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
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 74
2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
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
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
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-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
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OIRALITH
M. C
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Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
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-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 74 (2022), 16-26
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Public services in the eld of
social protection of the population:
international experience, administrative
and penal aspects
DOI: https://doi.org/10.46398/cuestpol.4074.00
Tetiana Arifkhodzhaieva *
Oksana Panova **
Vladyslav Lazariev ***
Yuliia Zhyvova ****
Oleh Shkuta *****
Abstract
The issue of optimizing the mechanism for providing public
services in the eld of social protection of the population due to
the ongoing armed conict in Ukraine on the part of Russia (from
2014 to the present), as a result of which internally displaced
persons need to solve a number of urgent needs both in European countries
(Poland, Germany, Bulgaria, Romania, Moldova, etc.), including related
to their accounting in these countries. In this sense, the objective of this
editorial is twofold, on the one hand, to present volume 40, number 74 of
Political Questions and, on the other, to highlight the concept and types
of guarantees of ensuring legality concerning provision of public services
in the sphere of social protection of population. It is concluded that the
following types of guarantees of ensuring legality concerning provision of
public services in the sphere of social protection of population in Ukraine
have been justied: appeal of decisions, actions or inaction of public
administration subjects on the provision of public services in the sphere
of social protection of population in court (administrative proceedings);
control over activities of public administration subjects concerning
provision of public services in the sphere of social protection of population.
* Candidate of Legal Science, Associate Professor, Interregional Academy of Personnel Management,
Ukraine. ORCID ID: https://orcid.org/0000-0002-1827-1699
** Doctor of Law, Professor, Professor of the Department of Criminal Law and Procedure National
Aviation University. Ukraine. ORCID ID: http://orcid.org/0000-0002-3533-5076
*** Director of the Institute of Law and Specialist Training for National Police Units of the Dnipropetrovsk
State University of Internal Aairs, Ukraine. ORCID ID: http://orcid.org/0000-0001-6786-6544
**** Candidate of Science of Law, Associate Professor of the Department of Administrative and Criminal
Law, Oles Honchar Dnipro National University, Ukraine. ORCID ID: https://orcid.org/0000-0003-
0218-9938
***** Professor, Doctor of Science in law, Professor at the Department of Professional and Special
Disciplines of Kherson Faculty, Odessa State University of Internal Aairs, Odessa, Ukraine. ORCID
ID: https://orcid.org/0000-0003-0395-5710
Recibido el 14/04/2022 Aceptado el 25/06/2022
17
CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 16-26
Keywords: service; public service; appeal; responsibility; social
protection of the population.
Servicios públicos en el ámbito de la protección social
de la población: experiencia internacional, aspecto
administrativo y penal
Resumen
La cuestión de optimizar el mecanismo para la prestación de servicios
públicos en el campo de la protección social de la población debido al
conicto armado en curso en Ucrania por parte de Rusia (desde 2014 hasta
el presente), como resultado de lo cual los desplazados internos deben
resolver una serie de necesidades urgentes en países europeos (Polonia,
Alemania, Bulgaria, Rumanía, Moldavia, etc.), incluidas las relacionadas
con su contabilidad en estos países. En este sentido, el objetivo de este
editorial es doble, por un lado, presentar el volumen 40, número 74 de
Cuestiones Políticas y, por el otro, resaltar el concepto y tipos de garantías
de aseguramiento de la legalidad en la prestación de los servicios públicos
en el ámbito de la protección social de la población. Se concluye que se han
justicado los siguientes tipos de garantías para responder a la legalidad en
relación con la prestación de servicios públicos en el ámbito de la protección
social de la población en y de Ucrania: apelación de decisiones, acciones
o inacción de sujetos de la administración pública sobre la prestación de
servicios públicos en el ámbito de la protección social de la población en los
tribunales (procedimientos administrativos).
Palabras clave: servicio; servicio público; apelación; responsabilidad;
protección social de la población.
Exordium
In the modern world, the degree of security of rights and freedoms of
individuals in various spheres, in particular in the sphere of public services,
is an important indicator of the level of civilization achieved by the society
and the state. For everyone to actually exercise his or her subjective rights
in Ukraine, it is important to determine the eective mechanisms that will
ensure the possibility for citizens to exercise their rights in the modern
conditions of political and economic transformations. It is eective juridical
guarantees that can ensure the practical implementation of each person’s
rights, including rights of receiving public services in Ukraine.
Tetiana Arifkhodzhaieva, Oksana Panova, Vladyslav Lazariev, Yuliia Zhyvova y Oleh Shkuta
Presentación
18
In order to solve modern problems in the state and to fulll orders of the
Cabinet of Ministers of Ukraine by the Ministry of Economy of Ukraine the
Strategy of Ukraine’s Development “Ukraine 2020: the Strategy of National
Modernization” was developed in 2014; this strategy was also reected in
the Decree of the President of Ukraine “On the Strategy of Sustainable
Development “Ukraine-2020” dated 12 January, 2015 It envisages 60
reforms, special programs in various areas, including introduction of
quality guarantees of ensuring legality concerning provision of public
services; through execution of these reforms Ukraine will be prepared to
apply for membership in the European Union.
The System of public services provision in Ukraine, in particular,
guarantees of legality concerning their provision, is currently facing serious
problems in providing objective, timely, fair and, most importantly, high-
quality services to the consumer (natural or legal persons). These problems
include numerous gaps and conicts of legislation applied by the subjects
of ensuring legality of public services provision; the mechanism of public
services provision; absence of eective control over public services provision;
problems of legal culture of ocials entrusted with powers to ensure
legality concerning provision of public services; peculiarities of prosecution
for poor quality provision of public services, etc. The above problems cause
impossibility of proper implementation of existing guarantees of ensuring
legality concerning provision of public services.
When considering the foreign experience of providing public services
in the eld of social protection of the population, it is necessary to pay
attention to the fact that the world practice on this issue comes from the
social policy models chosen by the government, which are the basis of state
activity. Some scientists distinguish four main types of organization of
social protection systems: continental, social-democratic (Scandinavian),
universal (Anglo-Saxon) and southern European, others - three types:
continental, Anglo-Saxon and Scandinavian.
The criterion for classifying countries by type is the way of organizing
social protection, which the state prefers (social assistance or social
insurance), as well as the form of providing public services in the eld of
social protection of the population (private or state). In countries with a
continental model of social protection (Germany, Austria, the Netherlands,
Belgium), the principle applies, according to which the amount of social
assistance depends on a person’s success in work. The social-democratic
model developed on the basis of the principle of social solidarity and the
responsibility of society and the state for the well-being of every member of
society, but later the system underwent reformation and contractual forms
of provision and social protection were introduced.
The purpose of the article is to highlight the concept and types of
guarantees of ensuring legality concerning provision of public services in
the sphere of social protection of population.
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CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 16-26
1. The concept and types of guarantees of ensuring legality
concerning provision of public services in the sphere of social
protection of population
As a matter of fact, certain “means and methods” become juridical
guarantees only through their legal form and through their enshrining
in legal norms. The term “juridical guarantees” itself indicates their legal
basis. However, the guarantee of security consists primarily in exercising
rights and duties provided for in the current legal norms. It is generally
known that the norm by itself cannot cause certain legal results; the latter
are achieved through legal activity. The activity should be understood as
exercising subjective rights and fulllment of legal obligations imposed by
the law on the relevant subjects of labor law relations (Hida, 2011).
Juridical guarantees are an independent form in the system of
guarantees. The word “guarantee” (French. “guarantie” – to provide) means
“warranty”, “a condition that ensures something”. In legal literature sources
guarantees of rights and freedoms are understood as a) a set of subjective
and objective factors, b) a system of socioeconomic, political, moral, legal
and organizational prerequisites, conditions, means and methods. The
term “factors” may not be used to indicate guarantees, since it is more
likely to mean the nature of phenomena and factors. The second denition
does not really reveal the meaning of guarantees, but only lists their types.
On the other hand, there is no doubt that correct denition of guarantees
is “conditions, means and methods” which ensure the realization and
comprehensive protection of rights (Kashanyna, 1981).
Guarantees of legality are a complex of interrelated objective conditions
and subjective factors as well as special means that provide the regime of
legality. Structurally, guarantees of legality are divided into general ones
and special ones (Kelman, 2003).
In view of this, we consider it expedient to distinguish two elements in
the structure of guarantees of legality - legal norms and activity of subjects.
For example, the rule of law establishes specic obligations for a subject of
legal relations; and fulllment of these obligations (that is, activity of this
subject) will ensure realization of rights of another subject. In its turn the
law acts as a legal basis for legal activity, and juridical activity is a means of
implementing the law.
Thus, in general legal meaning M. V. Kravchuk notes that it is correct
to dene juridical guarantees as a complex of “means and methods”
(Kravchuk, 2013).
So, V. М. Soroka divides public services into the following groups:
Tetiana Arifkhodzhaieva, Oksana Panova, Vladyslav Lazariev, Yuliia Zhyvova y Oleh Shkuta
Presentación
20
• Protection: of life, property, environment, intellectual property, etc.
• Social protection: of children, elderly people, people with special
needs, unemployed.
• Registration, licensing: changes in the public status, the status of
objects and subjects. formation of communities, organizations;
certain types of activity.
• Everyday life activities: health care; provision of communal,
household spheres; agrarian issues, etc.
• Communication: email, telecommunications, Internet; transport;
mass media;
• Spiritual and cultural self-expression: recreation, cultural and mass
events; physical culture and sport (Soroka, 2007).
A. Y. Shastytko proposes to view the category of “public services” through
their main task, namely increasing the eciency of public administration.
He developed two approaches to understanding this concept – empiric one
and theoretical one. Within the framework of the rst approach, public services
are services provided (in connection with the performance of ocial functions)
by executive authorities and their institutions in direct interaction with citizens.
According to the second approach, public services are considered by the scientist
as services that have properties of private goods, but are directly connected with
the specication and protection of property rights of individuals (Shastytko, 2004).
V. B. Avveryanov suggests the following signs of public services: 1) they
provide activities of general signicance; 2) they have an unlimited range of
subjects using them; 3) they are executed either by a body of state and municipal
power, or by another entity; 4) they are based on both public and private ownership
(Averyanov, 2002).
It should be noted that the rst of the above signs of public services demonstrates
presence of public interest in implementation of such activities and allows
us to conclude that regardless of the subject (state body, municipal body, non-
governmental organization) in each specic case public services are provided by a
public authority obliged to ensure their implementation. If there are people in the
private sector willing to provide public services of this kind, or it is not within the
power of a private organization for established reasons then in this case the state,
municipal body is obliged to undertake implementation of such a service which
must be provided because of its social signicance.
For example, garbage collection, waste disposal, water supply and other
similar services should be provided regardless of the interest of certain entities.
And if there is no interest in such activity, then the public authority is obliged to
either form such interest, or simply undertake implementation of such a public
service. Therefore, the sphere of socially signicant services should always be
21
CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 16-26
in the spotlight of public authorities, regardless of the subjects these services are
provided by.
Thus, public services are all services provided by the public sector, as well
as by the private sector, under the responsibility of public authorities and at the
expense of public funds (Tymoschuk, 2003).
Public services are based on public interest which means the interest of
the social community determined by the state and secured by the law, and
satisfaction of this public interest serves as a condition and guarantee of the
social community’s existence and development. In the most general form,
public interest means interest of the human community – population,
people, etc. (Spasybo-Fatiieieva, 2005).
What exactly the state authorities dene as public interest depends on
the level of legal culture and legal awareness of law-making subjects. And
what the authorities see as the common good may actually conict with the
interests of a large part of the population. But in any case, requirements
placed on the objects of public administration must ensure the general good
of Ukrainian people and must not express private interest of the subjects
of public administration. It is exactly in the last thesis that the essential
dierence between private interest and public interest lies.
Fairly complete in its content meaning of “juridical guarantees”
(meaning revealing all the essential features of this concept in the general
legal aspect) should be presented as follows: legal norms that determine
specic legal means, conditions and procedures for realization of rights,
legal means of their security and protection in case of violations.
V. F. Pohorilko understands juridical guarantees as special means
provided by the law for practical protection of human and civil rights
and freedoms (Pohorilko, 1997). This denition attention is not paid to
the purpose of juridical guarantees, that is, to the fact what exactly they
provide. Instead, denition of this concept should indicate designation
of these “means and methods” as one of the most essential features of
juridical guarantees. Therefore, we should pay attention to denitions
which emphasize that juridical guarantees are intended to ensure actual
realization, comprehensive security and protection of rights of citizens.
Let us consider denitions of the term “juridical guarantees of legality”.
For example, Y. Leheza understands juridical guarantees of legality as
special normative and legal means that guarantee strict implementation
of legal norms, prevention of arbitrariness on the part of state bodies and
ocials in relation to citizens and that ensure restoration of violated rights
and the punishment of violators of legality (Leheza, 2022).
Scientist Y. Leheza views juridical guarantees of legality not only as a set
of means and methods (as is often the case in the above denitions), but as
a unity of elements, as a complete legal entity (Leheza ect., 2022).
Tetiana Arifkhodzhaieva, Oksana Panova, Vladyslav Lazariev, Yuliia Zhyvova y Oleh Shkuta
Presentación
22
Special guarantees include legal (juridical) guarantees of legality,
which are specic legal means and internal legal mechanisms being a real
embodiment of legality in the legal sphere. Juridical guarantees of legality
include: completeness and eectiveness of legal norms; a high level of
control and supervision over implementation of legality; high-quality
activity of competent authorities aimed at ensuring legality; improvement
and renement of legal practice; eectiveness of legal liability measures
(Leheza ect., 2020).
Special juridical guarantees can be divided into the following groups:
• General-legal guarantees (development of the legal system as a
whole; completeness and consistency of legislation; availability of
developed legal technique and legal procedure; a certain level of
legal culture of the society).
• Organizational and legal guarantees (activities of the legislative,
executive, judicial authorities and the President as the guarantor of
the Constitution of Ukraine, as well as special-purpose bodies as the
guarantors of eciency of laws and creation of conditions for their
implementation and protection).
• Procedural guarantees (availability of eective means of state
coercion; presumption of innocence; equality of legal status;
inalienability of rights and obligations of subjects; normatively
determined principle of inevitability of punishment for violation of
the Law) (Leheza ect., 2022).
2. Foreign experience ensuring the legality of the
provision of public services in the eld of social
protection of the population
In the process of transformation in the Federal Republic of Germany in
the early 1990s of state authorities into service institutions, the idea arose to
create “service oces” (“burgerburo”, or “burgeramt”), which are currently
operating eectively. Each of the oces independently determines the range
of services that will be provided. In Germany, such a list includes services
that are often in demand and the provision of which does not require long
processing: from the sale of tickets and garbage bags to the registration of
vehicles. Instead, most of the services in the oces consist of issuing IDs
to a person. For example, the oce for citizens of Weinheim provides the
following services, which can be attributed to public services in the eld of
social protection of the population: providing children’s ID cards, ID cards
for large families, ID cards for the disabled.
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Vol. 40 Nº 74 (2022): 16-26
The German Federal Law on Social Insurance of March 23, 1994 contains
a list of public services in the eld of social protection of the population,
which are provided in this country. In particular, paragraph 21 species
that these include food assistance in the form of one-time payments, repair
of clothing, underwear and shoes, purchase of fuel for individual heating
devices, provision of special educational resources for students, repair of
household appliances, care by apartment.
The Netherlands belongs to the pioneer leaders in the introduction of
centers for the provision of public services in the eld of social protection
of the population. The peculiarity of the central oce of the municipality of
The Hague (Den Haag) is that citizens’ social protection issues are handled
separately from all other issues in oces on the second oor, taking into
account the delicate and condential nature of these cases (Leheza, 2022).
For the United States of America, the main idea of e-government is
that e-government acts as a tool for the development of democracy, the
expansion of public participation, as well as the strengthening of control
over the state by the people. In general, the process of restructuring public
administration in Western countries based on the model of electronic
democracy is inextricably linked with the reorganization of state bodies
and the introduction of innovative management technologies, which were
supposed to improve the quality of public services in the eld of social
protection of the population, make them competitive compared to the
services of the commercial and non-commercial sectors.
All services provided by the public sector and for which the public
administration is responsible are called “public services”, “services of
general interest”, “services of general interest”. general economic interest”
(“services of general economic interest”), “services for citizens” (“services
for citizens”), which, in addition to other public ones, include services
classied as administrative services in Ukraine (Leheza, 2022).
Services included in the social protection system, which cover the main
risks that may occur during life, as well as a number of other important
public services in the eld of social protection of the population, which
are provided directly to the person and play a preventive role, are mostly
dened as “social services, that are of general interest” (“social services of
general interest” (SSGI) (Social services of general interest, 2022).
It is established that the provision of public services in the eld of
social protection of the population in foreign countries (the Kingdom of
the Netherlands, the United States of America, the Federal Republic of
Germany, the Swiss Confederation, etc.) is regulated by relevant legal acts
and is xed in the administrative regulations of the activities of the subjects
of executive power and local self-government, which specify the procedure
for conducting cases, deadlines, the list of documents submitted by the
subject of the appeal, features of the appeal, etc.
Tetiana Arifkhodzhaieva, Oksana Panova, Vladyslav Lazariev, Yuliia Zhyvova y Oleh Shkuta
Presentación
24
Conclusions
Therefore, based on the understanding of the guarantees of legality, we
propose to highlight the following types of guarantees to ensure legality
concerning provision of public services in the sphere of social protection of
population in Ukraine:
1. Applications of natural persons (citizens and stateless persons) in
accordance with the Law of Ukraine “On Applications of Citizens”.
2. Control over activities of public administration subjects concerning
provision of public services in the sphere of social protection of
population.
3. appeal of decisions, actions or inaction of public administration
subjects on the provision of public services in the sphere of social
protection of population in court (administrative proceedings).
4. Prosecution of public ocials for refusal to provide a certain type of
public service in the sphere of social protection of population.
It has been established that the importance of juridical guarantees of
ensuring legality concerning provision of public services consists in the
following activities: a) ensuring rights and freedoms of a person and a
citizen in the process of receiving various public services; b) compliance
with international standards for protection of human rights in the sphere of
public services; c) raising the image of the state in the person of the subjects
of appealing the specied services; d) increasing the level of legal awareness
of public ocials in the process of providing public services, which will
be manifested in the strict observance of the legislation of Ukraine; e)
improvement of the mechanism of provision of public services by subjects
of public administration, etc.
Guarantees of ensuring legality concerning provision of public services
include regulation through normative legal acts, availability of specic
legal means, establishment of certain conditions and the procedure for
realization of rights of appealing subjects, legal means of protecting rights
of the subjects - consumers of public services, protection in the event of
a violation in the process consideration of the application of a natural or
legal entity for issuance of an administrative act (decision, permit, license,
certicate, act, certicate).
Taking into account the experience of foreign countries (the United
Kingdom of Great Britain and Northern Ireland, the United States of
America, the Federal Republic of Germany, the French Republic, etc.), the
emphasis is on the need to develop and adopt a separate law of Ukraine
“On Public Services”, which would establish all services provided bodies of
executive power and local self-government.
25
CUESTIONES POLÍTICAS
Vol. 40 Nº 74 (2022): 16-26
The law must include the following elements: general provisions
(denition of terms, scope of the Law, legislation in the eld of providing
public services, in particular in the eld of social protection of the population,
state policy in the eld of providing public services, in particular in the eld
of social protection of the population, basic requirements to the regulation
of the provision of public services); organization of the provision of public
services, in particular in the eld of social protection of the population (the
procedure for the provision of public services, the register of public services,
the terms of the provision of public services, the fee for the provision of
public services (administrative fee), subjects of the provision of public
services); responsibility for violating the requirements of legislation on the
provision of public services, in particular in the eld of social protection of
the population, etc.
The need to intensify the activity of public administration bodies
through the introduction of an electronic governance system that minimizes
corruption, makes it impossible to miss the deadlines for the provision
of public services and ensures a service approach in the specied area is
substantiated.
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Esta revista fue editada en formato digital y publicada
en octubre de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
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