The article is devoted to the identification of subjects, which, under the conditions of administrative and legal reform and changes of the guidelines in the relations between the state and the citizen, carry out public administration. Emphasis is placed on the sphere of relations that cover the essence of public administration. It is proved that the effectiveness of administrative law through the lens of governance is doubtful and does not fully meet the requirements of the development of public relations. Therefore, it is necessary to return to the educational ideas of the functioning of the state and its interaction with citizens, which has a manifestation in public, not state; in administration, not government. The authors substantiate that public administration is the activity of public authorities, which manifests itself in a concerted influence on specific public relations by means of specific methods, tools, forms and aims to secure public interests. The relation between the concepts of "subject of public administration" and "public management" is investigated. The proposals of the leading Ukrainian administrative scientists regarding the essence of the category of "public management" are analyzed and the reasons for the dualism of approaches to its definition in the Ukrainian administrative and legal doctrine are revealed. In addition, the subjects of public administration are classified according to their competence, scope, functions, and objectives of public administration. The subject of the research is the subjects of public administration and their functions in administrative law. The purpose is a study of the institutional constituent of public administration and defining changes experienced by governing entities as a result of reformatting the concept of relations between the state and society in Ukraine. Methodological basis of the research is a set of methods and techniques of scientific knowledge. The methodological construction is based on a systemic analysis that determined its directions. The systemic approach in some issues was supplemented by the axiological (ideological) approach. Empirical methods such as observation, description, comparison, inductive generalization were used to identify tendencies of reforming the system of subjects of administrative law of Ukraine. Logical-semantic method was used for formulation and in-depth study of the conceptual apparatus. The dialectical method of cognition made it possible to investigate the problems associated with the definition of the concept of "public administration". The application of methods of modeling, analysis, synthesis, generalization and analogy made it possible to formulate the conclusions of the study. Conclusions of the research correlate with the delineation of the institutional component of public administration in Ukraine. The authors have made qualitative and quantitative changes concerning the updating of the subjects of administrative law. At the same time, in the conditions of development of Ukraine as a democratic and rule-of-law state, all reform initiatives should be systematic and consistent with each other, therefore, during the study, the features that characterize the subject of public administration are highlighted. The scientific and analytical monitoring of the state of the introduced changes and the consequences of the implemented administrative reform measures for the classification of the subjects of public administration was carried out. Practical implications. The results of the research will help to understand the basic aspects of the content of public administration better and can be used in the research field in order to further study the issue of transformational changes that governing subjects under the background of actualization of trends of democratization and humanization of administrative processes.
The purpose of the article is to determine the legitimacy of public authorities under martial law in Ukraine. The oscillation of public policy in Ukraine between the private interests of representatives of oligarchic groups and the public good is noted. The need to direct public policy toward the realization of the public good was noted. Methodology. The study is based on the provisions of the theory of public choice concerning the two levels of interaction in the process of political exchange – constitutional and institutional. The dependence of the legitimacy of public power on constitutional conditions (which are a reflection of the social contract) and institutional interaction, designed to reduce the transaction costs of society, is defined. Rational choice institutionalism allows us to look at the legitimacy of public power as a result of the effectiveness of institutions for realizing the public good, reducing transaction costs and overcoming opportunistic behavior. Results. The emphasis is placed on the need to choose between democracy and dictatorship and to overcome oligarchy as a regime of political corruption. The limitation of electoral legitimacy, which in conditions of oligarchy entails a change in the personal composition of power, rather than its choice in favor of democracy, is noted. The innovative term "Institutes of Legitimacy" is proposed. It is defined that the institutions of legitimacy include the media, political parties and NGOs, which in a democracy provide and further support the legitimacy of public authority. Institutions of legitimacy evaluate the actions of public authorities and form public opinion. It is substantiated that for the post-Soviet ruling class, given the rutting effect, there remains a danger of following private interests rather than the public good. This is an oligarchic system of relations, identified as a system of political corruption. This applies in full measure to the Institutes of Legitimacy, which are now partially dependent on the oligarchs. Under martial law, public policy in Ukraine is aimed at protecting the country from large-scale armed aggression and attracting maximum international military and financial support. These are the main markers of legitimacy. The results of sociological research testify to the high level of legitimacy of the authorities in Ukraine: a growth of trust in individual political institutions and in the course of the state as a whole is being recorded. According to Sociological Group Rating in May 2022 the level of support for the actions of the Ukrainian government was 79%, and 54% of citizens recognized the actions of the state as quite effective. Practical implications. The legitimacy of the Ukrainian government depends on its effectiveness in two areas: winning the war and overcoming the oligarchy. It should take advantage of unprecedented international support for this. This will significantly reduce transaction costs and increase the efficiency of both individual institutions and institutional interaction, opening the way for Ukraine's European integration. Value/originality. This study of public policy in Ukraine as a balancing act between private and public interests allows for a better understanding of the economic factors of legitimacy formation under martial law and the impact of international support on the provision of legitimacy.
The article is devoted to the study of the current state of legal regulation of the institute of electronic case as an element of administrative procedure in Ukraine and the practice of its implementation on the example of the procedure for providing administrative services through the Centers of administrative services. The main problems of the institute and possible ways to solve them are considered, as well as prospects for the development of administrative procedure, based on international experience and regulatory framework of states, including - members of the European Union in the study area.
Corruption as an anti-social phenomenon was initially considered in the moral, social and legal dimension. It was not until the 1970s that corruption began to be studied as an economic category and became a subject of systemic economic analysis. It should be emphasized that in legal practice, corruption is most often interpreted as a socially dangerous illegal phenomenon, which is a consequence of blackmail, bribery, venality of officials that use their authority for personal enrichment, disregarding the interests of other members of society. Therefore, corruption is usually seen as a type of offense and criminal actions of officials in contradiction to the interests of the state and its citizens. And anti-corruption measures are associated with the improvement of the current legislation in terms of ensuring the inevitability of responsibility for corruption and corruption-related offenses. At the same time, given that corruption is inseparable from the shadow economy, it is necessary to study these two phenomena as a single system and consider anti-corruption policy as a key component of the fight against the shadow economy. The world community, in particular the EU, has a well-developed system of state regulation, which many countries are guided by. Despite this, the budgets of EU countries lose a certain amount each year from corruption schemes in the economic sphere. The aim of the article is to study the theoretical and institutional foundations of anti-corruption policy as a component of the fight against shadow economy to update the powers of relevant authorities in terms of their implementation in international anti-corruption standards in the economic space. In Ukraine, anti-corruption policy is implemented in the context of the creation of an institutional system to prevent and combat corruption, which includes specialized organizations, legislation, the formation of special mechanisms to prevent and combat corruption, etc. At present, the following bodies have already been established and are functioning in Ukraine: National Agency on Corruption Prevention (NACP), National Anti-Corruption Bureau of Ukraine (NABU), Specialized Anti-Corruption Prosecutor's Office (SAPO), Asset Recovery and Management Agency, High Anti-Corruption Court of Ukraine, and some tasks in the field of combating corruption are performed by the prosecutor's office and the National Police of Ukraine. The State Financial Monitoring Service of Ukraine collects, analyzes and publishes information on suspected cases of withdrawal of funds of possible criminal origin. The results of the conducted research indicate that most of the goals set by the Anti-Corruption Strategy for 2014-2017 were not achieved in the previous years. Consequently, measures should continue to be taken both to increase the effectiveness of institutional mechanisms for preventing and countering corruption and to eliminate corruption risks in different sectors (primarily those where there is a high experience of corruption and/or the worst perception of corruption of the institutions involved). The combination of both approaches can give the greatest result in reducing the level of corruption in the coming years, so this is the basis of the proposed draft concept of anti-corruption policy for 2020-2024. The implementation of international standards contributed both to the development of the system of prevention and counteraction to corruption (including specialized institutions) and to the reduction of corruption in some sectors by eliminating corruption risks, which were systemic and structural in nature. Further implementation of these commitments and intentions will have a positive impact on reducing corruption and demonstrates the political will at all levels to achieve tangible results of implementing anti-corruption policies.
The article is devoted to the research of the nature and essence of some aspects of the new constitutional doctrine in Ukraine. Attention is paid to the basic constitutional and legal concepts actualized at the present stage of development of Ukraine as a democratic, legal, social state and building a civil society in it. Emphasis is placed on the issue of constitutional changes in Ukraine that have taken place over the last decades, both in the form of modernization and reform. The author concludes that qualitative and substantial upgrading of the theoretical and methodological base should be an integral part of constitutional and legal reform. The positions of the leading constitutionalist scientists on the essence of the category of "constitutional and legal doctrine" are analyzed, the significance of the dualism of approaches to its definition and peculiarities of influence on the rulemaking processes and enforcement are revealed. In addition, the importance of not only the process of forming a modern doctrine of constitutional law, the clear definition of basic concepts and general problems that operate and exploring the constitutional law of Ukraine as a science and as a leading branch of national law, but also the process of renewal the categorical apparatus, the introduction of the legal circulation of new categories capable of creating a more solid scientific basis for constitutional law, is proved. The subject of the research is the theoretical and applied aspects of comprehending the latest constitutional doctrine in Ukraine. The purpose is a study of the nature and essence of transformational changes in the constitutional and legal doctrine of Ukraine in view of the transformation processes in society at the present stage. The methodological basis of the research is a set of methods and techniques of scientific knowledge. The methodological construction is based on a systematic analysis that determined its directions. The systematic approach in some issues was supplemented by an axiological (ideological) approach. In order to identify trends, patterns and features of the development of constitutional law as a branch of law in the system of national law of Ukraine such empirical methods as observation, description, comparison and inductive generalization were used. Logical and semantic method was used for formulation and in-depth study of the conceptual apparatus. The dialectical cognition method allowed us to explore the problems associated with the definition of particular theoretical constructs, basic concepts and categories used in the Ukrainian constitutional and legal doctrine. The application of methods of modeling, analysis, synthesis, generalization and analogy made it possible to formulate the conclusions of the research. The conclusions of the research is that the author found that the content of the constitutional reform cannot be reduced to the problems of renewal of the Constitution as a normative legal act or its separate provisions, because its implementation goes beyond the procedural issues and tasks of the legal technique. At the same time, an essential component a qualitative and substantial renewal of the categorical and terminological apparatus of the branch of constitutional law should be part and parcel of the constitutional and legal reform of Ukraine. Special attention also needs to be paid to scientific and analytical monitoring of the state of the introduced changes and forecasting of the socio-political and legal consequences of the transformations, which will allow to expeditiously identify and correct possible mistakes, as well as to make recommendations on further perspectives of the development of the constitutional and legal branch. The practical implications. The results of the research will help to better understand the basic aspects of the latest constitutional doctrine in Ukraine and can be used in the research branch to further study the issue of transformational changes in the constitutional and legal branch.
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