1Volume 12- Issue 72
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DOI: https://doi.org/10.34069/AI/2023.72.12.5
How to Cite:
Zubko, O., Levchenko, D., Sokiran, M., Danylenko, A., & Zubko, A. (2023). Philosophical and legal interpretations of modern
theory of public administration in Ukraine. Amazonia Investiga, 12(72), 59-68. https://doi.org/10.34069/AI/2023.72.12.5
Philosophical and legal interpretations of modern theory of public
administration in Ukraine
Філософсько-правові інтерпретації сучасної теорії публічного адміністрування в Україні
Received: November 2, 2023 Accepted: December 28, 2023
Written by:
Oksana Zubko1
https://orcid.org/0000-0003-4682-6468
Diana Levchenko2
https://orcid.org/0000-0001-8343-2260
Maksym Sokiran3
https://orcid.org/0000-0002-1682-2012
Anna Danylenko4
https://orcid.org/0000-0001-8263-1364
Artem Zubko5
https://orcid.org/0000-0003-2025-0202
Abstract
The aim of the article is to systematize the
research results on the definition of the public
administration concept and its characteristics.
Providing such an opportunity is combining
general theoretical and special legal
methodology of conducting scientific research.
Research results. The authors studied the issues
of its organizational and implementation
components to form a common vision regarding
the evolution of the public administration
paradigm in general, as well as its features at the
current stage of Ukraine’s development as an
independent democratic state that is in armed
confrontation with an aggressor country.
Practical implementation. Since the declaration
of Ukraine’s independence, an attempt has been
made to optimize the institutional aspect of
socio-economic and political reforms, but we
may assert that the path chosen at that time was
wrong, because it would be more appropriate to
conduct administrative reform in a different
direction. In this regard, there is still a tendency
to constantly optimize domestic legislation and
adapt it to the basic principles of public
administration which have proven their
1
Ph.D. in Law, Senior Researcher, Scientific and Research Institute of Public Law (Kyiv, Ukraine).
2
Ph.D. in Law, Researcher, Analysis Center of Air and Space Law (Kyiv, Ukraine).
3
Ph.D. in Law, Lawyer (Kyiv, Ukraine).
4
Ph.D. in Law, Researcher, Information Analysis Center for Aerospace Law (Kyiv, Ukraine).
5
Ph.D. in Law, Scientific Institute of Public Law (Kyiv, Ukraine).
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effectiveness abroad. Value/originality. It is
argued that the world community reached a
consensus on the expediency of re-orienting all
state mechanisms, processes, and relations with
the private sector to a person-centred approach,
where the individual is postulated as the highest
social value, the center of the entire social system
and structure.
Keywords: theory of public administration,
State administration, administrative policy,
military administration, State apparatus, crisis of
Ukrainian society.
Introduction
In 1998, the former President of Ukraine, Leonid
Kuchma, having declared the need for radical
restructuring of the State apparatus, emphasized
in the Decree of the President of Ukraine
No. 810/98 (1998) that the creation of modern
and effective system of State administration is an
important factor in overcoming the
transformational crisis of Ukrainian society. This
will secure Ukraine’s formation as highly
developed, law-governed, civilized European
state with a high standard of living, social
stability, culture, and democracy and will allow
it to become influential in Europe and
worldwide. Equally, the public administration
should be close to people’s needs and requests,
and the main priority of its activity should be
serving the citizens and national interests. This
system of public administration should be under
the people’s control, transparent, effective, and
established on scientific principles. At the same
time, the management personnel costs should be
adequate to the financial and economic state of
the country.
This ambitious goal was announced 25 years ago.
But the national legislation on proper
organization of the public sector is still not fully
consistent with the European legislation and
lacks normative grounds for the further
development, and the level of the society
participance in solving matters of public
importance is unsatisfactory.
This problem became more acute during
Ukraine’s armed confrontation with the
aggressor country. The latter, while seeking to
seize power in certain territories of Ukraine,
caused unprecedented violation of all possible
codified and conventional rules of the co-
existence of people and nations and put the most
important social values of Ukraine not only at
risk, but also made them a direct object of
criminal encroachment.
As it turned out, the regulatory capabilities and
resources of the public administration at various
levels are not enough to fully protect and help the
victims. Committed systemic errors nullify the
main social purpose of public administration.
Therefore, it is extremely necessary to promptly
find the ways to solve this difficult situation.
Thus, the urgency of reforming the public sector
of Ukraine is obvious. In view of this, the object
of research in this context is the public sector of
Ukraine, specifically the need its reformation.
The aim of the article is to systematize the
research results on the definition of the public
administration concept and its characteristics. It
will contribute to create scientific and
methodological basis, which will become the
basis for public discussion and result in forming
the list of expedient and relevant ways of
implementing administrative reform in Ukraine.
Methodology
This research is based on a pluralistic
methodological approach, which combines
various methods and techniques to obtain a
complete understanding of the object of study.
This is a qualitative research that uses the
following methods:
Structural analysis of the system: It was used to
present the hierarchical structure of
administrative processes in Ukraine, examine
approaches to the concept of public
administration and define the characteristics of
Zubko, O., Levchenko, D., Sokiran, M., Danylenko, A., Zubko, A. / Volume 12 - Issue 72: 59-68 / December, 2023
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public interest as a category of administrative
law.
Synergistic approach: It was used to analyze the
legal nature of the State's administrative policy
and study the duality of its purpose.
Hermeneutic approach: It was used for the
interpretation of legal theories and legal texts.
Logical method: It was used to reveal the
substance and essence of military administration
in Ukraine and to formulate the concept of
administrative policy of the state.
The study sample was made up of experts in
public administration, administrative law and
political science. Data was collected through in-
depth interviews and documentary analysis.
Literature review
It should be clarified that the majority of
administrative scientists support the idea of non-
use the category “State administration” in the
Ukrainian legal doctrine, perceiving it either as
an outdated analogue of the category “public
administration” or as an independent legal
phenomenon that has exhausted its social
significance.
As an example, according to O. Mytiai (2018,
p. 124), “State administration” is one of the most
complex institutions and categories of
administrative law in connection with the
complex nature, specificity of actors and objects
of State administration and the relationships
between them. The transformational processes
taking place in Ukraine and the society along
with the ongoing administrative reform led to the
scientific search for new approaches to
understanding the essence of public
administration and the possibilities of its
renewal, which was expressed in increased
attention to such a category as “public
administration”.
In this regard, P. Petrovsky (2017, p. 21) notes
that, according to the views of most scientists,
State administration is being reformed into the
public administration.
According to another approach, State
administration is the organization of the State
sector, where there is no variation in the
behaviour model or organizational structure of
the object of administration, which represents the
establishment and implementation of imperative
norms in the exceptional areas of the State
interest. Such areas are those that cannot be
public in whole or in part a priori (internal
security, State secret, territorial division of
administrative units, economic aspects of
ensuring the competitiveness of the State,
international relations) (Danylenko, 2019, p. 2).
With this in mind, public administration is
proposed to be understood as follows:
the mechanism that ensures, on one hand, the
provision of legislation-related services to the
society, and on the other one the
implementation of the chosen type of policy by
civil servants who were delegated authority
during the manifestation of the people’s will at
the elections both within the country and abroad
in all its forms (Semenchuk, 2013, p. 388);
mutual influence of the management actor and
the power holder on social processes and
relations in accordance with socially significant
functions and powers, which can be viewed as
follows:
1) professional activity by civil servants, which
includes all types of actions aimed at
introducing government decisions, as well as
studying, developing and implementing the
State policy directions;
2) management system represented by
administrative institutions within the
adopted power structure (Amosov &
Gavkalova, 2013, p. 7); activity of
the public administration to satisfy general
public interests (Kuzmenko, 2009, p. 24);
the main directions of the purposeful activity
of the public authorities on the fulfilment of
administrative obligations (Kolesnikova,
2013, p. 114; Kolpakov et al., 2018, p. 214);
socio-political power, the main types of
which are the following: a) people’s power
as direct power, direct democracy (elections,
referendums); b) State power legislative,
executive, judicial; c) local self-government
local, public power exercised, in
particular, by territorial communities,
representative bodies of local self-
government (councils), and executive bodies
heads of villages, settlements, cities etc. (in
this sense, the term “public power” is
analogous to the terms “people’s rule” or
governance) (Beh, 2000; Maksymeniuk,
2015, p. 208); a component of
public governance and the procedure for
implementing decisions made in the public
administration system (Kolesnikova, 2013,
p. 117); the activity of the entire system of
administrative institutions with a hierarchy
of State power and local self-government as
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a coordinated group action on public matters
aimed at solving them (Lazor, 2015, p. 114);
the type of activity representing the
performance of the State functions, lies in of
social orientation of public power exercise
and involves the variation in the behaviour
model or organizational structure of the
administration object, which is carried out
by ensuring, securing, and protecting a
certain circle of social relations, which
constitute both individual and public interest
and demand support and regulation by the
State in the course of their dynamic
development (Danylenko, 2019: 25).
Thus, there are various scientific views on the
definition of this process. The differences are
caused both by the lack of its agreed
interpretation in the law which still operates the
term “State administration” (including in the
official translations of European acts) and by a
complete misunderstanding of stages and
procedures of the evolution of the paradigmatic
aspects of its development in Ukraine. This
generally indicates that there is no unified vision
of the system of state management processes in
the country.
Results and discussion
As a rule, the hierarchical structure of
management processes in the country is
determined using the “separation of powers”
criterion. It is logical to distinguish legislative,
executive, judicial power, and local self-
government. It distributes power to different
levels with an exclusive list of functional duties,
starting from those that solve national issues,
going down to solving issues of the local
administrative units’ functionality.
Undoubtedly, the legislative power manages
social processes, but in a very specific way by
establishing general rules, foundations,
procedures and principles of their development.
The executive function directly represents the
management process, which implements the
main postulates of balanced development. In
turn, the judicial power, exerting influence on
actual social relations, ensures that they remain
legitimate.
However, it is important to understand that the
abovementioned system is generalised. It reveals
a one-sided vision of how the State apparatus is
formed and what place is given to the public
settlement of issues of national importance.
We support the previously highlighted opinion
that there are four variations of the schematic
definition of the hierarchical structure of
management processes in Ukraine (Danylenko,
2020, p. 37):
Variation 1
European governance (after Ukraine formally
becomes EU member, this will take place as an
integral component) national governance
(establishment, procurement, implementation,
and protection in the form of administrative
policy of the State) → (1) public administration:
(a) of the State sector (State administration); (b)
of the public sector (classic domestic
understanding of public administration) and (2)
self-regulatory activity (self-regulatory
organisations).
Variation 2
European governance → national governance
(1) public administration: (a) activities of the
authorized entities (public administration); (b)
self-regulatory activities (of self-regulatory
organizations) and (2) State administration.
Variation 3
Administrative and legal support public
administration: (1) activity of executive
authorities; (2) activity of local authorities and
(3) activity of entities with delegated powers.
Variation 4
European governance national governance:
(1) public administration: (a) administrative and
legal support; (b) administrative and legal
security; (c) administrative and legal protection;
and (2) State administration.
The proposed variations have one unifying
factor: Ukraine has its own way of forming the
step-by-step development of paradigmatic
knowledge about public administration. It is
persistently percepted as a part of the State
executive function, but despite this perception it
is impossible to state for sure that it is the only
form of its implementation, because State
administration exists as an independent type
along with it. It is more acceptable to believe that
in 1998, for unknown reasons, the State leaders
did not abandon the Soviet experience of State-
building and did not clearly differentiate between
the spheres of “State” and “public” or did not
abandon the concept of “State administration” in
general.
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Currently, the modern paradigm of public
administration in Ukraine is characterized by the
following key aspects: 1) it is an integral part of
national governance, which implies the need to
form a balanced and clear administrative policy
of the State; 2) transformational aspects of the
main postulates of person-centered approach
caused by the military conflict (speaking about
the emergence of its specific variation in the form
of military administration).
The legal nature of the State administrative
policy
Under current conditions, there are no
developments in defining the concept and
essence of the administrative policy of Ukraine;
it is difficult to find analogous in the laws of other
countries as well. Most commonly, the category
of administrative policy is understood as a set of
established rules for the implementation of a
certain action, the distribution of roles in a certain
activity.
Turning to the foreign experience: as an example,
the administration of the US President (the White
House) has its own administrative policy. In
particular, the Office of Management and
Budget, which functions as part of the Executive
Office of the President of the United States,
formally communicates the Administration’s
views on the reasons for objecting the legislative
changes or application of the veto through the
Statements of Administration Policy. It is a
communication tool (written statement) that
indicates whether a parliamentary decision
(legislative act) will be approved by the
President. The reason why this tool exists is
because in parallel with legislative activity in
Congress, the executive branch takes actions to
determine whether such legislative activity is
expedient (including the comparison with the
President’s promises to the voters) (Stuessy,
2016).
Another example of administrative policy is a set
of rules of conduct in a certain organizational
system. The developers of this policy
periodically review and monitor its accuracy,
efficiency, and effectiveness.
As a system-wide phenomenon, administrative
policy should do the following: 1) promote the
mission of the organizational system; or 2) serve
as a procedure for the implementation of certain
activities, including the observance or
implementation of legislative or departmental
acts; and 3) meet one or more of the following
criteria: a) eliminate a significant risk to the
institution that cannot be adequately addressed
otherwise; b) have a significant effect, including,
but not limited to, on people’s conduct, as well as
the level and number of risk factors involved; c)
promote work efficiency and effectiveness
(Office of Institutional Compliance, 2023).
Speaking about administrative policy of a certain
orientation (not in a form of a system-wide
phenomenon), it is important to consider the
duality of its purpose. For example, in the field
of business processes, it informs employees
about organizational rules, expectations and
business values, as well as about issues related to
personnel, including their rights, responsibilities,
health and social insurance etc. In general, it
ensures that the organization’s administration
and employees work on the same page,
understand each other, and agree on how they
should interact, because being a regulatory act
the administrative policy represents what a
company expects from the employees and what
the employees expect from the company (Smyth,
2023).
Similarly, administrative policy can be a part of
a certain authority’s activity, which establishes
its principles, and in this way informs the others
about the existence of administrative rules of
conduct.
Thus, administrative policy in general can be
considered through its dual legal nature, in
particular: 1) as a set of rules for the
implementation of established standards
(procedural aspect); 2) as an independent tool for
establishing the rules of conduct necessary to
achieve predetermined goals (functional aspect).
Regarding the possibility of applying this legal
phenomenon in the context of the State
efficiency, we can speak about two conceptual
directions of the implementation of the State
functions: through the mechanisms of State and
public policy, the difference between them is the
exclusive possibility of solving extremely
complex tasks by authorities (State policy) or
with the assistance and active participation of
civil society institutions, which at the same time
assume obligations and responsibility for the
decisions made and the effectiveness of their
implementation (public policy) (Zubko, 2023).
At the same time, any policy is related to certain
values, on which it is based. For administrative
policy in the context of the country, such values
are public interests.
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It should be noted that defining public interest is
quite controversial. The authors define the its
features as a category of administrative law: 1) it
is a set of certain needs (values) (Sever, 2021,
p. 2); 2) there may be needs of the entire society,
as well as its groups or individual citizens
(Soroka & Sokiran, 2019); 3) it is formed at the
initiative of a directly interested actor of the State
administration (Soroka, 2020); 4) these interests
are legally recognized by the State (Kalyuzhny,
2006); 5) it is aimed at ensuring human rights and
freedoms (Kaganovska et al., 2022); 6) it is one
of the constituent parts in the definition and
formation of administrative relations, which are
resolved in the administrative order (Sever,
2021).
Therefore, the substance of public interest as an
administrative and legal category derives from
the essence of general interest and is
individualized by the substance of administrative
and legal relations. Public interest is defined as a
set of certain needs (values) of a person or society
aimed at ensuring and protecting the public good.
Thus, it is logical to say that the primary task of
the State is to outline public interests. The latter
are formed through the public policy in various
spheres of life (national security, health care,
environment, economy, etc.) (Pečarič et al.,
2015, p. 49). In this case, the State is considered
as a source of regulating the ratio of public and
private interests (Raimov & Pasichnyk 2022).
In 2019, the Supreme Court of Ukraine
determined “public interest” as the needs
important for a significant number of individuals
and legal entities, which are provided for by the
public administration according to the legally
established competence. That is, public interest is
nothing more than a certain set of private
interests. It also contains a clarification that the
concept of “public administration” in
administrative law should be understood as the
system of State and local self-government
executive bodies, enterprises, institutions,
organizations and other entities endowed with
administrative and management functions, which
act with the aim of ensuring the interests of the
State and society as a whole, as well as the
totality of these administrative and management
actions and measures established by law (Case
No. 810/2763/17, 2019).
Based on the above, we can conclude that the
state administrative policy can be considered as a
set of rules of conduct and procedures for the
activities of actors endowed with administrative
and management functions. However, in this
case, its functional impact is limited exclusively
to the sphere of the executive function of the
State.
In our opinion, it can also be considered as
follows: 1) as a set of strategic and operational
measures to influence the established system of
exercising State power through a pre-agreed
mechanism for introducing amendments to the
current legislation, which aims to form a set of
rules for the proper management of State and
public affairs; 2) as a set of procedural provisions
for building relations between authorities to
ensure their interaction, cooperation and
distribution of the main spheres of responsibility,
as well as building stable relations with civil
society.
Substance and essence of military
administration in Ukraine
During the last 50 years, military operations
around the world have been conducted quite
regularly. Global military operations in Iraq,
Kuwait, the United Arab Emirates, Somalia,
Afghanistan, Kosovo, Bosnia comprise only a
small part of the overall number. On a daily basis,
these global military operations are managed by
the largest bureaucracy in history the Ministry
of Defence. As the authors of the “Handbook of
Military Administration” correctly pointed out
“although the conduct of war is the subject matter
of a great number of scientific works,
administrative aspects of military operations are
often lacking. After all, who can become excited
about human resource management, budgeting
and finance, procurement, and training and
development, when one has the lure and
challenge of defeat and victory in combat? Yet,
the seemingly mundane and boring
administrative tasks are what makes it possible to
field an effective fighting force” (Weber &
Eliasson, 2008).
According to the general concept, under military
operations (conflicts), the public affairs
management is assumed by the military
administration. Thus, 25 regional military
administrations were formed throughout Ukraine
by the Decree of the President of Ukraine
No. 68/2022 (2022). In connection with the
formation of regional military administrations,
regional and Kyiv city state administrations and
the heads of these administrations acquired the
status of corresponding military administrations
and heads of these military administrations.
Besides, the district military administrations
were formed based on the existing district State
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administrations, and their heads became the
heads of those military administrations.
Such actions were carried out to implement the
provisions of the Law of Ukraine “On the Legal
Regime of Martial Law” (Law of Ukraine
No. 389-VIII, 2015). Its provisions establish that
in the territories where martial law has been
introduced, the temporary state authorities
military administrations can be formed to
ensure the operation of the Constitution and laws
of Ukraine, introduction and implementation of
measures of the legal regime of martial law,
defence, civil protection, public safety and order,
protection of critical infrastructure, rights,
freedoms and legitimate interests of citizens
together with the military command. Moreover,
it is clarified that the military administrations of
the localities are formed from servicemen of
military formations in accordance with the laws
of Ukraine, members of the rank and file and
higher officers of law enforcement agencies, civil
protection services, who are sent to them in
accordance with the law to perform tasks in the
interests of the State defence and its security
while remaining in military service, service in
law enforcement agencies, civil defence bodies
and units without exclusion from personnel lists,
as well as employees who have entered into an
employment contract with regional military
administrations (in case of their formation) or
with the General Staff of the Armed Forces of
Ukraine (if a regional military administration has
not been formed in the relevant region). The list
of positions in the military administrations of the
localities, which are subject to replacement by
military personnel from military formations,
members of the rank and file and higher officers
of law enforcement agencies, as well as the list
of positions that can be filled by military
personnel from military formations, members of
the rank and file and higher officers of law
enforcement agencies in the district, regional
military administration, are approved by the
President of Ukraine at the request of the
Commander-in-Chief of the Armed Forces of
Ukraine.
It is noteworthy that the responsibilities for
direction, coordination and control over the
activities of military administrations are
distributed between the General Staff of the
Armed Forces of Ukraine and the Cabinet of
Ministers of Ukraine within their powers.
Separately, we note that in addition to military
administrations, current Ukrainian legislation
provides for the possibility to form military-
civilian administrations. The Law of Ukraine
“On military-civilian administrations (Law of
Ukraine No. 141-VIII, 2015) establishes that
military-civilian administrations are formed as a
temporary forced measure with elements of a
military management organization to ensure
safety and normalization of people’s life in the
area of repelling armed aggression of the Russian
Federation, in particular in the area of the anti-
terrorist operation, which does not aim to change
and/or cancel the constitutionally enshrined right
of territorial communities to local self-
government.
The provisions of this Law caused discussions. In
particular, the termination of the powers of
representative and executive bodies of local self-
government, their apparatuses and officials, the
entire body of deputies of local councils deprives
the territorial communities of the right to local
self-government, which seems unacceptable
from the standpoint of constitutional
prescriptions and the requirements of the
European Charter of Local Self-Government,
compliance with which is one of Ukraine’s key
international obligations. In addition, the
unconditional dismissal of all employees of
executive bodies and apparatuses of the Council
can be considered as a groundless violation of
their labour rights.
Therefore, in 2017, the Draft Law of Ukraine
. 7090 “On Military-Civil Administration”
(2017) was submitted to the Verkhovna Rada of
Ukraine. This Law specified that military-civil
administration includes a set of temporary forced
measures with the elements of State
administration and lies in the exercise of powers
by the district, regional State administration and
the military-civilian administrator of the
localities on ensuring law and order, safety and
life of the population and/or the exercise of
powers of the relevant district, regional, village,
settlement, city councils and heads of villages,
settlements, and cities, as well as in the specifics
of local self-government in the relevant territory.
In particular, this legal act provided that if the
military-civilian administration is introduced on
the territory of the district or region exclusively
for the exercise of powers in the spheres of
ensuring law and order, security and life of the
population, the relevant district, regional council,
its executive apparatus, officials of local self-
government, council deputies continue to
exercise their powers to the extent provided for
by the Constitution and laws of Ukraine.
However, this draft law was withdrawn.
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We can conclude that both military
administrations and military-civilian
administrations must ensure the balance of
security and defense management in a certain
administrative-territorial unit. But there is one
important difference between them: military
administrations aim to ensure the operation of the
Constitution and laws of Ukraine, the
introduction and implementation of measures of
the legal regime of martial law, defense, civil
protection, public safety and order, protection of
the rights, freedoms and legitimate interests of
citizens in the relevant territory of Ukraine along
with the military command, while military-
civilian administrations aim to fulfil the powers
of local executive bodies authorities, local self-
government bodies in the area of the anti-terrorist
operation. In particular, regional and district
military administrations are formed on the basis
of local State administrations, as well as military-
civilian administrations in Donetsk and Luhansk
regions; military administrations of specific
localities are formed when local self-government
bodies do not exercise or are unable to exercise
their powers according to the Law of Ukraine
“On the Legal Regime of Martial Law.”
However, on the day of validation of the act of
the President of Ukraine on the formation of
district, regional military administrations,
military administrations of localities on the
territory of Ukraine, where military-civilian
administrations functioned, the powers of the
respective district, regional military-civilian
administrations and military-civilian
administrations of settlements shall be
terminated. In general, military administrations
of settlements, district, regional military
administrations exercise their powers during the
period of martial law and 30 days after its
termination or cancellation (Chepel, 2022).
Therefore, temporary actors of public
administration are formed in the period of war or
state of emergency. Their main activity is to
replace the key powers of public administration
on the ground to ensure effective management of
civil and military spheres.
The presented evolution model of paradigmatic
knowledge about public administration in
Ukraine demonstrates that the scientific and
normative discourse developed in parallel,
having united only after the introduction of the
legal regime of martial law in Ukraine.
Thus, the scientific discourse provides that from
the moment of Ukraine’s independence
declaration, the concept of “State administration”
was joined with (or replaced by) the concept of
public administration as a dualistic combination
of a linear organizational and functional type of
regulation of social relations within the territorial
jurisdiction of the country, which provides for an
organic co-existence of groups of administrative
actions that are opposite in their methods, nature,
and scope, aimed on the one hand at organizing
power in the country, and on the other one at
ensuring the well-being of its community. At the
same time, the adjective “public” in this context
implies “common” and is not a synonym for the
word “transparent”. State administration cannot
be public in the classical sense; however,
according to international experts and the
European Commission in particular, it is part of
this process. This conclusion derives from the
standpoint of the systemic and structural
composition of the recommendation documents
which focus on the problems of exercising power
in Ukraine. As an example, the report “Public
Administration in EU Eastern Partners:
Comparative Report 2014” (Ibrahimova et al.,
2014, p. 74) speaks about certain success of
public administration in Ukraine in the recent
years the implementation of reforms, primarily
in the field of fighting corruption and creating an
impartial civil service. These components apply
to both State and public sectors, but they both are
part of the “public administration” (Danylenko,
2020, pp. 37-38).
In turn, the normative discourse indicates that
public administration combines the postulate of
“serving people” with its conceptual content; that
is, represented by the model of the service
organization of the State, which strives to
provide citizens with systematic, high-quality
services necessary to their collective and
individual needs.
Consequently, public administration is not so
much the governing influence of the state as a
social partnership in the "citizen-State" format,
which causes publicity and openness not only of
state bodies and organizations, but also state
affairs for public discussion, which is an
important resource for developing optimal
(effective and efficient) political and managerial
decisions.
Public administration is the practical, organizing,
and regulatory influence of the State on the social
life of people to order, preserve or transform it,
based on power that limits effective social
control as the main factor of the rule of law in the
society.
The complex mechanism of public
administration is presented as such:
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1) Economical (banking, monetary, innovative,
investment, credit, tax, insurance activities);
2) Motivating (combination of command,
administrative and socio-economic
incentives for high performance);
3) Organisational (objects, actors, their targets,
tasks, functions, administration methods,
organisational structures, results of
operation);
4) Political (mechanism of economic, social,
financial, production policy);
5) Legal (regulatory support)
Respectively, these two parallels are combined
within the institution of military administration,
where unified scientific and normative discourse
represent the classic monopolistic position of the
State within the regulatory influence on all social
relationships functioning within the threats to
public, economic, environmental, military,
informational security of Ukraine.
Conclusions
Public administration as a method (form) of
managing public and State affairs is constantly
evolving. The dynamics of the changes is
monitored due to the State’s need to maintain a
balance in ensuring public and the private
interest.
Currently, the world community has reached a
consensus on the expediency of re-orienting all
State mechanisms, processes, and relations with
the private sector to a person-centred approach,
where individual is postulated as the highest
social value, the center of the entire social system
and structure.
Since the declaration of Ukraine’s independence,
an attempt has been made to optimize the
institutional aspect of socio-economic and
political reforms, but we may assert that the path
chosen at that time was wrong, because it would
be more appropriate to conduct administrative
reform in a different direction. In this regard,
there is still a tendency to constantly optimize
domestic legislation and adapt it to the basic
principles of public administration which have
proven their effectiveness abroad.
It makes sense to argue that there is a unique
system of establishing transparent and accessible
regulation in Ukraine, which is carried out by the
public administration represented by the wide
actors’ composition. However, the following
matters are still relevant: minimization of
government influence on social relations,
reduction of unnecessary and duplicative
functions of public administration actors and
decentralization of their powers, legislative
recognition of conditions for the functioning of
self-regulatory organizations in various spheres
(not just in specific ones) and revision of the
educational system.
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