Public Administration and Law Review https://public.scnchub.com/palr/index.php/palr public administration, law en-US office@scnchub.com (Iryna Mihus) support@scnchub.com (Oleksandr Tkachenko) Wed, 25 Mar 2020 00:00:00 +0200 OJS 3.1.2.1 http://blogs.law.harvard.edu/tech/rss 60 GOVERNING A STATE IS SIMILAR TO MANAGING A COMPANY https://public.scnchub.com/palr/index.php/palr/article/view/7 <p><em>Political theory and politicians mainly deal with the problem of governing the state, which results from treating the state primarily as political institutions. Political and legal sciences deal with a state which is a political institution. However, the state is also an economic, or organizational, system that has all the attributes of any business organization, such as inputs, transformation processes, and outputs measured by political, sociological, or economic outcomes. Another dimension of the state as an institution is the governance, that is, the way or concept used in governing the state. Socrates said that the governance of the state should be entrusted to the wisest heads, which means those who have the knowledge, skills, experience and wisdom as the highest level of integration of the previous elements. This view is reasonable, because the state is a large and complex system, with numerous interdependencies of various factors and subjects in the political as well as the economic environment. Governing a state as an organizational system, from the point of view of goals and purpose, is similar to managing any organizational system, which means that the basic purpose of every organization is to create new values with the highest level of rationality. If there was no economic dimension in the organizations, not even in the state, the managing would not make any sense. Considering the fact that there are no unlimited resources today, every organization must first and foremost insist on meeting goals with as little input as possible, or in the increased value of outputs, which is a matter of economy and its business principles. This paper points to the need to transform a traditional, and that means political state and methods of governance into an economic state, which would primarily deal with the economy and create the well-being and happiness of its population through the application of experience in organizing and managing corporate organizations. Instead of the domination of politics over the economy, in the new conditions, the economy should be above politics, that is, in every political solution the economic dimension should dominate as a condition for the survival of every organization. Institutions that govern the state are particularly analyzed, such as: parliament, government, and the prime minister, with the aim of applying some of the rules used in governing corporate systems to these institutions.</em></p> Milan Radosavljević, Aleksandar Anđelković, Suzana Pajić Copyright (c) https://public.scnchub.com/palr/index.php/palr/article/view/7 Wed, 25 Mar 2020 00:00:00 +0200 THE MANAGEMENT OF THE UNIFIED SYSTEM OF CIVIL PROTECTION AT THE STATE LEVEL https://public.scnchub.com/palr/index.php/palr/article/view/8 <p><em>According to the Constitution, every citizen has the right to protection of his life and health from the consequences of accidents, catastrophes, natural disasters, the use of weapons and the requirement to guarantee the exercise of this right from the Executive authorities, heads of enterprises, organizations and institutions, regardless of ownership and subordination. The state as a guarantor of this right should create and develop a unified state system of civil protection (CP), this includes civil defense and protection of the population and territories from emergency situations (ES) of technological and natural character. It is advisable to pay attention to the fact that the state of any society depends on the level of public administration, therefore, according to many politicians, scientists and public figures, the problem of efficiency comes to the fore. This statement is especially important for Ukraine. The solution to this problem is a pledge and a necessary condition for solving all other problems of the Ukrainian society, which is experiencing a systemic crisis of management. Fundamental importance is a significant deepening of fundamental theoretical and methodological research of public administration, the creation of a developed theoretical framework implemented in scientific theories, concepts and projects. Over the past 15 years, more than 5.8 thousand classified emergencies have been registered in Ukraine, in which more than 34.1 thousand people have suffered, more than 6.7 thousand of them have died, and direct material losses amount to more than 30 billion. UAN. The process of formation of the organizational structure of management of the civil protection system requires a clear choice of the necessary methods, techniques, technologies, stages (steps) and etc. Generalization of existing approaches to the creation of a universal methodology aimed at the development and evaluation of the formed management decisions of the scheme formation of the organizational structure of project portfolio management in the system of civil protection of Ukraine. This method of formation of a new organizational structure of the civil protection system should be based on archival data and indicate that under the influence of the external turbulent environment, the solution of new problems can be solved by taking into account information-related cause-and-effect relationships. Thus, the study in the direction of the formation of a new structure in the management of the civil protection system at the state level is extremely relevant.</em></p> Petro Gaman, Mykola Andriyenko, Vasyl Shoiko Copyright (c) https://public.scnchub.com/palr/index.php/palr/article/view/8 Wed, 25 Mar 2020 00:00:00 +0200 ASSESSMENT OF THE INVESTMENT SECURITY LEVEL OF UKRAINE https://public.scnchub.com/palr/index.php/palr/article/view/11 <p><em>The article analyzes the opinions of scientists on their interpretation of the concept of "investment security", and also provides its own definition of this concept. It is determined that today investment security is one of the key factors for ensuring economic security, and is an important component of the national one. It was revealed that the main problem in assessing investment security indicators is the diversity of approaches to their assessment. There are contradictions between individual citizens and the state, manifested in a kind of conflict of their interests, which creates social tension. This trend is explained by the fact that, on the one hand, the state is the guarantor of the economic security of citizens, and on the other, a source of threats. The sattier also analyzed the dynamics of investment security indicators from 2015-2019. Direct investments (equity) from EU countries to the Ukrainian economy for 2015-2019. (million US dollars). The main investor countries of FDI in Ukraine for 2015-2019 were identified. (million US dollars).</em></p> Liudmyla Akimova, Alla Lysachok Copyright (c) https://public.scnchub.com/palr/index.php/palr/article/view/11 Wed, 25 Mar 2020 00:00:00 +0200 PROFESSIONAL COMPETENCE AS A FACTOR OF THE EFFICIENCY OF THE ACTIVITY OF A PUBLIC SERVANT https://public.scnchub.com/palr/index.php/palr/article/view/12 <p><em>The article reveals the concept and structure of the professional competence of civil servants, as well as their professional abilities. High-quality training of specialists in the field of state and municipal administration is a problem that is relevant both for modern higher education and for society as a whole. The quality of the activities of the next generation's Ukrainian political elite largely depends on how competent and prepared the graduates - future civil servants will be.</em></p> <p><em>The introduction of new educational standards based on a competency-based approach has led to the need to improve the methodology and teaching methods in higher education. The modern concept of training civil service specialists places high demands on educational programs, in particular, on the development of professional competence of future civil servants provided for in them. It is important for the state that a student - a future civil servant - after graduation has a certain set of knowledge and skills, but one of the main requirements for a specialist is his desire and ability to quickly adapt to the new situation and navigate the modern information space, the ability to learn and develop professionally.</em></p> <p><em>Studying the practice of functioning of state power and local self-government, the experience of the competition commissions that select applicants for vacant positions in the public service, as well as the experience of communicating with existing civil servants, students of professional retraining and advanced training programs of the state and municipal service, indicate that the current At present, the system of vocational education does not provide enough for students to form their civil servants - professional communicative competence.</em></p> <p><em>In this regard, there is a need to find optimal ways to improve the work of the university in this direction, the need to develop a program that would purposefully form the professional communicative competence of students - future public servants.</em></p> Iryna Krynychna, Volodymyr Gurkovskii Copyright (c) https://public.scnchub.com/palr/index.php/palr/article/view/12 Wed, 25 Mar 2020 00:00:00 +0200 NECESSITY OF TRANSFORMATION POLITICAL INTO THE ECONOMIC STATE https://public.scnchub.com/palr/index.php/palr/article/view/13 <p><em>From the emergence of the state as an institute to the present day, its goals and concepts of functioning have remained more or less the same and have been reduced to organizing authority and population for defense against other tribes, later nations, but also to hold in obedience their subjects, i.e. those who are gave their rulers the mandate to govern on their behalf a unity called the state.</em></p> <p><em>States in modern conditions still function on the basis of the past, i.e., the past centuries. Instead of solving, the modern state produces problems and is unable to respond to new challenges and changes that occur both in the natural and social order. Evidence for this is obvious, ranging from environmental, political and social problems to migration, crises that are becoming more and more devastating, war conflicts, strikes and general discontent at national or global levels.</em></p> <p><em>In this context, the state creates mechanisms to maintain the status quo and extend the powers of the elected. Democracy, human rights protection, numerous global or regional declarations have become the subject of interpretation, as well as their disrespect, and even abuse. The trend of widening the gap between the poor and the rich is increasing, war conflicts have been waged in certain countries for years, many have been devastated, filled with huge amounts of poison that destroys the resource of water, land and air. Instead of great politicians and leaders like Roosevelt, De Gaulle, Churchill, political leaders and party officials who are hard to leave power and who are struggling to stay in power and rule for a long time, are on the scene.</em></p> <p><em>In a word, the modern state is unable to respond to a numerous challenges, because it has retained the same mechanisms and concepts of governance as i n the last century, and in many countries even from the time of the feudal age. Establishing force-based organizations, enacting laws, tax and parafiscal burdens to sustain party bureaucracy, feuds and enrichment on the one hand, and poverty and misery on the other, are visible in much of the world, indicating problems in the functioning of the state and government.</em></p> <p><em>Indicated condition can be improved by transforming a traditional political state into an economic state, whose priority goal would be to ensure a satisfactory quality of life and sustainable development. Thus, the state would focus on the people i.e. population, rather than the ideological political platform of the party in power.</em></p> <p><em>The paper indicates current issues of the functioning of the modern state and problems that are produced by the modern state.</em></p> Maja Anđelković, Dragana Radosavljević, Vladana Lilić Copyright (c) https://public.scnchub.com/palr/index.php/palr/article/view/13 Wed, 25 Mar 2020 00:00:00 +0200 PUBLIC ADMINISTRATION: ROBUSTNESS AND THE SYSTEMIC GENESIS ASPECT https://public.scnchub.com/palr/index.php/palr/article/view/14 <p><em>The article reveals the concept of robustness of the system of professional activity of civil servants as one of its properties. The essence of the robustness of the system of professional activity of civil servants in the conditions of system genesis is determined.</em></p> <p><em>To clarify the specifics, nature and development of the system of professional activity of civil servants, its properties were analyzed, additional possibilities of functioning were revealed, and weak points were identified for developing ways and means of effective development. The essence of the phenomenon of robustness to the system of professional activity of civil servants in the context of forming the concept of system genesis of professional activity of civil servants is revealed. An important sign of the robustness of the system genesis of the professional activities of civil servants is the property of the system to produce what it needs. This explains the concept of systemogenesis of complex systems, to which we also refer the system of professional activity of public servants. That is, a system that can act both independently and controlled from the outside can have the ability, under certain conditions, to function independently and create corresponding products. In addition, signs of the robustness of the psychological system of activity of civil servants as one of the components of the system of professional activity of civil servants were revealed. </em></p> <p><em>It is concluded that the concept of robustness in the context of the analysis of the professional activities of civil servants is applied to the system of professional activities of civil servants. It is defined in a broad sense that the robustness of the system of professional activity of civil servants is a property of the system to maintain effectiveness and stability margin when changing the parameters of its functioning. In particular, structural and non-structural uncertainties are identified that determine the change in the quantity and quality of system elements. System genesis is a process of self-organization in the narrow sense, therefore, robsastern system genesis is the ability of the processes of self-organization of the system to preserve this property, its effectiveness if the self-organization of its individual elements or subsystems fails. That is, if the action of self-organization of one of the components of the system of professional activity of public servants fails, the system retains the ability to self-organize and maintain its effectiveness.</em></p> Oleksandr Akimov Copyright (c) https://public.scnchub.com/palr/index.php/palr/article/view/14 Wed, 25 Mar 2020 00:00:00 +0200 DEVELOPMENT OF A CONCEPTUAL APPROACH TO PROVIDING ECONOMIC SECURITY OF BANKING INSTITUTIONS AT THE STATE LEVEL https://public.scnchub.com/palr/index.php/palr/article/view/15 <p><em>Over the twenty years of Ukraine's independence, the category of "bank" has evolved from a purely institutional economic category into a socio-political category, and in the face of the financial crisis, a litmus test to determine the stability of Ukraine's socio-political and economic independence. Recall that the main essence of the bank, its basis is the organization of the monetary process and the imitation of banknotes. Unfortunately, in times of political instability, the banking system has evolved from a financial transformation tool to a tool of social influence and social conflict. A strong financial system can only be provided that it relies on self-sufficient, scientifically capacious, competitive own production. According to the criteria of American economic science, we have the collapse of the monetary system, because, first, people's savings are not transformed into investments and, secondly, our banking system does not credit our own production. Therefore, in order to create a market economic system in Ukraine, it is necessary to solve the problem of creating a banking system that reflects the interests of Ukraine and not the interests of the countries of elitism - in conquering the Ukrainian market and its financial enslavement, which is much more important and more complex than the solution, for example total privatization. Reforms in Ukraine emphasize that the formation of new approaches to socio-economic transformation should be based both on the results of scientific analysis of their own trajectory of development and on generalizing global trends, including understanding the nature of the current global crisis. The world is entering a new era, characterized by a significant increase in the unpredictability and uncertainty of development, when different crises will constantly arise and disappear in different local areas of the world economy, periodically joining chains and forming a global crisis. In these global fluctuations, only social development that relies on a competitive economy can be sustainable; developed domestic market; a national manufacturing facility that fully exploits the potential of transnational capital and guarantees the country's economic security; a balanced social structure and an effective political system.</em></p> Yana Koval Copyright (c) https://public.scnchub.com/palr/index.php/palr/article/view/15 Wed, 25 Mar 2020 00:00:00 +0200 REGULARITIES OF REFORMING PUBLIC ADMINISTRATION MECHANISMS OF THE HEALTH CARE SYSTEM IN UKRAINE IN THE CONTEXT OF THE EUROPEAN DIMENSION https://public.scnchub.com/palr/index.php/palr/article/view/16 <p><em>The article presents systematic approaches to the regularities of reforming the public </em><em>administration mechanisms</em> <em>of the</em><em> health care system in Ukraine, taking into account the international aspect. It is substantiated that the principles that are important for the formation of the national system of public </em><em>administration</em><em> mechanisms </em><em>of the health care system </em><em>in Ukraine are the following: a well-established process of interaction between the state, the private sector and the citizens themselves; balanced distribution of health care responsibilities between state and local governments; organizing a health care system based on high competition and consumer orientation; availability of medical services, convenience in obtaining them through efficient use of available resources; creation and development of the health insurance system.</em></p> Maxsym Dolgich Copyright (c) https://public.scnchub.com/palr/index.php/palr/article/view/16 Wed, 25 Mar 2020 00:00:00 +0200 MECHANISMS AND STRATEGIC PRIORITIES OF STATE FLIGHT SAFETY MANAGEMENT https://public.scnchub.com/palr/index.php/palr/article/view/17 <p><em>The article addresses an urgent problem related to determining the priorities of public management and administration of a safe component of the activity of state and civil aviation in general and aviation of the State Emergency Service of Ukraine in particular against the background of the dynamics of coordination of flights of all types of aviation in the airspace of responsibility of Ukraine.</em></p> <p><em>The Ministry of Defence of Ukraine is the authorized central body of executive power for regulating the activities of state aviation, including the security context. The mechanism of realization of the state policy of Ukraine in the field of aviation activity of all types of aviation is the Authority for Regulation of Activities of State Aviation. This Authority is entrusted with a fairly wide range of powers and tasks. The regulation of these powers and tasks is carried out by administering the entire spectrum of state aviation activities for the intended purpose, and in a security context – strict adherence to the statutory indicators of acceptable risk of flight operations.</em></p> <p><em>Overall, flight safety management is based on a systematic approach to identifying and eliminating sources of danger and controlling risks to minimize human, material, financial, environmental and social losses. But in the security context, no significant changes in the system of state regulation of state aviation activity have taken place, traditional approaches that were in place until Ukraine gained its independence still remain. The basis for defining a set of security measures on the basis of a unified approach to aviation activity management still retains a retroactive approach, the essence of which lies in the administrative response and determination of mechanisms of state influence on its state, which obviously leads to a decrease in the effectiveness of state supervision of flight safety of all aviation entities. It is obvious that all existing basic flight safety management concepts are focused on implementing measures after an aviation accident has occurred. Thus, there is no preventive, predictive approach.</em></p> <p><em>The introduction of a modern approach to flight safety management requires the development of new regulations and the improvement of state policy on regulation of state aviation activities. The basis for the formulation of such a policy should be the prognostic assessment of tasks that can be assigned to state aviation at one time or another, the conditions for their implementation (state of emergency, emergency situation, martial law) and, of course, the human factor.</em></p> <p><em>In this context, the author aims to determine the basic concepts, innovative mechanisms and strategic priorities of state aviation safety management based on proactive technologies within the tasks assigned to the aviation of the State Emergency Service of Ukraine (SES).</em></p> Ivan Korobka Copyright (c) https://public.scnchub.com/palr/index.php/palr/article/view/17 Wed, 25 Mar 2020 00:00:00 +0200 THE ROLE OF INTERNATIONAL COOPERATION IN COUNTERACTION OF TERRORISM, EXTREMISM AND OTHER MODERATE GROUPS https://public.scnchub.com/palr/index.php/palr/article/view/18 <p><em>The article emphasizes the standard methods and legal approaches to make healthy and strong relationship, coordination among countries, UN and its member of states, international organizations and other legal entities within bilateral, multilateral, international agreement, UN, General Assembly. Meanwhile to know what are the obstacles that prevent good relationship. Encountering terrorism, extremist groups and deal with them properly are the main targets of international community as it is international threat, thus needs international coordination, relationship. It is international issue more than national, so needs support each other,</em><em> determine the conditions such as political or social repression, others that make terror and violent, tackle those violent acts, as well as deals with other moderate groups differently.</em></p> <p><em>UN organization assists its member states to improve their abilities, build relationship and cooperation to implement their duties and strategy against global terrorism. As result there are several instructions and regulations issued by UN which can be easily practice on the ground by the states. In addition appropriate features and mechanisms added to make better relationship and coordination among communities after several various perspectives studied. </em></p> Sarteep Mawlood Copyright (c) https://public.scnchub.com/palr/index.php/palr/article/view/18 Wed, 25 Mar 2020 00:00:00 +0200 INTERNATIONAL LEGAL MEANS AND PROCEDURES TO SETTLE INTERNATIONAL DISPUTES https://public.scnchub.com/palr/index.php/palr/article/view/19 <p><em>The article highlights the norms and provisions of the international legal documents within the League of Nations, the United Nations Organization, the Organization for Security and Co-operation in Europe, the Council of Europe, the Organization of American States and the Organization of African Unity (African Union) in terms of the means and procedures for the peaceful settlement of disputes. In the process of studying the international legal acts, there are analysed provisions stipulating the use of means and procedures for the settlement of international disputes. There are also described characteristic features of applying these tools and mechanisms. Besides, it is conducted an analysis of their peculiarities and perspectives for the use in practice.</em></p> Mykhailo Vainagii Copyright (c) https://public.scnchub.com/palr/index.php/palr/article/view/19 Wed, 18 Mar 2020 00:00:00 +0200