Public Administration Authorities Research Articles

Правовое регулирование полномочий публичной администрации и иных органов публичной власти в сфере обеспечения обороны и безопасности Российской Федерации

The article is devoted to the legal regulation of the activities of public administration and other public authorities in the field of ensuring the defense and security of the Russian Federation. The characteristic features of the functioning of the public administration segment in this area are revealed.

JUDGE-MADE LAW AS AN UNORGANISED SOURCE OF ADMINISTRATIVE LAW

The specific nature of unorganised (extraconstitutional) sources of administrative law is particularly visible against the background of constitutional (organised) sources of law. It does not fit into the rigid positivistic framework established by the Constitution. Rather, it is something separate, and the catalogue of sources of administrative law is broader than that of the constitutional sources of law. One form of law in this catalogue is judge-made law (case law). Contemporary administrative law owes a lot to it. Indeed, it has a significant impact on shaping the rights and obligations of the addressees of administrative law regulations. This, in turn, is the subject matter of the activities undertaken by public administration authorities.

Civic Engagement and Cultural Heritage

In the current global context, the cultural sector faces various challenges related to funding, access, and participation. This paper aims to identify potential pathways for civic initiatives. The purpose of this narrative article is to discuss the role of civic engagement in protecting cultural heritage goods when public authorities fail to do so. The Romanian Law of Preserving Cultural Monuments is central to this discussion. It delineates the responsibilities of both governmental and non-governmental entities in safeguarding the nation's cultural heritage. Thus, the Herculane Project- situated in Băile Herculane (Herculane Baths), initiated by a Romanian non-governmental organization (NGO) offers invaluable lessons on the dynamics between civil society, public administration authorities, and the preservation of cultural monuments. The work presents a qualitative analysis of the mechanisms through which civic engagement has influenced the trajectory of the Herculane Project. It explores how local communities, NGOs, and grassroots movements have mobilized to advocate for the preservation of Băile Herculane's cultural heritage. The conclusion of this paper aims to demonstrate the relevance of contemporary civil societies in preserving cultural heritage goods. It underlines how the best practices employed by the NGO in charge of the Herculane Project can be applied to other cases while considering the dynamics of cultural heritage preservation.

Toolkit for Integrated Assessment of Socio-Economic Development Scale of Urban Agglomerations

The formation of urban agglomerations in the Russian Federation is currently one of the most significant forms of spatial development both at the national and regional levels. The need to strengthen agglomeration processes is dictated by the provision of polarised socio-economic development of different territories of the country. Urban agglomerations in the Russian Federation receive legal status at the federal and regional levels. Institutional support for agglomerations is the development of an appropriate legal framework and financial mechanisms aimed at the infrastructural development of territories, improving the quality of human capital, scientific and technological development, etc. At the same time, recently the public authorities at the federal and regional levels have started to pay attention not only to large and largest urban agglomerations defined in the Strategy for Spatial Development of the Russian Federation, but also to smaller urban agglomerations. A special intensification of institutionalisation of the status of urban agglomerations is observed in the normative legal acts of many constituent entities of the Russian Federation. However, the methodological aspects of formation and development of urban agglomerations in the regions are not elaborated. The analysis of existing theoretical and methodological approaches to the study of agglomeration processes also revealed the lack of methods for analysing the scale of complex socio-economic processes of urban agglomerations. Therefore, the need to form a methodology for assessing the scale of agglomeration development in the regions of the Russian Federation determined the relevance of the study. The aim of the study is to develop an indicator of the scale of socio-economic processes of Russian urban agglomerations. To achieve this aim, the existing methodologies of urban agglomerations research, presented in the approaches of Russian and foreign scientists, were analysed. The analysis allowed us to systematise the existing methodological approaches into two groups: the features of spatial development of agglomerated systems and the characteristics of their economic condition. The advantages and disadvantages of the existing methodologies are presented, on the basis of which a methodological toolkit for the scale of agglomerated systems is developed. The conclusion is made about the possibility of using the proposed indicator by public administration authorities in the development of normative legal acts of strategic planning in the field of spatial and socio-economic development of regions, in scientific and analytical research in the field of regional economy. The methods of content and comparative analysis, mathematical formalisation, expert assessments, modelling, observation and synthesis were used to solve the research problems.

Development and implementation of human resources management policies and strategies in the Romanian public administration

Human activity seen from various perspectives: social, economic, political, administrative is carried out by people organized in collectives, depending on its importance. The administrative approach comes to order the logic of activity in a community entrusted to an authority that carries out planning, organization and control actions, in order to achieve the social mission and the purpose of the establishment and operation of public administration institutions. In this context, we propose a brief, specified approach to the need to streamline the activities of public administration authorities. The problem of human resources management in public administration requires a specified approach to the objectives of streamlining the activities of public administration authorities based on a human resources management strategy, which would contribute to the creation of a professional, transparent, flexible and responsive public function to the needs of society. The policies in the field of public office and civil servants represent a particularly important and always current key issue for ensuring the competitiveness and success of any public institution, even more so of the public administration.

Etyka administracji publicznej a funkcja edukacyjna sądów administracyjnych – glosa częściowo krytyczna do wyroku Naczelnego Sądu Administracyjnego z 15 lipca 2021 r., sygn. akt III OSK 3869/21

This gloss discusses two, at first glance imperceptible, problems that are concentrated in the ruling analyzed. The first of these is the practical application of ethical principles by public administration bodies. In the case being commented on – submitting an application for a school scholarship beyond the statutory deadline – the public administration authorities not only failed to fulfill their obligations related to the fair consideration of the case, but also to provide protection to a family in a difficult life situation. Such protection is guaranteed not only by statutes, including the Code of Administrative Procedure, but also by the Constitution of the Republic of Poland and international agreements binding on Poland. The Supreme Administrative Court’s judgment focused primarily on the analysis of the provisions of the Education System Act, without paying much attention to the above-mentioned problem of standards that should guide public administration. In the author’s opinion, such a way of considering the case, which ignores the broader context of the primary causes of the entire problem, should be considered as a serious omission. In the light of the fundamental role of the courts in protecting the fundamental rights of the individual, as well as the influence of case law on shaping the legal culture of public authorities and society, the duty of the court – especially the court of last instance – is to provide a detailed explanation of all doubts that have arisen in a given case and a comprehensive justification of the reasons for a given decision. The goal that the court should strive for is not only to uphold and promote certain standards or maintain the uniformity of case law, but also to ensure that both the parties and all other recipients of the judgment have no or the least possible doubts as to the correctness of the judgment. All this significantly affects the authority of the judiciary and the trust of citizens in it, and thus to some extent, also their faith in the entire public authority in Poland.

ЗРОСТАННЯ РОЛІ ІНТЕЛЕКТУАЛЬНОГО КАПІТАЛУ В ЦИФРОВІЙ ЕКОНОМІЦІ

The aim of this study is to outline the authors vision regarding the essence and consequences of the impact of processes accompanying the recent industrial revolutions on the intellectual capital of high-tech enterprises. The research is based on the experience of the European Union countries, which are actively adopting the achievements of Industry 5.0. Emphasis is placed on its significant difference from its predecessor, namely: focusing on the ecological consequences of innovative transformations in technologies and the interests of humans – their generators and users. Based on the results of historical analysis of changes in the structure of fixed capital, the conclusion has been drawn regarding the reactive acceleration of technological progress. The third industrial revolution is distinguished from the fourth, and the latter, in turn, from the fifth not by centuries, as previously thought, but by decades. Therefore, there is an obvious need to prepare in advance for new changes in productive forces in the nearest perspective. This is relevant for businesses, educational institutions (especially providers of higher education), for the state, and public administration authorities. In confirmation of this statement, information is provided on the use of the Internet of Things by manufacturing plants of the EU with a staff of 10 persons. A graphical model of industrial intellectual capital is proposed, the structure of which reflects the current transformations of this important economic resource. From it follows the conclusion about its qualitative enrichment that has occurred, the need to prepare for the next update of technologies, forming the ability to meet them without fear for one's own fate, and the desire to resist innovations. The expediency of creating specialized professional teams, regardless of the physical location of their participants, is emphasized. The task facing them is to establish productive discussions on improving the quality of business processes through the exchange of experience, resources, information, and opportunities among people united by common professional interests, generating constructive ideas, supporting their development, and implementation into practice.

General principles of the Code of Administrative Procedure as guidelines for public administration authorities

In general terms, administrative law can be defined as the part of the legal system that regulates the structure and functioning of public administration authorities in specific forms (in terms of the entities concerned and subject matter). With regard to the nature of the functions of public administration authorities, administrative law consists of an orderly set of legal norms, the rationale for which is the direct observance of the values identified by public administration authorities as being in the common interest. The concept of the common interest refers to the axiological foundations of this branch of law, as it aggregates all values specified in the Constitution and statutes for the implementation of which the law is made. By introducing uniform procedures for handling official cases, the administrative procedure ensures the protection of citizens from arbitrariness on the part of public administration authorities. The purpose of this article is to present the general principles of the Code of Administrative Procedure, CAP (PL: Kodeks postępowania administracyjnego, k.p.a.) as a structured catalogue. These principles provide guidance for public administration authorities. An official conducts administrative proceedings to the extent specified by administrative law. In order to properly fulfil their statutory duties, an official should have relevant knowledge of law. Keywords: code of administrative procedure, applicability of general rules, dministrative proceedings, general rules of administrative proceedings

Региональная специфика развития российского рынка труда в долгосрочном периоде

The aim of the study is to identify long-term trends in the Russian labor market and analyze the changes resulting from the emergence of new factors in the external environment as a result of the pandemic, as well as to develop economic policy tools to stabilize the labor market in Russian regions and overcome the negative long-term trends in it. Methodology. The study is built using the method of theoretical analysis as well as the method of comparison. The method of economic analysis is used to study the indicators of the state of the labor market in the regions in 2010–2020, and the graphical method is used to visualize the results. The method of systematization and systematic approach allow for the formation of recommendations for public administration authorities to ensure a balanced development of the labor market. Results. The study revealed the growth of regional labor market tension indicators in 2010–2019, as well as the aggravation of their dynamics in the pandemic year 2020. It was determined that the level of hidden unemployment decreased during the pandemic. We have revealed that the possibilities of online employment partially compensated for the relief of tension in the Russian labor market for the population of the regions of the country. The authors substantiated the expediency of implementing economic, organizational, and institutional measures of public policy to stabilize the situation in the labor market in the regions of Russia and to overcome the emerging contradictions. The results obtained can serve as a methodological basis for the development of regional programs to support employment and prevent unemployment.

Zasada zabudowy planowej jako środek służący realizacji celów państwa autorytarnego na podstawie przepisów ustawy z dnia 12 lipca 1984 roku o planowaniu przestrzennym

The principle of planned spatial development was common in the socialist period. It was both a tool to protect the economic interests of the state, and a legal instrument of the authoritarian state at the time. Its scope and application was general, and as such it resulted a disproportionate restriction of the individual’s ownership rights, far exceeding the needs of public interest. The institutions that applied it, i.e. the state administration authorities, had no democratic legitimacy. The principle of planned spatial development has not connotations with any type of political system, by its very nature. It might as well function as a legal measure in democratic states. In Poland it is currently applied in specific cases. The Swiss legal order assumes general application of this principle by public administration authorities, who have democratic legitimacy.

Glosa do wyroku Trybunału Konstytucyjnego z dnia 30 września 2008 r. (sygn. akt K 44/07)

The commentary approves the position of the Constitutional Tribunal expressed in the judgment of 30 September 2008 (Case K 44/07). The Constitutional Tribunal considered the application submitted by the First President of the Supreme Court, which concerned the scope of freedom of public administration authorities when they make decisions about destruction of a civil aircraft. The Constitutional Tribunal was tasked with adjudicating in this case if art. 122a act of „Prawo lotnicze” [Aviation law] is matched with art. 38, art. 31 ust. 3, art. 2, art. 26 and art. 30 of Constitution of the Republic of Poland. The decision of the judgment states that the provision of art. 122a of „Prawo lotnicze” is incompatible with the constitutional standard of protection of the right to life. Thus, the Constitutional Tribunal annulled the regulation allowing the Polish authorities to order the destruction of a passenger plane, which has been used for illegal activities, including those of a terrorist nature.

Disqualification of en employee of a public administration authority in the European Union Member States

One of the rules contained in the Code of Good Administrative Behavior adopted in 2001 by the European Parliament is the principle of impartiality and independence (Article 8). The presence of this rule, despite its non-binding nature, prompted the author to examine – using the method of comparative law analysis – whether the EU Member States have regulated this issue in their legal systems – and if so, to what extent and how. The basic institution serving the implementation of this principle is the disqualification of an employee of the authority from participation in the proceedings in situations where their impartiality seems to be at risk. Not all EU countries explicitly provide for such an institution. Among the legal systems that contain it, only some regulate the entirety of issues related to it: the grounds for disqualification, the procedure for disqualification and the consequences of it, as well as the appealability of orders taken in this matter and the consequences of violating the provisions on disqualification. Regulations of individual issues differ in the degree of detail. This applies primarily to the reasons for the disqualification of an employee of the authority. The most important reason for the disqualification of employees (except when they or their spouse are a party to the proceedings) is the consanguinity or affinity between them and the party. However, the ranges of such ties resulting in automatic disqualification of an employee, adopted in EU member states, differ significantly. The second area of significant difference is the consequences of the potentially biased employee’s participation in the proceedings. The solutions adopted in this regard in legislation and jurisprudence depend on how the main purpose of the provisions concerning the disqualification of an employee is perceived: as strengthening the public’s trust in the executive, or as a fair settlement of the matter.

Polecenie w administracji publicznej. Wybrane problemy

The article presents selected problems concerning instructions in public administration. First, attention is paid to the official instruction. It is issued in service relationships, which differ from employment relationships. By issuing an official direction, the service superior obliges a subordinate employee to perform a specific official activity, including to submit a declaration of knowledge on public issues. An official direction is an individual administrative act.These official instructions are issued when it is necessary to correct the performance of public tasks by a subordinate employee. The obligation to comply with an official instruction is not absolute. The addressee of the instruction may raise objections and even refuse to execute an unlawful official instruction.Instructions issued by a superior authority to a subordinate authority constitute a separate group. Such an instruction is an internal act. It may concern the method of performing tasks or taking specific actions within the scope of operation of a subordinate authority. Instructions issued between public administration authorities are aimed at adapting activities to the directions of public policy and correcting the manner of performing public tasks. There is no appeal against an instruction issued by a superior authority. These are binding.The last category concerns intervention orders. The intervention order does not result from organizational superiority or official subordination. This is a request addressed to the public administration authority to take action to abolish the danger in emergency situations. Intervention orders are issued in particular in matters of protection of life, public health, property, protection of civil rights, maintenance of public policy.

SANCTIONING REQUESTS OF PUBLIC ADMINISTRATION ENTITIES

The sanctioning of requests by public administration authorities in administrative proceedings is the least analysed, debated and completely unstructured institute of administrative law. The sanctioning of actions of public administration entities is closely related to the administrative supervision of the activities of economic operators, which helps to ensure the harmonisation of the individual economic operators and economic sectors, as well as of public health, environmental protection, and other constitutional values. Administrative supervision and other control by public administration is defined in the academic literature as a public administration activity in which a public administration entity monitors the compliance of the behaviour of its subordinates with legal norms, and, in the event of non-compliance, responds with the measures for the correction or punishment of behaviour. Despite the importance of administrative supervision and the impact it has on economic operators, we do not find any mention of sanctioning requests from public administration authorities in either the Law on Administrative Proceedings or the Law on Public Administration. The article presents the variety of requests for sanction submitted by public administration entities to the administrative court, possible classifications of applications submitted to the court and peculiarities of individual types of requests. The article also presents an analysis of the statistical data on the last few years of the examination of applications for sanctioning of public administration authorities before the Vilnius Regional Administrative Court, which has exclusive competence for the examination of these applications, the diversity of this type of applications (administrative cases), the main procedural peculiarities and problems of the examination of administrative cases of this type in the court, and provides insights and recommendations.

A BIM-Based Approach for Pavement Monitoring Integrating Data from Non-Destructive Testing Methods (NDTs)

Monitoring of critical civil engineering infrastructures has become a priority for public owners and administrative authorities. Several laws and regulations have been issued on this topic, emphasizing the crucial role of Building Information Modeling (BIM)- based procedures for the design and management of civil infrastructures. This study aims at examining the potential of an interoperable and upgradeable BIM model supplemented by ground-based non-destructive survey data, such as Mobile Laser Scanner (MLS) and Ground-Penetrating Radar (GPR), for the analysis of the potential distresses identified in a transport infrastructure’s pavement. The main goal of the work is to implement an infrastructure management process that aims to reduce the limits associated with the separate observation of these assessments and to provide a more efficient way to store data regarding the status of a linear transport infrastructure, to the advantage of an integrated analysis. As on-site surveys are carried out, preliminary analyses on the condition of the inspected infrastructure are performed by relying on the information provided by Non-Destructive Testing (NDTs) inspections. Subsequently, a digital informative model capable of storing the data obtained by the surveys is generated, integrating both the MLS and GPR information to accurately represent the status of the infrastructure’s pavement in a three-dimensional environment. Data obtained from these instruments were used as the input for the digitalization process, making use of parametric digital elements capable of adapting their configuration to the information provided by the NDT surveys. As more analysis on the surveys’ results is carried out, potential distresses in the deep layers of the pavement are identified, and the information related to these elements is then integrated into the BIM model previously created. The process hereby described allows for an analysis of the three-dimensional configuration of the pavement, along with potential distresses and their location into the road’s superstructure. This digitalization process has shown promising viability for data management aimed at supporting asset managers in various management phases.

PROBLEM STOSOWANIA NIELEGALNYCH AKTÓW WYKONAWCZYCH PRZEZ ORGANY ADMINISTRACJI PUBLICZNEJ (NA PRZYKŁADZIE ROZPORZĄDZEŃ EPIDEMICZNYCH)

The paper concerns the application of illegal regulations by public administration authorities. This issue is presented in relation to regulations introduced to prevent the spread of COVID-19. The authors believe that the adoption of these regulations and their application prove that ‘the real constitution’ – as it was described by Ferdinand Lassalle – prevails over the written constitution, which in practice becomes only a ‘piece of paper’. The analysis leads to the conclusion that the epidemic regulations were enacted in clear violation of law as they: (i) crossed the limits of statutory delegation; (ii) violated the constitutional principle of the exclusivity of the statute on limiting civil rights and freedoms; and (iii) violated the constitutional prohibition against impairing the essence of rights and freedoms. Therefore, the public administration authorities should refuse their application. The authorities must observe the hierarchical rule regarding the sources of law. Consequently, they have to refuse the application of every regulation which manifestly violates a statute, a treaty or the Constitution. In cases other than a direct contradiction between the regulation and the higher-level source of law, in order to decide whether there is indeed a manifest violation, the authorities should refer to case law (consuetudo secundum legem principle) or the opinio communis of legal scholars. Moreover, applying a regulation despite the fact that it manifestly violates a statute, a treaty or the Constitution leads to the criminal liability of a public office-holder (e.g. an official, a police officer) under Article 231 of the Polish Criminal Code.

Tryb procedowania oraz przesłanki przekształcenia użytkowania wieczystego w prawo własności

The right of perpetual usufruct has been operating in the Polish legal system since the 1960s. The essence of this right consists in the possibility for the perpetual usufructuary to use land which is publicly owned, to the exclusion of other persons, along with the right to dispose of it. The content of the right to perpetual usufruct is therefore similar in substantive terms to the ownership rights, although it is subject to certain determinants particular only to this law. The limits of the rights of the perpetual usufructuary are determined not only by the provisions of acts, rules of social coexistence, but also by the provisions of the agreement for subjecting land to perpetual usufruct. In addition, the temporary nature of the law and the rules of payment, including the possibility of updating the annual fee for perpetual usufruct, meant that for many years legislative activities were undertaken in the scope of enfranchising perpetual usufruct users. The Act of 20th July 2018 on the transformation of the right of perpetual usufruct of land developed for housing purposes into the ownership right to this land performed normative enfranchisement of perpetual usufruct users. The procedure of confirming enfranchisement is made by the public administration authority in the form of a certificate. The requirement to issue a certificate sometimes demands that the authority conduct a multi-faceted analysis in terms of meeting the conditions for such enfranchisement. Both the material scope of the act, the content of the issued certificate and the paid character of the enfranchisement to which the provisions on state aid apply in practice generate many obligations on the part of the authority issuing the certificate. Due to the universal character of the enfranchisement process and some of its specific features, the legal solutions proposed by the legislator in this area require a more in-depth analysis.

Social Assistance for the Elderly and Legislative Challenges during Covid 19

The proliferation of clandestine homes for elderly people is encouraged by the underfunding of the establishment of such centres by central or local public administration authorities and the small number of places available at already existing centres or the poor conditions that are provided. The elderly represent a vulnerable category, most of the people who live in such centres have precarious financial or family situations or various chronic diseases that require constant medical care. Through this study, we want to analyse the causes and possible legislative solutions that can lead to the improvement of the lives of these people.

Access to public information regarding laboratory animals: law and ethics

Normative regulations concerning the use of animals in experiments and education raise numerous controversies and much social discussion. One of the aspects of implementing this form of social activity is the use of constitutional, subjective right of access to public information. Competent public administration authorities, and administrative courts encounter numerous difficulties related to requests for information. Attempts to assess, evaluate, and verify whether the applicants’ goals and intentions are consistent with the axiological premises of the statutory norms occur. The study reveals veterinary, legal, and moral aspects of requests for access to public information related to the use of animals in testing and teaching procedures. The controversial concept of abuse/misuse of the subjective right to access information is presented in a critical, multifaceted way. Obligations of professional ethics of veterinary surgeons concerning laboratory animals and public information related to them are discussed. The effectiveness and consistency of normative regulations are assessed. Interpretational postulates are indicated.

INTERNATIONAL PARTNERSHIPS OF LOCAL AND REGIONAL PUBLIC ADMINISTRATION BODIES OF KOŠICE REGION AND PREŠOV REGION WITH PARTNERS IN UKRAINE

Despite the absence of a law on cross-border cooperation in the Slovak Republic, it can be concluded that the existing legal frameworks in Slovakia and Ukraine provide sufficient and diverse formal opportunities for cooperation between regional and local authorities on both sides of the border. At the beginning of the 90s of the 20th century, real self-governing structures, the business environment, and the non-governmental sector were just starting to take shape, and the relations between the then-new states of Slovakia (founded in 1993) and Ukraine (founded in 1991) were just being formed anew. The legislative environment was gradually formed. From this period, if we do not count legislative frameworks at national levels, almost the only formal evidence of cooperation between regional and local actors on both sides of the border is official documents on international partnerships of cities and municipalities. Of course, cooperation existed, especially in areas where it still works. In the field of culture, sports, tourism, education, and possibly also other, but practical matters, for example, related to transport connections or trade. We believe that, given the circumstances, the intensity of cooperation was at a lower level than at present. The paper deals with mapping international partnerships of local and regional public administration bodies in the Prešov and Košice regions with partners in Ukraine, from 1993 until now. The text deals with the legislative and institutional framework for the cooperation of local and regional actors across the border. Part of the article is also an overview of the contractual relations between the examined local and regional public administration bodies. The paper also offers political considerations and recommendations for the further development of the investigated relations. The paper also includes an interpretation of the results of the author‘s survey and the sociological survey carried out for the SIBSU project. Key words: public administration, international partnerships, local and regional authorities, Slovakia, Ukraine