Public Administration In Ukraine Research Articles

Sustainability of public administration in Ukraine: analysis of determinants

The article is dedicated to substantiating the thesis that the public administration institution in Ukraine does not exhibit characteristics of stability, meaning it is currently unable to effectively withstand changes, pressures, or contemporary challenges.
 It specifies that the modern interpretation of the content and essence of public administration in Ukraine has two paradigmatic aspects (scientific and normative), the difference between which significantly varies in orientation, methodological approach, focus, and goal characteristics.
 There is a dynamic of their gradual convergence. This indicates a balanced and effective approach to the management of public affairs. However, the public administration institution in Ukraine has not gained normative consolidation, and its further development is justified by the reform of the public service institution, optimization of specific aspects of executive and local self-government activities.
 In justifying the characterization of the public administration institution in Ukraine in terms of hidden stability, it is also pointed out that: 1) citizens’ trust in executive authorities and local self-government remains at a low level, with no stable increase observed; 2) the standard of living in Ukraine is extremely low, and there is no noticeable dynamics towards improvement; 3) the activities of public administrations still do not meet the standards of the SIGMA Program.
 It is determined that the stability of the public administration institution in Ukraine can also be assessed based on indicators of the effectiveness of managing public affairs.
 In summary, the apparent stability observed at first glance conceals some shortcomings and inefficiencies in the public affairs management system, resulting in a lack of clear accountability and effective monitoring, as well as a high risk of corruption, abuse of power, social tensions, etc.

Innovative approaches to risk management in the field of public administration in Ukraine: prospects and limitations

Innovative approaches to risk management in the field of public administration in Ukraine: prospects and limitations

The influence of civil society institutions on the implementation of public administration in the conditions of martial law in Ukraine

The article examines the impact of civil society institutions on the implementation of public administration in Ukraine under martial law. It has been established that civil society is understood as a free association of citizens, the purpose of which is to satisfy common interests, ensure values, and realize rights. The signs of civil society are singled out: it is formed exclusively on a voluntary basis and on the basis of common goals, interests, desires of a certain audience for the purpose of their development and satisfaction; cooperation of civil society as a whole and its institutions in particular with state institutions, being at the same time independent from them to a certain extent; in the formation of public institutions, the greatest value is a person, a person, a citizen, in particular his rights, freedoms and legitimate interests, as well as their implementation in reality; the presence of a certain special and specific structure, the level of development of civil society depends on the level of its complexity. It has been established that the interaction of civil society institutions with state bodies is manifested in participation in the initial development and discussion of draft legal acts, which, among other things, are aimed at the normalization of all spheres that have suffered in one way or another from the aggressor state. It was determined that the influence of civil society institutions in martial law is manifested in their exercise of public control over the activities of state authorities in the form of public monitoring of the preparation and implementation of decisions, examination of their effectiveness. It has been established that the form of interaction between the analyzed subjects is the submission by civil society institutions to state authorities of their own expert proposals, the formation of joint advisory and expert bodies, councils, commissions, and groups to ensure that public opinion is taken into account in the formation and implementation of state policy. It has been established that an important duty of public administration subjects as a form of response to all actions of civil society institutions is to conduct appropriate monitoring and analysis of public opinion, as well as to ensure timely public response to public proposals and comments.

Philosophical and legal interpretations of modern theory of public administration in Ukraine

The aim of the article is to systematize the research results on the definition of the public administration concept and its characteristics. Providing such an opportunity is combining general theoretical and special legal methodology of conducting scientific research. Research results. The authors studied the issues of its organizational and implementation components to form a common vision regarding the evolution of the public administration paradigm in general, as well as its features at the current stage of Ukraine’s development as an independent democratic state that is in armed confrontation with an aggressor country. Practical implementation. Since the declaration of Ukraine’s independence, an attempt has been made to optimize the institutional aspect of socio-economic and political reforms, but we may assert that the path chosen at that time was wrong, because it would be more appropriate to conduct administrative reform in a different direction. In this regard, there is still a tendency to constantly optimize domestic legislation and adapt it to the basic principles of public administration which have proven their effectiveness abroad. Value/originality. It is argued that the world community reached a consensus on the expediency of re-orienting all state mechanisms, processes, and relations with the private sector to a person-centred approach, where the individual is postulated as the highest social value, the center of the entire social system and structure.

Views on Understanding the Adaptation of Public Administration to the Conditions of Martial Law

Purpose: The aggression by Russia has led to the introduction of martial law in Ukraine, the conditions of which affect all spheres of life in Ukrainian society. Public administration bodies are forced to adapt to the new working conditions, and, unfortunately, these conditions mostly complicate and sometimes even slow down the European integration processes in Ukraine.
 
 Method: The article uses general and special scientific methods.
 
 Results: The legal regime of martial law significantly restructures the system of public administration in Ukraine. However, it is possible to understand the mechanism, internal nature and further development of such restructuring only through the prism of analyzing the essence of the process of adaptation to martial law.
 
 Conclusions: The authors distinguish two components of adaptation to martial law: first, in the field of economic and business activities; second, in the field of law enforcement activities. Based on the comprehended problematic aspects and components of adaptation of public administration to martial law, the following areas of its improvement are identified: interaction of security and defense forces; ensuring rational implementation of all types of management activities in the course of the digitalization of social relations; observance of the rights of persons with disabilities under martial law.

Адміністративно-правове гарантування прав та законних інтересів громадян україни у сфері публічного управління в Україні

The article is devoted to the problem of administrative-legal guarantee of the rights and legitimate interests of Ukrainian citizens in the sphere of public administration in Ukraine. Special attention is devoted to the analysis of the rights and legitimate interests of a person in the field of public administration as a subject of administrative and legal guarantees in Ukraine. It has been established that the source of guaranteeing individual rights in the field of public administration is the state. Other institutions of the state acting as subjects of administrative and legal guarantee of the rights of the individual in the field of public administration, broadcasting his will, endowed by the state with special competence, effective means of guaranteeing the rights of the individual. The article analyzes the peculiarities of the combination of public interest and private legitimate interests of individual individuals, the theory of the dualism of private and public interest within the framework of subjective public law, presents an analysis of the category "public legitimate interests", and the structure of subjective public rights. It was found that the category of subjective law in the public legal sphere is wider than the category of subjective public law. Particular attention is paid to the types of subjective public human rights, since their satisfaction is the most important subject of administrative and legal guarantee by the state, in particular through the mechanism of judicial control. Special attention is devoted to the analysis of public-civil, public-political, public-social rights. Positive and negative public, general and special rights in the researched area are singled out. It was noted that the practical implementation of administrative and legal guarantees of individual rights requires the involvement of a wide range of state institutions endowed with the necessary competence to create conditions, implement means aimed at guaranteeing the possibility of implementing individual rights and, if necessary, their protection. The features of guaranteeing the legal rights of a person, the system of such guarantees are characterized. It is emphasized that while guaranteeing a wide range of legal opportunities, the state should focus on developing a clear mechanism for countering the abuse of law in the field of public administration in wartime conditions.

Features of the functioning of jury courts in the public administration system in Ukraine

The purpose of the article is to examine the jury court as a body of public administration.
 The legal status of the jury trial in the system of public administration in Ukraine is considered. An analysis of the possibility of interpreting the jury court as a public organization was carried out and it was substantiated that the jury does not fall under the status of a public organization. It has been established that the administration of justice in Ukraine is the function of only state bodies to which the jury belongs, as it is part of the judicial system of Ukraine.
 The jury court as a body of state judicial power was considered. It has been proven that the jury has a number of specific features that distinguish state bodies from non-state bodies, in particular, it has been established that the difference between the jury and other bodies of state power is that it does not have a certain permanent composition, and the jury is formed once on the basis of a complex selection mechanism for consideration of a specific case.
 It is justified that the jury court is an institution that controls the distribution of power prerogatives between the branches of power: executive, legislative and judicial. The jury, as the most democratic judicial body, in this case performs a control function, preventing the interference of legislative and executive bodies in the administration of justice, which is not provided for by law.
 The authors conclude that, in carrying out its activities, the jury closely interacts with other bodies of state power: with law enforcement agencies and the prosecutor’s office as bodies that perform the function of the prosecutor’s office, with local self-government bodies as bodies that provide voter lists, with other bodies of judicial power , which control the activity of the jury court.
 It was determined that the jury acts in accordance with the principles of the organization and operation of the state apparatus, which include: legality and constitutionality, the principle of professionalism (regarding professional lawyers) and ethics of civil servants, the optimal structure and functioning of the state body, its effectiveness. These and other principles are reflected in the legal acts regulating the activity of the jury court.

Reformation Public Administration in Ukraine in the Context of European Integration: Current State, Problems and Priorities

"The research is focused on the problem of reforming public management in Ukraine. An analysis of the current state of reforming public management in Ukraine has been carried out. It has been substantiated that the reformation of public administration and local self-government should be carried out in accordance with European standards and democratic governance principles. The legal framework for reforming public administration and local self-government has been analyzed. It has been emphasized that the current state of development of Ukrainian legislation in this area requires a critical rethinking of the existing norms, overcoming contradictions and inconsistencies between them and indicates the need to adopt a number of new legislative acts. The analysis of the current state of reforming public management in Ukraine has shown that most public authorities have been formed in independent Ukraine; there were changes in organizing the work of the Cabinet of Ministers of Ukraine, central and local executive authorities, and the system of local self-government bodies; the processes of modernizing the public service are underway; a number of positive steps have been taken towards reforming public administration and local selfgovernment, and the decentralization reform was actively implemented in 2014-2021. The necessity of further optimization of the central executive authorities’ system, modernization of the public service and human resource management, and completion of decentralization processes was emphasized. The main provisions of the Strategy for Public Administration Reform of Ukraine for 2022-2025 and the Concept for Reforming Local Self-Government and Territorial Organization of Power in Ukraine were analyzed, as well as other strategic and conceptual documents adopted in Ukraine for the purpose of implementing public management reform. The theoretical construction of a new model of public management based on European principles and standards has been substantiated. Strategic priorities for reforming public management in Ukraine in the context of European integration have been identified."

The Mechanism of Interaction of the Judicial Authority of Ukraine with the Public

The current state of society is characterized by the expansion of the conflict space, the increase in tension in social relations between the judicial authorities and the public. It is precisely because of this that issues of improving the mechanism of interaction between judicial institutions and public associations and active citizens are being brought into focus. The purpose of this research is to substantiate theoretical and methodological principles and develop a mechanism of interaction between the judiciary of Ukraine and the public as a basis for making rational administrative decisions. The subject of the study is the relationship between judicial authorities and public associations and citizens regarding management decision-making. The object of the research is normative documents, recommendations and strategic documents regulating the issue of administrative decision-making in the judicial institutions of Ukraine, as well as academic publications and analytical reports on the issues, which are under consideration in this article. The research methodology combines a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, classification, etc. While processing the scientific sources and legislation in order to thoroughly study the subject of research, highlight its properties, the method of analysis was used. The article examines the mechanism of interaction between the judiciary and the public and establishes the elements of such a mechanism. Based on the analysis of normative-and-legal acts and the effectiveness of the activities of judicial authorities, strategies for the development of the judicial branch of government in Ukraine, the directions to improve the mechanism of interaction of citizens with the independent branch of government - the judiciary, with the aim of exerting their influence on the process of making administrative decisions - have been determined. The interaction of judicial authorities with the public is becoming more and more important every year, the influence of public opinion on administrative decisions is increasing, and because of this, the mechanism of such interaction is being improved and the state’s relations with the public are being reformatted, the gradual introduction of international standards and best practices of the Council of Europe and the European Union in system of justice and public administration of Ukraine. Mandatory elements of the mechanism of interaction of the judiciary with the public are not only the subject-object composition, but also the goals, principles, functions, forms of interaction, information and methods of its presentation, technologies and technical means. The task of the operation of such a mechanism is defined as ensuring the adoption of rational administrative decisions by the Higher Qualification Commission of Judges of Ukraine, the State Judicial Administration of Ukraine, court apparatuses and other institutions of the judicial branch of government in cooperation with the public. Taking into account the wide differentiation of interaction between various subjects of management in the sphere of justice, we consider it necessary to further define the types and forms of such interaction, which has not only methodological, but also practical significance, as it contributes to its normalization according to certain signs or criteria, which allows to effectively determine methods of its practical implementation. The improvement of the mechanism of interaction between the judiciary and the public is in: 1) reducing the number of conflicts and transferring interaction to the level of real and effective cooperation; 2) increasing the openness of the State Judicial Administration of Ukraine and court apparatuses, their readiness for dialogue with the public; 3) granting the Public Integrity Council more powers to influence the career of judges.

Analysis of the legal regulation of administrative conflict proceedings in European countries for the development of domestic legislation

The work proves that Ukraine’s integration into the European legal space requires a full-scale legal system reform based on the principles and standards formed at the pan-European level. It is extremely necessary to take into account international and European standards when carrying out reforms in public administration in Ukraine, as well as take into account theoretical provisions, doctrines, and positive practical experience of foreign states in the field of administrative conflict proceedings. The administrative-judicial reform announced by the President of Ukraine and the development of the normative framework for the regulation of administrative proceedings is taking place while considering international and European standards of administrative justice aimed at the settlement of conflict proceedings. The analysis of foreign doctrine and legislation in the field of administrative responsibility indicates the absence of a single model of legal regulation of this institution in foreign countries, where in some countries, it is part of criminal legislation, while in others, it is an entirely different sphere of legal regulation. In order to improve conflict legal proceedings, it is expedient to pay more attention to the international experience of regulating administrative proceedings. Despite the different attitudes to administrative and tort legislation in various countries, each country has its own important experience in conducting cases. It is possible to describe the following features of the systematization of legislation on administrative responsibility: some countries are focused on decodification, while others are moving toward adopting a single codified act. Also, quite often, we can observe differences in jurisdictional administrative procedures in foreign countries. However, the implementation of the experience of European countries in conflict proceedings will not only contribute to the improvement of domestic legislation but will also ensure close cooperation with the EU. The author proposes to use the experience of foreign countries regarding the expansion of the range of subjects of proceedings in cases of administrative offenses since, in most countries, legal entities can be brought to administrative responsibility on an equal basis with individuals. In this way, administrative justice would contribute to the strengthening of law and order in the state of Ukraine. Administrative justice is an integral feature of the rule of law state, and its creation is the task of every democratic state. Key words: administrative law, administrative process, administrative proceedings, conflicting administrative proceedings, simplified proceedings, administrative law of foreign countries, administrative law of EU countries, administrative tort law

Концепція публічного управління в умовах формування публічно-сервісної держави

The article is devoted to the problem of forming an updated concept of public administration in the conditions of the formation of a public service state in Ukraine. The article analyzes the main prerequisites for the formation of the updated concept of public administration, the historical aspects of the birth of the relevant ideology, the formation of a philosophical and scientific idea regarding the terminological outline of the relevant concepts dedicated to the improvement of management processes in the state. Special attention is paid to the process of debureaucratization of management processes, strengthening of their flexibility, result-orientedness, involvement of the public in them. It is noted that the updated concept of public administration is being formed in the conditions of the formation of a public-service state in Ukraine and the establishment of "people-centrism" as a new philosophy of administrative-legal relations and interaction between the state and its citizens. It has been found that the establishment of "people-centeredness" as a new philosophy of administrative-legal relations and public management presupposes the predominance of the interests of man and society over the interests of the state. Special attention is devoted to the peculiarities of the normative and legal framework of modern public administration, to the search for ways to transform modern legislation in this area. It was found that the ideas of digitalization of the process of providing administrative services, creation of a single state web portal for their provision, rationalization and minimization of the list of documents and procedures used to obtain administrative services became important ideas enshrined in the current legislation of Ukraine. The role of the Ministry of Digital Transformation of Ukraine in the process of forming the updated concept of public administration in Ukraine is characterized. The importance of further work on the implementation of the "Digital State" project, which is actively implemented through the convenient online system "Action", was emphasized. Among the effective tools, the approval of which requires further support from the state, the services for providing electronic permit documents through the "Diya" portal, the electronic court system, electronic voting, etc., are mentioned.

LEGAL BASIS OF PUBLIC ADMINISTRATION ORGANIZATION IN UKRAINE UNDER THE CONDITIONS OF MARITAL STATE

The article examines the problems of legal regulation of public administration in Ukraine under martial law. On the basis of legislative acts and scientific works of domestic authors, the current state of public administration and its shortcomings are analyzed. Attention is focused on the factors that affect the efficiency of public administration. Factors that can lead to a crisis in the public administration system have been identified. The general functions of public administration are outlined, the functions performed by public administration during martial law are highlighted. Changes in the structure of public administration during the Russian military aggression are considered. The primary importance of introducing new mechanisms and standards, which are characteristic of the developed countries of the world, into the system of public administration was determined.

INSTITUTIONAL STABILITY OF PUBLIC ADMINISTRATION IN THE CONDITIONS OF INCREASING ECONOMIC AND LEGAL CHALLENGES AND THREATS OF FINANCIAL AND ECONOMIC AND SOCIO-POLITICAL CRISIS IN UKRAINE

The purpose of the article is to study the theoretical foundations and practical aspects of the justification of the peculiarities and identification of problems of institutional stability of public administration in the conditions of increasing economic and legal challenges and threats of the financial and economic and socio-political crisis of Ukraine. Based on the results of the conducted research, it can be stated that in the conditions of the strengthening of the financial and economic and socio-political crisis, there is an aggravation of the negative impact of economic and legal challenges and threats that significantly unbalance the institutional stability of public administration. The article analyzes the main scientific approaches to determining the essence of the institutional stability of public administration, identifies the main factors that have the most destructive effect on the public administration system, identifies the most important problems of the institutional stability of public administration, and finds out that they increase their destabilizing influence in the period of aggravation of economic and legal challenges and threats of the financial and economic and social-political crisis. Empirical evaluations of the Integral indicator of public administration in Ukraine for the period of 2018–2021 were carried out according to such subindexes as "implementation of the right to vote in the state and accountability", "government efficiency", "political stability and absence of violence", "quality of legislation", "the rule of law" and "corruption control", as a result of which their critical values were established, which lead to a significant imbalance of the public administration system, to the deepening of social tensions and to the exacerbation of crisis situations. The main measures to increase the institutional stability of public administration are proposed, among the most significant of which are the formation of a special mechanism for forecasting risks, threats and dangers to the system of public administration, taking into account crisis situations and the strengthening of financial and economic and socio-political challenges; improvement of current domestic legislation and its harmonization with the norms of European and international law; development of an effective anti-corruption mechanism and its legislative regulation.

Methods for assessing emotional intelligence: Prospects for application in public administration in Ukraine

This study aims to establish the advantages and disadvantages of various methods for assessing emotional intelligence by comparing the most common methods in leading countries and a developing country (Ukraine) in business, as a field in which the level of emotional intelligence importance is generally recognized, and in the public administration sphere. The MSCEITV2.0 and Hall tests were chosen as the most accurate tests for determining the emotional intelligence of public managers. For a more detailed comparison of these two tests and the selection of a universal one, 100 respondents were surveyed using a questionnaire developed in Google Forms. The sample included officials of local governments in the western, northern, and central regions of Ukraine, as well as representatives of businesses in the same regions, particularly managers of private enterprises. The results indicate that these two tests show similar results when determining the level of emotional intelligence. However, when allowed to choose the testing method, 80% of public managers and business representatives chose the Hall test, which takes less time than the MSCEITV2.0 test. Considering the obtained results and the permissible error, the study identifies the Hall test as a universal method for determining the emotional intelligence of public managers in a developing country – Ukraine. AcknowledgmentThis paper was created within the National Research Foundation of Ukraine project Assessing the impact of the Covid-19 pandemic on Ukraine's human resources and identifying ways to overcome them. Project registration number 2021.01/0433.

THE SYSTEM OF PUBLIC ADMINISTRATION ENTITIES IN THE FIELD OF FORENSIC EXPERT ACTIVITY: CONCEPT, STATUS, POWERS, SUBORDINATION AND COORDINATION

Introduction. Quite complex and contradictory transformation processes aimed at constructing a democratic state and its institutions are taking place in Ukraine. Problem Statement. Modernization of public administration in Ukraine, changes in social relations, insufficient effectiveness of forensic expert support of law enforcement activities and the judiciary, the need for organizational and legal transformations in the field of forensic expert activity. Purpose. Consider the system of public administration entities in the field of forensic expert activity, their concepts, status, powers, subordination and coordination of activities Materials and Methods. General scientific and special research methods: analysis, modeling and forecasting, dialectical, structural-functional, synergistic, normative-logical, comparative-legal, analogy, extrapolation and legal interpretation. Results. It is proposed to consider the system of public administration entities in the field of forensic expert activity as a complete, interdependent, hierarchically structured set of subjects who, in accordance with the purpose and within the limits of authority, conduct public administration in the field of forensic expert activity in order to implement their own tasks and functions with the aim of providing justice in Ukraine with an independent, qualified and objective examination, focused on the maximum use of the achievements of science and technology. Conclusions. The system of public administration entities in the field of forensic expert activity consists of: 1) ministries and other state bodies, to the sphere of management of which belong state specialized institutions that conduct forensic expert activity; 2) entities of forensic expert activity. The creation of a system of self-governance of forensic experts will contribute to the reduction of state regulation in the field of forensic examination and must be approved by law. In the normative legal acts on advisory and other auxiliary bodies, in particular, in the Regulation on the Coordinating Council on Forensic Examination Issues under the Ministry of Justice of Ukraine, the sections on the formation of the composition should take into account the right of forensic experts who are not employees of state specialized institutions and members of public organizations of forensic experts, to be elected to advisory and other auxiliary bodies. The creation of an effective system of public administration subjects in the field of forensic expert activity should be based on the European administrative and legal concept of “public administration”, developed relevant theoretical provisions, and have an appropriate legal basis. It is necessary to establish new approaches to the system of public administration entities in the field of forensic expert activity in order to ensure justice with independent, qualified and objective examination that would meet the requirements of international standards and modern challenges.

Analysis of foreign experience of state control in the field of ferrous metallurgy (administrative and legal basis of financial and environmental control)

The article makes an attempt to summarize the foreign experience of state control in the field of ferrous metallurgy, namely, attention is focused on the administrative and legal foundations of financial and environmental control.
 The author draws attention to the fact that borrowing the experience of foreign countries in the field of state control in the field of ferrous metallurgy should become one of the priority directions on the way to the reform of this institute by the public administration in Ukraine after the end of the war with Russia. However, as practice shows, blind borrowing of foreign experience gives insufficient effect, sometimes creates legislative contradictions, leads to gaps in the regulation of one or another type of legal relationship, significantly reduces the level of efficiency of public administration in general and control in particular. Considering this caveat, it is important and necessary, along with borrowing foreign experience, to take into account national traditions and trends in the field of rulemaking and public administration.
 It is noted that the system of state control in the field of ferrous metallurgy in foreign countries is an important and indispensable institution of state administration. The main influence on the part of the controlling bodies of the ferrous metallurgy enterprise in foreign countries is mainly directed by the tax and environmental protection authorities. Positive experience in the implementation of state control in the field of ferrous metallurgy of such countries as the People's Republic of China, Germany, the USA, and Austria should be taken into account by the Ukrainian state when determining the principles of control activity in the specified field of public administration. In addition, it is extremely important, in the context of Ukraine's European integration efforts, to take into account the experience of the European Union states in this area.

Features of the Development of the Public Administration System in Ukraine

The purpose of the study is to consider and analyze the trends in the development of public administration in Ukraine under the conditions of modern globalization challenges and transformational processes. Research methodology is based on the use of methods of analysis and synthesis, the method of observation, methods of induction and deduction, methods of comparison and analogy, graphic, logical methods. The methodological basis of the study was the methods of analysis, synthesis and observation, which provided an opportunity to actualize the main problems of the development of the public administration system today. The scientific novelty of the obtained results lies in the substantiated main directions of changes and transformational processes of the domestic system of public administration under the influence of civilizational changes and globalization challenges. The article analyzes modern trends in the development of public administration in Ukraine. The following trends in public administration are singled out and analyzed: step-by-step improvement of the model of public administration;formation of effective organization and activities of executive authorities at various levels; reforming local self-government and creating self-sufficient territorial communities; the process of redistribution and demarcation of competencies and powers of public authorities;reforming the territorial organization of power based on the principles of economic expediency and social necessity;reforming and modernization of civil service and service in local self-government bodies, etc.Further ways of improving the system of public administration in Ukraine are proposed. Conclusions. Further ways of improving the system of public administration in Ukraine should be based on the step-by-step process of completing administrative and administrative-territorial reforms, introducing electronic governance into the activities of public administration bodies, further completing the constitutional reform in terms of decentralization of power, which involves the transfer of real powers to local self-government bodies, reformpublic administration systems based on comprehensive consideration of the experience of functioning of public administration systems in foreign countries Key words: public administration, public power, democratization of power, development trends, transformational processes.

Analysis of the modern functional field of effective implementation of public control in the system of public administration in Ukraine

AbstractThe relevance of this article lies in the fact that the study of the public administration system in Ukraine is an important issue. In modern Ukrainian society there is a clear demand for effective ways to involve the general public and create real mechanisms for implementing democratic principles of public administration through European integration processes. The aim of the study is to analyse the current functional field in the processes of public control in the public administration system of Ukraine. The following research methods were used: analysis and synthesis of information, comparative method, method of sociological research, as well as the method of induction. At the final stage of the study, an analysis of scientific sources on the research topic was carried out. According to the results of the study, it can be argued that the effectiveness of public control in Ukraine directly depends on the state of development of civil society and the level of interaction of its subjects with state authorities and their officials. This largely depends on the motivation of the competent authorities, since state institutions, especially in the legal and organisational spheres, ensure the development of civil society and form the basis for public participation in governance. The practical significance of the research results lies in the fact that the research presented in the article and the analysis of literature sources provides an idea of the implementation of public control in the public administration system in Ukraine, and also opens up new opportunities for its improvement.

ПОРІВНЯЛЬНИЙ АНАЛІЗ ОКРЕМИХ ПОЛОЖЕНЬ ЗАКОНОДАВСТВА ПРО АДМІНІСТРАТИВНУ ПРОЦЕДУРУ УКРАЇНИ ТА ПОЛЬЩІ

The comparative analysis of the separate Law of Ukraine "About administrative procedure" and Code of administrative realization of Republic of Poland provisions is carried out in the article. In particular, the state of the normatively-legal providing of functioning of collective subjects of public administration is analysed in Ukraine and Poland. Accented, that Law of Ukraine is "On administrative procedure", that inures on December, 15, 2023, must put in order procedures of mutual relations, that arise up between a person and organs of public administration in Ukraine. The list of positive innovations that Law of Ukraine must provide "On administrative procedure" with inuring his positions is given. On the basis of the conducted analysis drawn conclusion, that the Ukrainian and Polish model of administrative justice is similar. It is marked that a normatively-legal act about administrative procedure must be detailed and touch all important questions in relation to administrative realization. In addition, a group of norms of this act should be aimed separately at regulating the behavior and activities of collegial subjects of public administration. Attention is drawn to the fact that the essence, types, functions and powers of collegial subjects of public administration are defined rather poorly in the adopted Law of Ukraine "On Administrative Procedure". The main components of the administrative procedures that will be carried out by these entities remain unregulated. Legislative gaps regarding the responsibility of collegial administrative bodies can deepen the problem of their violation of the rights, freedoms and interests of individuals. It is argued that it is necessary to create effective mechanisms at the level of the law, which would ensure clear regulation of the procedural aspect of a person's relations with collegial subjects of public administration. A conclusion was made about the need to delimit the regulation of the scope of powers of collegial administrative bodies and to properly reflect the specifics of their implementation in the legislation of Ukraine on administrative procedure. Ways of improving the norms of substantive law, which regulate the rules of administrative procedures, taking into account the experience of the Republic of Poland in this area, are considered.

PUBLIC ADMINISTRATION IN THE FIELD OF LAND RELATIONS IN UKRAINE: TRENDS, CHALLENGES AND SOLUTIONS

Purpose. This paper aims at the analysis of the organizational and legal issues of the system of land public administration in Ukraine and elaboration of possible solutions for its further development. Methods. The dialectic method was used in order to analyze the development of the system of public administration in the field of land relations in Ukraine. The method of systematic and structural analysis was used for the characteristics of the elements of the system of public administration in the field of land relations, the distribution of powers between them, and their governmental ties. Modern theoretical approaches to the system of public administration were considered on the basis of the method of critical analysis. Results. In the first part of this paper, the legal and organizational aspects of land public administration in Ukraine have been analysed. The necessity of improvement of powers, in particular, related to land management, have been identified among current problems. The second part of this paper is devoted to the administrative procedures in the field of land relations. The collisions between the general and special laws related to administrative procedures in the field of land relations have been identified among key problems and the case law on this matter has been analyzed. In the third part of the paper the recent trends, challenges in frames of the state of martial law, and solutions have been analyzed. Conclusions. Decentralization and digitalization were considered as the dominate trends in the public governance in the field of land relations. The distribution of powers between central bodies of executive power, as well as between central and local public authorities, the improvement of powers related to the land management, and elimination of the collisions between general and special norms on administrative procedures in the land relations were defined among necessary improvements. During the state of martial law, special mechanisms for land data protection introduced by public administration entities in Ukraine have been considered as important solutions.