Suchergebnisse

Using the example of the BSSR the article analyzes the historical background of corruption and abuse of power in modern society. Mistakes and shortcomings in the personnel policy of the party-state leadership of Soviet Belarus are shown. The failure of economic policy is stated to have been caused by a number of objective and subjective factors including imperfection of the personnel selection system, weakening of state and labor discipline, spread of drunkenness and alcoholism, theft of state and public property. It is noted that in the 1970-1980s the number of embezzlement and misappropriations, the facts of using one's official position for personal enrichment did not steadily decline but increased, which resulted in great material damage to the national economy. A feature of that period was the fact that the facts of organized and corrupt crime were revealed in the USSR and Belarus. The most notorious cases: the numeral facts of venality by the officials of housing-departments of the Minsk district executive committee (1970), larcenies and abuses in the consumer cooperation in BSSR, especially in Orsha, where the high-level heads of Vitebsk Regional executive committee and Orsha district executive committee as well as some other authority members were involved into official corruption (1973). The negative tendencies of abuse took place also among Party's and Soviet leaders: in Vitebsk Region during 1975-1980 more than 100 authority members were penalized for different cases of abuse; in 1981 138 heads were brought to responsibility. All these facts caused social tension in the society, disaffection of the population with the activities of the authorities, government and militia of the republic. As a result, the party-state leadership lost its authority, which along with economic problems and contention in society led to the collapse of the USSR. It is concluded that numerous facts of upward distortions and fraud bring into question the reliability of reporting figures on the implementation of plans and programs for the economic development of the BSSR, and numerous modern conflicts in countries that formed the USSR arose in the Soviet past.

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.