BLACK SEA RESEARCH INSTITUTE OF ECONOMY AND INNOVATION

PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE

Scientific journal

Issue 1

Odesa 2017 Editorial board: Nakonechnyi Volodymyr Vasylovych – Doctor of Public Administration, Associate Professor Shaposhnykov Kostiantyn Serhiiovych – Doctor of Economic Sciences, Professor Bukhtatyi Oleksandr Yevheniiovych – Candidate of Public Administration Avramenko Nataliia Viktorivna – Doctor of Public Administration, Associate Professor Bendaravechine Rita – Ph.D., Professor of Public Administration Dziekanski Paweł – Ph.D., Professor of Public Administration Onyshchuk Svitlana Vasylivna – Doctor of Public Administration, Associate Professor Oharenko Viktor Mykolaiovych – Doctor of Public Administration, Professor Parkhomenko-Kutsevil Oksana Ihorivna – Doctor of Public Administration, Associate Professor Pilelienė Lina – Ph.D., Professor of Management and Public Administration Pokataiev Pavlo Serhiiovych – Doctor of Public Administration, Associate Professor

Website of the journal – www.pag-journal.iei.od.ua

Recommended for printing and distribution via Internet by the Academic Council of Black Sea Research Institute of Economy and Innovation minutes № 11 on 27.11.2017)

Scientific journal “Public Management and Administration in Ukraine” is registered by the Ministry of Justice of Ukraine (Certificate of state registration of the print media Series КВ № 22898-12789Р on 17.07.2017)

ISSN 2524-0898 © Black Sea Research Institute of Economy and Innovation, 2017  THEORY AND HISTORY OF PUBLIC ADMINISTRATION CONTENTS CONTENTS

SECTION 1 THEORY AND HISTORY OF PUBLIC ADMINISTRATION Herasymenko N.M. TAX INFORMATION EXCHANGE AS THE SUBJECT OF SCIENTIFIC ANALYSIS 5 Nahorna H.O. SOCIAL PROJECTING: HISTORY OF FORMATION AND DEVELOPMENT 10 Fedan Ya.I. GENESIS AND TRENDS OF DEVELOPMENT OF STATE ADMINISTRATION OF INCLUSIVE EDUCATION OF PERSONS WITH SPECIAL NEEDS IN FOREIGN COUNTRIES AND IN UKRAINE 14

SECTION 2 MECHANISMS OF PUBLIC ADMINISTRATION Bazenko V.А. MECHANISMS SUPPORTING THE PHYSICAL CULTURE AND SPORT DEVELOPMENT IN THE CONDITIONS OF DECENTRALIZATION 19 Havrysh-Musafir A.O. MARKETING OF THE PUBLIC ADMINISTRATION BODIES AS THE MECHANIZM OF THE PEOPLE’S STANDARDS OF LIFE INCREASING 26 Dyvushchak O.O. WAYS OF PERFECTION OF MECHANISMS OF COOPERATION BETWEEN PUBLIC ADMINISTRATION AND NON-GOVERNMENTAL ORGANIZATIONS IN THE SPHERE OF COMBATING HUMAN TRAFFICKING IN UKRAINE 31 Krasilovska Z.V. THE ORGANIZATIONAL AND LEGAL FORMS OF THE ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN THE STATE ADMINISTRATION ACTIVITIES: CONDITION AND PROBLEMS OF THE LEGAL REGULATIONS 35 Malash S.M. DIRECTIONS OF PERFECTION OF PUBLIC INTERACTION OF EXECUTIVE AUTHORITIES 40 Naboka K.O. DIRECTIONS FOR IMPROVEMENT OF ADMINISTRATIVE AND ORGANIZATIONAL REGULATION OF THE LAND MARKET IN UKRAINE 44 Sakun A.A., Tardaskyna T.N. STATE MANAGEMENT BY A SUCCESSFUL NATIONAL BRAND IN GLOBALIZATION CONDITIONS 48

SECTION 3 PUBLIC SERVICE Varunkiv L.V. CONSIDERING THE POTENTIAL OF INSTINCTIVE CITIZENS IN PUBLIC ADMINISTRATION 52

3 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE SECTION 4 LOCAL GOVERNMENT Feloniuk T.A. CHARACTERISTICS OF THE LOCAL SELF-GOVERNMENT MODEL OF FRANCE: EXPERIENCE FOR UKRAINE 57

SECTION 5 PUBLIC ADMINISTRATION IN THE FIELD OF STATE SECURITY AND PUBLIC ORDER PROTECTION Veselska L.A. GOVERNMENT REGULATION OF FORCED MIGRATION, ORGANIZATIONAL-LEGAL ASPECTS 62 Hontar Z.H. STATE ADMINISTRATION OF VOLUNTARILY FIRE PREVENTION IN GALYCHINA AND EUROPEAN EXPERIENCE OF VOLUNTEER HELP ACTIVITY ARE IN COUNTRIES OF EU 67

4 Issue 1. 2017  THEORY AND HISTORY OF PUBLIC ADMINISTRATION SECTION 1 THEORY AND HISTORY OF PUBLIC ADMINISTRATION

TAX INFORMATION EXCHANGE AS THE SUBJECT OF SCIENTIFIC ANALYSIS

The article analyzes the approaches to the definition of “information”, “tax information”, “exchange of tax information”. It is proved that the essence of tax infor-mation should be considered in a broad sense. The concept of tax information is not to be limited exclusively as information or data created or obtained by the tax authorities. As the tax information in the article it is proposed to consider any facts, reports or records in any form that may be used to establish the tax liability of taxpayers. As the Herasymenko N.M. exchange of tax information in the article it is suggested to consider any actions related to obtaining, Postgraduate Student of National processing and subsequent transfer of the tax information from one entity to another. Academy of Public Administration Key words: information, tax information, classification of tax information, ex-change of tax information, under the President of Ukraine international information cooperation.

Formulation of the problem. Ensuring and regulatory aspects of tax information, one can effective economic development is one of the mention such scholars as I. Babin, S. Dukanov, key tasks of the present. Modern conditions for I. Kucherov, M. Kostenko, O. Mandzyk, K. Proskura, the functioning of the economy require the rapid O. Timartsev, O. Shevchuk, K. Yusupov and others. adoption of managerial decisions and, at the Selection of previously unsettled parts same time, increasing their quality. In order to of the general problem. However, the analy- respond to such challenges, management should sis of scientific literature has shown that certain recognize the decisive role of information in their aspects of international cooperation, and in par- activities, consider information as an important ticular the notion of tax information and proce- strategic asset that allows solving ongoing tasks, dures for the exchange of tax information, require critically analyzing past activities, and developing additional research in view of the importance for sound plans for future periods. each country of the development and strict appli- The last decades have been marked by the cation of the relevant rules and norms at the level rapid development of information and telecom- of national tax legislation, and at the level of inter- munication technologies, which has become one national treaties. of the key factors in globalization of the world The purpose of the article. The article economy. At the same time, the activities of tax seeks to analyze the available in the scientific and authorities mostly remained limited by national ecclesiastical literature and normative legal acts borders. In such circumstances, the exercise of definition of the concept of “information”, “tax sovereign tax powers, including audit and infor- information”, “exchange of tax information” and mation collection, is generally limited to persons, clarify the content of these categories. information or activities within the territory of a Presenting main material. In the mod- separate jurisdiction. As a result, the national tax ern world, information is a crucial category and authority can only see a small portion of the total element of legal relations in different spheres. activity or investments of a single taxpayer. To According to UNESCO, information is a universal bridge the gap in information, countries increas- substance that transcends all spheres of human ingly rely on the exchange of tax information. activity, serves as a guide to knowledge and Increasing the role and volume of tax infor- ideas, a tool for communication, mutual under- mation exchanged between national tax author- standing and cooperation, the adoption of stereo- ities will update the research of the essence of types of thinking and behavior [15]. It is clear that tax information and the exchange of tax infor- the information has unique properties. Material mation, etc. things are always and everywhere are limited by Analysis of recent research and publi- weight, spatial-temporal parameters. Information cations. A significant contribution to the study in terms of use overcomes all these barriers and of the category of “information” was made by a acts as a substance that does not have such number of domestic and foreign scholars such as restrictions. That is why its possibilities are inex- L. Brillouin, N. Winner, V. M. Glushkov, P. Drucker, haustible; it turns into a more perfect intellectual A. D. Yelyakov, Y. S. Marshak, F. Mihlup, A. Mole, product, which humanity used at all times [2]. V. B. Nikolayev, M. Porat, D. Stigler, E. Toffler, Since the middle of the twentieth century, K. Shannon and others. Among the domestic and information has become the subject of research foreign researchers who outlined the separate legal not only in exact sciences, but also begins to

5 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE study law sciences. Each science examines the the Tax Code of Ukraine. The same definition is aspect of information that relates to the subject also enshrined in the Tax Code of Ukraine [6]. and methodology of its research. With all the At the same time, somewhat different interpre- diversity of approaches, it's important to note that tations of tax information are found in the scien- “documented or publicly disclosed information” tific literature. Thus, O. Mandzyuk proposes the is the most widely used approach to defining and following definition: tax information is socially understanding the term “information”. significant information and/or data that can be The Law of Ukraine “On Information” in the stored on tangible media or displayed electron- previous edition contained exactly this meaning ically, created or received by the tax authorities of this notion. The current version of the Law of within the limits of powers not provided by law in Ukraine “On Information” defines the term “infor- order to ensure effective functioning of the taxa- mation” as “any information and/or data that can tion system. The investigator also proposed the be stored on tangible media or displayed elec- typology of tax information: tronically” [8]. 1) open tax information – it is information of In the Ukrainian legislation, the definition the tax authorities, as well as their structural units, of this concept is also contained in the laws of which is informative and is used to improve the Ukraine “On Scientific and Technical Information”, implementation of their service functions; “On Telecommunications”, the Civil Code of 2) tax information with restricted access – it is Ukraine, etc. The Law of Ukraine “On Scientific publicly significant information and/or data that and Technical Information” defines the notion can be stored on tangible media or electronically “scientific and technical information” as any displayed, created or received by the tax author- information and/or data on domestic and foreign ities within the limits of the powers stipulated by achievements of science, technology and pro- law, in order to ensure effective the functioning duction obtained during the research, develop- of the taxation system, the access to which is ment, design, technological, industrial and public restricted by them in accordance with the legis- activities that can be stored on tangible media or lation of Ukraine in connection with the special displayed electronically [11]. value for their owners or conscientious users or in In accordance with the Law of Ukraine connection with official necessity; “On Telecommunications”, information is defined 3) tax secrecy – it is publicly significant infor- as information provided in the form of signals, mation and/or data that can be stored on tangible signs, sounds, moving or still images, or other- media or displayed in electronic form, created or wise [12]. In the Civil Code of Ukraine (Part 1, received by the tax authorities within the powers Article 200) it is determined that information is provided for by law, in order to ensure the effec- any information and/or data that can be stored on tive functioning of the taxation system, access to tangible media or displayed electronically [13]. which limited to them in accordance with the leg- In the tax area, information relations are regu- islation of Ukraine in connection with the special lated by the Constitution of Ukraine, the Tax Code value for their owners or conscientious users; of Ukraine, the Law of Ukraine “On Protection 4) business tax information – it is socially sig- of Personal Data” [10], the Law of Ukraine nificant information and/or data that can be stored “On Access to Public Information” [7]. on tangible media or displayed in electronic form, Previously, the Law of Ukraine “On Information” created or received by the tax authorities within did not contain the definition of this type of infor- the powers provided for by law in order to ensure mation as tax information. Only with the adoption the effective functioning of the taxation system, of the Tax Code of Ukraine was introduced a num- access to which are limited to them in accordance ber of amendments and additions, according to with the legislation of Ukraine in connection with which, along with information on the individual, official necessity [4]. reference and encyclopedic nature, the state of Analyzing the considered approach, it should the environment (environmental information), the be noted that O. Mandzyuk focuses on the infor- product (work, service), scientific and technical mation and / or data created or received by the information, legal, statistical and sociological tax authorities. Thus, the information or data that information, and tax information appeared [4]. is at the disposal of other authorities or taxpayers According to Art. 16 of the Law of Ukraine and may be used for tax purposes remain outside “On Information”, tax information is a collection of the attention. Similarly, the typology of tax infor- information and data created or received by the mation proposed by O. Mandzyuk implies its dis- subjects of information relations in the process tribution, depending on the degree of openness of current activity and necessary for the imple- of information available to tax authorities. mentation of tasks and functions entrusted to the In turn, G. Dolmatova and Y. Chmir offer the supervisory bodies in the manner prescribed by following definition of tax information: “tax infor-

6 Issue 1. 2017  THEORY AND HISTORY OF PUBLIC ADMINISTRATION mation is documented or publicly disclosed infor- is the consideration of the concept of “exchange mation relating to the administration or imple- of tax information”, because this aspect is today mentation of domestic tax legislation” [1, p. 93]. the main part of international tax cooperation. In Such an approach, in our opinion, also reduces this context, it should be noted that the definition the amount of tax information, especially in of the concept of “exchange of tax information” the context of the international tax information is not legally defined in Ukraine. Although at the exchange, as it only emphasizes the use of infor- bilateral level, the basis for the development of mation for the enforcement of domestic tax legis- Ukraine's cooperation with other states in the lation. Information relating to the performance by area of exchange of tax information is the relevant taxpayers of their obligations to tax authorities of articles of the treaties on avoiding double taxation other countries, or information that is available to of income and property, and the provisions on tax authorities of other countries and can be used information exchange are contained in all, with- for tax purposes by domestic tax authorities, also out exception, the treaties of avoidance of double fall outside this definition. taxation [5]. However, none of them contains a In our opinion, the most general definition of clear definition of the concept itself. tax information, especially taking into account In Ukraine, the exchange of information in the processes of international tax information accordance with all tax treaties is carried out in exchange, is that enshrined in the Agreement accordance with the Procedure for the exchange on Exchange of Information on Tax Matters of of information by special written requests with the Organization for Economic Cooperation and the competent authorities of foreign countries, Development. In particular, it is provided that for approved by the order of the Ministry of Finance the purposes of the Agreement, the term “infor- of Ukraine dated November 30, 2012 No. 1247 mation” means any facts, reports or records in [9]. This document was developed on the initia- any form. As stated in the agreement itself, this is tive of the tax service of Ukraine in order to ensure a rather broad definition. Therefore, the commen- the effective exchange of tax information with the tary to the Agreement provides additional expla- competent authorities of other countries on spe- nations as understood by the term “records”: the cial written requests for the correct application of records include, but are not limited to: an account, tax legislation and the fight against tax evasion. a contract, a book, a chart, a table, a chart, a form, The legal grounds for the development of the an image, an invoice, a letter, a card, a memoran- order were the provisions of Chapter I of Chapter dum, plan, declaration, telegram and voucher. III of the Convention on Mutual Administrative The term “record” is not limited to information Assistance in Tax Matters, provisions on the that is in paper form, but also includes informa- exchange of tax information on double tax treaties tion contained electronically [14]. [3] and Articles 72-74 of the Tax Code of Ukraine. It is also important to note that the definition The order was developed in order to effectively given does not limit information solely to the perform the functions of the competent authority taxpayer. The term “information” is defined in a of the state tax service in accordance with interna- broad sense and may include, for example, legal tional treaties on the avoidance of double taxation circumstances, relevant economic criteria and and the implementation of the fight against tax eva- risk analysis tools, etc. sion. The mechanism of implementation, provided In view of the rapid development of informa- by the order, is to organize the effective exchange tion and communication technologies, the emer- of tax information by special written requests with gence of new types of business, the conversion of the competent authorities of foreign countries. The ordinary business processes into electronic for- provisions of the Order provide for the preparation mat (e-commerce, e-auctions, e-banking, etc.), and execution of documents on the exchange of the use of a more general approach to the defini- tax information in the framework of relevant inter- tion of information, and in particular tax informa- national agreements with the competent authori- tion, in our opinion, is justified. Similarly, it is not ties of foreign countries, namely: preparation and necessary to limit the range of entities that act as submission of a special request to the competent owners or managers of tax information, only by authorities of foreign countries; consideration, tax authorities. But, on the other hand, the defini- execution of a request received from the compe- tion contained in the Agreement on the exchange tent authorities of foreign countries; processing a of information on tax issues does not indicate the response to a special request received from the scope of information - taxation. In our view, it is competent authorities of foreign countries. necessary to emphasize this aspect by providing Also, this document provides the terms for the definition of tax information. providing information, the grounds for the prepa- An important understanding of the current pro- ration of requests, etc. According to this order, cesses of international cooperation on tax issues considerable amount of information exchange is

7 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE carried out annually between Ukraine and a con- tion between the relevant tax authorities, in par- siderable number of other countries. At the same ticular through the exchange of tax information. time, the rules of this order, approved in 2012, Based on the analysis, it is proved that the must be revised today. One of the reasons for this essence of tax information is expedient in the is that the act does not contain a clear definition broad sense, not to limit it solely to the informa- of the concept of “exchange of tax information”. tion or data created or received by the tax author- The need for a clear definition of the “tax infor- ities. The most appropriate approach is to use a mation exchange” category is due to the fact that more general approach, under which tax infor- understanding the goals and content of the tax mation refers to any facts, reports or records in information exchange allows to standardize the any form that can be used to establish taxpayers' relevant procedures both within the tax authority tax liabilities. Under the exchange of tax informa- and internationally. Such standardized proce- tion, the article proposes to consider any actions dures create a platform that can accelerate the related to the receipt, processing and subsequent exchange of information, combat tax evasion, transfer of tax information from one entity to and formulate appropriate tax policies. another. Given the complexity of the “tax informa- In the most general form, the exchange of tax tion exchange” category, further research needs information is any action for the receipt or trans- to focus on structuring tax information exchange fer of tax information from one entity to another. procedures, defining the functions and powers of In the context of the international tax information all actors involved in the relevant procedures. exchange, it is a question of collecting, process- ing and transferring tax information from one side REFERENCES: to another, that is, from the authorized tax author- 1. Долматова Г. Сучасне підґрунтя поширення ity of one country to an authorized tax author- міжнародного обміну податковою інформацією / ity of another country or several countries. The Галина Долматова, Юлія Чмир // Економічний ана- exchange of tax information involves coordinating ліз. – 2008. – Вип. 3 (19). – С. 93-95. requests for information from specific taxpayers 2. Еляков А. Д. Природа современного инфор- мационного общества / А. Д. Еляков // Науч.-тех. both from outside (that is, from an initiative of a инф-ция. Сер. 1, Орган-ция и методика информ. foreign partner) and independently initiated (that рабо-ты. – 2010. – № 3. – С. 1-14. is, on the initiative of the authorized tax author- 3. Конвенція про взаємну адміністративну ity). As a rule, the information requested relates to допомогу в податкових справах Ради Європи/ОЕСР consideration, investigation of circumstances or [Електронний ресурс]. – Режим доступу : za-kon2. investigation of a taxpayer's tax liability during a rada.gov.ua/laws/show/994_325 certain tax period. Most queries relate to the out- 4. Мандзюк О. А. Правовий режим податко- come of a particular tax return, although requests вої інформації в Україні відносин : дис. … канд. may also arise in matters of collection, criminal юрид. наук : 12.00.03 / Олег Андрійович Мандзюк. – investigations or other tax administrative proce- Запоріжжя., 2014. – 198 с. 5. Селезень П. О. Обмін податковою інформа- dures, as provided for in international tax infor- цією в договорах України про уникнення подвійного mation exchange agreements. оподаткування / П. О. Селезень // Юрид. Україна. – Thus, the notion of “exchange of tax informa- 2010. –№ 8. – С. 54–59. tion” covers a large number of internal and exter- 6. Податковий кодекс : Закон України від 2 груд. nal procedures for the interaction of tax authori- 2010 р. № 2755-VI (із змін. і доповн.) [Електронний ties of different jurisdictions, tax authorities and випуск]. – Режим доступу : http://zakon4.rada.gov.ua/ other authorities within the same jurisdiction. The laws/show/2755-17 complex set of such procedures requires their 7. Про доступ до публічної інформації : Закон structuring and a clear definition of the powers України від 13 січ. 2011 р. № 2939-VI (із змін.) [Електронний випуск]. – Режим доступу : http:// and responsibilities of each body involved in the zakon5.rada.gov.ua/laws/show/2939-17 process of exchanging tax information. 8. Про інформацію : Закон України від 2 жовт. Conclusions and suggestions. In recent 1992 р. № 2657-XII (із змін. і доповн.) [Електронний decades there has been an unprece-dented liber- випуск]. – Режим доступу : http://zakon5.rada.gov.ua/ alization and globalization of national economies. laws/show/2657-12 More and more countries eliminate or reduce 9. Про затвердження Порядку обміну подат- control over foreign investment and weaken or ковою інформацією за спеціальними письмовими eliminate foreign exchange controls. While tax запитами з компетентними органами іноземних authorities continue to operate within national країн : Наказ Міністерства фінансів України від jurisdictions, taxpayers operate on a global mar- 30 листоп. 2012 р. № 1247 [Електронний ресурс]. – Режим доступу : http://zakon5.rada.gov.ua/laws/show/ ket. This imbalance and differences in national tax z2171-12 systems have led internationally to begin to com- 10. Про захист персональних даних : Закон bat harmful tax practices by enhancing coopera- України від 1 черв. 2010 р. № 2297-VI (із змін.)

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[Електронний випуск]. – Режим доступу : http:// 13. Цивільний кодекс України : Закон України zakon5.rada.gov.ua/laws/show/2297-17 від 16 січ. 2003 р. № 435-IV (із змін. і доповн.) 11. Про науково-технічну інформацію : Закон [Електронний випуск]. – Режим доступу : http:// України від 25 черв. 1993 р. № 3322-XII (із змін.) zakon3.rada.gov.ua/laws/show/435-15 [Електронний випуск]. – Режим доступу : http:// 14. Agreement on Exchange of Information on Tax zakon3.rada.gov.ua/laws/show/3322-12 Matters / The Organisation for Economic Co-operation 12. Про телекомунікації : Закон України від and Development [Електронний ресурс]. – Режим 18 листоп. 2003 р. № 1280-IV (із змін. і доповн.) доступу : https://www.oecd.org/ctp/harmful/2082215.pdf [Електронний випуск]. – Режим доступу : http:// 15. National information society policy: a template / zakon4.rada.gov.ua/laws/show/1280-15 UNESCO. – Paris, November 2009. – 143 p.

9 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE SOCIAL PROJECTING: HISTORY OF FORMATION AND DEVELOPMENT

Nahorna H.O. Postgraduate Student of the Department of Regional Policy and Public Administration The article is dedicated to research of the history of the development of social projecting. The pro- cess of formation of social projecting in the XX-XXI centuries is analyzed. The features of the defi- of Odessa Regional Institute of Public nition of social projecting at each stage of development are given. The importance of the historical Administration analysis of the development of social projecting is identify. The necessity of research of evolutionary of National Academy of Public process of social projecting for the efficient use is grounded. Administration under the President Key words: social projecting, the history of the development, the process of formation, social engi- of Ukraine neering, administration, technology.

Formulation of the problem. Today, theoretical bases of social designing are deter- Ukraine is on the verge of complex reforms and mined, Butchenko T.I. considered the practi- transformations that require radical and confi- cal aspect of social design in the context of the dent steps, modernization of social relations and relationship of social needs and public interests; adaptation to modern challenges. Today, the Antonova O.V., Antonyuk G.A., Pushkareva G.V., development of an independent Ukrainian state Gafarova L.A., Sinitsa M.I., Romaniuk J.A. inves- is an important task of reforming all spheres of tigated the issues of social design in manage- society's life, raising standards and welfare of ment. Historical aspects of development were the population, as outlined in the Ukraine-2020 given to Antonyuk G.O., who is the founder of Sustainable Development Strategy, approved the theory of social design, and Glazychev V.G., by the Presidential Decree of 12.01.2015 for Genisaretsky O.I., Lukov V.A., Butchenko T.I., as № 5/2015. well as many other researchers. The reform process does not always pro- Selection of previously unsettled parts duce the desired results. The reason for this of the general problem. In spite of the high is a number of problems, one of which is the interest in the concept of “social design” in recent urgent need to use new tools in the preparation times, insufficient attention is paid to the issues and implementation of reforms, including social of the historical development of this phenomenon design. Involving social designing technologies as an integral aspect of the effectiveness of its in the reform process will provide an opportu- use. In order to explore social design to a greater nity to identify the main goals and objectives of extent and understand the importance of using the reform, identify possible scenarios, exclude it in various spheres of life, in the field of public possible risks, choose the best way to solve administration, it is necessary to consider the problems, achieve the goals and provide a pre- preconditions for its occurrence and the process dictive assessment of the future social object, of historical formation. process, and phenomenon. The purpose of the article. That is why the For the effective use of social design in the purpose of the article is to study the process of process of reforming, preparing, adopting and development of social design, its formation, which implementing government-management deci- will ensure the application of methods and tools of sions, it is necessary to understand the essence social design, which have developed historically, of this concept, which requires the study of the in the process of preparation and implementation process of development and the formation of of management decisions, the implementation of social design. state reforms, development of society as a whole. Today, social design is at an advanced stage Presentation of the main research mate- and increasingly attracts the attention of modern rial. Looking at the history of the emergence scholars and researchers. In our time, interest in of social design, some scholars argue that it priority, national projects, programs, strategies, appeared after ancient times, someone claims as well as the desire and the need to use design that only from the 70's of the twentieth century. thinking in various spheres can be called a new Project elements are found in the activities of stage in the development of management. prominent figures from ancient times. But the Analysis of recent research and pub- very concept of social design has become a mod- lications. The problem of social designing is ern science not so long ago. Starting from the dealt with both by domestic and foreign schol- 20-30's of the last century, an ideology of design ars. Thus, Glazychev V.G., Dondurii D.B., was started, in which the task was to design new Genisaretsky O.I. looked at social design in their social relations, social culture, new thinking of work in the context of the concept of socio-cul- man, which today relate to social activity. tural design. In works by Lukova V.A., Lukova O., The social design of the twentieth century Kurbatova V.I., Bezpalko O.V., Samburova E.A. evolved gradually, namely, the evolution of the

10 Issue 1. 2017  THEORY AND HISTORY OF PUBLIC ADMINISTRATION notion of social designing went from design to eliminating conflicts in production. In addition, manufacturing (engineering, engineering, archi- designing begins to be used in the process of tecture) to traditional design (design, urban design and urban development. development), then to the projected project At the end of the 60s, the issue of social design design (social forecast, design, planning), and and understanding became of a different nature. as the last stage – non-traditional design, called It is not about architectural, engineering, urban social (Fig. 1). planning, but about social activities, social insti- In essence, social design is separated from tute. There is an understanding that ignoring social the technical and in the process of development, aspects of development will have negative conse- it absorbs the features and properties of forecast- quences for society, so interest in social design- ing, design, planning. ing is increasing. Thus, there is a convergence The history of social design in this period of design and management itself. This period is began with the development of architecture. In characterized by the spread of such concepts the 20-30's, the 20th century in architecture and as social planning, design and design of social engineering, engineering design methods are structures, institutions, phenomena, processes, beginning to be used. But this leads to the design objects, social forecasting [3, p. 251-252]. and appearance of not new social relations, but to At that time, the development of social design the creation of new factories, communes, clubs, more often in the scientific literature encountered palaces of culture. That is, social design becomes the concept of social design, which meant activ- of a purely technical nature [6, p. 8-9]. ity, aimed at the prospect of sociological analysis For this period the appearance of the concept from the standpoint of multivariateness, alterna- “project” in the scientific literature is typical. It tive, projectiveness of social models. The found- appears in the sense of “social project”, “project ers of the concept of social design are Berger P. of social structure”, “technical project”. Formation and Luckman T. In their view, the main purpose of of designing takes place within the framework of social design was at that time revealing the ways engineering activities. This is due to the need to in which the population participates in the cre- transfer graphic image to the engineer for pro- ation of social reality [1]. duction. Again, the purely technical properties of That is, social construction of that time is the social design of that time are tracked. At that represented by a dynamic process, which is time, the concept of social engineering is more in constant development, a reality constantly often encountered [2, p. 50]. reproduced by individuals under the influence of From the middle of the 20th century there is a knowledge about it. Here you can see the control technical revolution that gives a new impetus to element. The need to involve citizens in solving the development of social design. In this period, certain social issues raises the necessity of creat- social engineering begins to rely on social knowl- ing new tools for interaction of the population with edge. In this regard, the development of such a the authorities, one of which became the social sphere as the design of factors affecting social design, which gave impetus to the development processes. But nevertheless, social designing is of social design in general and in particular in not aimed at creating new relationships, but in management.

Designing as a Designing as a design Designing as a type of social manufacturing process, a means of urban management (social design, activity (technical planning (traditional forecasting, planning) design) design)

Designing as a means of solving The emergence of The emergence social problems (non-traditional social design in of social design - social designing) management in politics

Fig. 1. Development of social design Source: developed by the author

11 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE With the further development in the 70's of was even proposed in the 80's by Glazychev O.I., the 20th century, pressing social problems are Donduriev D.B., Genisaretsky O.I. in this concept, becoming increasingly important in scientific social design was seen as an activity aimed at the circles. Social designing begins to appear in all development of social community. Also, according spheres of life. This period of development is to the opinion of experts, this activity is construc- characterized by the distinction of social design tive, creative, consisting in the analysis of existing in a separate activity. [6, p. 10]. problems, the development of goals and objec- G. Antonyuk, who is the founder of the the- tives and ways to achieve them [7, p. 75-76]. ory of social design, makes a great contribution Here social designing is perceived as a tech- to the development of this concept at this stage. nology aimed at creating solutions for social He highlights it as the development of a scientif- problems. The approach to social designing is ically grounded model of rational characteristics changing, the emphasis is on the fact that it is sce- of specific social organisms or their states in the nic, multivariate, adaptive to external changes, context of solving certain social problems. As predictive action, which gives the opportunity to a result, social design begins to be understood choose the most optimal variant of the develop- as a universal and independent activity aimed at ment of events and the solution of a task. creating social objects, processes, phenomena, At the end of the twentieth century, social becoming a connecting link between the pro- design begins to appear in management and be ducer of social goods and the consumer. used more widely. According to Dridze T.M., the The great contribution in the 70-80's makes use of social design will prevent the adoption and Dridze T.M., which becomes the founder of implementation of managerial decisions that will a number of approaches to social design: have a negative impact on the social environ- object-oriented, subject-oriented, problem-ori- ment, on the quality and standard of living of the ented. Object-oriented approach determines that population [5, p. 150]. social designing is aimed at creating a prototype That is, at this stage, the understanding comes of the future object or the modernization of an that social design is a technology that allows in existing one, and here it is very important that not the management process to choose the best way only buildings, enterprises, production, as in pre- of development of events, to take into account all vious periods, but also social ties, relations, social events, processes that can have cultural, politi- sphere in general. That is, the emphasis is first of cal, economic, social influence on society, which all on the design object [4, p. 12]. allows to predict and eliminate possible risks in Under the subject-oriented approach, social the process of making managerial decisions. design is seen as the development of a project At the next stage of its development, social by an individual who represents the interests of a design begins to be positioned as an important certain group of people, layers of the population, phenomenon, not only of management, but also social strata. The designer in the design process of politics. The methodology of social design realizes not only his interest, but also looks at the draws attention in the context of developing pol- world by the eyes of the social group, whose inter- icy programs, government documents, prepar- ests he implements. The most important meaning ing and implementing reforms and making policy of this approach is that the population is not only decisions. As a result, social design begins to be the object of designing, but also must participate viewed as a prognostic management function. in the design process [4, p. 13]. In addition, it serves as a technology for making But the most relevant approach is problem-ori- these decisions, as an important element of the ented. It arose later than the previous approaches, management cycle, provides for the fulfillment of and its focus is on eliminating social problems by its main functions and achievement of goals. developing possible solutions to them, based In our time, social design is at an active stage on research and available resources. The basis of formation. Yes, today, engineering activities of this approach is social forecasting, so this and design change places, including not only approach represents the concept of predictive production but also all areas of social practice. social design. The necessity of using social design exists in At the end of the 80's, in the early 90's, more many spheres of life, in particular, as already and more attention was paid to social aspects. In mentioned, in the field of public administration. this period, a person becomes the main element Social designing in public administration of social development, that is, there is a change appears precisely in terms of the preparation and in the design object, which promotes the devel- implementation of government-management opment of social. decisions, the preparation and implementation of One of the most promising theories of the time is state reforms, the creation of social and state pro- the concept of socio-cultural social design, which grams, strategies, concepts, normative and legal

12 Issue 1. 2017  THEORY AND HISTORY OF PUBLIC ADMINISTRATION

Designing as a Traditional design as a Designing as a type of social manufacturing design process, a tool for management (SOCIAL activity (SOCIAL urban planning (SOCIAL FORECASTING, ENGINEERING) DESIGN) DESIGNING, PLANNING)

Nontraditional design as a The emergence of The emergence means of solving social social design in of social design problems (SOCIAL DESIGN) management in politics

Scheme 1 – development of social design acts aimed at improving the living standards in REFERENCES: the country. The need for quick reaction, flexibil- 1. Бородіна Д. Л. Концепція соціального кон- ity and adaptability to external changes in public струювання реальності П. Бергера і Т. Лукмана administration, as well as directly to civil servants як інтерпретаційна схема дослідження іміджу міста [Електронний ресурс] / Д. Л. Бородіна // themselves, requires the use of new methods Грані. – 2014. – № 10. – С. 80-84. – Режим доступу: in their activities, resulting in the emergence of http://nbuv.gov.ua/UJRN/Grani_2014_10_17 social design in management, which allows for 2. Васильева И.Л. Историческая єволюция про- the achievement of efficiency and effectiveness ектирования / И.Л. Васильева // Веснік Палескага in the management process. дзяржаўнага універсітэта. Серыя грамадскіх і гумані- Conclusions from this study and pros- тарных навук: научно-практический журнал. – Пинск: pects. So, essentially in the process of evolution, ПолесГУ, 2014. – № 1. – С. 50-55. social design is separated from the technical and 3. Горохов В. Г. Философия техники: история и in time absorbs the features and properties of современность / В. Г. Горохов, В. М. Розин. – Москва: forecasting, design, planning. ЦОП Института философии РАН, 1987. – 283 с. 4. Дрідзе Т. М. Основы социокультурного про- The need for social design is realized when ектирования / Т. М. Дрідзе, Э. А. Орлова. – М.: management tasks begin to spread to those Российский институт культурологии, 1995. – 148 с. areas where traditional management procedures 5. Дридзе, Т.М. Прогнозное социальное проек- and methods are ineffective. тирование: теоретико-методические и методологи- We see that the study of the development of ческие проблемы / Отв. ред. Т.М. Дридзе. - М.: Наука, social design helps us to clearly understand the 1994. – 304 с. essence of this concept, which will enable its 6. Стенина, Т. Л. Социальное проектирование methods and tools to be applied in the process в контексте реализации молодежной политики на of preparing and implementing managerial deci- региональном уровне / Т. Л. Стенина. – Ульяновск : sions, the implementation of public reforms, and УлГТУ, 2011. – 129с. 7. Шляпников, С. Е. Социальное проектирова- the development of society as a whole. Prospects ние как конструирование темпоральности социаль- for further research are to study the current state ных систем / С. Е. Шляпников // Вестник Томского of social design development in Ukraine in order государственного университета. – 2011. – N 342 to identify actual problems of its use. (январь). – С. 75-76.

13 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE GENESIS AND TRENDS OF DEVELOPMENT OF STATE ADMINISTRATION OF INCLUSIVE EDUCATION OF PERSONS WITH SPECIAL NEEDS IN FOREIGN COUNTRIES AND IN UKRAINE

Fedan Ya.I. Candidate of Science in State The article theoretically generalizes the development of the system of inclusive education in Ukraine. Administration, Based on the analysis, generalization and systematization of scientific sources, the ways and ten- Assistant at the Department of Pedagogy dencies of the development of public administration of inclusive education of persons with special and Social Management needs in foreign countries and in Ukraine are highlighted. of National University “Lviv Polytechnic” Key words: public administration, inclusion, inclusive education, children with special needs.

Analysis of recent research and pub- educational services for children with special lications. Widely investigate the problem of needs in some Western countries is important as social integration of children with special needs it will facilitate its practical implementation and abroad: F. Wood, D. Woodron, G. Grapple, adaptation to Ukrainian conditions, which will help K. Kroft. During the last decade, domestic sci- to improve the education system for people with entists, in particular V. Bondar, V. Lyashenko, special needs. O. Stolyarenko, A. Shevchuk, and A. Savchenko, By the industrial revolution of the 19th century devote their research work on the problem of the attitude towards children with various disabil- involving children with special needs to study in ities in development was ambiguous. On the one general education institutions, their rehabilita- hand, children with psychophysical deviations tion and socialization to social norms. . Issues were viewed by society as an inferior minority, of inclusion, inclusive education and the pecu- “innocent infants”, on the other - caused in the liarities of the introduction of innovations in last mystical fear and perceived them as some the context of inclusive education are violated demonic beings. It is obvious that such a bias in their writings by such scholars as S. Efimov, in public opinion on the attitude of children with A. Kolupayev, N. Sophia and others. Researchers different developmental deviations was centered of the urgent problems of the system of training mainly on their physical or mental defects, which specialists in the context of public administra- conditioned the stigma of not accepting such tion and state administration are engaged by children as healthy members of any society [7]. such researchers as E. Astakhov, Y. Bolyubash, Despite the dramatic changes that took place V. Grabovsky, D. Karamyshev, V. Lunyachek, in Europe, among which reforms of the state sys- V. Melnikov, S. Seryogin and others. tem, the establishment of a democratic ideology, Selection of previously unsettled parts of the establishment of new values, a new Protestant the general problem. Different aspects of the religion, the development of scientific thought, in genesis of training of people with special needs, the medieval legislation, the legal status of chil- in particular, in the process of inclusiveness, are dren with special needs was not revised, and presented in the scientific works of domestic public administration to children, suffering from and foreign specialists, but at the same time the physical and mental ailments has become more study of public administration by its own inclusive humane [10]. education has not been studied sufficiently and Starting from the 18th and 19th centuries requires in-depth study on the issues of improving in Europe and the USA, due to political and the mechanisms of public administration through socio-economic reforms, qualitative changes in the processes of interaction between the authori- state policy have been observed that have influ- ties and educators for building a humane process enced the improvement and expansion of public of education for people with special needs within administration in the education of children with inclusive education at the regional level. special needs [6]. The laws on the provision of The purpose of the article. The main pur- free, compulsory primary education adopted by pose of this work is to examine, on the basis of the a number of European countries have begun the study of the history of the development of public formation of a system of specialist institutions for administration by inclusive education abroad, its the training of this category of children. In the sys- impact on the processes of obtaining education tem of public administration, the sources of fund- for disabled children in Ukraine. ing were determined by law and conditions were Presenting main material. Approaches to created for the development of goals and meth- support children with special needs in any his- ods of teaching [4]. In particular, in Germany, torical epoch, above all, reflect the attitude of the in Leipzig in 1778, the Institute for the Deaf- state and society towards these people. Studying Mouths was founded, and in 1806, the German genesis and development trends in providing typhlopedagogist A. Cieen in cooperation with the

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French teacher V. Guyu founded the first educa- state also attempted to organize special training tional institution for blind children. In 1873, a sec- for children with disabilities in the development of ond educational institution for the blind in Saxony “day classes” of general education institutions. appeared, and in subsequent decades special So, in 1869, the first “day classes” for deaf chil- schools for the education and education of blind dren were opened in Boston. In 1878 two such and deaf children appeared almost throughout classes for children with developmental disorders Germany [15]. were organized in Cleveland [3]. At the same time, great attention is paid to the However, in the countries of Europe and the issues of teaching blind children. The invaluable USA, despite the changes in the public adminis- contribution of France to the education of blind tration of education for people with special needs, children is that France, one of the first European there was no targeted state reform in the field of countries, has turned to the development of sci- general primary education, relatively poorly men- entific methods for teaching the blind, and also tally retarded, deeply mentally retarded, mentally gave the world a unique system of writing. The pri- ill children, the question of the possibility of orga- ority of theoretical and methodological research nizing their studies remained outside The atten- in tiflopedagogy provided the opportunity for tion of the state, and doctors and educators until France to open in the 18th century. the world's the late 18 – early 19th century this process was first school for blind children [1]. sometimes perceived skeptically. As a result, only In 1779, in Austria, the Deaf and Deaf Institute special institutions were involved with the fate of was opened in Vienna, where the dummy alpha- children with special needs [7]. bet was widely used on the basis of the mimetic In most countries of Europe and America, method by I. Mayom and F. Schortka, and the the idea of segregation was dominant, which sign language served as auxiliary means. Their predetermined the development of a system of successor was M. Menus, who supplemented segregation educational institutions. The State this method and taught deaf oral speech. Later, Department for the segregation of children with F. Gil modified the pure oral method of M. Menus special needs in the subsequent periods of his- by creating a number of manuals for the educa- tory becomes a violent and violent form of send- tion of deaf children in oral speech, reading from ing people with psychophysical disorders to spe- the lips, writing and reading, and expanded the cial educational institutions, organized by the type range of general subjects in the training of deaf of prison and an impetus for the development of children [14]. programs for mandatory sterilization of people In 1760 in Britain, in Edinburgh, the priest with pathologies in development as “sources of T. Braywood opened the first small private school contamination of the gene pool nation” [8]. for the education of deaf children. During the next The strengthening of the ideas of humanism century, the number of private educational insti- in the world after the Second World War was one tutions for the deaf grew, but they were taught of the prerequisites for the creation of the United only by children of noble origin, who gained a Nations, which in 1945 initiated the implemen- wide range of humanitarian knowledge [9]. tation of the equality of the rights of children In 1865 in London was organized the first with special needs in the education system and school for boys with disorders of the musculo- focused on the provision of the rights of children skeletal system. Since 1878, in England, the pur- with special needs to qualitative and affordable poseful training of surdo pedagogues began. In education at the state level in different countries 1889, the State Administration established a com- of the world. mission dealing with schools for the deaf. In 1893 Thus, the UN's work on providing equal oppor- Parliament adopted a decision on the compulsory tunities to all people in education is the basis that education of the deaf, after which gradually began enabled the development of national legal and to open specialized segregation educational regulatory frameworks to ensure the develop- institutions for children with mental and physical ment of public inclusive education mechanisms development disorders in the United Kingdom. In for people with special needs in general and 1891 the London School Council decided to open inclusive secondary education in particular [6]. “special education schools” for mentally retarded However, early initiatives aimed at providing children. However, the rules for staying children education for all citizens and meeting the needs in special schools were quite rigid, as the term of of people with special needs were symbolic in study was long, at least 3 years old, and children nature. Since the main task of public administra- were not allowed to leave the territory of the edu- tion in this time period was to reorient the ideol- cational institution [9]. ogy of society to the people with special needs In the United States, in 1817 T. Gallaude from the point of view of not accepting them as opened the first institute-school for the deaf. The “the threat of general degeneration” to the posi-

15 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE tion of perceiving them as people who need long- the ideas of joint education is preceded by peda- term care and treatment. According to this pro- gogical searches for new ways and experiments. vision, in 1946 in Europe, the medical model of Thus, in the USA, M. Reynolds published a spe- the approach to working with children with special cial education program “Specificity no more than needs was broadly recognized and developed. In usual”, which provided for the greater partici- Europe, integration processes are intensifying, pation of children with special needs in the gen- and in 1957, Western European countries create eral education space on this principle. In 1970, a European economic community that promotes the American scientist I. Deno proposed a sim- the formation of common views on the develop- ilar concept of learning – the model “Cascade”. ment of science, culture and education. Adopted Under the cascade is a system of social and ped- in 1961, the European Social Charter establishes agogical measures that enable a child with spe- the “right of physically and mentally disabled cial needs to most effectively realize himself in persons to vocational training, rehabilitation and the educational space. In the United States, the social rehabilitation” [8]. integration processes in public education man- These legislative acts have influenced the agement were enshrined in the law in 1975 by the improvement of the mechanisms of state admin- Law No. 94-142 “On the Education of Disabled istration by the system of special educational Children”. This law provided for the right to free institutions, modernization and clarification of education for children with special needs in pub- the classification of categories of children who lic schools at the expense of the federal budget, need special education, in particular, the inclu- which gave impetus to the birth of inclusiveness. sion in the list of children with learning difficul- After legislatively fixed state inclusion support, ties, emotional disorders, deviant behavior, social this process has become widespread in society, and cultural deprivation. In the system of public which has led to an increase in the standard of administration, institutes of social workers, social living of people with special needs, their ability services of assistance and counseling of parents to integrate into society in accordance with their of children with psychophysical disorders begin abilities and abilities, as well as their individual to function actively. Charity, professional, com- realization as a person [7]. munity organizations, associations and associa- The World Conference on the Education of tions are also organized [14]. Persons with Special Needs, held in Spain in However, taking into account all the positive Salamanca in 1994, became an imperative for the strategies of the mechanisms of public admin- further development of public administration of istration through the system of special educa- education, since the term “inclusion” was intro- tional institutions, special educational institu- duced and the principle of inclusive education tions remained segregated, the essence and was proclaimed [13]. The Salamanca Declaration structure of which did not fully comply with the on Principles, Policies and Practices in the humanistic principles, which is the fundamental Education of Persons with Special Needs is one basis of the adopted international legal docu- of the fundamental international instruments. The ments, and the system of special education - in value of this document is that it contains the prin- general discriminatory, isolated from the system ciples of public administration of inclusive edu- of mass education. cation, proposals and strategies for promoting In this regard, at the turn of the 1960s and legislative initiatives in the field of inclusive edu- 1970s, mass protests of people with special cation, which involves not only the active inclusion needs, parents of children with developmen- and participation of children with special needs in tal problems, as well as members of the Bar secondary schools, but also involves restructur- Association, aimed at combating discrimination ing the secondary education system and educa- in public administration of education of these tional process to create conditions for the educa- strata of the population, arise in Europe and tional needs of all categories of children [10]. America. The events led to the closure of large Most countries in the world are trying to reform boarding schools and psychiatric hospitals for the already existing system, while there are a num- people lagging behind in development in the ber of states in which inclination develops natu- 1960-1970s in Sweden, and then in most other rally. Their experience is expedient for research, countries of the world [5]. because it gives an opportunity to understand In the United States in the 60 years of the what areas and when the state should interfere. twentieth century, public administration is looking The natural way of inclusive development is char- for possible implementation of the ideas of joint acteristic of those countries where children with education of children. If in Europe these ideas are special needs, because of the low level of funding supported by a large number of legislative acts, and the development of special education, are then in the United States the implementation of studying in comprehensive schools with “healthy”

16 Issue 1. 2017  THEORY AND HISTORY OF PUBLIC ADMINISTRATION peers. In most cases, such a trend in education is The National Report “On the Situation of observed in some countries in Asia, Africa, Latin Disabled Persons in Ukraine” outlines the main America, small island states. problems of people with disabilities, among which In the genesis of the development of education gaining a decent education within the frame- for children with special needs in the Soviet Union, work of integrated forms of education plays an trends in the development of public inclusive edu- important role [11; 12]. It should be noted that cation can be seen, as attempts to jointly educate this problem has not been solved substantially healthy children and children with special needs and continues to be relevant in the field of pub- have been ongoing. This issue was constantly lic administration. In our opinion, it is especially discussed at various events. Yes On the first All- important in public administration to develop Russian Congress on social and legal protection mechanisms for the possibility of obtaining edu- of minors in 1924 passed a resolution stating cation for children with special needs. Education that: «... the blind have the right to enter ordinary is one of the most effective ways of reaching a schools for sighted in each case with the permis- person with special needs from the state of iso- sion of the manager body, when there is reason lation from society, and most recent educational to hope that they will fulfill the basic requirements programs should become the object of integrated that apply to their noble comrades” [15]. It should state-management influence. be noted that in spite of the distribution of spe- Thus, following the genesis and tendencies cialized boarding schools for the education of of the development of public administration children with special needs and the development of inclusive education of persons with special of the system of special education, the tendency needs in foreign countries and in Ukraine, it can of joint education of children with psychophysical be argued that it takes place in different ways, disorders and healthy children remains. It should taking into account socio-cultural conditions be noted that since the Soviet era, the Ukrainian and largely depends on the direction of state society lost its inheritance: the public believed administration in the country. Having consid- that the state was concerned about people with ered the formation of this form of education special needs, but the state was not able to pro- as inclusion in different countries, and tracing vide an adequate level of social protection. The various ways of its development, among which policy for persons with special needs was mainly two main directions can be distinguished: legis- passive – material support, state pensions, the lative and natural or involuntary inclusiveness. possibility to work at specialized enterprises of In countries that have gone through the legisla- organizations of the disabled. Persons with dis- tive path, inclusive education appears gradually abilities have been deprived of access to many due to the reform of public administration by the social benefits along with healthy people. Persons education system. Sometimes such changes with special needs are still faced with contempt, are implemented under the pressure of parents prejudices and fears, which during the history of and advocates of the rights of people with spe- mankind constrained the social development of cial needs (UK, USA), and sometimes on the this category of members of society and isolated initiative of the government (Sweden, France, them from it [16]. Canada, etc.). Beginning in the 90s of the twentieth century, In Ukraine these processes are intercon- the transition from a special boarding school to nected, which is connected with the transition an integrated and inclusive education for chil- from post-Soviet to European society, which is dren with special needs, which is characterized characterized by regulatory support on the one by a change in social setting for this category of hand, and on the other - public initiatives that pro- pupils, takes place in the former Soviet Union [2]. mote the development of inclusion. In Ukraine, as in most post-Soviet countries, under the influence of democratization ideas, the REFERENCES: transition from a closed to inclusive education is 1. Vitello, S.J., & Mithaug, D.E. (Eds.). Inclusive slowly taking place. Despite the efforts of public Schooling National and International Perspectives / authorities and local self-government, the attitude Vitello, S.J., & Mithaug, D.E. – Mahwah, NJ: Lawrence of people with special needs has not changed in Erlbaum, 1998. – 78 p. the Ukrainian society – the idea of equal rights 2. Богданов С. Соціальний захист інвалідів. Український та польський досвід / С. Богданов, наук. and equal opportunities in the education received ред. О. М. Палій. – К. : Вид-во Соломії Павличко for people with special needs is still not generally «Основи», 2002. – 93 с. recognized, and the attitude towards problems 3. Бондар В. Чи приживеться північноаме- of education of people with special needs on риканська модель інклюзії в Україні? / В. Бондар, the part of specialists - there is a lack of modern В. Синьов, В. Тищенко // Рідна школа. – 2012. – approaches to ensuring the learning process [2]. № 8–9. – С. 20–27.

17 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE 4. Вульфсон Б.Л. Мировое образовательное ресурс]: указ [Президента України від 02.03.2009 р. пространство на рубеже XIX и XX вв. / Вульфсон Б.Л. №113] – Режим доступу: http://zakon0.rada.gov.ua/ [Педагогика.] – 2002. – №10. – С. 3–14. laws/show/113/2009 5. Дмитрієва О. А. Інклюзивна освіта в 12. Про становище інвалідів в Україні Швеції / О. А. Дмитрієва // Шкільному психологу. Усе [Національна доповідь] Мінсоцполітики України для роботи. – 2012. – № 8. – С. 12–16. Київ, 2013 р. [Електронний ресурс]. – Режим доступу: 6. Єгоров Г.С. Тенденції розвитку змісту базової http://www.mlsp.gov.ua/labour/control/uk/publish/ освіти у країнах Заходу / Г.С.Єгоров, Н.М.Лавриченко, category?cat_id=77042 Б.Ф.Мельниченко [відп. ред. Н.М.Лавриченко.] – К.: 13. Саламанська декларація про принципи, КМПУ ім. Б.Д.Грінченка, 2003. – 186 с. політику та практичну діяльність у сфері освіти осіб 7. Захарчук М.Є. Аналіз досвіду США в орга- з особливими освітніми потребами [Декларація] нізації інклюзивного навчання дітей загальноосвіт- Міжнародний документ від 10.06.1994 [Електронний ньої школи / М. Є.Захарчук. – Тернопіль, «Вектор», ресурс]. – Режим доступу: http://nmcio.ippo.kubg.edu. 2013. ua/?page_id=63 8. Інклюзивна освіта: реалії та перспективи / 14. Сбруєва А. А. Тенденції реформування серед- Колупаєва А.А [Монографія.] – К.: (Саміліт–Книга), ньої освіти розвинених англомовних країн в контексті 2009. – 270 с. глобалізації (90 рр. – поч. XXI ст.) / Сбруєва А. А. – К.:, 9. Келлер Т. Кемпхильские общины в 2005. – 245 с. Великобритании / Келлер Т. (Обучение детей с 15. Федоренко О. У пошуках оптимальних шляхів проблемами в развитии в разных странах мира.) упровадження інклюзивного навчання дітей із пору- [Хрестоматия.] – СПб., 1997. – 245 с. шеннями слуху: [інклюзивне навчання в зарубіж- 10. Малофеев Н.Н. Западная Европа: эволю- них країнах] / Оксана Федоренко // Дефектологія. – ция отношения общества и государства к лицам 2013. – № 2. – С. 41–43. с отклонениями в развитии / Малофеев Н.Н. – М.: 16. Филиппов В.М. Образовательная политика Издательство (Экзамен), 2003. – 256 с. России на современном этапе / В.М. Филиппов. 11. Про першочергові заходи щодо поліп- [Електронний ресурс] – Режим доступу: http://www. шення становища осіб з вадами зору [Електронний phlippov.ru.

18 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION SECTION 2 MECHANISMS OF PUBLIC ADMINISTRATION

MECHANISMS SUPPORTING THE PHYSICAL CULTURE AND SPORT DEVELOPMENT IN THE CONDITIONS OF DECENTRALIZATION

In Ukraine about 13,5% of the population is engaged in physical culture and sport, which is much less than in other developed countries, where the indicator is 40 to 50%. Today, there are number of factors affecting the development of physical culture and sports in the country, and the problems that need urgent solutions. This is – insufficient financing; insufficient involvement of the population into regular physical culture trainings; inconsistency of material resources level and of physical cul- ture and sport infrastructure to development objectives of mass sports in the country, as well as its moral and physical aging; insufficient quantity of professional trainer's personnel; loss of Ukrainian sports traditions in higher achievements. Besides, absence at the state level of an active promotion Bazenko V.А. of physical culture and sport occupation as a component of a healthy lifestyle, including care about Postgraduate Student of the Department health of future generation. Thus, one of the main tasks of the state is the general promotion and of Law and Law-making Process support of physical culture and sport as a mechanism for the development of economic, social, spiritual and political spheres of the country. The article analyzes the current state of physical culture of Odessa Regional Institute of Public and sports development in Ukraine, foreign experience to improve this issue in the transitional peri- Administration ods of countries development and proposes specific mechanisms of supporting the physical culture of National Academy of Public and sports development in the current conditions of decentralization. Administration under the President Key words: physical culture and sport, mechanisms supporting, current state, foreign experience, of Ukraine decentralization.

Problem solving in general and its con- The necessity of this is also demonstrated nection with important scientific or prac- by the reform of the state policy in the field of tical tasks. Today, despite its social and eco- sports, which is indicated in the Strategy of nomic significance, physical culture and sports Ukraine's Development 2020. At this stage, the in Ukraine are not well developed. The difficulties Decree of the Cabinet of Ministers of Ukraine encountered in this development in this area, in dated December 9, 2015, No. 1320-p, approved the conditions of decentralization, are related to the Concept of the State Target Social Program the lack of state and public support, the imper- for the Development of Physical Culture and fection of the modern regulatory, methodological Sports on the period up to 2020 and the Decree and information base that would take into account of the President of Ukraine of February 9, 2016, its realities, internal organizational problems in No. 42/2016 approved the National Strategy for the physical culture and sport itself the move- the Improvement of Motor Activity in Ukraine ments that have accumulated in recent years. until 2025 “Motor Activity – a Healthy Lifestyle – However, it is primarily related to the economic Health Orovna Nation”. problems of the development of society and the The main objective of the reform is to bring our problems of developing specific mechanisms to system in line with the leading international stan- support the development of physical culture and dards, to build new effective relations between all sports in modern conditions. organizations involved in the sports industry, and Unfortunately, today we have shocking health to strengthen the role of the local self-govern- indicators, Ukraine ranks first in terms of mortal- ment in the development of physical culture and ity in Europe. UNESCO has declared Ukraine, the sports. In this aspect, work on the development country of a dying ethnic group, that is, we are an of specific mechanisms to support the develop- extinct nation. The last 40-50 years in highly devel- ment of physical culture and sports in a context of oped countries, due to state policy, mortality of decentralization is very relevant. people has decreased by 15%, life expectancy has Analysis of recent research and publica- increased for 15 – 20 years. Instead, in Ukraine, as tions. Problems of improving the system of state of January 1, 2016, 83 children's sports schools management of physical culture and sports, the have been reduced, about 30 thousand students search for effective mechanisms for supporting have no opportunity to engage in favorite sports, the development of physical culture and sports about a thousand trainers have lost their job [10]. were considered by such scholars as A. Aristova The above problems point to the need to [2], I. Gasyuk [3], A. Goncharenko [4], V. Husar develop specific mechanisms to support the [5 ], M. Duttak [6], E. Ias [7], I. Konovalov [8], development of physical culture and sports in V. Kononovich [9], V. Kuzin [14] A. Leonov [11], modern conditions. S. Lischuk [12], Yu Mihuda [3] and others.

19 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE Selection of previously unsettled parts Ukraine is knocking out the money in the State of the general problem. Existing publications Budget, the federations are offering friends to focus only on certain aspects of the development throw themselves back on the development of the of mechanisms for supporting the development sport due to only friendly relations, while friends of physical culture and sports, taking into account have no desire to officially advertise their chari- the period and the policy that was focused at the table activities, in connection with additional tax time of the work of researchers and researchers. oversight over this process. At the same time, consideration of this issue in According to the Ministry of Agriculture, the the modern concrete conditions of decentraliza- working group prepared a draft Law of Ukraine tion for our country is quite new and not resolved. “On Sport Patrons”, sent to the Verkhovna Rada Given the above-mentioned disappointing of Ukraine, and until this time he was still there in statistical data indicating a critical state of health the discussion. There is also a lottery. of the nation, low indicators of motor activity of Repeated attempts have been made to break the population, development of physical cul- through this lottery, but unfortunately somebody ture, mass sports, and in order to preserve the is interested in who will manage lotteries, and not Ukrainian nation, its health and defense capacity, where this money will go, on the development of it is necessary to immediately work on elabora- culture, sports, science, and so on [13]. tion specific mechanisms to overcome the crisis It is clear that today there is no money in the in this area. budget, there is a war on the Donbass and an The aim of the research is to analyze the cur- economic crisis in the country, but can not it be rent state of development of physical culture and acceptable to adopt a law that will make a busi- sport in Ukraine, the foreign experience of improv- nessman profitable to help the sport? We are sure: ing this issue in transitional periods of development if the state guarantees a businessman a reduction of countries and to offer specific mechanisms for in taxes or some other kind of assistance in return the development of physical culture and sports in for giving him money to any particular athlete or the current conditions of decentralization. federation, then he will agree. Presenting main material. Today, the pri- Today, it is very important to create economic mary criteria for the development of physical cul- incentives and incentives for business representa- ture and sports should not be medals, but criteria tives to encourage them to invest in mass sports. for the coverage of all strata of the population by Implementation mechanisms are the develop- physical culture and sports, criteria for the mor- ment and adoption of draft regulatory acts aimed bidity of children, criteria for the number of build- at establishing incentive standards for business ings per number of people. It is necessary to pay representatives who have a desire to invest in attention to the indicators of fantastic mortality, the development of sports and physical culture the criteria for life expectancy. Today, we are less sports facilities. Permanent business dialogue from the European countries for generations. with the aim of developing a collaboration model. That is, if we put these criteria in a strategic Dissemination and introduction of the best world trend then will it be clear what the authorities experience. need to do? In the reporting documents should Today, in a decentralized way, forming a bud- be reflected in the foreground. Quality of human get, the community receives an additional finan- life is a key indicator that we must report to the cial resource and raises the question of its effec- world and to people. Therefore, it is necessary to tive use. In this area, it is very useful to regulate set this indicator and then it will be clear how we on a legislative level the issue of directing funds will finance it. that will receive the local budget from the excise One of the main mechanisms for supporting tax on alcoholic beverages and tobacco products any sphere of activity, including not an exception, at the rate of 30 percent – for the development of but in our opinion the first, sphere of physical cul- physical culture and sports. ture and sports, is a financial mechanism. Very relevant now for all sports is the ques- Unfortunately, the state, in terms of funding, tion – advertising alcohol and sports. According does not do enough to support physical culture to the Law of Ukraine No. 71-VIII of 28.12.2014, and sports. The Law of Ukraine “On Sponsorship beer was equated to alcoholic beverages. For all in Sport” has not yet been approved by People's alcohol, as well as for tobacco products, a restric- Deputies, therefore the philanthropic activity of tive advertising regime is established in accor- philanthropists in our sphere has not yet been dance with the Law of Ukraine “On Advertising”. legalized. For 15 years he has been in the drafts And therefore, for the average consumer or fan, of the Verkhovna Rada of Ukraine. And to date, the combination of alcohol brands and sports is the funding mechanism has remained the same not possible. But only at first glance, and only for as the old one: the Ministry of Youth and Sport of the average consumer and cheerleader.

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So, in accordance with Part 2 of Art. 22 ЗУ social responsibility of manufacturers and distrib- “About advertising” prohibits the advertisement utors of such products that could implement it by of alcoholic beverages, advertising of signs for partially financing the sport (promoting a healthy goods and services under which alcoholic bev- lifestyle) as a kind of “retaliation” for their harm- erages are produced, in particular: on radio and ful activities? Perhaps the level of health of the television from 6 to 23 hours; means of internal population should be raised not by the prohibition advertising. And paragraph 2 of Part 4 of Art. 22 of socially harmful goods, but by popularizing a of this Law stipulates that sponsoring television, healthy lifestyle, sports activity, in fact the sport radio programs, sponsoring sporting events and itself? And to do this, create real conditions for other events using signs for goods and services those who want to do such an activity? under which alcoholic beverages are issued. In In addition, today local governments need to simple language: to broadcast / show the pro- develop mechanisms for attracting sports orga- cess of drinking or the very image of beer during nizations to actively work in the field of physical a sports competition is prohibited, and to depict culture and sports, as they, with the support of a trademark under which beer is sold – you the authorities, can work effectively with spon- can. The legal evaluation of the technical pro- sors, investors, attract additional funding from cess of display / display will depend on the type Ukrainian and international funds in the form of of popularization: advertising or sponsorship. obtaining appropriate grants for the development Moreover, it will directly determine the parties to of physical culture and sports and to carry out vol- the contract. unteer activities that are useful for the community. For example, in the matches of the group Useful in this regard is the establishment of the stage of the UEFA Champion's League, which was relevant management boards respective centers attended by Dynamo Kyiv in 2015, a well-known of assistance to NGOs sports profile so in pre- beer brand was shown. And if in some cases we paring documents for participation in the grant can say that this was a demonstration of the only extra-budgetary support. At the same time, inter- sign for the goods under which beer is produced, national funds play a very important role in sup- then in others, along with the sign for the goods, porting civic organizations in obtaining a grant there was a demonstration and bottles for all the by the authorities themselves. In this case, the famous beverage. Conclusions from this can be chance to get a grant is very large. done by everyone. This innovation, in our opinion, does not Thus, the legal definitions of “advertising” require additional wages, since the post should alcohol are not only ambiguous for the assess- be implemented on a voluntary basis. This is a ment and qualification, they also allow it to be European practice of the work of local self-gov- completely legally and legally to circumvent a ernment bodies. For example, in Poland, each certain “prohibition”. The main thing to “dress” council has several people engaged in extrabud- is all in the right “legal wrapper”. In essence, the getary investments, in the form of writing grants, demonstration of the brand (or brand) or product participating in various programs, and so on. We will remain “advertising,» but legally it will bear the should not rely only on the budget – the rural, dis- name of “sponsorship” using the trademark. trict, regional – they have limited expenditures. However, if you look more broadly, you need Therefore, it is necessary to intensify the work on to find out: what is the purpose of the separation attracting investments. of sport proposed by the state (as a promotion of We believe that today one of the mechanisms a healthy lifestyle) and the promotion of socially of financial support for the development of physi- harmful goods? Indeed, by restricting / banning cal culture and sports, in the conditions of decen- the advertising of alcohol and tobacco products tralization, may be the introduction of amend- in all its possible forms, the state will thereby ments to the Law of Ukraine “On State Lotteries reduce the consumption of these goods and raise in Ukraine” to empower local governments to the level of health of the population? Especially organize their own sports lotteries, which funds when their consumption and advertising are “for- will support physical culture and sports on the bidden” at the stadium, but in no way prohibited ground. around it? Today, in addition to the above-mentioned It seems that the state, using the methods problems of the development of physical culture “taboo” for the connection “sport and alcohol”, and sports, we have one of the lowest indica- does not solve any issues of real importance to tors of the number of children involved in sports society, except for the actual restriction of the (10%). 70% of healthy children come to school, sphere of sport to potential revenues from the and only 20% of their graduates [13]. producers of “socially harmful goods” – alcohol Taking into account such indicators of sick and tobacco. Perhaps it is worth questioning the children, today we have to make a health lesson

21 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE every day in schools so that every day the child fact that today we have an extremely low real level has the opportunity to breathe more fresh air and of physical fitness of student youth, which is the make elementary physical exercises. Physical most powerful in terms of the number of mobiliz- exercise can replace a lot of drugs, but no medi- ing human resources of the state, which is now in cation in the world can replace physical exercise. a war of war. Now it is extremely necessary for us not to Of course, there are such students who sup- pursue sports results at any price, and to con- port an optional learning system. So, as the time stantly carry out the lessons of teaching children for independent classes can be “effectively used” correct breathing when performing physical exer- in paws: entertain in computer games, smoke a cises, using these methods of performing motor cigarette, and so on. However, there will be a time actions, with which the motor task is solved expe- and these young people will regret that insufficient diently and most effectively. Today, all actions attention was paid to physical education classes. of the authorities of different levels should be And most importantly, once again emphasize, focused on the development of physical culture, such changes can affect the defense of our coun- health improvement and mass sports. try, since already a significant part of the con- In this aspect, particular attention is needed scripts is not suitable for military service and has to the issue of physical education in educational a low level of physical fitness. institutions. In many schools, physical education In our opinion, today it is extremely necessary classes are unpopular for most students who to include in the curricula of higher education regard them as formal and uninteresting. institutions of all specialties compulsory physical Therefore, it has long come time to develop education classes throughout the entire period mechanisms for updating the curriculum and to of study, with the exception of the last gradua- find more modern and effective ways to improve tion semester, 4 hours per week, which will have a this work. On the other hand, give the teacher the reactionary and restorative nature and do not will opportunity to find an individual approach to each affect the weekly student load. student. This applies to educational institutions of Also, along with the foregoing, it is necessary to all levels. In our opinion, the strategic mistake is develop a joint order of the Ministry of Education an attempt to make electives for physical educa- and Science of Ukraine and the Ministry of Health tion in higher education optional. of Ukraine on the provision of medical-pedagog- In our opinion, the withdrawal of the discipline ical control over the physical education of stu- “Physical education” from the educational pro- dents of higher educational institutions, which cess will lead to an even lower level of physical today is not. health of students and make training of competi- It is now very important to look and apply tive specialists in the labor market impossible. In good examples of mechanisms for the effective turn, the low level of physical health of students development of the field of physical culture and is the inability to withstand and aggression by the sports. In our opinion, in our opinion, the experi- aggressor. ence of our neighboring Poland is very useful for The fact is that the new Law of Ukraine “On us in this aspect. Higher Education” provides all higher educational For an example, consider the experience institutions with equal rights, autonomy, includ- introduced by the neighboring country Poland. ing the right to independently choose the forms The point is that in Poland in 2008 there was also of organization of educational space. However, an outdated Soviet base, did not know what to do unfortunately, among the underestimated, so to with it, lack of funding. This problem has started speak, secondary disciplines was physical edu- to solve the neighboring country at the expense cation. As a result, there is an unjustified reduc- of the actualization of the problem of the develop- tion of scientific and pedagogical workers of ment of mass sports. At that time, 36 per cent of physical education in higher educational estab- Polish children did not attend physical education lishments, and in some cases, the elimination of classes. We also have a large percentage of chil- departments of physical education or an attempt dren who take certificates of school-based physi- to replace their activities with sports clubs. But cal education and this is a negative trend. today we can state the fact that neither the activ- In order to solve these problems in Poland, the ities of sports clubs nor the creation of recom- program My Playground Orlik 2012 was launched mended by the profile Ministry of Student Sports in 2008. What is the Orlik sports ground? This is Centers, nor proposed four models of organi- a complex consisting of an artificial football field zation of physical education in higher educa- and a multifunctional playground where you can tional institutions, will not be able to fully replace play. volleyball, handball, basketball, other types the professional activities of the departments of of mobile activity. “Orlik” also featured animators, physical education. This is primarily due to the shower cabins.

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At first, one billion zloty was allocated to this The implementation of such work today is only program and the construction of such sports due to the hard work of sports lovers who respect grounds, which was divided into three parts: one sports traditions, fans, sports idols. part took over the State budget; one part – the In our opinion, the community must take local budget and one part – was financed by the such actions in the hands of the government in beneficiaries (that is, either it was a school or the implementation of state policy. This is very condominium, or sponsors) important, as during the implementation of these Due to such concerted action, there were con- processes a person invests his private funds in structed two thousand 600 “Orlik” throughout the development of the future of our country, our Poland, even in such villages where there were children – in the development of physical culture never any modern sports grounds. and sports and is an example for others who are In addition, 696 stadiums were built under the not indifferent to these citizens. Such work, for “Multifunctional Field” program, 149 stadiums example, as much as possible, needs to be cov- were built under the “Closed Field” program, as ered by the media. well as 119 modern skating rinks located on a Of course, one of the main mechanisms for polyurethane pitch. As a result of the activities, 5 conducting effective reform in the field of physi- million children and 9 million adults began active cal culture and sports is the high-quality training physical education at these Orlyks. of highly skilled specialists. Today, when we look at rewarding our athletes, Today in Ukraine there are 4 profile higher it's usually pride for the country, but today the educational institutions. In Kiev, Lviv, Kharkiv and inhabitants of cities, villages, and settlements are Dnipropetrovsk. In addition, there are dozens of more interested in a well-equipped high-quality pedagogical higher educational institutions with sports ground near the house than the wins of our faculties of physical education. leading athletes. Now, about 120 higher educational estab- Now, the acute problem in Ukraine is the lishments have today a license for the prepara- restoration of previously constructed sports tion and issue of specialists in the field of physi- grounds for children. This is the heritage of cal culture and sports. This number speaks of a the people, and they have to serve the com- large army of experts in the field of sports, but not munity. In conditions of decentralization, they about quality. Today, even a polytechnic university must necessarily be transferred to the balance prepares specialists in the field of physical culture without changing the intended purpose, con- and sports, which, unfortunately, does not give dominiums and other organizations that have hope for training of really high-class specialists. taken houses, quarters, areas for maintenance, Another important mechanism for the devel- and control their use. In this case, the sports opment of physical culture and sports, in our grounds will be on the maintenance, control and opinion, brand strategy can become the current responsibility of each inhabitant of the territorial conditions of decentralization. community. We also hope, and to change the In Truskavets, in June 2016, BRANDING AND psychology of the attitude of each inhabitant to CONSULTING VVV, an international brand consult- the preservation of the sports ground in proper ing agency, presented its brand strategy “Branding condition, the money for the maintenance of of Cities – Image and Reputation of Ukraine”. which will go directly from his pocket. The result of the presentation was the approval of Though to draw attention to the work of the Truskavets entrepreneurs that branding is a signif- organizations of Ukraine and Poland, which are icant component of the development of the resort. today the best example in the direction of devel- Such an innovative mechanism, in our opinion, may opment of physical culture and sports. Thus, and must be involved in the development of physi- according to the head of LMGO “Center for cal culture and sports as soon as possible [15]. Physical Culture and Recovery” Lukashevsky The brand is the only set of representations OM, with the support of the Polish-Ukrainian that appears in the minds of the consumer under Chamber of Commerce, they plan to develop a the influence of the name, symbol and appear- network of sports grounds and sports clubs in ance, which are uniquely tied to certain goods the cities and regions of Ukraine. This will allow and services. « [1] taking children out of the street, employing Branding of cities is intended to fill the short- our athletes, coaches, masters of sports. The age of material and intangible resources in the cooperation of this public organization with the city. Every territory, the community, like every- Polish-Ukrainian Chamber of Commerce will one else, is unique. The task of urban branding: enable to cross the border in a simplified man- to bring to the target audience and to record the ner, ride sports tournaments, competitions, uniqueness of a particular territory, thereby mark- share experiences. ing their competitive advantage.

23 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE To date, there are many mechanisms for cre- We also have a famous city in Berdyansk. If you ating a territorial brand. But, in the context of our enter the word “Berdyansk” in the search engine work, we will focus on sports branding. Sports “Google”, you can see the negative information branding operates in three layers: the actual pro- that this resort is in the proximity of the ATO zone. motion of a major sporting event (sports image And today the holiday season turns into “dead”. of the territory); Promotion of sports brands For example, in Italy in all seasons hotels are with the help of a great sporting event; ath- busy not only by holidaymakers, but primarily by letes; attraction of population to sports through athletes. Very often in hotels it is possible to hear краудфандінговые actions; sports social and that the rooms are all busy athletes. charitable projects; system training. Today, in the development of physical culture Sports branding, in the broadest sense, is a and sports at the expense of sports branding, it is systematic work with the population, aimed at: necessary to use the experience of the “Institute the formation of normative sports culture; under- of Territorial Branding” established in Ukraine, standing the need for a healthy lifestyle and inter- whose experts are open to cooperation in attract- est in such activities; acquaintance of inhabi- ing real investments, improving the mental health tants with existing sports areas (professional and of any region. “courtyards”); support of interest in city sport- In our opinion, in this aspect, today it is ing events; forming a positive image of the city extremely important to make a nationwide sports through large-scale events. state channel. In this case, a quick leap in the In Ukraine there were attempts to branding direction of financial support and investments in cities during the Euro-2012. But, unfortunately, the development of physical culture and sports there was a quasi branding, when very large pub- from the business side, including from other lic money was spent on creating logos, attributes, countries, is possible. When business sponsors and at the same time they forgot about brand will be covered under every development in the strategy, about what this territory is going into the development of physical culture and sports, then world and what it can present. And after the Euro- they will be happy to give money to this business. 2012, these processes coincided. Although in our After all, it is for them – not only a way to realize country there are enough villages, settlements, themselves before the society in terms of good small towns, and now in the process of decentral- deeds for the development of the state, but also ization, new territorial communities in which these the proclamation of its brand and prestige. processes need development are created. Thus, in our opinion, using the proposed When creating territorial brands, as stated mechanisms of support for the development of in the Strategy for Sustainable Development of physical culture and sports will help to ensure the Ukraine 2020, sport and tourism should be an sustainable development of physical culture and integral part of them. This question does not need sports in conditions of decentralization, which in to be discussed. Today, business and govern- turn will ensure an increase in the welfare of every ment, as we see it, understand, but work on this Ukrainian and the prosperity of Ukraine as a whole. issue is very low. “Strong Ukraine” – for the whole state, for every In Ukraine today, a large number of cities can citizen should not be a slogan, but a sense of life. create their own territorial brand through the prism Further scientific research may be aimed at of physical culture and sports. In our opinion, the solving the problem issues of the development of use of branding tools and mechanisms of sports physical culture and sports in the current condi- branding, especially in the context of decentral- tions of decentralization. ization, and the involvement of local residents in the process of territorial branding, should be a REFERENCES: priority in the field power. 1. Аакер Д. Бренд-лідерство: нова концепція Therefore, today sports branding is very rele- брендингу / Д. Аакер, Е. Йохімштайлер. – М.: Видавн. vant. And first of all, it is necessary to make pre- будинок Гребеннікова, 2003. – 464 c., с. 17. sentations of every city in Ukraine, as a city of 2. Аристова Л.В. Государственная политика в sports glory. Today there are some moves in this сфере физической культуры и спорта / Л.В. Аристова // direction, but they are very slow. For example, Теория и практика физической культуры. – 1999. – this year, a very interesting Internet presentation № 12. – С. 2-8. of Kherson region was developed, accessible to 3. Гасюк І. Л. Механізми фінансування галузі фізична культура і спорт [Електроний ресурс] / Гасюк a wide range of interested persons, but mostly in І. Л. – Режим доступу: www.kbuapa.kharkov.ua/e-book/ the tourist region. And here, in our opinion, it is tpdu/2010-4/doc/3/07.pdf necessary to expand such a presentation of the 4. Гончаренко А. І. Спортивне спонсорство region as sporting, cultural and other characteris- як альтернативне джерело фінансового забез- tics attractive for investment in the region. печення дитячо-юнацьких спортивних шків /

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А. І. Гончаренко // Сталий розвиток економіки. – [Електронний ресурс] / UAMEDIA // огляд української 2012. – № 3. – С. 314–317. преси – 2015. – Режим доступу: http://uamedia.visti. 5. Гузарь В.М. Процес управління фізичною куль- net/content/krayina-vimirayuchogo-etnosu-chi-komu- турою і спортом / В.М. Гузарь // Педагогіка, психоло- zavazhaie-fizichne-vihovannya-u-vishchih-navchalnih гія та мед.-біол. пробл. фіз. виховання і спорту. – Х., 11. Леонова А. О. Ефективність державного 2001. – № 17. – С. 9-18. управління в контексті євроінтеграції України: 6. Дутчак М. В. Основные направления государ- навч. – метод. посіб. / А. О. Леонова, В. П. Давидова, ственной поддержки спорта для всех в Украине / О. О. Новачук. – К.: ДПА України, 2007. – 390 с. М. В. Дутчак // Physical education and sport: Quarterly, 12. Ліщук С.В. Удосконалення механізмів дер- Vol. 46, Supplement № 1, Part 2. – Warsaw : Scientific жавного управління у сфері фізичної культури та Publishers PWN. – 2002. – P. 39–40. спорту / С.В. Ліщук // Наукові праці: науково- мето- 7. Імас Є. В. Протиріччя економіки фізичної куль- дичний журнал. – Вип. 237. – Т. 249. Державне управ- тури і спорту в перехідних суспільних системах / ління. – Миколаїв: Вид-во ЧДУ ім. Петра Могили, Є. В. Імас, Ю. П. Мічуда // Економіка та держава. – 2014. – С. 85-89. 2008. – № 2. – С. 40. 13. Офіційний веб-сайт Міністерства молоді та 8. Коновалова І. В. Механізм державного спорту України. Реформа спортивної сфери 2014. – управління регіональними соціальними програ- Режим доступу: http://www. dsmsu.gov.ua мами в Україні : автореф. дис. на здобуття наук. 14. Приходько И. И. Финансово-хозяйственная Ступеня канд. наук з державного управління : спец. деятельность спортивных школ в современных усло- 25.00.02 «Механізми державного управління» / виях / И. И. Приходько, Г. Н. Путятина, А. Ф. Куликов // І. В. Коновалова. – Харків, 2011. – 19 с. Педагогіка, психологія та мед. – біол. пробл. фіз. вихо- 9. Кононович В.Г. Державне регулювання сфери вання і спорту. – 2004. – № 18. – С. 304–310. фізкультурно-спортивних послуг : [Електронний 15. У Трускавці підприємці погодилися на брен- ресурс] // В.Г. Кононович – Режим доступу до жур- диг курорту. [Електронний ресурс] /ZIK//інформацій- налу: http://www.kbuapa.kharkov.ua/e-book/db/2012-2/ ний портал № 1 у Львові та Західній Україні – 2016. doc/6/03.pdf Режим доступу: http://zik.ua/news/2016/06/23/u_ 10. Країна вимираючого етносу, чи Кому заважає truskavtsi_pidpryiemtsi_pogodylysya_na_brendyg_ фізичне виховання у вищих навчальних закладах? kurortu_710599

25 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE MARKETING OF THE PUBLIC ADMINISTRATION BODIES AS THE MECHANIZM OF THE PEOPLE’S STANDARDS OF LIFE INCREASING

Havrysh-Musafir A.O. Postgraduate Student of the Department The concept of marketing and marketing technologies in the activities of non-profit organizations of Regional Policy and Public in order to achieve the well-being of the population was exam-ined. The difference between the Administration marketing activities of commercial and non-profit organizations was analyzed. The importance of the use of alternative tools and the controls by public authorities in order to improve the well-being of the of Odessa Regional Institute of Public population in general and a territorial community separately was noted. The importance of marketing Administration in the life of every person was proved. The basic directions in the process of public administration of of National Academy of Public marketing activities were defined. Administration under the President Key words: marketing, marketing in the public administration, marketing tech-nologies of the local of Ukraine self-government bodies, marketing functions, population wellbeing.

Formulation of the problem. World practice Colgate, Palmolive, Proctor & Gamble, Coca- proves that the mechanism of using marketing Cola, Chanel, Dolce Gabbana, Laska, Korona, technology provides significant opportunities for and New Mail are all the results of the brutal creating a productive, innovative and flexible citi- work of marketers. Each of our steps is carried zen-centered management system and is a pow- out using these results – from the satisfaction of erful tool for local economic policy. However, in the needs of the lowest step of the Maslow pyr- domestic practice, the mechanism of using mar- amid – to physiological needs, ending with the keting technologies in local self-government has tip-the desire for self-expression. [13] not yet become widespread. All this determines And all this was made possible thanks to the the relevance of the study primarily the origin of marketing system, with the minimum effort on our the concept of “marketing” as an economic cat- part. It has provided us with a standard of living egory. It is also important to determine the place that our predecessors could only dream of. and role of marketing in the process of raising Many believe that marketing involves only the level of development of people's lives, which the purchase and sale, pricing and marketing of should be governed by public authorities. goods and services. And it's not strange. After Analysis of recent research and publi- all, our TV screens are full of advertising of prod- cations. The issue of marketing in the manage- ucts and services, offices are constantly coming ment of local development has a great theoretical sales agents, the Internet can not open the page and practical interest among domestic and for- so as not to hit the ads with impressive discounts. eign scholars such as K. Asplund, V. Vakulenko, Everyone is trying to sell something. It seems that I. Drobyazko, C. Yeremeyev, V. Kirdin, I. Knyazev, we will not be able to avoid death, payment of util- F. Kotler, A. Krylov, A. Lavrov, M. Oklander, ities and commerce. [2] A. Pankrukhin, I. Rein, T. Sachuk, A. Starostina, That is why for many there is a great discov- Yu. Startsev, O. Cheban and others. ery that marketing is just the tip of the iceberg Selection of previously unsettled parts of called “Marketing”, only one of its functions, the general problem. However, among the vari- and not always the most significant. Even if you ety of definitions of certain concepts in scientific look at the origin of the term “marketing”, then in works, it is difficult to orientate and understand the simplest dictionary we will find such a trans- what exactly is meant. And also, most often, mar- lation – trade, sales, sales; marketing (a set of keting activities are considered mainly for com- measures for the study of demand and optimal mercial organizations in order to profit and benefit product sales). [6] If a marketer has worked well precisely for these organizations. on such marketing topics as identifying con- The purpose of the article. The purpose sumer needs; the development of relevant goods of this article is an attempt to generalize exist- and the establishment of appropriate prices for ing concepts of marketing in the theory of state them, the establishment of a system for their administration and to prove the necessity of distribution and effective incentives, such goods using its technologies in public administration to and services will surely be in demand. The goods improve the living standards of the population. and services that appear “in a good time and in Presenting main material. Marketing a good place” for the consumer and user and do affects everyone in every area of his life. If you not have analogues or substitutes are consid- look at the everyday life of any person, we will ered successful. notice that we are surrounded by brands, trade- One of the leading theorists who studied man- marks, popular products – all of this can be agement problems, P. Drucker, said, “The pur- seen on screens of television screens, on our pose of marketing is to make sales efforts unnec- billboards, on the shelves of our favorite stores. essary. His goal is to know and understand the

26 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION client so that the product or service is fit for the pose can be called achieving maximum possible latter and sell himself. « [5] high usage, achieving maximum consumer satis- This does not mean that sales efforts and faction, giving users the widest possible choice, their stimulation lose their significance. It is more maximizing the quality of life. Many believe that likely that they are part of a larger “Marketing the goal should be to improve the quality of life Complex”, that is, a set of marketing tools that itself, but to achieve it – the use of the concept of need to be harmoniously linked to each other in marketing. order to maximize market impact. The interest in this activity is intensified as more F. Kotler defined marketing as a type of and more organizations across different sectors human activity aimed at satisfying needs through are aware of exactly how marketing contributes to exchange; It is a work with the market for the pur- their more successful existence. pose of exchanges, the purpose of which is to In the seventh edition of his work, Strategic meet human needs. [3] Marketing for Nonprofit Organizations, A. Andrea- One of the marketing concepts behind F. Kotler sen and F. Kotler emphasize that marketing is argues that the key to achieving the goals of the one of the key factors in the process of achiev- organization is to determine the needs of target ing the success of nonprofit organizations. [1] markets and to provide the desired satisfaction The authors argue that success is ultimately more efficient and more productive than compet- determined by the impact on the behavior of a itors. (Figure 1) wide range of key players in market relations: cli- Today, marketing attracts both interest and ents, investors, volunteers, the media, as well as non-profit organizations – higher educational employees of nonprofit organizations. This is the establishments, hospitals, public authorities. field of marketing itself, because it is a “business Many organizations face market difficulties. Their of influencing behavior”. leaders are struggling to survive the reality of In this book, marketing is positioned as the changing consumer relations and a rapid decline main requirement for higher management, nec- in financial resources. In search of solutions to the essary for the organization's mission. Here are problems that arise many organizations are turn- the reasons why each employee of a non-profit ing to marketing. marketing organization, including its CEO, must Each government has its own plans – a devel- have strong marketing knowledge – what it rep- opment plan, a plan of action, a plan for paying resents, what is meant and what can be achieved taxes and fees, a plan for recruiting staff, a plan with its help. for implementing certain standards. Each institu- If we talk about marketing in the public admin- tion promotes its services and tries to prove the istration as a whole, then it can be defined as an advantage of rendering its services to commer- approach to public administration, which places cial competitors (state notary public, municipal the interests of consumers of services in this institutions, administrative service centers). In sphere first and serves as a specific form of mar- many structures there are departments of mar- keting implementation in management. [9] This is keting activities, sectors of promotion services, a marketing activity of various levels of manage- career guidance. And all this is part of the com- ment that acts as consumers, intermediaries, or plex of marketing activities. producers of goods or services, ideas and other Practical marketing activity has a great influ- values. Such activity is a kind of non-profit mar- ence on people who serve as users of services, keting, that is, without profit. It can take place in service providers and ordinary citizens. Its pur- the field of public administration, in providing peo-

Consumers' Comprehensive marketing Earning profit by needs activities ensuring consumer satisfaction

Fig. 1. Concept of marketing Source: [4]

27 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE ple and organizations with government services vices, ideas, and priorities that relate to public both inside and outside the country (territory). and collective goods. Here we can talk about marketing in the activities The goals of such activities are to achieve of ministries, services and agencies, engaged in compliance with the needs and expectations of defense, public order protection, prevention and social groups. Marketing in public administra- liquidation of the consequences of emergencies, tion is governed by budgetary constraints and taxation, etc. limited by means and resources. He works at a Varieties of such marketing are marketing ter- low level of prices, is forced to be satisfied with ritories, and in the first place marketing of coun- a relatively low level of quality of goods and ser- tries and regions, as well as marketing of person- vices, and its effectiveness is evaluated more alities and, above all, political marketing. difficult, taking into account social effects, The objects of marketing in the state admin- including external ones. istration are state services and social benefits. However, marketing activity here is very large They are free (pensions, medical care, general in scope of application, which is calculated for and vocational education) and indivisible (public long periods in comparison with stable condi- safety). These are the goods and services nec- tions. Therefore, it is attractive for entrepreneurs essary for the functioning of the organizations who expect to benefit from economies of scale and industries financed from the state budget, and are not very risk averse. It is also important including the procurement of weapons, ammu- that a significant part of the activity takes place in nition, property and foodstuffs for defense pur- the form of participation in tenders, tenders, etc. poses, maintenance of internal security author- Marketing in public administration is imple- ities, security, etc., the issue of goods and the mented in general in conditions of higher, than in provision of services to the authorities state the commercial sphere, public openness, trans- administration, enterprises, organizations and parency, and control of society. Here communica- institutions that are in state ownership, ensur- tion aspects and marketing tools play a particularly ing the resolution of other tasks financed from high role. At the same time, the high dependence the state budget. Objects of marketing in pub- of activity on the decisions of the authorities, on lic administration: enterprises and organiza- the political situation. Therefore, in all countries to tions that are state-owned and subject to pri- one degree or another, it can be corrupt. vatization and privatization, as well as shares of SWOT-and STEP (PEST) analysis, technolo- other enterprises and organizations owned by gies of segmentation and evaluation of market the state. These include public administration, capacities, assessing the competitiveness and meaningful for the state social institutions and positioning of countries and regions, and their their representatives. Such activities are import- formation are increasingly being used as mar- ant to increase the prestige of the above-men- keting technologies in public administration. The tioned organizations, to improve their image and classical tools of the commodity, price, communi- to facilitate their activities by public, commercial cation and marketing (distribution) policies con- organizations and individuals. cerning the corresponding objects are preserved. An important object of marketing in public Marketing in local self-government is consid- administration is the rights of citizens, as well as ered by scientists and scientists considerably less the duties and functions of citizens and organi- often than marketing of public administration. zations necessary for the existence and develop- Among the scholarly works there are often terms ment of the state and society: payment of taxes, such as “municipal marketing”, “regional mara- participation in elections, performance of military thon”, “territorial marketing”, “local marketing”, duty, judicial, other civil obligations 's functions “marketing of a city”, etc. We reviewed and ana- and functions. The state actively supports norms lyzed some of them. and rules of behavior, activities, values, programs, From all the above-mentioned definitions it is ideas that are useful to society. noticeable that the red thread is the basis of mar- The objects of marketing in public administra- keting activity, namely the needs of the locality, tion are also territories and territorial communi- the inhabitants, the territory, ensuring satisfaction ties, ie countries, regions, interregional educa- of interests, improving the living standards of the tion, cities and other areas. community, improving the image of the territory. The specificity of marketing in public admin- Speaking about the image of the territory in istration is determined by a number of charac- general, it would be possible to consider a num- teristic features. The nature of the relationship ber of problems that arise during the manage- is not entirely market-based, the exchange ment activity. [8] Since the image of the region is indirect, a significant part of the products, contributes to the improvement of the standard of which we have said so often above, are ser- living of the population among them.

28 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION

Table 1 Comparison of approaches to the name and definition of the concept “Marketing in local self-government” Author Concept Definition V. Vakulenko marketing city the process of creating methods for market regulation of a favorable urban environment for the production of goods and services and life of the population on the basis of identifying, creating and implementing factors of an ecologically and socially oriented local development policy and functioning I. Drobyazko municipal marketing is an integral activity in favor of the municipal entity (inside and outside of it) and its subjects (population, economic entities, authorities), which, based on the identification of municipal interests, as well as the creation and modification of a municipal social product, is aimed at satisfying specific the needs of municipal consumers to ensure the sustainable development of municipal education and improve the quality of life of the local community. M. Oklunder territorial marketing is a marketing activity carried out by the public administration and local government and through the exchange satisfies the needs for creating a favorable marketing environment for the formation of long-term competitive advantages of legal entities and improving the quality of life of the population of the territory. The exchange consists in the fact that each of the parties as a result of the interaction reaches the intended goal. A. Pankrukhin territorial marketing marketing in the interests of the territory, its internal as well as external entities, in the context of which there is an interested territory O. Cheban municipality the process of management of municipal education, which includes marketing analysis, planning, organization and control of satisfaction of needs and needs of each individual inhabitant, as well as the whole of the municipality as a whole Developed by the author according to [7; 11; 13; 10; 16]

But, in our opinion, all the above-mentioned ative interference in the economy, should, at concepts can not be identified. Therefore, we the expense of a certain system of levers (tools, use “marketing in local self-government”. In our mechanisms), create favorable conditions and opinion, there is no fundamental difference in promote the competitiveness of enterprises and the definition of “marketing in local self-govern- the quality of life of the population. ment” and “marketing in public administration”. At the same time, many experts believe that it Probably “marketing in local self-government” should function in a special regime characterized is an element of “marketing in public administra- by the following attributes: self-development and tion”. The difference lies in the types of services self-organization of economic entities as the main provided (within the scope of competence), the principle of increasing the economic potential of scale of influence, the objects of such activities the territory (country, region, city); increase in the and the technologies used in marketing activities. efficiency of production as the main criterion for We define marketing technologies of local assessing activities; selectivity of state support self-government as a complex of measures by policy as a means of facilitating innovation pro- the executive bodies of local self-government, cesses. [14, c. 59-60] which determine the vector of the development Formation of the system of marketing activi- of the territory on the basis of marketing research ties of public authorities should be considered in and promote its capacity. The result of their use conjunction with other areas of management of should be an increase in the indicators of all national economy and state construction. spheres of life of the territorial community. In some cases, the elements of the formation There are certain benefits of using marketing of marketing communications come to replace technologies in local government. Indeed, on direct administration. Thus, the practice of estab- a smaller scale (scale of city, village, village) it lishing public relations has become widespread is much easier to find marketing tools, easier to recently. Increasingly, government agencies use, plan, analyze and implement marketing projects. for example, advertising tools. The purpose of Bodies of state power and bodies of local advertising, where the initiators are state insti- self-government, guided by the concept of indic- tutions, is often propaganda of public socially

29 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE important ideas, promotion of their work, etc. 3. Там само [15, c. 65]. 4. Там само Conclusions and suggestions. Marketing 5. Peter F. Drucker. “Management: Tasks, affects the lives of each of us. This is a process Responsibilities, Practices”. N. Y., “Harper & Row”, 1973, p. 64–65. in which the goods and services are developed 6. Англо-русский словарь ABBYY Lingvo-Online. and supplied to people, providing a certain stan- Переводчик с английского [Електронний ресурс]. – dard of living. Marketing includes many different Режим доступу: http://www.lingvo.ua/ru/Translate/en-ru types of activities, including marketing research, 7. Вакуленко В. Міський маркетинг як інстру- product development, organization of its distri- мент стратегічного планування економічного роз- bution, price setting, advertising and personal витку міста / В.М. Вакуленко // Управління сучасним sales. Many confuse marketing with commercial містом. -2002 -№ 4-6(6). -С. 92-95. sales efforts, while in reality it combines several 8. Мамонтова Е. В. Формування іміджу регіону types of activities aimed at identifying, maintain- як управлінська проблема / Е. В. Мамонтова // ing, meeting consumer needs to meet the goals Актуальні проблеми державного управління : зб. наук. пр. / редкол. С.М. Серьогін (гол. ред.) [та of the organization. Marketing begins long before ін.]. – Дніпропетровськ : Вид-во ДРІДУ НАДУ, 2008. – and continues even longer after the act of sale. Вип. 3(33). – С. 255–262. Modern requirements for the performance 9. Маркетинг в государственном управлении of state institutions of their functions are signifi- [Електронний ресурс]. – Ре-жим доступу: http:// cantly different from the requirements of the past. lib.sale/munitsipalnoe-upravlenie-gosudarstvennoe/ In some cases, this requires a radical change in marketing-gosudarstvennom-upravlenii-73882.html tools and leverage used by government agencies 10. Маркетинг территорий : учеб. пособие. in their work. [Електронний ресурс]. – Режим доступу: http://www. The main direction in the process of forming koob.pro/pankruhin/mark_territ the system of public management of marketing 11. Можливості використання маркетингових тех- нологій у діяльності органів місцевого самовряду- activities is the development of the system of вання І. М. Дроб’язко [Електронний ресурс]. – Режим central and local government bodies and local доступу: http://www.nbuv.gov.ua/old_jrn/e-journals/ governments, to which the implementation of DeBu/2007-1/doc/2/14.pdf marketing functions is subordinated. Namely, 12. Мотивація персоналу. 2.2.1. Теорія ієрар- planning, strategy, control, promotion, and citizen хії потреб Маслоу. [Електронний ресурс]. – Режим orientation. доступу:http://library.if.ua/book/116/7763.html 13. Окландер М.А. Проблеми формування REFERENCES: маркетингової системи країни: [монографія] / 1. Alan R. Andreasen, Philip Kotler Strategic М.А. Окландер – К.: Наукова думка, 2002. – 189 с. Marketing for Nonprofit Organizations. (7th Edition), 14. Там само Pearson International Edition, Paperback, 504 pages, 15. Там само 2008 16. Чебан О. І. Муніципальний маркетинг: про- 2. Marketing essentials Kotler P. [Електронний блема дефініцій / О. І. Чебан // Актуальні проблеми ресурс]. – Режим досту-пу:www.researchgate.net/ державного управління: [науковий збірник]. Вип. 8. – publication/42799354_Marketing_essentials Одеса ОРІДУ УАДУ, 2001. – С. 256-270

30 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION WAYS OF PERFECTION OF MECHANISMS OF COOPERATION BETWEEN PUBLIC ADMINISTRATION AND NON-GOVERNMENTAL ORGANIZATIONS IN THE SPHERE OF COMBATING HUMAN TRAFFICKING IN UKRAINE

Dyvushchak O.O. Postgraduate Student of the Department of European integration The problem questions of cooperation of public administrationand non-governmental organizations are considered in the sphere of combating human traf-ficking in Ukraine. An analysis is carried out of Odessa Regional Institute of Public normatively legal base and scientific articles on questions ofcooperation of public administration and Administration non-governmental organizations. The modern consisting of cooperation of public administration and of National Academy of Public non-governmental organizations is described of sphere of combating human trafficking in Ukraine. Administration under the President Grounded necessity of perfection of mechanisms of cooperation for this sphere. of Ukraine Key words: co-operation, mechanisms, public administration, civil society, human trafficking.

Problem solving in general and its con- authorities and non-governmental organizations nection with important scientific or practi- in this area for the common goal. cal tasks. Trafficking in human beings is a gross To formulate the aims of the article. In violation of human rights, a transnational crime order to reveal the topic of the article, by ana- and a social problem that has a destructive char- lyzing the legislative framework and scientific acter for society and the state and nullifies all the research, identifying the causes of problematic aspirations to ensure the constitutional rights and issues in this area, justifying the need to improve freedoms of man and citizen. Individual coun- the mechanisms of interaction, the objectives teraction and the fight against human trafficking determined and make ways to improve the mech- by the authorities or by public activists can not anisms of interaction between public authorities be effective. Accordingly, the interaction of the and non-governmental organizations in the field subjects of the implementation of anti-traffick- of combating human trafficking in Ukraine. ing measures and the clear mechanisms for its Presentation of the main research mate- implementation is necessary. rial. Cases of human trafficking in the mod- An analysis of recent research and ern world continue to be an acute problem and publications. The problem of counteracting therefore require constant attention and further human trafficking from the point of view of crim- study, given that this phenomenon, which devel- inology is described in detail by such scholars ops together with society, and quickly adapts its as V. Pidgorodinsky, O. Kushnir, and E. Kulish. forms and forms to the requirements of time. Scientists K. Levchenko, O. Bandarka, O. Lytvynov, The sphere of counteraction to trafficking in A. Orlean, B. Lyzogub, O. Svjatun stood at the human beings in various countries is actively sup- sources of research and formation of public ported by the state: legislative and subordinate administration in the field of combating traffick- acts regulating the relations of various actors of ing in human beings. The issues of cooperation of interaction in counteracting this phenomenon public administration with non-governmental orga- are developed and passed; an infrastructure is nizations are raised in their writings by A. Kolodiy, created for solving technical and organizational A. Krupnik, A. Tkachuk, V. Vakulenko, V. Rubtsov, problems, etc. [6]. L. Udovichenko, S. Kononchuk and others. In Ukraine, anti-trafficking activities have been Identification of previously unsettled initiated by NGOs in 1997, and in 2011, with the parts of the general problem. With the cre- adoption of the Law of Ukraine on combating traf- ation of a system to combat trafficking in human ficking in human beings, the organizational and beings in Ukraine, state bodies and public legal principles of combating human trafficking, associations are included in the anti-trafficking subjects and their powers, the main directions of actors, and the mechanism of their interaction state policy in the field counteraction to trafficking is declared at the legislative level. At the same in human beings [8]. time, a large number of research and statistical But, given the fact that this crime has long been data in this area, as well as personal experience of transnational character, no state can alone of the author of the article in the central and local overcome such a phenomenon as trafficking in executive authorities in this area, proves the for- human beings. Ukraine has joined the implemen- mality of these relations and the ineffectiveness tation of all key international instruments, in par- of joint activities. This necessitates the devel- ticular, the Council of Europe Convention on Action opment of ways to improve the mechanisms of against Trafficking in Human beings, the Protocol interaction. Also, at the present stage, a mecha- to Prevent, Suppress and Punish Trafficking in nism is needed to intensify the interaction of the Persons, Especially Women and Children, supple-

31 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE menting the United Nations Convention against rights and duties, knowledge of the legislation in Transnational Organized Crime, the Optional the general in the majority of the population [2]. Protocol to the Convention on the Rights of the Characteristics of the forms and methods of Child on the sale of children, child prostitution and its cooperation between institutes of civil society child pornography, tangible conventions of the and the authorities are devoted to many scien- International Labor Organization and the OSCE tific works, deeply investigated the mechanisms Anti-Trafficking Action Plan. of cooperation and the functions of each of the The Group of Experts on Trafficking in Human subjects of interaction. The problem is to ensure Beings of the Council of Europe (GRETA), based the effectiveness of such interaction, the reasons on the results of monitoring the implementation by for the deviation from the course of pursuing the Ukraine of the provisions of the Council of Europe interests of the development of society, miscon- Convention on Measures to Combat Trafficking in ceptions about the common goal. Persons in 2014, noted, among other things, lack Proceeding from the fact that the effectiveness of cooperation with civil society organizations, of the interaction process is the achievement of pos- low level of resource provision of state institutions itive results in the process of interaction between providing assistance to people who have suffered executive authorities and non-governmental orga- from trafficking in human beings [4]. nizations, the adoption by decision-making bod- Consequently, the domestic policy of our state ies of decisions taking into account social needs in practice was aimed at the formal fulfillment and interests [5], raises a logical question as to the of the tasks of the international community, the indicators of this efficiency. implementation of international normative legal In this context, O. Kushnir should be sup- acts on paper, instead of using its own opportuni- ported by the fact that the indicator of the effec- ties for coordinating the activities of non-govern- tiveness of counteraction and prevention of crime mental organizations working in this direction and is determined, on the one hand, by the slowdown combining efforts and resources. in growth rates, stabilization or reduction of crime Today, active Ukrainian society no longer rates, and, on the other hand, by a qualitative remains indifferent to the processes of democra- increase in the social and preventive activity of the tization of society, to improve the quality of pub- population, support for preventive activities pub- lic services [1, p.28]. The public is increasingly lic opinion [7]. united around a common problem and declares Systemic study of the mechanisms of combat- its readiness for close cooperation with the ing human trafficking is impossible only by using authorities. The task of cooperation with the pub- state-management methods, excluding such an lic is also in front of the authorities, especially in important component as the active position of the context of the use of its potential to address public institutions. acute social problems. Today, civil society, which represents a non-in- However, it should be noted that in modern stitutional phenomenon, is a society indepen- Ukraine, the ineffectiveness of the use of mech- dent of the state of highly developed citizens and anisms for interaction between public authorities their communities that can jointly influence the and non-governmental organizations to address formation and implementation of state-political issues of counteraction to trafficking in human decisions on the observance of human rights and beings is observed. freedoms and guarantees its free development in One should agree with O. Babinova, who iden- order to ensure self-determination and self-reali- tified the following causes of problems in the zation of each persons [9, p. 16]. interaction between public authorities and the The key role of non-governmental organi- public: zations in addressing the problem of trafficking – unwillingness of the authorities and their rep- in human beings has been repeatedly defined resentatives to “open” the people and cooperate in international documents, proved in scientific with them; research, and also highlighted in the recommen- – absence of a legislative obligation (and not dations of Ukraine by international organizations an opportunity) of the authorities together with working in this field. the public to solve all the important issues that Thus, in agreeing with the opinion of O. Kushnir, arise; it should be noted that the need for public par- – the excitement of the authorities that the ticipation in countering and preventing crimes, public through its participation slows down the including in the field of human trafficking, is decision-making process; already axiomatic and overestimated, it is indeed – unification of the public, lack of specific difficult [7]. knowledge about the activities of the govern- The problem of interaction between the insti- ment, his duties to the community, as well as his tutions of power and civil society is always on a

32 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION timely and methodologically fruitful basis. The beings: there are no resource centers and insti- prerequisites for its scientific development were tutions for rehabilitation and temporary asylum at formed during the Renaissance: it was then that the state level, while non-governmental organiza- the idea of the necessity of regulation of state tions work closely with each other and provide a intervention in the public sphere developed. The full range of rehabilitation services, asylum and world is actively discussing the question of bal- the necessary social, medical and legal help ancing the power of the state and society, and, One of the options for effective interaction to accordingly, the resources of their activities. This increase the number of informed people about issue is linked to the processes of decentraliza- the problem of trafficking in human beings and tion, which covered the administrative systems to ensure access of victims to effective assis- of European countries, and regionalization. For tance may be the financial capacity of non-gov- the post-Soviet countries, the construction of ernmental organizations and the official status of a system of effective cooperation between dif- state bodies. ferent institutions and sectors of society, on the In contrast, the following popular forms of one hand, is a tribute to the global and European interaction are found in practice: public councils trends in this area, on the other – the demand of (their creation and periodicity of convocations time [3]. are conditioned by the compelling need of the Consequently, the current state of interaction authorities to report to the higher levels of gov- between public authorities and non-governmen- ernment on work with the public); public expert tal organizations in all spheres of public life and its reviews of draft legal acts (for the same reason); development for Ukraine is the issue of strategic a social order for NGO programs (in this case management. there is either a corruption scheme or lack of In the field of combating and combating traf- proper funding). ficking in human beings, the strategic goal should One can not but mention the practice of form- be to eradicate a crime of trafficking in human ing so-called “pocket-sized” non-governmental beings as a phenomenon, the closest result is to organizations in power bodies, which are created, reduce cases of trafficking in Ukraine, the main first of all, with the purpose of attracting funds task of which is the constant systematic, coordi- from international donor organizations for the nated interaction of all involved actors. implementation of plans of measures of power A common goal for counteraction trafficking structures, forming an illusion of interaction with actors can be defined as the achievement, first, of organized civil society [10 ] responsible cautious behavior of each member of Conclusions. An instrument for organizing society, and secondly, the unhindered access of civil society is the state institution [9], which reg- the affected people to help and reintegration into isters non-governmental organizations, approves society, and third, the strengthening of the crimi- their statutes, directs in their activities a course nal responsibility for trafficking in human beings. similar to state policy in a particular field. Analyzing the actual activities of each separate In our opinion, public authorities, in pursuit of a entity in the implementation of the state policy on common goal in the field of combating trafficking combating trafficking in human beings, one can in human beings in particular, should ensure, first state that there is almost no interaction. of all, the exclusion of the corruption component Thus, the extensive system of state structures in supporting the activities of non-governmental that are responsible in a certain territory for the organizations. implementation of the state policy of counter- Another area of interaction between public action to trafficking in human beings, because authorities and non-governmental organizations of the lack of financing of this sphere from the should be an open dialogue for effective commu- budget and, perhaps more importantly, the lack nication. Here, non-governmental organizations of staffing, almost do not carry out informa- can act as a chain between citizens and govern- tion campaigns on human trafficking, although ment, but first you need to increase the level of they have more opportunities to bring social- public confidence in these entities. ly-directed information to the population, rather In addition, non-governmental organizations than non-governmental organizations. Non- also provide volunteer development, philan- governmental organizations in turn, with funding, thropy, philanthropy, and the authorities have no carry out information campaigns on this issue, access to these resources that can be involved in but because of the “informal” status they can not solving the problem of combating human traffick- reach the greater number of people who may be ing and overcoming its consequences. informed. Thus, the system of cooperation between state Identical situation in the field of providing assis- authorities and non-governmental organizations tance to people affected by trafficking in human in Ukraine is only at the stage of becoming. The

33 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE ways of improving mechanisms of interaction in Режим доступу: http://www.mlsp.gov.ua/labour/control/ the field of combating trafficking in human beings uk/publish/article;jsessionid=65ABC68B885FDA64F54 are considered in the article. They require grad- 171B97DF900F2.app1?art_id=179594&cat_id=102036 ual, but systematic implementation on a perma- 5. Концепція сприяння органами виконавчої влади розвитку громадянського суспільства / Кабінет nent basis. The forms and directions of interac- Міністрів України, Розпорядження від 21 листопада tion will evolve, new, trans-formed and effective, 2007 р. № 1035-р. – Режим доступу : www.kmu.gov. which will promote the sustainable development ua/control of the state and society. 6. Кушнір О.В. Напрями удосконалення взає- модії міліції з іншими суб’єктами протидії торгівлі REFERENCES: людьми/ О.В. Кушнір :[Електронний ресурс]. – Режим 1. Афонін Е.А., Бережний Я.В., Валевський доступу: http://goal-int.org/napryami-udoskonalennya- О.Л. Концептуальні засади взаємодії політики й управ- vzayemodii-milicii-z-inshimi-subyektami-protidii-torgivli- ління: / А. Афонін, Я.В. Бережний, О.Л. Валевський lyudmi та ін. ; за заг. ред. В.А. Ребкала // Навчальний посіб- 7. Кушнір О.В. Основні форми діяльності гро- ник. – К. : НАДУ, 2010. – 300 c. мадських інституцій у протидії торгівлі людьми / 2. Бабінова О.О. Взаємодія органів держав- О.В. Кушнір. [Електронний ресурс]. – Режим доступу: ного управління і місцевого са-моврядування з гро- http://goal-int.org/osnovni-formi-diyalnosti-gromadskix- мадськістю: теоретико-методологічний аспект / institucij-u-protidii-torgivli-lyudmi О.О. Бабінова // Автореферат дисертації на здобуття 8. Про протидію торгівлі людьми / Верховна наукового ступеня кандидата наук з державного Рада України; Закон від 20.09.2011 № 3739-VI : управління :[Електронний ресурс]. – Режим доступу: [Електронний ресурс]. – Режим доступу: http://zakon3. http://mydisser.com/en/catalog/view/386/823/17257. rada.gov.ua/laws/show/3739-17 html 9. Телешун С. О., Рейтерович І. В., Ситник 3. Бородін Є. І., Хохрякова І. В., Тарасенко С. В. Взаємодія держави і суспільства в проце- Т. М. Співпраця органів влади та інститутів грома- сах публічної політики: наук. розробка / авт. кол.: дянського суспільства у сфері державної моло- С. О. Телешун, І. В. Рейтерович, С. В. Ситник та ін. – діжної політики в Україні: наук. розробка / авт. кол : К. : НАДУ, 2013. – 44 с. Є. І. Бородін, І. В. Хохрякова, Т. М. Тарасенко та ін. – 10. Усаченко Л.М. Співпраця органів держав- К. : НАДУ, 2012. – 56 с. – С. 13. ної влади з інститутами громадянського суспіль- 4. Концепція Державної соціальної про- ства/ Л. М. Усаченко // Державне управління: тео- грами протидії торгівлі людьми на період до 2020 рія та практика. – 2007. – № 2 (6) :[Електронний року / Кабінет Міністрів України; розпорядження від ресурс]. – Режим доступу: http://www.academy.gov.ua/ 7 жовтня 2015 р. № 1053-р.: [Електронний ресурс]. – ej/ej6/index.htm

34 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION THE ORGANIZATIONAL AND LEGAL FORMS OF THE ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN THE STATE ADMINISTRATION ACTIVITIES: CONDITION AND PROBLEMS OF THE LEGAL REGULATIONS

Krasilovska Z.V. Postgraduate Student of the Department The article examines the organizational and legal forms of the alternative dispute resolution mech- of Law and Law-making Process anisms in the state administration activities of Ukraine. Its condition and problems of the legal regu- lation have been analyzed. of Odessa Regional Institute of Public The factors that restrain the full application of conciliation procedures in the legal practice of Ukraine Administration have been determined. The increasing efficiency directions of the public administration in the dis- of National Academy of Public pute and conflict resolution have been suggested. Administration under the President Key words: conciliation; public administration, alternative dispute resolution, arbitration court, of Ukraine National service of mediation and reconciliation.

Formulation of the problem. Systemic ful (voluntary) settlement of a dispute, when the problems of the formation of the administrative parties or other persons taking part in it engage branch of government, the presence of gaps in actions to find mutually acceptable solutions; and inconsistencies in the legal regulation of the 2) are possible only with the voluntary will of the competence of the bodies of state administra- parties [1, p.163]. With the use of reconciliation tion, local self-government, division of powers procedures, no one else can endorse the reso- between individual bodies lead to an increase lution of the dispute, only the parties. [4, p.41]. in the number of introduction of new types of They are quite diverse and can be carried out proceedings and the expansion of the range of both in the judicial process and outside it, both on cases that fall under the jurisdiction of adminis- a mandatory basis, so and for the voluntary will of trative courts. In the face of radical changes in the parties to the dispute the country, the problem of effective and rapid Reconciliation in state-management practice resolution of conflicts is extremely acute. The takes place: existing alternative forms of dispute resolution in –in civil, economic and administrative disputes Ukraine are not used in full potential, as it might before or during the proceedings in court, as well be possible. as at the stage of enforcement proceedings; Analysis of recent research and publica- –in resolving the issue of reconciliation tions. Issues of organizational and legal forms of between victims and suspects (accused) in crim- alternative ways of resolving disputes in Ukraine inal-legal relations; were worked out in scientific works by O. Spector, – during the resolution of labor disputes. N. Nestor, L. Yuhthenka, V. Baluch, V. Goncharova, Concerning the conciliation procedures G. Eremenko and others. applied by the parties in civil, commercial and Selection of unresolved parts of the general administrative disputes before or during the con- problem. Nevertheless, the definition and anal- sideration of the relevant dispute in court, the law ysis of the actual problems of the organizational provides provisions for which the judge actively and legal forms of alternative ways of resolving promotes conciliation of the parties. However, disputes in Ukraine, which serve as an element the procedures of reconciliation themselves are of civil society and forms of decentralization of carried out by the parties themselves, by free power in the sphere of conflict resolution, needs expression of will and in extrajudicial order. Note to be further elaborated. that the approximate analogue of conciliation of The purpose of the article is to study the parties in civil proceedings is the institution of a status and problems of legal regulation of exist- peace agreement. This is a strictly terminological ing organizational and legal forms of alternative difference of non-principled nature, which could methods of resolving disputes in public admin- and should not be. Although these institutions istration that are designed to reduce the burden have certain differences. on the judicial system and promote the develop- As a result of reconciliation, the parties can ment of democratic institutions of civil society in enter into a peace agreement, which should apply Ukraine. only to those requirements that were the subject Presenting main material. It is known that of a claim to the court, that is, the claimed mate- alternatives to dispute resolution (hereinafter – rial requirements of the plaintiff to the defendant. ABC) are a broader concept than reconciliation If the parties try to resolve other legal relation- procedures, in which the latter may take place as ships, and not those that were the subject of judi- part of the process. The main features of recon- cial review, the parties will be denied recognition ciliation procedures are: 1) the desire for a peace- of the agreement.

35 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE Civil procedure law provides that reconciliation International Commercial Arbitration at the of the parties can be executed not only during Chamber of Commerce and Industry of Ukraine the consideration of the case in the court of first (hereinafter referred to as the ICAC at the Chamber instance (Article 175 of the Civil Code of Ukraine), of Commerce and Industry of Ukraine) is a perma- but also at the stage of appeal (part 3 of Article nent arbitration court, which operates in accor- 31 of the Civil Procedure Code of Ukraine) and dance with the Law of Ukraine “On International the cassation proceeding 334 of the Code of Civil Commercial Arbitration”, the Regulations on Procedure of Ukraine), as well as in the period of International Commercial Arbitration and the enforcement of a court decision (Article 372 of Regulations of the ICAC. The peculiarity of the the Code of Civil Procedure of Ukraine). Very sim- work of the ICAC is the consideration of only cases ilar positions are also contained in administrative arising in the course of the implementation of for- proceedings. Thus, according to Part 3 of Art. 51 eign trade and other types of international rela- KAS of Ukraine the possibility of reconciliation is tions, if at least one side of the conflict is abroad, provided at any stage of the administrative pro- as well as disputes between enterprises with for- cess, including during the appeal and at the stage eign investments and international associations of execution of the court decision (Article 262 of and organizations established on the territory of the CAC of Ukraine). The peculiarity of the eco- Ukraine, among themselves, disputes between nomic process is that the Code of Civil Procedure their participants, as well as their disputes with does not contain provisions on the possibility of a other subjects of the law of Ukraine. On average, court approval of a settlement agreement during only about 9% of domestic corporations turn to the appeal and cassation proceedings. the ICAC for resolving conflicts. This indicator is As we see, Ukraine's procedural law provides indicative of the low popularity of this method. for reconciliation (peace agreement) on the basis In accordance with the report on the results of of mutual concessions, which may only concern ICAC activities for 2014, the terms of consider- rights and obligations of the parties and the sub- ation of cases ranged from 3-4 months – 44% of ject of the claim. However, the notion of “acts” cases, from 5 to 6 months – 36% of cases, from has not been clarified and not commented upon 7-9 months – 12% of cases, from 10-12 months – in judicial practice, and therefore the courts rarely 3 % of cases, over 12 months – 1% [12]. That is, approve of peace agreements, fearing to violate the average term of consideration of the case at the rights of the parties, do not risk to allow mis- the ICAC is six months, which is not fast. carriages. Consequently, the conclusion of peace According to the Law of Ukraine “On Arbitration agreements in judicial proceedings is under the Courts”, an arbitral tribunal is a non-governmen- control of judicial authorities. And even when tal independent body formed by agreement or there is a “reconciliation of the parties”, the court by a decision of interested natural and / or legal may refuse to approve the world's time, if it estab- persons in accordance with the procedure estab- lishes that the subject of a settlement agree- lished by the Law to resolve disputes arising out of ment does not coincide with the subject matter civil and commercial relations. of the lawsuit or is contrary to the rules of law. As The difference between arbitration courts and G.S. Goncharov rightly notes: “The task of law courts of general jurisdiction is that the compe- enforcement practice is to correctly interpret the tence of arbitral tribunals does not apply to all concept of mutual concessions and to expand the legal relations that arise in a state, the decisions possibilities for concluding peace agreements”, of arbitration courts are not binding for all individ- but at the moment it has not been done yet, which uals and legal entities, except for parties to arbi- may be an obstacle to the way to reconciliation in tration. many cases [2, p.127]. The common feature of arbitration and public The most widespread and most regulated on prosecution is, firstly, the principle of adversarial- the legislative level in the way ABC in Ukraine is ism based on them, and, secondly, the adoption the arbitral tribunal. Arbitration is regulated by of a decision that is binding. The essential differ- legislative acts, each of which is a system-form- ence is the principle of publicity, which is typical ing nature, is the Law of Ukraine “On Arbitration of state judicial proceedings, while one of the Courts” dated May 11, 2004 No. 1701-IV20 main principles of arbitration is the principle of [7] and the Law of Ukraine “On International confidentiality. Commercial Arbitration” of February 24, 1994, In Ukraine, arbitration courts have begun No. 4002-XII21 [ 6], as well as the Civil Procedural active development since 2004, with the adoption Code of Ukraine [13], the Commercial Procedural of the law “On Arbitration Courts”. Although in Code of Ukraine [3], the Law of Ukraine “On Ukraine, as nowadays, more favorable conditions Enforcement Proceedings” of April 21, 1999, No. for the development of arbitration, since the level 606-XIV24. of trust in state courts is record low, unfortunately

36 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION the arbitral tribunal has not gained popularity, but autonomous processes that take place outside has not become the main tool for solving civil and the criminal justice system through mediation economic disputes. (mediation) cooperation mechanisms developed It happened from the law of permissive- in the absence of a certain regulatory framework ness in the creation of arbitration courts, which that would be regulated the principles of carrying “unleashed their hands” to dishonest lawyers. out the appropriate procedures. The requirements for the creation of arbitration With regard to the gaps in the process of con- courts are so simple that they were registered at a cluding an agreement on conciliation, the follow- rate of about 500 in a short time, and the number ing should be noted. In accordance with Part 1 of continues to grow, despite the lack of demand for Art. 469 CCP, a conciliation agreement may be their services [10]. concluded on the initiative of the victim or sus- Given the permissiveness in creating and the pect, the accused. Agreements relating to an low quality requirements – arbitration courts agreement on reconciliation may be made by the began to massively interfere in property relations, victim and the suspect, accused, defense counsel and used in raider schemes to take possession of and representative or by another person agreed someone else's property. Unfortunately, the legis- by the parties (other than the investigator, prose- lator did not overcome this problem by improving cutor or judge). The sensational disadvantage of the quality of work of arbitration courts, but sim- the CCP is not the definition of the “other person” ply from 2009-2011. certain changes and restric- who will be entitled for the conclusion of agree- tions were introduced to the Law of Ukraine “On ments, that is, this place can take such a proce- Arbitration Courts”, which provides for the prohi- dural person as a mediator, at least for reasons bition of consideration by the arbitration courts of of incompetence of the victim and the accused in Ukraine of cases arising from corporate relations, most legal matters. disputes concerning consumer rights protection, The following are conciliatory procedures used disputes concerning immovable property, includ- in resolving labor disputes. ing land plots; cases on the establishment of facts The system of the resolution of labor disputes of legal significance; cases in disputes arising in Ukraine provides for different procedures for from labor relations, that is, in fact, the withdrawal solving individual and collective labor disputes. of arbitration courts as one of the ways of alterna- Despite the fact that the Code of Labor Law pro- tive dispute resolution. vides for a pre-trial procedure for the resolution of The next is the list of procedures for resolv- individual labor disputes, they are mainly focused ing disputes, regulated by the current legislation, on judicial settlement of their solution. The rea- which correspond to the nature of the ABC of rec- sons for the non-application of the pre-trial set- onciliation in the field of criminal legal restoration. tlement mechanism are the absence of an exten- The Criminal Procedure Code of Ukraine (herein- sively functioning on each enterprise, institution, after referred to as the CPC) provides for the pos- organization of the system for solving individual sibility of concluding an agreement on reconcil- labor disputes by labor disputes commissions iation between victims and suspects or accused (KTS), which in most cases are “nominal”, formal persons. Part 3 of Art. 469 of the CPC states that and practically do not perform functions or solu- reconciliation takes place in three cases: in the tions to labor a substantive dispute or a warning; commission of a criminal misconduct; a crime the lack of compulsory registration and sufficient of a small or moderate degree; in a criminal pro- statistical information on individual labor dis- ceeding in the form of a private prosecution. And putes, especially at the pre-trial stage; the non- in the Criminal Code of Ukraine (Article 46) it is use of the potential of the National Mediation and stated that from a criminal liability on the basis of Reconciliation Service as a possible consultative reconciliation a person who: and organizational body in resolving individual – first committed a crime of modest gravity or labor disputes. a careless crime of moderate gravity; The formation of the system for solving collec- – reconciled with the victim; tive labor disputes began with the adoption of the – Refunded damages or eliminated the damage. Law of Ukraine “On the Procedure for Resolving At the same time, the current criminal law does Collective Labor Disputes (Conflicts)”, which not define the concept of “reconciliation” and defined the legal and organizational principles does not provide for the regulation of those pro- for the functioning of the system of measures for cedures that may lead to concluding an agree- their resolution [5]. In order to facilitate the settle- ment on conciliation in a criminal proceeding. ment of collective labor disputes, the Presidential As a result, the achievement of reconciliation Decree of On November 17, 1998, No. 1258, between the victim and the accused (suspect) a permanent state body was established – the today is due to the existence of predominantly National Service for Mediation and Reconciliation

37 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE (hereinafter – NSPP), the specificity of which is the activities of conciliation bodies and the imple- that the nature of the NSP is primarily a regulatory mentation of their decisions; legal insecurity of and not related to “control and subordination” in employees who joined a collective labor dispute; “pure” form. imperfect selection and organization of profes- According to the results of the activity during sional training of labor arbitrators and mediators; January-December 2015, the NSAP facilitated and the lack of legislation in place to ensure their the resolution of 188 collective labor disputes, rights and safeguards when participating in the the direct participants of which were 1.3 million work of conciliation bodies and labor arbitration; employees of 8340 business entities and 480 the legal uncertainty regarding the financing of claims made by hired workers, trade unions in the process the resolution of labor disputes at the collective labor disputes on matters specified in expense of the State budget, including the remu- Article 2 Law of Ukraine “On the Procedure for neration of labor arbitrators, experts, intermedi- Solving Collective Labor Disputes (Conflicts)”. aries, lack of legislation yznachenoyi procedures The overwhelming majority of claims made by protests (including strikes) and adequate proce- hired workers from 480 disputes arose due to the dures for the protection of labor rights for catego- existence of arrears of wages and violation of the ries of workers for whom there is a ban on strike timing of payment of current wages (174 require- are the reasons that prevent the development of ments – 36.2%) and compliance with the dis- labor relations and efficient resolution of collective missal and employment order (79 requirements labor disputes in Ukraine. In this regard, in 2006, -16, 4%), as well as to raise wages and introduce a Swedish-Ukrainian project on labor dispute res- appropriate wage conditions (67 requirements olution was launched in Ukraine, with the assis- -14%). The remaining requirements concerned tance of the Swedish Agency for Development the implementation of measures on occupational and Cooperation (Sida), and launched a new safety and health (50 requirements – 10.4%) and model of labor disputes in Ukraine aimed at is the other requirements (110 -23%) [8]. formation of an effective mechanism for resolving Thus, among the main causes of collective labor disputes on the basis of the best European labor disputes (conflicts), as a rule, the employer standards and experience in which employ- does not comply with labor legislation on wages ers 'and trade unions' organizations will play an and labor protection, violation of social rights and important role and will bear a serious responsi- guarantees of employees, non-compliance with bility in the implementation. social dialogue and collective agreements, etc. According to the law, dispute resolution, and the state will provide basic the court can resolve a collective labor dispute, rules and means for their final resolution [11]. The but only in the case when workers are prohibited project is expected to be implemented by 2017. from strike, and if the parties to the dispute failed Conclusions from this study. Taking into to take into account the recommendations of the account certain limits on the possibilities of NSAID in resolving it. achieving reconciliation (conclusion of peace An important role in the system of collective agreements) in civil, economic and administra- labor disputes is played by the bodies created tive disputes, gaps in legislation regarding proce- on the initiative of the parties to a collective labor dures that could lead to concluding an agreement dispute for its consideration (conciliation com- on conciliation in criminal proceedings, low pop- mission, labor arbitration). Thus, in the course of ularity and undermined the authority of arbitration 2015, the Service conducted 2082 conciliation courts, the absence of a holistic effective system procedures aimed at facilitating the resolution of resolution labor disputes, we can assert that of the CCS (C) and preventing their occurrence, one of the promising directions of improving the in particular, 1883 conciliation meetings, 168 procedure for reviewing and resolving disputes is meetings of conciliation commissions and 31 to eliminate gaps in the law avstvi and increasing meetings of labor arbitration. At present, there requirements to existing national practice of legal are 468 labor arbitrators and 129 independent forms of alternative dispute resolution methods. mediators of NSPP on a voluntary basis, as well Mediation is a special interest and considerable as 540 NSPP information and consultation cen- distribution in the private law sphere – a way of ters operate in regional centers and cities of settling a dispute involving a third independent oblast significance [8]. person, a mediator. Taking into account the pos- It should be noted that the imperfection of the itive world experience, the development of a procedure for resolving collective labor disputes similar mechanism, adapted for the public law in terms of the formation and approval of claims sphere, will increase the confidence of citizens in of hired workers and trade unions, the deter- public administration and the efficiency of public mination of the parties to the labor dispute, the administration in the sphere of resolving conflicts moment of entry into a collective labor dispute, that arise in the Ukrainian society.

38 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION

REFERENCES: посередництва і примирення – – [Електронний 1. Балух В. С. Нормативно-правові основи фор- ресурс]. – Режим доступу:http://www.nspp.gov.ua мування системи альтернативного вирішення спорів 9. Кодекс адміністративного судочинства в Україні / В. С. Балух // Часопис Київського універси- України від 06.07.2005 № 2747// [Електронний тету права. – 2013. – № 4. – С. 162-168. ресурс] – Режим доступу: http://portal.rada.gov.ua/ 2. Гончарова Г. С. Мирова угода та медіація: rada/control/uk/index загальні риси та відмінності між ними / Г. С. Гончарова // 10. Криве дзеркало судової реформи – Верховний Право та інновації. – 2013. – № 4. – С. 126-136. суд «люструє» третейські суди. Назва з екрану. – 3. Господарсько-процесуальний кодекс України [Електронний ресурс] – Режим доступу:http://blogs. Кодекс від 06.11.1991 № 1798-XII // [Електронний lb.ua/taras_shepel/319503_krive_dzerkalo_sudovoi_ ресурс] – Режим доступу:zakon.rada.gov.ua reformi_.html 4. Давыденко Д.Л. Вопросы юридической тер- 11. Нова модель вирішення трудових спо- минологии в сфере «альтернативного разрешения рів в Україні. Шведсько-український проект вирі- споров» // Третейский суд. – 2009. – № 1. – С. 40-53. шення трудових спорів в Україні. // Електронний 5. Закон України ««Про порядок вирішення ресурс – [ Режим доступу] – http://spo.fpsu.org.ua/ колективних трудових спорів» від 03.03.1998 na-obgovorenni-v-spo/373-nova-model-vyrishennya- № 137/98-ВР // [Електронний ресурс] – Режим trudovykh-sporiv-v-ukrayini доступу: zakon.rada.gov.ua/go/137/98-вр 12. Офіційний сайт Міжнародного комерційного 6. Закон України «Про міжнародний комерцій- арбітражного суду при Торгово–промисловій палаті ний арбітраж» від 24 лютого 1994 року – [Електронне України. Статистика. Назва з екрану. – // Електронний джерело]. – Режим доступу: http://zakon2.rada.gov.ua/ ресурс – [Режим доступу] : http://arb.ucci.org.ua/icac/ laws/show/4002-12 ua/report.html Офіційний сайт Міжнародного комер- 7. Закон України «Про третейські суди» ційного арбітражного суду при Торгово –промисло- від 11 травня 2004 року [Електронне дже- вій палаті України. Статистика. Назва з екрану. – // рело]. – Режим доступу: http://zakon1.rada.gov.ua/ Електронний ресурс – [ Режим доступу] -http://arb. laws/show/1701-15 ucci.org.ua/icac/ua/report.html 8. Інформація про результати діяльності 13. Цивільно-процесуальний кодекс України Національної служби посередництва і примирення від 18.03.2004 № 1618-IV // [Електронний ресурс] – за 2015 рік. Офіційний сайт Національної служби Режим доступу:zakon.rada.gov.ua

39 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE DIRECTIONS OF PERFECTION OF PUBLIC INTERACTION OF EXECUTIVE AUTHORITIES

Malash S.M. This article analyzes the directions of improvement of the organizational and economic mechanism Postgraduate Student at the Department of interaction between executive authorities in the process of forming interaction with the public, of Marketing and Recruiting substantiates strategies for interaction with the public and the processes of strengthening the role of of Kyiv National Technical University interaction with the public of executive bodies. of Economics Key words: analysis, interaction with the public, executive authorities, society.

Provisional issues: Creation of an effective organizational and economic mechanism of inter- public relations system in executive bodies is an action of executive authorities in the process of important condition for the democratization of pub- formation of interaction with the public, to sub- lic administration in Ukraine and its approximation stantiate strategies of interaction with the public to European standards of effective governance. To and processes of strengthening the role of inter- date, the regulatory framework, which contributes action with the public of the executive authorities. to the expansion of the possibilities of functioning Exclusion of the main research material. of civil society bodies, has been intensively devel- To date, the adoption of a number of legislative oped in recent years. We can observe a significant acts gives grounds for asserting the extension regulatory improvement in the conditions of com- of the legal framework for cooperation between munication between the OVV and the public; At the executive authorities and the public, the objec- same time, the practice of the use of standardized tive is to focus on dialogue with the society, the procedures by civil society bodies is not systematic involvement of the public in the formation and and effective in terms of the content of public policy. implementation of state policy is becoming more Annals of recent research and publica- and more active. tions. Specifically N. Dniprenko, zaznachaye that The involvement of civil society institutes in order to promote the development hromady- in the administration of state affairs has been anskoho suspilstva same orhany vykonavchoyi defined by a number of normative legal acts. In vlady mayut vprovadzhuvaty demokratychni prin- particular, the Constitution of Ukraine, the Law ciples vidpovidalnoyi komunikatsiyi formuvannya of Ukraine on Public Associations of 02.11.2016 through appropriate structures dialohichnoyi № 4572-VI [2], the Decree of the President of oriyentatsiyi in masshtabi whole community, ie Ukraine from February 26, 2016 No. 68/2016 zdiysnyuvaty of konsultatsiy of hromadskistyu, “On Promoting the Development of Civil Society zabezpechennya uchasti hromadyan derzhavnyh in Ukraine” [3] The Procedure for Facilitating in decision-making He analyzed the study of the Public Examination of the Activities of the Gromad's thought, initiated by the structures, Executive Bodies, approved by the Resolution their urahhuvanya and the implementation of of the Cabinet of Ministers of Ukraine dated May appropriate correction of net actions [1, p. 74]. 12, 2015 No. 976 [4], Procedure for Conducting Selection of previously unsettled parts Public Consultations on Issues of Formation and of the general problem. An important tool for Implementation of the State Policy, approved the effective realization by citizens of the consti- by the Resolution of the Cabinet of Ministers of tutional right to participate in the management of Ukraine 2 May 9, 2015, No.996 [5], and other state affairs is their involvement in decision-mak- normative-legal acts. ing by executive authorities through the mecha- An analysis of the practice of providing struc- nism of public consultations. tural units of executive bodies responsible for Public consultations are carried out in a vari- public relations, performing functions for promot- ety of ways and are important for ensuring a ing the development of civil society and involving systematic dialogue between the authorities the public in the formation and implementation and the society, since they allow to increase the of state and regional policy, already one year in level of citizens' confidence in the authorities, a row included in the plan of implementation increase the degree of transparency, predictabil- measures. State Policy Strategy Contributing to ity, reasonableness and quality of decisions that the Development of Civil Society in Ukraine of are adopted by executive authorities, increase February 26, 2016, No. 68/2016 [3]. The pur- access of citizens to information on the activi- pose of the Strategy is to create favorable con- ties of these bodies, ensure more efficient use of ditions for the development of civil society, to public finances, eliminate a number of corruption establish effective interaction of the public with risks when adopting regulatory o-legal acts. state authorities, local self-government bodies Formation of the purposes of the arti- on the basis of partnership, provision of addi- cle. To analyze directions of improvement of the tional opportunities for the realization and protec-

40 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION tion of human and civil rights and freedoms, the states, creating all the necessary preconditions satisfaction of the public interest with the use of for the independent decision of the public on the various forms of participatory democracy., public issue of participation in the adoption and imple- initiative and self-organization. mentation of decisions of executive authorities. In most European countries, for many years, At present, the Cabinet of Ministers of Ukraine there has been a tendency to increase the partici- pays great attention to establishing effective inter- pation of citizens in decision-making at both cen- action between the system of executive author- tral and local levels. At the same time, citizens and ities and the public, heads of central and local other interested entities are increasingly involved executive authorities are instructed to strengthen in the process of developing not only bylaws but the interaction with the public, in particular to also draft laws. ensure regular public events with the participation The main normative legal act that regulates the of the leadership of executive bodies and repre- mechanism for conducting public consultations sentatives of civil society institutions (meetings, in Ukraine is the Procedure for conducting public round-table meetings, public hearings), and use consultations on issues related to the formation the latest information and communication tech- and implementation of state policy, approved by the nologies for communication with the public (social Resolution of the Cabinet of Ministers of Ukraine networks, blogs, telephone “hot line”, etc.). dated May 29, 2015 No. 996 [5]. In accordance Currently, there are a number of legislative with the above Procedure, the executive authori- and regulatory acts that have become a sys- ties systematically hold consultations with the pub- tem-based factor for the functioning of the rele- lic. In addition, in accordance with the order of the vant public relations units. If, at the beginning of Cabinet of Ministers of Ukraine dated June 11, 2012, the establishment of the civil service in Ukraine, No. 2311 “On conducting public public discus- public relations was largely confined to the work sion of systemic socio-economic reforms” [6], the of a spokesperson or head of a government body, executive authorities ensure that private individuals, at the present stage, the relevant functions are including entrepreneurs, representatives of public carried out by the whole structural units-infor- organizations, trade unions and their associations, mation services, the main tasks of which can be employers' organizations, legal persons, scientists, attributed: experts of public public discussion (round tables, – conducting public discussions of acts and public hearings, public meetings conferences) of resolutions of the executive body; systemic socio-economic reforms. – conducting public discussions of projects of It should be noted that the information of state and regional programs of economic, social the executive bodies on the results of consulta- and cultural development; tions with the public is quarterly analyzed by the – electronic consultations with the public, Secretariat of the Cabinet of Ministers of Ukraine. including publication on the official website of Public service work as a whole will only be draft acts of the executive body; effective if state authorities, receiving full infor- – placement of the most socially significant mation on public opinion, will use it as an organi- draft acts of the executive body for discussion cally integrated part both in the process of making (information on holding such public discussion) state decisions and in the mechanism of govern- in the media; ment activities. – preparation and publication of reports on the The analysis showed that today most of the results of public discussions; executive authorities have ensured the function- – monitoring of public opinion; ing of the structural unit on issues of interaction – conduct of sociological research. with the public, its proper staffing and logisti- The purpose of public relations in the public cal support, while there is no established prac- sector is to form an effective system of commu- tice of determining the type of such a unit. The nicating public authorities with the public, which vast majority of executive bodies adhere to the achieves their optimal interaction. The task of the requirements of the Procedure for holding con- public relations units is to predict topics that may sultations with the public, approved by the deci- interest the target groups and to provide timely sion of the Cabinet of Ministers of Ukraine dated information, in particular, to place comprehensive May 29, 2015, No. 996 [5]. There are also a num- information on the official site and conduct media ber of legal, organizational and technical, infor- advocacy work. The lack of understanding by the mation and educational measures to promote the executive authorities of objective cooperation development of civil society in Ukraine, and finan- and the need for established partnerships with cial support is provided to public organizations. the public is one of the main causes of a negative In general, modern Ukrainian practice meets image and a consistently low evaluation of public the requirements of contemporary democratic performance.

41 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE Today, qualitatively new relations between that impedes the transparency of decision-mak- the Government, state authorities, in particular ing, etc. The same reasons are manifested when executive, citizens, non-governmental organi- compared with public opinion. zations, mass media and other civil society insti- Consequently, it is necessary to overcome tutions are formed in Ukraine and are based on such phenomena: firstly, corruption, bureaucracy partnership and mutual responsibility, openness of public authorities, and secondly, the unpre- and transparency. Such relations involve the for- paredness of citizens to defend their interests mation of public policies that are understandable and to participate in politics and law-making in to the public, taking into account the interests general. and needs of the society, involving citizens in the The effectiveness of the interaction of HRW preparation and adoption of state-management with the public demands an unformalized atti- decisions, providing complete information on the tude and involvement of administrative, orga- activities of executive authorities, creating favor- nizational, financial, personnel resources of able conditions for the development of civil soci- state authorities, and their synchronized work. ety and the functioning of its institutions. This is supported by the tasks approved by the Effectiveness of public relations in public State Policy Strategy on Promoting Civil Society authorities affects public administration as a in Ukraine and the Plan of Priority Measures for whole and its level of democracy. Therefore, the its Implementation, as well as the Action Plan establishment of an effective public relations sys- for the Implementation of the Initiative “Open tem in executive bodies is an important condition Government Partnership” in Ukraine. for the democratization of public administration in Excerpts from this study and prospects. Ukraine and its approximation to European stan- The conducted research has shown that at this dards of effective governance. stage of development Ukraine is confidently To date, the regulatory framework, which con- moving through democratic transformations, tributes to the expansion of the possibilities of strengthening of civil society and forms of coop- functioning of civil society bodies, has been inten- eration of its institutes with state authorities. This sively developed in recent years. We can observe is also confirmed by the analysis of the latest reg- a significant regulatory improvement in the con- ulatory acts adopted in Ukraine on the develop- ditions of communication between the OVV and ment of interaction between public authorities the public; At the same time, the practice of the and civil society. The great attention in these doc- use of standardized procedures by civil society uments is given to concrete forms and principles bodies is not systematic and effective in terms of of such interaction. the content of public policy. Consequently, due to The role of the public in our country in its a number of factors, even in spite of the expan- cooperation with the authorities is also constantly sion of the regulatory framework, the creation increasing. Today, active Ukrainian society no of mechanisms, it is mainly about lack of control longer remains indifferent to the processes of and accountability. This is especially noticeable if democratization of society, to improve the qual- you look at how recommendations, suggestions ity of public services. The forms of its cooperation to the public are taken into account and how the with the authorities are characterized by diversity. policy decisions are adjusted in the light of expert But the problem remains their effectiveness. and public opinion. At present, procedures for conducting public consultations with executive REFERENCES: authorities are regulated; public expertise of 1.Дніпренко Н.К. Зміна парадигми в державному executive bodies. However, the accountability of управлінні інформаційною сферою: комунікативний public authorities relates mainly to the facts of аспект : дис. … канд. наук з держ. упр. : 25.00.01 / their conduct, while monitoring the impact of pub- Дніпренко Н.К. – К., 2005. – 168 с. lic consultations and expertise, as well as pub- 2. Про громадські об’єднання: Закон України від lic opinion as a whole, on final decisions seems 02.11.2016 № 4572-VI // [Електронний ресурс]. -режим problematic. In general, the level of motivation of доступу: http://zakon5.rada.gov.ua/laws/show/4572-17. state authorities and local authorities to interact 3. Про сприяння розвитку громадянського суспіль- as well as the public to productive cooperation is ства в Україні: Указ Президента України від 26 лютого insufficient. Thus, according to an expert survey, 2016 № 68/2016 // [Електронний ресурс]. – Режим доступу: http://zakon3.rada.gov.ua/laws/show/68/2016. among the reasons for the ineffectiveness of pub- 4. Про затвердження Порядку сприяння прове- lic consultations, first of all, is the reluctance of денню громадської експертизи діяльності органів the executive authorities to take into account the виконавчої влади: Постанова Кабінету Міністрів public offerings during consultations, the poor України від 12 травня 2015 р. № 976 // [Електронний quality of the proposals of this public, the lack of ресурс]. – Режим доступу: http://zakon3.rada.gov.ua/ proper information on consultations, corruption laws/show/976-2008-%D0%BF.

42 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION

5. Про забезпечення участі громадськості у фор- 6. Про проведення публічного громадського муванні та реалізації державної політики: Постанова обговорення системних соціально-економічних Кабінету Міністрів України від 29 травня 2015 р. реформ: Постанова Кабінету Міністрів України № 996 // [Електронний ресурс]. – Режим доступу: від 11 червня 2012 р. № 2311 // [Електронний http://zakon3.rada.gov.ua/laws/show/996-2010- ресурс]. – Режим доступу: http://zakon2.rada.gov.ua/ %D0%BF. laws/show/2311-2010-%D1%80.

43 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE DIRECTIONS FOR IMPROVEMENT OF ADMINISTRATIVE AND ORGANIZATIONAL REGULATION OF THE LAND MARKET IN UKRAINE

The main disadvantages of the administrative and organizational adjusting of the land market in Ukraine are named in the article. It is proposed to pass functions of Government service of Ukraine on issues of geodesy, cartography and cadaster on the order of agricultural state earth, functions of Naboka K.O. land management and some functions of control to the organs of local self-government, and function Postgraduate Student, of land protection – to the State inspection of agriculture of Ukraine. The functions, which are directly Senior Lecturer at the Department related to the competence of the State Geocadaster, are defined, and measures to improve the of Public Administration and Land procedure for registration of rights to land plots are proposed. Management Key words: administrative and organizational adjusting, land market, state supervision, land protec- of Classical Private University tion, State land cadaster, registration of rights to land plots.

Formulation of the problem. In the light of expertise of land survey documentation and reg- the intensification of the Government's actions istration of land plots remain unresolved. to implement the land reform, which is related to The purpose of the article. The purpose of the requirements of the International Monetary the article is to develop directions for improving Fund, the issue of administrative-organizational the administrative and organizational mechanism regulation of market relations in the field of land of land market regulation in Ukraine. Achievement relations becomes of some relevance. During of the purpose is conditioned by the following the long period of reform, a large number of dis- tasks: to define the administrative and organiza- orderly legislative and regulatory acts has been tional mechanism of regulation of the land market; accumulated, an extensive system of state bodies to indicate the main disadvantages of administra- has been created whose powers are not clearly tive and organizational regulation of the land mar- demarcated, and functions are in many cases ket based on the analysis of scientific publications duplicated; administrative services provided and analytical information; to propose measures to to owners and users of land plots do not corre- eliminate the identified shortcomings. spond to the level of provision of similar services Presenting main material. Administrative- in developed countries. organizational mechanism of land market regula- Analysis of recent research and publica- tion is a set of interrelated management methods tions. With the help of improving organizational that involve the use of administrative (permis- and administrative regulation of land relations, sions, prohibitions, licenses, state expertise, many domestic scientists are paying attention in administrative control, land ownership registra- their scientific research. Thus, the problems of tion, accreditation of land management special- optimal distribution of powers of state authorities ists) and organizational (the structure of public in the field of land relations were highlighted in authorities and management, land use planning, the works of A. Martin, A. Merzlyak, Yu. Khvesik, land management measures) impact tools. V. Shvets, and others. The questions of land man- The analysis of scientific publications and ana- agement are given by A. Martin, L. Novakovsky, lytical reports allowed to identify the following A. Tretiak. The directions of improvement of main disadvantages of administrative and organi- state supervision (control) in the field of land use zational regulation of the land market: an exten- are the subject of research by G. Atamanchuk, sive organizational structure and a wide range M. Baidyk, V. Boklag, M. Bohyry, T. Lozynskaya, of functions performed by the central executive P. Sabluk, A. Tretiak, V. Pakhomov. Problematic authority that implements state policy in the field issues of the process of state examination of land of land relations – the State Service of Ukraine for management documentation were considered by Geodesy, Cartography and Cadastre, which lim- O. Buratevich, M. Shishov, Y. Bicus, O. Stepaniuk. its the functions of management of local execu- Innovations in the field of land ownership regis- tive power and self-government; superficial and tration and related problems were considered by ineffective nature of control in the system of land O. Nikoluk, I. Syrota, S. Grink, M. Shulga, and relations management due to duplication of con- others. trol functions by various central executive bodies; Selection of previously unsettled parts of frequent changes in the rules and mechanisms of the general problem. Despite the significant legal relations regarding registration of land plots. number of publications on the identified problem, The State Service of Ukraine for Geodesy, the issue of clear separation of powers of state Cartography and Cadastre, which is the central authorities regarding the disposal of state (com- executive body that implements state policy in the munal) lands, ensuring transparent and effective field of land relations, has an excessive concentra- state supervision in the field of land relations, tion of power. Thus, the main directions of the ser- optimization of the processes of conducting state vice's activity are: systematization and streamlining

44 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION of data on the quantitative and qualitative charac- That is, there is a certain mismatch: the authority teristics of land that are introduced into the system to dispose of state lands is planned to be trans- of the State Cadastrecreation and development of ferred to the united territorial communities, and the national geospatial data infrastructure (geo- the State Geocadaster is improving the technol- graphical names, demarcation of the state border, ogy of conducting electronic land auctions. geodetic supervision, etc.); land management The transfer of state land outside the settle- and land protection, organization of planned and ments to communal property and the provision of unscheduled inspections for the purpose of exer- the authority to the united territorial communities cising state control over the use and protection of to dispose of them, in our opinion, should include: land; granting permits for removing and transfer- the organization and conduct of local government ring the fertile layer of soil; state examination of bodies of land trades; formation of rational land land management documentation; certification tenure; planning of territories development; pro- and maintenance of state registers of land sur- vision of ecological and economic optimization veyor engineers and survey engineers; provision of of land use; control compliance with the require- extracts from technical documentation on norma- ments specified in land management projects, tive monetary valuation of land plots; conducting as well as timely return of temporarily occupied land auctions; disposal of state-owned agricultural land plots and their intended use. Consequently, land; provision of administrative services; monitor- along with the powers of land administration to ing of land relations. local self-government bodies, some powers of Thus, the State Audit Office carries out orga- land management and state control should be nizational, controlling, performing, information transferred. Only under such conditions will the and analytical functions. We believe that the reform of decentralization of power be a logical implementation of organizational and supervisory extension, and the approximation of administra- functions is appropriate for a specialized central tive services to their consumers will contribute to executive body. However, the need and feasibility more efficient use of land. of other functions should be reviewed in order to The functions of the State Geocodarist on eliminate duplication and violations of the basic the protection of agricultural land have a cer- principles of governance. tain duplication with the functions of the State One of the most frequently mentioned in the Inspectorate for Agriculture of Ukraine (State scientific literature of the functions of the State Agricultural Inspection) in respect of compli- Geocodist, which creates certain contradictions ance with land legislation, use and protection of in its activities, is the right to dispose of agricul- land, and also in terms of soil fertility. Taking into tural land of state property. As the researchers account the specialization of the department, point out, this activity has the greatest corruption it would be expedient to transfer the functions potential, given that control functions are also of control by the State Agricultural-Agricultural performed by the State Geocodist. At the same Inspection under conditions of removal, preser- time, the State Geocodaster restricts the powers vation and use of the fertile soil layer; observance of the local executive authorities and self-govern- of the rules of exploitation of anti-erosion and ment as executing functions of the manager of hydrotechnical structures; preservation of pro- state property. tective plantings and landmarks; commissioning There are currently some progress in this direc- of objects that negatively affect the state of land; tion. The Association of Ukrainian Cities within the measures for the protection of lands from ero- framework of the PULS project has drafted a bill sion, landslides, flooding, waterlogging, saliniza- “On Amendments to Certain Legislative Acts of tion, salinity, drying, consolidation and other pro- Ukraine on the Authorization of United Territorial cesses that aggravate the state of the earth; the Communities to Dispose of State Owned Land order of compensation of losses of agricultural outside the Settlements and Transfer of Land Data and forestry production; change in the quality of to the Communal Property”, on the basis of which soil conditions; by holding enterprises to increase the Minregion has drafted a draft law [2], which fertility of soils. was approved by the Government on September Among the numerical functions of state 6, 2017. However, on the eve of June 21, 2017, supervision (control) performed by the State the Cabinet of Ministers of Ukraine approved the Geocodist, only those that correspond to the Pilot Implementation Procedure about the project specialization of the department should be left, on conducting electronic land deals [1], which namely: for the implementation of state registra- determines the mechanism for their implemen- tion and registration of land plots (keeping of the tation by the territorial authorities of the State State cadastre); by observing the requirements of Geocodraw during the exercise of powers regard- the legislation during the transfer of land to prop- ing the disposal of state-owned agricultural land. erty, lease, seizure, etc.; on compliance with the

45 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE subjects of land relations of land legislation and estate via the Internet and eliminates the need the procedure for the acquisition and realization for obtaining a paper ownership certificate. Real of the right to land. Also, the functions of control estate registration is carried out by notaries with- include the certification and conduct of the State out restrictions. On the one hand, the registration Geocodistre registers of engineers, land survey- procedure is greatly simplified. However, registra- ors and survey engineers; geodetic supervision; tion of rights to the land remains rather burden- conducting state expertise of technical land man- some for owners and users. agement documentation. So, to register the rights to the land, it is nec- The current system of land survey documen- essary to prepare a package of documents, which tation examination, as noted above, constitutes includes: an extract from the State Land Cadastre; a significant administrative barrier for obtain- copy and original of the applicant's passport; a ing rights to land plots by natural and legal per- copy and the original of the identification num- sons, in view of the fact that it involves conduct- ber; confirmation of payment of administrative ing a state expertise of the State Geocodist, as fee (0.1 amount of minimum wage, as of 2016 – well as checking technical documentation by 140 UAH); a contract of sale or donation, a court certified land surveyors and state-owned engi- decision, a certificate of inheritance, etc. The neers cadastral registrars. Taking into account application for registration of the right is printed the importance of conducting an examination to by the state registrar or notary and signed by the ensure compliance with the current land legisla- applicant on the spot. However, if the documents tion, the established standards, norms and rules, which are the basis for the occurrence, transition we consider it expedient to fulfill this function by or termination of the right of ownership contain the central executive body. In doing so, the need information on the cadastral number of the land, for inspections by land surveyor engineers and it is not necessary to submit an extract from the state cadastral registrars should be reviewed. State Land Cadastre [6]. The process of carrying out a state examina- Thus, the procedure for registration of rights tion of technical land management documenta- to a land plot is really simple, if this site is regis- tion, according to many experts, contains signifi- tered in the State inventory. The need for a double cant corruption risks. At the end of August 2016, registration will disappear upon the assignment the Cabinet of Ministers of Ukraine introduced an of all land plots of the cadastral number, that is, extra-territoriality of the approval of land man- 100% of the filling of the State Land Cadastre. As agement projects, which envisages the election of February 2017, filling the cadastre was almost of a territorial body of the State Geocodistor, 70% (Table 1). which would approve land management projects, Consequently, in order to improve the process using the electronic document flow of the depart- of registration of rights to land plots, it is neces- ment on an occasional basis [3]. Such an inno- sary to ensure the effective functioning of the vation undoubtedly contributes to the reduction State Land Cadastre and its information link with of corruption risks, the improvement of the skills the Register of Rights to Real Estate and other of experts, and is an essential basis for consoli- registers. This will allow you to register through a dating the performance of the expert function at notary, which is a simple procedure and consis- the structural divisions of the main departments tent with the practice of registration of property of the State Audit Office in the regions. rights of developed countries. According to the current legislation, in Ukraine Conclusions and suggestions. In accor- there are currently two systems of state registra- dance with the set tasks it is determined that: tion: land plots and rights to them. Starting from 1. Administrative-organizational mechanism of January 1, 2016, a new procedure for registration land market regulation is a set of interrelated man- of real estate has entered into force in Ukraine, agement methods that involve the use of admin- which provides confirmation of ownership of real istrative (permissions, prohibitions, licenses, state

Table 1 Completeness of registration of land as of 16.02.2017 State Land Cadastre Register of rights to real estate Indicator million hectares % million hectares % Total is registered 42,2 69,8 3,48 13,8 of them in state ownership 5,1 22,0 49,2 1,0 in private ownership 22,6 72,1 3,3 14,2 Source: [5]

46 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION expertise, administrative control, land ownership – ensuring the effective functioning of the registration, accreditation of land management State Land Cadastre and its information link with specialists) and organizational (the structure of the register of rights to real estate and other reg- public authorities and management, land use plan- isters in order to improve the process of registra- ning, land management measures) impact tools. tion of rights to land plots. 2. The main disadvantages of the administra- Prospects for further research in this direction tive and organizational regulation of the land mar- can be: the development of proposals for improv- ket are: an extensive organizational structure and ing the legal provision of structural transformations a wide range of functions performed by the State of the State Geocodraw, organizational design of Service of Ukraine for Geodesy, Cartography and new units of local self-government in connection Cadastre; superficial and ineffective nature of with the expansion of powers in the field of land control in the system of land relations manage- use, search for ways to optimize the processes of ment; frequent changes in the rules and mecha- filling the database of the State Land Cadastre. nisms of legal relations regarding registration of land plots. REFERENCES: 3. Measures to eliminate the identified short- 1. Порядок реалізації пілотного проекту з про- comings should be: ведення електронних земельних торгів: затв. поста- – delegation of powers to the State Geological новою Кабінету Міністрів України від 21 червня Survey of Ukraine with the disposal of state- 2017 р. № 688 URL: http://zakon2.rada.gov.ua/laws/ owned agricultural land and land outside settle- show/688-2017-п (дата звернення 27.09.2017). 2. Про внесення змін до деяких законодавчих ments, powers of land management (formation of актів України щодо надання повноважень об’єдна- rational land tenure, planning of development of ним територіальним громадам розпорядження зем- territories, provision of ecological and economic лями державної власності за межами населених optimization of land use) and state control (con- пунктів та передачу даних земель до комунальної trol of compliance with the requirements specified власності: проект Закону України. URL: https://www. in land management projects, timely returns tem- auc. org.ua/sites/default/files/proekt_zakonu1.08.17.pdf porarily occupied land plots and their intended (дата звернення 27.09.2017). use) to united territorial communities; 3. Тимчасовий порядок взаємодії між терито- – transferring the powers of the State ріальними органами Державної служби з питань Geocodistor on the protection of agricultural геодезії, картографії та кадастру на період реалізації пілотного проекту із запровадження принципу екс- lands in respect of compliance with land legisla- територіальності погодження проектів землеустрою tion and on soil fertility by the State Inspection of щодо відведення земельної ділянки територіальними Agriculture of Ukraine; органами Державної служби з питань геодезії, карто- – Assigning to the State Geocodistor func- графії та кадастру під час погодження проектів зем- tions of state supervision (control) for: realization леустрою щодо відведення земельної ділянки: затв. of state registration and registration of land plots постановою Кабінету Міністрів України від 31 серпня (maintenance of the State cadastre); compliance 2016 р. № 580 URL: http://zakon3.rada.gov.ua/laws/ with the requirements of the legislation during the show/580-2016-п (дата звернення 27.09.2017). transfer of land to property, lease, seizure, etc.; 4. Контроль за використанням землі: проміжні під- observance of the subjects of land relations of the сумки реалізації нових повноважень Держгеокадастру 15.06.2017. URL: http://land.gov.ua/ info/kontrol-za- land legislation and the procedure for acquiring vykorystanniam-zemli-promizhni-pidsumky-realizatsii- and realization of the right to land, as well as func- novykh-povnovazhen-derzhheokadastru/ (дата звер- tions for the certification and maintenance of reg- нення 26.09.2017). isters of land surveyors and engineers-surveyors; 5. Огляд стану земельних відносин в Україні. realization of geodetic supervision; conducting Випуск 27 лютого 2017 URL: http://land.gov.ua/ state expert examination of technical land man- wp-content/uploads/2017/03/Land-Review-Monthly_3_ agement documentation; final-1.pdf (дата звернення 28.09.2017).

47 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE STATE MANAGEMENT BY A SUCCESSFUL NATIONAL BRAND IN GLOBALIZATION CONDITIONS

The article substantiates that today national branding is one of the most effective tools for ensuring the competitiveness of the country. The creation of conditions for the development of a national brand identity is extremely relevant for Ukraine as well. It is proved that the creation and manage- ment of the brand of the state - the question of survival in the conditions of global competition of Sakun A.A., Tardaskyna T.N. open economies. A comprehensive assessment of the development of national branding in Ukraine Odessa National Academy is carried out. Enhanced conceptual model for building a successful national brand in a globalized of Communications environment. named after A.S. Popov Key words: state administration, national brand, globalization, regulation, brand identity.

Formulation of the problem. The formation financial instruments for implementing activities of a global economic system is characterized by to form a national brand. the transformation of forms and methods of com- For successful competition in the context of petition among all its subjects, primarily national globalization, countries need to create a brand economies. Unprecedented international mobil- of a modern format, whose markers should be ity of factors of production and intercultural uni- socially recognized in the national sense, an fication causes competition for both tangible and objective international assessment. The con- intangible resources, as well as business, invest- struction should be based on the principles of ment, livelihoods, recreation, sustainable and systemic, functional and institutional determi- safe development. New scientific and technolog- nacy, internal and external transparency. ical, economic, social and environmental chal- Purpose of the article. The main goal of this lenges require countries to properly position and article is a theoretical generalization of the prin- target their assets in global markets for goods, ciples and factors of the development of national services, finance, investment and innovation, and branding in the global economic system, as well create an internal and external positive image of as the rationale for practical recommendations the competitive brand. for the creation of a successful brand of Ukraine The modern development of the world eco- through public administration. nomic system greatly deepens the processes Statement of the main material. In modern of globalization, strengthens the role of devel- national branding, the state is not only an admin- oped national economies, activates competition istrative structure, but also a symbol of the past, between them. the present and the future. It is worth noting that Analysis of recent research and pub- today political values are perceived in the form of lications. Fundamental works of foreign and a brand, and advertising creativity has entered Ukrainian economists L. Antonyuk, O. Belorus, our social and political life. T. Kalchenko, Yu. Kozaka, D. Lukyanenko, An improved conceptual model for building a S. Lutsishin, V. Ya. A. Mozgovoy, E. Panchenko, successful national brand in the context of global- M. Porter, A. Bailiff, K. Prahalad, A. Rogach, ization is presented in Figure 1. The hypothesis is L. Rudenko-Sudareva, E. Savelieva, S. Sidenko, based on the presented conceptual model, where J. Soros, J. Stiglitz, J. Stolyarchuk, J. Thompson, successful national ownership is the key to creat- A. Filipenko, G. Hamel, A. Shvidanenko, V. Chaloy ing competitive advantages in the world markets and others. for goods and services. Allocation of previously unresolved parts In the context of globalization, the criteria for of a common problem. The problem of devel- evaluating the brand policy of the state often oping a successful national brand in the context emphasize the principles and tools of advertising of the globalization of economic development, as communications, emotional branding, and the a strategy for creating and maintaining the image competition of countries is largely transformed of the state, is vectorally actualized due to, first of into a competition between their brands. On the all, the serious changes taking place in our soci- other hand, the state brand begins to play an ety under the influence of the information revolu- important role in the formation of its policy, espe- tion, which implies qualitatively different models cially in the sphere of public government. of world rivalry. The first block provides for the formation of The state is the only full-fledged entity capable a strategy based on the national doctrine and of forming a balanced strategy for the develop- national idea, its implementation through the ment of the national brand, which determines the state program. The functional block is based lack of motivation to form a national brand on the on the involvement of all stakeholders (national, part of enterprises and households, the absence private, public) with the coordination of their in the latter of the proper scale of activities and efforts in assessing the national identity, creat-

48 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION

National Branding Target block

National idea (mission) National Doctrine

Strategy

Parameters: political, economic, Components: political choice, quality of life, social, historical, cultural human capital, culture, government, business

Government program

Organization Planning Financing

Координация и контроль

Functional block Стейкхолдеры

Public Private National (official)

Motivation and coordination of actions

Motivation and Creating a brand identity Development of the image coordination of actions of the country

Executive Unit

Reputation Management

Marketing activity Diplomatic activity

 Global tools:  international ratings and indexes;  reports / reviews of international research institutes and organizations;  representation in international organizations

Competitive advantages in global markets Figure 1. The conceptual model of building a successful national brand in the context of globalization

49 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE ing a brand identity, developing the image of the – private (corporations, professional associa- country. tions, experts); The executive unit is to effectively manage the – national (official), state (profile ministries, reputation based on the established national idea state corporations), city-leaders (local govern- and the national doctrine of global instruments ments). for evaluating the national brand, including inter- It is the research and stimulation of their national indices and ratings, reviews of interna- motivations, as well as targeted coordination of tional research institutes, representation in inter- actions that can ensure the consistent implemen- national organizations. tation of tasks: a) assessment of national identity; In order to oblige enterprises and households b) creation of brand identity; c) developing the to take measures to form a national brand, the image of the country. government develops a concept, strategy and In the global brand environment, the man- corresponding state program, including a system agement of the country's reputation provides for of measures for organizing, planning, financing, active marketing and diplomatic activities, and in coordinating and controlling. At the same time, part – require special research. And in the mean- the subjects and directions of the implementation time, the established competitive advantages in of the strategy and its assessment, categorical world markets are provided primarily by global definitions in each country may differ, because instruments that can be grouped together: the national brand is a unique system of con- – international ratings and indexes; cepts, it can not be duplicated in another society – reports / reviews of international research by using the same categories and methods of institutes and organizations; implementation [1]. – representation in international organizations. Special attention in the conditions of formation In the context of globalization, the implemen- of the knowledge economy deserve educational tation of a system of measures to build a success- institutions, which in any country are an intellec- ful national brand is determined precisely through tual visiting card for foreign citizens and organi- a system of international institutions that, on the zations, therefore, in order to build a successful one hand, assess the effectiveness of the brand, national brand in the context of globalization, it is and on the other, provide additional opportuni- proposed to allocate and promote rating educa- ties for citizens and organizations in the form of tional institutions. With proper organization, this preferences in migration, customs, financial and will make it possible to make effective use of pub- other spheres. lic funding, avoid its dispersion and ensure that To date, there are a large number of organiza- the appropriate measures are taken to develop tions that carry out a variety of branding ranking, the national economy on the basis of a successful so to form a clearer idea of them, we suggest four and democratic society. groups, namely: With a comprehensive approach, the results of – research organizations; the implementation of such projects are purpose- – international organizations (UN, UNESCO, fully synthesized to strengthen the brand, develop IMF, etc.); a positive image of the country as a set of success- – rating agencies; ful organizations. Thus, it is expedient to form a – news agencies. register of enterprises and organizations that gen- One of the most influential today is the com- erate the brand of the national economy. This will, petitiveness rating, which is being developed by first of all, focus on specific facilities with subse- the Institute for Management Development (IMD, quent monitoring and evaluation of the effective- Switzerland). When compiling this rating, the ness of planned and implemented activities. achievements of countries in four groups of com- The brand-parameters (political, economic, petitiveness factors are assessed, in particular: 1) social, historical, cultural) and brand-compo- economic indicators; 2) the effectiveness of the nents (political choice, quality of life, human cap- government; 3) business efficiency and 4) infra- ital, culture, government, business, resources, structure [3]. economic, social, historical, cultural) are the con- The difference of this rating lies in the fact ceptual basis for integrating the goal-oriented, that it analyzes the indicators for most developed functional and executive blocks of the proposed countries (now the information is analyzed for 59 model. goods, investments, currency, infrastruc- countries). This allows us not to distort the rating ture, tourism) [2]. indicators, as happens when comparing highly In the functional block of the proposed model, developed economies with the economies of the key stakeholders are positioned: least developed countries of the world. – public (population, public organizations, In the proposed model of building a success- leaders, individuals); ful brand of Ukraine, the stages are distributed as

50 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION follows: macroanalysis, microanalysis and imple- political forces and fear of corrupt relations that mentation, which corresponds to the approaches may arise in the process of creating a national of the marketing and consulting company Brand branding strategy. Finance. Assessment of national identity primar- As we see, branding of Ukraine requires an ily involves a macro analysis of perceptions and honest and legal basis, ensuring maximum trans- directions of self-identification of the population, parency and attracting all stakeholders and stake- responsible for which are national stakeholders. holders. The emphasis should be on the goals At this stage, it is expedient to conduct research and objectives of brand-activity, reflecting and on the political, social, economic, cultural and his- protecting the interests, expectations and wishes torical parameters of the functioning of the state. of residents and citizens of the country. In addi- The construction of a national brand iden- tion, creating a national brand, it is necessary to tity belongs to a more detailed microanalysis take into account the real image of Ukraine, which of factors when the main burden falls on a par- causes today both positive and negative internal ticular category of stakeholders. The process and external associations. In addition, attention of developing the country's image on the basis should be paid to respecting the ethical aspects of self-identification and national brand identity of transparency and integrity of brand building consolidates the public stakeholder group. At in order to fully ensure the appointment of the the same time, the country's progress is inex- country's brand, namely, to strengthen compet- tricably linked to the national doctrine, products itive positions, improve reputation and create and services that the country provides, the polit- conditions for successful economic, political and ical choice of the population and its vision of a socio-cultural functioning. national branding strategy. Conclusions and offers. Thus, each of the REFERENCES: above components of the national identity, pro- 1. Анатомия бренда // Forbes Украина posed by different categories of stakeholders, [Электронный ресурс]. – Режим доступа: http://forbes. was interpreted to create a powerful national ua/magazine/forbes/1350032-anatomiya-brenda brand identity of Ukraine. The study demonstrated 2. Бренд «Україна» – Концепція бренду a clear difference between the national and the «України» [Електронний ресурс]. – Режим доступу: http://brandukraine.org/r/ public stakeholder levels, where the latter relate 3. Котлер Ф. Стратегический менеджмент. to non-governmental organizations and citizens; Лучшие приемы и методы / Ф. Котлер, Р. Бергер, this may be caused by a lack of confidence in the Н. Бикхофф – М.: Альпина Паблишер, 2012. – 144 с.

51 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE SECTION 3 PUBLIC SERVICE

CONSIDERING THE POTENTIAL OF INSTINCTIVE CITIZENS IN PUBLIC ADMINISTRATION

This article examines study of the instinctive human potential in public administration. We character- ize instinctive manifestations of human behavior that are important to know and respect in the public service. We analyzed susceptibility to type of public servant. We consider governance of the system Varunkiv L.V. approach. Emphasized on account of instinctual manifestations in the public service. Postgraduate Student Key words: the public administration, a systematic approach, instinct, human behavior, system of of National University “Lviv Polytechnic” administration.

Problem statement and its connection with attention on the consideration of the innate human the most important scientific or practical tasks. features (in our case, instincts and inclinations to Improvement of the civil service can be achieved a certain type of activity) in the system of public in many ways. Given that in the system of civil administration, which requires additional research. service decisions are made and implemented The purpose of the paper is to study and by people, then we will consider a person as an take into account such innate characteristics of object and a subject of public administration. a person as instincts and inclinations to a certain A person inherits many births at birth, such as: type of activity in the system of public adminis- blood group, skin color, hair, voice, innovative tration. potential, instincts, energy potential, etc. Presentation of the main research mate- In search of ways to increase the effective- rial. Public administration in human society is the ness of the public administration, more and more organizing, steering, coordinating and controlling researchers are paying attention to non-tradi- influence, the act of the subject of state adminis- tional spheres, in particular on processes that are tration on the object [4 c. 5,6]. not understood by man, including – on instincts Human management implies the relation of that have a serious effect on human motivation. “man-man”. This is social management. Its kind An analysis of recent research and pub- is state administration, which is carried out by the lications, which initiated the solution to the prob- state through the system of its bodies. lems of improving productivity in the civil service, Describing public administration, it is neces- taking into account the qualities of people. sary first of all to note that this is a subordinate First of all, it is necessary to note the general activity of the executive authorities, aimed at the considerations of such prominent personalities practical organization of the normal life of society as: H.A. Berdyaev, VI Vernadsky, L.N. Gumilev, and ensuring personal safety of citizens, creating A. Kamyu, S. Kierkegaard, C. Lombroso, conditions for their material, cultural and state N. Machiavelli, F. Nietzsche, P. P. Florensky, development [4 c. 6]. A. Schopenhauer, K. Jaspers. The state is a complex socioeconomic system Problems of taking into account human poten- that needs its own management system and per- tial are related to the researches of such scholars as sonnel with the necessary knowledge, skills and K. Baxter, J.-M. Denken, K. Doych, M. Dyuverge, abilities. C. Lawrence, S. Meinalvar, C. Morris, F. Roorder, The kernel of the state as a system consists of L. Sanisteban, M. Seyward, S. Huntington, 4 elements: J. Schumpeter and others. 1. The government, which in turn consists In Ukraine and in the post-Soviet space, of three independent branches of state power: names are well-known and modern schol- executive, legislative and judicial. ars such as E. Afonin, A. Bilous, Y. Borisov, 2. Citizens who perform the function of public V. Garbuzov, V. Gorbatenko, O. Donchenko, administration at all levels, that is, managers. O. Zlobina, O. Kategorenko, I. Kuras, B..Novak, 3. Citizens, a people who, in accordance with V. Rekbalo, O.V. Radchenko, O. Solovyov, A.I. Fet, the Constitution of Ukraine, are the bearer of sov- B. Tsymbalisty, O. Cheshhit, Y. Smeshuchenko ereignty and the sole source of power. and others. 4. Resources, it's worth remembering that The identification of previously unset- resources are limited and needs are constantly tled parts of the general problem is to focus growing [9, p.4].

52 Issue 1. 2017  THEORY MECHANISMSAND HISTORY OF PUBLIC ADMINISTRATION

This is a very generalized scheme of the state interconnections of its parts, including the links as a system. Each of the elements can be detailed with the more general whole, the subsystem and supplemented by other elements. But since of which it acts); system-component (analysis public administration is to a certain extent guided of its composition, quantitative and qualitative by a person, then this scheme is enough to characteristics of components, their coordi- achieve our goal. nation and subordination); system-functional One of the most significant tendencies of (identification of its main functions as a whole); recent decades is the development and improve- systemic genetic (determination of the source ment of public administration in system positions. of its origin and formation); appraisal-paramet- At the beginning of the XX century. ric (characteristic of the current state of the O. Bogdanov clearly defined the idea of a sys- social system); Evolutionary forecasting (identi- tematic approach, which he called “organiza- fication of trends and prospects for its develop- tional point of view”, to analyze any phenome- ment and transition to a qualitatively new level); non. He wrote that taking an organizational point social-value (the discovery of the structure of of view means to study any system in terms of socially significant values, norms and relations) relations, as all its parts, and its relations as [5, p.38-39]. a whole with the environment, that is, with all Any system (in our case, a state) can be con- external systems [8, p.59]. sidered in the unity of two subsystems: from an Particularly relevant was the use of a system- entity that can be represented by an official who atic approach to the study of social phenomena accepts and approves managerial decisions; and problems. This approach consists in the syn- as well as from the object of public administra- thesis, that is, in the combination of parts, the tion. The object of public administration may detection of system properties that are inherent be society as a whole, a team, an individual, in the whole system. Combining elements into a etc., which are directed control influences and single whole allows the system to perform a cer- according to which is controlled by the subject tain function in the supersystem, with the imple- of management. mentation of synthesis. The state is a form of organization of people Thus, the process of knowing complex sys- united to solve common problems. Important sci- tems consists in the dialectical unity of the appli- entific and practical tasks that are increasingly cation of analysis and synthesis procedures [6, facing the society of any state, lead to the need p.73]. It is a systematic approach that combines to create such an algorithm of public administra- these methods. The effectiveness of the sys- tion that would allow the effect of joint activities of tem approach depends on the nature of the sys- communities and institutions of different forms of tem-wide regularities that establish a connection ownership. between system parameters. The specificity of such forms of socio-eco- The system approach allows you to analyze nomic relations should be shaped in view of the the problem or synthesize the desired object, fact that people are driven not only by conscious aimed at achieving a certain goal, in the unity of forces, but also by unconscious factors, in par- all its components that continuously interact with ticular the instincts that create unconscious each other and with the external environment. motivation. He considers an organization as an open system We must take into account that a person is consisting of a certain number of interconnected born with: subsystems. The advantage of using the system Anatomical-physiological structure, which approach is that it allows one to consider state reflects the species characteristics of the individ- administration in the unity of its components, ual as a representative of the human race (Homo which are inextricably linked with the external sapiens): the features of language, orientation, environment [9, p.13]. thinking, work activity; The application of a systematic approach in physical data: external racial features, pecu- public administration provides a guaranteed level liarities of physique, constitution, facial features, of security of the individual, society and the state, color of hair, eyes, skin; ie, priority national interests. [2, p. 4]. And here we physiological features: metabolism, blood can talk about using a system-holistic approach. pressure and blood group, stages of maturation The main methods of this approach in the of the organism; study of a holistic social system (person, social features of the nervous system: the structure group and society) are: system-integrative (the of the cerebral cortex and its peripheral devices, allocation of main integrative quality, ensuring the peculiarity of the nervous processes, which its integrity); system-structural (disclosure of determines the nature and certain type of higher the specifics of its internal organization and the nervous activity; instincts.

53 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE Congenital factors are numerous and they can Consequently, the interest in the system of not all be taken into account, so we restrict our- human instincts in the system of public adminis- selves only to instincts and a tendency to certain tration is entirely justified. types of activity of certain. Instincts, like other congenital factors, also To date, there are numerous data relevant to affect the person's professional predisposition. In the problems raised. this case, it is advisable to mention the six types Thus, for example, N. Machiavelli, analyzing of inclinations to certain professional activities, the motivation, paid attention to the image of according to J. Goland (realistic, intellectual, a leader-ruler, who by various means achieves entrepreneurial, social, artistic and office), which political goals, and F. Nietzsche, solidariating are also congenital factors. with N. Machiavelli, argued that the leader has We conducted research on the basis of “Lviv the right to ignore morality, and the desire of man Polytechnic” during 2012-2015, using the tech- to Leadership is a manifestation of its “creative niques of V.I. Garbuzov (for the analysis of instincts), instinct.” [3, p. 36]. J. Holland (for the analysis of inclinations to differ- However, none of them mentions the quality ent types of activities), methods of questioning and that is unconscious and influences decision-mak- observation. In total, more than 600 respondents ing and the creation of the motive for the realiza- were studied, including students, graduate stu- tion of one or another activity. dents and teachers, industry workers. Processing Today, it is universally acknowledged that of the received data was carried out by the methods a person is born with a set of instincts of the of mathematical-statistical analysis with the use of nature that they use in their actions and prefer- the computer package SPSS (version 20.0). ences. The instincts subconsciously “prompt” The processing of results confirmed the exis- how to act and play an important role in the life tence of significant correlations, which confirms of the individual, since conscious thinking and the feasibility of the research. will in their deepest sense are largely directed In particular, some interconnections have been by them. established: Therefore, there are every reason to believe • The variable “Egoffinal instinct” correlates that instincts can influence human activity in the with the variable “Dominant instinct”, which is direction of increasing its effectiveness, and in moderate (r = 0,301 **) at the level of high sta- the opposite. tistical significance (p≤0,01). Consequently, the The given data do not exhaust the information more human is developed egophilic instinct, the list of works in this direction. It is also worthwhile more it focuses on success, prone to careerism, to mention scientific developments in the direc- has high leadership and organizational skills. tion of research on the influence of instincts, per- • The variable “Realistic type of activity” cor- formed by famous specialists A.I. Feot [7, p.5] relates with the variable “Social type of activity”, and V. I. Pervazovym. which is a moderate, feedback (r = -0.483 **) As A. Fet noted, “in human nature there is the at a high statistical significance level (р≤0,01). most ancient layer determined by instincts, that Consequently, the higher the rights of a person is, genetic heredity.” have a realistic type of activity: people of a real- Each instinct is triggered by its own releasers, istic type are more willing to do what they say, which include it, but which for the most part are they are persistent and confident in their work, unknown to us and operate even in the absence prefer clear and concrete instructions, the lower of any visible motive [7, p.5]. developed social type of activity: they are char- In turn, V. I. Garbuzov analyzing, the system acterized by good linguistic development, lively of instincts united them into seven major groups: facial expressions, interest in people, readiness self-preservation, continuation of the genus, to come to the rescue. And vice versa. This is due altruistic, research, domination, freedom and to the fact that these types of professional activi- preservation of dignity. ties are opposite to each other. Let's also note the fact that instincts and risk • The variable “Research Instinct” correlates are closely linked. It is the predisposition to risk with the variable “Social type of activity”, which is instinctively inherent in highly organized liv- a weak link (r = 0,301 *) at the level of statistical ing organisms, in particular people. It allows for significance (р≤0,05). Consequently, if a person the development of human civilization, to make has a pronounced tendency to research, to find new discoveries, to initiate and implement vari- a new one, selfless in the realization of creative ous innovations. Similarly, the propensity to risk directions, inquisitive, there is a probability that allows the state to develop and in most cases she has a good linguistic development, lively adequately respond to the demands of a society facial expression, interest in people, and willing- that is also developing [1, p.4]. ness to come to the aid.

54 Issue 1. 2017  THEORY AND HISTORY OF PUBLIC ADMINISTRATION PUBLIC SERVICE

It should be noted that our research also took According to the method of V. I. Pervozov, the into account the energy potential of the human level of instincts is determined on the basis of a analytical method. And they discovered some five-point scale. correlations. It must be remembered that the composition • The variable “Energy potential” correlates of the components of these subsets of instincts with the variable “Altruistic instinct, which is mod- in each particular case may change, because erate (r = 0,285 **) at a high statistical signifi- when the program of human activity and its tasks cance level (p≤0,01). So, one can expect that the change, the same instincts can increase the gen- human has a greater energy potential, the more eral motivation to this, can decrease, but may be a person is altruistic, cares about the interests of neutral! others and the interests of the case, forgetting These professions according to J. Holland's about themselves. method belong to the social type, and they are • The variable “Energy potential” correlates characterized by work with people, which involves with the variable “Realistic type of activity”, which the ability to understand the behavior of people is a weak link (r = 0,206 *) at the level of statisti- and teach others. Job requires constant personal cal significance (р≤0,05). So, as a person has a communication with people. greater energy potential, the better the person According to the above, a civil servant imple- expressed the following qualities, such as: the ments a social type of activity, which is character- desire to do more than speak, perseverance and ized by good linguistic development, lively facial self-confidence, in work – giving preferences expressions, interest in people, and willingness to clear and specific guidance. come to the aid. Thus, for different types of professional activity So, proceeding from the above, for each pro- in the system of public administration, it would be fession (even those belonging to one type of expedient to consider as possible manifestations activity), a specific set of instinctive manifesta- of instinctive motivation of officials, and to take tions is required. into account the innate propensity of people to Conclusions and perspectives of further different types of activity. research. According to the results of the research, As an example, according to the results of it can be concluded that knowledge of the level of the research, it would be advisable to take into innate factors (in particular, instincts and predispo- account the level of “instinctive presence” for sitions to various types of work) for the employees such professions as a politician and teacher of the public administration system is very import- (Figures 1 and 2) when professionalising. ant, since using such information the public ser- The set of instincts always consists, in the vant can improve the efficiency of his activity. general case, of three subsets: those that form a Thus, using a system approach, it is better to “facilitating” motivation, those that form a “brake” analyze problems, to synthesize the necessary motivation, and those that in each particular case control objects, and to achieve the goal, in the are neutral. unity of all components that continuously interact As a result of the research, we created a teach- with each other, as well as with the external envi- er's averages and policies. ronment.

Instinctive potential of the teacher Instinctive Potential Policy 6 6

5 5

4 4

3 3

2 2

1 1 0 0 1 2 3 4 5 6 7 1 2 3 4 5 6 7

Fig. 1 – The general view of the distribution Fig. 2 -The general view of the distribution of instinct levels for the teacher's profession of instinct levels for a profession is a policy (where, 1-egophile instinct, 2-genofile (where, 1-egophile instinct, 2-genofile instinct, 3-altruistic instinct, 4-research instinct, 3-altruistic instinct, 4-research instinct, 5-dominant instinct, 6-dignified fetal instinct, 5-dominant instinct, 6-dignotophilic instinct, 7-lipophilic instinct) instinct, 7-lipophilic instinct).

55 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE

REFERENCES: активных студентов г. Томска: системно-целостный 1. Качинський А.Б., Кальниш Ю.Г. Сучасні полі- поход// Философия. Социология. Политология.: тико-управлінські концепти стратегічного розвитку // Вестник Томского государственного университета – Актуальні проблеми внутрішньої політики: Наук. журн.: Томск, 2013. – № 1 (21) – 43 c. Дод. до Вісн. НАДУ / Ред. кол. під кер. О.О. Рафальського. – 6. Скуратівський В. А. Соціальні системи К.: Вид-во НАДУ, 2004. – Вип. 2. – 66 c. та соціологічні методи дослідження : навч. 2. Мельник Л. Г. Фундаментальные основы разви- посіб. / В. А. Скуратівський, М. Ф. Шевченко. – К. : тия. – Сумы: «Университетская книга», 2003. – 288 с. Вид-во УАДУ, 1998 – 200 с. 3. Новаченко Т. В. Архетипова парадигма 7. Фет А.И. Инстинкт и социальное поведение./ керівника в державному управлінні : монографія / А.И. Фет – Новосибирск: ИД «Сова», -2008. – 34с. Т. В. Новаченко; за наук. ред. Е. А. Афоніна ; Національна 8. Фоміцька Н. В. Теорія систем для менедже- академія державного управління при Президентові рів : навч. посіб. / Н. В. Фоміцька, В. В. Єганов. – Х. : України ; Українське товариство сприяння соціальним Вид-во ХарРІ НАДУ «Магістр», 2013. – 248 с. інноваціям. – Ніжин-Київ : Видавець Лисенко М. М., 9. Чернов С.І. Текст лекцій з дисципліни 2013. – 320 с. «Державне та регіональне управління» (для 4. Нижник Н.Р. Системний підхід в організації студентів 2 курсу напряму підготовки 6.030601 державного управління: Навч.посіб. /Н.Р. Нижник, «Менеджмент» денної форми навчання) / О. Машков. – К.: Вид-во УАДУ, 1998- 160 с. С.І. Чернов, М.М. Новікова, С.О. Гайдученко; Харк. 5. Орлова В.В., Ларионова А.В. Особенности нац. ун-т міськ. госп-ва ім. О. М. Бекетова. – Х.: структуры личностного потенциала инновационно ХНУМГ, 2014. – 140c.

56 Issue 1. 2017  THEORY AND HISTORY OF PUBLIC LOCAL ADMINISTRATION GOVERNMENT SECTION 4 LOCAL GOVERNMENT

CHARACTERISTICS OF THE LOCAL SELF-GOVERNMENT MODEL OF FRANCE: EXPERIENCE FOR UKRAINE

In this article the essence of concept "the model of local self-government" and the relationship between categories "model" and "system" of local self-government were analyzed, the characteristic Feloniuk T.A. of the current system of local self-government in the French Republic was performed. Based on the Postgraduate Student of the Department experience of governance gained by France, the main directions of development of local self-gov- of State Construction ernment in Ukraine were proposed. of Yaroslav Mudryi National Law Key words: continental model, administrative and territorial unit, region, department, commune, University decentralization.

Formulation of the problem. The princi- active process of decentralization of state power ple of local self-government is one of the most in the post-totalitarian world. The degree of effec- important features of any democratic state. It tiveness of local self-government acts as one of is enshrined in the European Charter of Local the defining criteria for the democratic system Self-Government, the Universal Declaration of of the political system. Already there are many Local Self-Government and other international studies of the comparative nature of the model instruments. Each European country, based of local government in France. However, for the on its historical, social, cultural and economic most part, they are reduced to the analysis of the development, has created its own model of local transformation of self-government in the post-to- self-government with a distinctive mechanism talitarian period or general description without for the formation of local government bodies. significant comparative legal analysis. The Council of Europe has developed certain The purpose of this article is to analyze standards for organization and management in the essence of the concept of “model of local the field, which has become a unifying factor for self-government”, the relation between catego- the European model of local self-government. ries of “model” and “system” of local self-gov- By joining the European Charter, each state has ernment, as well as study the peculiarities of the committed itself to comply with all European organization of the activities of municipal authori- standards, but has the right to form a national ties in France and the possibility of using its posi- self-governance model based on its own needs tive experience in Ukraine. and traditions. Presenting main material. Analyzing the One of these European countries is the French municipal systems of foreign countries, we can Republic, which has formed a capable and effec- conclude that there are many different models tive model of local self-governance, has accumu- in the world. They differ significantly from each lated a legal base on these issues. Such experi- other in relation to the principles of the formation ence is extremely important for its analysis at the of local self-government bodies, the nature of present stage of development of local self-gov- the relationship between local self-government ernment in Ukraine, when a new model of local bodies and state authorities, and the forms of self-government is being built in the process of interaction between representative and execu- reforms. tive and regulatory bodies in the system of local Analysis of recent research and publi- self-government. cations. Some aspects of this problem were the From a theoretical point of view, the model subject of research by both domestic and foreign (french modèle, ref. Modulus – “measure, analog, scientists: P.M. Lyubchenko [1], O.V. Batanova sample”) is a system of interrelated elements, the and VM Campo [2], AF Tkachuk [3], V.E. Chirkina study of which serves as a means for obtaining [4], MO Yemelyanova [5], VI Fadeeva [6], information about another system or subsystem; O.V. Antonova [7] and others. this is a simplified representation of the real ' the Selection of previously unsettled parts object and / or processes that occur therein. of the general problem. The research of the The scientific literature formulates many model of local self-government of the French approaches to the definition of local government Republic today is relevant both from a theoretical models. Yes, VG Shustov defines such a model as and a practical point of view. The significance of “a system of interconnections between local gov- the study is due to the fact that today there is an ernments, between local and state authorities,

57 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE their interaction with democratic institutions, the self-government differ in their specific charac- independence and responsibility of all these enti- teristics within the framework of the correspond- ties in the general system of public authority” [8, ing system. We believe that this approach quite p.256 ] In turn, II Ovchinnikov defines the mod- organically combines the general understanding els of local self-government as its form, “claim- of the model with the specifics of the subject of ing a specific isolation, revealing its specificity, municipal law, forms an adequate representation the distinction from other forms by a complex of of this phenomenon and is quite convenient for essential, functional, organizational, structural, legal science. material, financial, and other characteristics” The Anglo-Saxon model is predominantly dis- [9, p.67]. Instead, I.S. Under the model of local tributed in countries with the same legal system: self-government, Szébetoun understands “the Great Britain, USA, Canada, India, Australia, New form of organization of local government, which Zealand, etc. The basic principle of this system embodies all the most essential characteristics of “to act independently within the limits of the given various municipal systems and acts as their typi- powers”. Elected bodies of local self-government cal representative” [10, p.72]. within the limits of the law, custom, the estab- The heterogeneity of the evaluation criteria lished practice, judicial precedent independently generates various classifications of local govern- and under their responsibility solve the issues ment models. Worldwide practice provides a huge that are not within the competence of the state. variety of organizational and policy decisions in State regulation may be carried out indirectly, for the area of local governance. At the same time, example, by adopting standard laws that local quite often, models of local self-government are governments may introduce in their territory with identified with its systems. changes. State control over the activities of local Yes, a team of authors under the guidance of self-government bodies is carried out in the form AB Strashana distinguishes between only two of judicial control. Means of the same effect are main systems of a democratic organization of state subsidies. power on the ground – Anglo-American and The continental model is common in the coun- European. In turn, I.D. Sanachev, in fact, speak- tries of continental Europe (France, Italy, Spain, ing about the same organizational and legal phe- Belgium) and in most countries of Latin America, nomena, calls them “models of local self-govern- the Middle East, French-speaking Africa. This ment” [11, p.180] – respectively, Anglo-Saxon model is characterized by the following main fea- and continental. tures: first, the combination of local self-govern- V. Koritska believes that in Europe two main ment and local administrations (local government models of local self-government have been bodies), election and appointment; a certain formed, which in one or another combination hierarchy of a management system in which local spread throughout the world – Anglo-Saxon and self-government is a lower-ranking link compared continental [12]. to a higher-ranking state; and secondly, the lim- However, before moving on to the character- ited autonomy of local self-government; the pres- istics of these models, in our view, it is necessary ence on the ground of special state officials who to analyze the categories “local government” and control the local self-government bodies. “local government”, which are often used as syn- Considering the experience of the organization onyms. They should be delimited. of local government in the countries of continen- Under the system of local self-government tal law, it can be argued that this model involves should mean the external manifestation of the a certain limitation of local self-government and system-structural organization of the munici- provides greater control and centralization of the pal government, which is the most significant of management system, “French local government its legal characteristics. In other words, the sys- … always characterized by a solid hierarchy and tem of local self-government on the peculiari- subordination of central government” [13, p.101 ] ties of system-structural construction deserves So, to understand what structural elements a generic isolation. Classification of local gov- and positive experiences of the local government ernment systems in foreign countries should be of France absorbed the Ukrainian model, let us based on the peculiarities of the system of local dwell on its characteristics. self-government bodies, the order of their forma- The system of local authorities in France is tion and the nature of the relationship between based on the administrative-territorial division, these bodies among themselves and with the which in the 80's of the last century was radically authorities of other power subsystems. Models of reformed through the adoption of laws on decen- the same local government should be considered tralization. within the framework of the system as its spe- The constituent parts of the administrative-ter- cific varieties. In other words, the models of local ritorial structure of France are (from the bottom

58 Issue 1. 2017  THEORY AND HISTORY OF PUBLIC ADMINISTRATION PUBLIC SERVICE up): the commune, the canton, the district, the of the head (first of all, this normative decision) department and the region. At the same time, must be passed to the prefect before their entry the Canton and the district have no elected gov- into force. ernment and self-government, but are territories The regional prefect, while remaining the pre- within which certain special administrative bodies fect of the main department of the district, com- operate. Circles are controlled by a suprefect that bines the function of a state representative in the is assigned from above. Cantons are historical region and a state representative in the depart- and geographical units and are used as constitu- ment. He directly represents the president and encies for elections to the board of departments. the French government in the region. By this he Territorial self-governing groups in France, represents a plenipotentiary representative of all with elected bodies of self-government, are central bodies of state executive power. regions, departments and communes. The regional prefect has not only control or Traditionally, the main unit of the administra- representative powers, but also has enough com- tive-territorial division of France is the depart- petence to address the issues of socio-economic ment. Since 1965, in the metropolitan area, there development and the arrangement of the territory are 96, including Paris. In order to solve the cur- of the entire region. He carries out public policy rent economic and social problems, the depart- at this level and plays a major role in planning the ment proved to be an ineffective low-power unit, development of the region and the distribution of which led to the adoption on March 2, 1982 of public investment provided by the region by the the Decentralization Act, according to which the state or in which there is a state share. metropolis was divided into 22 regions (regions) A very important and positive moment in covering several departments (from 3 to 5) [14 organizing the life of the region is the possibil- ] The region became the main territorial unit in ity of a contractual (coordinated) distribution of which the most important economic and social subordinated services between the head of the development programs are implemented. The regional council and the prefect. This avoids regions have their own budget, they develop their duplication in work and reduces the probability own plans for economic and social development, of contradictions between the prefect and the as well as the arrangement of the territory and head of the council. infrastructure development. Since the prefect is the representative of all The main representative body of the region is ministers in the region, he has significant powers a regional council whose members are elected in direct management of the local services of the by general and direct elections in a proportional central ministries and departments. electoral system. The Council elects a chair- Thus, the prefect may be entrusted with pow- man who acts at the same time as the executive ers that the ministers would like to convey to the branch of the region. The powers of the chairman bodies representing the central state administra- are quite large: he prepares draft decisions of the tion at the regional level. Due to this, the prefect regional council, including the draft budget of is, in principle, the only administrative authority in the region, convenes the council and presides at the region that can make decisions on behalf of its meetings, executes the decision taken by the the state. council, manages the financial resources of the The department in France is the second level region, manages the work of regional services of the administrative-territorial system in which and is the administrative head of all staff of admin- two bodies work in parallel: the general council, istrative bodies region, appoints administrators of as a body of self-government and the prefect, the region's administrative services and imposes as a body of state power. The General Council administrative penalties. from among its members elects the chairman of The regional prefect carries out control over the council, which at the same time is also the the legality of decisions of the regional council. head of the executive body of the department. Decisions of the regional council, prior to their By the general principle, the competence of the entry into force, shall be obligatory submitted General Council includes the right to resolve all to the commissar of the republic. In the event matters that fall within the competence of the that he considers such a decision illegal in form department and are not within the competence or in essence, he shall refer it to the administra- of other departments of the department, for tive court, which decides on the merits, ie either example: provision of social assistance, caring declares it illegal or vice versa, decides on the for incapacitated persons, protection of chil- legality of the decision of the regional council. dren's rights and maternity, maintenance of The regional prefect also controls the legit- local roads, organization of transport provision imacy of the decisions of the chairman of the of schoolchildren, support for the functioning of regional council. The most important decisions colleges and primary schools, etc. [15].

59 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE In the case of the chairman of the Regional offense, ensuring the promulgation of laws and Council, he prepares and holds meetings of the other normative acts of the state, monitoring their General Council, is the manager of the depart- implementation, the issuance of various certifi- ment's expenses and makes a decree on receipt cates and licenses, etc. of departmental income, is the head of depart- As a commune's representative, the mayor's ment services, may, under his supervision and on authority is to: represent the interests of the com- his responsibility, authorize the signature of any mune in relations with other public authorities and matter to the responsible person to the above- public organizations, to conclude agreements mentioned services. and contracts, to perform powers delegated by Just as in the region, the department has a the council, to manage municipal services, to post of government representative in the person appoint management personnel, to impose disci- of the prefect. The representative of the state in plinary penalties on communal servants, to issue the department is appointed by the President's permits for construction, etc. decree approved by the meeting of the Council of The considerable autonomy of the communes Ministers. He manages the work of all local offi- and the lack of government officials are to some cials, departments, offices and agencies repre- extent balanced by the rigorous administrative senting the central government. The Prefect of control of the government through the prefects of the Department is responsible for supervising the the regions and departments that have the right legality of the actions and decisions of the elec- to stop the implementation of illegal decisions of toral bodies and officials of the department. And municipal councils. it is only the prefect that has the right to speak on An important feature is that the state controls behalf of the state before the General Council. and provides the ability to make decisions by the The lower administrative-territorial unit is the municipal council. So, if the council is not able commune (community) – a self-governing col- to take a decision due to internal differences, it lective with relatively broad powers. Big cities can be dissolved by a decree of the President have the status of communities, but with even of France, adopted at a meeting of the Council wider powers. Important legal factors that reflect of Ministers of France. After that, the prefect the essence of the commune are: name, territory, appoints a delegation delegation of representa- population. It is these elements that identify the tives temporarily entitled to accept only admin- commune as a separate, basic link of local gov- istrative acts and, within two months, announce ernment in France. new elections [17]. As O.V. Bolotin [16] and other scholars of the Conclusions. Analysis of the Ukrainian model system of organization of power in the territorial of local self-government allows us to state that at units of France built on the continental model, the present stage of development of Ukraine there characterized by a combination of local govern- are two distinct, established by the Constitution ment functions of local self-government and and the Law of Ukraine “On Local Self-Government functions of state power. in Ukraine”, the levels of formation of local self-gov- Representative bodies of the municipal gov- ernment bodies are basic and regional. They are ernment in the communes have municipal coun- characterized by certain significant differences in cils, which consist of deputies elected by the the legal status: rural, settlement and city councils population. The Municipal Council adopts the represent the interests of the respective territorial budget, establishes local taxes, manages the communities and exercise the functions and pow- commune property, adopts community develop- ers of local self-government on their behalf and in ment programs, markets, local roads and solves their interests; rayon and oblast councils represent many other issues of local importance. the common interests of the entire set of territorial The mayor is elected by the municipal council, communities (villages, towns, cities) of the respec- who is elected by deputies and at the same time tive territory. is the head of the executive body – the mayor's The peculiarity of the implementation of office. Since in the communes there are no repre- domestic self-government is that at the level of sentatives of the central government, the mayor rayons and oblasts there are no executive bodies by his position is considered a representative of of the respective councils. All the completeness the state power in the commune, thus implement- of executive power at these levels is performed ing the iberian model of municipal government. In by local state administrations, which, in addition the scope of his functions, as a representative of to their own powers, perform powers and pow- the state, is the registration of acts of civil status, ers delegated by regional and district councils. taking measures to find and punish offenders who The high official of the region is the head of the have committed a crime or are wanted in the ter- local state administration subordinated to the ritory of the commune, drafting protocols on the President of Ukraine.

60 Issue 1. 2017  THEORY AND HISTORY OF PUBLIC LOCAL ADMINISTRATION GOVERNMENT

A special place in the system of local self-gov- 4. Чиркин В.Е. Конституционное право зарубеж- ernment is rented by a village, town, city mayor, ных стран/ В.Е. Чиркин. – М. : Юристь, 1997. – 568 с. which according to Art. 12 of the Law of Ukraine 5. Емельянов Н.А. Местное самоуправление: “On Local Self-Government in Ukraine” [18], is международный опыт. – Тула, 1996. – 112 с. 6. Фадеев В.И. Территориальная организация the chief official of the territorial community of местного самоуправления в Российкой Федеации // the respective village, town, city. He is elected by Региоанльное управление и местное самоуправле- the territorial community and exercises his pow- ние. – М., 1996. – С. 47-50. ers on a permanent basis, chairs the executive 7. Антонов А.В. Основные направления рефор- committee of the respective village, settlement, мирования региональных и местных органов власти city council, presides at its meetings. The chair- во Франции [Електронний ресурс]. Режим доступу: person bears personal responsibility for exer- https://zakon.ru/publication/osnovnye_napravleniya_ cising the powers conferred upon him by law, is reformirovaniya_regionalnyxi_mestnyx_organov_ accountable, accountable and responsible to the vlasti_vo_francii territorial community and council, and, in terms of 8. Шустов В.Г. Основные модели мест- ного самоуправления / В. Г. Шустов // Вестник exercising executive powers, before the relevant Адыгейского государственного университета. Сер.: executive body of the council. Регионоведение: философия, история, социоло- Analyzing the domestic experience of local гия, юриспруденция, политология, культурология. – government organization, it is worth noting that 2011. – Вып. 2. – С. 256-264. Ukraine at this stage of socio-political develop- 9. Овчинников И.И. Теоретико-правовые основы ment needs a model of local self-government, местного самоуправления в Российской Федерации: where local authorities will be characterized by (системный анализ концепции и методологии пра- the fulfillment of general (universal) functions, вового регулирования): дис… докт. юрид. наук: a combination of direct government gover- 12.00.02 / Овчинников Иван Иванович; Рос. акад. гос. nance in the field and local self-government, службы при Президенте РФ. – М., 2000. 10. Щебетун І.С. Модель місцевого самовряду- local executive bodies formed by the mayor вання: поняття, взаємозв’язок з концепцією та сис- who, as the chairman of the executive commit- темою місцевого самоврядування / І. С. Щебетун // tee, will combine collegiate functions with some Правничий часопис Донецького університету. – 2013. – responsibilities of the state administration. The № 1. – с. 67-74. state must preserve its political functions by 11. Саначев И.Д. Сравнительный анализ моделей transferring control of the economic, social местного самоуправления в России, США и Западной and cultural spheres to the places. It is in this Европе: дис… докт. социол. наук: 22.00.08 / Саначев way that France has, over several years, turned Игорь Дмитриевич. – Владивосток, 2006. – 342 с. from a state with a high level of centralization of 12. Корицька В. Характеристика та сутність основних моделей місцевого самоврядування: на power to a country with a developed system of прикладах розвинених країн світу [Електронний local self-government and minimal interference ресурс]. – Режим доступу: http://lib.chdu.edu.ua/pdf/ of the state in the affairs of administrative-ter- ukrpolituk/3/28.pdf ritorial units. 13. Маклаков В.В. Реформы местного самоуправ- It should be noted separately that further devel- ления во Французской Пятой Республике / opment of Ukraine should be aimed at developing В.В. Маклаков // Реформы местного самоуправления a democratic, rule-of-law state and civil society, в странах западной Европы. – М. : Прогресс, 1993. – and should lead to an increase in the importance 284 с. of the most representative local self-government 14. Конституційне право зарубіжних країн: bodies of the lowest level, and increase their role Навч. посібник / М.С. Горшеньова, К.О. Закоморна, В.О. Ріяка та ін.; За заг. ред. В.О. Ріяки. – 2-е вид., in shaping both local and regional policies. допов. і перероб. – К. : Юрінком Інтер, 2006. – 544 с. 15. Панов А.В. Територіальний устрій Франції та REFERENCES: Італії – уроки для України: Монографія / ПП «АУТДОР- 1. Проблеми функціонування місцевих рад ШАРК». Ужгород, 2015. – 126 с. та їх виконавчих органів: монографія / за ред. 16. Болотина Е.В. Организационные основы фран- Ю.М. Тодики. – Х.: Право, 2009. – 540 с. цузского муниципального управления: Монография / 2. Батанов О.В., Кампо В.М. Муніципальне право ГУАП. СПб., 2006. – 91 с. зарубіжних країн: Навч.посіб.: У 2 ч. / За заг. ред. 17. Скороход О.П. Досвід місцевого самовряду- проф. П.Ф. Мартиненка. – К.: Знання України, 2006. – вання Франції та Польщі: здобутки та застереження Ч. 1. / О.В. Батанов, В.М. Кампо. – 148 с. для України [Електронний ресурс]. – Режим доступу: 3. Ткачук А.Ф. Місцеве самоврядування Франції. http://old.niss.gov.ua/book/StrPryor/9/21.pdf На шляху до децентралізації [Електронний ресурс.] – 18. Про місцеве самоврядування в Україні: Закон Режим доступу: http://www.pdp.org.ua/analytics/local- України від 21 травня 1997 р. // Відомості Верховної government/979-28a-a5------Ради України. – 1997. – № 24. – Ст. 170.

61 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE SECTION 5 PUBLIC ADMINISTRATION IN THE FIELD OF STATE SECURITY AND PUBLIC ORDER PROTECTION

GOVERNMENT REGULATION OF FORCED MIGRATION, ORGANIZATIONAL-LEGAL ASPECTS

The article analyzes the current legislation of Ukraine on internally displaced persons. The gaps in Veselska L.A. the mechanism of state regulation of social and economic adaptation of forced migrants are deter- Ph.D. in Public Administration, mined. The necessity of amending some government programs is defined, that based on foreign Doctoral Candidate of the Department experience. Reviewed and proposed changes to certain features of institutions that would ensure social security of population affected during the counter-terrorist operation in eastern Ukraine and of Global Studies, European Integration forced change of residence. The measures suggest that concern the problems of social security of and National Security Management internally displaced persons and the population that remains in Ukraine temporarily uncontrolled of National Academy of Public territories. Administration under the President Key words: compelled displaced persons, public policy, public administration, legislation Ukraine, of Ukraine social security, social and economic threats.

Formulation of the problem. The problem of of the state bodies was ready to take responsibil- forced migrants is one of the serious challenges ity for the registration. Initially, the Government's facing Ukraine today. Systemic destruction of the order creating the accounting system is entrusted infrastructure, powerful economic destabiliza- to the Migration Service. However, already in early tion of the Donbas leads to the deployment of a October 2014, the Government of Ukraine makes regional humanitarian catastrophe, when thou- two decisions: the registration of internally dis- sands of families from destroyed cities are look- placed persons and the provision of financial assis- ing for a temporary residence or are prepared tance, and on October 15 the Cabinet of Ministers to completely change it. Forced to leave their is responsible for registering forced displaced homes, people immediately realize that nobody is persons to the Ministry of Social Policy. This deci- waiting for them anywhere. State programs that sion was correct, because the departments of the would have comprehended the whole range of Ministry conducted such bases on the ground. internally displaced people's problems are insuf- According to information provided by the Ministry, ficient, some of them are declarative in nature, by the end of October more than 100 thousand since the mechanism for their implementation is people were registered. not provided or foreseen in part. We believe that in solving this problem we Analysis of recent research and publi- should take the experience of Georgia, which had cations and the allocation of previously unset- similar problems in the 1990s and 2000s. They tled parts of the general problem. Among the have created mobile accounting stations, they scholars who are dealing with the problems of have come up with a system of computerized modern migration, we note such domestic and hotline centers and social workers. To register foreign scholars as O. Malinovska, E, Libanova, these citizens an online registration system was A. Sosnova, I. Pinchuk, A. Homra, V. Ioncev, created, according to which the analysis of their I. Prybitkova, V. Kholod, and others. However, needs was carried out. Forced migrants were reg- we must admit that the interconnectedness of istered and in telephone mode. As a result, it was forced migration and the policy of securing social possible to ensure the integration of migrants, to security is still a poorly researched topic among meet their immediate needs and to prevent possi- domestic scientists. ble misuse of state and donor assistance. Formulating the goals of the article. The But, unfortunately, in Ukraine the paper system purpose of the article is to study the organiza- was adopted as a basis. Partly through the law “On tional and legal principles of state regulation of the the Protection of Personal Data” [1]. In particu- forced migration of the population from the zone lar, all databases in Ukraine have a certain mode, of antiterrorist operation and offer measures for which does not provide for the possibility of online its socio-economic adaptation and integration. data placement. Therefore, a field official fills in the Presentation of the main research mate- questionnaire, spending about 20 minutes on it. rial. In almost two years of Russia's military Then another person enters the data into a com- aggression, in the east of Ukraine, a single register puter. After that, the information is transmitted not of migrants' registers: where they were, their age, through the Internet, but on the physical medium profile, and characteristics were not created. None in the right place. As a result, there may be a lot

62 Issue 1. 2017  PUBLIC ADMINISTRATION IN THE FIELD THEORY OF STATE AND SECURITY HISTORY AND OF PUBLIC PUBLIC ORDER ADMINISTRATION PROTECTION of confusion and mistakes. According to prelim- ing with children. The intentions of immigrants in inary estimates, at least two months are required relation to the future illustrate the data of socio- to complete the registration and only then will it logical research according to which 25% of be known how much and where the internally dis- respondents plan to return to their homes, sub- placed persons live compactly. ject to availability of housing and work, electricity, According to the latest data of the Ministry of water, gas and cessation of hostilities, do not plan Social Policy of Ukraine, the official figure of set- to return in the near future 22%, for a long time tlers reaches 1445 thousand people. But accord- want stay in the new place 23% and feel uncer- ing to unofficial figures, about 2 million people, of tainty of 30% of respondents [5]. In view of this, which 32% are children, and 20% are retired and we need a balanced state policy and a number of disabled. government programs, in particular regarding: The largest number of settlers is concen- • returning people who intend to return to trated in Kharkiv, Donetsk, Zaporozhye, Luhansk, permanent residence; Dnipropetrovsk oblasts and the city of Kyiv. • resettlement and adaptation at a new place At the same time, about 2.2 million people and residence of those who do not plan to return. continue to remain in uncontrolled territories The actions of these programs should include: of Donbas, which, due to the approaching win- • relocation from places of compact location ter and subsequent destruction of infrastructure (camps, holiday homes, etc.) to individual apart- in connection with fighting, increase the risk of ments / houses; unemployment, lack of facilities and conditions for • inventory of opportunities for permanent / normal existence. In turn, this forms the precon- long-term residence of settlers by individual dis- ditions for the second wave of migration to other tricts and settlements; regions of the country. At the same time, there are • housing construction for target professional so-called “reverse flows” – some people return to groups; the place of permanent residence, because they • the restoration of military camps as centers are not able to socialize in a new locality. of temporary residence; Until recently, there was a typical situation with • use of housing stock of monofunctional cit- the impossibility of employing or assigning the ies (on terms of communal lease by private own- status of the unemployed to internally displaced ers of housing); persons due to conflicts in domestic legislation. • adaptation of existing places of compact So in many countries, the labor record has not residence to the conditions of the autumn-winter been around for decades. In Ukraine, it contin- period, etc. ues to be used. In the country, the war, and in the Today, the first priority is the issue of place- center of employment can not communicate with ment of settlers in winter suitable for housing, a person without a work record. Moreover, there restoration of documents, receiving pensions are cases when a person does not have a stamp in and social assistance, providing medical care, the labor liberation. An official can not violate the employment, and ensuring the education of chil- law and put it on record. But this person can not dren. The institutional provision of such a policy return to the non-existent factory already to close involves the creation of special municipal com- the record in the labor. The old methods are not missions (from representatives of state author- suitable for the state of emergency in which our ities, volunteer organizations and settlers) and state is located. foundations (with the involvement of local bud- The main socio-economic threats associated gets, international organizations and charity) with large-scale involuntary relocation are man- on the standards of international funds that are ifested in the growing burden not only in local accountable to civil society, as well as temporary labor markets but also in the problems of place- social services (from volunteers and migrants) to ment of displaced persons, their employment, help those who need it. medical care, access to education, etc. An important step was adopted by the Political threats are conditioned, above all, Verkhovna Rada and signed by the President of by the support of certain political forces and the Ukraine Law “On the Guaranteeing of the Rights media about the polarization of the country, its divi- and Freedoms of Internally Displaced Persons” sion into the east and west. As a result, there are dated November 20, 2014, No. 1706-VII. [2] The cases of hostile attitude towards forced migrants first thing that governs the law is the definition of by residents of the territories of resettlement and “internally displaced person”. Much of the set- the spread of anti-Ukrainian sentiment in territories tlers still calls themselves “refugees”, although temporarily not controlled by Ukraine. this concept involves leaving for the territory of Forced displaced persons preferentially leave their country. At the international level, internally the fighting zone, 57% of those polled were leav- displaced persons are people displaced within

63 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE their own country because of the threat to life, But, along with positive innovations, which political differences, and so on. provides the newly adopted law, there remain According to the Law, the internally displaced unresolved issues. So, in order for the new sys- person is a citizen of Ukraine permanently residing tem to work uninterruptedly, it is necessary to in Ukraine, who has been forced or left his or her amend the current legislation, in particular to the own residence as a result, or in order to avoid the laws of Ukraine: negative consequences of armed conflict, tempo- • “On freedom of movement and free choice rary occupation, widespread manifestations of vio- of place of residence”; lence, massive human rights violations and emer- • “On ensuring the rights and freedoms of gencies natural or man-made nature [2]. citizens and legal regime in the temporarily occu- These circumstances are considered to be pied territory of Ukraine”; well-known and unprovestible if the information • “On the creation of a free economic zone” on them is contained in the official reports (mes- Crimea “and on the peculiarities of economic activ- sages) of the United Nations High Commissioner ity in the temporarily occupied territory of Ukraine”; for Human Rights, the Organization for Security • “On the Legal Status of Foreigners and and Cooperation in Europe, the International Stateless Persons”; Committee of the Red Cross and the Red • “On refugees and persons requiring addi- Crescent, the Verkhovna Rada Commissioner for tional or temporary protection”; Human Rights a person posted on the websites • “On the Uniform State Demographic of the said organizations, or if, in such circum- Registry and documents confirming the citizen- stances, the appropriate authorities have taken ship of Ukraine, certifying the person or his spe- appropriate decisions. cial status”; The second important aspect of the law is the • “On State Registration of Legal Entities and guarantee of the rights and freedoms of the HIP Individual Entrepreneurs”; through some innovations. Finally, the full regis- • “On Protection of Personal Data” [1]. tration will be conducted: issuance of a certificate Some provisions of the Code of Ukraine on of registration in the departments of social protec- Administrative Offenses, Tax and Budget Codes tion of the population of the city regional adminis- of Ukraine also need to be supplemented. trations and introduction into the electronic data- In addition, some of the provisions of the base. That is, even if an immigrant moves across Law “On the Guaranteeing of the Rights and Ukraine, he does not need to be re-registered at a Freedoms of Internally Displaced Persons” do not new location [2]. clearly support the resolutions of the Cabinet of Among the main advantages of the law is the Ministers of Ukraine in terms of the prescribed possibility of obtaining, at the expense of the mechanism and terms of implementation. For state, a place for temporary residence for at least example, Clause 3 of Art. 15. “If forced migration 6 months. Forced displaced persons will have in the circumstances envisaged in Article 1 of this the opportunity to retire in absentia and register Law is caused by military aggression of another at the center of employment under a simplified state, military invasion, occupation or annexation procedure, even without a work record [2]. Also, of the territory of Ukraine, and this territory has “displaced persons” will be given the opportu- been left by persons who have become internally nity to resume social benefits and pensions at displaced persons, the state-aggressor shall their actual place of residence. Most students compensate for direct expenses of internally dis- who were forced to leave their homes in the area placed persons, which arose as a result of forced of ATO or in the annexed Crimea will have the full displacement, as well as all expenses on recep- right to study at public places in Vyshakh and tion and arrangement of these persons, which other educational institutions throughout the ter- were carried out at the expense of the state bud- ritory of Ukraine [3]. get of Ukraine and local budgets, in accordance Women who have underage children, accord- with Orme international law”. ing to newly established rules, should receive a Also, in Clause 2 of Art. 18 of the Act is that place at a kindergarten and a school for immi- “International donors contributing to the assis- grant children. Other people will have the right to tance program for internally displaced persons close a business with a simplified procedure and are assisted in accelerating the import of human- to register a legal entity and a FOP at the place of itarian goods.” It remains unclear what kind of actual residence. According to the new law, the assistance is being discussed, what will it be? state must ensure the needs of migrants in pro- These articles will be earned in case of adoption viding social and financial assistance. The certif- of relevant normative legal acts of the Cabinet of icate of registration of the migrant will be issued Ministers, which will stipulate the Procedure and immediately, on the day of treatment. preferences concerning the mentioned norms.

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Article 11 of the law, which provides for the resources, the impossibility of further living in powers of central and local executive authorities, unsuitable for winter conditions in the premises, bodies of local self-government on the issues lack of work, etc. of ensuring the rights and freedoms of internally Today, educational, medical and social secu- displaced persons, is required to be finalized, as rity systems solve the problems of settlers due to various Central executive bodies implement the their own reserves (consolidation of groups and state policy on settlers in accordance with their classes, extra beds), their placement in sanato- functions. riums and other institutions is actually carried out It would be more appropriate, in our opin- at the expense of the owner of the premises and ion, to create a single CEB that would deal with short-term [5]. the problems of internally displaced persons in a At the same time, it is impossible to effectively complex way, without spraying between different resolve these and other issues in the absence of departments. If this is not possible, the distribu- the relevant legislation, organizational, financial, tion of functions among existing CEBs in respect etc. mechanisms for assisting HPE. of internally displaced persons should include: Conclusions from this study and pros- • definition in their CEB regulations of their pects for further developments. powers to work with HIP; In our opinion, there is a need for transparent • identification of each body responsible for rules of interaction between the state, volunteers, work with HIP and donor organizations (interna- philanthropists, involving them in expertise in the tional, charitable, volunteer); preparation of decisions, ensuring transparency • introduction of a single standard for work and public accountability of the state about the with HPE. Distribution of the sphere of work – cost of financial and logistical resources (own and what does the state make of local government; received from philanthropists). • ensuring the dissemination of positive expe- So, the priority should be to: rience of the regions (Dnipropetrovsk region – • ensuring urgent implementation of reforms agreed on the training of 15 VPO in Lithuania, the in the area of government renewal and combating European Union allocation of 1.5 million euros for corruption, taxation, deregulation and entrepre- the reconstruction of hostels for HBO [4]); neurship development, decentralization of public • providing transparent rules for interaction administration, health care, etc; between volunteers and benefactors and the • inclusion in the Law of Ukraine “On the State state, involving these institutions in expertise in Budget of Ukraine for 2016» and projects for the preparation of decisions; subsequent years of expenditures related to the • transparent and public reporting of the state financing of the policy on forced displaced per- on expenditures of finance and material and tech- sons and their needs; nical resources (own and received from philan- • operational development and adoption of thropists); the Procedure for the use of budget funds as • sub-legal basis for exemption from charita- well as other normative documents to secure the ble aid tax payment for victims of ATOs. financing of the needs of internally displaced per- Today it is absolutely essential to ensure sons, in particular regarding the exemption from comprehensive social rehabilitation of internally taxation of charitable aid for persons who have displaced people in Ukraine for the purpose of suffered in the area of anti-terrorist operation; restoring and replacing lost functions of human • to develop and approve the Donbas life through the processes of socialization, adap- Recovery Plan as the basis for ensuring the return tation to existing social conditions in order to inte- of displaced persons to the place of permanent grate it into society, as well as by changing ste- residence; reotypes inherent in society. • creation of a legal and regulatory framework One of the important policy criteria for migrants for interaction between executive authorities of should be the projected employment structure different levels with volunteers, public and inter- in the Donbass after its restoration. To do this, it national organizations on work with forced dis- is necessary to introduce monitoring of the sit- placed persons. uation of the internally displaced persons, their In addition, executive agencies at various lev- psychological sentiments, socio-economic and els also need to ensure transparency of activities socio-psychological situation in the east and south and public reporting on assistance to internally of Ukraine, and systematically presenting the displaced persons. results of monitoring to the executive authorities. We believe that the state's response to the The number of internally displaced persons challenges of the political and socio-economic is increasing, and their “reverse” movement is nature should be comprehensive, to provide for largely a result of the exhaustion of financial solutions to both the problems of ensuring the

65 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE social security of the internally displaced persons № 1706-VII. [Електронний ресурс]. – Режим доступу: and the population, which remains on territories http://zakon2.rada.gov.ua/laws/show/1706-18 temporarily uncontrolled by Ukraine. Further 3. Соснова А. Переселенці – відповідальність цієї studies involving proposals to create a mecha- держави, а не фондів – УВКБ ООН. – [Електронний ресурс]. – Режим доступу: http://www.slovoidilo.ua/ nism for the government's actions on social inclu- articles/5600/2014-11-05/pereselency--otvetstvennost- sion and economic rehabilitation of post-conflict etogo-gosudarstva-a-ne-fondov--uvkb-oon.html settlement in these regions. 4. На яку допомогу можуть розрахову- вати переселенці на Волині. – [Електронний REFERENCES: ресурс]. – Режим доступу: http://www.volynnews. 1. Закон України «Про захист персональних com/news/society/na-iaku-dopomohu-mozhut- даних» від 20.11. 2012 р. № 5491-VI – [Електронний rozrakhovuvaty-pereselentsi-na-volyni/ ресурс]. – Режим доступу: http://zakon3.rada.gov.ua/ 5. І. Я. Пінчук Психосоціальні фактори та їх вплив laws/show/5491-17 на психічне здоров’я населення України: нові виклики 2. Закон України «Про забезпечення прав і сво- та шляхи їх розв’язання. – [Електронний ресурс]. бод внутрішньо переміщених осіб» від 20.10.2014 Режим доступу: http://www.idss.org.ua/index.html

66 Issue 1. 2017  PUBLIC ADMINISTRATION IN THE FIELD THEORY OF STATE AND SECURITY HISTORY AND OF PUBLIC PUBLIC ORDER ADMINISTRATION PROTECTION STATE ADMINISTRATION OF VOLUNTARILY FIRE PREVENTION IN GALYCHINA AND EUROPEAN EXPERIENCE OF VOLUNTEER HELP ACTIVITY ARE IN COUNTRIES OF EU

Hontar Z.H. Candidate of the Department of European Integration and Law A study of role and value of historical experience of management of voluntarily fire prevention activ- of Lviv Regional Institute of Public ity are undertaken in Galychina and countries of EU for providing of fire safety of population of Administration Ukraine. European experience of volunteer help is analysed for the sake of safety of society during of National Academy of Public large natural catastrophes and technogenic accidents. The analysis of modern attitude is carried out Administration under the President toward fire-prevention business. A quality increase of level of responsibility of society for the state of fire safety today is the important condition of increase of fire safety in Ukraine. Reasonably as of Ukraine, far as volunteering is actual in Ukraine and widespread among Ukrainians. Confirmation of value of Lecturer of the Department of Law voluntarily fire-companies is circumstance that in Europe fire volunteers play more ponderable role, and Management in the Field of Civil than professional firemen. Protection Key words: are state administration, voluntarily fire prevention, volunteer help, fire safety, fire volun- of Lviv State University of Life Safety teering, historical experience, Galychina, Ukraine, Poland, EU.

Formulation of the problem. Historical tude of the state and local authorities to the fire, in aspects require the fact that the voluntary fire pro- general there was a gradual evolution of the DPO. tection (hereinafter the DPO), which was under It is essential to take into account the fact that the care of the state, played a significant role in in the conditions of insignificant public financing society. During all time, she led the fight against and limited financial capacity of the fire safety fires, and also demanded compliance with fire authorities of Galicia (during its stay in the Austro- safety rules. This historical proof is that the fire Hungarian and Polish states) without a detailed protection of Galicia has a positive and varied analysis of the fire control decisions of the state experience, which, together with the European administration it will be impossible to correctly practice of fire volunteering, is of fundamental determine the place and role of the DPO in the importance for the organization of fire safety in fight against fires and their consequences. the conditions of independent Ukraine. The main aspects of the public fire control sys- Analysis of recent research and publica- tem in Galicia, which included voluntary fire bri- tions. Some aspects of the activity of voluntary gades, began to be formed at the end of the nine- fire protection have been reflected in the works of teenth century. [20]. In particular, on November domestic and foreign researchers – N. Vovchastoy, 15, 1867 the Law “On Societies” was adopted A. Dotsenko, S. Lyakhov, S. Popovich, L. Ryznik, [3]. It defined the essence of NGOs as voluntary A. Sovy, J. Shaflika, and others. M. Baitali, associations that are not aimed at political goals, M. Brushlinsky, V. Nagirny, T. Oleynik and others. but should address philanthropic and other social Selection of previously unsettled parts affairs. The relationship between professional of the general problem. However, to date, the and voluntary fire brigades during firefighters issues of generalization of the historical expe- rescue operations was regulated by the decision rience of the DPO for the current practice of fire of the Board of the National Union of Voluntary safety in Ukraine and the importance of volunteer Firefighters (KSDP) of March 9, 1901 [4]. With activity in the field of fire safety both for the vol- regard to towns and cities that were unable to unteers themselves and for the state as a whole maintain a paid fire service, the responsibility have not yet been adequately investigated. for the timeliness and effectiveness of the fight The purpose of the article. The main pur- against fire lay on the head of the corps of vol- pose of this work is to investigate and find out untary firefighters [13]. Thus, at the beginning of the value of historical experience of state man- the twentieth century. The main legislative base agement of the activity of fire volunteering in of the fire protection of the whole empire was Halychyna and the EU to provide fire safety, worked out, the normative acts of which were also namely, to reduce the damage and avoid the vic- in force in Galicia. After the creation of the struc- tims among the population of Ukraine. ture of professional and voluntary fire brigades, Presenting main material. It should be noted there was a gradual need to revise, expand, and that at different historical stages of the develop- systematize the existing regulatory framework ment of Galicia (from the end of the 19th century throughout the field of fire safety. This was facil- to the beginning of the 20th century) there was itated by the active work of the KSDP. As a result, an intensification of some areas of voluntary fire the legal basis for the fire was worked out. protection and relaxation, due to ideological doc- However, the problems of the constant trines, economic priorities or mercantile interests increase in the number of fires, the rapid pace of of others. However, despite the ambiguous atti- development of cities required the collection and

67 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE synthesis of already existing legislative acts, the Considerable valuable historical experience of further formation of the regulatory framework for local self-government bodies in Galicia from the fire safety. The Regional Branch obliged the com- end of the nineteenth century. before the Second munes of cities and towns to be protected by the World War, confirms the important role they can creation of auxiliary teams of voluntary firefight- play in maintaining fire safety in the country, as is ers, if necessary, to mobilize adult male popula- also shown by the practice of foreign countries. tion to rescue shares. This is sanctioned in the In most EU countries, professional fire protection circular of Galician governor. is provided by local authorities and without cen- On March 27, 1911, the Regional Branch in Lviv tralized guidance. The process of reforming the was directed by the circular of the Galician gover- institution of local self-government, the transfer norate from February 15, 1904, to all district dis- of a number of functions from the state to local tricts for the organization of fire protection. This authorities, an increase in the financial compo- document identified the role that the fire brigades nent of local budgets necessarily raise the ques- of the region should assume: “Voluntary fire pro- tion of the creation of voluntary fire brigades in tection in cities and towns, which assumed the Ukraine. An example for imitation is the practice responsibilities of the bulky fire service, is obliged of our closest western neighbors: Poland, the to carry fire, day and night, in the summer and in Czech Republic, Slovakia, Hungary [12]. the winter constantly service «[22]. The general experience of the fire department But the laws, which the authorities refer to in in Galicia convincingly proves that the prevention the implementation of fire safety, have not been of fires and the fight against fire elements were unified and remained extremely unpredictable a traditional matter not only of professional fire also in the interwar period. Skladaly basis of laws brigades, but also of voluntary fire brigade asso- passed before receiving Poland's independence ciations. It should be noted that the emergence or temporary acts zkonodavchi years 1919-1920. of fire brigades was a consequence of the inef- However, legal provisions do not take into account fective activity of the Austrian state in the field of the peculiarities of eastern Galicia, because, fire protection of settlements. Great contribution according to fire experts should formulate reg- to the development of voluntary fire in Galicia ulations are “based on local needs and condi- belonged to the inspector P. Paruna, who headed tions for only then they will be viable and will be the corps of Lviv firefighters. He was the initiator induced to gradually improve the fire status «[20]. of the creation of the National Union of Voluntary Inadequate legislation significantly influenced the Firefighters in Galicia [21]. effectiveness of fire protection. To some extent Proved historical fact is that the state was these deficiencies have eliminated the law “On mainly responsible for fighting fire in the “fire protection from fires and other natural disasters”, guard” – semi-public structures, which were held which March 13, 1934 was passed by the Sejm by local communities at their own expense and and, in accordance with Article 53, entered into who possessed special equipment. However, force on 18 November [26]. they existed in a few villages, their effectiveness Today, the progress in solving this issue can and reliability caused constant complaints. In only be achieved on the basis of scientifically such circumstances, the functions of “fire” were substantiated study of the situation in the field of performed by Ukrainian youth fire and gymnastics fire safety and the provision of specific proposals societies “Sokil”, “Sich”, and later “Lug”. As of and recommendations for its system of regulation March 15, 1912, there were 760 firefighting com- from the experience of the EU [7]. panies in Galicia, including 196 societies called Organization of fire safety work is a man- “Sich” [18]. aged process, an important role played by local The newly established fire brigades acted self-government bodies. Thanks to the knowl- more effectively than the detachments of the edge of the historical and geographical facts of local “Fireguard”, and gradually replaced it com- the localities, they are in a better position to iden- pletely [17, p. 360]. The Sicilians possessed high tify the risks that can cause emergency situations professionalism and skill in extinguishing fires. and to quickly organize fire fighting. In this regard, After the “Sich” was formed in the community Dr. W. Gayer objectively stressed that one of the of Nagornyanka of the Buchach district, all fires important components of the mechanism for were so effectively eliminated that in 1910 the dealing with emergencies is the very activities of Polish Asekuratory Society allocated 50 kroons the territorial community. According to him, “even for the needs of society [6]. It is important that the best prevention professionals will not be able the neighboring “Sich” in critical moments helped to prevent emergencies and minimize their dam- each other. This contributed to the successful age, in contrast to the timely and correct use of extinguishing of fire, and the neighboring com- community skills” [19]. munities rallied.

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The described experience of the activities of improve the cooperation of the population with voluntary fire brigades and fire and gymnastic the rescue services of Ukraine. societies in Galicia, testifies to their significant European experience convinces: 30-40% of role in ensuring the fire safety of the population. fires in the initial stage are eliminated by voluntary A fundamental review of the current attitude to fire brigades. In Ukraine, the relevant indicator the fire department, a high level of community does not exceed 3-4%. Today, the country needs accountability for the fire safety situation today is more than 30 thousand volunteers and teams an important condition for increasing fire safety [9]. The experience of the Galician fire brigade in Ukraine. Therefore, one should clearly under- proves that fire volunteering needs state support, stand that modern Ukrainian voluntary fire bri- first of all at the legislative level. The analysis of gades are not a formality, but an embodiment of a number of legal acts regulating the activities of the best experience gained, and in particular, in the DPO of foreign countries shows that the suc- the organization of public administration for the cessful activity of voluntary fire brigades is possi- development of fire in the region under investiga- ble only in the presence of the legal basis for the tion [16]. In our opinion, it is necessary to develop activities of the DPO, the corresponding social and implement a system of measures to revive privileges and guarantees provided by the volun- the traditions of voluntary fire on the example of tary fire brigade, full-time employees (mechan- Socil, Sich, and Lug communities, and their mass ics, drivers, dispatchers, chiefs of the DPO) in the participation in the prevention and extinguishing departments of the DPO, training (including prac- of fires, especially in rural areas. tical) voluntary fire actions for extinguishing and In the European countries hundreds of thou- preventing fires. sands of volunteers are actively working, who In addition, at the state level, one can also are teachers, doctors or anyone on specialty. stimulate people to engage in social activity. In Today, voluntary fire brigades make up 80% of the particular, there is a state volunteer support pro- British, French and Italian fire departments, and gram in Germany, according to which activists Belgium's fire brigade almost all consists of vol- receive certain benefits and pay reduced taxes. unteer firefighters [7]. In Germany, professional All interested persons can go for free trainings, fire protection operates only in 107 cities (usu- in which they receive critical skills for responding ally with a population of more than 100 thousand to dangerous circumstances and their warning. inhabitants), and voluntary fire brigades – in 2074 Due to this, there are people in the city who, in settlements. The experience of Austria, where case of danger, can organize others with knowl- the role of firefighters is ordinary citizens, who at edge of the cause. These people do not need to other times work on any other work, are interest- pay salaries, but if a fire or flood occurs once in ing. In a small town there may not be a fire station, every 15 years, they will be among those who will but there is a fire-fighting machine that is fully behave correctly, who will know what to do and ready for operation, which, if necessary, is man- how to help. In Italy, thousands of volunteers are aged by a specially trained team of volunteers. It trained annually. allows either to eliminate the fire on its own, or to It should be noted that the DPO's work com- wait for the help with the least damage, and also plicated the lack of basic knowledge of the save considerable resources for the maintenance population about responding to dangerous cir- of firefighters. cumstances and their prevention. Therefore, it Thanks to this, the fire safety system operates is important for the current organization of fire efficiently without unnecessary expenses and safety of the population to have a generalized with the least damage. It is clear that in large cit- experience of involving citizens of Galicia in the ies with high-rise housing complexes and indus- training of fire and technical knowledge, on their trial zones without professional fire brigades and participation in the organization of protection of complicated machinery can not do, but in small state and private property from fires, the dissem- towns and villages can volunteer firefighters [8]. ination of experience of assistance to the State In 1992, a reform of the fire service took place Fire Service, local authorities in the organization in Poland. The State Fire Service has undertaken of struggle with fires and their consequences. not only to assist the population in the fires, but Already from the first issues of Ukrainian maga- also in other cases: road accidents, various nat- zines “Fire survey – Union”, “Fatherland”, “Dilo”, ural disasters. The advantage was given to volun- “Sokhilski Visty”, “People's affair”, “Sichovye tary fire brigades because of lack of budget funds Vesti” and others, they began to consolidate the to support fire protection in full [1]. fire brigade, scrupulously analyzed the causes At the end of 2013, a thematic national edu- of insufficient professional training of firefight- cational campaign for the Volunteer Movement ers, patiently and it is available to popularize the Program was launched in Ukraine. It aims to basics of the fire among the population [15].

69 PUBLIC MANAGEMENT AND ADMINISTRATION IN UKRAINE Conclusions from this study and pros- 8. Ustawa o ochronie przed pozarami i innemi pects for further development in this direc- kleskami // Przeglad Pozarniczy. –1934. – № 5. – tion. Therefore, the further development of the S. 133 – 141. DPO should be aimed at achieving a progressive 9. Зарубежный опыт развития ДПО [Електронний ресурс]. – Режим доступу: www.mchs.gov.ru. level of organization of fire volunteering in the EU. 10. Geier W. Is civil protection in Germany prepared The state, invested a certain amount of money for large-scale natural disasters?.Lecture on the annually, can receive back much more. First, occasion of the international German Committee for due to this, a culture of safe behavior is formed, Disaster Reduction Workshop “Orkane uber Europa” because the person who has received the correct (Severe storms over Europe) at the Academy for Crisis training will not allow a risky situation and will not Management, Emergency Planning and Civil Protection make a fatal mistake. Secondly, the huge amount (AKNZ). [Електронний ресурс] / W. Geier. – Режим of money is spent on the elimination of the con- доступу: www.dkkv.org /de / publications/ressource. sequences of the accident, and the attraction of Asp ID=137. thousands of trained people makes it possible 11. Брушлинский H. Организация пожар- ной охраны в ФРГ / Н. Брушлинский, В Коробко, to save considerable money. Here you need a Ю. Коломиец // Пожарное дело [Текст]. – 1992. – whole set of measures to take into account previ- № 1-6. – С. 44-45. ous historical experience, which should be aimed 12. Пожарная безопасность – история, состоя- at improving the entire system of fire safety. ние, перспективы [Текст] // Материалы Всеукр. науч- However, this requires a far-sighted approach that но-практ. конф. – М.: ВНИИПО,1997.–Ч. 1. – 200с. involves long-term planning and resource alloca- 13. Praun P. Praktyczne wskazówki urzadzenia tion. This problem is much wider, and the basis of straży ogniowej i gaszenia pożarów its solution is to recognize the state of priority of 14. Przewodnik Pozarniczy. – 1897. – № 9. – S. 94. problems related to ensuring the safety of life and 15. Статистика пожарних філій «Сокола-Батька» // Вісти з Запорожа [Текст].– health of its citizens. 1912. – 30 берез. – С. 2–3. 16. Сова А. Діяльність українських товариств REFERENCES: «Сокіл» на Дрогобиччині / Андрій Сова // Дрогоб. кра- 1. Olejnik T. Towarzystwa ochotniczych straży єзн. зб. [Текст]. –2005. – Вип. ІХ. – С. 356–371. ogniowych w Królestwie Polskim [Text] / Tadeusz 17. Громадский голос. – 1907. – № 71. – С. 2. Olejnik. – Warszawa: Komenda Główna Państwowej 18. Громадский голос. – 1914. – 16 лист. – С. 3. Straży Pożarnej, 1996. – 367 s. 19. Салила В. Пріоритети – відродження істо- 2. Вісник законів державних для королівств і ричних традицій / В. Салила // Пожежна безпека країв в державній раді заступлених. – Річник 1871. – [Текст]. – 2011. – № 11 (134). – С. 7-8. Відень [s.n.], 1871. – 440 с. 20. Ляхов С. «Пожежне волонтерство – не фор- 3. Вісник законів і розпоряджень краєвих для мальність, а європейський стандарт!». [Електронний Королівства Галичини і Володимерії разом з Великим ресурс ] / С. Ляхов. – Режим доступу: www. vinnitsaok. Княжеством Краківським. – Річн. 1901. – 248 с. com.ua.volonterstvo-ne-formalnist-a. 4. Попович С. Пожежництво Львова. Історичний 21. Байтала М. Державна добровільна пожежна нарис [Текст] / С. Попович. – Львів: Світ, 2002. – охорона Польщі працюють як єдине ціле / М. Байтала // 368 с. Пожежна безпека [Текст]. – 2009. – № 2. – С. 4-5. 5. Przewodnik Pozarniczy. – 1904. – № 9. – S. 48-52. 22. Wowczasta N. Charakterystyka uczelni 6. Przewodnik Pozarniczy. – 1911. – № 5. – S. 54-57. pozarniczych na Ukrainie i w Polsce. / 7. Historia panstwa i prawa Polskie. 1918 – 1939 Natalia Wowczasta // Zeszyt Naukowy SGSP [Text]. – [Text]. – Warszawa: PWN, 1962. – Cz. I. – 416 s. Warszawa, 2007. – № 35 – S. 93– 98.

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