Official Persons Research Articles

Formation of state policy in the field of public administration and effective control over officials and civil servants who conceal administrative offenses

It is indicated that a significant number of scientific works are devoted to the issue of defining the term, as well as the powers and characteristics of official and official persons. However, research in the field of public policy formation in the field of public administration and effective control over officials and civil servants who conceal administrative offenses is relevant and important for ensuring democracy, the rule of law, and citizens’ trust in government structures. Despite existing regulations and mechanisms that regulate the powers and responsibilities of officials, the problem of hiding administrative offenses remains a serious challenge. According to the principle of the rule of law, the state is obligated to ensure equality before the law and accountability for violations. In the modern world, issues of public administration and control over the activities of officials and civil servants are crucial for upholding the rule of law and fostering trust in governmental structures. The problem of concealing administrative offenses by officials has become pressing due to the expansion of their powers and responsibilities to society. This article undertakes a deep analysis of the legal definitions and legislative precision in defining the terms of officeholders and civil servants, their granted powers, and explores cases of concealing administrative offenses. Various aspects are examined in the article, specifically the delineation of powers vested in officials (civil servants) and the accountability of officials for their actions. The authors emphasize the necessity of establishing effective mechanisms for oversight and supervision to prevent impunity within governmental structures and ensure fair application of the law. All facets explored in the article aim to promote the development of legal culture, strengthen trust in governmental bodies, and ensure transparency and legality in society. The authors provide a detailed examination of the harm caused to the state and society by officials and civil servants through their actions of concealing administrative violations.

Понятие административной ответственности юридических и должностных лиц за правонарушения в области дорожного движения

This article analyzes the concept of administrative liability of legal and official persons for traffic violations. The authors examine in detail the key characteristics of administrative liability, including its emergence, application, and procedures, as well as shed light on the application of this type of liability to individuals and legal entities. Special attention is given to the analysis of the development of administrative liability in the field of traffic based on current legislation. The article also discusses the problem of the absence of a formal definition of the concept of “administrative liability” in legislation and presents various academic interpretations of this concept.

Certain aspects of evidence collection in the investigation of crimes in the sphere of official activities using the authorities of official persons

The scientific study is devoted to the analysis of problematic aspects of the investigation of crimes in the field of official activity using the powers of officials, in particular, the identification of ways to overcome opposition to the investigation, the choice of tactical methods of obtaining testimony, and their possible solution in order to improve the process of documenting and investigating the specified facts. It was established that the choice of tactical techniques for carrying out separate investigative (search) actions in overcoming resistance to the investigation of crimes of the specified category depends on the illegal actions of a person and is carried out by identifying and documenting methods of resistance. It was concluded that the status of the interrogated persons (witness, victim, suspect) depends on the specific situation that arose during the criminal proceedings at the time of the interrogation and the presence of evidence of the official’s involvement in the commission of the crime. It was emphasized that the subject of interrogations of certain categories of persons should be based, on the one hand, on the circumstances to be proven, and on the other hand, the nature of the functions performed by the person and the possible extent of awareness of the mechanism of criminal activity should be taken into account. Special attention is paid to choosing the appropriate “format” of the interrogation, ensuring the safety of its participants. It is recommended to choose the tactics of interrogation of officials taking into account the situation of opposition to the investigation, which consists in detailing the information received, in the application of individual tactical methods of exposing untruths, their complexes.

Eğitim Yönetimi Süreç Odaklamasında Kamu Politikası Modelleri

The outcomes of public policy in education management process focusing are the concrete changes that occur after the implementation of the decisions taken regarding public policies and the services produced. The results of public policy and the outcomes of educational management process focusing are different from each other. When public policy consequences are mentioned, they mean the consequences that arise from the fact that the public administration chooses to implement or not, and that are intended or not intended for society. Policy demands in educational management process focusing are the demands or requests of other civil or official persons or groups within the political system and in public administration, decision makers who create public policy, when a problem or need arises in society. Individuals, groups and other non-governmental organizations that make up society in democratic countries exert influence on decision-makers in terms of public policy. Education management are decisions made by public officials related to the formulation and implementation of public policy, especially in process focusing, to direct public policy activities and regulate their content. These may be wide-ranging decisions that concern the whole of the country, or they may also be narrower-ranging decisions that concern a certain segment of society. Analysts and policy makers use different models for public policy in education management process focusing. Some researchers state that the use of models often simplifies policy making, suggesting that models are simplified representations of the real world and are used to organize and interpret situations and help predict and explain the consequences of specific options. Some other researchers state that policy models should be considered as indispensable elements in conceptualizing, understanding and clearly establishing the framework of elements related to public policy. Key Words: Education Management, Public Policy, Public Policy Models

Peculiarities of the forensic characteristics of appropriation and waste committed by the employees of the agro-industrial enterprise

The article is devoted to the elements of the forensic characteristics of appropriation and waste committed by the employees of the agro-industrial enterprise, which include the method, subject, setting and traces of the crime, as well as the identity of the criminal. In addition, the author established that the method of committing a criminal offense related to embezzlement and/or embezzlement by an employee of an agroindustrial enterprise is certain conscious actions of an official or materially responsible person of a given agro-industrial enterprise, aimed at preparing and achieving a certain illegal beneficial result on its benefitIt is noted that encroachment on the property of an agro-industrial enterprise, which is carried out through appropriation and embezzlement by its employees, can be conventionally divided into the following types: methods of encroachment on property by responsible persons from warehouses (for example, the creation of unaccounted surplus material values with their subsequent illegal possession, illegal write-off of material values, overestimation of the actual amount or value of material values used by the enterprise) and methods of encroachment on property during the transportation of agricultural products by persons to whom it is entrusted (for example, creation of unaccounted surpluses, alienation of property at low prices).The author proved that the situation of embezzlement and embezzlement committed by employees of an agro-industrial enterprise can be attributed to insufficient control and gaps in accounting and accounting, a low level of economic activity, improper or insufficient control over the transportation and preservation of property, as well as the possibility of uncontrollably changing the process production, collection or transportation of agricultural products.It was also concluded that the person of the criminal of this category of criminal offenses is always characterized by specific features. First of all, it should be noted that the subject of embezzlement and embezzlement can be both a private and an official person. In addition, they have a high level of intelligence and education, knowledge of all production and transportation processes, and appropriate professional knowledge.

Method of performing legalization (laundering) of property received by an official person as an unlawful benefit

Method of performing legalization (laundering) of property received by an official person as an unlawful benefit

I.Mahmud’un Tahta Cülusunda III. Ahmed’in Kızı Saliha Sultan’ın Gönderdiği Bir “Tebrik-Nâme” Hakkında

The Ottoman Empire has an organization and ceremonial structure based on Turkish-Islamic state traditions. During the sultan's accession to the throne, a ceremony called 'Cülûs ceremony' was held in line with the rules of this protocol and it was foreseen to pay allegiance to the new sultan. It was also an important tradition to send a congratulatory name for the Culûs ceremony. Congratulation-names are a type for celebration purposes in correspondence between private or official persons. This tradition, which generally serves the purpose of being the recipient of benevolence, was also seen as valuable in terms of palace dignitaries, harem people and many literary groups. The subject within the scope of the study is III. Ahmed's daughter Saliha Sultan; It is a congratulation-name sent by Mahmud I on his death; It contains a letter about a concubine that the sultan gave to himself and his mother, and the wish of the sultan to be victorious in the war. Therefore, in this study, the purpose of writing the aforementioned congratulation-name will be emphasized. In this context, the seven-leaf documents of the relevant greeting-name will be transcribed and analyzed.

Social conditionality of criminalization of acceptance of an offer, promise or receipt of illegal benefit by an official person

For a long time, corruption has remained one of Ukraine's biggest and most pressing problems and has been a topic of constant debate and debate for both the Ukrainian and international communities.Bribery, or the new version of the concept of "illegal gain" can be unequivocally attributed to the oldest forms of corruption, the origins of which are the traditions of giving material goods, which are intended to encourage action or inaction, providing a certain type of service or refusal to provide such services, which were formed in ancient times.To outline the main directions of overcoming corruption, our state has ratified a number of international legal acts and received recommendations from international organizations (Group of States against Corruption (GRECO), Organization for Economic Co-operation and Development (OECD, etc.). criminal liability for a special entity, as well as the establishment of criminal liability not only for obtaining illegal benefits, but also for accepting his proposal or promise, which is considered complete at the beginning of a socially dangerous act.The situation with the perception of corruption in Ukraine has significantly deteriorated. According to the Corruption Perceptions Index (CPI) published in 2021, Ukraine has downgraded from 33 to 32 points over the year. The index is rated from 0 (very high level of corruption) to 100 (extremely low level of corruption). It is published annually by the international anti-corruption organization Transparency International (TI).Thus, Ukraine took 122nd place in the ranking for 2021, which it shared with the African Esvatini (Swaziland). It should be noted that last year our country ranked 117th in the ranking, which represents 180 countries. [1].St. 368 of the current Criminal Code of Ukraine (hereinafter - the Criminal Code), at the time of its adoption, included liability for "bribery", and now - for "accepting an offer, promise or receiving an improper benefit by an official", is one of the articles in Chapter XVIII of the Special part of the Criminal Code of Ukraine, which has been repeatedly presented in different editions. On the example of this article of the Criminal Code of Ukraine, it is clear that the situation with the update of anti-corruption legislation is not yet based on such components of quality lawmaking as scientific knowledge, legal culture and legislative technique.Preventing and combating corruption is one of the most pressing issues in the process of reforming Ukraine. Undoubtedly, corruption is a negative phenomenon that requires strengthening the role of the state in combating it.The imperfection of the legal framework, which makes it possible to feel impunity, leads to the fact that at various levels of officials who are obliged to ensure compliance with the law - often personally commit criminal offenses, thus leveling the legislation of Ukraine. The dynamic development of the above offenses is steadily increasing.Significant damage to the organization and activities of the state apparatus is caused by the corrupt attitude of an official to the performance of his official duties. Being endowed with a significant amount of rights and functions, often disposing of significant material values, benefits and powers, officials by their abuse cause not only significant material but also moral damage, which is manifested in the discrediting of the state apparatus.At present, material values in our society have become more important and significant than moral ones.In this article it is offered to consider necessity of criminalization of acceptance of the offer, promise or reception of illegal benefit by the official, «social conditionality of criminalization of acceptance of the offer, promise or reception of illegal benefit by the official, the analysis of degree of public danger effective mechanisms proposed and created by the state, which are aimed at preventing the commission of corruption offenses in Ukraine.The purpose of the article is to summarize the results of research on the existence of reasonable social preconditions and legal grounds for criminalization of a criminal offense - acceptance of an offer, promise or illegal benefit of an official and formulation of personal, author's position on the expediency of criminal law. St. 368 of the Criminal Code of Ukraine - acceptance of an offer, promise or receipt of illegal benefit by an official.

Cо-perpetrators of torture: national and convention definition framework

The article is prepared in continuation of development of author's dissertation researches. The paper reveals the peculiarities of objective and subjective features of cо-perpetration in torture (both on the basis of the provisions of the Criminal Code of Ukraine, and taking into account the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. When interpreting national criminal law norms in the light of convention provisions, the requirements of two-frame criminal law research are met. The authors' positions are supported by message from human rights organizations, decisions of the European Court of Human Rights, and theoretical modeling. The article contains the following conclusions. A co-perpetrator of torture may commit this criminal offense by his or her own actions or omissions, use another person as a “means” of committing a criminal offense, or delegate the commission of a criminal offense to another person. A co-perpetrator of torture may join in committing torture at any stage of the commission of this criminal offense. If, under the circumstances of complicity in torture, a public official or other person acting in an official capacity direct torture, he or she is the perpetrator (co-perpetrator) of the offense. If, in complicity in torture, a public official or other person acting in an official capacity creates the conditions for committing the offense, he or she should be recognized as the organizer, instigator or accomplice of the torture (depending on the role he or she has played). If, in complicity in torture, a public official or other person acting in an official capacity doesn't interfere of torture, he or she is the accomplice to torture. Not preventing torture should not be confused with the mental violence that can be used to torture. Article 1 of the 1984 Convention also covers cases of involvement in the torture of public official or other person acting in an official capacity.

Business etiquette: basic principles and sociocultural aspects

Compliance with the service label implies mutual support and assistance, politeness and commitment to business. So, you should not be late for meetings, transfer some of your tasks to colleagues, forget about the promises made. Thus, the rules of service etiquette are elementary and simple. They are known to everyone, and their observance contributes to the improvement of relations in the collective, work efficiency and personal success of each employee. Modern Etiquette and office etiquette in public institutions are oriented towards a unique model of behavior, in form and content, of official persons and their employees. Therefore, a benevolent attitude to people should be aesthetically conceived, since any intention to act refined and Noble, in terms of the form of exteriorization, can be ugly and ridiculous, or even lose its noble and moral significance.

Contemporary issues of enforcement process in Ukraine: domestic and international aspects

This article is devoted to the particularities of enforcement process theory and the analysis of international acts and national legislation that govern coercive enforcement of decisions of courts and other bodies (official persons) with a foreign element. The place of international enforcement procedure within the legal system is analysed together with its interconnection with the other branches of law, in particular with private international law, international civil procedure and enforcement procedure. It is suggested that international enforcement procedure should be recognised as a sub-branch of enforcement procedure. The sources of international enforcement procedure were characterised as well, in particular: Global enforcement code, bilateral and multilateral international agreements, European Court of Human Rights case law, Ukrainian court case law, etc.

Features of the subject matter of crimes in the sphere of official activity

The article is sanctified to realization of criminal law analysis of individual issues, in particular: the concept of an official as a subject of a crime; categories (types) of officials; legislative definition of government representatives, interpretation of organizational and administrative and administrative and economic functions (responsibilities); definition of the content of the concept of “subordination”, etc. as circumstances subject to further proof.In the article the argued elucidations are given in relation to that, or there were deputies of Head of Administration of President of Ukraine in a period from 22.07.2014 for by 11.05.2019 official persons in understanding a century 18, century 364 or century 367 the Criminal code of Ukraine. Administration of President of Ukraine is an auxiliary, constantly operating body that is created by President of Ukraine on the basis of the article of a 106 Constitution of Ukraine. Thus, Administration does not make decision, obligatory for other subjects, does not carry out state imperious administrative functions, and it is not had to jurisdiction that spreads to certain territory, but thus is not a public organ in understanding of Law of Ukraine «About prevention of corruption». In according to the position of the Supreme Court, the Deputy Head of the Administration of the President of Ukraine is not an official of a state body. The position of the Deputy Head of the Administration of the President of Ukraine also does not belong to any of the categories of civil service positions defined by Article 6 of the Law of Ukraine «On Civil Service». The foregoing allows us to conclude that the Deputy Heads of the Presidential Administration of Ukraine in the period from 07.22.2014 to 05.11.2019 were employees of a permanent subsidiary body formed by the President of Ukraine with consultative and advisory functions. And they also did not perform organizational and administrative or administrative functions, and therefore were not officials in the understanding of Articles 18, 364, 367 of the Criminal Code of Ukraine. Key words: the subject of the crime, executive, government representative, organizational and administrative and administrative functions (responsibilities).

Historical and legal aspects of certification of powers of attorney that equal to notarial by public individuals and official persons of health care establishments of Ukraine

The peculiarities of certification of powers of attorney that equal to notarial by public individuals and official persons of health care establishments of Ukraine are considered In the article the analysis of normative acts, regulating the procedure for testamentation and certification of powers of attorney that equal to notarial, including by authorized individual officials and official persons of healthcare care establishments, is made. The concept of powers of attorney is investigated and their classification is carried out. The author states that public individuals and official persons of health care establishments of Ukraine who certify the powers of attorney that equal to notarial, are not entitled to certify powers of attorney in their name and on behalf of their name, as well as in the name of and on behalf of his wife or her husband. Specified public individuals, official persons have also no right to perform powers of attorney in the name of their sons and daughters, mother, father, grandchildren, grandfather, grandmother, including their brothers or sisters. Analyzing the issue of the certification of the power of attorney to make a donation contract on behalf of the patient, the author emphasizes the necessity to indicate the name of donee. While certifying the powers of attorney public individuals, official persons of health care establishments of Ukraine, listed in Article 40 of the Law of Ukraine "On Notariate", should strictly adhere to the norms of the current legislation, in particular the norms of the Civil Code of Ukraine, the Land Code of Ukraine, the Law of Ukraine "On Notariate", the Procedure of certifying wills and powers of attorney that equal to notarial, as well as other normative and legal acts. The author pays special attention to the content of powers of attorney. The procedure for termination and cancellation of a notarized power of attorney is examined.

A szociális munkások munkahelyi biztonságáról, a kockázatokról és a szakma identitáskríziséről

Ezt az írást már évek óta igyekszem befejezni. Akkor kezdtem, amikor 2018 nyarán egy, a devizahitel nem fizetése miatt kilakoltatás előtt álló háromgyermekes családapa meggyilkolta egyik kollégánkat, az egyetlen embert, aki a kilátástalan helyzetben megpróbált tenni valamit érte. Kezdetben a szociális munkások munkahelyi biztonságáról, és annak erősítési lehetőségeiről akartam írni. Meghívtak egy szakértői bizottságba, amelynek az lenne a célja, hogy ajánlásokat dolgozzon ki e tárgyban. A szakértői vélemény írása közben, mint rendes szociális munkás, igyekeztem átgondolni, hogy milyen kockázatok fenyegetik kollégáinkat a mindennapi munkában. Ekkor viszont azt is át kellett gondolnom, hogy mit tehetünk, vagy egyáltalában ki és mit tehet e kockázatok orvoslásért vagy legalább kontroll alatt tartásáért. Arra is rájöttem, hogy mennyit ér egy intervenció, ami nem érinti a legsúlyosabb kockázatokat, csak ajánlásokat fogalmaz meg a kollégáknak, hogy mit tegyenek, ha például a gyermekétől megfosztott apa baltát lóbálva jelenik meg az irodában. Ráadásul az intervencióknak is van ára. Milyen is lehet az a szociális segítő munka, amiben nincsenek intim tanácsadó szobák, van viszont őrző-védő személyzet, pánikgomb, paprika spray, “hivatalos személy!” felirat, és így tovább. Továbbá részt vettem abban a szakértői csoportban, aminek első jelentése egy súlyos műhiba ügyről ugyanebben a számban jelenik meg. És ezután jött a koronavírus-járvány. Most pedig befejeztem a tanulmányt, ami tulajdonképpen a hivatásunk válságáról és a lehetséges teendőkről szól.

Особливості посвідчення довіреностей, прирівнюваних до нотаріально посвідчених, посадовими та службовими особами закладів охорони здоров’я України

Особливості посвідчення довіреностей, прирівнюваних до нотаріально посвідчених, посадовими та службовими особами закладів охорони здоров’я України

Internalisasi Nilai-Nilai Al-Maa’un ( الماعون ) Dalam Kerangka Pengembangan Kelembagaan Muhammadiyah Di Era Digital: Studi Tentang Pelayanan Jasa Berbasis Digitalisasi Pada Lembaga Amil Zakat Infaq dan Shadaqah Muhammadiyah (LAZISMU) Kabupaten Pameka

Al-Maa’un (الماعون) is the small part of organization Muhammadiyah dedication movement as the theological source reference to apply the holy Al-Qur’an values. The contextual Al-Maa’un (الماعون) values can be known by individual person of Amil (official person who collect the tithe) at Amil Zakat Infaq Institute and Muhammadiyah Shadaqah (LAZISMU) Pamekasan Regency with action or application form by the internal values of Al-Maun (الماعون) as the theological source reference to apply the holy Al-Qur’an values. The internal values of Al-Maun (الماعون) is manifested by proces of social construction of Amil at Amil Zakat Infaq Institute and Muhammadiyah Shadaqah (LAZISMU) Pamekasan Regency by three dialectical cases simultaneuosly containing of the external,the objectivity and the internal. The actions or applications is as the new identities for the Amil at Amil Zakat Infaq Institute and Muhammadiyah Shadaqah (LAZISMU) Pamekasan Regency in designing of Muhammadiyah institute management at digital period. 
 Keywords:The Internal, Values of Al-Maa’un (الماعون), The Institution Development Muhammadiyah, The Meritoriuos Serve by Digital Form,The Amil Zakat Infaq Institute and Muhammadiyah Shadaqah (LAZISMU) Pamekasan Regency

Political issues in contemporary art of Ukraine

At the beginning of the XXI century Ukrainian art observed activization of the artist’s interest for the political life of the country. The starting point was 2004, marked by protests against unfair elections in the country, the birth of the first “Maidan” and “Orange revolution”. In a number of artistic actions organized by art groups we can see the reflection of the revolution events and, later, the frustrations of its ideals. The most striking manifestation of political issues in contemporary art in Ukraine was the great creativity following the second “Maidan” (2013). In this spontaneous Performance everyone plays a role: the participants are the protesters, official persons, fighters of “Berkut” and interior force troops, journalists and others. Protesters’ tents, barricades, a statue of Lenin and “Maidan” itself (or Independence Square) as a place of free will and creativity became the Symbols of the “Maidan” and its own art objects.

Hardworking women: representations of lone mothers in the Swedish daily press

ABSTRACT Lone mothers are a diverse group but it has been argued in the previous research that they tend to be homogenised. This article explores representations of single mothers in Swedish newspapers. Material from the two largest morning papers and the two largest tabloids was collected from the years 2015–2017. The results of the study suggest that although the newspaper representations do not fully reflect the diversity of social realities, there are indeed varying images of lone mothers in the sample. A recurring representation is as a comparatively poor and hardworking—even heroic—woman, who in political argumentation is referred to as someone in need of societal support and policy reforms. A less frequent representation, that often occurs in lengthy, in-depth pieces, is the affluent official person who despite her prosperity struggles with combining single (good) motherhood with her career, or the middle-class woman who becomes a lone mother via assisted reproductive technologies. Teenage motherhood (i.e., age), race/ethnicity, sexuality, and welfare dependence are seldom, if at all, alluded to. There is no vilification or condemnation of the lone mother, as has been found in research on other national contexts.

PHISHSTORM: Detection Mechanism for Finding the Phishing and Legitimate Websites by Implementing the Search Engine

This paper proposes software for detecting the phishing and legitimate websites. In that software, we build and explain the mechanism behind the detection of the phishing and legitimate websites. Phishing is defined as a fraudulent attempt, used to obtain confidential information through which an attacker emulates an actual person or institution by disguising them as an official person or entity through e-mail or other communication mediums. We created this project to safeguard the users from the phishing websites so that they won’t lose their personal details like usernames, passwords and credit card details. Here, we combined Storm in the architecture, thereby detecting the phishing and legitimate URL’s manually. A bloomfilter is a space-efficient data structure used to test the element either present in the set or may not be in the set. The simulation is carried out in the search engine, entering the search word, viewing the phishing and legitimate websites, downloading the files, give feedback about the websites and transformation is done wherever it is needed.

Načelo traženja materijalne istine i upravni postupak

Nakon konstatacije da su procesna načela kao opća pravna pravila činitelj jedinstva općih i posebnih upravnoprocesnih propisa te djelomičnog jedinstva sudskih i upravnog postupka, autor u radu zastupa stajalište da je načelo traženja materijalne istine znanstveno opravdano i prihvatljivo, ali ne u smislu klasične filozofske teorije istine, tzv. teorije korespondencije kao „potpune suglasnosti subjektivne spoznaje s objektivnom stvarnošću“, nego kao konstrukcija pravne teorije u značenju metode ili načina prikupljanja procesne građe i utvrđivanja činjeničnog stanja koje se shvaća kao činjenično stanje na kojem je legitimno utemeljiti odluku procesnog tijela. Rad sadržava definiciju načela traženja materijalne istine, obradu najvažnijih pravila našega upravnoga procesnog prava kojima je to načelo utemeljeno te pravila kojima je ono ograničeno. Slijedi razmatranje načela traženja materijalne istine u parničnom postupku te usporedba toga koliko to načelo vrijedi u upravnom postupku i parničnom postupku.