actions of interacting institutions; ensuring productivity growth of e-government while reducing time and labor costs in information processing and decision-making.

Approaches to understanding the category "special legal regimes"

The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance

Characteristics of Bureaucracy: Examining the Relations between Bureaucrats and Politicians in Lesotho

Bureaucracy represents an ideal form of public administration. Its robust structure facilitates the attainment of public goals. It introduces fairness, rationality, discipline and equity into the public administration. Regardless of its desirability, it is not conveying the expected outcomes in Lesotho. This paper is largely based on secondary data and content analysis to unearth the causes of the poor performance of bureaucracy in the country. It found out that the rent-seeking behaviour of elected public officials taints the merits of bureaucracy so that scholars are lured to believe that it is dysfunctional. The behaviour of the political office-holders in Lesotho demonstrates that they are determined to intimidate technocrats who hamper their interests. Such practices overshadow the desirability of bureaucracy. Top political office-bearers in the country prefer infiltrating the bureaucracy with unqualified civil servants for political gains. They have even coopted the judges so that they can manipulate the public administration with impunity. However, the government of Lesotho can correct these abnormalities by reinforcing the existing laws and strengthening the impartiality of the judiciary.

Hybridity as a Result of the Marketization of Public Services: Catalyst or Obstruction for Sustainable Development? Deductions from a Study of Three Hybrid Waste Management Organizations in The Netherlands

Increasingly, hybridity, i.e., the combination of contrasting and conflicting elements within organizations, is seen as a way to create innovation and synergy in dealing with complex societal questions, leading to more sustainable development. Much research on the subject deals with the phenomenon of social enterprise, but hybridity also takes place in other, more traditional organizational settings. For example, many governments have created hybrid organizations by embracing new public management (NPM) as a way to overcome the perceived shortcomings of traditional, hierarchical forms of public administration, such as inefficiency and the lack of an entrepreneurial spirit. Here, hybridity is often not so much seen as a way to increase sustainability but rather as a way to cut cost and to increase the quality of service provision. This article adds the sustainability dimension to this discussion through a deductive approach, reinterpreting the results from a study on the effects of the hybridity of three municipal waste management organizations in the Netherlands. The main conclusions are that hybridity leads to a more professional management style but also to more attention on output than on outcome. The article discusses what this means in terms of pursuing sustainability and sustainable development.

“Leviathan”, or an essay on the doctrine of the state by T. Hobbes

The study focuses on individual episodes of the biography, the most notable ideas and main socio-political views of the outstanding English scientist, social philosopher, theorist of the origin of the state – T. Hobbes. On the basis of the classic work “Leviathan”, his backbone thoughts on the processes of state building, the development of a balanced normative and legislative system and specific motives for striving for power are highlighted. In particular, attention is focused on the search by the researcher of the optimal balance between freedom and the duties of a citizen. The aspiration of the classic to a comprehensive study of the most effective mechanism, optimal forms of public administration, primarily for the establishment of stable social order and safety, is noted. The scientist emphasized that an authoritative, sovereign, legitimate state is able to effective cope with the tasks set. In which those in power are obliged to be guided by norms of morality and law. Characterized, according to the researcher, the socio-psychological traits of both average citizens and sovereigns for the full life support of the country.Highlighted his heuristic principles of anthropomorphism, which more metaphorically, expressively detail the likely destructive diseases of the state, among which he considered the lack of frugality and the processes of oligarchization of the socio-political system to be especially unsafe. Scientists emphasized the absolute rejection of corruption, lack of social justice, abuse of power. Thus, the advantages and disadvantages of various forms of government were highlighted, in particular, monarchical, aristocratic, democratic. The scientists himself was an active supporter of absolute monarchy and the unshakable authority of the state. At the same time, he focused not so much on the duties of citizens to the state, as on the duties of state representatives to their citizens, the implementation of which can state structure effective, authoritative and legitimate. At the same time, the contribution of T. Hobbes to the development of the philosophy of law is highlighted. In general, it was emphasized that the English scientist comprehensively substantiated his own thought about the immutability of human nature in the form of manifestations of selfishness, individualism, insatiable appetites, unrestrained passions, and the desire for social change. According to the philosopher, only a just, sovereign, authoritative state is capable of curbing the negative manifestations of human nature. In addition, attention focused on the state-forming nature of his philosophy and the scientist’s significant contribution to the development of the theory of the social contract or the contractual origin of the state is highlighted.

Implementation of Registration Actions as Manifestation of the Legal Form of Public Administration

The issue of carrying out registration actions as a manifestation of the legal form of public administration at the present stage of development of national practice has been analyzed. The level of scientific developments in this area has been clarified and the lack of a unified approach to determining the implementation of registration actions in the context of the realization of legal forms by public administration entities has been emphasized, which leads to difficulties in law-enforcement. It has been concluded that the implementation of registration actions as a manifestation of the legal form of public administration involves official recognition of a certain fact by the state certifying that has legal consequences, and / or in order to ensure the exercise of certain rights by individuals. It has been found out that the result of these actions is the act – the expression of the will of the subject of public administration (decision) or registration actions. It has been substantiated that legal and preventive control is carried out during registration actions, where the subject of public administration has the right to check the scope of legal personality and their behavior of the subjects who applied for registration actions.
 The implementation of registration actions in the context of providing administrative services with different content and public legal nature has been studied. The issues of the nature of legal relations formed during the implementation of registration actions between the recipients of relevant administrative services and public administration entities have been studied.
 The author has emphasized problematic issues of delimitation of jurisdictions during the resolution of disputes by courts, which arise during the provision of administrative services for the implementation of registration actions. It has been concluded that relations arising during the implementation of registration actions between the subjects of public administration from the point of view of legal protection of the recipient of the relevant administrative service, may be of private or public legal nature.

Научная концепция организации судебной деятельности в условиях ее цифровой трансформации: понятие и содержание

The digital transformation of the judiciary actualizes scientific problems of a managerial nature related to the search for more effective organizational forms of judicial activity in modern conditions. The purpose of the study is to justify the scientific concept of the organization of judicial activity, the content of which would make it possible to improve the processes of intrasystem management of the activities of the courts to achieve the goals of the formation of the information society and digital economy. The worldview and methodological basis were the work of scientists and the methods used by them in the analysis of the general theory of public management and public administration. The modern scientifically grounded concept of the organization of judicial activity is a system of guiding ideas that define, for a clearly defined perspective, the tasks, principles, directions and organizational and legal forms of public administration in the judicial sphere to achieve national goals. The content of this concept is an intra-system organizational and management activity, considered in two aspects: functional (goals, objectives, principles, directions, forms and means) and institutional (legal statuses, structure of the judicial organization, judicial self-government bodies, public service). It is argued that the intrasystem judicial management reveals the content of the analyzed concept. The authors, analyzing the terms «judicial management» and «judicial administration», consider them close, but not identical, the criterion for distinguishing them is the professionalization of subjects of organizational and managerial activity. The work defines the strategic goals of the judicial management, its main directions. The conclusion is substantiated that a new type of judicial organization will reflect its technological effectiveness and will result from the modification of its model: from the organization of judges and judicial personnel to the model of a unified organization of judges, court administrations and information systems. This organizational regularity will need to be taken into account in judicial reform plans.

Autogestión comunitaria y Administración Pública en América Latina. Un camino hacia otra forma de administrar lo público: Casos de estudio en Argentina, Venezuela y Ecuador

Las prácticas sociales latinoamericanas en su hacer histórico, han definido un conjunto de destrezas, métodos, formas y maneras de gestionar lo público. La ciencia de la administración pública nos llama a ser cada vez más críticos y reflexivos sobre esa realidad que ha cohabitado con la implementación de paradigmas de administración, diseñados e implementados por y para realidades divergentes a la nuestra. El presente trabajo a partir del estudio cualitativo de casos, pretende brindar algunas herramientas de análisis aportadas desde prácticas impulsadas por organizaciones comunitarias realmente existentes en Argentina, Venezuela y Ecuador. A partir de esto, se propone analizar la influencia de la autogestión comunitaria en las formas de administración pública en América Latina, tomando como referencia a tres organizaciones, seleccionadas bajo criterios metodológicos como su dimensión comunitaria, su capacidad de nuclear a otras organizaciones sociales, que gestionen y administren servicios públicos y cuya permanencia en el tiempo sea verificable.

ПРОЦЕСС РЕАЛИЗАЦИИ НАЦИОНАЛЬНЫХ ПРОЕКТОВ В РЕГИОНЕ. ПРОЕКТНОЕ УПРАВЛЕНИЕ

The main purpose of this article is a comprehensive analysis of the implementation of national projects as a form of public administration, as well as the organization and control of the implementation of national projects. It is shown that currently the implementation of national projects can be carried out using a method called "project management" or project management, public administration. The concept of "project" is given as generalizing into a certain system and combining procedures, actions and activities to achieve the goal. Today, these methods have almost acquired the status of a standard. It is noted that project management has recently developed into a practical methodology that is used in various areas of human life. The article presents various types and types of projects: technical, organizational, economic, social, investment, innovation, research, etc. There are short-term, medium-term, and long-term projects that can include, for example, municipal, regional, Federal, state, or national projects. Special attention is paid to national projects. The latter are intended for organizing powerful scientific and technological and effective socio-economic development of the country and each specific region. In the process of their implementation, the goals of self-realization and improving the standard of living of the population are pursued. It is also reported about the official introduction of project management in public authorities in the Russian Federation. Thorough methodological and organizational preparation is shown for effective implementation of national projects. However, national projects are not being implemented actively enough. The Samara region has organized activities for the implementation of almost all national projects. As an example, the national project "Safe and high-quality roads" is proposed, the characteristics, state of the project management and its implementation in the Samara region are considered. The assessment of the state of highways in the studied region is given. The obvious relevance of the introduction and implementation of the national project "Safe and high-quality roads" in the Samara region is confirmed. Analysis of the content of the national project "Safe and high-quality roads" in General shows that its implementation or implementation set extremely complex goals. The article proposes to implement their achievement using the "project management" method. The success of using the project management method is determined by the fact that management is carried out in accordance with the principles of project management throughout the project lifecycle.

Public Administration’s Regulatory Acts: Classification Issues

The author has attempted to group public administration’s normative acts. The advantages of classification as the method of cognition of state and legal phenomena and rules of its conduction have been outlined. The criteria for classification of public administration’s regulatory acts have been clarified. That made it possible to specify the content of the components identified as a result of the classification. The author has emphasized the necessity of forming theoretical system of regulatory acts as forms of public administration, establishing their clear hierarchy and competent independence.
 Based on the competence of the public administration entity, it has been offered to distinguish general, departmental, interagency and local regulatory acts. The author has offered to improve the competence of public administration agencies with regard to normative and legal regulation of public administration relations. The author has indicated on the need to rethink the scope of the concept of local regulatory acts and has offered to include exclusively the acts of professional self-government agencies of socially important professions. The author has emphasized on the necessity to set general requirements for local rule-making in order to avoid procedural violations.
 According to the functional purpose, the author has offered to distinguish program, regulatory, law enforcement, competence, statutory and structural acts, as well as planning acts. Competent acts define the sphere of responsibility, main tasks and powers, managerial relations within the agency of public administration and its organizational and legal form; structural acts – the territorial and functional structure of public administration agencies, distribution of powers, etc., statutory acts – the procedure of management and functioning of public institution. Program and planning acts do not cause the immediate effects of legal consequences such as the emergence, change or termination of subjective rights and legal obligations and related legal relations, which, however, does not mean that they do not lose the features of normativity. The legal force of such acts will depend on the entity that approved the act: the higher its place in the hierarchy of executive authorities, the higher its legal power.

Administrative Contract as a Legal Form of Public Administration: Updating Doctrinal Approaches

The analysis of the features of administrative contracts, formed by the theory of administrative law, has been made for the purpose of their compliance with the current legislation. The perspectives of improving both the doctrinal understanding and the normative construction of the concept of administrative contracts have been clarified. It has been stated that administrative contracts are only one of the possible contractual forms of regulating the relations of public administration. Contractual regulators can be both formalized in the form of administrative contracts or unformalized, when the agreement between the authorities is fixed at the level of legal acts or when laws provide the possibility of reaching a consensus in vertical and horizontal administrative legal relations. The author has established the correlation between administrative contracts and other types of legal forms, including with administrative acts, the common legal acts. The perspectives for improving the list of types of administrative contracts have been stated. In particular, the author has substantiated that the list of cases of concluding administrative contracts, under the Code of Administrative Judiciary of Ukraine, focuses solely on the determination of the substantive jurisdiction of administrative courts and is only a basis for forming the scope of the concept of “administrative contracts”, which is much more wider than the legal definition.
 It has been pointed out that some of the statements made in the most recent writings on administrative contracts are falsified, including that administrative contracts and administrative acts are comparable incompatible concepts, and the initiative in concluding administrative contracts can come from an authorized subject, as well as from legal entities and individuals.
 The author has concluded about the significant influence of the normative construction of the concept of administrative contracts on its doctrinal understanding and the need to update the established ideas about its function as a legal form of public administration, which directs the study of those types of economic contracts, which in their essence are administrative contracts.

Coproduction of regulations under the administrative procedure act: How close is the US to a classical Liberal regulatory system?

Aligica et al. 2019) posit that a form of public administration founded in the classical liberal tradition should recognize value heterogeneity, which would create a need for coproduction of rules and polycentricity in the production of rules. Utilizing a dataset of 130 economically significant executive branch regulations proposed between 2008 and 2013, this paper assesses whether US regulators act in a manner consistent with the predictions of their theory. US federal agencies use several methods that could facilitate coproduction of rules by stakeholders. Statistical analysis finds that agencies are more likely to employ some stakeholder participation strategies for the types of regulations that may involve more heterogeneous values. However, there is scant evidence that the stakeholder participation strategies that agencies employ more extensively when values are more heterogeneous are associated with consideration of a wider variety of alternatives. There is no evidence that agencies consider a wider scope of alternatives for regulations that may involve more heterogeneous values. Therefore, value heterogeneity and stakeholder participation have not by themselves been sufficient to move the US toward a polycentric regulatory system.

NAMESTNIK GOVERNMENT AND ITS ALTERNATIVES: PROBLEMS OF EFFICIENCIES OF LOCAL GOVERNMENT IN RUSSIAN STATE AT THE END OF THE XV – XVI CENTURIES

In the article evolution and overall effectiveness of local management in the Russian state at the end of the XVXVI centuries is considered. Problems of interchangeability and complementarity of different forms of public administration, gubnoe and territorial self-government are put. In the article it is shown, that the natural decline of namestnik management begins with the middle of the 16th century as the transitional and limited form not capable in the conditions of centralization of the state properly to perform the administrative and judicial functions. On the basis of consideration of standard and law-enforcement acts two trends are revealed: 1) during gubnoe both territorial reforms considerable and various powers allocate local governments; 2) in the process of development of a mandative system in the center, conditions for bureaucratization of management and on places are gradually created. From 5080-ies of the 16th century together with registration of a mandative system and inclusion in the structure of state of foreign territories voivodship management on places arises. Initially as extraordinary management in the suburban cities and in again developed territories, the voivodship system as it appeared, had bigger in comparison with namestnk growth potential.

THE PROBLEM OF THE POLITICAL AND FISCAL DECENTRALIZATION OF THE LOCAL GOVERNMENT IN 2012-2019

The article contains a concept about Political and fiscal decentralization problem in Georgia during “2012-2019” For each democratic state strong local government and its political and fiscal decentralization is a fundamental principle of democracy. A local government is a form of public administration which, in a majority of contexts, exists as the lowest tier of administration within a given state. It contains political, fiscal and administration decentralization which means to transfer power from central government to municipality. In the way of Democracy and European integration as a still democracy development county, Local Government development and its Political and fiscal decentralization is an important and key issues for Georgia. Aim of the Article: To analyze the process and the problem of Political and Fiscal decentralization of Local Government in Georgia during 2012-2019. What type of problem we have and what is the main problem for Political and Fiscal decentralization of Local Government in Georgia. Despite all of reforms from independence to nowadays, political and fiscal decentralization of local Government is a problem for all governments in Georgia. The main reason for all of them was political control under the Local governments. After 2012, the hope that the new Government can implement real political da fiscal decentralization of local government was big. But reality is different. Despite two reforms of Local Government during 2012-2019, until now the problem of political and fiscal decentralization in Georgia is the same: no formal control of Local Governments, Most of Financial resources still have central Government, Local Governmnts have no possibility to implement their power independently, they have no own property and sufficient financial resources. In this article we give a recommendations how to improve political and fiscal decentralization aspects in Geogria and what the main problem is.