Framework For Reform Research Articles

SCIENTIFIC AND EDUCATIONAL ACTIVITY OF LIBRARIES AS A CRITERION OF LIBRARY REFORM

Objective. The article examines the legislation of Ukraine in the framework of library reform. It is noted that in the presence of all changes and additions, the wording of the Law of Ukraine "On Libraries and Library Affairs" of 2021 regulates the activities of mostly public libraries. The peculiarities of the activity of libraries of higher educational institutions (HEI) are not reflected in the law. Methods. The methodological basis of the study were: general methods of thinking; general scientific and interdisciplinary methods. We can also distinguish: analysis and synthesis, abstraction, formalization and dialectical, as a general scientific method of cognition. Results. An example of a legal conflict regarding the legitimacy to use the status of a research and educational worker by the director of a University library is analyzed in detail. The study proves that libraries of higher education institutions are not obliged to conduct research and educational activities. However, in the absence of scientific lectures, workshops, and research, the library is reduced to the level of a subdivision of the HEI, whose activities are aimed only at providing information on scientific and educational activities of teachers and students. Conclusions. On the example of the Scientific Library of Ivan Franko National University of Lviv, known in Ukraine and abroad for its scientific lectures, art projects, research and explorations, the relevance and importance of conducting scientific and educational activities by Scientific Libraries of the HEI is shown.

Зарубіжний досвід проведення децентралізаційних змін: уроки для України

Розглянуто зарубіжний досвід проведення реформи адміністративно-територіального устрою та децентралізації державного управління, перерозподілу повноважень, зміни у бюджетних відносинах країн Балтії та Хорватії. Зазначено, що питання децентралізації є першочерговими в умовах розвитку місцевого самоврядування та забезпечення його спроможності самостійно, завдяки власним ресурсам, вирішувати проблеми місцевого значення.

ЎЗБЕКИСТОНДА ҚУРИЛИШ СОҲАСИНИ ТАРТИБГА СОЛУВЧИ ҲУҚУҚИЙ АСОСЛАРНИНГ ВУЖУДГА КЕЛИШИ

This article seeks to analyze the origins of the legal framework for reforms in the construction sector in the Republic of Uzbekistan over the past 4 years. One of the main goals of the article is the construction of housing, the continuation of a permanent relationship with it, the continuous improvement of the legal framework of the industry, the elimination of legal problems that may arise in this process. An attempt made to make a legal analysis of the ongoing reforms in this field. At the same time, the changes that took place before and after the reforms identified as a legal direction. The legal basis of administrative relations with the relevant state bodies is highlighted, rather than civil cases arising from property relations between citizens. The main content of the study is to analyze the development of legislation to address the situations that arise in administrative relations in the field of construction. At the same time, the Urban Development Code analyzed along with the activities of established entities in the construction sector. In addition, appropriate conclusions drawn to further develop the process of norm setting in the field. In determining the main indicator characterizing the object of research, it is possible to rely on the data provided by the Statistics Committee.

Україна, територіальна громада, об’єднана територіальна громада, місцеве самоврядування, європейський досвід, децентралізація

The article provides a comparative analysis of the European and domestic approach to the policy of voluntary association of territorial communities. The author conducted a study of key areas of local government reform in Ukraine and European countries. The paper describes the dynamics of the formation of territorial communities, the basic concepts, principles and conditions of voluntary association of territorial communities. The domestic normative-legal provision of the relations arising in the process of formation of capable communities is characterized. The paper analyzes the general aspects of decentralization reform on the example of European Union member states. The practical experience in the reforms of the former post-socialist countries was studied. The author notes that the use of European experience in reforming local public authorities serves as a good basis for decentralization reform in Ukraine and to achieve effective changes in the system of governance, financing, modernization of small communities in Ukraine. The paper notes that the reform of decentralization has already led to significant changes in Ukrainian society, in public administration, as well as in the system of local self-government. Since the adoption of the Concept of Local Self-Government Reform and Territorial Organization of Power in Ukraine in 2014, a legal framework for large-scale local self-government reform has been created and practical experience has been gained. The author shows that the policy of voluntary association of territorial communities should take into account the existing historical experience of such reforms. Analysis of domestic and European experience in reforming local self-government and forming capable communities shows that the policy of consolidation of territorial communities is one of the important ways to create an effective system of local self-government. Ukraine’s state policy in the field of local self-government is based on the interests of residents of territorial communities, which has led to the decentralization of power through the transfer of powers, resources and responsibilities from local self-government bodies. Based on this policy, the provisions of the European Charter of Local Self-Government and the best practices of European countries are laid down.

The law of fixtures and chattels: recalibration, rationalisation and reform

AbstractThis paper examines the law of fixtures and chattels which governs the circumstances in which items of personal property that are attached to land become part of that land. Whether a chattel has become a fixture is crucial in a range of contexts including when land is sold or mortgaged. However, the law of fixtures has long garnered a reputation for complexity and obscurity; a position that endures today. Through examination of historical accounts and decided case law, this paper explores the reasons for this reputation; identifies the central deficiencies and defects inherent in the law and argues that the existing approach is anachronistic, inconsistent and incoherent. Building on this, the paper concludes by proposing a new framework for rationalisation and reform which would bring long-overdue certainty and clarity to the law in this area.

A Partnership of Equals? ‘Deeper’ Economic Integration Between the EU and Northern Africa

Strengthening ties with Africa has become a top priority for the current geopolitical European Commission. The focus on Africa is not new: Since 2004, the European Neighbourhood Policy (ENP) has gradually developed a framework for political dialogue and reforms in Northern African countries, which form part of the Southern Neighbourhood. The conclusion of association agreements and free trade agreements (FTAs) at the end of the previous century brought these countries closer to the European Union (EU) in commercial terms. In February 2021, the EU launched a renewed agenda for the South Mediterranean with a view to integrating these economies further to the EU edifice. Against this backdrop, this Article discusses how economic integration manifests itself in the region. It further pinpoints the economic fundamentals and political realities that will shape further economic integration between the EU and Northern Africa. A central element of EU’s renewed strategy in the region is the conclusion of deep and comprehensive free trade agreements (DCFTAs) with Northern African countries. It is argued that the conclusion of such agreements will constitute a litmus test for EU’s new assertive approach in trade matters in line with the newly adopted concept of open strategic autonomy. European Neighbourhood Policy (ENP), Southern Neighbourhood, Northern Africa, EU trade policy, EU foreign policy, strategic autonomy, deep and comprehensive free trade agreements (DCFTAs), South Mediterranean, economic integration

ФОРМУВАННЯ КОМПЕТЕНЦІЇ ОРГАНУ МІСЦЕВОГО САМОВРЯДУВАННЯ ЯК ОСНОВНА ФЕНОМЕНОЛОГІЯ ДЕЦЕНТРАЛІЗАЦІЇ ПОВНОВАЖЕНЬ ПУБЛІЧНОЇ ВЛАДИ В УКРАЇНІ

The article is devoted to the study of the formation of competence of the local authority selfgovernment as the main phenomenology of decentralization of powers of public authority in Ukraine. The author notes that the world experience and the experience of independent development of Ukraine suggest that the most productive mechanism for uniting society around the fundamental values of civil society is the development of local self-government. The article is devoted to large-scale reform of local self-government, which is aimed at overcoming the centralized Soviet system and the formation of a decentralized system of local government, as well as increasing the powers of self-governing bodies to develop the territories. Some particularly problematic issues have been studied, which significantly hinder the solution of current problems in the field of “competence content” of public authorities. These include the lack of general theoretical definition of competence, lack of scientific understanding of the system of properties of competence, as well as recognition of the existence and formation of their own competence in local governments as self-governing (municipal) public authorities. The author points out that the success of the reform of decentralization of public power in the framework of municipal reform leads to the transformation of the competencies of local governments, especially in the context of forming a block of powers of their own competence and executive bodies. The author of the article offers an ontological and axiological analysis of the sphere of competence of local self-government bodies in its modern sense. It is emphasized that the “alpha and omega” of the competence of local governments should be strategic procedural guidelines that reflect the dependence of the competences of local public authorities on the interests and will of residents of local communities. It is revealed that the system of individual, group and collective interests of a person determines the objectification of the need to form their own competence for local governments. It is a doctrinal conclusion that the process of reforming public authorities is directly related to the process of forming the competence of local governments, which in conditions of decentralization and deconcentration, form their own competence base of powers and subjects. The topical issues of forming the own competence of the local self-government body are given and analysed. The author of the article argues that this process is the main phenomenology of decentralization of public authority in Ukraine. The author’s opinion is substantiated that decentralization is one of the most successful reforms of recent times, but at the same time, some problems of both organizational and applied nature remain unresolved, which negatively affects the prospects of decentralization in Ukraine.

Institutional petitions in Morocco: opportunities and challenges of claiming rights in participatory arenas

ABSTRACT Morocco’s reaction to the Arab Spring sets it aside from other countries in the region in terms of how political elites adapted to the demands for democratic change. In the framework of a constitutional reform, the right to petition has been granted at the constitutional level, supposedly aiming at fostering citizens’ engagement in political processes through the creation of new avenues for institutional participation. This article discusses the effect of institutional participatory spaces on the process of making rights claims. Grounded in two case studies and continuous observations in the field for over one year and a half, the article shows that citizens’ engagement in these spaces reflects multiple logics and goals. Recognizing the important influence of the institutional design on the seizure of the right to petition, the findings highlight that seizing these spaces may also aim at achieving outcomes that go beyond the initial scope of the participatory space. The article argues that a better comprehension of the effect of the reconfiguration of citizens’ participation in the policy process in Morocco could be achieved by shifting the focus to the performances of citizenship itself.

Scientific Analysis of the Content and Essence of the Reforms Related to the Maintenance of Public Order and Security of Law Enforcement Agencies

The article describes the establishment of stability, peace and tranquility in the country, ensuring the unconditional observance of human rights and freedoms, maintaining public order; the content and essence of the ongoing reforms related to the maintenance of public order and security of law enforcement agencies, which play an important role in ensuring the security of the individual, society and the state, were scientifically analyzed. Also, the implementation of normative and legal acts adopted in the framework of the ongoing reforms in the field of public order and security of law enforcement agencies in the life of society and its role in the effective organization of the activities of the sector. Based on the scientific analysis of the results of the ongoing reforms in the field of public order and security of law enforcement agencies, suggestions were made to improve their activities.

Звільнення прокурорів як наслідок неуспішного проходження атестації в межах реформування прокуратури в Україні

This paper is devoted to the issue related to prosecutors dismissal as a result of unsuccessful attestation within the framework of the prosecutor’s office reformation in Ukraine. Exhaustive grounds for dismissal of prosecutors from their posts are outlined in the article. Provided definition of the prosecutors’ attestation. Researched different visions of composition of the personnel commissions, attesting prosecutorial officials, and reasonableness of decisions, adopted on the basis of information, received by these commissions, which concerns no their professional competence. Consequences of all reforms of the prosecutor’s office are covered by this paper subject to figures and percentage values. It is focused on scheduled changes of the prosecutor’s office and sense of reformation, taking place in Ukraine. Determined definition of the reorganization and its dissimilarity from ordinary law-enforcement body renaming. The paper contains foreign specialists’ opinion with regard to all required transformations of the prosecutor’s office during reformation, which could facilitate an actual renewal of this body. Proposed a comprehensive approach to such reformation. Attention has been given to the shortcomings of the Law of Ukraine “On Amendments to some legislative acts of Ukraine on priority measures for the reform of the prosecutor's office”, according to which the reform was supposed to take place in Ukraine in order to attest prosecutors. Detected discrepancies between the specified law and its noncompliance with the special Law of Ukraine “On prosecutor’s office” and constitutional principles. Considered court practice with specification of certain examples of prosecutors appealing decisions and appropriate orders concerning their unreasonable and unlawful dismissal as a result of unsuccessful attestation within the reform framework and judges’ opinions on the results of such attestation, stated in certain judicial decisions, binding on all citizens throughout our country.

Criminal Proceedings Law Improvements for Justice Witnesses in Albania

In the framework of the constitutional justice reform of year 2016, “Constitutional reform in Albania of year 2016 determined fundamental amendments by improving justice system.” (Balla, 2017, p. 368), there are undertaken to be improved important justice laws. Therefore, fundamental amendments are made on the Criminal Proceedings Code (CPC) on year 2017. These amendments consisted in general and specially to enable the implementation of government policy, for the establishment of new institutions and the strengthening of existing ones, in the fight against corruption and the consolidation of the justice system. At the same time, the amendments aim to address the most obvious issues and problems encountered in practice. Correspondingly, the constitutional amendments and the adoption of other laws, necessary to implement them, brought the need to unify and harmonize these amendments in the CPC. In particular, the new regulations aim to determine the prosecutor's independence in the criminal proceedings, the establishment of the Special Prosecution Office, the jurisdiction of the High Court and the change in the subject matter jurisdiction of the Court of Corruption and Organized Crime. Through this paper it is addressed the treatment of new standards and institutes that are regulated in the CPC. How do they stand compared to European standards such as the jurisprudence of the ECtHR and international law, as well as the jurisprudence of International Criminal Court (ICC). The paper aims to address issues related to the rights of defendants, the legal position of the victims and especially the treatment of the most favorable legal status of protected witnesses and collaborators of justice.

Labour Market and Educational Services Trends in Post-Conflict Territories of Ukraine

Promotion of youth employment, especially in the post-conflict territories of Donetsk and Luhansk regions of Ukraine, is one of the key global problems of a country that is a challenge to its sustainable development. Higher education institutions play an important role in this process. They form the labour potential for the development of a region. However, their activities do not always correspond to their (regional) needs. Studies on employment experience and labour mobility of graduates of higher education establishments in Donetsk and Luhansk regions of Ukraine evidence of the extremely high rate of re-profiling of young graduates and / or their migration to other regions of the country or abroad. This article proposes a number of measures, including within the framework of educational reform, to be implemented to reduce youth unemployment both in the region and in Ukraine as a whole. It is noted that it is advisable to intensify the processes of supporting the initiatives of young people in post-graduate vocational training and employment, encouraging them to actively seek employment and to acquire a profession or occupation in demand in the labour market. Attention is drawn to the need for awareness-raising and education in this regard. It is argued that measures aimed at preventing the migration of scientists should be included in national policy documents. It is suggested that special attention be given to the programme approach, which should form the basis of a legal mechanism to promote the preservation of the region’s intellectual potential.

The implementation of the national strategy for the continuous training of human resources in the framework of the educational reform in Morocco

As part of the 2015/2030 strategic vision for the reform of the Moroccan education system, in-service training has taken on a key role in designing the arsenal of pedagogical and organizational mechanisms for achieving the expected objectives. Certainly, the initial training that teachers received in training centers remains fruitful, because the training curriculum is rich and focused on a range of skills, but since the educational context is constantly evolving, it is requested to the structures attached to the Ministry of Education to organize for them other types of training such as continuing professional development, knowing that the teacher, himself, must take the initiative to develop his teaching expertise. In this sense, the Ministry of National Education has elaborated the National Strategy of Continuing Education (SNFC), in which the national orientations in the field of continuing education are put forward. This strategy is the explicit expression of the ninth project, entitled Innovation in education and training and promotion of career management, which is included in the portfolio of projects implementing the provisions of Framework Law 51.17. This current project, in addition to optimizing initial training, aims to make continuing professional development mandatory and central to the professional advancement of all educational actors. JEL Classification: H52, I25, O15 Paper type: Theoretical Research

Approaches and Framework of College General Education Curriculum Reform from the Perspective of Core Literacy

Core literacy is the embodiment of the basic task of “establishing morality and cultivating people”, and general education helps universities to carry out the basic task of “establishing morality and cultivating people”. The core literacy puts forward some new approaches for the reform of general education curriculum, which include: the combination of general education curriculum and professional curriculum; The value orientation of general education curriculum is “general knowledge spirit”; The core curriculum is taken as the module as the teaching organization form of general education course; In the general course teaching, we should pay attention to the construction of “curriculum thinking and politics”. At the same time, in the perspective of core literacy, the reform framework of general education curriculum also puts forward some enlightenment: in the goal setting of general education curriculum, we should pay attention to the core literacy as the starting point and destination; In the general curriculum teaching concept, we should pay attention to the establishment of the people-oriented education concept; In the course design of general education curriculum, we should pay attention to optimizing and integrating curriculum resources; In the process of general education, we should pay attention to the combination of various teaching methods.

ФІНАНСУВАННЯ ПРОЕКТІВ ЕЛЕКТРОННОГО УРЯДУВАННЯ У КРАЇНАХ ЄВРОПЕЙСЬКОГО СОЮЗУ ТА УКРАЇНІ

Анотація. Визначено, що важливим напрямом реалізації сталого розвитку та реформи публічного управління є ефективний процес електронного урядування, який має бути забезпечений відповідним фінансуванням. Мета статті — визначення подальших можливостей фінансування електронного урядування України в рамках реалізації проєктів та реформи публічного управління з урахуванням досвіду країн Європейського Союзу для реалізації цілей сталого розвитку та цифровізації країни. Методичною базою дослідження є аналітичні дані ПРООН України, Національного агентства з питань державної служби України, Європейської Комісії, дослідження цифрового уряду Організації економічного співробітництва та розвитку. Визначено ключові фактори держави в напрямі цифрового суспільства і сталого демократичного урядування (права людини, прозорість і доброчесність, парламентська реформа, громадянське суспільство та робота з молоддю, реформа охорони здоров’я та підтримка державних закупівель, цифрова трансформація). Проаналізовано особливості фінансування Стратегії реформування державного управління України, найбільшу частку фінансування якої становить бюджетна програма «Підтримка реалізації комплексної реформи державного управління» і бюджетна підтримка ЄС. Визначено особливості фінансування електронного урядування у країнах ЄС. Обґрунтовано необхідність зовнішніх джерел фінансування цифрових проєктів в Україні через недостатнє їхнє фінансування. Визначено найбільші країни — донори з фінансування проєктів електронного урядування в Україні (Данія, Естонія, Великобританія, Швеція, Швейцарія, Німеччина і Польща). На основі дослідження європейського досвіду моделей фінансування проєктів розвитку електронного урядування визначено чинні інструменти фінансування для України (кошти спільної міждержавної стратегії розвитку, гранти, благодійність, державно-приватне партнерство) і перспективні інструменти фінансування, використання яких дозволить підвищити відкритість, прозорість та ефективність роботи державних органів і забезпечити розвиток відкритих даних. Ключові слова: електронне урядування, фінансування проєктів, цифрова трансформація, реформа публічного управління. Формул: 0; рис.: 2; табл.: 2; бібл.: 14.

Public Property Management in Russian Federation: Basic Principles (Part 2)

The article deals with problems of legal status of state (municipal) bodies and government (municipal) agencies as legal entities in the context of modern Russian treasury budget execution system and underlines the absence of the necessity for their legal entity. Within the framework of budget system reform, the paper regards the right of operational management and the right of permanent perpetual use for the state (municipal) bodies and government (municipal) agencies as anachronism, inherited from the Soviet law, and unnecessary. At the same time the author insists on merging into one institution the right of operational management and the right of permanent perpetual use for budget organizations and autonomous institutions as legal entities and proposes changes to the current legislation.

Comment on International Tax Reform Framework Discussion Draft by Senate Committee on Finance Chair Ron Wyden and Senators Sherrod Brown and Mark Warner

This comment letter addresses Senate Finance Committee Chair Ron Wyden’s International Tax Reform Framework Discussion Draft released August 25, 2021 (with Senators Brown and Warner) (the WBW Draft). The comment discusses why U.S. multinationals have competitive advantages compared to international competitors because of access to a favorable cost of capital in U.S. capital markets and other benefits of being based in the United States. Accordingly, it supports adopting the Biden Administration’s proposed international tax reforms. The comment explains why the United States should not wait for completion of the G20/OECD global minimum tax agreement. Finally, the letter makes comments directed at strengthening the WBW draft.

Public Property Management in Russian Federation: Basic Principles (Part 1)

The paper deals with problems of legal status of state (municipal) bodies and government (municipal) agencies as legal entities in the context of modern Russian treasury budget execution system and underlines the absence of the necessity for their legal entity. Within the framework of budget system reform, the paper regards the right of operational management and the right of permanent perpetual use for the state (municipal) bodies and government (municipal) agencies as anachronism, inherited from the Soviet law, and unnecessary. At the same time the author insists on merging into one institution the right of operational management and the right of permanent perpetual use for budget organizations and autonomous institutions as legal entities and proposes changes to the current legislation.

The social and physical consequences of weight stigma in obese adolescents – primary care view

Negative attitudes regarding obese adolescents are learned early in life. Weight stigmatizing experiences occur frequently in the context of personal relationships with peers, teachers, family members, and health professionals. Adolescents’ weight stigma is insufficiently considered in the obesity’s management, and this contributes to negative health outcomes and behaviors that act as obesogenic factors into adulthood. Primary care professionals provide opportunity for translating expert recommendations for healthy behavior changes of obese adolescents, having facilities and staff to implement them in the community. However, comprehensive programs for controlling body weight and stigmatizing obese adolescents are not sufficiently addressed in primary care because they require psycho-educational skills development and dedicated time. In the framework of the curricular reform of the family medicine residency program a study design in the community served by the family physician trainer and carried out with the family medicine residents involvement was included. We describe an integrative community-based educational program dedicated to the social and physical health consequences of obese adolescents’ weight stigma that should be implemented in primary care. Conclusions. Psycho-educational skills development in the future family doctors training will lead to greater efficacy in addressing emotional needs of obese adolescents. Their increased involvement in counseling parents will help better cope with their children's eating disorders and weight-based victimization.

The Sixth Sector Industrialization of Agriculture and the Relay Shipping of Vegetables in Japan

This paper aims to extract lesson from the experiences of Japan for escaping from the middle income trap which many countries in Asia and Africa confront. This paper will review in detail the efforts to increase the income levels of rural and agricultural firms by establishing a value chain under an almost zero growth economy in the 2000s in Japan. After referring to the condition of Japan agriculture and the framework of structural reform of agricultural policy of Japan, the core action schemes of the Sixth Industrialization and Relay Shipping are focused on. The mechanisms of relay shipping of vegetables and the institutions for facilitating the scheme are reviewed in detail. It is revealed that institutional capacity for greater inter-sector and government coordination are essential for implementing the schemes to establish effective and efficient value chain. These are institutional reform and capacity building efforts in Japan. Experiences in Japan reveal that various executing agencies with good governance are required to establish the mechanism of effective resource mobilization and implement reform of value chain. There have been no detail studies on implementing such reform for establishing sustainable value chain in countries where escaping middle income trap is needed. This study should be useful lesson for countries confronting the middle income trap.