Revista
de la
Universidad
del Zulia
Fundada en 1947
por el Dr. Jesús Enrique Lossada
DEPÓSITO LEGAL ZU2020000153
ISSN 0041-8811
E-ISSN 2665-0428
Ciencias del
Agro,
Ingeniería
y Tecnología
Año 14 N° 39
Enero - Abril 2023
Tercera Época
Maracaibo-Venezuela
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Yevhen Leheza et al/// Introduction of electronic governance technologies in administrative 445-456
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445
Introduction of electronic governance technologies in
administrative, social and labor relations: Legal regulation and
foreign experience
Yevhen Leheza*
Viktoriia Yurovska**
Nataliia Zadyraka***
Roman Myroniuk****
Vitalii Melnyk*****
ABSTRACT
The purpose of the research is to reveal the peculiarities of introduction of E-Governance
Technologies in administrative, social and labor relations: legal regulation and foreign experience.
Main content. Information and communication technologies are widely used by state authorities,
but “electronic government” (“E-Government”) and electronic government” (“E-Governance”)
envisage much more than simple use of electronic, digital instruments, namely re-thinking of
governance mechanisms, its structures and processes, changing of behavior, relations between
participants of electronic governance processes. Methodology: The methodological basis of the
research is the dialectical method of scientific knowledge, through the application of this method
considered were legal, functional, organizational and procedural aspects of introduction of E-
Governance technologies in administrative, social and labor relations: legal regulation and foreign
experience. Conclusions. It was determined that there is a noticeable lack of training of employees
of state administration bodies for introduction of E-Governance. The digital transformation of the
government and its units consists not only of the ability to use information and communication
technologies. First of all, the essence consists in transformation of public administration as part of
the vision and strategy of national development of the country as a whole.
KEY WORDS: Electronic governance, information technology, legislation, private law, public law.
* Professor at the Department of Public and Private Law, University of Customs and Finance, Dnipro, Ukraine. ORCID
ID: https://orcid.org/0000-0001-9134-8499. E-mail: yevhenleheza@gmail.com
** Associate Professor of the Department of Labor Law, Yaroslav Mudryi National law University. Ukraine. ORCID:
https://orcid.org/0000-0001-7126-049X. E-mail: yurovskayavictoriya@gmail.com
*** Professor, Doctor of Science of Law, Educational and Scientific Institute of Law, Administrative Law and Process
Department, Taras Shevchenko National University of Kyiv, Ukraine. ORCID: https://orcid.org/0000-0002-5866-7612.
E-mail: zadyraka@ukr.net
**** Professor of the Department of Administrative Law, Process and Administrative Activity, Dnipropetrovsk State
University of Internal Affairs. Ukraine. ORCID: https://orcid.org/0000-0002-9620-5451. E-mail: mironyk1977@ukr.net
***** Graduate student of the Department of Administrative and Information Law of the Sumy National Agrarian
University, Ukraine. ORCID ID: https://orcid.org/0000-0002-9419-0196. E-mail: mail_melnik@ukr.net
Recibido: 18/08/2022 Aceptado: 13/10/2022
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Introducción de tecnologías de gobierno electrónico en las
relaciones administrativas, sociales y laborales: Regulación legal y
experiencia extranjera
RESUMEN
El propósito de la investigación es revelar las peculiaridades de la introducción de
Tecnologías de E-Gobierno en las relaciones administrativas, sociales y laborales: regulación
legal y experiencia extranjera. Contenido principal. Las tecnologías de la información y la
comunicación son ampliamente utilizadas por las autoridades estatales, pero el "gobierno
electrónico" ("E-Gobierno") y la "gobernanza electrónica" ("E-Gobernanza") prevén mucho
s que el simple uso de instrumentos electrónicos y digitales, a saber, re- pensar en los
mecanismos de gobernanza, sus estructuras y procesos, cambio de comportamiento,
relaciones entre los participantes de los procesos de gobernanza electrónica. Metodología: La
base metodológica de la investigación es el método dialéctico del conocimiento científico;
mediante la aplicación de este método se consideraron aspectos legales, funcionales,
organizativos y procedimentales de la introducción de tecnologías de E-Gobierno en las
relaciones administrativas, sociales y laborales: regulación legal y experiencia extranjera.
Conclusiones. Se determinó que existe una falta notoria de capacitación de los empleados de
los órganos de la administración estatal para la introducción de la Gobernanza Electrónica.
La transformación digital del gobierno y sus dependencias consiste no solo en la capacidad
de utilizar las tecnologías de la información y la comunicación. En primer lugar, la esencia
consiste en la transformación de la administración pública como parte de la visión y estrategia
de desarrollo nacional del país en su conjunto.
PALABRAS CLAVE: Gobierno electrónico, tecnologías de la información, legislación,
Derecho privado, Derecho público.
Introduction
Effective E-Governance can provide a wide range of benefits for government and
government organizations, businesses and citizens, including increasing efficiency of their
activities against the background of reducing costs, increasing transparency and revitalizing
participation of citizens in political life.
Information and communication technologies are widely used by state authorities, but
“electronic government (“E-Government”) and “electronic government” (“E-Governance”)
envisage much more than simple use of electronic, digital instruments, namely re-thinking
of governance mechanisms, its structures and processes, changing of behavior, relations
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between participants of electronic governance processes. Properly implemented E-
Government allows citizens, businesses, and organizations to communicate with
government more easily, quickly, and at lower costs.
In different periods, the concepts of “Electronic Government" and “Electronic
Governance" were interpreted in different ways, from the provision of on-line services by the
government or government organizations to the exchange of information and services in
electronic form with citizens, businesses, and other public administration bodies.
Traditionally, “E-governance” has been viewed as the process of using technological
communication devices such as computers and the Internet to provide public services to
citizens and others in a country or region. The purpose of E-Government activities is to
increase transparency, efficiency and involvement of citizens in various state schemes,
operations and processes, thereby accelerating and improving the system of providing public
services to citizens.
The purpose of the research is to reveal the peculiarities of introduction of E-
Governance Technologies in administrative, social and labor relations: legal regulation and
foreign experience.
1. Literature review
In foreign practice, various versions of the agendas aimed at digitization of public
administration, including its digital transformation, are formulated and implemented, and
versions of the evolution of digitalization of public administration are presented (Law of
Australia, 2017). Standards (models) of maturity of digital public administration have been
prepared and are being implemented; an analysis of the strategies of the world’s digital
governments and an assessment of the progress of digital government reforms in member
countries and key partners of the Organization for Economic Cooperation and Development
have been made (OECD Digital Government Index (DGI), 2019).
In his work named “In search of definition of electronic government” Yaroshenko Oleh
expresses the opinion that E-Government is a new form of organization and management of
state affairs, which introduces positive transformation processes in state administration and
its organizational structure, when adding value to the processes and services by means of
introducing and continuously adapting information and communication technologies as a
leading facilitator of these transformations (Yaroshenko ect.,, 2021). The nomenclature of E-
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Government is the digital interaction between a citizen and his/her government, between
government and other state institutions, between government and citizens, between
government and the sphere of business/commerce.
Over time, the emphasis has shifted to promoting formation of more active, innovative
and fast forms of management focused on efficiency and productivity. Currently, processes
aimed at horizontal and vertical integration and coordination (at the level of legislation) of
E-Governance procedures at the local, regional, state and interstate levels are key ones for
transformational processes and further development of E-Governance.
Since 2014, governments around the world have gradually begun to use the terms
“digital governmentand “digital governance” and distinguish them from E-Government and
E-Governance; and that is due to the results of development of information and
communication technologies and, as a result, due to expansion of E-Governance possibilities
(Villasmil-Espinoza et al, 2022).
The essence of the terms digital government” and “digital governance” includes
managerial and technical-technological possibilities for providing a wide range of services,
such as “big data”, automation”, “predictive analytics”, “proactivity”, “ownership of personal
data” etc.
2. Materials and methods
The research is based on work of foreign and Ukrainian researchers on revealing
peculiarities of legal regulation and foreign experience concerning introduction of E-
Governance technologies in administrative, social and labor relations.
With the help of the epistemological method, the role of peculiarities of legal
regulation and foreign experience in introduction of E-Governance technologies in
administrative, social and labor relations was clarified; thanks to the logical-semantic
method, the conceptual apparatus was deepened and the essence of E-Government
technology concepts in administrative, social and labor relations was determined. By means
of using the system-structural method, the constituent elements of such a mechanism for
introduction of E-Governance technologies in administrative, social and labor relations were
investigated. The structural-logical method was used to determine the main directions of
optimized implementation of E-Governance technologies in administrative, social and labor
relations.
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3. Results and discussion
Digital transformation of governance can be defined as the process of transforming
management models and mechanisms of interaction between the government and citizens,
updating government policies, organizations, services and programs regarding the use of
digital technologies. Digital transformation is a process of fundamental change that requires
a holistic approach that puts citizens first and is focused on their needs, taking into account
those who have not yet got an opportunity to use digital services, as well as on reducing risks
associated with the use of digital technologies at various levels of state administration. Most
of the world’s countries have developed digital agendas for themselves. In their
implementation great importance will belong to organizational and legal support of the
initiative, as well as to choose of a unified state approach to the implementation of digital
technologies in government processes. For Ukraine it will be useful to study the experience
of countries that have implemented a holistic approach to their digital transformation,
including namely: Australia, Denmark, Estonia, Finland, the Republic of Korea, Singapore,
Sweden and the United Kingdom of Great Britain and Northern Ireland, because as of 2020
these countries alongside with New Zealand, the United States of America, the Netherlands,
Iceland, Norway and Japan are ranked as top countries of 193 UN member states on the level
of their digital government taking into account volume and quality of on-line services, status
of telecommunication infrastructure and existing human potential (Yaroshenko ect.,, 2021).
Central element in the holistic approach to government digital transformation is the
alignment of institutions, organizations, people, technology, data and resources to support
the desired changes both in the public sector and outside thereof, with the goal of creating
public value and improving the level of public well-being. Governments of these countries
have applied a system thinking approach to policymaking and service delivery through the
use of information and communication technology in order to strengthen operational
linkages. They have implemented a holistic and integrated approach to service delivery, by
means of promoting both organizational, institutional and technological interchangeability.
Singapore has decided to select an ecosystem approach to E-governance; this
approach presupposes a key role of effective leadership, critical thinking, and a strong
legislative and regulatory infrastructure. One of the leading initiatives of the Singapore
government regarding the digital transformation of public governance is the development
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and implementation of the Smart Nation” program, which, in turn, is implemented in a
series of strategic national projects. The Singapore government is making every effort to
integrate government services with a one-stop shop approach through such initiatives as
“Moments of Life”, the National Digital Identity Project, which promote direct
communication between citizens and the government as well as collaboration with
international partners on emergency assistance and notification.
The main principles of E-Governance are: 1. Openness, transparency and
inclusiveness; 2. Encouragement and participation of public, private and civil sector
stakeholders in policy formulation, designing and delivery of public services; 3. Creating a
culture of data management in the public sector; 4. Reflecting a risk management approach
in addressing digital security and privacy issues and adopting effective and appropriate
security measures to increase confidence in government agencies; 5. Leadership and
sustainable target policy; 6. Consistent use of digital technologies in all spheres of state life
and at all levels of management; 7. Effective organizational and management boundaries to
coordinate implementation of digital management strategies; 8. Strengthening international
cooperation with other states; 9. Development of clear business cases; 10. Strengthening of
institutional capacity in order to manage and monitor implementation of digitization
projects; 11. Obtaining or acquiring digital technologies; 12. Provision of the general and
sectoral legal framework with documents regarding use of digital technologies (Leheza ect.,
2022).
We will give a few examples of successful global practices for implementation of these
principles.
The expected positive results of the applied first principle are an increased efficiency
of state management mechanisms, an improved quality of service provision, increased
activity and effectiveness of public participation in governance processes; an increased
public confidence in the government, social welfare and growth of economic indicators. In
order to achieve these results, state governments must continuously work on updating their
legal and regulatory frameworks, introduce standards of open governance, at the level of
development and implementation of regulatory documents, they must ensure foundations of
accountability and transparency of government activity; and they also must take measures
to overcome digital inequality among citizens of the state by means of increasing the level of
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welfare and education of the population. For example, Estonia, one of the leading countries
in introduction of E-Governance, declared one of the principles of its E-Governance No
legacy- i.e., no adherence to morally obsolete legal acts. Constant legislative changes and
organic interdependent improvement of technologies and legislation of the country has been
chosen instead (Leheza et al., 2020).
Australia. A digital government ecosystem named “Digital Market”, helps establish
contacts between state buyers and digital service providers - from start-ups to transnational
companies - for delivering and using digital services. Development of the Digital Government
Ecosystem was proposed within implementation of the Australian Government’s National
Program for development of Innovations and science (National Innovation and Science
Agenda (NISA)).
Austria. Open Data Portal. Development and implementation of this initiative took
place under the leadership of a team consisting of representatives of federal ministries,
regional and local governments of Austria. Various interested parties were involved in the
establishment and organizational processes: representatives of state government bodies,
politicians, representatives of civil society, representatives of the public and private
economic sectors. Independent journalists, representatives of mass media and scientific
institutions (universities and other private and state scientific institutions) were involved
in additional groups.
Canada. “Canada’s Open Government Portal” is a multi-stakeholder initiative that
aims to promote transparency, empower citizens, fight corruption and use new technologies
in order to strengthen governance in partnership with civil society and the private sector
(Gourvenment of Canada, 2022).
Colombia. “Crystal Urn” initiative (GOV.CO, 2022). “Crystal Urn” aims to develop a
proactive, participatory model of open government in Colombia. This initiative ensures
transparency of government activities through a multi-channel platform that integrates the
Internet and traditional media (websites, social media, radio and television). This initiative
gives Colombians the opportunity to interact with their national government, learn more
about its activities, and participate in such activities by means of asking questions and
making suggestions (Leheza et al, 2021).
Another initiative of the Colombian government, the “Open Data Initiative”, declares
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that conduct of an open data policy is one of the main pillars of the Columbian digital
government policy, which seeks to make decisions based on data and evidence from the state
and citizens (Trece. Open Data Initiative, 2022). In order to fulfill this policy, the Colombian
government has implemented a management system supported by: 1) guiding principles and
a reliable regulatory framework; 2) activation of an ecosystem and inter-institutional
dialogues with other management bodies; 3) end-to-end mechanisms that contribute to the
openness of government bodies; 4) a scheme and tools for stimulating provision and use of
data by citizens and the state; 5) measurement and monitoring of provision and use of data
performed by national and territorial bodies, their correlation with the results of
international measurements. Both “Crystal Urn” initiative and the Open Data Initiative are
consistent with principles 1 and 3.
Slovenia. The initiative of the Government of the Republic of Slovenia “State Portal of
Electronic Services for Citizens - eUprava (eGovernment) is also consistent with principles
1 and 2. Its main goal is to be an e-government portal, to become a portal for all citizens,
regardless of their level of proficiency in the sphere of Internet technologies. The portal is
addressed to economically active citizens, elderly people, blind and visually impaired
citizens, deaf and hearing-impaired citizens, people with disabilities and youths, who
actively use the possibilities of European and world mobility. The portal is closely linked to
the electronic application submission system; it has a powerful search engine and uses many
other horizontal E-Governance applications that have been developed in other projects. An
online service has been established for provision of provide up-to-date information and filing
of applications (Republika Slovenja, 2022).
Switzerland defines its strategic goals based on such principles as exclusivity and
transparency. In addition, its strategy is focused on involving citizens in creation and
implementation of electronic governance processes, development of technologies for data
compatibility and their reuse. As a result of these strategic goals, so-called operational goals
were defined, which are achieved in specific measures or actions within the framework of
strategic projects or services implementation. For example, The Measure is a project aimed
at uniting several existing identification systems among the cantons. The above and other
goals, projects and services are reflected in the statewide strategic plan, which is focused on
several main priorities, but at the same time it is dynamic and iterative for the development
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and implementation of new projects. The idea of the Swiss E-Government strategy is to be
able to better respond to the needs of a rapidly changing society and technological
developments (Leheza et al., 2021).
Formulation and further implementation of the principle 3 “creating a culture of data
management in the public sector” in the development of electronic government is based on
the statement that data are increasingly recognized by governments as a strategic asset,
information and communication technologies have increased the ability of the society to
produce, store, process and share data; ability to use data affects quality of services in the
public sector, while creating a culture of data management in the public sector is a priority
task of the electronic government.. The mass production of data requires governments to
take a strategic approach to using data and technologies for improving education in the
public sector (Leheza et al., 2021).
To take full advantage of the information flowing into the public sector, governments
must learn to better use digital technologies and analyze data for the purpose of
understanding public needs, ensuring responsible, consistent use of data that benefits
citizens and build public confidence; they must implement data management mechanisms,
develop the culture of data analysis and data use in the public sector. A well-developed
culture of data management of all participants in E-Governance processes helps predict new
needs of citizens, monitor any emerging trends in any sector of social and economic life, and
understand how to improve existing economic and social processes and their dynamics.
To take full advantage of the benefits of “Big Data” processing, governments should
develop strategic approaches to data operations, including data analysis, as well as to take
measures aimed at prevention of data abuse (Leheza et al., 2018).
Conclusions
Therefore, the study of the experience of introducing E-governance in foreign countries
makes it possible to draw conclusions about the possibility of its introduction in Ukraine.
Despite the fact that E-Governance is gaining momentum in Ukraine, the national
system of secure data exchange is only in the process of implementation, mobile operators
will soon launch a mobile ID for citizens, municipal administrative service centers are
starting to work; along with traditional forms of service provision such service centers
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introduce digital services. Ukraine needs to take a number of urgent steps to bring the
electronic governance system up to the standards of leading representatives of the world
community and adopt their best practices. Ukraine should significantly improve its
information and communication systems, in order to reduce the level of corruption; within
the shortest possible period it should implement such principles of electronic governance as
transparency, open data and proactivity.
There is a noticeable lack of training of employees of state administration bodies for
introduction of E-Governance. The digital transformation of the government and its units
consists not only of the ability to use information and communication technologies. First of
all, the essence consists in transformation of public administration as part of the vision and
strategy of national development of the country as a whole.
Development of potential for transition to E-Governance is of fundamental importance.
It requires a targeted approach, oriented on values and governance and society established
by law; and it involves fundamental changes in thinking style of public officials and in ways
of interaction between a citizen and his/her government, between government and other
state institutions, between government and citizens, as well as between government and the
sphere of business/commerce. The United Nations Sustainable Development Group defines
capacity as the ability of people, organizations and society as a whole to successfully manage
their affairs; and capacity development is viewed as a process by which people, organizations
and society as a whole implement, strengthen, create, adapt and maintain potential in the
long term.
Until now, there are no significant initiatives in Ukraine for implementing the
“government as a shared platformapproach, which has already been introduced by many
countries around the world as a key innovation to provide better services and support
cooperation between various stakeholders, at least at the level of concepts. The same level is
typical for introduction of the principle of “anticipatory governance”, when e-government
bodies use various technologies and data to determine people’s needs in advance.
Introduction of integrated services based on the principles of “digital first”, “once-only” and
“transparency” is at the initial level in Ukraine.
Rejection of stereotypes, modernization in favor of innovation and transformation of
governance into a digital format is an obvious, but never less relevant conclusion for
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developing further steps towards electronic governance in Ukraine.
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