Public Administration Authorities Research Articles

Considerations Regarding the Role of Fortification Infrastructure Used for General Protection of the Romanian Armed Forces, Public Administration Authorities and Civil Population During Crisis Situations

Abstract The physiognomy of the combined operations recorded essential changes at the beginning of the 21st century, due to the impact of the scientific and technical revolution in the military field, materialized in the production of new generation’s weapons with particularly destructive characteristics (Vladu & Popa, 2016). The emergence of new advanced capabilities for conducting air operations, as well as the use of military robots and intelligent ammunitions in joint operations led to the implementation of the “lightning success” concept by the forces of modern armies. In this respect, we consider that a particularly important role in achieving “lightning success”, by the forces of the modern armies, is played by the main characteristics of adversary general protection system, particularly by the weaknesses of the fortification system which have not been able to provide optimal conditions for protection for the command and control systems, fighting and supporting forces, as well as for public administration authorities and the civilian population.

Juridical Aspects Regarding the Exceptional Measures Imposed during the State of Emergency

Abstract According to art. 20 of the Emergency Ordinance no. 1/1999 of the Romanian Government, the state of emergency imposes “non-military measures of public order and it is instituted in case of special threats to the national security or to the functioning of the constitutional democracy, as well as in the case of different disasters”. The requirement to implement economic, social or political measures in the case of the state of emergency is directly dependent on the progressive nature of the danger. During the state of emergency, the exercise of fundamental rights and freedoms may be restricted and important responsibilities of the public administration authorities are subordinated to the competence of the public order authorities, specified in the decree establishing the state of emergency. The spread of the SARS-CoV2 coronavirus, in the international context of the declaration of the pandemic by the World Health Organization, led to the adoption by the Decree of the President of Romania no. 195 of March 16, 2020 on the establishment of the state of emergency on the territory of Romania, which had important consequences in terms of restriction on the exercise of fundamental rights and freedoms.

Provocările limbajului în Codul administrativ

Recently entered into force, the administrative code was adopted with the stated purpose of unifying the regulations in the field of public administration, in order to create a normative framework, coming to the aid of individuals, public administration, but also of practitioners. In this respect, a significant part of the provisions were taken identically from the normative acts that were repealed, while there are also new provisions, some of them leaving, unfortunately, the impression of a code adopted in haste. Without claiming a thorough analysis of the entire regulation, the present study aims to address some of the challenges brought by the language used in OUG: 57/2019. Between the two extremes among which the legislator oscillates (either an incomplete or ambiguous language, or an over-regulation), the most relevant problem, in terms of the consequences that it can produce, probably consists in using already legally established notions, with a totally different meaning (such as, for example, the question of competence - exclusive, delegated or shared, or of the capacity or legal personality of public authorities). In addition to altering some already established rules or legal institutions, the code identifies in some places an unnecessary duplication of terms or the use of phrases that can completely change the meaning envisaged by the legislator; furthermore, the new normative act remains in debt (if it does not complicate matters even more) to clarify some problems previously identified by the scholars and the judicial practice (such as, of course, the role of the secretary in assessing the legality of the acts of the local public administration authorities or the majority necessary regarding the decisions related to the patrimony of the administrative-territorial unit).

Evolution of the mechanism of state regulation of Soviet foreign policy propaganda in print media (1917-1963)

This article examines evolution of the mechanism of state regulation of Soviet foreign policy propaganda in print media in the period from 1917 to 1963. The goal consists in studying the process of key structural and normative legal changes within the mechanism of state regulation of Soviet foreign policy propaganda in print media, as well as in highlighting the characteristic features of main stages in evolution of the mechanism of state regulation. The subject of this research is the analysis of party and government documents that regulate the activity of propaganda agencies and foreign policy agenda in print media, based on which an attempt is made to determine the primary trends in regulation of foreign policy propaganda in press. The object of this research is the structural changes in public administration with regards to foreign policy propaganda. Special attention is given to the administrative aspect and normative legal base, which are the framework for functionality of the apparatus of Soviet propaganda. The author determines the key stages in formation of foreign policy propaganda in print media, and concludes that the XX Congress of the Communist Party of the Soviet Union marks the establishment of holistic structure of foreign policy propaganda, as well as the emergence of new party and government branches of cultural-ideological impact on the Western countries. The scientific novelty lies in an attempt of comprehensive examination of the process of amending the basic normative legal documents that regulate the activity of public administration authorities in the area of foreign policy propaganda in print media over the period from 1917 to 1963. Based on these structural and normative legal changes, the author characterizes the stages of evolution of the mechanism of state regulation of this sphere.

Administrative financial penalty in proceedings before the Commission for Issues of Warsaw Real Estate Reprivatisation

An administrative financial penalty constitutes an instrument of the regulatory response to unlawful acts. It is a special financial measure aimed at motivating entities to perform timely and properly obligations towards the State. A special kind of administrative financial penalty is sanction determined in Article 31a of the Act on the Commission, being the response to the infringement of statutory obligations. The administrative financial penalty normatively specified in Article 31a of the Act on the Commission constitutes a punishment of financial nature imposed by a public administration authority in administrative proceedings, expressing the legislator’s response to addressees’ unlawful acts consisting in hindering significantly or oppressively the use of premises in Warsaw real estate, meeting criteria of an administrative tort.

ADMINISTRATIVE AND CIVIL LEGAL REGULATION OF PUBLIC ADMINISTRATION BODIES' ACTIVITY IN THE SPHERE OF ELECTRONIC MONEY TURNOVER TAKING INTO ACCOUNT PUBLICITY AND TRANSPARENCY PRINCIPLES

ADMINISTRATIVE AND CIVIL LEGAL REGULATION OF PUBLIC ADMINISTRATION BODIES' ACTIVITY IN THE SPHERE OF ELECTRONIC MONEY TURNOVER TAKING INTO ACCOUNT PUBLICITY AND TRANSPARENCY PRINCIPLES

Regulation of Administrative Fines in the Polish Code of Administrative Procedure

This article presents the problems of administrative fines in the Code of Administrative Procedure. These solutions were introduced to this act in 2017. The amendment to the Code of Administrative Procedure provided for the introduction of a new section (Section VIa), the provisions of which lay down the rules for imposing administrative penalties, ie penalties, cases justifying waiving the imposition of a penalty and granting the public administration authority the prescription, limitation of the imposition and enforcement of the penalty, and also the rules of postponement, payment in installments and cancellation of penalties. This article presents only selected issues of the regulation of imposing administrative fines in the Code of Administrative Procedure.

How Has the General Data Protection Regulation Changed the Routine of a Public Authority in Romania?

The changes that have been brought about by the General Data Protection Regulation starting with May 2018 are complex and ambitious. The General Data Protection Regulation is one of the most wide ranging pieces of legislation passed by the EU in recent years, and it introduces many concepts that are yet to be fully discovered in practice, such as the right to be forgotten, data portability and data breach notification. This paper intends to analyze the main obligations that public bodies, particularly, have after the GDPR has entered into force, and to evaluate the impact this legislative act has on the routine activities carried out by public authorities in Romania. To reach our goal, we will make reference to the obligations that are specific to public administration authorities as well as to those that public bodies are exempted from. We will also analyze the national legislative measures adopted in Romania after GDPR started to be in force, and the degree to which these have particularized the way public bodies are allowed and obliged to process personal data in Romania.

Ewolucja władzy rodzicielskiej ze szczególnym uwzględnieniem instytucji pieczy naprzemiennej (joint physical custody)

The article is intended to determine the legal character and substance of joint physical custody in Polish family law, with a special focus on American experiences with joint custody. To this date, the institution of joint physical custody has not been regulated expressis verbis in Polish family law. However, current provisions do not preclude de lege lata such a manner of exercising parental authority. The term joint physical custody, although not mentioned in the text of the Family and Guardianship Code, does appear in the text of the State Aid for Child Support Act, but without a definition or any specification. Furthermore, provisions of the Code of Civil Procedure make reference to a judgment, in which the court deemed that the child would reside with each of the parents over recurring periods of time. It is appropriate to presume that these provisions, introduced by the Act of 25 June 2015, are intended to apply to joint physical custody, although it should be stressed that the term in question is not used in the provisions of the Code of Civil Procedure, either. Hence, the matter in question is surrounded by considerable legal uncertainty, causing citizens to be treated differently by courts and public administration authorities. The above-mentioned general objective were achieved through method of analysis of the content of Article 58 § 1 and Article 107 § 1 of the Family and Guardianship Code, as well as method of conceptual analysis - analysis of the following concepts: ,,joint physical custody” and ,,alternating parental authority”. Furthermore, it has been explained why a concept of ,,joint physical custody” is better than ,,joint physical care”. In the article, the standard of the ,,best interest of the child” (which is an American equivalent of the ,,child welfare”) was discussed. This standard is not easy as it might seem. In this context, there has been intense discussion in case law and legal literature on implementation of two heuristics: ,,tender years presumption” and ,,primary care-taker preference”. Based on American legal literature, the following types of joint physical custody have been discussed: long-term block time, alternating short-term block time, birdnest and free access. Furthermore, most popular in the United States joint physical custody schedules were collected and collated. An analysis of the selected American case-law was dedicated to ascertain that institution of joint physical custody is not uniform and may cause problems in the courts. This problem was also dealt with in the context of approximation standard, otherwise known as past caretaking standard. The main research hypothesis is as follows: joint custody does not denote only symmetrical child care arrangements, and its correct application by courts is contingent upon courts taking into account a number of individual factors.

Błąd w klauzuli ostateczności

The subject matter of the article is the finality clause of an administrative decision, precisely the situation where an error occurs in this clause at the date of finalisation. The form of the finality clause, although commonly used in the practice of public administration authorities, is not regulated in the Code of Administrative Procedure. It is classified in case law and literature as a substantive and technical activity, a type of certificate and on this basis the provisions of Chapter VII of the Code of Administrative Procedure concerning certificates apply to it accordingly. As an official document it benefits from the presumption that there are circumstances that allow to consider the decision as final. If there is an error at the date of the finality, then, in principle, the party that has complied with it should not suffer any negative legal consequences as a result of the authority’s action, since it acts in confidence in public administration authorities.

Державне управління у сфері пожежної безпеки Японії: досвід для України

Abstract. The article examines the experience of public administration in the field of fire safety and the elimination of the consequences of natural and man-made emergencies in Japan. The author analyses the structure of public administration in a certain sphere, describes the hierarchical model of the construction of public administration in the area under consideration, describes in detail each of the hierarchical levels of the system. In doing so, the author presents the functions, responsibilities and tasks performed by each of the elements of the system of fire safety and the elimination of the consequences of natural and man-made disasters in Japan. The article discusses the regulatory framework for the activities of the relevant services and agencies established in Japan to prevent the occurrence of fires and their elimination, and to reduce the negative consequences of disasters caused by natural factors, the chances of which, according to the author are very high in Japan due to its geographical location. The author gives statistics on the number of fires, losses from them and the number of deaths in Japan over a period of time since 1992. At the same time, the author has made a statistical analysis of the given data array, which resulted in obtaining regression equations for approximating dependencies for the number of fires and deaths in those fires for the ten-year period from 2007 to 2016, which, according to the author, reflect the presence of a steady downward trend. At the same time, the author calculated the determination coefficient and described his essence and value for use in public administration. According to the author the steady tendency to reduce the number of fires and deaths is a consequence of Japan's reform of public administration in the field of fire safety, as well as the consistency, internal consistency and consistency of the legal framework governing the relevant public services as well as private companies in Japan. The author uses the method of historical parallelism when considering public administration in the field of fire safety in Japan, the USSR and, in particular, the Ukrainian SSR (before 1991) and Ukraine, after gaining independence. The article emphasizes particular importance to those parallels in reforming the system of local self-government that is being conducted in Ukraine today and the positive experience already existing in the work of the municipalities of Japan regarding the provision of fire safety and response to the various environmental challenges that are the source of emergencies of different origin. It should be noted that in spite of all the efforts of public administration and local authorities in Japan, aimed primarily at the organization of preventive measures to prevent the fires, in the said country, there are still quite large fires, but the conclusions made by the relevant state institutions, in order to prevent such a repetition in the future, are reflected almost immediately in the methodological recommendations, and the change in regulatory and regulatory regulation of some economic entities. This conclusion is achieved by the author applying case-study method of analysis of large-scale fires that have arisen in Japan in the last few years. The data obtained from the article indicated that the experience of organizing the Japanese fire service at the municipal level is appropriate and time-consuming in the conditions of decentralization and deconcentration of power in Ukraine. But at the same time the author cautions against the danger of loss of control and an increase in entropy in the process of reforming non- pockets of local self-government institutions. The author concludes that in public administration in the field of fire safety in Ukraine there are a number of unresolved problems regarding the construction of an effective security system for the protection of personality, society and the state from the current challenges associated with the emergence of fires and emergencies. In conclusion, the author focuses his research on the practical application of Japanese experience in the reform of local self-government bodies in Ukraine, as well as provides specific methodological recommendations for public administration and local government bodies regarding the implementation of the reform of the State Service of Ukraine for Emergency Situations.

Willingness to Pay as an Index of Direct Taxation for Restoration of Seaside Environment

Thermaic, Pagasetic and Saronic gulfs which surround the regional units of Thessaloniki, Magnesia and Attica respectively, do suffer from heavy pollution. In order to examine to what extend citizens of Thessaloniki, Volos and Piraeus were willing to pay (WTP) for restoration operations in their cities, questionnaires were given out. 240 individuals were interviewed, 80 people from each city were chosen to serve as a random sample and provide. The answers to various questions statistics show that volunteers in Volos are willing to pay more for the environmental recovery of the gulf, while respondents in Thessaloniki are willing to pay the least amount for the environmental restoration. Considering the results of this empirical analysis, it is safe to conclude that the respondents of the regional area of Thessaloniki would pay more money for the restoration of the gulf. At the same time they believe the protection of the sea is a significant issue. Respondents in close proximity to the sea declare that they would pay higher to restore it. It is also important to note that there are different parameters that affect the willingness of respondents to pay in each case. The above study, which has been conducted in three different areas of Greece aims to be part of a larger environmental protection plan and will hopefully be supported by every citizen, the Public Administration and Local Authorities.

Considerations Regarding the New Legislative Modifications and Amendments in the Matter of Civil Status Acts

This paper aims at signaling the future legislative modifications and amendments in the matter of civil status acts, still at under discussions in the Bill for the modification and completion of Law no. 119/1996 regarding civil status acts, republished , as well as for the abrogation of the Government Ordinance no. 41/2003 pertaining to the administrative modification and assignment of individuals’ names . The Bill has been subject to public debate and later approved by the Superior Council of the Magistracy.The new normative act aims at creating the legal framework for the implementation of the project regarding the creation of the Integrated Computer System for the Issue of Civil Status Acts (SIIEASC), carried out by the Ministry of Internal Affairs, which will establish the electronic form for drawing up civil status acts, while ensuring the required computer network at a national level. The purpose of the new regulations is to harmonize the Romanian legislation in the field with the European legislation, given that Romania’s adhesion to the European Union in 2007 implicitly triggered an increase of the international private law legal relationships. The bill aims at decentralizing certain activities by the transfer of attributions from the competence of public central administration to the competence of local public administration authorities, which will result in a decrease of the time required to settle a petition regarding civil status acts. Furthermore, the new law will also include the provisions of Government Ordinance no. 41/2003 for the administrative assignment and change of individuals’ names, a normative act that it will also abrogate. To this purpose, the bill stipulates a simpler procedure for changing a name and, at the same time, a shorter time for this endeavor and, with regards to the first name, parents won’t be allowed to register more than three first names for their children.

Regulating Off-Road: The California Desert and Collaborative Environmentalism

Historians often understand the 1970s and 1980s in terms of a declining New Deal order, in which an antistatist right as well as a conflicted relationship between public interest movements and administrative authorities undermined the notion of an effective federal government. Nowhere was the erosion of federal administration seemingly more apparent than in the West. An examination of the regulation of off-road racing in the California desert, focusing on everyday administration rather than on elections and lawsuits, reveals how federal agencies actually worked more collaboratively and productively with different interest groups than familiar narratives about these polarized decades would suggest. Contrary to depictions of federal agencies as administrating from afar, and of environmental organizations as overly litigious and out of touch, regulatory work in the California desert happened locally and through relationships shaped by new laws such as the National Environmental Policy Act.

Administrative Appeal as an Out-Of-Court Procedure for the Protection of the Rights of Individuals and Legal Entities

In administrative law, there are two major ways of contesting allegedly unlawful decisions/acts: the administrative appeal and the judicial review (court action). While the administrative appeal is an attempt to solve the dispute at administrative level, the judicial review is an adversarial proceeding by which an individual transfers the conflict with a public authority to the (administrative) courts. In principle, the administrative appeal and the judicial review are independent, and the rules for their exercise normally do not interfere with one another. One of the forms of legal protection of a person in relations with public administration authorities is the institution of administrative appeal, the purpose of which is to fully and timely prevent and eliminate any violations of law and discipline in the activities of public authority. It ensures the active and proactive participation of citizens in the protection of their rights in administrative manner. The right to administrative appeal of decisions, actions or inactivity of authority directly to them or to administrative bodies, which are higher in the system of hierarchical subordination, is an important and necessary mechanism for pre-trial settlement of a dispute between a citizen and the relevant authority. The resolution of such disputes within the framework of administrative appeal provides an opportunity for business entities, individual citizens to protect their interests, identify shortcomings in the work of public authorities and promptly eliminate them, save time and effort, bypassing the judicial form of protection.

УДОСКОНАЛЕННЯ ДОБРОГО ВРЯДУВАННЯ НА ЦІННОСТЯХ І ЗАСАДАХ БІОЕТИКИ В КОНТЕКСТІ ПУБЛІЧНОГО УПРАВЛІННЯ

УДОСКОНАЛЕННЯ ДОБРОГО ВРЯДУВАННЯ НА ЦІННОСТЯХ І ЗАСАДАХ БІОЕТИКИ В КОНТЕКСТІ ПУБЛІЧНОГО УПРАВЛІННЯ

Wielopostaciowość form działania administracji publicznej na przykładzie wymogu implementacji dyrektywy Parlamentu Europejskiego i Rady (UE) 2016/1148 z dnia 6 lipca 2016 r. w sprawie środków na rzecz wysokiego wspólnego poziomu bezpieczeństwa sieci i sys

The article describes numerous forms of actions of public administration authorities, characteristic of the execution of requirements stemming from Directive (EU) 2016/1148 of the European Parliament and the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union. In particular, it addresses the issues, such as: identifying operators of essential services, dealing with computer security incidents, control activities, restitutive measures and punitive measures. It has been demonstrated that, as regards cybersecurity, from the perspective of the requirements of effective implementation of the NIS Directive and good governance assumptions, it is appropriate to adopt hybrid forms of actions of administration authorities, based both on classic sovereign forms of actions of administration authorities (administrative decisions issued in cases regarding the recognition of an operator of an essential service, in cases concerning administrative pecuniary sanctions), as well as on other forms of actions (related to the exchange of information, issuance of recommendations, use of notices or providing technical support).

Przekazywanie informacji o zagrożeniach jako przykład czynności faktycznych podejmowanych na etapie reagowania w sytuacjach kryzysowych – aspekty prawne

The paper refers to providing information about the dangers connected with crisis management. Crisis management is the activity of public administration authorities, which constitutes an element of managing the national security management system and essentially consists of: preventing crisis situations, preparing to take control over them by way of planned activities, responding in case of emergencies, removing their effects and reconstructing resources and critical infrastructure. In the first part, the stages of public administration authorities’ proceedings in crisis management are presented. This part also discusses the regulations incorporating the ways to devolve information in emergencies contained in crisis management plans. The second part of the work applies to the evolution of factual activities as legal forms of public administration activities with reference to operations consisting in informing society in case of emergencies occurring.

Stosowanie prywatnej infrastruktury teleinformatycznej służącej do rozwoju elektronicznej administracji

The use of private ICT infrastructure ensures an optimal development of the e-government. The provision uses two mechanisms for this purpose: the privatization of public tasks and the use of this infrastructure by public administration authorities.

MANAGEMENT (ADMINISTRATIVE) ACTIVITY OF THE CONTROLLING AUTHORITIES IN THE AREA OF TAXATION: ESSENCE AND TYPES

The innovation of conceptual provisions of the administrative law doctrine that are based on the priority of rights, freedoms, legitimate interests of an individual, service orientation of the public administration authorities’ performance affects the essence of the controlling authorities’ management (administrative) activity in the area of taxation and requires its fundamental upgrade. Drafting of theoretical provisions as to the essence and the types of the controlling authorities’ management (administrative) activity in the area of taxation should be based on a profound theoretical and legal analysis of the existing concepts and doctrines and their comparison with the current developments in the public administration authorities’ performance that carry out similar activities. In addition, it’s reasonable to highlight the issues of legal regulation of the relations with respect to the controlling authorities’ management (administrative) activity carried out in the area of taxation. The research objective is to substantiate the theoretical background of the controlling authorities’ management (administrative) activity in the area of taxation set out in the form of a list of the substantive characteristics of such activity, the provisions that reflect its peculiarities, as well as the systematization of the lines and types of such activity. The object of the research is the social relations of a public-law nature, related to the activities of the controlling authorities in the area of taxation. The contemporary concepts and doctrines developed by the scientists through critical thinking constitute the theoretical basis of the scientific analysis. This article explores the scientific papers related to the issues of public administration, administrative law, and administrative activity. System-based approach constitutes the methodology of the scientific analysis which made it possible to single out the elements of the administrative activity system, to reveal their content and to take into account their specific features when determining the nature of the controlling authorities’ management (administrative) activity in the area of taxation. The result of this research is the theory that reveals the current essence of the specified activity and its lines. This article places emphasis on the existence of public and service component of the specified activity.