THEORETICAL FOUNDATIONS OF PUBLIC ADMINISTRATION IN LAND MANAGEMENT IN UKRAINE
Abstract
The article substantiates that in the land management system it is appropriate to consider the concept of “public administration”, which in contrast to “state administration” involves targeted cooperation of state executive bodies and local governments, as well as public (non-governmental) organizations and structures to ensure implementation of legislative acts on rational use and protection of lands, planning of territories. We noted that the activity of executive bodies in the system of land resources management, which today is the State Service for Geodesy, Cartography and Cadastre, fully means the definition of “public administration”, which is considered by the following scientists in their scientific works as V. Averianov, O. Amosov, N. Havkalova, V. Kolpakov, V. Malinovskyi and others.
The author’s definition of “public administration” in the concept of public administration in the land management system was based on the generalization of scientific views on the category as a legally regulated activity of the entire system of executive bodies and local governments, as well as officials within their competences. This definition is justified by its publicity, as it is committed in the public interest and is aimed at implementing an effective public policy in the sphere of land relations.
It is determined that public administration in the land management system is related to the executive branch and is considered as a professional activity of civil servants aimed at implementing state policy in the sphere of topographic and geodetic and cartographic activities, land relations, land management, in the field of State Land Cadastre, state supervision (control) in the agro-industrial complex in terms of compliance with land legislation, use and protection of land of all categories and forms of ownership, soil fertility. In the process of decentralization, which has been going on for more than 5 years, a new subject of land resources management appears, that is local self-government bodies, which powers in the sphere of land relations are defined by Art. 6-12 in Land Code of Ukraine. Among such authorities, the main one is the disposal of the lands of the territorial community and the planning of their long-term use for the sustainable development of the community.
Downloads
References
Averianov, V. (2003) Reformuvannia ukrainskoho administratyvnoho prava: gruntovnyi pryvid dlia teoretychnoi dyskusii. Pravo Ukrainy. Law of Ukraine, 5, 117–122 [in Ukrainian].
Amosov, O. (2014) Publichne administruvannia v Ukraini: zviazok z arkhetypamy ta priorytety rozvytku. Publichne upravlinnia: teoriia i praktyka: zb. nauk. prats. Public administration: theory and practice: coll. sc. works, 2 (18), 7–13 [in Ukrainian].
Zemelnyi kodeks Ukrainy: Zakon Ukrainy vid 25.10.2001 r. № 2768-III. VVR Ukrainy – Information of the Verkhovna Rada of Ukraine, 3–4, art. 27.
Entsyklopedychnyi slovnyk z derzhavnoho upravlinnia [Encyclopedic dictionary of public administration]. (2008). Yu. Kovbasiuk (Ed.). Kyiv: NADU [in Ukrainian].
Kolpakov, V. (2013) Administratyvno-pravovi vidnosyny: poniattia i vydy. Yurydychnyi naukovyi elektronnyi zhurnal - Legal scientific electronic journal, 1. URL: http://www.lsej.org.ua/1_2013/ukr/Kolpakov.pdf [in Ukrainian].
Malynovskyi, V. (2005). Slovnyk terminiv i poniat z derzhavnoho upravlinnia [Dictionary of terms and concepts of public administration]. Kyiv [in Ukrainian].
Semenchuk, T.B. Sutnist katehorii “publichne administruvannia” ta peredumovy yii formuvannia. Visnyk ekonomiky transportu i promyslovosti: zb. nauk.-prakt. [Bulletin of Transport Economics and Industry coll. sc. works], is. 42, 385–390. Kharkiv: UDAZT [in Ukrainian].
Sharov, Yu.P. (2010) Innovatsiini instrumenty publichnoho administruvannia: yevropeiskyi kontekst. Publichne upravlinnia: teoriia ta praktyka: zb. nauk. pr. – Public administration: theory and practice: coll. sc. works, 1, 5–9. Kharkiv [in Ukrainian].
Shura, N.O. (2016) Pryntsypy publichnoho administruvannia yak rehuliatory sotsialnoekonomichnykh protsesiv u natsionalnii ekonomitsi. Ekonomika ta upravlinnia natsionalnym hospodarstvom – Economics and management of the national economy, is. 14, 260–264 [in Ukrainian].
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).