Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.40 N° 73
Julio
Diciembre
2022
Recibido el 14/03/2022 Aceptado el 28/05/2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
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de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
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Vol. 40, Nº 73 (2022), 435-453
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Administrative and legal regulation
of public relations regarding the use of
human resources in Ukraine
DOI: https://doi.org/10.46398/cuestpol.4073.23
Mykola Turkot *
Nataliіa Shevchuk **
Yurii Shpak ***
Oleksandr Turchak ****
Dina Tereshchenko *****
Abstract
The article is devoted to the study of the current problems of
administrative and legal regulation of public relations regarding
the use of human resources in Ukraine. The problematic
aspects of the functioning of the legal mechanism of the public
administration in this area are identied and the main directions
of its improvement are identied. The authors state that currently one of the
key problems of the interaction between the individual and the State is the
uncertainty and imbalance of certain components of the legal regulation of
this area, the inadequate interaction of the elements of this system. In this
regard, proposals have been made to improve the legal and organizational
support for the interaction of the issues of administrative and legal regulation
of public relations on the use of human resources in Ukraine. It concludes
on the desirability of passing a law on general administrative procedure in
the eld of legal regulation of administrative services in Ukraine, in order to
eliminate gaps in relations between public administration bodies (including
municipalities) and individuals, highlighted the prospects of widespread
application of the e-government practitioner.
Keywords: human resources; administrative and legal regulation; access
to information; administrative services; e-government.
* Candidate of legal sciences, Associate Professor, department prosecutor of Prosecutor General’s Oce,
Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0001-9457-8871
** Ph.D., Associate Professor, Head of the Department of Management and Social Sciences and
Humanities, Lviv Branch of the European University, Lviv, Ukraine. ORСID ID: https://orcid.
org/0000-0003-4903-1986
*** Candidate of legal sciences, deputy mayor of the Mykolaiv city council of the Lviv region, Lviv, Ukraine.
ORСID ID: https://orcid.org/0000-0003-4769-8883
**** Doctor of Science in law, Professor at the Humanitarian Department, Lviv State University of Physical
Culture named after Ivan Boberskyj, Lviv, Ukraine. ORСID ID: https://orcid.org/0000-0002-1806-
5289
***** Doctor of Sciences in Public Administration, Associate Professor, Professor at the Department of
sociology and public administration, National Technical University «Kharkiv Polytechnic Institute»,
Kharkiv, Ukraine. ORСID ID: https://orcid.org/0000-0003-0633-0097
436
Mykola Turkot, Nataliіa Shevchuk, Yurii Shpak, Oleksandr Turchak y Dina Tereshchenko
Administrative and legal regulation of public relations regarding the use
of human resources in Ukraine
Regulación administrativa y legal de las relaciones
públicas con respecto al uso de recursos humanos en
Ucrania
Resumen
El artículo está dedicado al estudio de los problemas actuales de la
regulación administrativa y legal de las relaciones públicas con respecto
al uso de recursos humanos en Ucrania. Se identican los aspectos
problemáticos del funcionamiento del mecanismo legal de la administración
pública en esta área y se identican las principales direcciones de su
mejora. Los autores arman que actualmente uno de los problemas clave
de la interacción entre el individuo y el Estado es la incertidumbre y el
desequilibrio de ciertos componentes de la regulación legal de esta área, la
interacción inadecuada de los elementos de este sistema. En este sentido,
se han formulado propuestas para mejorar el apoyo legal y organizativo
de la interacción de los temas de regulación administrativa y legal de
las relaciones públicas sobre el uso de recursos humanos en Ucrania. Se
concluye en la conveniencia de aprobar una ley sobre el procedimiento
administrativo general en el campo de la regulación legal de los servicios
administrativos en Ucrania, con el n de eliminar las brechas en las
relaciones entre los organismos de la administración pública (incluidos
los municipios) y las personas, destacó las perspectivas de una aplicación
generalizada del practicante del gobierno electrónico.
Palabras clave: recursos humanos; regulación administrativa y legal;
acceso a la información; servicios administrativos;
gobierno electrónico.
Introduction
The end of the XX - beginning of the XXI century is marked by
the processes of globalization of social and economic institutions, the
signicant scale and pace of innovative development, which determine the
main directions of development of modern society. Besides, еhe COVID-19
pandemic has had a great impact on public relations, the economy, and
the nancial system of the countries of the world (Nusratullin et al.,
2021). The main source of innovative development of countries is human
resources, which are formed primarily through social investment. The rapid
development and introduction of information and computer technologies
in the context of globalization, the intellectualization of labor, lead to the
transformation of the structure and content of human resources, the nature
of its impact on innovative development.
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Vol. 40 Nº 73 (2022): 435-453
Ensuring sustainable rates of socio-economic development, attracting
investment in both xed assets and technology and human development
in accordance with the proposed by the Government of Ukraine economic
growth strategy (Strategy of economic growth), is impossible without
eective cooperation of government, business, and society (man). According
to the Strategy, “by 2024, Ukraine should move to the top group of the
human capital index, and life expectancy will grow to 75 years”. In addition,
today, at the level of ocial institutions, the system of state management
of human development is represented by separate elements, such as
management of education, health care, employment, social protection.
These elements are multi-level systems, built on a hierarchical principle,
which determines: the scope of management at each level, the sequence
and subordination of management levels, distributed functions vertically
and horizontally, duties, rights and responsibilities. At each level of
management, the placement of elements and the form of their connections
implies a certain autonomy. This leads to the lack of: rst, a comprehensive
approach to the problem of human development management; secondly,
responsibility for the available result (Pospelova, 2011).
The state and local governments also shape the sphere of labor, social,
institutional, and other mobility for citizens and employers. In market
conditions, the formation and competitiveness of human resources are
one of the main functions of the state (Libanova, 2008), which should
determine the prospects for the domestic economy to a qualitatively new
level, the orbit of innovative development.
Solving the complex problem of human resource formation requires the
cooperation of all stakeholders in a particular eld (health, education and
science, culture, environmental safety, public services, etc.), so the main
scientic task is to develop organizational and legal measures to implement
the principles of governance in the practice of government structures in
three main areas: the development of public-private partnerships, the
development of public service delivery and the creation of favorable
conditions for eective interaction between dierent levels of public
authority (central, regional, local), aimed at achieving a common goal -
meeting public needs.
An important problem for the domestic system of government is
the search for alternative concepts of public administration and their
implementation in modern state-building practice. This issue is particularly
relevant given that, having ratied the Association Agreement between
Ukraine, on the one hand, and the European Union, the European Atomic
Energy Community, and their Member States, on the other, Ukraine has
dened public policy as such that aimed at bringing the standard of living
of Ukrainian citizens closer to European standards, rooting European
values in all spheres of functioning of the Ukrainian state and society
(Melnychenko, 2020).
438
Mykola Turkot, Nataliіa Shevchuk, Yurii Shpak, Oleksandr Turchak y Dina Tereshchenko
Administrative and legal regulation of public relations regarding the use
of human resources in Ukraine
In this context, the search for ways to reduce the negative impact of
transformation processes on the formation and use of human resources,
nding opportunities for its development, considering the relationship
between the level of socio-economic development of regions and the degree
of their dierentiation, on the one hand, and human quality resource - on
the other.
1. Methodology of the study
The methodological basis of the scientic article is a set of methods of
scientic knowledge and general scientic principles of research, which are
based on the fundamental principles of the science of public administration
and related sciences.
The research is based on systemic and synergetic approaches, as well
as a set of methods that ensure their implementation, in particular: logical
and semantic - to deepen the conceptual apparatus and determine the
essence and content of mechanisms of state regulation of human resource
development in Ukraine; comparative analysis - to study the existing
methodological approaches, concepts, developments and proposals and to
identify patterns, dierences, features and common characteristics of the
mechanisms of state regulation of human resource development in dierent
countries; system-analytical - for the analysis of legislative acts and other
normative-legal documents on the peculiarities of state regulation of
human resource development in Ukraine; historical - to study the genesis
and development of methodological approaches.
The evolution of mechanisms of state regulation of human resource
development in Ukraine in chronological order; analysis and synthesis - to
assess the dynamics and eectiveness of mechanisms for state regulation
of human resource development in Ukraine; observation and theoretical
generalization - to reveal the reasons that destabilize the system of state
regulation of human resource development in modern conditions; abstractly
logical - for generalization of theoretical positions, establishment of causal
relations and formation of conclusions and oers. The information base
is legislative and normative acts on issues of state regulation of human
potential development, namely: Laws of Ukraine, Decrees of the President
of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine,
etc.
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2. Analysis of recent research
In the period of changing the technological way of life, the rapid
development of new methods of production, the leading role of innovative
ways of development, researchers pay considerable attention to nding
ways to form appropriate to modern conditions of human resources. Among
them are the works of T. Pospelov (Pospelova, 2011), B. Melnychenko
(Melnychenko, 2020), M. Inshin (Inshyn, 2013), E. Libanova (Libanova,
2008), D. Tereshchenko (Tereshchenko, 2019), A. Shahno (Shahno, 2019),
S. Yehorycheva (Lakhyzha and Yehorycheva, 2021) and other scientists.
Without diminishing the scientic achievements of scientists, it is
advisable to conduct a comprehensive analysis of factors inuencing the
formation of human resources at the state, regional and local levels, to
determine the features of administrative and legal regulation of public
relations with priority of human rights and freedoms. The functioning of
the mechanisms of interaction between the system of government, business
and society, their optimization in order to form and develop human
resources in Ukraine, are insuciently studied, which necessitates further
research eorts in this direction.
The purpose of the scientic article is to substantiate the theoretical
foundations and develop practical recommendations for improving the
communicative support of state regulation of human resources in Ukraine
based on modern concepts of public administration, as well as to formulate
proposals aimed at implementing public policy of Ukraine in implementing
new means of administrative regulation legal relations at the national and
local levels.
3. Results and discussion
In recent years, the concept of human resources has become increasingly
popular. Its study with the involvement of this category in scientic use
is interdisciplinary in nature and takes place within sociology, economic
theory, culturology and other sciences. We consider it important to clarify
the relationship between the concept of “human resources” and related ones,
such as “human capital”, “labor potential” and others. This is important for
both theoretical and practical research.
Considered in relation to the individual labor potential corresponds to its
workforce, which acts in a certain socio-economic quality (socio-economic
form). At the level of society, labor potential should be understood as a
social combination of those personal qualities, abilities, knowledge, and
skills of people that they use or can use in social production at this stage
of its development. Thus, labor potential is only one of the subsystems of a
larger category of “human resources”.
440
Mykola Turkot, Nataliіa Shevchuk, Yurii Shpak, Oleksandr Turchak y Dina Tereshchenko
Administrative and legal regulation of public relations regarding the use
of human resources in Ukraine
Human capital means the stock of abilities, knowledge, skills and
motivations embodied in the human personality, which arose as a result
of purposeful investment in it (Inshyn, 2013), it is all that determines the
productivity and quality of human labor, its contribution to socio-economic
development (The importance of human capital development in the modern
world. What should be the strategy of Ukraine, 2021). Today, the main
types of investment in a person are education, industrial training, health
care, migration, market information, birth, and upbringing of children. It
is worth noting that the term “human capital” is an economic category used
by scientists to clarify the role of social institutions, economic analysis of
the impact of social factors on the market economy.
“Human resource” is a universal sociological category that can be used
for comparative analysis, determining the level of social transformations
(characteristics of the country’s social power based on its population),
assessing the dynamics of social systems (individual societies, communities,
regional and municipal society, social organizations, and organizational
social groups). But social development must, rst, be assessed by changes
in the very human essence. The development of society is not only a
continuous complication of the social organization of the system, but also
the formation of a person with a certain set of physical, educational, social
potential.
Thus, the concept of human resources in the scientic literature is
ambiguous depending on the industry aliation in the research eld and the
debatability of the denition. A broad interpretation of the concept allows
it to be applied in dierent cognitive directions in dierent interpretations
depending on the specics of the eld of scientic knowledge. However,
common to all denitions is the understanding of “resource” as a certain
potential, a set of accumulated meaningful qualities of the object, which can
be purposefully implemented under certain conditions, as well as improved.
In our opinion, the term “human resource” is deeper than the concepts
of “human capital” and “labor potential”, as it characterizes the socio-
economic, cultural, environmental, and other aspects of human living
conditions, it reveals ways to realize opportunities in the context of social
development. Given the subject of the study, we consider it appropriate to
operate in a scientic article with the term “human resource”, which is a
universal sociological category, which is more characteristic of the sciences
of the legal cycle.
The issue of administrative and legal regulation of public relations
regarding the use of human resources in Ukraine is complex and needs to
be claried in at least two areas: legislative and law enforcement.
Ukraine has dened the state policy as one aimed at bringing the
standard of living of Ukrainian citizens closer to European standards,
441
CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 435-453
rooting European values in all spheres of functioning of the Ukrainian state
and society. In this context, the normative regulation of the formation of
the mechanism of administrative and legal support of public administration
plays a signicant role. Such normative consolidation must comply with
European standards of public administration, which are based on the
observance of the rights and protection of the interests of citizens, the
rule of law, the provision of quality administrative services, and so on. At
the same time, it is of fundamental importance to improve the activities
of public institutions, the procedures they use, and to establish a dialogue
between citizens and the authorities on governance mechanisms.
In this direction, starting from 2015, the Cabinet of Ministers of Ukraine
and the Verkhovna Rada of Ukraine, with the active assistance of Ukrainian
and European experts, laid the legal framework for public administration
reform in Ukraine, adopting the new Law of Ukraine «On Civil Service» of
10 December 2015. № 889-VIII with the necessary bylaws (Law of Ukraine
«On civil service»); Strategy for reforming the public nancial management
system for 2017–2020, approved by the order of the Cabinet of Ministers
of Ukraine of February 8, 2017 № 142 (Strategy for reforming the public
nancial management system).
The concept of introduction of positions of specialists on reform issues,
approved by the order of the Cabinet of Ministers of November 11, 2016
№ 905 (Concept of introduction of positions of reform specialists); The
concept of optimization of the system of central executive bodies, approved
by the order of the Cabinet of Ministers of December 27, 2017 № 1013
(Concept of optimization of the system of central executive authorities);
Concept of e-government development in Ukraine, approved by the order
of the Cabinet of Ministers of Ukraine dated September 20, 2017 № 649
(Concept of e-government development in Ukraine), National Strategy
for Civil Society Development in Ukraine approved on September 26
2021 № 487/2021 (On the national strategy for promotion of civil society
development in Ukraine) etc.
In order to transform the system of public administration into a system
of public administration and stimulate the participation of civil society in
the implementation of state policy on the formation and development of
human capital, it is advisable to prepare and adopt laws of Ukraine «On
Public Administrations in Ukraine», «On Central Public Administrations»
of territorial administration», «On local public administrations», «On social
responsibility of business», «On local referendum», «On public budget».
The results of the study show that the current regulatory framework for
public administration of human resources includes a number of legislative
acts that regulate certain areas of socio-economic activity in Ukraine
(education, health care, social protection, etc.). However, there is a lack of
legislative acts aimed at the formation and development of human resources
442
Mykola Turkot, Nataliіa Shevchuk, Yurii Shpak, Oleksandr Turchak y Dina Tereshchenko
Administrative and legal regulation of public relations regarding the use
of human resources in Ukraine
in Ukraine and a central executive body that would coordinate the actions
of subjects and objects of government and public relations in the system of
«man-power society».
Their absence at this stage of transformation in the country slows down
innovation processes, as well as the adaptation of social institutions to work
in modern conditions, with the expectation of signicant changes in the
near future.
Today’s tasks for the introduction of e-government in Ukraine are not to
create new principles and approaches, but to develop a specic system of
measures and sequence of their implementation, determining the size and
forms of state legal, political, nancial, and administrative support. Such
a strategy should be developed not only at the central level, but also at the
regional and local levels, considering their specics.
At the same time, the basis of the relevant transformations in state
and governmental structures is the willingness of citizens to use the
opportunities of information technology, evaluate their benets, nd new
applications directly for their lives, business, social and scientic activities,
education and more. This process should be initiated jointly by three sectors
- public, public, and business.
Today, e-democracy tools provide many new channels for community-
to-government feedback. They also allow the justication of decisions from
the authorities to the community. This new circumstance for Ukraine poses
new challenges to communication between government and society (Shiyan,
2019). Electronic technologies allow the development of democratic
procedures, their importance is that they can be communicative, not just
informative. Therefore, the democratization of government institutions,
the possibility of increasing the participation of citizens at every stage of
government relation contributes to the democratization of the state.
In each country, democratic and human values, as well as ethical
considerations, are integral parts of the technological aspects of
e-democracy, driven by the demands of democracy, not technology. At the
same time, e-democracy does not promote any specic type of democracy
and soon will become an integral part of the public administration system,
in connection with which the authorities must do everything possible
to increase public condence in government. E-democracy is a form of
realization by citizens of their political and civil rights using digital or
information and communication technologies.
As a form of realization of rights, e-democracy should be considered
as an alternative (subsidiary) option to traditionally recognized ways and
practices of law enforcement. Therefore, the purpose of implementation is
to promote the expansion of opportunities for the realization of citizens’
rights. A feature of e-democracy as a component of the social institution of
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democracy in the modern information society is its bilateral usefulness for
the subjects of the political-constitutional process. For citizens, it consists
in the possibility of real participation in the activities of public authorities,
and for the subjects of power relations - in the possibility of obtaining real
public opinion.
Prospects for expanding the range of applications and, consequently,
increasing the availability of direct democracy procedures through the use
of information technology are determined primarily by: the need to create
conditions for systematic public involvement in public administration
and solve all pressing problems; the need to direct public initiatives in the
plane of constructive interaction with the state; requirements for ensuring
openness and transparency in the activities of the management sta. In
addition, awareness of one’s own involvement in state-building processes
will certainly contribute to the development of an active civil position as
one of the main conditions for the formation of a capable civil society.
In Ukraine the development of e-democracy and e-government is seen
as one of the priorities of the Strategy of state policy for promoting the
civil society in the context of optimization mechanisms of social dialogue
and the institutions of direct democracy (Presidential Decree Ukraine “On
strategy public policy development of civil society in ukraine and priority
measures for its implementations”).
Agreeing with many scholars on the prospects of e-government, it is
necessary to state the existence of the following systemic barriers to its
spread in Ukraine: uncertainty of public policy in this area, promising
ways to implement it; imperfection of the regulatory system; low level of
involvement of civil society actors in the processes of improving public
policy in the eld of e-democracy, as well as in the implementation
of its individual tools; insucient level of information infrastructure
development, inequality of access to the Internet and information computer
technologies; low level of awareness about the content and peculiarities of
using various tools of e-democracy, etc.
The main forms of interaction of civil society with public administration
in the countries of the European Union are determined by scientists: the
provision of social services; social entrepreneurship; exercising the right of
access to public information; conducting public consultations; conducting
public examination; conducting public monitoring; formation of advisory
bodies, etc.
The main priorities of public administration and administration are:
strengthening the foundations of local self-government in connection
with the decentralization of public power, improving the eectiveness of
management, which is directly related to updating the quality of government,
improving the quality of public services, including administrative variety, ie
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Mykola Turkot, Nataliіa Shevchuk, Yurii Shpak, Oleksandr Turchak y Dina Tereshchenko
Administrative and legal regulation of public relations regarding the use
of human resources in Ukraine
everything related to the satisfaction of the public interest (Melnychenko,
2020).
We share B. Melnychenko’s point of view that the strategic approach
to the formation of the communicative space of state regulation of human
resources formation involves going beyond the traditional set of such
categories as “target audiences”, “information ows”, “information product”
and the transition to communicative inuence on structures society,
the processes of human resource quality, national security and national
interests, taking into account the characteristics of subjects and objects
of government (in particular, socio-political and cultural) (Melnychenko,
2020).
The specicity of the partnership is the preservation of each of the
parties of relative independence in the main aspects of activity, equality,
mutual responsibility. This requires the creation of conditions for mutual
understanding and constructive interaction of public authorities, local
governments, political parties, public associations and organizations and
market institutions in the implementation of socially signicant projects
aimed at the formation and development of human resources.
This goal is achieved by regulating the processes of information
exchange, improving communication channels and cooperation, the use
of communication technologies, coordinated programs, plans, tasks,
synchronized with the action of communication processes and tools at the
national level.
In our opinion, among the main functions of the studied mechanism
should be distinguished: analysis and regulation of social relations;
development of strategy of communicative activity of public administration
and local self-government bodies; organization of eective “feedback”
of the authorities with business structures and society (person); public
involvement in the discussion and decision-making process; monitoring
and prompt response to individual needs, requests of target audiences;
ensuring the eectiveness of communications between the authorities and
the maximum satisfaction of the interests of all participants and society;
coordination, control of public opinion, monitoring of the processes taking
place in it, observation of the dynamics of public sentiment; establishment
of public control over the activities of public administration bodies and
local self-government bodies.
The activities of state executive bodies and other subjects of public
administration are not limited to by-laws but are also expressed in the
implementation of law enforcement, which is characterized by the issuance
of individual acts, which do not create rules of administrative law, but act as
legal facts the emergence, change and termination of administrative legal
relations are connected.
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Law enforcement activity (law enforcement) is usually considered
as one of the forms of realization of the right (along with use, execution,
and observance). Compared to other forms of law enforcement, it has a
signicant specicity since only authorized (competent) bodies can apply
legal norms. The application of legal norms takes place where the addressees
of legal norms cannot exercise their legal rights and obligations without the
mediation of the competent authorities. We can say that at a certain stage
of law enforcement is connected to the methods of direct implementation -
compliance, implementation, use.
Thus, administrative law enforcement is an authoritative activity of
public administration entities (state executive bodies and other entities).
Applying legal norms, the authorized body exercises its powers in relation
to specic life circumstances in relation to specic persons, which is
embodied in the form of a law enforcement (individual) act. In other
words, administrative law enforcement is a power-organizing activity of
public administration entities, their ocials, and ocials, which consists
in the individualization of legal norms in relation to specic subjects and
specic life circumstances in an individual (law enforcement) legal act of
management (Kartuzova and Osadchy, 2008).
Rulemaking and law enforcement as a result of the activities of public
administration tools of public administration in the eld of human resources
in Ukraine are quite necessary. After all, this, rst, makes it possible to
interpret far from specic provisions of the laws in order to clarify their
holistic meaning. And secondly, such activity results in the personalization
of legal norms in relation to specic subjects and specic life circumstances,
as a result of which the regulation of public relations in the eld of human
potential is carried out.
Administrative actions of public administration entities aimed at
ensuring the public interest can take a variety of external forms and thus
take the form of tools of public administration. The general features of the
tools of public administration include by-laws, jurisdiction, proper design,
the ability to appeal, and so on.
Creating convenient and aordable conditions for receiving
administrative services is one of the main tasks to be addressed by local
governments. After all, the main purpose of public administration is to
provide services, and it is the quality of services that every citizen evaluates
the competence and friendliness of the government.
Analyzing the development of modern administrative and legal
science and foreign experience in the legal regulation of relations between
administrative bodies and individuals, we can identify the basic requirements
that must be met by the law on administrative procedure. This law should
establish, on the one hand, the procedure for the adoption and operation
446
Mykola Turkot, Nataliіa Shevchuk, Yurii Shpak, Oleksandr Turchak y Dina Tereshchenko
Administrative and legal regulation of public relations regarding the use
of human resources in Ukraine
of individual administrative acts is mandatory for all administrative bodies
and, on the other hand, procedural guarantees for the protection of the
rights of individuals (Mandyuk, 2017).
In our opinion, the general law on administrative procedure should
contain the following provisions: it should reect the constitutional
principles of human rights and the principles on which public authority
should be exercised; it must determine the grounds and procedure for
initiating an administrative case; the procedure for preparing the case
for consideration; the procedure for resolving an administrative case, ie
direct consideration of an administrative case, adoption of an individual
administrative act and its execution; grounds and procedure for dismissal
of ocials of the administrative body who are considering the case and
persons who facilitate its consideration; it is necessary to establish the
order and determine the consequences of the introduction of individual
administrative acts; the law should establish a list of requirements that an
individual administrative act must meet in order to be considered lawful.
Given the subject of the study, special attention needs to be paid to
the issue of administrative services, which is currently focused on issues:
deregulation and administrative simplication; streamlining the payment
of administrative services; decentralization, ie the transfer or delegation
of powers to provide administrative services to local governments;
e-government.
Article 17 of the Law of Ukraine «On Administrative Services»
provides for the maintenance of the Unied State Portal of Administrative
Services (hereinafter - the Portal). Its main functions are to ensure:
access to information on administrative services; access to the necessary
documents (application forms, etc.); possibilities of electronic application
for administrative services (in the future), etc. (Law of Ukraine «On
administrative services», 2012).
The Portal should be an ocial source of information on the provision of
administrative services, which means that potential consumers of services
- the subjects of the application can link directly to the pages of the Portal
and the information contained in them when communicating with entities
providing administrative services and Administrative Service Centers. In
any case, nothing in Art. 17 of the Law should not be interpreted as a ban on
the creation of alternative electronic resources dedicated to administrative
services.
In order to better understand what a full-edged national electronic
resource for the provision of administrative services should be, it is possible
to turn to the best practices of developed democracies. The electronic web
resource (portal) for the provision of administrative services in Canada is
called «Service Canada». Information about administrative services on the
447
CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 435-453
Portal is grouped by typical life situations. In addition, a list of the 10 most
popular questions in the eld of public services is presented as a separate
group of information.
In accordance with the Communication Policy of the Government of
Canada, this Portal may use electronic media resources, social networks of
various formats (microblogs, le sharing, blogs and discussion forums) - to
provide potential consumers with information about services. In particular,
the electronic resource Twitter (for operative distribution of actual and
small-volume messages) and YouTube (for placement of video les and
presentations) is used.
At the same time, all important messages (changes in legislation, audit
results, etc.) are displayed on the portal and through ocial publications,
press releases. The Portal provides protection of private information and
personal data of consumers, and also contains detailed instructions on the
operation of the Portal and its information policy (Tymoshchuk, 2015).
The French Portal as the ocial website of French public services is a
very popular resource with over 4 million visitors per month. Its purpose is
to facilitate communication with the administration for citizens, businesses
and public organizations, provide them with convenient access to the
regulatory framework and inform them about their responsibilities. That is
why the site focuses primarily on the needs of consumers. The portal allows
communication not only via the Internet, but also by telephone using a
special service.
At the same time, consumers have the opportunity to provide comments
and advice on the site and on certain services. The portal provides access
to all information in the eld of administrative services, structured clearly
and simply by sections (groups). The main page lists three main groups of
services for the subjects of application: services for citizens, for business,
and for associations of citizens. The main page of the Portal also contains
a more detailed rubrication of services in the spheres of public relations:
issues of foreigners and citizenship; families; labor relations; justice; real
estate; health care and social services, etc. (Tymoshchuk, 2015).
Summing up the results of this block of research, it can be noted that
the topic of administrative services is clearly one of the most relevant for
Ukraine. The government’s activity should focus on the quality of services
and maximum simplication and deregulation.
It is also necessary to enlist the support of local governments and society
in this reform, and to do this we must demonstrate the will to decentralize
the powers to provide administrative services. It is important to emphasize
that without the adoption of the law on general administrative procedure,
the sphere of legal regulation of administrative services in Ukraine will keep
many gaps in the relations between public administration bodies (including
municipal ones) and private individuals.
448
Mykola Turkot, Nataliіa Shevchuk, Yurii Shpak, Oleksandr Turchak y Dina Tereshchenko
Administrative and legal regulation of public relations regarding the use
of human resources in Ukraine
The practice of addressing the public not only as an instance of approval /
disapproval of certain political decisions, but also as an equal partner of the
state in the development of public policy is becoming more widespread. In
the countries with the largest Internet audiences, examples of such skilled
complicity by active citizens have been most successful: in New Zealand, a
public police law revision of the new bill was introduced in 2007, to which
any citizen could amend; as a result, 234 proposals were received and taken
into account; according to experts, citizen participation has become one of
the key aspects in the law preparation process; in the United Kingdom, the
Greater Society initiative was launched in 2010 to increase the participation
of citizens and non-governmental organizations in solving social problems,
involving as many people as possible in making important social decisions;
since the end of 2010, the ocial government website of the initiative
has been operating, where anyone can leave comments, links and videos
(Dorodeyko, 2011).
The most common e-government tools used in Ukraine today at both
the national and local levels are e-consultations, e-petitions, e-appeals,
participation budgets (public budgets). Resources have also been created
for the publication of datasets in the form of open data, including through
electronic platforms such as Civil Society and Government, Smart City
or the Single System of Local Petitions, which combine several electronic
participation tools (Law of Ukraine «On approval of the concept of the
development of electronic democracy in ukraine and the plan of measures
for its implementation», 2017).
Dierent cities of Ukraine have started to implement various tools
of e-democracy: e-appeals, e-petitions, e-discussions, e-procurement,
e-budgets, e-public budgets (participation). Some cities create dierent
services on their own, such as e-petitions, electronic queues for
kindergartens or open data portals, while others use electronic platforms,
such as the «Single Petition System» or «Smart City», which combine several
e-petitions, participation tools. The choice of the model of e-democracy in
cities is entrusted directly to local governments and active citizens (Loboyko
and Nakhod, 2017).
A relatively new institution in the systematization of national forms of
direct democracy, institutionalized in Ukraine, is the institution of electronic
petitions. It was introduced by the Law of Ukraine «On Amendments to the
Law of Ukraine «On Citizens’ Appeals» Concerning Electronic Appeals and
Electronic Petitions» of July 2, 2015. According to it, citizens can apply to
the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of
Ministers of Ukraine, local governments with electronic petitions through
the ocial website of the body to which it is addressed, or the website of a
public association that collects signatures in support of electronic petitions
(“On amendments to the Law of Ukraine «On citizens appeals” regarding
electronic appeals and electronic petitions». Law of Ukraine of 02.07.2015).
449
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In fact, this law has provided ample opportunities for the introduction
of e-democracy in Ukraine. However, it is not without some systemic
shortcomings that complicate the implementation of this form of direct
democracy. In particular, the Law gives the right to submit electronic
petitions only to citizens of Ukraine, while according to Art. 40 of the
Constitution of Ukraine, all (not only citizens of Ukraine) have the right to
send individual or collective appeals to the relevant authorities.
At the same time, a signicant shortcoming of the Law is the lack of
a mechanism for verifying the signatures of citizens in support of the
electronic petition and determining the legality of the vote cast in its support.
In our opinion, the establishment of a high enough “threshold” for a special
procedure for consideration of electronic petitions by higher authorities
minimizes the inuence of citizens on public policymaking, while all other
petitions are considered according to the algorithm of ordinary citizens.
It should be emphasized that the main diculty in implementing
projects in the eld of e-government and interdepartmental projects is to
organize the process of adopting appropriate standards and harmonization
of information technology architectures of various organizations and
agencies.
In general, it can be concluded that the implementation of e-government
tools provides an opportunity to dramatically improve the quality of public
services to citizens. We see a new level of these services in the transformation
and improvement of the system of integration of departmental information
systems and state, regional and municipal information resources.
Integration of interdepartmental cooperation and provision of integrated
services through central government portals and portals of regional and
local authorities will increase the eciency of the state apparatus, reduce
opportunities for nancial fraud, law violations, tax evasion, etc.
Ensuring the competitive advantages of human resources in stimulating
the European integration process should include several public policy
measures in the elds of education, science, labor market, mobility and
management of economic development. Such conclusions are widely
conrmed by the experience of the European Union, where the main factor
in the development of human resources is to increase productivity and
employment, to establish relationships in public relations in the system of
“man-government society”.
Conclusions
Summarizing the above, it can be argued that the state policy on the
formation and development of human resources should focus on areas that
450
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Administrative and legal regulation of public relations regarding the use
of human resources in Ukraine
correspond to innovation processes in the economy, considering the needs
of Ukraine’s entry into the European and world space.
To implement this concept, the state must create an eective legal
platform aimed at legislative regulation: reforms in education, health,
economy, social security, environmental protection in order to improve
the quality of health care, bringing education closer to the needs of the
global market and the needs of specialists capable of creating, adapting
and using technological innovations, overcoming socio-economic and
environmental problems; development of multilevel public administration
in Ukraine, which will encourage public administration to form eective
communications with local governments, to provide conditions for
participation of private and public stakeholders in the formation and
implementation of public policy on the formation and development of
human resources; introduction of public control, innovative models of
public administration and stimulating the development of civil society,
which will consist of highly educated enterprising people who are able to
change and reform the country, to eectively defend their rights.
Regulatory legal support is needed to modernize the system of public
administration and administration; procedures for conducting electronic
consultations aimed at developing electronic participation of citizens in
public policy making; activities of public and charitable organizations in
such spheres of life as protection of human rights, health care, education,
social protection of the population, ecology, culture, etc.
Non-governmental, extra-budgetary, non-prot organizations whose
eld of activity is education, culture, health care, social assistance, housing
and communal services, sports, etc. can use resources such as volunteer
work, initiative and activity of members, psychological support, alternative
material resources in the form of donations, grants, membership fees and
direct income from business activities to human resource development.
In the process of creation and gradual implementation of the
e-government system in Ukraine, the tasks of information resources
management should be solved, namely: creation of information resources
necessary for public administration tasks and realization of constitutional
rights of dierent categories of citizens to public information services;
creation of an adequate regulatory framework; coordination of branch and
regional state structures on formation and use of the state information
resources, denition of the order and conditions of their use; ensuring
the eective use of state information resources in the activities of public
authorities and state institutions.
Ensuring free access of citizens and organizations to information
resources in accordance with current legislation; establishment of powers
and responsibilities of public authorities, enterprises and organizations,
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departments and individual specialists in the formation, protection and
use of state information resources; determining the composition of state
information resources required at each level of public administration to
ensure their formation, forms of submission, collection, introduction,
storage, processing and use; monitoring and correction of information
resources; organization of protection of state information resources, control
of integrity and use.
Ensuring the rights and freedoms of man and citizen through the
publicity of the administration is today perhaps the most important in
terms of administrative and legal reform of Ukraine. Access to information,
e-government of individual administrative acts, administrative agreements
will make the analysis of legal facts transparent for regulation by state
bodies and non-governmental institutions. At the same time, e-democracy
at the state and local levels involves a gradual process of implementation,
considering the interests of society and its individual citizens. Such
technology should be tested at dierent levels, implemented gradually and
with a reasoned analysis of specialists, experts.
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Esta revista fue editada en formato digital y publicada
en julio de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 73