scholarly journals Normative-legal bases of the interaction of local self-government bodies and institutes of civil society

2020 ◽  
Vol 8 (6) ◽  
pp. 132-139
Author(s):  
Larysa Danilova ◽  
Maryna Huba ◽  
Yuliia Makieshyna
Keyword(s):  
Civil Society ◽  
Local Governments ◽  
Civil Society Organizations ◽  
Common Interest ◽  
Legal Basis ◽  
Public Authorities ◽  
Strategy Of Development ◽  
Democratic State ◽  
Characteristic Features ◽  
Key Aspects

The article defines the concept of “civil society institutions” and presents their different types. The characteristic features of civil society institutions are identified, which distinguish them from other civil society organizations, like: common interest, activity or defined territory that unites citizens into an institutional organization of the civil society; their independence from local governments, public authorities, and other entities; non-commercial nature of their activities. The position of the civil society institutions development and their participation in governance as a component of the democratic state building, is highlighted in the article. The analysis of the normative-legal base, which regulates the legal relations of the interaction of civil society institutions with local self-government bodies, is carried out. It is established that the legal basis which regulates the interaction and legal relations of local governments with individual civil society institutions is the Constitution of Ukraine, international legal documents, other special laws of Ukraine, regulations. Based on the analysis, key aspects of cooperation are identified, which are proposed to be regulated by amending the Law of Ukraine “On Local Self-Government in Ukraine” which provides a separate article that will be the legal basis for building relations between all established civil society institutions and local governments. Analyzing the Decree of the President of Ukraine “On promoting the development of civil society in Ukraine” (2016), the authors concluded that it is necessary to regulate the aspects defined in this normative document and develop a strategy for cooperation between local governments and civil society institutions. The article proves the importance of using fundraising technology as a form of interaction between the researched subjects, which will satisfy their interests. The necessity of including fundraising technology in the strategy of development of interaction between local self-government bodies and civil society institutions is argued.

scholarly journals Public Audit: The Essence, Structural Elements and Features of Application

2021 ◽  
Vol 10 (525) ◽  
pp. 341-346
Author(s):  
V. Y. Karkovska ◽  
◽  
I. S. Vishka ◽  
Keyword(s):  
Civil Society ◽  
Local Governments ◽  
Social Values ◽  
Legal Framework ◽  
The State ◽  
Civil Society Organizations ◽  
Structural Elements ◽  
Public Authorities ◽  
State Administration ◽  
Business Structures

The article considers the features of interpretation of the term «public audit». On the basis of the researched information (domestic and foreign sources) the authors’ own understanding of the term «public audit» is formed, the features of its use are distinguished. The key structural elements of public audit are formed, which make evident the deviations in the interpretation of the concepts of both public and the State-based audit. The authors have determined, that public audit includes the State-based audit as a indispensable constituent, as far as public audit is carried out by the State, individual business structures, civil society organizations, etc. On the basis of the carried out research, it is specified that subject of implementation of public audit is analyzing and assessing certain areas of activity, namely: activities of public authorities, local governments, and other organizations. For an effective implementation of public audit a proper legal framework as well as a transparent partnership interaction between the civil society and the State administration sector should be formed. In its activities, public audit primarily focuses on the main objects such as social resources (labor, financial, material, natural, intellectual), as well as cultural and social values of citizens. The main purpose of the public audit is to verify the legality, transparency, and, consequently, the efficiency of the activities of the State bodies interacting with civil society which expects such an efficiency. Given this definition, it can be assumed that public audit is a financial instrument for detecting violations, which, in turn, through amendments and recommendations can improve the State administration at all levels, influence the development of institutional structures, achieve a new level of development of social values, optimize the management of the State resources for the benefit of the community.

scholarly journals Role of political parties in modern processes of state building in Ukraine

2020 ◽  
Vol 3 (3) ◽  
pp. 7-12
Author(s):  
Yuriy Kyrychenko ◽  
Hanna Davlyetova
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
Local Governments ◽  
Political Power ◽  
State Building ◽  
The Political ◽  
Public Authorities ◽  
The People ◽  
Problematic Situations

The article examines the role of political parties in modern state-building processes in Ukraine. The place of political parties in the political and legal system of society is determined. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered. It is noted that political parties play an important role in the organization and exercise of political power, act as a kind of mediator between civil society and public authorities, influence the formation of public opinion and the position of citizens directly involved in elections to public authorities and local governments. It is determined that in a modern democratic society, political parties carry out their activities in the following areas: the work of representatives of political parties in public authorities and local governments; participation in elections of state authorities and local self-government bodies; promoting the formation and expression of political will of citizens, which involves promoting the formation and development of their political legal consciousness. These areas of political parties determine their role and importance in a modern democratic society, which determines the practical need to improve their activities and improve the national legislation of Ukraine in the field of political parties. Political parties are one of the basic institutions of modern society, they actively influence the ac-tivities of public authorities, economic and social processes taking place in the state and so on. It is through political parties that the people participate in the management of public affairs. Expressing the interest of different social communities, they become a link between the state and civil society. The people have the opportunity to delegate their powers to political parties, which achieves the ability of the people to control political power in several ways, which at the same time through competition of state political institutions and political parties contributes to increasing their responsibility to the people. It is noted that the political science literature has more than 200 definitions of political parties. And approaches to the definition of this term significantly depend on the general context in which this issue was studied by the researcher. It was emphasized that today in Ukraine there are important issues related to the activities of political parties. First of all, it is a significant number of registered political parties that are incapable, ie their political activity is conducted formally or not at all. According to official data from the Department of State Registration and Notary of the Ministry of Justice of Ukraine, 352 political parties are registered, of which 48 political parties do not actually function. The reason for the liquidation of such parties is not to nominate their candidates for the election of the President of Ukraine and People's Deputies of Ukraine for 10 years. According to this indicator, Ukraine ranks first among other European countries. Thus, 73 political parties are officially registered in Latvia, 38 in Lithuania, 45 in Moldova, 124 in Romania, and 56 in Slovakia. However, despite the large number of officially registered political parties in Ukraine, public confidence in their activities is low. It is concluded that political parties occupy a special place in the political and legal system of society and play an important role in the organization and exercise of political power, as well as a kind of mediator between civil society and public authorities. The general directions of overcoming problematic situations of activity of political parties in Ukraine are offered, namely: introduction of effective and impartial control over activity of political parties; creating conditions for reducing the number of political parties, encouraging their unification; establishment of effective and efficient sanctions for violation of the requirements of the current legislation of Ukraine by political parties.

scholarly journals LEGAL AND ORGANIZATIONAL PRINCIPLES OF PREVENTION OF CORRUPTION IN THE FIELD OF PUBLIC ADMINISTRATION OF UKRAINE

2021 ◽  
Vol 4 (51) ◽  
Author(s):  
Olena Sakhan ◽  
Yaroslav Morozov
Keyword(s):  
Civil Society ◽  
Public Administration ◽  
Rule Of Law ◽  
Political Institutions ◽  
Well Being ◽  
Civil Society Organizations ◽  
Main Body ◽  
Public Authorities ◽  
Modern Development ◽  
Organizational Principles

Problem setting. Increased corruption at all levels of government has led to a significant minimization of the efficiency and performance of the entire system of political institutions, negatively affected the socio-economic well-being of the population, hampered the foundations of democracy, rule of law and civil society, created a real threat to Ukraine's national security. Therefore, the problem of preventing and combating corruption in the field of public administration is relevant and needs to be addressed immediately. Recent research and publications analysis on the prevention and combating of corruption in public authorities and local government shows a significant interest of scientists (N. Armash, K. Babenko, Y. Bisaga, A. Horowitz, K. Dubich, L. Campbell, I. Kerusauskaite, M. Kornienko, V. Tertyshnyk, S. Lazarenko, N. Lord, M. Melnyk, F. Mendes, A. Novak, S. Rose-Ackerman, I. Skobina, A. Stevanovich, V. Trepak, J.  E. Foster, I. Shvydkyi and many others) to improve mechanisms to combat corruption in Ukraine. However, despite numerous studies and effective proposals to overcome this destructive phenomenon in the public sector, this problem remains unresolved. Goal setting. The purpose of this article is to find effective legal and organizational tools to combat corruption in public administration in the conditions of the modern development of the Ukrainian state. Paper main body. During the years of independence, corruption has taken root at all levels of government and in many spheres of society, which was facilitated by political, economic, socio-psychological, organizational and managerial reasons. In addition, numerous forms of corruption were institutionalized into informal destructive institutions (nepotism, cronyism, patrimonialism, clientelism, favoritism, etc.), which led to the establishment of clan governance practices and leveling any prospects for state development. Based on the analysis of legal and organizational principles of preventing corruption in public authorities and local self-government, the authors propose a number of effective tools to combat corruption in the sphere of public administration, including, for example, high-ranking officials’ reports on their wealth and income through e-declarations, the institution of whistleblowers, control by anti-corruption bodies and public organizations over the wealth of those in power, the integrity of civil servants, anti-corruption activities of the media and anti-corruption education. Conclusions of the research. In order to optimize the current anti-corruption mechanisms, we consider it appropriate to take into account such factors as comprehensive rule of law and improvement of anti-corruption norms in order to prevent gaps and avoidance of legal liability for corruption, ensuring transparency of all management processes as well as transparent use and disposal of budget funds, adherence to the principles of openness and accessibility of information on the activities of public authorities and local self-government and ensuring effective interaction between public authorities and civil society organizations, a fair justice system, independent media and an active civil society.

scholarly journals Collective Action on Public Goods for Sustainable Development: Ethics in Action

2020 ◽  
Vol 4 (4) ◽  
pp. 14-27
Author(s):  
Lichia Y iu ◽  
Raymond Saner ◽  
Roland Bardy
Keyword(s):  
Sustainable Development ◽  
Civil Society ◽  
Collective Action ◽  
Public Goods ◽  
Global Scale ◽  
Civil Society Organizations ◽  
Stakeholder Group ◽  
Moral Foundation ◽  
Public Authorities ◽  
Private And Public

Maintaining and expanding public goods is synonymous with promoting sustainable development but discussions are needed to clarify how policies need to be coordinated to enable collective action on public goods. Collective action for Public Goods will only be successful if all who partake in such actions can gain complimentary benefits that would be either more costly or impossible to achieve without the collective effort. Such complementary benefits are possible provided all stakeholders contributing to the public good of social peace and social cohesion cooperate with each other and preserve this and other public goods be they citizens, civil society organizations, all public authorities and all business firms. This concerted effort for a good cause can certainly be coined “ethics in action” – a notion which exhibits the moral foundation of the private and public choices inherent in sustainable development implementation of which interactions amongst stakeholders are no longer transactional, but rather aspiring toward greater good. Civil society organizations are key stakeholders producing, maintaining, and benefitting from Public Goods. They should strive for full inclusion, as there are many people who are either excluded or under-provided with respect to public goods. Public authorities, another key stakeholder group, need to cooperate with other stakeholders through collaborative frameworks and mechanisms for collective action that bind states and international organizations at a global scale. Another important stakeholder group, private and public enterprises need to operate within a level playing field globally, conduct business based on Responsible Business criteria and be welcomed to contribute to Public Goods creation in a sustainable and proactive manner without causing negative impacts due to their business activities. This paper presents and discusses how collective action can be achieved through concerted efforts by all members of society aiming to produce and maintain public goods essential for the sustained and equitable functioning of society. The UN 2030 Agenda for Sustainable Development serves as a shared roadmap in achieving a shared future. Keywords: Collective Action, Public Goods, Sustainable Development, Corporate Social Responsibility, UN Agenda 2030.

scholarly journals Legal and institutional aspects that determine the dialog between public authorities and civil society organizations in the Republic of Moldova (part I)

2021 ◽  
pp. 30-47
Author(s):  
Liliana Palihovici ◽  
Keyword(s):  
Civil Society ◽  
Great Influence ◽  
Historical Analysis ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Public Authorities ◽  
Origin And Evolution ◽  
The Public ◽  
Republic Of Moldova ◽  
The Republic

CSOs are a key component of an open and democratic society as they play a key role in the strengthening of democracy and the rule of law, their dialogue with the public authorities being a precondition for this. By analyzing the development of dialogue between Moldovan CSOs and Central and Local Public authorities (CPA / LPA), I found that PA are not yet fully aware of the value of the dialogue, which is sporadic and guided by certain interests, that do not always coincide with the public interest. The key objective pursued by this research was to review the environment underlying activity and collaboration of the civil society from the standpoint of influence exerted by the internal and external factors that determine the core essence of the social environment, while paving and setting conditions for carrying out activities and collaboration between the civil society and public authorities. The paper aims to prove that more communication and collaboration between public authorities and civil society organizations, will likely result in a more inclusive, qualitative and focused act of governance. The author analyses and presents the existing decision-making systems and its consultation mechanisms with the civil society organizations in the Republic of Moldova, the existing opportunities for CSO’s involvement in the public policy making process and the actual practices. A number of research methods were used in the study, aimed at highlighting the particularities of the dialogue and cooperation between the public authorities (PA) and the CSOs, as part of the act of governance, studying the development over time and the influence of various social, economic and political factors on these processes. Thus, the historical analysis method to research the origin and evolution of the legal framework that regulates the dialogue and cooperation between PA and the CSOs was applied. It included analysis of the relevant laws, regulations and policies, together with existing reports and studies on the subject of research, in the Republic of Moldova. I found that public authorities are not yet fully aware of the value of the dialogue and the political factor is also of great influence, as in recent years there has been an increasing pressure on the civil society. The paper reflects the current situation in Moldova, which can be summarized as follows: a) there are no permanent mechanisms or platforms for cooperation and consultation, open to all. Civil society participation is limited to a small number of CSOs, and there are no incentives for the growth of CSOs. b) LPAs, compared to CPAs, enjoy a much higher level of ,,trust” from the society/community, but they rarely have the resources and skills to conduct a constructive dialogue with CSOs; c) there is a proven reluctance of the LPA/CPA to deepen the dialogue and cooperation with the civil society; d) The culture of participation is very weak as there is no perception that participation is an instrument of change. A number of recommendations in order to address the identified problems are listed.

scholarly journals Equality in Community Engagement: A Scoping Review of Evidence from Research and Practice in Scotland

2021 ◽  
Vol 30 (3) ◽  
pp. 355-380
Author(s):  
Ruth Lightbody ◽  
Oliver Escobar
Keyword(s):  
Civil Society ◽  
Community Engagement ◽  
Scoping Review ◽  
Local Governments ◽  
Global Scale ◽  
Public Authorities ◽  
Research And Practice ◽  
Civil Society Organisations ◽  
Community Processes ◽  
Evidence Review

In Scotland, innovative designs for community engagement have been developed by national and local governments, public authorities, and civil society organisations, leading to a wealth of literature and research. This evidence review of 79 articles and reports, explores the intersection between community engagement and inequality in Scotland. We find that the ways in which equality must be supported within community processes are often overlooked. Community engagement must be placed in the context of broader democratic innovation and citizenship at regional, national and global scale in order to become future proof. Appropriate resources are required to avoid replicating systemic inequalities as well as to support the development of a variety of institutions, processes and methods that cater for groups often mislabelled as ‘hard to reach’ but that are perhaps best seen as ‘easy to ignore’ ( Matthews et al. 2012 ). The paper highlights key learning and strategic considerations to inform practice in Scotland and beyond. The findings and recommendations are of relevance to reformers, innovators, researchers, practitioners and policymakers working across diverse policy areas and levels of governance.

scholarly journals Problematic issues of granting subsidies to business entities: Russian experience

2018 ◽  
Vol 2 (3) ◽  
pp. 52-63
Author(s):  
Y. Gerasimenko ◽  
A. Syntin
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Legal Framework ◽  
Legal Basis ◽  
Legal Research ◽  
Public Authorities ◽  
Abuse Of Power ◽  
The Subject ◽  
The Russian Federation ◽  
Business Entities

The subject of the paper is Russian the legal framework and law enforcement practice con-cerning granting subsidies to business entities.The purpose of the paper is to identify the legal problems of state support for small and medium – sized businesses by granting subsidies.The methodology of paper includes the formal logical interpretation of Russian legislation, systematization of the court practice concerning application of art. 15.15.5 (pt. 2) Code of Administrative Offences of the Russian Federation and other regulations.The main results and scope of their application. The legal basis of providing subsidies is characterized. The business support programs in Russia are analyzed. The author's ap-proach to the distinction between the concepts of "terms of granting subsidies”, “terms established when granting subsidies" and the "terms of using subsidies" is substantiated. The valid and invalid conditions for the granting of subsidies as well as the reasons for their return are proven. The results of research may be used as the basis of correction of Russian and foreign legislation concerning granting subsidies to business entities as well as step in future legal research in this sphere.Conclusions. Public authorities and local governments do not take into account differences between the terms "conditions for granting subsidies" and "conditions for the use of subsi-dies", unreasonably apply civil law norms to the rules for granting subsidies. Regional au-thorities do not effectively use the legal opportunities provided to them by the Federal leg-islator, as well as often allow the abuse of power.

scholarly journals E-GOVERNMENT AS A METHOD FOR LEGAL COMMUNICATION BETWEEN CIVIL SOCIETY AND PUBLIC ADMINISTRATION

2021 ◽  
Vol 1 ◽  
pp. 125-138
Author(s):  
Olena Makeieva ◽  
Liudmyla Shapenko ◽  
Kateryna Vodolaskova
Keyword(s):  
Civil Society ◽  
Public Administration ◽  
Local Governments ◽  
Digital Age ◽  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
Depth Analysis ◽  
Legal Communication

E-government is a form of public administration which promotes efficiency, openness and transparency of public authorities and local governments with the use of information and telecommunications technologies to form a new type of state focused on meeting the needs of citizens. E-government is studied as a way, a form, the concept, system and mechanism of cooperation between the state (public administration) and public sectors (civil society). As a method for legal communication between civil society and public administration, e-government plays the role of a means of public self-government, which involves interactivity and continuity of interaction between citizens and the state, the presence of public control over the activities of public authorities. This article is dedicated to reveal the role of e-government for realizing the goals of legal communication between its participants in public life. However, further in-depth analysis requires understanding the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, as well as exploring promising areas of legal regulation of virtual legal relations between public authorities and civil society. The implementation of e-government in Ukraine should be provided on a qualitatively new level to develop efficient legal communication between government and society as a whole, strengthen confidence in the state and its policies, improve cooperation between public authorities and local governments, business, citizens and civil servants. The authors of this article adhered to its purpose, which is to analyze the understanding of the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, and exploring promising areas of legal regulation of virtual legal relations between government and civil society.

Sign in / Sign up

Export Citation Format

Share Document