Implementation Of Public Control Research Articles

Civil Society and Public Control: a Scientific Discussion on the Interdependence of Concepts

In the article, based on the analysis of doctrinal sources of domestic and foreign legal scholars, an attempt is made to establish the relationship between the concepts of civil society and public control. To solve this problem, the author analyzes the content and main features of these categories, as well as their relationship with the term rule of law. emphasize that civil society and public control are interrelated and complementary concepts. The development of civil society inevitably improves the efficiency of the organization and implementation of public control, which is its necessary tool that can neutralize illegal decisions and actions of public authorities. As for the legal provision of public control, it should be emphasized that the latter, although it has a certain normative basis in the form of separate articles of the Constitution of Ukraine, the Law of Ukraine "On Access to Public Information", the Law of Ukraine "On Citizens' Appeals", the Law Ukraine "On democratic civilian control over the military organization and law enforcement agencies of the state", but deprived of a consolidating principle, as the Law of Ukraine "On Public Control". Civil society and public control are interrelated and complementary concepts.

ПРИНЦИПИ ЗДІЙСНЕННЯ ГРОМАДСЬКОГО КОНТРОЛЮ ЗА ДІЯЛЬНІСТЮ ПУБЛІЧНОЇ АДМІНІСТРАЦІЇ В ЗАКОНОДАВСТВІ УКРАЇНИ

The article analyzes the legal relations of the realization of the rights of natural persons united in public associations to exercise public control over the activities of state authorities and local self-government bodies, their officials and officials as subjects of public administration. The doctrinal positions of individual domestic scientists regarding the peculiarities of legal regulation of public control relations in our country are characterized. It has been established that the state policy in the field of organization and implementation of public control over objects of public control represents the state's reaction to specific issues of socio-political relations, which is designed to reconcile the interests of all layers of society, to find a consensus necessary for the stability of Ukrainian society and the maintenance of interstate social - political balance of relations. The concept of the author's definition of "state behavior" is proposed as the exact and unwavering observance by the objects of public control of the rules of behavior, activity, relations, and official duties established by law, as well as the timely and full performance of state tasks and obligations by them. As a result of the study of the identified issues, the introduction of changes and additions to the Law of Ukraine "On Public Associations" of the following content is substantiated. In particular, article 3 is proposed to be called "Principles of the formation of public associations and the procedure for their control activities according to the statesmanlike behavior of public servants" and to be supplemented with the principles of democracy and legal pluralism. Section III ("Rights and activities of public associations" should be supplemented with the article "Grounds for the exercise of public control over the state behavior of public servants" and include the author's list of the specified grounds. The author's generalizations on the issues of the research were formed and the prospects for further scientific investigations regarding the improvement of tasks were determined, functions and powers of public associations as independent subjects of implementation of state policy regarding the transparency and legality of activities of subjects of public administration.

INSTITUTIONAL PRINCIPLES OF FORMATION OF PUBLIC CONTROL MECHANISMS IN THE ACTIVITIES OF STATE AUTHORITY BODIES

The target orientation of the study of the problem of public control is determined by the need to form the theoretical and methodological foundations of public administration in the context of the modern paradigm of social development – the systemic reboot of power and, accordingly, the forms and methods of public control. The increasing complexity and dynamism of the political changes taking place in Ukraine, the influence of the external environment, which increases the level of competition in the markets of goods, services, capital and labor, require efforts to create an effective state mechanism for development, analysis, implementation, and control. The success of public administration is determined by the intensity of application of the latest approaches and methods of analysis, planning and control of public administration activities, as well as organizational structures and information systems. In modern conditions, the essence and content of public control is changing, which requires a fundamentally new approach to the implementation of functions, powers of both general and special competence. It has been proven that the implementation of public control is one of the necessary conditions for the establishment of a democratic, legal state and the development of civil society in accordance with European values. The article focuses on forms of public control and features of modern scientific approaches to the rationalization of public control mechanisms. It has been established that public control is an integrative concept that combines state, public, non-governmental, civil, political and other forms of controlling influence on the system of social relations. It is proposed to define the mission of public control in the context of the unwavering provision by the authorities of the constitutional rights and duties of citizens, the powers of management institutions, and the implementation of the constitutional principles of the functioning of the state. The expediency of introducing special mechanisms for ensuring public control is considered, both in the system of a stable state of the system of public administration, and in special conditions, in particular, in the conditions of martial law.

Общественные движения в Российской Федерации и их участие в выборах: современное состояние и перспективы развития

Introduction. The socio-political sphere of the state is the foundation of its democratic development and a prerequisite for longterm state-building. The history of the development of the Russian state testifies to the absence of traditions of the formation of democratic institutions and their development. Social movements in the modern state are the mainstay of the development of the country’s political system and the prerequisite for the formation of new political parties. In accordance with the Federal Law “On Public Associations”, a public movement is a type of public association that has a mass character and pursues social, political and other socially useful goals. Taking into account the peculiarities of the current stage of constitutional and legal regulation of the activities of political parties, it is necessary to consider the issue of expanding the participation of social movements in the socio-political life and in the electoral process. Theoretical analysis. Today, Russia stands on the path of democratic transformation of all state institutions. The institutions of the socio-political sphere of civil society also need this transformation. The activities of political parties in a country with a stable constitutional framework are the basis for the exercise of state power. The functioning party system of modern Russia is not characterized by elements of completeness. Social movements, taking into account the Russian reality, could become a platform for the formation of competitive political parties in the future. Empirical analysis. The analysis of the content of the Federal Law “On the basic guarantees of electoral rights and the right to participate in the referendum of citizens of the Russian Federation” indicates the legal consolidation of such a concept as “electoral association”. This concept is introduced to define the subject of electoral actions in the process of holding elections at various territorial levels. Its content indicates that in the framework of federal and regional elections, these are primarily political parties. In elections to local self-government bodies, such an electoral association may be a public movement, provided that the purpose of participation in the elections is fixed in the statutory documents. Results. The natural process of forming political parties is related to their grassroots level of formation. Today’s Russian party system is in crisis, and small political parties do not enjoy electoral support. It is necessary to create legal conditions for the development of socio-political movements – as an organizational basis for the formation of political parties with stable political programs. The conclusion is formulated that among all the variety of social movements functioning in Russia, one can distinguish such a variety as socio-political movements and provide for their right to nominate candidates for deputies in single-mandate and multi-mandate electoral districts, as well as their participation in the implementation of public control in Russia.

Public control over the observance of the rights and freedoms of minors in Russia

This article is devoted to the analysis of modern problems associated with the organization and implementation of public control over the observance of the rights, freedoms and legitimate interests of minors in the Russian Federation. The article has developed and justified a system of measures for the full organization and implementation of public control over the observance of the rights, freedoms and legitimate interests of minors in Russia.

Constitutional and legal analysis of assessing the effectiveness off the formation and functioning of public control in Russia

The practical implementation of the constitutional and legal foundations of public control in the Russian Federation involves the analysis of modern problems arising from the organization and implementation of this institution of civil society, as well as the development and justification of ways to resolve them. We believe that the resolution of modern problems arising from the organization and implementation of public control in Russia will ensure the implementation in practice of the constitutional principles of democracy and the participation of citizens in the management of state affairs, as well as the implementation, protection and protection of the system of human rights and freedoms and citizen.

The place of the russian president in the system of objects of public control

This article is devoted to the research of the possibility of exercising public control in relation to the President of the Russian Federation. The article substantiates the concept of public control in Russia, and also analyzes the current problems associated with the consolidation in the legislation of Russia of the concept and list of objects of public control. This will not only solve modern problems associated with the implementation of public control in the Russian Federation in relation to the President of Russia, but also ensure the full development of public control as a promising civil society institution.

On-farm land use management of agricultural entities

The issues of land legislation in the field of regulation of land relations have been identified. It was determined that pre-reform period was characterized by the planned development of economy, on-farm land management design was mandatory and was of a directive nature. The author notes that the Rules for Rational Use of Agricultural Lands establish the existence of onfarm land management projects aimed at their rational use. The results of the analysis showed that currently in the land legislation of the Republic of Kazakhstan there are no clear requirements for drafting projects in the system of measures on land use regulation. Therefore, in practice, they are developed by only a small part of economic entities, which leads to deterioration in reclamation state of agricultural land, decrease in fertility level, contamination of crops with weeds, spread of various diseases and plant pests, degradation of forage lands (pastures, hayfields), etc. All this is the result of underdeveloped land legislation, weak implementation of public control over the use and protection of land. The existing structure of on-farm land management projects has been analyzed. The conclusion on the need for their development, as well as methodological instructions based on new approaches and innovative technologies was done. It is noted that in 2018 at the legislative level, amendments were made to the Land Code, regulating the procedure and features of the provision of State-owned agricultural land for peasant or private farm operations, agricultural production through tender commission. Owners or land users were invited to develop on-farm land management projects at their own expense.

Digitalization of Public Control

This article proposes a modern, new idea of ​​increasing the effectiveness of public control. This is "electronic public control". As digitalization leads to a positive outcome in all areas, this method further enhances public scrutiny. Increases practical significance. So far, the scientific basis for the digitization of public control has not been studied in depth. Because this is a new direction. This research was conducted on the basis of observation, generalization and axiomatic methods. Public oversight practices were followed. The existing legal framework and their practical implementation were studied. As a result, some problems with the implementation of public control were identified. In particular, the failure of laws and its causes. Simple and effective methods of citizen control have not been implemented. Legal mechanisms for electronic reporting are not fully formed. The practice of organizing public discussions through digital technologies has not been formed. In general, real-life situations were not taken into account in the exercise of public control. Public control needs to be digitized to address these issues. Convenience should be created for ordinary citizens. Strong control over the activities of the state body, its official must be established. This ensures the rule of law. The article makes suggestions and recommendations based on the analysis of existing problems in this area.

Органы судебной власти как объект общественного контроля в России: конституционно-правовые аспекты

This article is devoted to the constitutional and legal analysis of the judiciary as an object of public control in the Russian Federation. Object of research: public relations related to the organization and implementation of public control in the Russian Federation. Subject of research: the current legislation regulating both the organization and implementation of public control, and the formation and functioning of judicial authorities in Russia, as well as the Russian legal doctrine in the field of organization and implementation of public control in relation to the activities of courts. The article develops and substantiates the author’s definition of public control in the Russian Federation. The author substantiates the system of measures necessary to ensure the full organization and implementation of public control over the judiciary in Russia. This article uses a number of methods of scientific research, in particular: analysis; synthesis; historical; comparative law; classification; modeling.

Issues of implementation of public control in the process of democratization of society

Issues of implementation of public control in the process of democratization of society

Joint-stock companies as an object of public control in the Russian Federation

This article is dedicated to the study of possibility of attribution of the joint-stock companies to the objects of public control in the Russian Federation. The authors believe that the institution of public control manifests as the key legal guarantee for the implementation, protection and defense of the constitutional principles of democracy and public participation in administration of state affairs. However, the implementation of this civil society institution is accompanied by numerous problems, one of which is the definition of the concept and the list of objects of public control. In this regard, the authors explore various approaches towards the question of attribution of joint-stock companies to objects of public control. The article formulates and substantiates the original definition of the concept of “public authorities”, which imply not only authority of the state and local self-governance, but also as the combination of such rights of separate subjects of law, the realization of which directly affects the mechanism of implementation, observation, protection and defense of the rights, freedoms and legitimate interests of a wide range of citizens of the Russian Federation, foreign citizens, stateless persons, legal entities, as well as public authority bodies, including local self-governance. Therefore, it appears that joint-stock companies should be classified as a variety of the objects of public control. However, the possibility of organization and implementation of public control over their activity requires introducing certain amendments to the current legislation.

Гражданин Российской Федерации – субъект осуществления общественного контроля в России

Introduction. Public control is an attribute of a developed civil society in the state. In Russia, the Federal law regulating the procedure for public control was adopted in 2014. This law has established a limited range of subjects of public control in Russia, however, current legislation indicates the actual inclusion of other subjects not stipulated in the law in this mechanism. A citizen of the Russian Federation is not directly listed by the Federal law as a subject of public control, however, the law provides for forms of participation of citizens in the process under consideration. Theoretical analysis. Russia today stands on the path of democratic transformation of all state institutions. The implementation of fundamental constitutional provisions regarding the recognition of human and civil rights and freedoms as the highest value is impossible without the functioning of instruments of public control over the activities of public authorities. Developed democracy presupposes the exercise of public control by the entire multi-level system of civil society institutions, with the citizen at the center. Empirical analysis. The analysis of the content of the Federal law “On fundamentals of public control in the Russian Federation” from the point of view of consolidation of constituent entities of social control and forms of its implementation, allows to conclude that, in fact, the law duplicated the forms of social control and subject composition fixed earlier by the Federal law “On Public chamber of the Russian Federation. The current legislation indicates that the central link in the number of subjects of public control are public chambers and public councils operating in Russia and that there are no legal guarantees of citizen participation in the implementation of public control. Results. The current development of the procedure for implementing public control in Russia implies the need for legislative consolidation of direct forms of participation of citizens of the Russian Federation in this mechanism. Direct forms of such participation can be: appeals to state authorities and local self-government bodies in the form of proposals with wide public awareness via Internet resources; participation of citizens in the electoral process as public observers; participation as a member of the public chamber of any territorial level of the organization; participation as members of public associations and other non-governmental non-profit associations; participation as public inspectors and experts on the initiative of Russian citizens.

Роль объединений предпринимателей как институтов гражданского общества в осуществлении общественного контроля в России

Роль объединений предпринимателей как институтов гражданского общества в осуществлении общественного контроля в России

PUBLIC CONTROL IN THE SYSTEM OF LOCAL SELF-GOVERNMENT: BASES AND FEATURES

Legal regulation of issues of public control and supervision is one of the problems of legal theory and practice. Underestimating of the place and features of municipal control in the system of public control and supervision is the cause of the poor quality of legal decisions taken, as well as legislation adopted at the level of both the Russian Federation and individual constituent entities of the Russian Federation. Municipal control in the system of public control and supervision, developing recommendations aimed at overcoming the shortcomings of legal regulation and practice of implementing municipal control. Methods: general and private scientific methods of cognition of objective reality (analysis, synthesis, abstraction, analogy, comparative legal, formal legal, and other methods of scientific cognition). The article deals with issues of relationship between state and municipal (public) control carried out by local self-government bodies - as a rule, due to the need to solve tasks that fall within the competence of state power. The problems of its independent implementation are studied based on the principles of local self-government - self-organization and self-control. A detailed analysis of the current legislation, allowing local governments to act as “controlling agents” of state power, is conducted, and based on this analysis, conclusions are made about the existing of municipal public control in the system of local self-government as a specific public phenomenon combining elements of public law and private law regulation. As a state, the Russian Federation is faced with the task of drastically improving the system of control (supervision) as a function of public power, and therefore the already initiated legal reform in this area will undoubtedly continue. In the context of the development of civil society and an open state, the development of forms of public control is also necessary, the lack of which creates a sense of “permissiveness” among the subjects of public power and inevitably leads to a decrease in the efficiency of public authority. Municipal public control within the framework of this system of public-state control should be oriented, including intra-system, at identifying deficiencies in the work of the bodies and officials of local self-government that impede the improvement of the quality of management and organizations. As a result, municipal public control should contribute to a safer for citizens to work and provide services to individuals and legal entities. Sphere of constitutional, administrative and municipal law; questions of the organization of state power and local self-government in the subjects of the Russian Federation; questions of control and supervisory activities. Separate existence of municipal authority does not mean the lack of interaction of local selfgovernment with state administration, non-coincidence of municipal formations under the influence of state-governmental structures, denial of influence of state on local self-government. State power has a significant impact on development of basic social processes predetermining the peculiarities of the implementation of public control by the municipal government. The implementation of supervisory activities, including at the local government level, is an important part of the stable, uninterrupted functioning of the state.

Інформаційно-комунікаційні технології у здійсненні громадського контролю за діяльністю органів місцевого самоврядування: теоретико-правовий аспект

Інформаційно-комунікаційні технології у здійсненні громадського контролю за діяльністю органів місцевого самоврядування: теоретико-правовий аспект

Здійснення громадського контролю у сфері публічних закупівель як форма реалізації конституційних прав громадян

Здійснення громадського контролю у сфері публічних закупівель як форма реалізації конституційних прав громадян

Educational service as an object of civil rights

The author has studied the features of educational service as an object of civil rights.
 It has been noted that social benefits should not be understood as the object of civil rights, as some researchers insist on, the object of civil rights must be perceived as a legal behavior of the participants in legal relations. The main argument in favor of such a conclusion is the indication that the right as a regulator of public relations can affect only the volitional conduct of the participants, but not directly the benefits. The benefits are not capable of perceiving the legal requirements of legislative acts or contracts. Consequently, the educational service should be regarded as the legal behavior of the provider of this service, aimed at forming certain social qualities of the subject of educational influence.
 Behavior of educational services’ providers is a series of interrelated and purposeful acts of conduct (operation), and when such operational actions are carried out over a long period of time, they become the nature of activity.
 The legal form of providing educational services is a contractual obligation. The object of such binding legal relations is the requirement of the customer of the educational service in relation to the execution of the relevant subject actions by the provider and the subsequent positive reaction of the latter to the fulfillment of his duty. The object of the considered legal relations and the object of the subjective right of the customer of the educational service, according to the author of the article, coincide in their volume.
 It has been emphasized that the providers of educational services cannot have civil and legal obligation to guarantee the effectiveness of training, since the achievement of such an effect depends on the intellectual capacity of the subject of training and other factors. The eligibility criteria for the performance of educational services are regulatory requirements that determine the content of a particular level of education, the volume and sequence of teaching disciplines, etc. Based on this, one of the features of educational services is the implementation of public control over the compliance of the substantive conduct of the providers of such services with the requirements of the law.

Regulatory legal provisions of the public control at state customs

The problem of legal ensuring of the public control at state customs is explored in the article. The system of legal acts that regulate relations regarding public control at state customs is determined. The author also gives propositions concerning the ways of its improvement. Ukraine has a sufficiently extensive, hierarchically structured system of legal acts, which provides an opportunity for the public to participate in the implementation of public control at state customs. This system is mainly formed by laws and regulations that have a general character and regulate relations that arise while public control performance and are not limited by any departmental frames of a certain state body. With the purpose of resolving the differences concerning the definition of subjects, that cooperate with the organs of State Fiscal Service of Ukraine, in legal acts, the author offers to make an amendment to the art. 562 of Customs Code of Ukraine: to add associations of citizens, civil society organizations, trade unions and employers' organizations, and also enterprises, institutions and organizations to the list of subjects of interaction.

The legal basis for the implementation of public control over provision of state and municipal services to the citizens

The legal basis for the implementation of public control over provision of state and municipal services to the citizens