Public administration under modern conditions: concept, features, challenges : Collective monograph

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  • Документ
    State Fiscal Service as a body of public administration
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Марущак, Анна Валеріївна; Марущак, А. В.; Марущак, Анна Валерьевна; Marushchak, Anna V.
    The article examines the scientific and legal characteristics of the State Fiscal Service of Ukraine and the theoretical and legal analysis of its functions and powers. It is proved that the State Fiscal Service is a body of public administration, which is carried out in the field of finance. The normative-legal acts regulating the activity of the State Fiscal Service are studied and the basic scientific concepts of its activity are considered. It is also proved that the powers of the SFS have a sign of discretion. It is substantiated that among the powers of the SFS can be distinguished control, expert-analytical, preventive, renewal. In turn, control powers can be classified depending on the scope of control: powers of tax control, budget, and customs control. The functions of the SFS include control, expert-analytical, prognostic, preventive and the function of fiscal administration.
  • Документ
    Accounting Chamber – the leading institution in the financial and control activity of the state
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Койчева, Ольга Семенівна; Койчева, О. С.; Койчева, Ольга Семеновна; Koicheva, Olha S.
    The article is devoted to the study of the Accounting Chamber as a leading institution in the financial control activities of the state. Issues related to the origin of financial control and its inseparable connection with state control are revealed. It is proved that despite the large number of bodies exercising financial control, it is impossible to state its effectiveness and efficiency, due to the lack of the normative act, which would define the system of financial control bodies and delimit the competence of such bodies to avoid duplication of powers. The issues of competence and implementation of the powers of the Accounting Chamber as a body of financial control to achieve the goal set by the legislator are considered separately. The categories of «competence» and «powers», their relationship and interdependence in the activities of the body under study were analysed.
  • Документ
    Administration of budget revenues
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Латковська, Тамара Анатоліївна; Латковська, Т. А.; Латковская, Тамара Анатольевна; Latkovska, Tamara A.
    The article is devoted to the analysis of budget revenue administration. The correlation of the concepts «governmental management», «public management», «public administration» is investigated. It is established that public administration, becoming the basis of democratic achievements in the implementation of the executive and administrative functions of state bodies and local governments, has become widely used. Different views of scientistson the essence of the category of public administration are considered. Theoretical problems of budget revenue administration are investigated. A distinction is made between the concepts of «budget revenues» and «budget revenues». The classification of budget revenues by sections defined by the Budget Code is analyzed. It is substantiated that the planning, implementation, reporting and control and monitoring of budget revenues and current legislation should take place within a single mechanism of budget revenue management with the need to strengthen parliamentary control at all stages of the budget process.
  • Документ
    Insignificance of administrative misconduct regarding the conflict of interest: acceptability and criteria
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Хамходера, Олег Петрович; Хамходера, О. П.; Khamkhodera, Oleh P.
    The work is devoted to the study of the problems of acceptability and justification of exemption (due to insignificance) from administrative liability for misconducts related to conflicts of interest. It has been proved the inadmissibility of premature dogmatic-directive restriction of the jurisdiction of its functional legal obligations under Art. 22 on the Code on Administrative Offenses, when the subject of power actually refuses to legally assess the act as «insignificant». It has been established that the exemption from administrative liability for corruption-related misconduct does not destroy the public law mechanism for combating corruption and does not encourage new torts. It is criticized the application by the courts of such criteria of insignificance of administrative misconducts regarding conflict of interests as: lack of intent (negligent form of guilt), absence of victims of the offense, absence of its great public danger, sincere remorse of the person, further (post-tort) settlement of the conflict of interests and administrative responsibility, its positive characteristics, etc. The borrowing of criminal law has opened up a new space of «insignificance» (which turned out to be acceptable in relation to situations for which it was previously strongly denied – recidivism, lack of remorse, etc.).
  • Документ
    Public administration in the field of provision of administrative services to foreigners and stateless persons
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Корнута, Людмила Михайлівна; Корнута, Л. М.; Корнута, Людмила Михайловна; Kornuta, Liudmyla M.
    The article identifies the features of public administration in the field of providing certain administrative services to foreigners and stateless persons. It was found that foreigners and stateless persons staying in Ukraine legally enjoy the same rights and freedoms, as well as the same responsibilities as citizens of Ukraine. Based on the characteristics of the legal status of foreigners in Ukraine and analyzing the general legislation on administrative procedures, it is established that foreigners and stateless persons may be the subjects of applications for administrative services. At the same time, the peculiarities of the types and procedure of realization of administrative services that can be provided to foreigners and stateless persons are established. The main features of the implementation of administrative services are as follows: 1) the allocation of certain types of administrative services that are unique to foreigners and stateless persons; 2) establishment of a separate procedure and additional procedural actions in the process of providing administrative services.
  • Документ
    Public administration in the field of administrative services
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Лавренова, Ольга Ігорівна; Лавренова, О. І.; Лавренова, Ольга Игоревна; Lavrenova, Olha I.
    The article is devoted to the study of public administration in the field of administrative services in Ukraine. It is established that improving the provision of administrative services today is one of the key areas of reform processes in Ukraine, and the formation of effective mechanisms for providing quality administrative services is one of the priorities of public administration. The need to improve the current legislation in the field of administrative services, revision of procedural standards for their provision, as well as the introduction of information and telecommunications technologies in the provision of administrative services determines the relevance of the study of this issue. The concepts and features of administrative services are considered. It is determined that a necessary condition for improving the efficiency of public administration in the field of administrative services is to assess the quality of administrative services, which should be based on the following criteria: availability, efficiency, timeliness, convenience, openness, minimum (fair) cost of administrative services and affordability, professionalism, respect for the person and equality. Problems in the provision of administrative services in Ukraine are studied, among which are the following: shortcomings in legal regulation, complexity and irregularity of the procedure for providing administrative services, lack of standards for providing administrative services, lack of uniform criteria for assessing the quality of administrative services. It is determined that the issues of developing a mechanism for introducing information and telecommunication technologies into the provision of administrative services are becoming especially relevant today. The main directions of public administration in the field of administrative services that need improvement are highlighted.
  • Документ
    Evaluation procedure of the results of state servants' official activities
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Стрельников, Андрій Вікторович; Стрельников, А. В.; Стрельников, Андрей Викторович; Strelnykov, Andrii V.
    The article is devoted to the study of the procedure for evaluating the results of state servants' official activities in the context of updating the current legislation of Ukraine on state service. The concept of «procedure for evaluating the activities of state servants» is defined and its essential features are highlighted. It is substantiated that the content of evaluation in the state service is carried out at the theoretical level, taking into account the rules of law, which provides a place for the application of administrative discretion. A particular attention is paid to the issue of legal regulation of the procedure for evaluating the activities of state servants.There are such stages of the procedure for evaluating the activities of state servants as: 1) preparatory; 2) verification of professional competence of a state servant and decision-making on evaluation results; 3) approval of the decisionand its implementation; 4) appeal against the decision (optional stage). It was clarified that the procedure of evaluating the activities of state servants is of great practical importance, as it contributes to: increasing the level of responsibility of all officials for the performance of their officialduties; accountability for the effectiveness and quality of official activitiesnot only to the head, but also to members of the public, who have the right to control the activities of public authorities in general, and each state servant in particular.
  • Документ
    Administrative procedures: essence and varieties
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Осадчий, Анатолій Юрійович; Осадчий, А. Ю.; Осадчий, Анатолий Юрьевич; Osadchyi, Anatolii Yu.; Закаленко, Олена Василівна; Закаленко, О. В.; Закаленко, Елена Васильевна; Zakalenko, Olena V.
    The article is devoted to the disclosure of the essence and approaches to the classification of administrative procedures. This category is relativelynew to Ukrainian administrative law. Therefore, at the doctrinal level it still remains insufficiently studied. There is a lack of consensus on the understanding of the concept of administrative procedures and stable approaches to their systematization and classification, which is a necessary prerequisite for proper legal regulation and ensuring the effectivenessof administrative procedures in the mechanism of legal regulation. It is proposed to understand under the administrative procedures the definedby the law order of actions for implementing legal forms of public administration. Their characteristic features are identified, which allow to distinguish administrative procedures from other legal procedures. The main scientific approaches to the classification of administrative procedures are also studied. It is determined that the greatest theoretical and practical value has the division of administrative procedures by content – depending on which of the legal forms of the activity of public administration bodies they mediate.
  • Документ
    Public administration and its role in civil society
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Латковський, Павло Павлович; Латковський, П. П.; Латковский, Павел Павлович; Latkovskyi, Pavlo P.
    The role of public administration in civil society is studied. The principles of public administration in civil society are analyzed. It is noted that the development of a modern system of public administration necessitates the introduction of new values and principles of public management in the activities of government institutions. The general principles of public administration are revealed. It is established that it is necessary to increase the efficiency of public administration at the local level, as the relationship between public administration and local economic development is the key to achieving Ukraine’s strategic goal of integration into the European space. Innovative tools of public administration in civil society are studied. It is noted that in the period of development of the information society the implementation of state functions at the appropriate level is impossible without the involvement of modern information technology systems and telecommunications networks.
  • Документ
    Civil control over the activity of the subjects of public administration
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Маслова, Яна Іванівна; Маслова, Я. І.; Маслова, Яна Ивановна; Maslova, Yana I.; Савчук, Роман Михайлович; Савчук, Р. М.; Savchuk, Roman M.
    The article is devoted to the study of the theoretical and legal foundations of civil control over the activities of public administration. There are such specific features that are inherent in civil control, as: the subject of civil control are citizens and public associations that are organizationally and functionally independent of the objects of control; the object of civil control is the sphere of public administration; the purpose of civil control is to ensure the public interest; civil control is exercised exclusively in the manner prescribed by law; provided by moral and legal measures of influence; the results of civil control may be the basis for other types of civil control provided by state coercion. The basic principles of functioning of the institute of citizens’ appeals as a form of civil control over the activity of public administration subjects are analyzed.
  • Документ
    Ethics of conduct of state servants as a qualitative component of the content of public administration
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Білокур, Євгенія Ігорівна; Білокур, Є. І.; Билокур, Евгения Игоревна; Bilokur, Yevheniia I.; Даниленко, Юлія Сергіївна; Даниленко, Ю. С.; Даниленко, Юлия Сергеевна; Danylenko, Yuliia S
    The article is devoted to the study of the ethics of conduct of state servants as a qualitative component of the content of public administration.The concept of «ethics of conduct of state servants» is defined and the characteristic features of its content are clarified. Particular attentionis paid to the issue of legal regulation of the rules of ethical conduct of state servants. It is determined that the establishment of the rules of ethical conduct of state servants is intended to: help to prevent the commission of corruption or corruption-related offenses by state servants; to ensure an increase of the level of official discipline during service in public authorities; increase the personal responsibility of state servants for the performance of their duties.There are three groups of ethical equirements for state servants depending on the content, as: 1) organizational; 2) information; 3) personal. It was found that the General Rules of Ethical Conduct regulate the issues of ethics of state servants rather superficially, in particular without interpreting the content of certain regulations, which leads to the possibility for officials to use discretion in their official activities. It is determined that for violation of the rules of ethical conduct by state servants such types of legal consequences are applied to them as: a) bringing to legal responsibility (criminal, administrative, disciplinary); b) the onset of organizational and procedural consequences.
  • Документ
    The executive bodies as subjects of public administration: concepts, signs, types and their reforming
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Гнатовська, Альона Ільдусівна; Гнатовська, А. І.; Гнатовская, Алена Ильдусовна; Hnatovska, Alona I.
    The article is devoted to the study of the views of scientists on the definition of «executive bodies». Features of executive bodies are outlined. The opinions of scientists on the features that are inherent in the executive branch are also described. The system of executive bodies is analyzed and the peculiarity of each level of executive bodies is determined.The article describes the stages of reforming the executive branch in independent Ukraine. The normative-legal acts that introduced the reform of executive bodies have been studied and the problems that need to be solved have been identified.
  • Документ
    State of development of public administration in conditions of humanization tendencies
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Васильківська, Вікторія Владиславівна; Васильківська, В. В.; Васильковская, Виктория Владиславовна; Vasylkivska, Viktoriia V.; Стець, Олег Миколайович; Стець, О. М.; Стец, Олег Николаевич; Stets, Oleh M.
    The article is devoted to the study of the theoretical and legal foundations of the change of the vector of public administration, taking into account the humanistic tendencies of interaction of the subjects of public administration with the institutions of civil society. The features that characterize the subject of public administration are singled out: it is a somehow coordinated and organized system of bodies, which is not hierarchically structured, but should act in a coordinated, purposeful way, avoiding duplication of functions and excessive bureaucracy; the subject is the state, and the purpose of the subjects of public administration is to ensure the public interest – that is, the interests of both the state and society as a whole, rather than individual citizens and social groups; public administration relies on power, performing public functions; the activity of public administration extends to the whole society; public administration operates on the basis of a set of methods of influence: legal, political, economic, social through the use of methods of legal regulation, such as coordination, persuasion, incentives, coercion, etc. The basic international legal and national principles of involving citizens in public administration are analyzed. Emphasis is placed on the obligation of the state, represented by the authorized bodies, to create conditions for the real involvement of the public in the management of state and municipal affairs.
  • Документ
    Distance learning as a direction of reforming public administration in the field of higher education
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Білоус-Осінь, Тетяна Ігорівна; Білоус-Осінь, Т. І.; Билоус-Осень, Татьяна Игоревна; Bilous-Osin, Tetiana I.; Козачук, Діана Анатоліївна; Козачук, Д. А.; Козачук, Диана Анатольевна; Kozachuk, Diana A.
    The article is devoted to the study of theoretical and legal bases of changing the vector of public administration in the field of higher education to distance learning. The process of distance learning is defined as the transfer of information of a certain content (knowledge, skills, abilities), the ultimate goal of which is the ability of the higher education recipients 47to use this information in their activities. The main characteristics of the process of information transfer within distance learning include: 1) the main cognitive process through which the process of transmission, assimilation and application of information by the higher education recipient; 2) the level and nature of feedback from the higher education recipient in the learning process, as well as the degree of adaptation of the learning process to the individual characteristics of the higher education recipient: psychological structure of personality, sociological structure of personality, level of learning and ability to learn; management style of the learning process, which is basedon the principled recognition or non-recognition of the fact of individuality of the student’s personality and can be authoritarian or humanistic. It is proposed to establish a national Council of Ukraine for Distance Education under the Ministry of Education and Science of Ukraine, the main task of which will be institutional and legal support for the introduction of various forms of distance learning in higher education, taking into account globalization and humanization; elaboration of a simplified procedure for licensing distance forms of education in higher educational institutions; development of a single concept of creating a network of open universities in Ukraine, which carry out educational activities in various specializations, etc.
  • Документ
    Replacement of state service positions under conditions of quarantine: state and challenges
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Біла-Тіунова, Любов Романівна; Біла-Тіунова, Л. Р.; Била-Тиунова, Любовь Романовна; Bila-Tiunova, Liubov R.; Bila-Tiunova, L. R.; Негара, Родіон Віталійович; Негара, Р. В.; Негара, Родион Витальевич; Nehara, Rodion V.; Nehara, R. V.
    The article is devoted to the study of ways to replace state service positions in quarantine, established to combat COVID-19. Attention is drawn to the impossibility of full-fledged replacement of state service positions as a result of the application of existing methods of replacement of state service positions (competition and transfer). The changes introduced during the quarantine in the replacement of state service positions are analyzed: suspension of the competition, suspension of the provisions of Law № 889 on competition, completion of announced competitions, appointment to state service positions by concluding a contract. In order to correct the identified problems and shortcomings in the replacement of state service positions during the quarantine period, changes and additions to current legislation are proposed. There is a need to improve the procedures for replacing state service positions that can ensure the smooth functioning of public authorities in quarantine and other similar situations.
  • Документ
    Application of administrative discretion in conditions of counteraction the spread of the COVID-19 pandemic
    (Riga : Izdevniecība “Baltija Publishing”, 2020) Ківалов, Сергій Васильович; Ківалов, С. В.; Кивалов, Сергей Васильевич; Kivalov, Serhii V.
    The article is devoted to the study of theoretical and legal principles of administrative discretion in counteracting the spread of the COVID-19 pandemic. It is established that administrative discretion in public administration is a way to implement the competence of public administration, which is carried out only in the rule of law, the implementation of the powers of public administration entities in relation to specific public relations and their specific composition in order to ensure the appropriate level of law enforcement activities. Emphasis is placed on the fact that the danger in the form of the COVID-19 pandemic was mediated by the introduction of quarantine related to a specific in fectious disease, while the course of public administration meets the condition of exercising discretionary powers by an administrative authority – the pursuit of a specific legitimate goal while ensuring consistency in the application of administrative law. The basic tools of public administration, which were introduced to prevent the spread of the COVID-19 pandemic, are analyzed.