scholarly journals The system of administrative services in Ukraine: features of legal regulation

2020 ◽  
Vol 8 (6) ◽  
pp. 164-177
Author(s):  
Тetiana Mamatova ◽  
Natalya Sydorenko
Keyword(s):  
Local Governments ◽  
Legal Regulation ◽  
Strategic Decisions ◽  
Administrative Services ◽  
The Public ◽  
The Subject ◽  
Business Entities ◽  
Rule Making ◽  
Office Equipment ◽  
Gain Access

The article is devoted to determining the main stages of regulatory and legal support of the administrative services’ system in Ukraine development which include: laying the foundations of the administrative services’ system in terms of interaction with business entities (until 2005); the beginning of the administrative services’ system formation (2006–2008); rule-making activity for the purpose of streamlining the sphere of administrative services (2009–2013); expanding the local governments’ powers in the field of administrative services (2014–2017); development of a network of appropriate administrative services centres of local governments and digitalization of public services (2019–2020). Certain legislative acts that provide local governments with certain own and delegated powers in the field of administrative services are considered and analysed. Emphasis is placed on the fact that the legal field in the field of public administration, in particular, the provision of administrative services to the population, is constantly evolving. The study of trends in this area indicates that the further vector of development will be aimed mainly at the end user of services – the subject of the application – with regulatory priority of complex services and their provision mainly in electronic form, for example using the application «Diia» or similar services. It is determined that ensuring the innovative development of administrative services requires state executive bodies and local governments to make strategic decisions on the development of appropriate infrastructure: updating computer, specialized (workstations) equipment and other office equipment in the administrative services centres; ensuring high-quality communication for the effective operation of the Internet, which allows mobile administrative services centres and workplaces of administrators to work effectively, to provide services to individuals and legal entities in the territorial divisions of administrative services centres and remote workplaces, make instant payments for administrative services, gain access to state registers; implementation of activities to inform and involve the public in the administrative services centres’ activities.

scholarly journals Concept and Types of Administrative Restrictions within Legal Regulation of Economic Activity

2020 ◽  
Vol 91 (4) ◽  
pp. 193-201
Author(s):  
M. V. Starynskyi
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
Legal Regulation ◽  
Freedom Of Choice ◽  
Legal Norms ◽  
The Public ◽  
Legal Nature ◽  
The Subject ◽  
State Coercion ◽  
Business Entities

The article is focused on studying the concept of administrative restrictions used by state-authorized agencies in the process of regulating economic activity. Based on the analysis of scientific sources and the practice of legal regulation of economic activity, it has been emphasized that the category of “administrative restrictions” in modern legal science is mainly used to denote the result of relations related to the offense. It has been concluded that such an approach is controversial, and the approach when administrative restrictions are studied through the category of “coordination” is more appropriate. State-authorized agencies in order to ensure the public interest use a large number of administrative restrictions in the field of economic activity, which are formulated as individual (subjective) measures of administrative and legal nature defined by regulatory acts and aimed at coordinating the behavior and actions of the addressee in the sphere of economic activity within the appropriate limits that are introduced in order to ensure the public interest. In the course of the research the author has distinguished the features of administrative restrictions used in the legal regulation of economic activity, which include the following: 1) they are objectified in the legal norms contained in the normative legal acts regulating economic activity and having a restrictive nature; 2) they coordinate the activity of economic entities, defining the boundaries, the degree of freedom of choice of their actions; 3) the subject of application is a state-authorized agency in the field of regulation of economic activity, and the addressee is an individual or a legal entity – business entities; 4) the purpose of application is to bring the behavior of the subject in accordance with a certain standard of economic activity; 5) they have mandatory nature and are provided by state coercion. Based on the analysis of the practice of applying administrative restrictions in the field of economic activity, it has been concluded that they can be classified depending on the sphere of economic activity, object of influence, sphere of use, type of normative act containing administrative restrictions and content of administrative restrictions.

scholarly journals Administrative services in the sphere of economic competition

2021 ◽  
Vol 66 ◽  
pp. 147-153
Author(s):  
V.O. Kozhevnikov
Keyword(s):  
Public Administration ◽  
Public Services ◽  
Economic Competition ◽  
Administrative Services ◽  
Administrative Service ◽  
Service Activities ◽  
The Subject ◽  
Administrative Act ◽  
The Law ◽  
Business Entities

The article considers the issues of administrative services provided by the bodies of the Antimonopoly Committee of Ukraine and other bodies of public administration in the field of application of the legislation on protection of economic competition. The range of subjects of public services in the field of application of the legislation on protection of economic competition to which it is offered to carry bodies of the Antimonopoly committee of Ukraine, the Cabinet of Ministers of Ukraine and the Ministry of Economy of Ukraine is defined. The list of services provided by the Antimonopoly Committee of Ukraine is determined. These include: 1) granting permission for concentration; 2) granting permission to coordinate actions; 3) issuance of additional copies of certified copies of decisions on issues provided for in part two of Article 34 of the Law of Ukraine "On Protection of Economic Competition"; 4) preliminary conclusions on the qualification of actions (Article 14 of the Law of Ukraine "On Protection of Economic Competition"); 5) preliminary conclusions on concentration, concerted actions. It is proposed to extend the provisions of the Law of Ukraine "On Administrative Services" to services provided by the Antimonopoly Committee of Ukraine insofar as it does not contradict the legislation on protection of economic competition. Proposals have been developed to amend the Regulations on the procedure for submitting applications to the Antimonopoly Committee of Ukraine for prior obtaining a permit for concentration of economic entities in terms of clarifying the subjects of application for a concentration permit. Administrative services of the Antimonopoly Committee of Ukraine are service activities of the Antimonopoly Committee of Ukraine defined by normative legal acts aimed at meeting the private needs (interests) of business entities in the field of legal relations arising in connection with the application of legislation on protection of economic competition. related to the protection of their legitimate rights and interests). The administrative service of the bodies of the Antimonopoly Committee of Ukraine is provided exclusively on the basis of the application of the relevant business entity. Based on the results of the administrative service, the Antimonopoly Committee of Ukraine provides the subject of the application with an administrative act (permit) or a document.

scholarly journals Methods of Administrative and Legal Protection of Tax Relations: Theoretical and Legal Study

2019 ◽  
Vol 75 (4) ◽  
pp. 53-58
Author(s):  
K. S. Rohozinnikova
Keyword(s):  
Public Administration ◽  
Open Data ◽  
Legal Protection ◽  
Data Sets ◽  
Administrative Services ◽  
The Public ◽  
The Subject ◽  
State Coercion ◽  
The Relationship ◽  
Functional Purpose

The author of the article has provided the results of the analysis of the methods of administrative and legal protection taking into account the changes within the relations between public administration and taxpayers and the course chosen by the state for liberalization of tax relations. The place of the concept of the methods of administrative and legal protection in the term system of the science of administrative law and their dialectical relations with the methods of public administration and administrative activity has been established. The author has indicated generic and specific features of the methods of administrative and legal protection of tax relations, where the latter will depend on the peculiarities of the means and methods of influence used by the public administration for the purpose of exercising security functions. The system of methods of administrative and legal protection of tax relations has been offered to form from three elements: general methods of administrative activity (persuasion and coercion), service tools of influence (provision of administrative services, creation of electronic services and publication of open data sets) and organizational methods. The expediency of distinguishing service means of influence into a separate group of methods of administrative and legal protection has been proved. It is conditioned by their special functional purpose – creation of conditions for independent prevention of possible breach of protected relations by the taxpayer. The role and correlation of persuasion and coercion in the system of methods of administrative and legal protection of tax relations have been clarified. Despite the presented importance of the persuasion within the relationship between the controlling agencies and the taxpayers, it has been stated that state coercion remains the main mean of administrative and legal protection of tax relations. Particular attention has been paid on the need to reconsider the correlation of tax and administrative coercion within tax relations. It has been proved that the basis of their delimitation should be not the branch of legislation, where the authority to apply the appropriate measure is assigned, but the essential criterion and the subject matter of regulation (influence) – relations arising from incomplete calculation and late and incomplete payment of taxes and fees, or relationships related to the organization and enforcement of tax responsibilities and the proper exercise by the supervisory authorities of their powers. It has been emphasized that tax coercion, unlike administrative, performs both punitive and compensatory functions.

scholarly journals Visual Records and Urban Development

2013 ◽  
Vol 12 (3) ◽  
pp. 57-62 ◽  
Author(s):  
Jim Burant
Keyword(s):  
Urban Development ◽  
Especial Reference ◽  
The Public ◽  
Archival Documents ◽  
History Of ◽  
The Subject ◽  
Public Archives ◽  
Gain Access

This article describes the history and the holdings of the Picture Division of the Public Archives of Canada, with especial reference to their use as documents in the history of Canada. Visual records are often the most abused and misunderstood of all archival documents because researchers do not attempt to learn more about the context of their creation or their creators. Various examples are cited to buttress this contention, and attention is paid to some books where visual records form an integral part of the subject posited. A brief listing of useful resource publications in the study of Canadian visual records are given, as well as an explanation of how to gain access to the Picture Division's collections.

scholarly journals The sphere of land relations as a component of administrative and legal regulation subject

1970 ◽  
pp. 283-289
Author(s):  
Vladyslav Zalievskyi
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Status ◽  
Great Part ◽  
Legal Regulation ◽  
Administrative Law ◽  
Point Of View ◽  
Land Relations ◽  
Private And Public ◽  
The Subject

The author’s approach to defining the range of land-related and ground-related phenomena based on administrative law is proposed in the article. The availability of subject authority power relations in the structure and the fulfillment of relevant functions is the main criterion for the separation of such relations. The expediency of using the term “sphere of land relations” as those arising in connection with the exercise of power by the executive authorities and bodies of local self-government is validated and the subject of the relations is land, ground area, rights to them, as well as objects and subjects derived from them. Land relations are one of the largest in volume masses regulated by the norms of public relations law where an absolute majority of both private and public entities are involved. However, due to the diversity of such entities and differences in their legal status, the legal regulation of land relations uses the methods inherent in both civil and administrative law. In addition, in terms of the land law the existence of its own legal regulation method is emphasized. A great deal of research has been devoted to the issues of administrative and legal regulation of land relations, in particular by such scientists as E. Gladkova, M. Kovalsky, V. Pakhomov, M. Shulga, O. Nevmerzhitsky, D. Busuyok and others. Relevant papers from the administrative law point of view emphasize that a great part of the relations which have the subject of land and the phenomena connected with the ground are covered by the subject of administrative law. The aim of this article is to determine the range boundaries of land-related and ground-related phenomena that are regulated by administrative law. Taking into account the normative definition peculiarities of the “land relations” concept content in order to make scientific research, it is more correct to use the term “administrative and legal regulation in the field of land relations” in comparison with the term “administrative and legal regulation of land relations”. The term “sphere of land relations”, in our opinion, should be understood as a set of relations, which in addition to land includes relations arising in connection with the exercise of power by executive authorities and local governments and the subject of these relations is land, ground area, rights to them, and subjects and objects derived from them.

scholarly journals Ways to improve administrative and legal mechanism for ensuring the rights of business entities in the field of taxation

2020 ◽  
Vol 77 (2) ◽  
pp. 46-80
Author(s):  
А. М. Чорна
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
The Public ◽  
Low Level ◽  
State Tax ◽  
Business Entities ◽  
High Level ◽  
Legal Mechanism ◽  
Constructive Interaction

The author of the article, based on the analysis of scientific views of scholars and current legislation of Ukraine, elaborates the ways to improve administrative and legal mechanism for ensuring the rights of business entities in the field of taxation. It is substantiated that the objective prerequisites for improving administrative and legal mechanism for ensuring the rights of business entities in the field of taxation are: 1) low level of trust of entrepreneurs in the tax service; 2) high level of corruption in the agencies of the State Tax Service; 3) imperfect mechanism of legal regulation of tax advice; 4) low level of quality and efficiency of functioning of administrative and legal mechanism of ensuring the rights and lawful interests of business entities as taxpayers, etc. It was stated that the first step towards improving administrative and legal mechanism for ensuring the rights of business entities in the field of taxation should be the improvement of the relevant administrative legislation. The expediency of improving the organizational structure of the State Tax Service is substantiated. Emphasis was placed on the need to improve the interaction of the State Tax Service with other public authorities and the public on ensuring the rights of business entities in the field of taxation. It is noted that the deep and constructive interaction of the State Tax Service of Ukraine with other public authorities and the public is undoubtedly an important guarantee of high quality and efficiency for ensuring the rights of business entities.

scholarly journals MAIN INTERESTS OF A MEMBER OF THE TERRITORIAL COMMUNITY AS A CONSUMER OF MUNICIPAL SERVICES

2021 ◽  
Vol 2 (5) ◽  
pp. 30-40
Author(s):  
A. A. Kalarash
Keyword(s):  
Public Interest ◽  
Local Governments ◽  
Municipal Government ◽  
Local Population ◽  
Local Communities ◽  
Municipal Services ◽  
The Public ◽  
Full Implementation ◽  
The Status ◽  
Business Entities

The article examines the essence and features of the interests of a member of the territorial community as a consumer of municipal services, clarifying the public interest and the interest of a member of the territorial community, as well as providing characteristics of municipal services and outlining the specifics of the status of a member local governments in the formation and maintenance of such status. The notion of interests of a member of a territorial community as a consumer of municipal services is defined: it is a notion that reflects the aspirations, needs, motives, goals and ideas about the welfare of a member of such a territorial community as a local human community. self- government) through municipal enterprises or involved business entities, which ultimately aim to obtain quality and affordable services to the local population. It was found that municipal services are the activities of local governments, their officials or their established institutions, organizations and utilities to fulfill their responsibilities to local communities (or their community) to create conditions for the full implementation of citizens (members of the relevant territorial communities) their rights and freedomsIt was revealed that municipal services are the activities of local governments, their officials or their established institutions, organizations and utilities to fulfill their responsibilities to local communities (or their community) to create conditions for the full implementation of citizens (members of the relevant territorial communities) their rights and freedoms. It has been established that for the effective realization of the interests of members of the territorial community as consumers of municipal services, the municipal government, represented by local governments, must have information about the benefits that are important to them. It is noted that the normative indication in the interpretation of local self-government "in the interests of the local population (territorial community)" would not only clearly focus on understanding the purpose for which the institution of local self- government in Ukraine operates and what it is intended for.

scholarly journals Local rule-making as an element of local legal order

2021 ◽  
Vol 4 (14) ◽  
pp. 23-28
Author(s):  
V. Ye. LAPSHIN ◽  
◽  
V. V. SHAKHANOV ◽  
◽  
◽  
...  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Legal Order ◽  
Local Rule ◽  
The Subject ◽  
Rule Making ◽  
Limited Scope

The article analyzes the problematic issues of the content of local rule-making activity, which is considered as an element of the local legal order. It is noted that local rule-making should be necessary, not accidental. Local regulations acts are correlated with corporate acts. It is proposed to consider them as independent but partially overlapping phenomena. The segment of their intersection depends on the direction of legal regulation, methods of objectification outside and the type of the subject that generates them. The tendency of decentralization of legal regulation and its influence on the local legal order is noted. Local legal regulation has a limited scope of regulation (within a collective formation), is subordinate in nature, implements a generally permissible approach in a strictly defined legal framework and forms a local legal order

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.

THE SCALARIZATION OF VECTOR INDICATORS IN MAPPING PROBLEMS IN THE FIELD OF FINANCIAL MONITORING

2020 ◽  
pp. 34-43
Author(s):  
Yu. M. Beketnova
Keyword(s):  
Decision Making ◽  
Methodological Approach ◽  
Securities Market ◽  
Strategic Decisions ◽  
Managerial Decision ◽  
Managerial Decision Making ◽  
State Data ◽  
The Subject ◽  
Business Entities ◽  
Financial Monitoring

The paper presents results of mapping and visualization of financial monitoring data. Measures of deviant activity of financial monitoring objects for the purpose of mapping have been received. The proposed solution can serve as a powerful tool to support the adoption of strategic decisions and macro analysis of the situation in the field of financial monitoring. The approaches proposed in the article to the processing of state data make it possible to implement a new methodological approach to information and analytical support for managerial decision-making in assessing the situation in the field of financial monitoring. The subject of financial monitoring was simulated and the mathematical and methodological tools were selected to solve the problem of mapping deviant economic entities, the simulation result is an infographic of the geographical component of laundering criminal proceeds. To map information about financial monitoring objects, it is necessary to rank them. However, the objects of financial monitoring – business entities, professional participants in the securities market – are described by sets of characteristics, i.e. essentially are objects of vector nature. In mathematics, the ordinal relations for vectors, as is known, are not defined.

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