Pressing Problems of Public Administration

National legal regulation of the digital economy and information platforms

Ihor Dunayev, Oleksandr Orlov — Wed, 15 Nov 2023 00:00:00 +0000

This article serves as a logical continuation of the authors’ series of publications on the public regulation of information platforms and platform economies. The objective of this article is to provide a concise summary of the rich international experience in national legal regulation of the digital economy and information platforms while identifying pertinent models of such regulation. It further contributes to the ongoing extensive expert and policy debate regarding what, how, and whom to regulate in the new platform environment, in which nearly everyone participates or will soon be involved. Drawing on a comprehensive analysis of legislation in foreign jurisdictions, the article highlights and elucidates three main models of legal regulation for the digital economy, using examples: the model of legislative regulation of the digital economy, the national strategic model, and the regional strategic model. The conclusion is drawn that Ukraine exhibits significant features that largely correspond to the first model. Such a model may involve the creation of specific legislation aimed at digital sector development, stimulating innovation and supporting startups. Nevertheless, Ukraine has already begun to encounter limitations associated with this model, as the digital economy evolves more rapidly than the government and legislators can adapt the legal framework to the latest changes, resulting in regulatory gaps.

Designing mechanisms to encourage immigrants for official employment in Ukraine

Dmytro Kostennikov — Wed, 15 Nov 2023 00:00:00 +0000

This article offers an original perspective on the issue of incentivizing immigrants for official employment in Ukraine to support post-war reconstruction efforts. The proposed solution is viewed from the perspective of motivation and the organization within host communities. It’s evident that post-war Ukraine will require non-standard regulatory measures, as all neighboring countries are implementing similar strategies. This article aims to substantiate the organizational integration and motivational mechanisms for encouraging immigrants to engage in official employment in Ukraine as an urgent and strategically significant tool for implementing state immigration policy. The conclusion is drawn that in the context of intensified European integration efforts, we must also focus on areas beyond legislation. This includes education, employment opportunities, the establishment and operation of foreign companies in Ukraine, and attracting foreign workers through mechanisms such as language barrier improvement, recognition of foreign qualifications, skills enhancement, and improvements in social security and guarantees. Specifically, we should intensify: (a) development of attractive investment programs and financial incentives to attract Ukrainian expatriates and highly skilled immigrants to participate in Ukraine’s recovery and development projects after the war; (b) creation of specialized legal and tax conditions for immigrants wishing to contribute to the development of critical sectors such as infrastructure, education, healthcare, and innovation; (c) accreditation and recognition programs for foreign qualifications and experience to facilitate immigrant integration into Ukrainian professional unions and civil organizations; (d) partnerships with Ukrainian and international companies to create jobs and support immigrants in adapting to the Ukrainian job market and way of life; (e) development of programs for immigrant families wishing to join Ukrainian society, including educational and medical services for children and other support to create a favorable environment for resettles. Unfortunately, discussing the foreign-qualified labor force policy in the near future is challenging due to the security situation across our nation caused by the ongoing state of war. Therefore, migration policy’s primary focus is working with domestic resources to prevent their outflow.

Key factors of using Crowd-technologies in the activities of Ukrainian local self-government bodies

Sokolik Larysa — Wed, 15 Nov 2023 00:00:00 +0000

The purpose of the article is to provide a conceptual justification of the fac-tors, conditions, and limitations regarding the implementation of crowd technolo-gies in the activities of local self-government bodies.

It has been established that crowd technologies in local self-government are social technologies that involve the engagement of «informal public» in the govern-ance process through a public offer made by local self-government bodies. These technologies utilize the intellectual potential of online communities to address so-cially significant issues without entering into an employment contract.

It is defined that crowd technologies in local self-government are also specif-ic public-private management technologies that introduce civil relations into bu-reaucratic practices. In this regard, it is important to distinguish various types of these technologies, including crowd-sourcing, crowd-funding, crowd-recruiting, crowd-creation, and so on. The utilization of these and other types of crowd tech-nologies in local self-government allows for addressing important tasks for territo-rial communities, such as involving the population in decision-making processes, mobilizing citizen funds for voluntary development of crowd projects through in-formation technologies, searching for talented professionals within the community, and facilitating the creation of new crowd projects by the «informal public».

It has been proven that the implementation of crowd technologies as mani-festations of public-private management requires a set of necessary conditions for their integration into the practices of local self-government. These conditions in-clude:

Regulatory and legal support for crowd technological activities.
Generalization of experience (positive or negative) with crowd tech-nologies.
Accurate identification of crowd technology objects.
Institutionalization of a public actor interested in crowd technologies.
Formation of civic competencies among the population as individual qualities socialized under the influence of civil society.
Ensuring informational accessibility of decision-making practices by local self-government bodies and administrative services provided by them, as well as by communal institutions and enterprises.
Demonstration of loyalty by local authorities towards organizing work according to the crowd technology model and the willingness of their leaders and officials to collaborate with the public.
Development of integrated software products for local self-government bodies based on the principles of open-source software.

It is argued that the structure of crowd potential in a territorial community is formed by two main components: the capacity and readiness of the population and local self-government bodies to participate in crowd technologies. Capacity in-cludes awareness of the organization of governance and knowledge of crowd tech-nologies, which is reflected in the societal and governmental understanding of the possibilities for implementing crowd projects at the community level. Readiness consists of the interest in voluntary participation in addressing social issues, the societal values of the population and local self-government bodies, and their moti-vational reasons for participating in crowd projects.

Modern approaches to global and governmental regulation of virtual assets: what to choose to support digital innovations?

Aleksandr Kud — Wed, 15 Nov 2023 00:00:00 +0000

The paper offers a critical outlook at modern approaches to supranational and governmental regulation of the circulation of virtual assets, which have already developed with confidence and which actually determine the conflict between generally global and national views on a very heterogeneous category – virtual assets. The purpose of this article is to summarize some key regulatory approaches spread globally – from global to state levels – regarding the circulation of virtual assets and their critical analysis from the point of view of supporting digital innovation in a national economy.

The paper is a continuation of the ongoing wide-ranging expert and political debate about what government officials and presidents should be guided by in matters of circulation of virtual and, in particular, backed (secured) tokenized assets.

The logic of the presentation and judgments in the paper is related to the step-by-step consideration of such issues: (1) the basic political approach of the International Monetary Fund and its discussion from a public-management point of view; (2) institutional and administrative risks for governments regarding the full implementation of the IMF’s 2023 policy recommendations on the regulation of virtual assets; (3) widespread standards for the prudent (prudential) circulation of virtual assets, which were developed by other authoritative supranational organizations; (4) an overview of key problems in the coordination of multi- and single-level approaches to the regulation of virtual assets; (5) highlighting 5 regulatory approaches in the ways and scope of governmental (national) regulation of virtual assets currently operating in the world; (6) author’s comparison and assessment of regulatory approaches; (7) assessment of Ukrainian prospects in supporting technological innovations in the field of circulation of virtual assets in the context of the adoption of the new law «On Virtual Assets» in 2023.

The author makes the final conclusion that, generally, modern regulatory efforts of supranational and state regulators in the field of circulation of virtual assets are mostly focused on the problems of illegal financing, unfair competition and the integrity of new and old markets of financial assets, as well as focused on requirements for experience and financial stability of private service providers in the field of virtual assets. However, there is a growing understanding that regulators will arrive at a more or less single or multiple regulatory approach, which will be set at the supranational level, and this will only facilitate technological innovation. Such an approach will most likely be combined – based on regulatory flexibility and on the basis of principles (expected results).

Legal role of artificial intelligence in institutionalization of public governance

Balo Snizhana, Andrii Khmelnytskyi — Wed, 15 Nov 2023 00:00:00 +0000

This article explores the legal role of digital systems in the institutionalization of public administration in the context of decentralization, with a focus on the role of artificial intelligence (AI) in state management processes. The objective of the article is to define the legal role of AI and organized computer systems in state management processes and public administration. It identifies the factors that contribute to or hinder the effectiveness of integrating digital systems into legal institutions and relationships in Ukraine, with a specific determination of their distinct legal status. The research adopts a neo-institutional approach to analyze the legal institutionalization in various spheres of public administration.

The article examines factors and elements that limit the effectiveness of AI usage in legal institutions during the process of decentralization and redistribution of executive powers, as well as in building a new quality of interaction with citizens and civil society. This material can serve as a foundation for studying ways to intensify the involvement of AI-based engineering systems in legal institutions in various aspects of public administration.

Ukrainian scholars are encouraged to actively research the opportunities and challenges associated with AI implementation in public administration. Firstly, it is crucial to investigate the legal framework regulating the utilization of AI in state structures and institutions. Active collaboration with human rights organizations and other stakeholders is essential to ensure compliance with transparent and ethical standards in AI utilization in governance. Additionally, researchers should provide recommendations on establishing mechanisms for monitoring and auditing the implementation of AI to ensure its efficiency and compliance with legislation. Such an approach will contribute to the successful institutionalization of public administration using AI and promote the development of a modern and efficient system of state governance in Ukraine.

Communicative approaches to support desired organizational changes in quality of public services

Yevhen Krasnykov — Wed, 15 Nov 2023 00:00:00 +0000

The paper actualizes the issue of the use by the leaders of public organizations of communicative approaches to the implementation of organizational changes and overcoming resistance to improve the quality of public services. The aim of this paper is to investigate the development and promotion of communicative approaches to organizational changes aimed at improving the quality of public services and effectively countering resistance from public organization leaders to these changes

To enhance public service quality and overcome organizational resistance to change, altering perspectives on change is essential. This means shifting how employees view their professional environment. There’s no one-size-fits-all approach; multiple viewpoints coexist regarding understanding a changing world. This explains why some leaders prefer a rational change approach while others opt for experimentation.

The article introduces a communicative approach that stresses the importance of linking internal thought processes to external actions for implementing necessary changes. Thinking skills essential for change formulation are inseparable from social skills needed for execution. Through communication, individuals can change their external environment and their own thinking. This, in turn, can impact public organizations and improve service quality.

The author substantiates that the use of these methods of working with personnel allows to increase in the level of readiness of heads of public organizations at the individual and group levels, to reduce resistance, and to increase the level of efficiency of implementation of organizational changes to improve the quality of public services.

Building effective governments in developing countries: from a global goal to intelligent action (experience of Brazil)

Svitlana Gazarian — Wed, 15 Nov 2023 00:00:00 +0000

The problem of creating effective governments in developing countries within the framework of the existing global system, while protecting their sovereignty and national power, is studied. An interdisciplinary approach to the study of the topic is highlighted. It is shown that the answer to the search for objective criteria for evaluating the results of administrative activity, which would testify to its effectiveness, is currently considered to be the Good Governance concept. One of its key principles is the principle of effectiveness, which consists in achieving the maximum possible positive result in accordance with the needs of society, given the most rational use of resources. An analysis of the effectiveness of the Government of Brazil, which has undergone repeated attempts to reform public administration, has been made. However, bureaucracy still remains one of the biggest problems of the state. It was noted that in the countries of Latin America, the reforms implemented under the influence of international institutions have been yet unsuccessful due to substantial socioeconomic inequality, political instability, and institutional culture and management based on Weberian principles. It is emphasized that the key obstacle to reforms is that the need for administrative changes is not rooted in the minds of administrators and managers. The values of the ‘government effectiveness’ indicator for Brazil and Ukraine are compared. A gradual positive dynamics of Ukrainian government’s activity (as distinct from that of the Brazilian government) is noted, which is assumed to be due to cooperation with society and the implementation of European values and standards of Good Governance. The focus is laid on the possibility of applying a mixed, hybrid approach to improving governance efficiency in developing countries. Its reference point is a competent government, the effectiveness of which is enhanced by the use of information technologies of new generation (artificial intelligence, etc.), and issues of transparency and accountability are measured by the public using established parameters. It is proposed to expand the knowledge about the concept of ‘Intelligent Governance’ with the provision about the professional intelligence of officials as a lever for increasing government efficiency. It has been concluded that to ensure the effectiveness of the government in developing countries, it is important to focus on the cooperation between the authorities and the public for their general mutual benefit.

Recommendations for implementing distributed ledger technology (blockchain) in the public sector of Ukraine based on global experience

Oleksandr Basiuk — Wed, 15 Nov 2023 20:58:19 +0000

Integrating new technologies such as distributed ledger technology into government systems is a multifaceted process characterized by numerous potential benefits, associated costs, and risks. Previous and existing pilot implementations of blockchain-based software solutions in the public sector have demonstrated that this technology can have varying impacts depending on contextual factors, including the specific type of chosen government service. Furthermore, within each distinct area of public services, the implementation of e-governance technologies can yield different outcomes for various stakeholders, including government entities, public servants, and citizens.

Therefore, this article provides a review and analysis of global experiences with the utilization of distributed ledger technology in various domains of the public sector. To achieve this, several countries with advanced expertise in e-governance and the implementation of distributed ledger technology-based solutions were identified. Drawing from the experiences of these nations and considering the unique features, advantages, maturity level of blockchain technology, and existing solutions based on it, general recommendations were formulated regarding the implementation of distributed ledger technology (blockchain) in Ukraine’s public sector.

A phenomenon of environmental security: categorical and conceptual approaches in the context of public governance

Oksana Radchenko — Wed, 15 Nov 2023 00:00:00 +0000

The article analyzes the phenomenon of environmental safety as one of the most important issues of today’s reality, which reflects the impact of human activity in various fields on the surrounding natural environment, which is an acute and urgent problem of our time, which actualizes the need for scientific understanding of the phenomena and processes of both global environmental changes and direct human influence on the state of the environment in the context of public management and regulation of the processes of ensuring the environmental security of national states and the entire world community.

The purpose of the research is to elaborate and systematize scientific categories, concepts and definitions of the sphere of public management and administration, related to the issues of ensuring environmental safety.

Due to the wide scientific attention and the intensity of the disclosure of the problems of the phenomenon of ecological safety in the scientific discourse, there is an inevitable conflict in the interpretation and understanding of certain scientific categories and definitions of a logical chain of concepts related to the root concept, which in this case is ecological safety. A certain solution to this scientific contradiction is the disclosure of the interrelationship of the main definitions of the categorical-conceptual apparatus of public administration in the context of scientific attention to two interdependent and at the same time relatively independent branches of the root concept of “environmental safety”, where the first considers the safety of a person and his life activities, proposed in this article. and the second is security in the state dimension.

Some academic discourse on environmental security issues demonstrates different approaches and visions of related categories and concepts, but is unified in the understanding that in the modern philosophy of public management, the cornerstone of effective management should be sustainable development based on caring for nature, reducing the anthropological burden on the noosphere, rational use of natural resources with a gradual transition from hydrocarbon energy to renewable, balanced human interaction with the living environment for future generations.