scholarly journals Development of organizational mechanism for local communities cooperation

2019 ◽  
pp. 129-138
Author(s):  
Vitalii Smachnyi
Keyword(s):  
Performance Indicators ◽  
Local Communities ◽  
Structural Units ◽  
Administrative Procedure ◽  
Effective Implementation ◽  
Governmental Body ◽  
Organizational Mechanism ◽  
Additional Control ◽  
Administrative Procedures ◽  
Administrative Actions

The article is devoted to the analysis of regulation of cooperation of local communities as a component of the organizational mechanism of cooperation. It is revealed that such document as a Regulation is a legal act that defines an administrative procedure (administrative procedures). The Regulations define the mandatory requirements for administrative processes and their components in the amount and forms that allow ensuring effective implementation of their competence by the local governmental body, its structural units and officials. The general principles for developing administrative procedures by the Regulations, including Regulations on cooperation are considered. It is determined that in order to optimize and modernize the performance of cooperation functions, any Regulation on cooperation should ensure: unification and universalization of the procedure for implementation of cooperation functions by local communities within their tasks; optimization of performance indicators on cooperation tasks; elimination of unnecessary administrative actions and procedures within the framework of cooperation; simplification of administrative procedures in the implementation of cooperation; reducing the period of administrative actions and procedures in the process of interaction of local communities;  elimination of unjustified actions at the discretion of bodies or officials within the framework of cooperation; removal of unjustified burden on local communities that act within the framework of cooperation. It has been researched that the Regulations on cooperation establish administrative procedures for cooperation of local self-government bodies. It is revealed that the Regulations on cooperation of local communities should provide the following procedures: exchange of information on planned activities and decisions on cooperation tasks; developing coherent approaches in the preparation of draft regulatory acts within the cooperation objectives; ensuring additional control over the processes of formation, implementation and responsibility for agreed programs and projects within the cooperation objectives; coordination of practical actions of the relevant local self-government bodies within cooperation tasks.

scholarly journals Legal Measures of State Care for the Family in the Republic of Belarus in the Forms of Family Protection and Marriage Strengthening

2021 ◽  
pp. 045-053
Author(s):  
M. V. Andryiashka ◽  
Keyword(s):  
Statistical Data ◽  
Additional Term ◽  
Marriage And Family ◽  
National Legislation ◽  
Administrative Procedure ◽  
The Family ◽  
Administrative Procedures ◽  
The Republic

The article analyzes individual measures aimed at protecting and strengthening the institutions of marriage and family in the Republic of Belarus, in particular, the establishment of a differentiated rate of state duty charged for divorce in both judicial and administrative procedures, as well as the provision of basic and additional term for divorcing spouses to take reconciliation measures. The article is based both on the norms of international legal acts and their interpretation by the authorized bodies, as well as on the norms of the national legislation of the Republic of Belarus and current statistical data. The article draws a number of conclusions: on the non-uniform application of security terminology in relation to the institutions of marriage and family; on the irrational approach to setting the rates of state fees charged for divorce in an administrative procedure; on unnecessary administrative barriers in the form of a two-month term for registration of a divorce in administrative procedure.

scholarly journals DEVELOPMENT OF THE ADMINISTRATIVE LAW IN THE KYRGYZ REPUBLIC

2020 ◽  
pp. 92-104
Author(s):  
Rustam Madaliev
Keyword(s):  
Administrative Law ◽  
Kyrgyz Republic ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Administrative Legislation ◽  
Administrative Procedures ◽  
Law And Legislation ◽  
Administrative Justice

The article provides an overview and stages of the development of law and legislation on administrative procedures and administrative justice in the Kyrgyz Republic. The article discusses the adoption, implementation, content and the application of the new Law on Administrative Procedure and the Administrative Procedure Code of the Kyrgyz Republic. At the beginning, the socio-political background and the rationale for the ongoing judicial reforms and the efforts of the state to strengthen the rule of law in the Kyrgyz Republic are described. A significant part of article considers steps for developing a law on administrative procedures of the Kyrgyz Republic and the problems associated with its development. Then, the content and issues of implementation and the problems of the practical application of the new law on administrative procedures of the Kyrgyz Republic are disclosed. A separate part is devoted to the development, content, implementation and practice of the application of the new Administrative Procedure Code of the Kyrgyz Republic. The article also outlines the problems and shortcomings in the practice of applying legal norms on administrative procedures and administrative justice in the Kyrgyz Republic. In general, the article summarizes that a new system of administrative law has been formed in Kyrgyzstan to replace “Soviet” administrative law, but there are still problems in understanding and applying the new administrative legislation: not all the regulatory framework and practice of administrative agencies are brought into line with the new legislation; there are facts of not understanding, ignoring and not applying the new legislation by public authorities; not all curricula of higher legal education are brought in line with a new understanding of administrative law. It is necessary to continue the implementation measures to put into practice the new administrative legislation through organizational measures to educate and train law applicators, as well as the development of judicial practice in administrative cases.

scholarly journals DETERMINING INDIVIDUAL CATEGORIES OF ADMINISTRATIVE PROCEDURES FOR PUBLIC REGISTRATION OF CIVIL STATES WITH ACCOUNTING OF LEGISLATIVE TRANSFORMATIONS

2019 ◽  
pp. 170-173
Author(s):  
O. H. Pohrebniak
Keyword(s):  
Administrative Law ◽  
The Public ◽  
Administrative Procedure ◽  
Modern Development ◽  
The Status ◽  
Civil Status ◽  
Administrative Procedures ◽  
State Registration ◽  
Administrative Proceedings ◽  
Theoretical Developments

The article defines certain peculiarities of administrative proceedings of state registration of marriage and establishment of paternity in Ukraine. It has been established that the procedures for state registration of acts of civil status are types of administrative procedures, it should first be noted that the general normative act which should define the notions and peculiarities of such procedures should be the Law of Ukraine “On the administrative procedure” 2018, which at present time is a project and submitted to the VerkhovnaRada of Ukraine for consideration. As a rule, scholars agree that the administrative procedure is directly related to the activities of the public administration and is an established algorithm for the functioning of the subjects of power. In this case, the procedures for state registration of acts of civil status are no exception. They are a kind of administrative procedures and implemented by state authorities, and in certain cases, and by local self-government bodies. At the same time having its own peculiarities regarding the procedure for implementation and the subject structure of such procedures. It has been established that the modern development of domestic administrative legislation and the practice of its application testifies that at present the administrative procedure as an independent component of administrative law has not yet been fully formed, although, given the active theoretical developments of the representatives of the administrative and legal science on the pages of scientific, journalistic and educational publications concerning the concept, features, types and structure of administrative procedures, and referring to the active legislative development of this tyranny, it is safe to say that the process of the administrative procedure in the structure of administrative law is actively continuing. Therefore, on the basis of theoretical developments and practical features, the author’s understanding of the concept of “administrative procedure of state registration of acts of civil status” is determined. In addition, given the specific features of administrative proceedings for state registration of civil status acts, as well as for a more complete clarification of the status and authority of all participants in certain administrative procedures, the necessary additional introduction of the concept of “implementation of the administrative procedure” is argued. Such category will allow to find out the place, role and authority not only of the administrative body, but also other participants in administrative proceedings. Thus, under the implementation of an administrative procedure, it should be understood as the observance, execution, use and application of procedural steps directed at the consideration and resolution of an administrative case.

scholarly journals CONSULTATIONS WITH THE PUBLIC AND STUDY OF PUBLIC OPINION AS ADMINISTRATIVE PROCEDURES: GENERAL CHARACTERISTICS

2020 ◽  
pp. 140-150
Author(s):  
В. О. Кінзбурська
Keyword(s):  
Public Opinion ◽  
Public Information ◽  
Public Consultation ◽  
Public Authorities ◽  
Competitive Selection ◽  
The Public ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Public Consultations ◽  
Public Monitoring

In the article the author defines the list of administrative procedures of interaction of state bodies with the public, which includes the procedures that arise in connection with: 1) public consultations (organization and conduct of public discussions of regulations); 2) the study of public opinion; 3) involvement of the public in the work of commissions established under public authorities; 4) exercising public control and supervision; 5) carrying out information activities of state bodies (publication of public information about the work of state bodies, providing answers to public requests for information); 6) activities of public councils in terms of interaction with state bodies (conducting public consultations, conducting public monitoring, holding meetings of the public council and making decisions of a recommendatory nature); 7) submission of appeals and requests for information (application of administrative procedures). The author analyzes some administrative procedures of interaction of state bodies with the public, namely: conducting public consultations and studying public opinion. The key features of the administrative procedure of public consultations are identified, which include: its dual form of implementation, as such consultations can be carried out both in person and via the Internet; availability of mandatory and optional stages; close connection with other administrative procedure related to the implementation of information activities of public authorities; obligatory documentation of the result in the form of a report, and in case of a face-to-face consultation with the public, also a protocol; the possibility of initiating this procedure by both entities government agencies and civil society institutions. It is noted that the administrative procedure for the study of public opinion is similar to the general administrative procedure for public consultation, but has its differences, in particular: it is initiated exclusively by state bodies (executive authorities); has no optional stages; provides for competitive selection among the subjects of public opinion polls, ie in fact it is a different administrative procedure for competitive selection; does not require logging, and the main document for the implementation of such a procedure is a report.

scholarly journals In the name of the public: Representatives of collective and wider interest of the public in administrative matters in Serbia

Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 504-531
Author(s):  
Jelena Jerinić
Keyword(s):  
Public Interest ◽  
Case Law ◽  
Legal Framework ◽  
Interested Party ◽  
The Public ◽  
Administrative Procedure ◽  
Active Approach ◽  
Legal Provisions ◽  
Direct Indication ◽  
Administrative Procedures

Serbian Law on General Administrative Procedure (LGAP) opened a possibility for broadening the standing in administrative procedures and administrative disputes, by inclusion of subjects representing collective interests and interest of the wider public - primarily, citizen associations and similar organizations. However, by failing to regulate a series of concrete issues, the Law places the administration and the Administrative Court before a challenge, demanding from them an extensive interpretation of not only LGAP's provisions, but other legislation already recognizing such organizations as AIDS in realization of the public interest. The author analyzes relevant legislation, as well as available administrative and court caselaw in search of these answers. The lack of explicit legal provisions could be balanced by a creative approach in practice, especially by the Administrative Court. Having in mind comparative solutions, the question arises whether it is necessary to regulate this category of potential parties separately or to link it more explicitly to the already existing notion of an interested party. Instead, completely new notions have been introduced - collective interests and the wider interests of the public - which are not or not consistently defined in Serbian law. The current, not so voluminous case law, shows that the administrative bodies need a more direct indication of the rules, i.e. a more explicit definitions of these terms. However, despite the restrictive legal framework, administrative bodies should be open to understanding the specific circumstances, i.e. the motivation that an organization has when it seeks standing. In the normative sphere, one of the solutions could be to envisage the analogous application of LGAP's provisions on the interested party. Other solutions could be sought in explicitly mentioning them in the provisions on right to appeal. The current formulations of LGAP do not provide sufficient guidance to the administration and an extensive interpretation would be a great challenge for them. An active approach of the Administrative Court could show the way for the administration toward and effective application of these provisions of LGAP.

E-Government in Syria

2012 ◽  
pp. 212-236
Author(s):  
Elias Farzali ◽  
Ghassan Kanaan ◽  
Raed Kareem Kanaan ◽  
Kamal Atieh
Keyword(s):  
Information Technology ◽  
Developing Countries ◽  
Social Problems ◽  
New Technology ◽  
Decision Makers ◽  
Survey Method ◽  
Enterprise Integration ◽  
Effective Implementation ◽  
Technology Revolution ◽  
Administrative Procedures

The information technology revolution has forced many governments to create new mechanisms for delivering services in order to reduce costs, increase the ease of administration, and overcome some of the economic and social problems. E-Government uses the methods of new technology to simplify administrative procedures and assist decision-makers in their operations. Using the survey method and interviews, this chapter investigates e-Government activities in Syria in order to explore the main barriers of e-Government. It focuses on how to utilize the necessary frameworks in policy, economics, administrative procedures, society, and technology, with the aim of showing the benefits of Enterprise Integration in e-Government. The chapter extensively reviews the literature on barriers to e-Government and Enterprise Integration technologies. Based on the investigation of barriers to current e-Government activities in Syria, the chapter proposes an e-Government Interoperability Framework that is designed to address effective implementation of e-Government in developing countries.

scholarly journals New Strategic Thinking in Mitigating the Challenges in Implementing Key Performance Indicators (KPIs) and Increasing Efficiency in Corporate Performance Management in MENA Region

2019 ◽  
Vol 10 (4) ◽  
pp. 59
Author(s):  
Moetaz Soubjaki ◽  
Radwan Choughri
Keyword(s):  
Performance Management ◽  
Significant Relationship ◽  
Performance Indicators ◽  
Corporate Performance ◽  
Implementation Process ◽  
Key Performance Indicators ◽  
Strategic Thinking ◽  
Mena Region ◽  
Effective Implementation ◽  
Goals And Objectives

The implementation of key performance indicators (KPIs) is a challenging task for many businesses. Yet, effective implementation of KPIs is among the major determinants of performance and success of an organization. This study explored the new strategic thinking in mitigating the challenges in implementing key performance indicators (KPIs) and increasing efficiency in corporate performance management in the Middle East & North Africa (MENA) region. The study sought to test three hypotheses: (i) there is a significant relationship between having enough training and awareness sessions before implementation and effective implementation of KPIs; (ii) there is a significant relationship between having KPI professionals and specialists and effective implementation of KPIs; and (iii) there is a significant relationship between having clear KPI goals and objectives, on one hand, and the effective implementation of KPIs on the other. Hypotheses 2 and 3 were proved to be true while results for hypothesis 1 were inconclusive. A total of 1007 participants from across the MENA region were involved in the study. The findings demonstrate the importance of having clear KPI goals and objectives and KPI professionals or specialists to oversee the KPI selection and implementation process. Further research should be conducted to establish whether there is a significant relationship between having enough training and awareness sessions before implementation and effective implementation of KPIs.

An Anti–New Dealer Legacy: The Administrative Procedure Act

1996 ◽  
Vol 8 (2) ◽  
pp. 206-226 ◽  
Author(s):  
James E. Brazier
Keyword(s):  
World War Ii ◽  
Administrative State ◽  
Full Account ◽  
Legislative History ◽  
Political Actors ◽  
Administrative Procedure ◽  
History Of ◽  
Administrative Procedures ◽  
Relationship Of ◽  
The New Deal

The Administrative Procedure Act of 1946 (APA) has been sorely neglected in the history of the relationship of the political actors to the administrative state. There is no full account of the history of the APA, yet there is an increasing need for such a history. There is a growing literature paying renewed attention to the importance of administrative procedures in the politics of the administrative state (McCubbins and Schwartz 1984; McCubbins, Noll, and Weingast 1987, 1989; Moe 1989; Hill and Brazier 1991; Farber 1992; Mashaw 1990; and Bawn 1995). With all this attention being given to the importance of administrative procedure, it is about time to examine the history of the act that established the minimum standards of administrative procedure. The act regulates the procedures for adjudication, access to, disclosure of, and publication of agency information, licensing, rule-making, investigations, tenure of administrative law judges, and judicial review of agency action. Standard accounts of the APA's legislative history such as Galloway's (1946) have conveyed the impression that the APA was a noncontroversial, consensual piece of legislation that provided much-needed reform of federal administrative procedures. The actual history of this act involved a prolonged battle among the bureaucracy, the judiciary, the presidency, the legislature, and interest groups for political advantage in the administrative state that had been created by the New Deal and World War II.

Final Report of the Attorney General's Committee on Administrative Procedure

1941 ◽  
Vol 35 (3) ◽  
pp. 501-506
Author(s):  
James Hart
Keyword(s):  
Attorney General ◽  
Final Report ◽  
The Public ◽  
Administrative Procedure ◽  
Private Interests ◽  
Public Hearings ◽  
Administrative Procedures ◽  
The Individual ◽  
Administrative Proceedings ◽  
Rule Making

What is undoubtedly the most thorough and comprehensive study ever made of Federal administrative procedure was completed with the submission to the Attorney General, in a letter dated January 22, 1941, of the final report of the Committee named. In its investigation and report, the Committee confined its attention to those Federal agencies that substantially affect private interests by their powers of rule-making and adjudication. To the study of their procedures, it assigned a staff of lawyer-investigators, which produced 27 mimeographed monographs, 13 of which have been printed as Sen. Doc. No. 186, 76th Cong., 3d Sess. In its interim report of January 31, 1940, the Committee thus described the methods being employed in the preparation of these monographic studies: “They have involved extended interviews with officials and employees of the agencies involved, with members of the public affected, and with attorneys who have represented clients before these agencies. Members of the Committee's staff have attended numerous hearings and other administrative proceedings as observers, and have closely examined the files of the agencies to discover the methods utilized in disposing of matters arising under the various statutes and regulations. Upon the completion of these investigations, the staff has prepared for the study of the Committee a preliminary report upon each agency, discussing in detail its administrative procedures. The report has been given to the officers of the affected agency for their consideration and comment. Thereafter, the full Committee has met with the agency's officers to discuss with them the facts and problems disclosed by the report.” (Final Report, pp. 254–255). The Committee held public hearings in June and July, 1940. In Chapter IX of its final report, it presents recommendations concerning a number of the individual agencies studied; and in Appendices B through M, it summarizes data collected on significant topics.

The Main Features of the Law Amending the General Administrative Procedure Act

10.4335/32 ◽  
2009 ◽  
Vol 6 (1) ◽  
pp. 71-86
Author(s):  
Tjaša Ivanc
Keyword(s):  
Decision Making ◽  
Key Words ◽  
Cost Effective ◽  
Effective Procedure ◽  
Legal Regulations ◽  
Administrative Procedure ◽  
Electronic Service ◽  
Administrative Procedures ◽  
The Law ◽  
The Right

The Law Amending the General Administrative Procedure Act refers to a variety of provisions. New solutions should contribute to a more rapid, more efficient and more cost-effective procedure. Primarily due to elimination of the inconsistent use of individual provisions in practice, the amending law regulates more definitely the issues of authorising the persons to manage and make decisions at different decision-making levels in administrative procedures in municipalities. The law also develops electronic operations and it especially amends the electronic service provisions. There is a fairly large number of amendments in the Service Chapter. And an important novelty needs to be emphasized. This is the institute of the waiver of the right to appeal which the General Administrative Procedure Act did not know. However, it is well-known in foreign legal regulations and in the Construction Act adopted in our country. KEY WORDS: • administrative procedure • electronic operations • right to appeal

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