Public Administration Tools Research Articles

Admistrative and legal tools in the activities of the cabinet of min- isters of Ukraine

Based on the analysis of normative-legal acts and certain scientific-methodological sources, the article under studies identifies the typical tools, applied by the Cabinet of Ministers of Ukraine in the course of administering its powers. Proper organization and quality legal regulation of the competence, legal forms and methods of the Cabinet of Ministers of Ukraine are of great significance since they affect public relations and the growth of population’s welfare, which is the Cabinet’s main purpose and task. The above considerations require the search for modern democratic and legal approaches to determine the forms of activity of the Cabinet of Ministers of Ukraine. In our opinion, this might be achieved through analyzing various scientific and methodological sources, normative-legal acts on the issue, as well as by means of articulating proposals regarding the improvement of the existing legislation, which in turn, will ensure effective implementation of public policy in Ukraine. The issuance of resolutions and orders of the Cabinet of Ministers of Ukraine is a procedure carried out in a certain sequence. It aims at achieving a clearly defined legal result and requires specific regulation through procedural rules. This procedure is carried out within the framework of two proceedings: a) on the issuance of resolutions and b) on the issuance of orders of the Cabinet of Ministers of Ukraine. In its activities, the Cabinet of Ministers of Ukraine applies various legal forms, which can be defined as ad-ministrative and legal tools. Therefore, it is essential to bring the legislation of Ukraine in line with the European standards, in particular in terms of normative-legal consolidation of the tools of public administration, with the aim of avoiding the use of such outdated concepts as “forms of governing”, “forms of state governing”, etc.

INSTRUMENTS OF PUBLIC ADMINISTRATION ACTIVITY REGARDING DISCRETION IN APPLYING PROVISIONS OF FINANCIAL LAW

Introduction. In the latest practice of law enforcement in financial law, the institution of discretion is widely used for taxation and public financial policy in terms of exercising the powers of regulatory authorities and taxpayers. At present, there is no standard procedure for exercising discretion in applying the provisions of financial law: 1) how and on the basis of what discretion is to be exercised; 2) criteria and sequence of analysis; 3) comparison of facts with the rule of law; 4) consequences of coincidence of fact / norm; 5) evaluations by criteria; 6) interpretation; 7) justification; 8) formation of conclusions; 9) giving similar legal positions; 10) how to make decisions within the discretion. The main problems with the improper exercise of discretionary powers to apply the rules of financial law are related to the insufficient quality of public administration instruments through which law enforcement and influence on private law entities are exercised. Additional research requires the formulation of clear limits on applying the provisions of financial law in the procedural dimension. A mechanism for exercising discretion in the application of financial law is to be developed in the dimensions of procedure and legal proceedings. The goal of the article is to reveal the essence of the tools of public administration on discretion in applying the provisions of financial law. Summary of the main results of the study. Firstly, the types and features of the tools of public administration regarding discretion in applying the provisions of financial law have been outlined. Within the relevant legal regimes and dispositive procedural dimension of discretion in applying the provisions of financial law, the instruments of public administration are a means of public legal influence on the subject of financial law in order to ensure stability and unity of law enforcement practice. Secondly, the supporting role of the procedural instrumental measurement of the public administration activity has been clarified. For law enforcement in financial law, only the interfering component is not enough to properly ensure the rights of a person to property, the exercise of the legitimate interests of taxpayers, participants in customs, anti-dumping and other legal relations. The implementation of public financial policy is associated with purposeful structuring influence on the subject of law within specific legal relations with the observance of public interest in maintaining law and order. Thirdly, the prospects of automating decision-making in discretionary relations, in particular, through the digitalization of processes. Conclusions. The instruments of public administration influence financial relations, creating a basis for satisfying the public interest of the state and private interests of taxpayers, as well as the supranational European integration interest. Via such tools, the regulatory function of financial law is embodied in the practice of law enforcement and the task of implementing discretionary relations in compliance with the principle of the rule of law is achieved. The tools of public administration on discretion in applying the provisions of financial law include: basic (regulations and administrative acts); auxiliary or facilitating (acts-actions, acts-plans, administrative agreements). In their unity and interaction, lawful and effective law enforcement is possible, taking into account the public interest of the state, public needs and private interests of subjects of private law.

Foresight as a tool of public administration in the field of science, technology and innovation

Given the growing role of technological foresight as a tool for reconciling visions, goals and ways of STI development in an era of rapid technological change and global challenges, the approach to foresight research to select priorities for science and innovation in Ukraine for 2022–2026 has been improved. It takes into account a wide range of national targets for achieving SDGs by 2030. The developed Methodological recommendations provided a thorough analysis of more than 3,000 potentially acceptable technological and innovative proposals. The approach to setting STI priorities is new for Ukraine and involves a consistent process of selecting the top 30 most acceptable proposals in each of the seven thematic areas through five stages of discussions and evaluations. The result was the formation of a database of technology passports and developments on the experts’ proposals, their selection by practitioners, ranking, evaluation in terms of the potential of Ukrainian science and relevance in terms of world science and new technologies using international databases. They are the basis for decisions by the Expert Councils and the High-Level Working Group on key thematic areas and the preparation of a relevant draft government decision. Despite the conditions of quarantine, for the first time more than 2,500 experts from science, business, state and public organizations took part in the discussions, which is the basis for impartial and public decision-making. To strengthen the role of foresight as a tool for public planning and management in the field of STI, it is proposed to develop a STI roadmap as part of a research and innovation strategy for smart specialization (RIS 3) at the national level.

РОЛЬ СИСТЕМЫ НАЛОГООБЛОЖЕНИЯ В ФОРМИРОВАНИИ ДОХОДОВ ФЕДЕРАЛЬНОГО БЮДЖЕТА РФ

The main source of formation of the federal budget is taxes and fees. These funds are financed by state and social programs, ensure the integrity of the structure, as well as the existence and functioning of the state itself. Among the revenue revenues to the budget of the Russian Federation, almost half are tax revenues, which in turn consist of various taxes and fees. The relevance of the study lies in the fact that the state's position in the world community largely depends on tax revenues to the federal budget. Thanks to the tax system, the state accumulates funds and redistributes income. Due to the existing problems that currently arise in the Russian Federation on the path of market changes, the increasing importance of the budget as an effective tool of public administration that affects the economic processes taking place in the country is becoming increasingly obvious.

Realni akty yak instrument publichnoho administruvannia

In the article the phenomenon of real acts as a public administration tool is researched. The consolidation of public administration tool «real acts» was first embodied in the German doctrine of administrative law. The scientific research of real acts in the Ukrainian administrative law hasn’t yet received the necessary results. It’s formulated the definition of real acts as informal decisions or actions of public administration bodies which are adopted or committed outside the legal regulation of administrative activities and aimed at communication with private persons. It’s determined the legal features of real acts: 1) they are informal decisions or actions of public administration bodies; 2) the purpose of their application is to inform private persons about socially significant information or to reach a consensus between public administration bodies and private persons during the administrative procedure; 3) their content doesn’t reflect the final result of the power influence of public administration bodies; 4) they are additional illegal means of communication of public administration bodies with private persons; 5) may be appealed in court in case of violation of the rights, freedoms or interests of private persons. It’s noted that the real acts for the legal nature and form of adoption (committed) aren’t administrative acts. It’s concluded that real acts complement the system of public administration tools and reflect the part of administrative activity of public administration bodies, which doesn’t have a legal formalization. The use of real acts by public administration bodies allows to increase the efficiency of relations with private persons during the occurrence of administrative procedure relations. The real acts aren’t legal facts that can lead to the dynamics of administrative legal relations, but their application may be subject of court legal proceedings to protect the rights, freedoms and interests of private persons with public administration bodies. Administrative procedural legislation of Ukraine should contain provisions on the possibility of applying real acts in order to expand the possibilities of public influence of public administration bodies on various spheres of public administration.

State regulation of the healthcare management system as a strategic imperative in the context of external challenges

The study identified key factors in the effective management of the health care system. Emphasis was placed on defining mechanisms and tools for public administration of the national health care system, which determine profound systemic changes in the reform of the industry and developed an improved methodology for assessing the results of effective development of public administration mechanisms through the transformation of procedures and rules governing the interaction of agents. market of medical services of Ukraine. These provisions, in fact, necessitate an analysis of the development of public administration mechanisms in the field of health care in Ukraine as a subject of study, and their interaction in the process of systemic changes in the industry to establish links between major categories. Based on the analysis of the results of the study, the current state of the health care system of Ukraine as a prerequisite for the modernization of the medical sector and increase its competitiveness. State regulation of the health care system should be divided into specific types of regulatory actions that would determine the subject, content, structure of the object of regulation and other parameters. The system of public administration is a set of rules, laws and procedures governing the interaction of participants at the national level. The determinants of the development of mechanisms of state management of the medical sector of Ukraine (socio-political, economic, demographic, socio-cultural) are determined and substantiated. The main reasons that hinder the development of the market of medical services in Ukraine are identified and the main directions and tools for overcoming these obstacles are outlined. The concept of systemic transformation of public administration mechanisms in the field of health care is substantiated, which defines the basic principles, among which are decentralization, democratization, self-regulation, autonomy, intensification, optimization of functions, which provides for diversification of ownership, sectoral governance reform, improving regional governance, financial reform, etc.

Theoretical and Methodological Foundations of Urban Areas Spatial Development

The established experience of socio-economic development is largely based on the territory’s urbanization. Cities are becoming the main points of development. They concentrate managerial, financial and human resources, and create the prerequisites for a post-industrial shift. The remaining territories – satellite towns, rural areas – have become supporting and supplying elements of urban development. However, any urbanization process has its limits: the intensive path of city development at a certain stage begins to fail and ceases to create favorable economic and social effects. The negative consequences of such growth - from environmental to infrastructural ones - are increasing. The purpose of the article is to analyze the evolution of methodological, theoretical aspects of spatial, agglomeration development, urban agglomeration development under the influence of driving forces. Spatial development is an activity in the direction of managing the territories devopment, as an integral object of regulation, which includes the tools of public administration. Urban agglomeration is a highly developed spatial form of integrated cities. This happens when relations between cities shift from competition to competition and cooperation. There is no unity in methodological approaches in the ongoing research on agglomeration, spatial development, and competition. The current review examines the main approaches to the allocation of productive forces, the theory of regional development, spatial, agglomeration development, in an attempt to give a theoretically and practically justified definition of territorial development in the context of increased interregional competition. The formation of a methodology for studying the problems of spatial development of the national economy and the development of an effective strategy for agglomeration development in the national economy should be largely carried out in the direction of an organic combination of various theories of space research and the use of appropriate tools for their practical implementation. The definition of the methodological foundations of the territory is not only of scientific and theoretical importance. The territory in the market conditions is the subject of economic relations. The management of an integrated territory and agglomeration in the face of increased interregional competition for resources and consumers requires the definition of the organic structure of the region - the system and mechanisms of territorial management, including organization, planning, regulation and control.

Public administration tools: Forecasting vs Designing

The article discusses the expediency of abandoning the tool of social forecasting in the practice of public administration in favor of planning and design methods. The methodological basis rests on the conceptual imperative of the impossibility to produce adequate forecasts in the modern world, which is supported by such respected researchers as Douglas North, George Soros, Nassim Taleb and Arnold Toynbee. The fairness of this thesis is illustrated using methods of comparison and analysis. The study analyses the main factors that cast doubt on the possibility and expediency of preserving the tool of social prognostics: the failure of the scenario forecast format; the need for foreknowledge of events rather than values of traditional macro-parameters; the extension of Arnold Toynbee’s principle from a historical retrospective to studying the prospects; the economic growth rate indicator (GDP) losing its indicative universality and the emergence of alternative measures of social development (Gross National Happiness, culture and environment preservation); critical attitude of the intellectual elite to the possibility of social forecasting; unreliability of the source statistics; the expectation of the end of economic growth, a change in the development regime and quantitative forecasting devaluation by the leading experts – Douglas North, Robert Lucas, Tom Piketty, Richard Heinberg; the completion of the mission of capitalism in the form of the Neo-Malthusian trap and robotomics (mass introduction of robots to the economy). The authors prove that amid fading interest in traditional forecasting, alternative prognostication methods are emerging, such as planning, designing, futurology, foresight and strategic intelligence. Devaluation of forecast tools leads to the need to change the old doctrine of public administration, based on forecast documents, to a new one implying a transition to active construction of the future through directive designing and planning. The theoretical and practical significance of the study lies in substantiating the principles of a new management system: expanding the planning and design horizon (up to 30 years); introducing a mechanism for implementing plans and projects; introducing mechanisms for pre-project foresight; creating a twolevel economic management system; and moving from the quantity paradigm to the quality one.

Normative and individual acts as tools of public administration activity in the field of television and radio broadcasting

Normative and individual acts as tools of public administration activity in the field of television and radio broadcasting
 The article highlights the essence of normative and individual acts of subject of public administration used in the field of television and radio broadcasting. Emphasis is placed on the need to take into account current trends in national legislation and the views of European scholars on the transformation of the institution of forms of government in the institution of tools of public administration.
 It is noted that the administrative actions of subject of public administration aimed at ensuring the public interest can take a variety of external forms, and thus take the form of tools of public administration. The general features of public administration tools are singled out, among which: competence of subject of public administration, standardized form, possibility of appeal; as well as a comparative characterization between normative and administrative acts as tools of public administration, the main difference of which is determined by the range of persons covered by the act and the possibility of its repeated application.
 It is necessary to issue regulations by subjects of public administration in the field of television, which is a by-law that aims to decipher the abstract provisions of laws and give them a specific and holistic content. It was found that the issuance of regulations is an effective operational way to regulate the dynamic legal relations in this area.
 It is determined that the result of consideration and resolution of administrative cases in a certain order, which arise during the implementation of the relevant subjects, public administration in the field of television and radio broadcasting is the adoption of individual acts, which in turn are the basis for the emergence, change and termination of administrative legal relations in the field of television and radio broadcasting.
 Attention is paid to the fact that administrative law enforcement as a form of activity of subject of public administration in the field of television and radio broadcasting is aimed at individualization of legal norms in relation to specific subjects and specific life circumstances. Such activity is characterized by the issuance of individual acts, which is the result of consideration and resolution of administrative cases opened in a certain order.

THE IMPORTANCE OF FINANCIAL LEVER IN THE MANAGEMENT OF ALTERNATIVE ENERGY DEVELOPMENT

The use of renewable energy in Ukraine is steadily increasing year by year. This is facilitated by the annual doubling of financial investment in energy production using alternative sources. There are many tools to manage the development of alternative energy. But the most influential are financial and credit instruments. The improvement of technology reduces the cost of capital and operating costs. But the issue of tariffs, benefits, availability of bank loans and their rates is in the hands of state regulators. The paper also analyzed the prospects for market development. The projection results for the period 2020—2035 presented in the article indicate significant changes in the consumption of fuel and energy resources by their types. The analysis of the forecast data proved that the predicted results can only be achieved by doubling the use of renewable energy during this period. This result can be achieved if alternative energy development management is applied. The need to manage the development of alternative energy in its different forms requires the use of appropriate methods and tools of public administration. Therefore, the classification of ways, tools and methods of development management has become extremely important. This classification proposed in this paper allows us to apply a systematic approach to the selection of effective tools, ways and methods of managing the development and modernization of efficient production and use of energy using renewable energy sources. It is established that the average profitability of alternative energy projects is ~ 20% and the payback period is 5-6 years. To compensate for the technological and economic shortcomings of certain types of energy production, it is proposed to optimize costs by investing in their integrated use. To encourage investment in alternative energy projects, it is proposed to introduce competitive energy purchases in the market. According to the calculations, it is possible to reduce the «green» tariff by 10% and then reduce it by 2.5% annually for three years. The combined «green» tariff for solar and wind energy installations of households should be 0.1228 EUR / kWh.

ON THE DISADVANTAGES OF LEGAL REGULATION OF STATE PROGRAMMING AS A TOOL FOR THE IMPLEMENTATION OF THE PLANNED POLICY OF THE STATE

The article discusses problems of determining the place of state programs in the system of state planning documents, a scientific study of the main characteristics of strategic and current planning and their comparison with the main elements of state programs is carried out, a comparative analysis of the most common tools of state planning and programming performs. Conclusions and proposals for improving the efficiency of state programming as a tool of public administration are presented. Specific examples of contradictions in the legislation on state programming, the lack of interconnection of benchmarks of goal-setting documents and state programs are considered. It is concluded that the main reason for the low efficiency of state programming is the absence of the main goal-setting document – the Strategy of socio-economic development of the Russian Federation. Proposals are made on the need to adjust the law on strategic planning, eliminate contradictions and gaps in the legislation on state planning and programming, link benchmarks in goal-setting documents and strategies at the level of the macroregion and regions. These conclusions mean a special scientific relevance of the article and can be used by representatives of authorized bodies to solve problems of the effectiveness of state planning.

СУТНІСТЬ АНТИКРИЗОВОГО УПРАВЛІННЯ ТА ПРИНЦИПИ ЙОГО ЗДІЙСНЕННЯ

The article considers the issues of that arise in systems of various kinds, primarily in the social systems to which the state belongs. Therefore, in the conditions of constant transformations of the socio-political system of Ukraine, the process of development and use of effective methods and forms of anti-crisis measures is relevant. Any social system operates under conditions of certain risk and uncertainty. Under conditions of instability of internal and external conditions, the levels of risk factors and uncertainty increase and the activity of this system may be ineffective and cause a new crisis. Since the state is also a social system, crises at the national level can occur in any country at any stage of its development and be caused by both external and internal conditions. The state's efforts in should focus on finding ways to maximize the preservation and use of existing scientific and technological potential, human capital, and social support for reforms. The purpose of this article is to explore and analyze the concept of crisis management and to define its basic principles in terms of public administration. The article analyzes various definitions of crisis as well as considers the stages of the life cycle of design, implementation and of complex systems in terms of and various aspects of public administration. The state, as a social system, is also experiencing cyclical development and decline, so the process of managing the social system (state) must always be anti-crisis. The process of is consciously built on the criteria of rationality, use of resources, maximum efficiency, time savings. The main task of is to identify in time, quickly work out possible options for action, choose the best option and effectively implement it in the system, preventing the accumulation of critical crises. Therefore, the most justified is the systematic and comprehensive use of available tools of with the restrictions imposed by the current situation, regulatory support and resource constraints. At the same time, the possibilities for the application of one or another tool of public administration (regulation) depend on the type of economic system, which is taken as the basis for building a social system (state). Key words: cyclical development and crises, social system, state, anti-crisis management, mechanisms and tools of anti-crisis management.

City branding as a tool of public administration

City branding as a tool of public administration

ПУБЛІЧНЕ АДМІНІСТРУВАНЯ ТА ДОСЯГНЕННЯ ЙОГО РЕЗУЛЬТАТИВНОСТІ Й ЕФЕКТИВНОСТІ

This article highlights current issues of effectiveness and efficiency of the public administration system. Using systemic and synergetic approaches, methods of analysis and synthesis, induction and deduction, comparative analysis it is established that the effectiveness of management is a result compared with the cost of achieving it (they include not only direct costs of management, but also implementation management decisions). At the same time, the tools of public administration can be divided into four types: organizational structures; belief; rules; financial resources, and their capabilities – two: external, which include the legal framework, leadership and resources, and internal in the composition of people, processes and strategies. At the same time, its effectiveness should be assessed in two ways: on the one hand, by assessing the available opportunities and the extent to which they are used to achieve organizational results (socalled internal efficiency), and on the other – by assessing the final achievements (external). The organizational results of public administration should be considered in two aspects. On the one hand, it is the implementation within the legal framework in accordance with the chosen strategy and under a certain guidance of such opportunities as resources, which means their allocation in accordance with the goals and objectives of the organization; processes and structures, which means their organization to achieve goals and objectives; and people, is the change of certain human factors, the emergence or resolution of existing conflicts, and so on. At the same time, the criteria for the effectiveness of public administration: the purposefulness of the organization and functioning of the public administration system; spending time on management issues and management operations; the state of functioning of the public administration system, its subsystems and other organizational structures; the complexity of the organization of the subject of public administration, its subsystems and units; the cost of maintaining and ensuring the proper functioning of such a management system. Therefore, based on the most common interpretation of the concept of efficiency, it is considered as a result compared with the cost of obtaining it. At the same time, the efficiency of management is a relative characteristic of a particular social governing system, reflected in various indicators that have both quantitative and qualitative features, the achievement of which is especially important in the development of modern civilized system market relations in modern Ukraine and its fustified relentless European integration aspirations.

СУЧАСНІ УМОВИ ВПРОВАДЖЕННЯ ЕЛЕКТРОННОЇ ДЕМОКРАТІЇ У ВІТЧИЗНЯНЕ ПУБЛІЧНЕ УПРАВЛІННЯ: РЕГІОНАЛЬНИЙ АСПЕКТ

The article is devoted to the analysis of the conditions that characterize the current state of e-democracy as a tool of public administration in Ukraine. The domestic normative and legal support of the phenomenon of e-democracy, social peculiarities of regional use of e-democracy in public administration, the institutional composition of the subjects of introduction of e-democracy in the public administration have been considered. The periodization of the development of domestic e-democracy has been analyzed, which includes 4 periods: preparatory, formation of e-government mechanisms, creation of electronic information system, and implementation of information system. A thorough analysis of the legal framework of this area of research allowed establishing the spread of regulations on general issues of legitimizing the transparency of government and note that the focus of the legislator shifts to creating a legal basis for specific mechanisms of e-democracy. The existence of regional inequality in the implementation and use of e-democracy has been established. This inequality is caused by two aspects: technological, which manifests itself in the insufficient provision of certain regions with Internet coverage, and educational, which is expressed in the lack of digital literacy in certain categories of the population. It has been stated that regulatory and legal support for the implementation of the studied tool of public administration can be positively assessed: the phenomenon of e-democracy is enshrined in the legal field, regulatory algorithms for its individual mechanisms – e-services, e-petitions, e-government are provided and more. The institutional level of the implementation of e-democracy in the domestic public administration manifests itself in the interaction of government, public, business and independent non-governmental structures, including the European level. Such a diverse institutional composition, along with the adoption of various legislative and administrative measures, testifies to the positive transformational shifts of Ukrainian society, the process of its real transition to the state of information society – a knowledge society focused on meeting the needs of citizens.

ОЦЕНКА РЕЗУЛЬТАТИВНОСТИ УПРАВЛЕНИЯ РАЗВИТИЕМ СЕЛЬСКИХ ТЕРРИТОРИЙ

Currently, the analysis of the causes and consequences of differences in territorial systems (municipalities, regions) by individual social, demographic and economic indicators, as well as by the totality of their interaction, is becoming more and more significant and relevant. Achieving sustainable and integrated development of rural areas is an important task of state and municipal administration. In the study, the authors focus on the effectiveness of public administration in terms of meeting the needs of the population of rural areas, and describe the tools that provide a link between the basic conditions and the final result of management decisions. The basis of the analytical study was the degree of satisfaction of the population of the municipalities of the Novgorod region with the set of implemented measures in the context of the program of integrated development of rural settlements. The authors used the approach of constructing structural groupings to characterize and justify the composition of the municipalities of the Novgorod region in the directions (spheres) and the degree of actualization of needs. The article presents the results of the ranking of municipalities in the region in order to determine the most significant territories for the implementation of the measures of the integrated development program. Thus, the authors touch upon the aspect of assessing the potential of the territory to improve the effectiveness of using public administration tools.

ОСОБЕННОСТИ ИНВЕСТИРОВАНИЯ БЮДЖЕТНЫХ СРЕДСТВ В КАПИТАЛ ГОСУДАРСТВЕННЫХ КОРПОРАЦИЙ

The intensity of the investment process in the country is a system-forming factor for the growth of its production potential, a guarantee of economic growth and an increase in the volume and quality of production of material and spiritual goods. The state acts as a regulator of the intensity and efficiency of the country's investment process. The effectiveness of the public administration process is characterized, in turn, by the dynamics of the indicated indicators, which actualizes the problem of finding the most effective public administration tools that provide the desired rates of economic growth.

Conceptualizing the process- and project-based model of public administration in the oil industry of Russia

Subject. Currently, traditional methods and tools of public administration in the oil industry cease to be effective. As external factors put more pressure (agreements of OPEC+, energy price volatility), digital transformation of business and public administration and accelerating changes in the economic system, respective authorities need to refine their tools to manage the industry. Objectives. I provide the rationale for transforming the system of public administration in the Russian oil industry, articulate the concept of the process- and project-based model of sectoral management and determine its tools and elements. Methods. I rely upon analytical methods, such as the statistical and retrospective analysis, and the mathematical modeling framework to prove the reasonableness and accuracy of my conclusions. Results. I provide the concept of the process- and project-based model of the sectoral management in Russia's oil industry, substantiate its strengths, describe its targets, elements and mechanisms. Conclusions and Relevance. Sectoral authorities should supplement traditional methods of sectoral regulation with tools of process- and project-based approaches, thus substantially improving the quality and timelines of the regulator's decisions, and make the Russia oil enterprises more competitive.

СОЦІАЛІЗАЦІЯ ТА СОЦІАЛЬНА ЯКІСТЬ ЯК ІНСТРУМЕНТИ ДЕРЖАВНОЇ ПОЛІТИКИ СОЦІАЛЬНО-ЕКОНОМІЧНОГО РОЗВИТКУ

Самореалізація особистості в умовах використання політики "соціальної якості" як сучасного інструменту державного управління в перехідному суспільстві значною мірою пов'язана з подоланням існуючих у особистості обмежень щодо її дій, які самореалізуються, у відповідному суспільстві та транзитивній до ринкового характеру економіці. З огляду на те, що, зокрема, в Україні ринок має гібридний характер (а це особливо важливо), існуючі обмеження в самореалізації особистості повинні долатися в тому числі, а можливо, і, в першу чергу, за рахунок трансформацій у процесах соціалізації, які відрізняються від європейської практики та інститутів, що забезпечують її реалізацію. Таким чином, ідеться про подолання не тільки і не стільки природних егоїстичних інтересів особистості, що завжди актуально, скільки існуючого відставання у відповідних навичках, які є невидимим активом забезпечення ендогенного характеру зростання економіки.Показано, що існує взаємообернений зв’язок між формуванням соціалізації та політикою "соціальної якості", якій притаманна діалектика взаємодії індивіда та колективу і яка є процесом підвищення міри соціалізації. Остання ж, завдяки взаємообумовленості, служитиме зростанню ефективності взаємодії індивіда і колективу, на основі чого розширюються можливості самореалізації особистості за умов використання європейської політики "соціальної якості" як інструменту державного управління, успішність застосування якої зумовлюють нові завдання і зміст так званої вторинної соціології.Логіка нинішнього розвитку України показує, що для досягнення цілей соцієтального розвитку, визначених в Угоді про асоціацію між Україною та Європейським Союзом, і мінімізації потенційних ризиків та загроз, які супроводжують поточні реформи українського суспільства, необхідні нові підходи. Вони повинні запроваджувати нові форми державного управління, щоб утворити взаємозв’язки політики всіх вимірів, як це пропонується, зокрема, підходом соціальної якості в соціалізації, характер яких був розкритий в попередніх публікаціях автора. Як результат, фундаментально змінюватиметься соціокультурний (соціальний) вимір, у структурі якого мають бути, передусім, трансформовані процеси соціалізації особи, завдяки чому вона засвоїть основи життєдіяльності в новій соціальній реальності й активізує свою соціальну та економічну взаємодію на засадах самореалізації, тим самим сприяючи успішності державної політики соціальної якості й досягнення стабільного соціально-економічного розвитку.

The essence of negative incentives in law

The article examines incentives in law, because legal incentives are a strong lever of motivational pressure, the most important means of educated modern human. It is emphasized. that legal incentives are an effective tool of public administration, a way to solve existing economic and social problems. It is determined, that the subject of legal incentives is the "own" interest of the subject.The approaches of a number of researchers concerning the division of legal incentives into positive and negative are given. A comparison is made between legal restrictions and incentives in law. Criteria are given that separate legal incentives from legal restrictions. It is noted, that all legal means of coercion as incentives should be used in such a way that they can have a positive impact on a particular convict in the implementation of an individual program of correction, and on the activities as a whole. In the future, it is emphasized, that legal incentives as positive factors often include all legal means and in the case when they contribute to the goal of law - direct people's behavior in the right direction.It is noted, that negative incentives are an integral part of maintaining law and order in the state, as it aims to influence a person, forcing him/her to do so by restricting his/her opportunities through coercive measures by the state. Negative incentives take on the role of restrictions, affect the subject by narrowing the scope of opportunities through "negative" legal motivation and coercive measures, while playing the role of a general regulatory legal instrument. At the same time, negative incentives are those significant levers on the part of the state that aim to prevent illegal behavior of a person and force him/her to commit lawful behavior, through the possibility of using state coercion or prosecution