Public Administration and Law Review

REGULATORY AND LEGAL MECHANISMS OF REGULATION FOR THE LOBBYISM INSTITUTE IN UKRAINE: PROBLEMS AND SOLUTIONS

Andrii Stelmakh — Wed, 03 Feb 2021 00:00:00 +0200

The article analyzes draft legislative acts of Ukraine, which regulate the institute of lobism, lobbying activities. The objective of the article is a theoretical substantiation and systematization of problems and prospects for development of regulatory and legal framework mechanisms for regulating the institute of lobbying in Ukraine. It has been proved that there are ongoing attempts to envisage the institution of lobbying in the current legislation in Ukraine. At the same time, mechanisms of legislative regulation differ. Some jurists suggest registering lobbyists in special registers, others suggest registering only in the Verkhovna Rada of Ukraine. The need to regulate the institute of lobbying in the legislation of Ukraine has been substantiated. We find it reasonable to define that a lobbying activity is the one of representatives of non-governmental organizations to establish contacts with officials and deputies of the Parliament, Government and other public authorities and local self-governmental bodies in order to influence development, adoption and implementation of political and administrative decisions as well as regulations by the said persons on behalf and in the interests of specific non-governmental organizations (their associations). In addition, it is necessary, firstly, to introduce activities on regulating lobbying carried out by the National Council of Ukraine, which is a central executive body that operates to ensure the national security of Ukraine in the process of registration and supervision of lobbying activities. Secondly, it is required to initiate formation of the Unified Register of Lobbyists of Ukraine, which is supported by the National Council of Ukraine on regulating lobbying. Thirdly, it is important to determine that a person (legal or natural) acquires the rights defined by this Law from the moment of inserting information about it into the Unified Register of Lobbyists of Ukraine.

THE GENESIS OF THE FORMATION OF THE TERRITORIAL ORGANIZATION SYSTEM OF POWER IN UKRAINE

Nadiia Senyshyn — Wed, 03 Feb 2021 00:00:00 +0200

The article is devoted to the analysis of processes of Ukraine's transition from a rigidly centralized system of territorial organization of power of the Soviet type to a modern system of decentralized type. The objective of the article is to determine the subject matter, content and forms of the societal institution of territorial organization of power in the modern scientific discourse of public administration through the analysis of the genesis of formation and modernization of the territorial organization of power in modern Ukraine in the period from 1990 to 2020. The subject matter and content of the political and territorial organization of the system of the state public power institutions, which is called the "territorial organization of government" is highlighted. It is substantiated that in order to effectively perform the functions of government regarding regulating public relations, the state organizes its internal territorial organization, divides its territory into administrative units of different levels, types and legal status, which is designed to ensure optimal form of the state unity of central and local governments, the most rational and adequate system of building the state apparatus, effective exercising of powers and running the country by the latter.

The historical way of political and territorial organization of public power of Ukraine from the beginning of its independence to the present has been characterized. It is concluded that the main task of modernization of the system of territorial organization of power at the present stage of development of society is to ensure completion of decentralization processes and creation of new amalgamated territorial communities, integrity and unity of the public and state body as well as its components, to carry out ubiquity and continuity of administrative, organizational and regulatory activities of the system of public administration bodies aimed at improving the economic, social, environmental, etc. situation and well-being of citizens.

INSTITUTIONAL ANALYSIS OF THE PRACTICE OF APPLICATION OF PUBLIC-PRIVATE PARTNERSHIP IN THE FIELD OF INFRASTRUCTURE OF UKRAINE

Mykola Prorochuk — Wed, 03 Feb 2021 00:00:00 +0200

Over the last two decades, public-private partnership (PPP) mechanisms in the field of infrastructure in Ukraine have been used more and more widely. However, the issues of creating a favorable institutional environment for the effective implementation and development of PPP projects still remain relevant. The purpose of this study is to assess the PPP policy of Ukraine in the field of infrastructure on the basis of in-depth and comprehensive analysis of the institutional environment and the development of proposals for its improvement. Theoretical analysis of normative-legal support of PPP development in the field of infrastructure is carried out and the general organizational structure of institutional environment of regulation of PPP relations in the field of infrastructure is formed, which determines the logic of subordination and interaction of different levels in PPP system. An assessment of the level of PPP development in the field of infrastructure of Ukraine at the international level using the Infrascope Index. Based on the study of the level of infrastructure development and the effectiveness of PPP policy and projects, a SWOT-analysis of PPP projects in the field of infrastructure of Ukraine was conducted. The findings suggest that changes in the institutional environment need to be consistent with PPP policies, and PPP effectiveness is closely linked to its institutional environment.Proposals have been made to improve the institutional environment of Ukraine to ensure the effective implementation of PPP policy in the field of infrastructure.

PECULIARITIES OF THE STATE POLICY ON PROMOTING DEVELOPMENT OF THE INVESTMENT AND BUILDING COMPLEX OF UKRAINE IN THE CONDITIONS OF POWER DECENTRALIZATION

Yury Prav — Wed, 03 Feb 2021 00:00:00 +0200

The article considers topical issues of formation and implementation of the state policy on promoting development of the investment and construction complex of Ukraine and the construction industry as a whole in the context of the decentralization of powerIn accordance with the outlined scope of issues it is determined that the objective of the article is to investigate the subject matter, problems and prospects of formation and implementation of the state policy on promoting development of the investment and construction complex of Ukraine and the construction industry as a whole in the context of the rollout of power decentralization. The methodology of this study involves the use of problem and factor analysis in combination with a discourse approach, which leads to the focus of scientific attention on the study of factors and features of the decentralization of power in Ukraine on formation and development of the investment and construction complex. The conditions for conducting effective economic activity which is attractive for stakeholders in the housing sector of public policy have been analyzed. The main tasks of such a policy and key principles of stimulating investment processes in the construction industry have been identified. The directions of perspective state policy on stimulation of formation and development of the investment and construction complex taking into account reforms of decentralization of Ukraine and strengthening of regions and united territorial communities from administrative, political, budgetary and economic perspectives have been suggested. It has been substantiated that in the new conditions the role of regional public authorities and regional investment and construction complexes is significantly increasing.

FEATURES OF FORMATION OF INTEGRATED CITY DEVELOPMENT

Orest Krasivskyy, Yuriy Chepelevskyy — Wed, 03 Feb 2021 00:00:00 +0200

The article identifies the main elements of the concept of integrated city development, which forms a modern tool of informal regulation that takes into account the main challenges and needs of the city. The aim of the article is to study the current state of integrated urban development and outline the relevant areas of urban development. The methodological basis of the research in the analysis of the essence and significance of the Constitutional Court of Ukraine as a supreme state body with a special status. The application of the historical-logical method, the empirical basis for the research was the legal acts regulating the activity of the Constitutional Court of Ukraine and the basic principles of organization of state power in Ukraine. A complex and comprehensive approach to regulating the development of the city in accordance with the principles of participative management is presented. That is why at all stages of development of the Concept of integrated development of the city the interested parties and inhabitants of the city need to actively express their own thoughts concerning the future development, to bring the ideas and wishes. There are many opportunities for this, in particular, holding integrated development forums, numerous round tables, workshops, information meetings in the city's neighborhoods, urban festivals, and more. The vision of the city and the system of goals are the Concept core of integrated city development. They are developed on the basis of a preliminary analysis of various spheres of the city’s life, its features and determine the nature and direction of further action on the city's development. A separate, main component of the concept of integrated city development is the vision of the city and the system of goals, which are developed on the basis of a preliminary analysis of various spheres city’s life. There are also key areas of activity that offer approaches that will best meet the needs of current and future residents in a comfortable and safe living.

PECULIARITIES OF THE TRANSFORMATION’S PROCESS MANAGEMENT OF MEDICAL INSTITUTIONS OF CHILDREN’S INSTITUTIONAL CARE AND UPBRINGING INTO AN INCLUSIVE ENVIRONMENT FOR CHILDREN WITH DISABILITIES

Volodymyr Lys — Wed, 03 Feb 2021 00:00:00 +0200

The effective implementation of the deinstitutionalization and transformation reform of institutions of children’s institutional care and upbringing is currently one of the priorities of the state’s social policy, because the future renewal of the country's human resources potential and further prosperity and well-being of Ukraine depends on the ability to socialize children and provide quality social, medical, educational services for children and families with children and their harmonious development. In accordance with the principles of deinstitutionalization and decentralization reform, local governments have to ensure the development of all types of health care, development and improvement of the medical institutions network, determining the need and forming orders for staff for these institutions, provision in accordance with the legislation of privileged categories of the population with medicines and medical devices, including families with children with disabilities (Article 32 of the Law of Ukraine "On Local Self-Government in Ukraine"). At the same time, the health care institutions network should be formed taking into account the needs of the population in medical care, the need to ensure the proper quality of such services, timeliness, accessibility for citizens, efficient use of material, labor and financial resources (Article 16 of the Fundamentals of the Legislation of Ukraine on Health Care). Adhering to the above principles in the Lviv region to comply with the order of the head of the Lviv regional state administration № 719/0/5-19 from 05.07.2019 "On conducting a comprehensive assessment of the municipal institution of the Lviv regional council" in "Orphanage № 2 for children with central nervous system disorders and mental disorders" in the period from July 22 to October 21, 2019 was carried out a comprehensive assessment process in order to further transform this institution. The results of this assessment and medical statistics provided an opportunity to analyze the need of Lviv region for inclusive medical rehabilitation services for children and families with children.

KEY FACTORS OF THE STATE'S ECONOMIC SECURITY

Valeriy Hnatenko — Wed, 03 Feb 2021 00:00:00 +0200

The economic security of any country is characterized by the protection of its national interests. The system of economic security of the country is based on understanding and implementation of the concept of national economic interests at the state and international levels, the purpose of which is to maintain a balanced economy, protect it from external and internal threats, the ability to sustainable development. Neglecting of economic security can lead to negative socio-economic consequences, a depressed state of the economic branches, increase of the import dependence level, bankruptcy of market participants, etc. That is why it is important today to guarantee the preconditions for ensuring the economic security of the state and leveling of threats. The aim of article to substantiate the essence and generalize the assessment results of the main factors that influences the formation of economic security of the state. The author used the methods of logical comparison, systematization and generalization, which made it possible to achieve the goal of the study. The main factors of economic security as an important component of national security in the context of globalization have been substantiated and summarized in the article. The factors influencing the economic security of the state have been generalized and the social component has been defined as one of the important factors of economic security. The main directions of guaranteeing the economic security of the state, which are a priority under the conditions of the impact of globalization on the national economy has been identified.

INNOVATIVE MODEL OF PUBLIC ADMINISTRATION PERSONNEL SECURITY SYSTEM

Olena Gula — Wed, 03 Feb 2021 00:00:00 +0200

The article substantiates that the problems of personnel security in the public administration system are important and timely, as important transformational problems in modern society, reform of the judiciary, constitutional system, decentralization reform, formation of innovative public authorities are related to the human factor. levels of government adopt and implement policies, officials, employees. The quality of such decisions and the quality of such important reforms for the state depend on the quality of human resources. Personnel security, the system of formation of personnel security is often considered by scientists as part of the economic security of the enterprise and is determined taking into account economic categories. Although personnel security is the basis of Ukraine's national security. The purpose of the study is to substantiate the model of the personnel security system of public administration. The theoretical and methodological basis of the study are the fundamental and modern provisions of the system of public administration, the development of scientific schools of human capital theories of foreign and domestic scientists and specialists in the field of personnel management. To achieve this goal in the work used a set of methods and techniques of scientific knowledge. The method of logical generalization is used to theoretically substantiate the importance of the tasks and clarify the key concepts of the study. Using the methodology of system analysis and synthesis, a study of approaches to the formation of a model of the personnel security system of public administration was conducted. Methods of theoretical generalization, grouping and comparison are used to study the constituent elements of the model of personnel security system of public administration. The author substantiates the innovative model of the personnel security system of public administration. The main elements of this model include: first, personnel policy in the public administration system; secondly, threats to personnel security: physical; financial, intellectual, career, administrative, technological, social, conflict, psychological, informational, image; thirdly, modern mechanisms for ensuring personnel security: organizational, legal, motivational, economic, control, selection; fourth, the Ministry of Human Resources of the Public Administration System in Ukraine; fifth, staff; sixth, civil society institutions.

THE COMPETENCE OF THE EXECUTIVE AUTHORITIES OF UKRAINE IN THE FIELD OF HEALTHCARE AND NATIONAL SECURITY TO ELIMINATE THE CONSEQUENCES OF CORONAVIRUS DISEASE (COVID-19)

Marta Karpa, Oleksandr Akimov — Wed, 03 Feb 2021 00:00:00 +0200

The article discloses the competence of the executive authorities of Ukraine in the field of health and national security on the elimination of the consequences of a medical and biological emergency related to the spread of the coronavirus disease (Covid-19). A generalization of analytical, regulatory and other materials on the competence of the executive authorities of Ukraine in the field of health care and national security on the elimination of the consequences of a biomedical emergency related to the spread of the Covid-19 has been carried out. For this, the article reveals the competence of the Ministry of Health, the National Health Service of Ukraine, departments for civil protection of the population, health care of regional state administrations. One of the tasks to achieve the goal of the study is to determine the competences of regional commissions on technogenic and environmental safety and emergency situations under regional state administrations, headquarters for the elimination of the consequences of a medical and biological emergency. The competence of the main subjects of the implementation of the state policy of Ukraine in relation to the specified problems, namely, the executive authorities - central and regional, in the competence of which is the elimination of the consequences of a medical and biological emergency, has been investigated. Identified as a separate problem in the scientific and practical aspects, the issue of identifying the object in relation to which the state policy on the elimination of the consequences of a medical and biological emergency is formed and implemented. As a conclusion, the main problematic issues in the regulatory and organizational aspects are highlighted.

DEVELOPMENT OF LEGAL TOOLS OF STATE MANAGEMENT IN THE FIELD OF ENSURING BIOLOGICAL SAFETY IN UKRAINE

Oleksandr Martynenko — Wed, 03 Feb 2021 00:00:00 +0200

The paper is dedicated to issues on improving legal tools of state management in the field of providing biological safety in Ukraine. It is emphasized that establishing of measures of relevant legal liability has to be considered as effective means for providing appropriate state of biological safety and stimulation of lawful conduct of all subjects. Issues of lawful conduct in the field of providing biological safety have exclusively applied nature and often stipulate activities of researchers in the field of biological technologies, and entrepreneurs who are involved into the relevant direction of commercial use of biological technologies. It is outlined, that liability is an effective tool for legal influence on social relationship aimed to providing of biological safety. In our opinion, functions of legal liability in the field of providing biological safety have to include the next ones, namely: preventive (protective, of a warning character) which boils down to preventing new offenses, precautions; penalty (punitive) which boils down to punishing the guilty person, the meaning of which is imposing measures of negative consequences of a personal, property or organizational nature (material fines, prohibitions on conducting research or carrying out production) to them; restorative (compensatory) which aims to restore illegally violated property or personal rights, compensation for material or moral damage, losses (in case of socially negative consequences). It is indicated, that improving the mechanism of legal liability for biological safety involves updating the legislation on largely all types of liability known in modern legal theory. These types of liability are as follows: civil (in the case of compensation for material and moral damage); criminal (in the case of application of measures of influence of criminal and legal character; it can be applicable to both legal entities and individuals); administrative (in the case of less social harm of the offense); disciplinary (in case of violations of labour duties).

THE IMPORTANCE OF NON-TARIFF BARRIERS IN REGULATING INTERNATIONAL TRADE RELATIONS

Farouq Ahmad Faleh Alazzam, Rasha Bashar Ismail Al sabbagh — Wed, 03 Feb 2021 00:00:00 +0200

Non-tariff trade barriers in international legal regulation are an integral part of a system of non-tariff restrictions, the approach to which in science and practice remains ambiguous. The aim of this article is to determine the importance of non-tariff trade barriers for international trade relations and prospect of their further implementation under the circumstances of development of international trade. The information resources used in the research contain data about the number of non-tariff barriers and data on their use regarding import and export of certain goods (152 countries-members of WTO in 2009-2016), data about the ratio in using non-tariff barriers with other protectionist measures in international trade (the USA, China and EU countries in 2012-2016) and others. Methods of comparison, analysis and synthesis; statistical and sociological methods were used in the research. The use of non-tariff barriers in regulating international trade relations cannot be assessed explicitly. Among negative results of their use are setting up obstacles in the economy of some countries; use of the non-tariff restrictions as means of discrimination; negative impact on the importation in some countries; volatility and uncertainty; negative influence on world economy. Positive impact of using non-tariff barriers comprises promotion of safety of product and security of manufacturing process; competitiveness of particular kinds of products; improvement of the standard of national security; provision of life and health protection of people, animals, flora and environment; harmonization between national trade and international system of trading standards. Development of the Strategy of realization of non-tariff regulating international trade relations at WTO is a solid approach in international activity. This will set up opportunity to unify and harmonize norms of international trade in the sphere of implementation of non-tariff barriers.

ESTABLISHMENT OF STATE POLICY ON ENSURING THE RIGHTS AND FREEDOMS OF PERSONS WITH DISABILITIES: HISTORICAL AND LEGAL REVIEW

Daria Kiblyk — Wed, 03 Feb 2021 00:00:00 +0200

The article is devoted to the study of the problems of state policy on ensuring the rights and freedoms of persons with disabilities in the context of historical and legal review. The relevance of the study lies in the expediency of studying the historical and legal origins of the formation of national legislation on the protection of the rights of persons with disabilities in modern Ukraine. For the purpose of complex theoretical study, the monuments of legal thought of the X-XX centuries are taken into consideration. The purpose of the article is to study the historical retrospective of the formation of modern state policy on the protection of the rights and freedoms of persons with disabilities and to describe the main trends in this area during certain periods of Ukrainian statehood. The study presents some historical stages, within which the issue of care for people with disabilities from the state and society is acute and accordingly develops the legislative aspect of regulating these processes as a result of strengthening the role of the state in them. In addition, the formation of state policy on persons with disabilities was influenced by external factors, namely the social system and legislation of those countries that included the ethnic lands of Ukraine. The scientific and practical value of the article lies in the ability to trace the preconditions for the formation of fundamental provisions for the protection of the rights of persons with disabilities and their evolution depending on the transformation of global legal trends.

FORMS AND DIRECTIONS OF THE LAW ENFORCEMENT FUNCTION OF THE STATE STRUCTURAL UNITS OF THE MINISTRY OF JUSTICE UKRAINE

Valeria Demyanchik — Wed, 03 Feb 2021 00:00:00 +0200

The implementation of the internal functions of the state is not an integral part of the state mechanism. In turn, the scope and content of the functions assigned by society to the state determines the structure and scope of powers of state bodies in the implementation of state functions. The topic chosen by the author acquires its relevance in the implementation of the law enforcement function of the state by structural units of the Ministry of Justice of Ukraine. As the Ministry of Justice of Ukraine is the central body in the field of execution of criminal punishments and probation, organization of enforcement of decisions of courts and other bodies, ensures the formation and implementation of state legal policy. This indicates that the structure of the Ministry of Justice of Ukraine includes units whose activities are aimed at carrying out the law enforcement function of the state. The author analyzes the forms and directions of implementation of the law enforcement function of the state inherent only in the structural units of the Ministry of Justice of Ukraine. The author investigates the forms and directions of implementation of the law enforcement function of the state by structural subdivisions of the Ministry of Justice of Ukraine. The object of the study are public relations that arise during the implementation of the law enforcement function of the state by structural units of the Ministry of Justice of Ukraine, in their own unique forms and directions. During the writing of the article, the author used a systematic method of scientific research, as well as the method of analysis and synthesis.

PROCEDURAL FEATURES OF COMMENCE ADMINISTRATIVE PROCEEDINGS IN THE FIELD OF COMMUNAL PROPERTY MANAGEMENT IN UKRAINE

Ihor Skliarenko — Wed, 03 Feb 2021 00:00:00 +0200

The article is devoted to the issue of determining the administrative-procedural characteristics of the stage of opening proceedings in an administrative case in the field of communal property management, which is considered in the procedure of administrative proceedings. In connection with the reforms of procedural legislation and local self-government in Ukraine, these issues have become especially relevant. The author explored the main positions of domestic scholars on the stages of consideration of public law disputes in administrative proceedings. He also determined the place of the stage of opening proceedings in the structure of the stages of the administrative trial. Attention is focused on the peculiarities of the adoption of an administrative lawsuit in public law disputes in the field of communal property management and problematic issues that arise in judicial practice. For example, the procedural requirements of the administrative-procedural law to the relevant claims are studied. The special public-law character of this category of disputes is noted, the author emphasized the importance of ensuring access to justice in this category of disputes. The author also believes that the right to appeal against acts or decisions of local governments in the field of communal property management should not be limited. In addition, the author investigated the procedural consequences of non-compliance by the plaintiff with the relevant requirements for both the statement of claim and the place and time of its submission. The author considers the stage of opening proceedings in the case to be the initial stage of resolving a public-law dispute in the field of communal property management in essence.

THEORETICAL PRINCIPLES OF CUSTOMS CONTROL IN UKRAINE

Nadiia Kalashnyk, Ivanna Kozak — Wed, 24 Feb 2021 00:00:00 +0200

Globalization processes that rapidly change economic processes require decisive changes in all areas of management, and effective foreign economic activity requires solving existing problems in customs in general and optimizing the process of customs control in particular. Ukraine, in particular, the main tasks for the functions of customs authorities are analyzed. Consideration of the definition of "customs control" in the current legislation and scientists and proposed their own position. The types of customs control depending on the criteria of classification are studied, namely, depending on: the subject it is accepted to distinguish the general and special types of customs; direction of movement of goods; essential characteristics of goods; type and nature of cooperation of customs authorities of countries, etc. The differences between one-time customs control and re-customs control are given, the essence of official control is revealed. In order to increase the efficiency of customs control, ensure the simplification of international trade, improve the business climate, and promote economic growth, problematic areas of customs procedures have been identified in order to harmonize or avoid them.

According to the results of the study, it is determined that the customs authorities of Ukraine to simplify customs procedures and customs formalities need to intensify the introduction of electronic declaration, which will significantly reduce the cost of customs clearance and clearance time. Further development of the "Electronic Customs" system should be carried out taking into account the experience of implementing electronic systems in other developed countries, including EU member states. It is possible to fulfill the current tasks of customs authorities in the implementation of customs control only if the intensification of scientific research on the successful implementation of current legislation to international standards and the successful introduction of modern tools, which are discussed in this publication.