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.

Abstract. The Covid-19 pandemic has transformed our
society, with administrative procedures – as relationships between public authorities and citizens and businesses – being no exception. Still, the innovative digitalisation of such procedures means the 58 administrative
units across Slovenia have been able to develop a responsive administrative system. Using normative, descriptive
and statistical research methods, the article identifies the
relevant drivers and barriers, like user demands leading to a more responsive service, the lack of legal bases,
and the top-down approach discouraging progress.
Correlation analysis shows that digitalisation also holds
important positive implications for the principles of good
governance. Moreover, larger administrative units are
more likely to achieve a higher degree of digitalisation
and hence better public governance. The findings are
useful for designing evidence-based public policies to
properly respond to pandemic-associated challenges.
Keywords: public administration, administrative procedures, Covid-19, good public governance, innovation,
digitalisation, Slovenia

The article deals with the provisions of the Constitution of the Republic of Estonia which concern the cooperation of public administration with citizens and the protection of the citizens' rights. The comparison of the particular provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine is made. As a result of comparing the provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine, it is concluded that they are similar in terms of citizens' rights protection. In both Constitutions, citizens'

rights are recognized and protected by the state, rights and freedoms may only be circumscribed in exceptional cases, citizens have the right to free access to the information held by public administration (access to which is not restricted). Special attention is given to Administrative Procedure Act of the Republic of Estonia, which was passed on 06 June 2001. The principles of the administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, are presented. They include the principle of human rights protection, the principle of legality, the principle of proportionality and separate group of principles – principles of good administration. The principles of good administration, which underlie the cooperation of public administration with citizens, are also highlighted. They include the right to be heard, the right to examine documents, the right to get explanations, the principle of accessibility and data protection, the right to representation, the principle of appeal. It is substantiated that the principles of administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, provide two important guarantees: 1) a guarantee for good and legal activity of public administration, 2) a guarantee for enforcement of person's rights and freedoms during issuing administrative acts or taking measures. The conclusion on the expediency for the systematization of the legislation on administrative procedure in a one normative legal act is made. On the basis of drawn conclusions, it is proposed to draft and adopt in Ukraine a unified normative legal act on administrative procedure (a law or a code), taking into consideration Estonia's experience in this matter.

The article analyzes theoretical and legal, comparative and applied as well as terminological and conceptual aspects of the process of interpretation by the administrative courts of Ukraine of general and military-special regulations that are important for making informed decisions in military and legal public disputes. In order to determine a systematic approach to the possibility of reversing the execution of court decisions in administrative cases on appeals against decisions, actions and omissions of the subject of power, the subject of which is the payment of one-time cash benefits to servicemen, conscripts and reservists in case of death, total or partial disability, a systematic analysis of terms, words and phrases in the context of the normative content of Article 381 of the Code of Administrative Procedure of Ukraine has been conducted. Based on the study, a logical conclusion has been made regarding the diversity and ambiguity of general legal terms, terminological phrases enshrined in the normative content of Article 381 of the CAP of Ukraine and their inconsistency with military-special terms and phrases enshrined in the normative-legal legislation of Ukraine, in particular in the field of military service and military-social legal relations. The results of the study allow the application of the provisions of Article 380 of the Code of Administrative Procedure of Ukraine on the reversal of a court decision to the disputed military-protective legal relations. Further research on the peculiarities of the application of military and social legislation by administrative courts of Ukraine should be carried out by taking into account the requirements of military and social legislation of developed foreign countries and the current practice of the European Court of Human Rights.

У статті на підставі методології комплексного системного аналізу та чинного українського законодавства, у контексті європейської інтеграції України, досліджуються співвідношення адміністративного та інформаційного правового регулювання відносин в інформаційному суспільстві. Методологічну основу дослідження склали загальнонаукові та приватно-наукові методи наукового пізнання. Розглядаються різні аспекти правового регулювання інформаційних, політичних, соціально-економічних і духовних суспільних відносин, що складаються в інформаційному суспільстві з позиції адміністративного та інформаційного права. Адміністративне право як галузь визначає основи публічного управління різних сфер інформаційного суспільства, а інформаційне право як галузь регулює суспільні відносини в інформаційній сфері інформаційного суспільства. Співвідношення адміністративно-правового та інформаційно-правового регулюванням відносин в інформаційному суспільстві визначено предметом вказаних галузей права та взаємозв'язками, які виникають в інформаційній сфері інформаційного суспільства.

Agamben's paradoxical treatments of potentiality seem to leave little room for any robust theory of the subject, political or otherwise. His Aristotelian conception of potentiality entails, in the highest instance, "that potentiality constitutively is the potentiality not to (do or be)," which suggests that even if potential is realized, it is realized only by its lack of activity. Agamben's Aristotelianism is a thread that runs throughout his work, and by looking back to The Man Without Content, particularly his discussion of Marx, it is clear that the framework of potentiality means that it is impossible for him to see in Marx anything other than an odd combination of a "metaphysics of will", and man simply as a kind of natural, living being. This in turn shapes his later discussion in Homo Sacer of the entry of zoe into the polis, which founds Agamben's entire claim vis-a-vis bare life. His wager, namely that the question "In what way does the living being have language?" corresponds exactly to the question "In what way does bare life dwell in the polis?", equates the living being with its political, linguistic, and natural potentialities so completely that there seems to be no room for any kind of historically anomalous or collectively unprecedented subject, one that would break with history or disrupt everyday order. Agamben's work could easily be criticized from the standpoint of a Marxism that would stress the constructed nature of human potential and the necessity to think through forms of organization from within shifts in the nature of work. However, in order to stay closer to Agamben's Aristotelianism, it is far more productive to compare him to a thinker for whom questions of linguistic capacity and politics are also central, and also stem from a certain complex relation to naturalism, namely Paolo Virno. This paper will thus, via a careful reading of Agamben's Aristotelian conception of praxis and potentiality alongside Virno's work on the relation between language and labor, demonstrate the constitutive reasons why Agamben cannot consider any kind of substantial notion of the subject, and why Virno's more nuanced conception of capacity, which draws upon both rationalist and naturalist theories of the subject might constitute a more relevant alternative. Adapted from the source document.

The article deals with the features of the structural organization of the personality of the servicemen who are prone to alcohol abuse. Determined the further focus of the psychologist's part with this category of persons, depending on the identified sex-role status of servicemen who are prone to alcohol abuse. According to the purpose the following tasks have been set: To investigate the specifics of the factor structure of servicemen who are prone to alcohol abuse; Identify the main pivotal features of their psychological portrait; To outline the main ways of psycho-corrective work with the personnel, who are prone to alcohol abuse depending on sexual role status. In total, 64 servicemen of the State Special Transport Service (MoDST) of the Ministry of Defense of Ukraine participated in the study. Research methods are: Prognosis, SZCh-4, HADS, CP-10, Kettel's personal questionnaire, Shmishek's test, self-esteem questionnaire, S. Bem method (determination of level of masculinity / femininity assessment) and structural gender-role scale (A. Kocharyan – EV Frolova), as well as Dur-Moll (masculinity-femininity, respectively) by S. Sondi's method. The study revealed the character traits of a psychological portrait of servicemen who are prone to alcohol abuse: excitability, cyclothymia, anxiety, non-conformism and abusive behavior. The following key core personality indicators have been identified such as neuropsychiatric resistance, risk of nerve failure, and personal readiness to use inverted dynamics weapons. The focus of psycho-corrective influence of part of the psychologist on the personality of alcohol addicted servicemen should be to conduct training sessions aimed at forming a positive image of the serviceman.

The article is devoted to the issue on balancing the important interests of a person, a society and the state in cyber space by means of administrative law. The purpose of this article is to determine the legal nature and the role of the correspondence of the important interests of a person, a society and the state in cyber space in the context of administrative and legal provision of cyber security. The paper also deals with a proper balance between the law-enforcement interests of the state and the respect for fundamental human rights. The method of analysis has revealed in clarifying some features of concepts "interest", "need", "right". The method of synthesis has been used to define common concepts, for example "person's interest in cyberspace". Comparative legal method has been used in the process of comparison of the legislation of Ukraine and the international legislation that governs the issue on balancing the important interests of a person, a society and the state in cyber space. The author of this research presents the possible structure of person's cyber security through a set of important person's rights and interests in cyberspace, for example, the right to access to the Internet; the right to protect personal data in cyberspace; the right to be protected from aggressive marketing technologies in cyberspace, the prohibition of monitoring, including through cookies, HTTP, HTML5 markers or other technologies; the right to education, the right to access knowledge through the use of cyberspace etc. Conclusions and proposals of this research can be used for further research and for improving the administrative and information legislation of Ukraine, including the Law of Ukraine "On the Fundamental Principles of Cyber Security of Ukraine". Keywords: the balance of interests of the person, society and state, cyber space usage, public interest, private interest.

The current debate on the crisis of democracy needs firm epistemological premises for the interpretation of election results and the manifestation of power as consent. In the article, a biopsychosocial model of hegemony is presented as a tool for the manifestation of power in the human mind. Hegemony as conceptualised by Gramsci is developed with the concept of power as both repression or spontaneous generation, as proposed by Foucault. The concept is developed with the paradigm of the embodied mind and insights from psychology and neuroscience about memory formation and meaning creation, stressing the role played by emotions in the process. Keywords: hegemony, morality, emotions, elections, biopsychosocial model, mental representations, embodied mind

The revolutionary transition of power to democratic forces after the "dignity revolution" in 2014 in Ukraine did not indicate the absence of contradictions within the new ruling class, because patriotic and devotion to democratic transformation are not the only condition for the consolidation of the ruling class. The democratic theory of the elite, which corresponds to the essence of the designated form of government, recognizes the existence of a select minority (elite) in each of the social spheres, which owns intellectual and voluntary law, not leadership. The relations between the elites are not stable, but on the contrary may become exacerbated in the fractured periods of history In the countries of "young democracy", the relationship between the political and military elite is controversial lace of relations, because the military elite represents a closed "group of interests" in politics, so it can move from supporting the ruling class to a strong opponent of relations. Even the neutral position of the military elite includes a variant of interference in political processes of power scale. Revolutionary changes on Ukraine's path to European integration may have been deeply embedded in the formation of a new military elite that has tempered itself in the armed struggle with the Russian-separatist forces, was engaged in joint exercises, and most importantly, in business cooperation with representatives of the military elites of the West, which have a long tradition Serious interaction with the ruling class. Taking into account that social and political processes in Ukraine can be compared with developing countries, the whole set of contradictory relations between the political and military elite in our country should be directed to the general line of constitutional-legal civil-military relations.

The paper explores the issues on the enforcement of judgments and its effectiveness, as well as the access to justice in civil cases. Based on the materials analyzed, the nature of the execution of civil decisions and enforcement proceedings in general is clarified. The abuse of law in the execution of court decisions is investigated. Based on the above analysis, the following types are distinguished: abuse by the claimant of the right to choose the place of enforcement proceedings commencing, the registration by the debtor at his place of residence (which is the sole property of the debtor that can be recovered) of a minor child, the cancellation of the results of electronic bidding through formal technical mistakes of the electronic auction organizer, abuse of the debtor's right to privacy, the initiation of parallel litigation by the debtor on the results of electronic bid- ding while the new owner sues the court to remove obstacles to the use of the premises and evictions, contemptuous attitude of enforcement pro- ceedings participants to the executor while the complaint against the executor's actions is under the court's consideration. The availability of justice in civil cases and the effectiveness of the mechanism for the protection of rights, freedoms and interests are directly linked to the observance of the requirement for irrevocable implementation of court decisions at the level of national law and the existence of effective enforcement mechanisms. The question of the nature of enforcement proceedings and their place in the legal system remains debatable in the civil procedural literature. As a rule, consideration of abuse of procedural rights is conducted in two directions, which do not exclude each other – from the point of view of the evaluation of abuse as a negative procedural phenomenon oranalysis of certain forms of abuse of procedural rights. There are also studies that deny the legitimacy of the design abuse of procedural rights.

The article deals with administrative procedure for offences committed by foreigners and stateless persons in the field of drug trafficking, as well as the features of administrative and preventive measures that are applied. The methodological basis of the study include a systematic approach, which considers a system of administrative measures aimed at combating drug trafficking; logical-semantic method, which is used to develop the conceptual apparatus; comparative legal method used for the analysis of the limit values of the size of drugs in different countries, etc. It is emphasized that for
administrative offenses of this category such persons are brought to administrative liability on the grounds common to the citizens of Ukraine. Such persons can also be brought to administrative liability for offences involving the illicit trafficking of drugs in small sizes without the purpose of sale.
Proceedings in cases of administrative offenses related to illicit trafficking of drugs and psychotropic substances can be understood as a special type of activity of authorized bodies, which is aimed at bringing to administrative liability those who have committed administrative offenses in this area. It is established that the procedure for introducing administrative offenses related to drug trafficking committed by foreigners and stateless persons follows the stages established by the administrative legislation of Ukraine. It is shown that this category of people should be informed on the maximum size of these hazardous substances, which differ significantly from similar indicators that are accepted in other countries. According to the current legislation,
for administrative offenses related to drug trafficking, foreigners and stateless persons may be subject to administrative deportation, reduction of the period of temporary stay on the territory of Ukraine, forced return to the country from which they arrived.

The article discusses contradictions and conflicts at work on the industrial enterprises of the BSSR, including strikes, in the second half of the 1950s and in 1960s. The main reasons for the conflict were the facts of corruption, lower salaries, changes in working conditions, and the inefficient enterprise and management system. There were a lot of facts of abuse by the authorities of their service ranks by distribution of bonuses, financial aids, passports to sanatoria, apartments and so on. Although these questions were under control of party's and trade union's committees, the effectiveness of their work was low. The bureaucratic system of supervision and management has shown its inconsistency of practical implementation of promised social justice standards. In the face of weakening repressive legislation workers increasingly decided for various forms of protest and even for escalation of conflicts. An analysis of archival materials revealed 62 facts of refusal to work at industrial enterprises of the BSSR only during the period from 1956 till 1965. Struggle of workers for their rights including strikes of workers created no danger for the political regime, but became a factor which increased the attentiveness of party's and economic authorities to the situation in industry. Administrative and organizational attempts to stop the rot in giving bonuses to the heads, engineers, technical personal as well as office workers were done. Party's and economic governing bodies tried to avoid publicity in considering of conflict situations. Under the dominance of the command and administrative system, the management bodies were not ready for partnership relations with employees. They perceived conflicts in a socialist society as an accidents and used tactics of organizational and psychological pressure in conflict situations and demanded unilateral concessions from workers. In essence, this tactic was selfdeception and, in a strategic plan, did not lead to conflicts' resolutions.

In administrative history of the last six hundred years, different factors & influences had played their role in the formation of middle-level offices. The reason was in management. By dividing provinces into quarters, the provincial estates primarily wanted to protect their property from Turkish raids in the middle of the 15th century. In the middle of the 18th century, the provincial prince or national authority established kresije (state administrative units) that were a prolonged hand of the central state administration. It was supposed to control landowners, enforcement of rules & to protect serfs. By establishing kresije, the Kromeriz Constitution wanted to solve nationality problems in multilingual provinces. The district boards, established after 1868, were also a prolonged hand of the central authority & the result of the hundred-year development of the state administration. The history of middle-level offices shows interests of some groups or individuals that were in power during a certain period of time. Unlike other European countries where these offices were relatively autonomous, they were always a prolonged hand of the central state bodies or at least they served them in the Austrian Empire. The Registry Office plan reflects their competence that comprised all the matters of the population in a certain district from personal to municipal, military, education, ecclesiastical & taxation matters, the result of which was that the population identified itself with a district or quarter or kresija (state administrative unit). The middle-level government name was also one of the reasons for population identification. Figures, References. Adapted from the source document.

After explaining the relationship between the executive, legislative, & judicial branches of government in the parliamentary system of the Republic of Estonia, the election, duties, responsibilities, & prerogatives of the office of president in this country are described. The Estonian constitutional law allows for up to five rounds of presidential election. The president of the Republic is elected by the parliament in the first three rounds of elections. If no candidate receives a majority of votes, a special electoral body, consisting of members of parliament & local government representatives, is formed to elect the president in the fourth, & if needed, fifth round. The Estonian president is elected for a five-year term, but no more than two consecutive terms. In exceptional circumstances, the term of the office of president can be longer or shorter than five years. The representative, executive, legislative (eg, the veto power), & commander-in-chief duties of the Estonian president are described, & scenarios for president recall/impeachment are outlined. Adapted from the source document.