Sphere Of Public Administration Research Articles

Prospects for the use of artificial intelligence in civil justice

The article discusses the general prospects for the use of artificial intelligence technology in civil proceedings as a main and auxiliary tool at the current stage of the development of this technology. The main approaches to defining the concept of artificial intelligence were studied and its classification into weak, strong and superintelligence was characterized. It is emphasized that justice is usually administered by professional judges, as high demands are placed on their legal knowledge and life experience. It is argued that equal replacement of a judge in civil proceedings with artificial intelligence technology is currently impossible. The reasons for the impossibility of such a replacement are analyzed, namely the complexity and multifacetedness of controversial private-law relations, the impossibility of taking into account moral and ethical aspects, the need for flexibility in decision-making, the problem of the nature of the initial algorithms of artificial intelligence, the transparency (motivation) of decisions, the problem of determining the guilty party in court cases errors, data protection issue. It is noted that these reasons have a technological and legal basis. A critical assessment of the state’s conceptual approaches to the development of artificial intelligence in the field of justice is provided. The directions of the auxiliary application of artificial intelligence technologies in civil proceedings, which are reduced to the automation of routine tasks, processing and analysis of large volumes of data and evidence, and increasing the accessibility of justice, are considered. It has been proven that the use of artificial intelligence technology provides better opportunities for the participants in the judicial process to realize their rights and obligations, including the processing of large amounts of information. The importance of ensuring a high level of information protection when using artificial intelligence during the administration of justice in civil cases is emphasized. The need for regulatory regulation of the use of artificial intelligence technology in civil proceedings in combination with other spheres of public administration and branches of law is substantiated. It is indicated that the wider application of artificial intelligence in civil proceedings will require new technological solutions and revision of the legal foundations of the judicial branch of government.

Digitalization and the management system of institutions in the sphere of public administration

Subject. The article addresses the management system of institutions in the public administration sector that were transformed into budgetary and autonomous under the organizational and legal reform. Objectives. The purpose is to investigate the influence of digital technologies on the management system of budgetary and autonomous institutions functioning in conditions of granting certain powers for self-regulation and self-sufficiency to the management of these institutions at the third stage of budgetary reform. Methods. The study employs universal methods of scientific knowledge, such as analysis, synthesis, generalization, abstraction, and methods of modeling, induction, and deduction. Results. As a result of granting certain powers, the management of the said institutions is actively introducing digital technologies. At the same time, the chief budget funds managers, to which these institutions are subordinate, restrict their participation only by assessment of performance indicators of the heads of institutions that include indicators for achieving quantitative digitalization results. The heads of budgetary and autonomous institutions, on the one hand, strive to achieve maximum targets, and this requires serious financial costs. On the other hand, they are placed in rather limited financial conditions of self-sufficiency, and, in the absence of freedom to choose sources of funds, they are forced to take austerity measures, as staff redundancy. In these circumstances, the most affected party is the institution's management system, which is actually collapsing. Conclusions. The main managers should develop a unified policy of functioning and development, including digital, for subordinate institutions, based on their provision with material, technical and financial resources. This obligation must be enshrined in law.

ІНТЕГРАЦІЙНІ ПРОЦЕСИ В СФЕРІ ДЕРЖАВНОГО УПРАВЛІННЯ В УМОВАХ РОСІЙСЬКО-УКРАЇНСЬКОЇ ВІЙНИ

The goal of the work. The article examines integration processes in the sphere of public administration in the conditions of the Russian-Ukrainian war. On the basis of the analysis, generalization and systematization of scientific sources, the trends of the development of integration processes in the sphere of public administration in modern conditions are highlighted, the need for further efforts in the direction of European integration is proved. Methodology. To achieve the goal, the article used methods of structuring problems, summarizing statistical data and facts, and developing strategic solutions. Scientific novelty. The scientific novelty of the article is that the author justified the steps aimed at reconstruction and effective mobilization of public administration resources to restore the ability of all levels of government, regions and municipalities of Ukraine to solve problems that bring the state closer to EU membership. In the article, the author highlights those problems that were not solved in the pre-war period of the state's development. In particular, we are talking about the need to optimize the system of state regulation, which should be aimed at promoting economic growth and increasing the level of well-being of citizens, as well as at achieving a new quality of state control, creating a "welfare state." The author proposes his own approach to solving the mentioned problems, which is based on the gradual reform of the public administration system, which should lead to a new quality of administration, bringing it closer to the European system of public management. Conclusions. It was concluded that the innovative transformation of the Ukrainian state, its transformation into a European-type state is impossible without changes in the sphere of public administration. The innovations proposed in the article will give a new impetus to the socio-economic development of Ukraine in the post-war period, creating the necessary conditions for the country's full integration into the EU by improving the public administration system. During the war, all authorities gain important experience in development planning and financing, which can be used in the post-war period to increase the efficiency and effectiveness of strategic decisions related to the rapprochement with the European Union. Nowadays, the executive authorities should build their capacity, analyze and implement the best European experience, try to adopt the style of management and communication, which is inherent in the European public administration practice.

Процеси реформування в системі державного управління в умовах російсько-української війни: адаптивний сценарій

The relevance of the chosen problem is due to the consideration that the transition to a modern system of public administration with strong institutions supported by the rule of law will require the Ukrainian government to make steps that should be undertaken during hostilities, to elaborate those strategic priorities that will direct the State towards democratization and the European integration. The article discusses integration processes in the field of public administration in the context of the russian-Ukrainian war. On the basis of the analysis, generalization and systematization of scientific sources, the tendencies of development of integration processes in the sphere of public administration in modern conditions are highlighted, the need for further efforts in the direction of the European integration is proved. The scientific novelty of the article lies in the substantiation by the author of the steps aimed at reconstruction and effective mobilization of public administration resources for restoring the ability of all levels of government, regions and municipalities of Ukraine to solve problems that bring the country closer to membership in the European Union. The article brings forward the argument that today the model of «proper governance» is one of the most attractive alternatives to the model of public administration, the implementation of which is possible in the presence of a number of conditions, the observance of which appears problematic, taking into account the problems resulting from military aggression, but, at the same time, even today the State can take certain steps to implement the model of «proper governance». At this, the basic postulates of the model allow us to say that «proper governance» is not just one of the options for public administration, but rather the philosophy of organizing life in the State, which provides for cooperation as the main form of interaction between various participants in those processes (social, economic, political, informational) that characterize the genuine diversity of the activities of the modern State. The author came to the conclusion that during the wartime, all authorities acquire important experience in development of the planning and financing, which can be used in the post-war period to increase the operativeness and efficiency of strategic decisions related to the approximation to the European Union. Nowadays, the executive authorities should build capacity, analyze and implement the best European experience, try to adopt the style of management and communication that is inherent in the European public administration practice.

ПЕТР ИВАНОВИЧ РЫЧКОВ – ПЕРВЫЙ РУССКИЙ БУХГАЛТЕР

The reign of Peter I marked a new stage in the development of accounting in Russia: bookkeeping began to be introduced into the legal state field, as a result of the reception of European accounting techniques, special accounting terminology arose, and in some government institutions a position “accountant” was introduced to maintain account books. Accounting historians have not yet come to a consensus on who should be considered the first Russian accountant. This article proposes to consider the prominent scientist-historian, geographer and economist Pyotr Ivanovich Rychkov (1712–1777) as such a person, describe his life path and provides facts about the professional activities of P.I. Rychkov, which served as the basis for the author’s conclusions. The research was carried out on the basis of archival materials stored in the St. Petersburg Institute of History of the Russian Academy of Sciences, the State Archive of the Orenburg Region, the Russian State Archive of Ancient Acts, and the Central State Historical Archive of St. Petersburg. According to the authors, with his literary works, Pyotr Ivanovich Rychkov made a significant contribution to the development of accounting in Russia. His activities were always aimed at streamlining and rationalizing accounting, which corresponded to the general spirit of reforms in the sphere of public administration of the 18th century.

Public Participation: International Standards аnd Perspectives for Ukraine

Topicality. In Ukraine, there are still no scientific works, the subject of which would be the basic principles of public participation, the issue of its legislative support and the adjustment of the work of its mechanisms, as well as the tools of such participation. Even less researched is the direction related to the online participation of citizens in the management of state affairs. In the conditions of martial law and the post-war reconstruction of Ukraine, the study of international standards and foreign experience in ensuring the effective participation of citizens in public administration and the borrowing of proven successful experience, taking into account the specifics of the legal system of our state and the peculiarities of the sphere of public administration, is relevant and provides prospects for the development of participatory democracy in Ukraine. The purpose of the article. Analysis of the experience of experts from different countries of the world in ensuring citizen participation in public administration, determining the advantages and disadvantages of various models of setting up government-public communications, as well as outlining domestic prospects for the development of public participation in administration in Ukraine. Research methods. The research uses general scientific and special methods of scientific knowledge. The purpose and tasks of the research include analysis and synthesis of information, comparison of foreign approaches to understanding public participation and its mechanisms, description of international standards in this area, as well as formulation of author's conclusions on specific issues, recommendations for theoretical and practical use. Results. The theoretical and practical aspects of ensuring the effectiveness of citizens' participation in public administration are analyzed. International standards in this area, the best foreign approaches and practices, and promising directions for the development of participatory democracy in Ukraine are outlined. The significance of the results. The findings contained in this study can be applied during the improvement of the national legislation on the participation of citizens in the management of state affairs and the implementation of legal provisions on effective public influence on public administration.

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.

The subject matter of administrative law as a basic category For distinguishing sectoral principles of administrative law

Problem setting. Administrative law as a fundamental branch of public law is a necessary tool in regulating the activities of public administration bodies, public organizations, enterprises, institutions, and organizations. Its influence is constantly felt by specific individuals. Norms of administrative law protect relations formed under the influence of civil, labor, financial and other branches of law. In recent years, administrative law has been in a state of transformation, a new ideology of relations between the state and the citizen is being formed, the administrative legal doctrine is undergoing fundamental changes, and administrative legislation is being updated. As a result, administrative law has turned from the law of state management into a branch that normatively defines and regulates the rights and obligations of public administration in relation to subjects of civil society. Analysis of recent researches and publications. A significant number of scientists dealt with issues of administrative law, its subject, principles, among which it is worth mentioning the works of such scientists as: V. B. Averyanov, Yu. P. Bityak, V. V. Galunko, R. S. Melnyk, A. A. Pukhtetska and others. However, despite the rather large number of works, questions related to the generalization of scientific positions, which highlight the subject of administrative law as a basic category for determining industry precepts, remain in most cases outside the attention of researchers, which makes it possible to talk about the need to carry out such research. The purpose of research is to clarify the role of the subject of administrative law as a basic category for determining the branch principles of administrative law. Article’s main body. The article is devoted to the peculiarities of the subject of administrative law as a fundamental criterion for determining the principles of administrative law. Of fundamental importance for updating the concept of the subject of administrative law were two theoretical conclusions that were made in the development of the ideas of the Concept of Administrative Reform in Ukraine. The transformation of the subject of administrative law is a factor in updating the content and classification of the principles of administrative law. The subject of administrative law is social relations that arise for the purpose of realizing and protecting the rights of citizens, creation of normal conditions for the functioning of civil society and the state. It follows that the main task of administrative law is to create a priority of legal conditions for ensuring by public administration the rights, freedoms and interests of man and citizen in the sphere of public administration. The subject of administrative law is a wide complex of social relations that arise in connection with the implementation of the functions of the state executive power, the content of which is the management of society. Ukraine’s new management model (with adapted principles of Good Governance) should be aimed at maximizing the scope of public participation in governance, ensuring that economic, social and political priorities are based on consensus in such a way that the voices of all citizens, even the poorest and most socially disadvantaged population groups were taken into account when making state decisions. The article emphasizes the fact that principles are the leading category in the administrative law of all continental European countries. The principles reveal the content of law, reveal the essence of law, its foundations, as well as the regularities of social life and needs, and highlight trends. In the theory of law, the principles of law mean the most general and stable requirements that contribute to the establishment and protection of social values, determine the nature of law and the direction of its further development. Conclusions and prospects for development. The principles of law are a natural phenomenon of legal science, which in their essence are universal and reflect modern approaches to their interpretation. In modern conditions, the principles of law have a universal character, as they must be taken into account by law-making subjects during the creation of norms for the legal regulation of social relations. The peculiarities of the subject of administrative law provide grounds for a new approach to updating and characterizing the principles of administrative law resulting from interdependence and influence on each other.

Legal regulation of the digital environment: digitization of the state-legal and law enforcement sphere

The rapid development of society and the impact of information technology have significantly changed the legal field and contributed to the creation of a legal framework for the digital environment. Successful development of digital relations in Ukraine requires effective legislative regulation. The favorable appearance of this process is determined by effective strategic planning, active participation of the government and an appropriate legal framework. From this point of view, it is considered important to consider issues of legal regulation of the digital environment in the context of the activities of state and law enforcement agencies. The purpose of the work is to research the regulatory and legal provision of the digital environment with an emphasis on the regulation of digitalization of state legal and law enforcement activities. Research methodology includes such methods as: historical, systematization, analysis and synthesis, structural-functional and comparative analysis. The result of the scientific analysis of scientific research and regulatory and legal regulation of the relevant relations was the study of the legal plane of digital transformations in Ukraine. Internal legislative norms were studied, relevant laws aimed at digitization were analyzed, their purpose was determined; the existing legislative basis for building a digital society and economy in Ukraine is highlighted. The analysis of strategic documents on digitalization in the spheres of public administration and law enforcement was carried out. The internal concepts of the development of e-government have been studied. The experience of foreign countries in the regulation of the digital environment and electronic management was studied, progressive means of regulation of the studied issues abroad were determined.

ГРАЖДАНСКОЕ ОБЩЕСТВО КАК СОЦИОКУЛЬТУРНЫЙ И ПРАВОВОЙ ФЕНОМЕН

The article is devoted to the consideration of civil society as a socio-cultural and legal phenomenon. The author notes that civil society is a democratic association of free citizens who organize their interests outside the spheres of public administration. In the European Middle Ages there was another important segment of civilizational identity, which, despite its initially quantitative insignificance, became the leading factor in the development of the entire socio-political and legal life. The author comes to the conclusion that the very emergence of civil society was due to its legal certainty. Civil society in its classical form is a very complex phenomenon, it is not only a political, but also a legal phenomenon. Several provisions originating in the European Middle Ages, and operating today, constitute its essence.

Modern organizational innovations in the sphere of public administration

In this article modern trends of organizational transformations in the sphere of public administration in Russia are considered. The author analyzes the goals, objectives and approaches to reforming the system of public administration in the context of the regime of unprecedented sanctions, emerging new economic reality.

Legal role of artificial intelligence in institutionalization of public governance

This article explores the legal role of digital systems in the institutionalization of public administration in the context of decentralization, with a focus on the role of artificial intelligence (AI) in state management processes. The objective of the article is to define the legal role of AI and organized computer systems in state management processes and public administration. It identifies the factors that contribute to or hinder the effectiveness of integrating digital systems into legal institutions and relationships in Ukraine, with a specific determination of their distinct legal status. The research adopts a neo-institutional approach to analyze the legal institutionalization in various spheres of public administration. The article examines factors and elements that limit the effectiveness of AI usage in legal institutions during the process of decentralization and redistribution of executive powers, as well as in building a new quality of interaction with citizens and civil society. This material can serve as a foundation for studying ways to intensify the involvement of AI-based engineering systems in legal institutions in various aspects of public administration. Ukrainian scholars are encouraged to actively research the opportunities and challenges associated with AI implementation in public administration. Firstly, it is crucial to investigate the legal framework regulating the utilization of AI in state structures and institutions. Active collaboration with human rights organizations and other stakeholders is essential to ensure compliance with transparent and ethical standards in AI utilization in governance. Additionally, researchers should provide recommendations on establishing mechanisms for monitoring and auditing the implementation of AI to ensure its efficiency and compliance with legislation. Such an approach will contribute to the successful institutionalization of public administration using AI and promote the development of a modern and efficient system of state governance in Ukraine.

M. M. Speransky’s Administrative Reform Projects in a Comparative Retrospective of the Reigns of Alexander I and Nicholas I

This article studies the reforms and reformist searches in the sphere of public administration during the reign of Alexander I and the beginning of the reign of Nicholas I, the successive and distinctive features of the government reform policy in the context of the project activity of M. M. Speransky. The author focuses on determining the reasons for the actualization of transformations in the system of the higher and central apparatus between 1802 and the early 1830s, analysing the specifics of the modernization process in different periods of the institutional development of Russia, identifying similarities and differences in the “administrative structure” of Alexander I and Nicholas I. It has been established that, in general, the official reformation in the field of public administration in the first third of the nineteenth century, based on the theoretical and conceptual framework developed by M. M. Speransky, was consistent, systemic, and interconnected and was an integral part of the modernization of Russian statehood. The author demonstrates that the transformational searches of the beginning of the reign of Nicholas I reflected in the activities of the Committee on December 6, 1826, and being a logical continuation of the reforms of Alexander I, were aimed at creating an effective, unified, and rationalized management system of absolutism of the New Age. The administrative transformations of the two epochs were subject to legislative reform and were an integral part of two models of relations between the government and society, Alexander and Nicholas, respectively.

Readiness for management in crisis situations in the sphere of public administration

The article examines the phenomenon of readiness to manage in crisis situations in the field of public administration. The multifacetedness of this concept is emphasized, which is manifested in the combination of approaches to the study of the activation of its potential both in the conditions of a certain situation (crisis conditions) and in the conditions of a certain activity (public administration). It is noted that a crisis situation is a situation of human activity, and therefore a condition for realizing readiness for management. The definition of preparedness for management in crisis situations in the field of public administration is given as the level of preparation and ability of public servants to effectively respond to unforeseen and extraordinary circumstances that may arise in the course of their professional activities. It is noted that when studying the readiness for management, we study the potential of the internal resources of the individual, the activation and implementation of which are facilitated by the developed components of readiness: motivational and valuable; personal; cognitive; activity; reflexive; creative It is noted that the implementation of readiness for management involves overcoming the barrier between the actual and potential resources of the individual. It is emphasized that the readiness to manage complex social systems in crisis situations is correlated with the readiness for changes in these systems. Four systemic components of the phenomenon of readiness to manage in the field of public management in crisis situations were studied: situational, subject (reactive), organizational-professional and effective. It was concluded that the readiness of public servants to manage in crisis situations expresses the general orientation of the subject of management to a certain activity, reflecting his active and creative relationship to the surrounding reality and to himself.

Modalities of protection of the rights of individuals according to the administrative-procedural order and in legal-administrative procedures

The object of the research was to consider the methods of protection of people's rights according to the administrative-procedural order and also in administrative judicial proceedings. A number of normative legal acts regulating the use of tools for the protection of subjective public rights were considered. Attention has been drawn to the following methods of protection of people's rights, according to the administrative-procedural order and in administrative judicial proceedings: administrative procedure; administrative mediation; administrative appeal; subjecting guilty public administration officials to special disciplinary liability; compensation for damage caused by unlawful actions (inaction) of public administration entities; means of self-defense and legal means of protest. The methodological basis of the research was presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. It was concluded that in the scientific literature it is very often the case that protection methods are not used, but tools, means and forms. The authors also examine the methods of protection of rights, freedoms and interests of individuals in the sphere of public administration.

ПРИНЦИПИ ЄВРОПЕЙСЬКОГО АДМІНІСТРАТИВНОГО СУДОЧИНСТВА

The article examines the principles of European administrative justice in the context of the European Convention on Human Rights, the recommendations of the Committee of Ministers of the Council of Europe and the case law of the European Court of Human Rights and other international legal acts on the protection of human rights and freedoms. The methodological basis is the dialectical method of cognition. Given the complexity of the research subject, systematic logical, historical, sociological, linguistic, comparative and other research methods used. The principles of: effective legal protection, independence of the court and courts are characterized; fair trial; equality of procedural opportunities; disclosure of materials, competitive hearing; public announcement of a court decision, hearings in the process (right to be heard); public hearing; mandatory execution of a court decision. It noted that the principles of European administrative justice establish the regularities of the process of resolving public legal disputes in the field of public administration. European principles in the field of administrative proceedings defined as principles contained in acts of different legal nature in the field of justice, protection of human rights and freedoms. The principle of effective legal protection is fundamental in the system of principles of administrative proceedings, as it intended to ensure rights and freedoms in the process of resolving disputes in the sphere of public administration. The principles of European administrative justice are a systemic entity, interconnected and complementary. The legal system is a multidimensional phenomenon from the standpoint of both structure and functional orientation, development of internal and external relations. Because of this, it needs an adequate conceptual and categorical definition. In this regard, the situation in the theory of law is unsatisfactory. This is a structured organization of legal norms, united based on the subject, method and principles of legal regulation in the field of administrative proceedings for the effective regulation of social relations in public administration.

MULTI-LEVEL GOVERNANCE IN THE CONTEXT OF THE IMPLEMENTATION OF EUROPEAN POLICIES REGARDING THE DEVELOPMENT OF UKRAINE AT THE SUBNATIONAL LEVEL

The article examines the institutional foundations of the formation and features of the use of the concept of multi-level governance, the determination of methodical approaches to the formation and possibilities of applying an integrated approach to multi-level governance at the subnational level in the context of the implementation of European policies on the development of Ukraine. It has been found that the role of sub-national structures in European politics is becoming increasingly independent and may partially depart from the direct influence and control of national governments. At the same time, regionalization, which took place in a number of leading European countries, ultimately contributed to the decentralization of political power and the transfer of significant powers from the national to the subnational level. The most significant principles of multi-level governance are defined, which should include: transparency and openness of the process of development and adoption of political decisions; compliance with the principles of subsidiarity, inclusiveness and proportionality within this process; comprehensive protection of basic individual rights; development of partnership with the participation of institutions and persons of both public and private law; achieving management efficiency and budgetary balance at all levels of multi-level governance. The principle of partnership in the system of multi-level governance provides for the equality of different levels of power within the European Union, as well as their recognition of mutual democratic legitimacy. The specified principle also provides that the supranational, national and subnational levels of government should develop cooperation, which is carried out on a voluntary and mutually beneficial basis. It is emphasized that the institutional capacity of the governing bodies of the subnational level is the ability of these bodies to effectively, competently and stably perform their functions and powers. This concerns the legal, resource capabilities, competences of the relevant bodies and their ability to coordinate collective actions in the direction of promotion and implementation of public projects and public initiatives that are significant for society. It provides for effective partnership and coordination of relevant bodies, including with government institutions; interdepartmental partnership and coordination; increasing one's own capacity in the field of finance and in the provision of public services in accordance with the principles of subsidiarity and inclusiveness; partnerships and coordination outside the sphere of public administration; as well as audit, evaluation and citizen feedback. Attention is focused on the fact that the consolidation of efforts, that is, the joint interaction of local state authorities and local self-government bodies, is an important condition and at the same time a means of implementing democratic, decentralized management of territories and a condition for proper multi-level governance in the context of the European integration goals and objectives of Ukraine. The implementation of such cooperation will ensure the effectiveness of the mechanism of interaction between executive authorities and local self-government bodies; establish high-quality interaction of local authorities with territorial divisions of central executive authorities; to increase the professional level of employees of local state administrations; regulate the legal status of heads of local executive bodies; to ensure the provision of services to the population of appropriate quality.

ПРЕДЕЛЫ УСТАНОВЛЕНИЯ ПРАВОВЫХ ОГРАНИЧЕНИЙ В СЛУЖЕБНОЙ ДЕЯТЕЛЬНОСТИ СОТРУДНИКОВ ПОЛИЦИИ

The article reveals the special legal status of a police officer and the concept of "legal restrictions", analyzes the limits of restrictions of rights and freedoms established by law in relation to police officers, and also examines legal restrictions acting as a regulator of the sphere of public administration and the exercise of public power, the article examines in detail the requirements of anti-corruption legislation as a form of regulation of public power.

Administrative justice as a way of ensuring public order

In the article, from the point of view of the modern theory of administrative law, administrative proceedings considered as a way of ensuring public order. The methodological basis of the article consists of a systematic approach and a system-functional analysis. The category «public order» considered. Attention drawn to the lack of a single theoretical approach to defining the concept of «public order» in administrative law. The problematic aspects of the category «public order» are considered, the legislation and judicial practice are examined, which allow us to conclude that there is no unified understanding and theoretical approach to the definition of the concept of “public order” in administrative law. It proposed to understand public order as an administrative-legal institution that ensures the supremacy of the law in the sphere of management. Public order is a complex construction of law, the content of which is important, as it allows identifying the sphere of administrative activity of the state in public management, to separate administrative activity from judicial activity in the context of administrative justice. It indicated that general local and administrative courts and the system of commercial courts carry out administrative proceedings within the current judicial system. According to the current legislation, disputes related to the administrative responsibility of legal entities and individual entrepreneurs handled in the commercial court. Administrative proceedings in commercial courts is a field of judicial activity introduced as a means of judicial control in the field of public legal relations, but the specified activity must be conducted within the scope of administrative proceedings. Proceedings in cases of administrative offenses are assigned by the legislator to the competence of executive (public) authorities, occupy a separate place in the sphere of public administration, are not a function of the judiciary from the point of view of the current legislation of Ukraine and scientific views on administrative and jurisdictional activity that take place in scientific circles countries of the European Union.

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.