Foreign experience in submitting electronic petitions as a means of public influence on the activities of public authorities
Abstract
The emergence of the institution of petitions to public authorities at its initial stage was due to the natural reaction of certain segments of the population to the despotism of authoritarian rule, and at first, there were few signs of spontaneity and disorganization. Only with time did the direction of appeals gain its constitutional and legal basis in many countries.The task of the research is to systematize the foreign experience of submitting electronic petitions to public authorities, and on this basis to formulate and substantiate proposals for relevant practice in Ukraine.
Today, the practice of submitting petitions in this direction has become commonplace for countries with a stable tradition of democratic governance. In today's conditions, the institute of electronic petitions began to form rapidly. For example, the relevant experience of those countries that seems most meaningful and instructive for countries with unstable traditions of democratic governance is given below.In the United Kingdom, the institution of electronic petitions has been used for the first time in the world. In this country, petitions are traditionally registered on the government's website. In the United States, the "We the people" project has been launched, which allows you to apply with an electronic petition to the US Presidential Administration.
In Poland, in accordance with the provisions of the Basic Law, everyone has the right to file petitions and complaints in the interests of society for himself or another person.In Ukraine, the legal basis for the outlined channel of public interaction with public authorities is due to the Law "On Amendments to the Law of Ukraine" On Citizens' Appeals "regarding electronic appeals and electronic petitions".At the same time, there are still many obstacles to the full approval of the institute of electronic petitions in Ukraine. This applies, in particular, to both purely formal factors and the imperfection of the mechanism for submitting and passing electronic petitions.
Thus, the resource for submitting petitions (especially electronic ones) is an integral part of a democratic state and modern public administration. However, the introduction of the institute of electronic petitions inevitably led to a number of difficulties and shortcomings associated with their submission. First of all, it should be emphasized the quantitative unevenness of petitions to the highest state bodies of different branches of government.
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References
Yemelyanova, A.G. (2016). Analiz pravovoyi rehlamentatsiyi prava na petytsiyi u konstytutsiyakh yevropeyskykh krayin [Analysis of the legal regulation of the right to petition in the constitutions of European countries]. Collection of scientific works of Kharkiv National Pedagogical University named after GS Skovoroda. “Right”, іssue 25, 85–93 [in Ukrainian].
Dzvinchuk, D.I. (2016). Mekhanizmy demokratiyi uchasti: sut’ ta osoblyvosti zastosuvannya na mistsevomu rivni [Mechanisms of participatory democracy: essence and features of application at the local level]. Theory and practice of public administration, іssue 1 (52), 14–22 [in Ukrainian].
Getting Involved: Petitioning the Scottish Parliament. URL: https://www.parliament.scot/gettinginvolved/petitions/index.aspx.
Nesterovich, V.F. (2014). Petytsiyna forma vplyvu hromads’kosti na pryynyattya normatyvno-pravovykh aktiv u SSHA [Petition form of public influence on the adoption of regulations in the United States]. Bulletin of the Ministry of Justice of Ukraine, 3, 96–102 [in Ukrainian].
Basic Law of the Federal Republic of Germany of May 23, 1949. URL: http://www.concourt.am.
Mark von Lupke, Olga Kapustina. Naskolko effektivny onlayn-petitsii v Germanii. [How effective are online petitions in Germany]. URL: https://www.dw.com [in Russian].
Nedbay, V.V. (2014). Narodni petytsiyi v polityko-pravoviy systemi: zarubizhnyy dosvid [People’s petitions in the political and legal system: foreign experience]. Legal scientific electronic journal, 6, 25–28. URL: http://www.lsej.org.ua/6_2014/6.pdf [in Ukrainian].
Konstytutsiya Polskoyi Respubliky (z peredmovoyu Volodymyra Shapovala). (2018). [Constitution of the Republic of Poland (with a foreword by Volodymyr Shapoval)]. Kyiv [in Ukrainian].
Schemat rozpatrywania petycji w Sejmie. URL: https://www.sejm.gov.pl/ sejm9.nsf/page.xsp/schemat.
Public of Lithuania Law on Public Administration. URL: file:///C:/Users/Валентина/Downloads/Lithuania_law_public_administration_am2013_en.pdf.
On Amendments to the Law of Ukraine “On Citizens’ Appeals” Concerning Electronic Appeals and Electronic Petitions: Law of Ukraine of July 2, 2015 № 577-VIII. Vidomosti Verkhovnoi Rady Ukrainy, 35, 341.