In order to optimize the conditions for ensuring the administrative and legal development of regions in Ukraine on the basis of strengthening and enhancing their administrative and legal potential, the article analyzes and systematizes approaches to the peculiarities of the implementation of the mechanism of state influence on local governments, aimed at increasing the efficiency of the execution of the powers of local governments, which will allow to take into account the functional links between the components of management, ensure the rational use of available resources, rationalize work and minimize risks, as well as increase the efficiency of local government bodies.
Administrative liability, as a type of legal coercion, is important for maintaining law and order, protection of an individual, protection of human rights and freedoms, performance of tasks and functions of the state. The description of administrative liability, given in the article, is connected with its inherent features and peculiarities of an administrative offense (misdemeanour). The most significant attention is paid to the issue, connected with public danger of an illegal act, taking into account the conceptual changes in criminal legislation, and, thus, criminal liability and as a consequence of administrative liability. The concept of reforming the Criminal Legislation provides for the preparation in addition to the Criminal Code of Ukraine, the Code (Law) on Criminal Offenses (misdemeanours) and the Code of Ukraine on Administrative Offenses. Taking into account the emergence of the phenomenon of "criminal misdemeanours" in the legislation of Ukraine, for committing of which there is criminal liability before the court (the judge), the author raises the question of defining such criminal offense as a socially dangerous act, but of less public danger than a crime, and all other misdemeanours (administrative) should be considered harmful, but not socially dangerous. Cases of such misdemeanours should be considered during administrative proceedings, according to the (procedural) rules defined in the Code on Administrative Offenses. Using the experience of legal regulation of European countries, we thus implement our legislation to the European one, but taking into account our national traditions and maintaining the fundamental principles of criminal law and maintaining such principles regarding administrative liability. So, criminal liability arises only in accordance with the Criminal Code of Ukraine and the Code (Law) on Criminal Offenses (misdemeanours) as socially dangerous acts, and administrative liability arises in accordance with the Code of Ukraine on Administrative Offenses (misdemeanours) that ...
The relevance of the article is due to the fact that not enough attention is being paid in the scientific and educational legal literature to the problems of administrative conviction, and therefore the questions about its main features and definition remain debatable. The purpose of the article is to find out the essence of administrative conviction. Systematic and historical approaches, methods of analysis and synthesis, comparative method, method of expert assessments were used in the process of realization of this goal. Informational basis of the article are literary sources, Code of Ukraine on Administrative Offenses, the law "On the National Police". An analysis of the first in the post-Soviet legal literature serious attempt to find out about the features of administrative persuasion has been made. As part of this analysis: 1) it has been shown that the provisions under which: a) the application of an administrative conviction is a monopoly of public authorities; b) administrative conviction is not linked to individual influence; 2) the contradiction between the Ukrainian legislation and the allegations in the legal literature has been pointed out, and it has been confirmed that the factual basis of the administrative conviction is always absent and that its application does not have a regulatory framework; 3) it has been suggested that under the current conditions the primacy of persuasion over coercion should be regarded not as a feature of administrative persuasion but as a desirable tendency for the development of this institution; 4) it has been considered as appropriate to include in the range of features of administrative conviction that: a) it is a universal method of public administration; b) subordination of its influence is voluntary; c) it is a means of preventing and averting an offense Criticism of the view that administrative conviction includes encouragement has been supported. It has been concluded that the administrative conviction is a universal method of public administration, which ...
Modern directions of development of administrative law are examined in the article. Priority directions of development of home administrative law are outlined. The separate aspects of transformation of administrative law are determined. It is marked on the native updating of all system of administrative law with taking into account public interests and orientation first of all on providing of rights and freedoms of man and citizen. Changes that took place for the last decades in our country influenced all spheres of vital functions of both the state and society on the whole, not leaving legal science aside, the consequences of influence on that strike the volume and scales. For years independence of Ukraine theoretical and methodological bases of science of administrative law were radically revised taking into account political, social, economic and legal nature of the Ukrainian state, objective conformities to law and tendencies of her historical development. The new doctrine of administrative law directly influences on the process of reformation of administrative law as to the field of law, that is based on confession qualitatively of new role of the state in mutual relations with citizens, ideology is not domination, but service to them. Taking into account resulted estimation of development of science of administrative law on the modern stage determines a necessity and actuality.
The article is devoted to the study of evidence in administrative proceedings. The article thoroughly examines the doctrinal and legislative approaches to understanding the concept of evidence. Scientists have justified the identification of evidence with information used in administrative proceedings to establish the presence or absence of certain facts. The author determines the evidence based on the researched approaches of scientists and the current administrative procedural legislation. The importance of defining a particular process of proof as a complex multi-activity in administrative proceedings is examined. It is concluded that the process of proving in administrative proceedings consists in collecting by the participants of the process any data collected legally, guided by which the court should establish the presence or absence of circumstances and facts in the case, which will become the basis for the court to make a lawful, justified and justified decision. on the case. In addition, the process of proof is interpreted as the mental activity of all participants in the proceedings, which aims to transform the established facts into the status of evidence in the case. The author establishes the existence of stages of the process of evidence in administrative proceedings, namely the collection and presentation of evidence, the examination of evidence, the process of proof at the stage of trial and evaluation of evidence. The author explores that the starting point of proof is the collection and presentation of evidence. The main stage of evidence - the study of evidence - is characterized in the context of its theoretical and normative substantiation. The article identifies ways of examining the evidence and states that it is implemented in a certain sequence. The author identifies as the next logical step the sequential transition from one fact to another with the help of the presented evidence, which is one or another form of presentation of established facts.
The article is devoted to the study of the legal nature of procedural law as a general theoretical category and its purpose in regulating procedural activity, to determine the main task that should be faced with administrative justice and to determine its effectiveness, as well as to formulate some proposals for ensuring the effectiveness of administrative justice. It is proved that the basis of the appointment of administrative justice lies in the theoretical foundations of procedural law. Appointment of administrative justice is to protect the rights, freedoms and interests of persons in the field of public relations from violations by the authorities (state authorities, local self-government bodies, their officials and officials, other entities in the exercise of their power. management functions based on legislation, including the exercise of delegated powers). The rights, freedoms and interests that protect administrative courts can be varied (from constitutional to civil). But the largest share among them belongs to the subjective public law. Subjective public rights are usually manifested not only in the relationship of "public entity - public administration", but also in the relationship "public administration - private entity", as well as in the relations that arise between the two legal entities of public law. For example, public administration has the right to demand from a private person tax. The practical importance of the protection of subjective public rights is manifested in the possibility of securing and enforcing them by appealing to the court. According to Part 2 of Art. 55 of the Constitution of Ukraine, everyone is guaranteed the right to challenge in court the decisions, actions or omissions of state authorities, local self-government bodies, officials and officials. However, a necessary prerequisite to appeal to an administrative court is the fact that the subject of public administration violates its own, that is, the subjective public rights of an individual.
The presented article examines the forms of abuse of rights. In legal science and legislation of Ukraine, the category of "abuse of rights" is legally vague and there is no agreed approach to defining the criteria for abuse of rights. The legislator often uses the institution of "abuse" as part of various legal structures, but does not legally establish the content of the general (generalized) concept of "abuse of rights". This creates problems both for legal practice, legal proceedings, and in the case of the exercise of rights by their owners and owners. Abuse of law means the formally lawful behavior of the subject of legal relations, which leads to a violation of the rights and legitimates interests of others, incompatible with the fundamental principles of legal regulation. However, the content of the term "abuse of right" (rights) is in the prescriptions; covers individual, sometimes different types of acts. Procedural legislation defines in more detail the content of "abuse of procedural rights", but does not provide an exhaustive list of such acts. The official position of the legislator is that any abuse of rights is unacceptable. Such legal norms are of a protective (prohibitive) nature; they do not always reveal the essence of abuse. The classification of actions on abuse of rights contains not only formal, purely theoretical significance, but, in essence, the classification allows, by identifying the most typical cases of the phenomenon under study, to establish trends in the emergence of new types and forms of abuse of rights and to determine the most effective methods and means of overcoming them. The author determined the place of abuse of subjective rights in comparison with socially significant (legal) behavior. It has been established, that abuse of the right is not a type of legally significant behavior. The author's understanding of the concept of "abuse of rights" and its types is offered
The article considers the concept, features and content of administrative activities, the difference between administrative activities and other activities of government, features of administrative activities, regulation of administrative activities.
The article considers the concept, features and content of administrative activities, the difference between administrative activities and other activities of government, features of administrative activities, regulation of administrative activities.
The main directions of reforming the system of administrative management in Ukraine are investigated in the article. Modern systems of administrative management are analyzed and it is suggested to concentrate on five main directions of improvement of the system of administrative management: 1. Privatization and decentralization of public administration; 2. Reduction of excessive state regulation; 3. Improving the quality of public services; 4. Improving the efficiency and effectiveness of government; 5. Increasing the information openness of the authorities.
Introduction. Estimation activity of general educational institution is one the most difficult administrative procedures. At the same time the problem is not in the estimation as definite procedure, but in the achievement exactly its objectivity. Among the reasons, which stipulate a certain problem, it is necessary to point out such ones: lack of agreed structure of educational services estimation on the basis of administrative technologies, imperfection of estimation methods, incompetence of experts.Purpose. Make analysis of modern administrative technologies of general education institution; having determined their main peculiarities. Results. Main modern administrative technologies of general education institution estimation are considered: expert estimation, certification, inspecting, diagnostics, monitoring, diagnostic monitoring, audit. The reasons which provoke the problem of objectivity of school activity estimation on the basis of administrative technologies, imperfection of estimation, incompetence of experts are analyzed. Analysis of peculiarities of modern education institution estimation methods, which experts use for this procedure is fulfilled, it includes: Standard program of complex control of educational institution; unified statement of subjects' keeping control concerning management, giving services in the sphere of secondary education, legislative demands in the sphere of compulsory secondary education. Approximate criteria of estimation of general education institution activity (have lost validity now but undoubtedly have methodical value), system of expert estimation of teaching-educational activity of O. S. Bodnar's schools providing general education. Originality. Personal structure of educational services estimation on the basis of administrative technologies with detailed characteristics of estimation forms on external level (educational and public bodies management) as well as on internal one (general education institution). The meaning "diagnostic monitoring" is substituted for "monitoring" on the basis of semantic dubbing-in. Audit is included in the technology of estimation, fulfilling on the external level by public, because this technology is directed exactly to the public estimation of educational institutions activity and besides on voluntary lines from latest. Forms of state control (certification and inspecting) are defined at the same as time as administrative technologies of estimation, but control and estimation in the present context are actually synonymic, because control from the state side provides first of all defining of correspondence of services given by school to state demands as well as inquiries of society. Conclusion. Estimation activity of institution has to become a foundation of its subsequent effective development, but it is possible under the circumstances of high level of this procedure objectivity. Both level of experts' readiness for the procedure of estimation and imperfection of estimation methods remain problematic now. With the bounds of subsequent research of the problem of general education institution activity it is necessary to pay attention to the development of innovation approaches concerning estimation methods of modern school activity.
The article researches the features of military administration in administrative legal aspect taking into account the features of public administration. First of all, it relates to the following features: organizational activity which results in administration relations; existence of the subject of public administration who has authoritative powers to exercise public administration in the structure of these relations (to have these relations not only subjects but an object who is influenced by the subject of administration should participate); relations of power between the subject and object of administration when only the state body which is the subject of administration has the power and the objects should fulfill orders of the subject; the state authoritative organizational activity when the laws should be followed and this activity is considered as regulatory based on effective legislation; public administration is exercised only within effective legislation; legal liability for violation of legislation. First, specific feature of military administration is its two levels when there are bodies of military administration and military command. Second, specific feature of military administration is its crisis orientation when under ordinary circumstances objects of such administration are servicemen, military base, military formations which means that it has a clear regulatory and internal organizational character. At the same time, during martial law, emergency or other situation provided for by legislation the sphere of military administration can increase and include objects out of the Armed Forces. Third, military administration is represented by administration exercised by a single person. Fourth, organizational unity has a significant meaning for military administration. Fifth, military discipline ensures a high level of procedural administrative relations, but majority of procedural norms are isolated and not represented by proceedings.
The article considers the peculiarities of the administrative responsibility of religious organizations with the definition of optimal ways to modernize domestic legislation in accordance with existing social relations and modern requirements. Based on the Law of Ukraine "On Freedom of Conscience and Religious Organizations" we can distinguish three groups of entities that are responsible for violating the provisions of this Law: 1) officials of state bodies; 2) citizens; 3) religious organizations as subjects of law. The latter can also act as independent subjects of legal responsibility, in particular, there are four grounds for termination in court of the activities of a religious organization: the commission of acts inadmissible under Art. 3, 5 and 17 of the profile law; encroachment on the life, health, liberty and dignity of the person; 3) systematic violation of the procedure for holding public religious events provided by law; encouraging citizens not to fulfill their constitutional obligations or actions to violate public order, to encroach on the rights and property of state, public and religious organizations. The analyzed provisions of the current legislation on freedom of conscience and religious organizations determine the need to make changes and additions to regulations governing liability for violations of legislation in this area. One of the directions of development of the national legislation is improvement of legal regulation of institute of administrative responsibility of legal entities. Today, there are significant gaps and conflicts in the legislation regarding the consolidation of liability of legal entities, especially legal entities, which serve as a basis for various abuses and violations by legal entities, and thus violate the rights and legitimate interests of individuals or other legal entities. state and society in general.
The article deals with the problem of the essence of the administrative-legal mechanism of the protection of property rights. It was stated that the problem in the field of property, in transition economies states, is particularly relevant. First of all, Ukraine still has a significant influence of the post-communist ideology, the construction of the economic and financial system, labor market principles, and so on. Secondly, the chosen direction of European integration necessitates updating of methodological, nomenclature, organizational and legal approaches in the field of property rights. Human rights and freedoms are valuable to the state and society. At the present stage of the development of the doctrine of human rights and state-building processes, less important and more significant rights are not allocated. All of them need consolidation, security and protection. Among them, the economic rights of the subject are of paramount importance, as they form the basis for the proper living standard of a person. The basis for the provision of economic rights is property, so the protection of property rights is a subjective right of every person and citizen. The following principles are noted. Legitimacy as the fundamental principle of the functioning of all state-legal phenomena. The mechanism of protection is closely interdependent with the state-power sphere, the construction and organization of the powers of state authorities. Democratic treatment. The content of the principle of democratic treatment is that the legislation reflects the interests of as many people as possible. It rises from the principle of democracy. Subjects that implement the protective functions of the state must be elected or appointed in an appropriate manner; democratic treatment involves the self-government of citizens, that is, the opportunity to participate in decision-making, concerning their rights and legitimate interests, including the sphere of property. It is important that democratic institutions were real rather than formal, ...
The article presents the dynamics of the provision of administrative services of the region by type. The dynamics of the number of administrative services provided as a result of making managerial decisions is considered, and the proportion of administrative services provided by types as a result of making managerial decisions is investigated. The factors that led to an increase in the provision of administrative services were described. The dynamics of administrative services provided for registration of citizens in this territory is presented and the rates of their growth are calculated. The analysis of the administrative services provided to people with disabilities with the departure to their place of residence. An assessment of the level of administrative services is made. The main ways of improving the quality and efficiency of developing and making managerial decisions in the field of providing administrative services are substantiated.
