Перегляд за Автор "Oleksandr Bryhinets"

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  • Ескіз недоступний
    Документ
    Anti-Corruption Policy in the Field of Public Administration of the Social Sector in the Context of Decentralisation
    (Law Journal of the National Academy of Internal Affairs, 2021) Iryna Ryzhuk; Oleksandr Bryhinets; Olena Halus
    The purpose of the study is to analyse the relationship between the implementation of the reform of decentralisation of public power in the field of social sector management and anti-corruption policy in Ukraine, and the development of scientifically based recommendations for improving legislation on the prevention of corruption in local self-government bodies. In the process of scientific research, a complex of philosophical and ideological, general scientific, and special scientific methods was used. The axiological approach is used to clarify the role and importance of proper legislative regulation of certain public relations that arise when making power decisions at the municipal level. The method of analysis and synthesis contributed to the analysis of the concept, features, object, parties, and conditions of decentralisation. From special scientific methods, the study applies systemic and structural-functional, comparative-legal. It is emphasised that the reform on the decentralisation of public power initiated the creation of united territorial communities capable of independently providing high-quality public services, organisational and legal guarantees to the population for the implementation of their constitutional right to social protection by residents. It is stated that many of the positive transformations that are being conducted in the state are being offset primarily at the local level due to the large-scale spread of corruption manifestations. Due to the lack of a special strategic document of anti-corruption orientation, the work of the Parliament on resolving the issue of the anti-corruption strategy was analysed, in particular, the Draft Law “On the principles of state anti-corruption policy for 2020-2024”. It is proved that corruption negatively affects the image of the state in the international community, hinders the attraction of foreign investment, and poses a threat to social and economic security. Due to the fact that fraud with budget funds causes substantial damage to the social functions of the state, corruption at the municipal level is often the most harmful, because it affects the most vulnerable segments of the population. It is determined that the legislative framework has been updated at the state level, concepts and programmes for preventing corruption have been adopted, and its own anti-corruption institutional model for organising public administration has been formed. It is stated that corruption continues to play a negative role in public administration, and the means and methods aimed at preventing it remain insufficiently effective. Ways to increase the level of anti corruption policy in the field of public management of the social sector in the context of decentralisation are proposed. The conclusion is formulated on improving the current anti-corruption legislation by adding local self-government bodies to the list of entities that approve anti-corruption programmes
  • Ескіз недоступний
    Документ
    Features of regulatory regulation of state financing of maintenance of jury trial in Ukraine
    (Revista Jurídica Portucalense, 2022) Viktor Ladychenko; Olena Uliutina; Liliia Pankova; Olena Gulac; Oleksandr Bryhinets
    The article analyses the peculiarities of legal regulation of state funding of jury trial maintenance in Ukraine. It has been established that public funding of the judicial system in Ukraine is currently extremely limited, which is a consequence of the economic crisis in Ukraine due to the temporary annexation of the Autonomous Republic of Crimea, permanent military clashes in the east of Ukraine and the global pandemic coronavirus. It has been proven that in economically developed countries of the world the level of state funding of the judicial system directly depends on the economic potential of the state and its stable position in the world economic market. Therefore, it is necessary for Ukraine, first of all, to move towards increasing its position on the global economic market and overcoming all manifestations of economic crisis. It has been established that jury trial is one of the key institutions of judicial power, the judiciary, and was created to implement the principle of direct participation of people in the administration of justice, which is confirmed by the provisions of the Constitution of Ukraine: "Jury trial" No. 3843 of 14.07.2020 and "About the introduction of amendments to certain legal acts of Ukraine due to the adoption of the Law of Ukraine "About jury trial" No. 3845 of 14.07.2020, have proved the urgency of further improvement of jury trial mechanisms, but only in the criminal proceedings, because in case of their adoption by the Supreme Council of Ukraine, jury trials will not have any legitimacy in civil proceedings. On the basis of the cited statistical data it was established that the monetary compensation for jury trial in Ukraine is minimal in comparison to the USA, Canada or France. On the other side, the UK, on the contrary, does not provide in its legislation for monetary compensation of jurors; only travel and per diem compensation exist. The high level of jury monetary compensation depends first of all on the social and economic development of the country. The conclusion is drawn that the legislator's actions of the recent years are directed at the classical jury trial model, which exists in many countries of the world, with an appropriate level of financial assistance and an appropriate level of logistical support.