Научная статья на тему 'PECULIARITIES OF EU COUNTRIES NORMATIVE-LEGAL PROVISION ON REGULATION OF THE SPHERE OF APPEAL OF SERVICE ACTIVITY OF PUBLIC AUTHORITIES: EXPERIENCE FOR UKRAINE'

PECULIARITIES OF EU COUNTRIES NORMATIVE-LEGAL PROVISION ON REGULATION OF THE SPHERE OF APPEAL OF SERVICE ACTIVITY OF PUBLIC AUTHORITIES: EXPERIENCE FOR UKRAINE Текст научной статьи по специальности «Экономика и бизнес»

CC BY
144
12
i Надоели баннеры? Вы всегда можете отключить рекламу.
Ключевые слова
FOREIGN EXPERIENCE / EUROPEAN PRACTICES OF APPEALING ADMINISTRATIVE PROCEDURES / DIGITAL TRANSFORMATION OF PUBLIC ADMINISTRATION / APPEAL MECHANISMS / SERVICE ACTIVITIES OF PUBLIC AUTHORITIES

Аннотация научной статьи по экономике и бизнесу, автор научной работы — Pechenkin I.V.

The study examines the most advanced results for Ukraine of digitalization of public administration in European countries and the regulation of procedures for appealing the service activities of public authorities in international regulations, which should be an example for the formation of a strategy for digital transformation.

i Надоели баннеры? Вы всегда можете отключить рекламу.
iНе можете найти то, что вам нужно? Попробуйте сервис подбора литературы.
i Надоели баннеры? Вы всегда можете отключить рекламу.

Текст научной работы на тему «PECULIARITIES OF EU COUNTRIES NORMATIVE-LEGAL PROVISION ON REGULATION OF THE SPHERE OF APPEAL OF SERVICE ACTIVITY OF PUBLIC AUTHORITIES: EXPERIENCE FOR UKRAINE»

20 East European Scientific Journal #4(68), 2021 developing countries. Civil society is based on the rule of law. When there is growth in a state with a civil society. The main idea of the holy book of Zoroastrianism, Avesto, is that "good thoughts, good intentions, good deeds" are the spiritual foundation of any society and human relations. Civil society is expressed in mutual support and attitude of people to each other, as well as in the fact that people do not depend on each other, do not put pressure on each other. For example, in Uzbekistan, the fact that people and families helped each other in the destruction of a dam in the Sardoba region in May 2020 has become a mass movement.

For the development of civil society, it is advisable to be fair, uphold the rule of law and raise people's morale and knowledge. The great ruler and philosopher Abu Ali ibn Sina (Avicenna) said that "the high value of spiritual and moral values ensures not only all-round prosperity, but also justice and stability in society" is one of the elements of civil society.9

Of course, the spirituality of civil society is shaped by the people of a highly moral country. In Amir Temur's "Temur's rules" I also did good to the good people of every country, expelled evil, corrupt and immoral people from my country. I entrusted decent deeds to humble and mean people and did not let them go too far. Respecting great and noble deeds, I contributed to their career".10

In short, countries in transition are facing many challenges in building civil society. The

underdevelopment of the political and legal culture of the population, the fact that their political parties and other civil society institutions are not yet fully developed, is the reason why their economic potential is not good. Therefore, there is a need to expand the scope of scientific and fundamental research in this area.

References:

1. Президент Шавкат Мирзиёевнинг Олий Мажлис палаталари, сиёсий партиялар хамда Узбекистан экологик ^аракати вакиллари билан видеоселектор йигилишидаги маърузаси. 13.07.2017 й. // https://www.gazeta.uz/uz /2017/07/13/partiyalar/.

2. Абу Наср Форобий. Фозил одамлар ша^ри. -Тошкент: Абдулла Крдирий номидаги халк мероси нашрёти, 1993.-Б.154.

3. Темур тузуклари. - Тошкент: Fофур Fулом нашриети, 1996.-Б. 24.

4. Юсуф Хос Х,ожиб. Кутадгу билиг. -Тошкент, 2007. - Б.68.

5. Киргизбоев М. Сиёсатшунослик. -Тошкент: Янги аср авлоди, 2013. -Б.184.

6. Гегель Г. В. Ф. Философия права. М., Мысль, 1990. -С.418.

7. Учение Аристотеля о государстве и праве//https://uz.istanbulbear.org/uchenie-aristotelya-o-gosudarstve-i-prave-14245.

UDC 35.078.42

Pechenkin I. V.

Educational and Scientific Institute of Public Administration and Civil Service of Taras Shevchenko National University of Kyiv

PECULIARITIES OF EU COUNTRIES NORMATIVE-LEGAL PROVISION ON REGULATION OF THE SPHERE OF APPEAL OF SERVICE ACTIVITY OF PUBLIC AUTHORITIES:

EXPERIENCE FOR UKRAINE.

Abstract. The study examines the most advanced results for Ukraine of digitalization of public administration in European countries and the regulation of procedures for appealing the service activities of public authorities in international regulations, which should be an example for the formation of a strategy for digital transformation.

Key words: foreign experience, European practices of appealing administrative procedures, digital transformation of public administration, appeal mechanisms, service activities of public authorities.

This article explores and analyzes the development of normative regulation of service complaints procedures of public authorities in international regulations and international strategies for the digital transformation of perspective for implementation in Ukraine. Ukraine has ratified some of the international norms in this area and they have become a part of national legislation, but the practice of their application needs to be improved and transparent public control over its implementation. The purpose of the article is to assess the international experience in appealing against the service activities of public

authorities by means of digital technologies. The urgency of the topic lies in the need to codify national legislation to ensure full, convenient and reasonable use of the procedure for ensuring the rights of citizens in legal relations with public authorities. According to the results of the research, tools for the use of foreign practices, digital transformation of public administration and mechanisms for appealing the service activities of public authorities are proposed.

Formulation of the problem. The global crisis caused by the CoVid-19 virus pandemic has changed the ordered life of the world community. The public

9 https://hozir.org/zbekiston-respublikasi-olij-va-rta-

mahsus-talim-vazirligi-andi.html?page=3

10Темур тузуклари.-Тошкент: Fофур Fулом нашриети,1996.-Б. 24.

UB

ana«

and private sectors face the problem of providing access to all business processes and receiving services remotely. The unpredictable situation demonstrated varying levels of preparedness to respond to emergencies in the provision of public services to the population, adequate communication, and digital inequality.

Ensuring the state implementation of information and communication (digital) technologies (hereinafter -ICT) and the development of elements of digitalization of society is considered in most countries of the modern world as one of the strategic tasks and national priorities. The existing digital divide lags behind countries in the growth of goods and services produced through ICT, automatically lags behind in economic development, and the sustainable development of digitalization, on the contrary, increases the competitiveness of countries in the international arena and improve their quality of life.

In the member-states of the European Union (hereinafter referred to as the EU), the provision of quality public services to the population is an important task to address the legislative initiatives of member states on the rights set out in the EU Charter of Fundamental Rights (9th Charter). National legislations of individual EU countries have historically developed heterogeneously, have some differences due to European administrative traditions, as well as the specifics of the development of regulatory, institutional and material support for public services and is divided into the following models: continental, continental-federal, Anglo-Saxon, Scandinavian, Central European, Eastern European, mixed. Therefore, the EU unifies the legislation in order to ensure an equally high level of quality of services provided in its territory.

On the positive side, Ukraine has done well in the last decade to work with scholars, jurists, business practitioners, and civil society to ratify outstanding international legal norms in this area, which has led to the introduction of new mechanisms for digitizing public administration. During 2019-2020, Ukraine was actively implementing the processes of digital transformation of public administration. A number of strategies were adopted, the Ministry of Digital Transformation was established, headed by the Deputy Prime Minister of the Government, and decisions were implemented under the parliamentary control of the Committee on Digital Transformation of the Verkhovna Rada of Ukraine.

However, there is an urgent need to unify the rules in this area, the development and adoption of regulations that will regulate the application of the procedure for appealing the service activities of public authorities, participation and influence of consumers on public administration decisions.

Analysis of basic research and publications. One of the first modern studies important for the development of scientific developments in digital transformations in the field of public administration is the work of American scholars P. Danley, G. Margets. S. Bastow, J. Tinkler, "Managing the Digital Age: IT Corporations, Government, and E-Government,"

East European Scientific Journal #4(68), 2021 21 which consists of nine chapters (12.Digital Era Governance).

In addition, among foreign scholars should be noted the following scientists who have conducted research in the field of public services: M. Bengemann, W. Brown, D. Guyford, W. Weiss, A. Williams, W. Kempen, M. Clark,, L. Matei, R. Merdyk,

A. Palomo-Navarro (management of networks of "smart" cities), M. Puchek (national level of smartmanagement), R. Rawlings, J. Steward, K. Friedman, J. Schwartze and others.

Some issues of modern regulation of effective application of mechanisms for appealing the service activities of public authorities have been studied in the scientific works of O. Arkhipska, V. Bakumenko, I. Boyko, O. Bukhanevych, O. Karpenko, O. Kilievych, I. Koliushko, D. Luchenko,

B. Melnychenko, V. Governor, A. Osmak, L. Prudius, T. Seryogina, V. Soroko, D. Spasibova, V. Tymoschuk, A. Khlebnikov, O. Tsyganov. One of the first modern studies important for the development of scientific developments in digital transformations in the field of public administration is the work of American scholars P. Danley, G. Margets. S. Bastow, J. Tinkler, "Managing the Digital Age: IT Corporations, Government, and E-Government," which consists of nine chapters (12.Digital Era Governance).

The purpose of the article is to analyze the ways of implementation of the most advanced for Ukraine foreign experience mechanisms for appealing the service activities of public authorities and to develop appropriate practical recommendations for public authorities.

Presenting main material. The practical experience of normative influence in the European countries on the general administrative procedure for appealing the service activities of public authorities was formed in the form of national laws, which were adopted in Austria (1925), Poland and Czechoslovakia (1928), Yugoslavia (1930). Since the middle of the twentieth century, similar laws have been passed in Hungary in 1957 and in Spain in 1958. After World War II, new versions of legislation in this area were adopted in Yugoslavia (1956) and Poland (1960), and later, in Germany (1976), Bulgaria (1979), Poland (new edition - 1980), Denmark (1985), Austria (new edition) and Italy (1990), Portugal (1991), the Netherlands (1992) and in other countries (4. B. Melnychenko, p.50-55).

A conditional starting point can be considered a scientific and analytical report on the impact of modern ICT on social transformation, economic and human development in the form of a recommendation for the European Council - "Europe and the global information society", prepared in 1994 by a group of experts led by Martin Bengemann and known as the Bengemann Report (14. Recommendations to the European Council). The analysis was prepared on the basis of the concept of "information society" (hereinafter - IS), (the idea first emerged in the 60s of the twentieth century among Japanese sociologists, and gained popularity in

22 East European Scientific Journal #4(68), 2021 the 90s against the background of intensified competition in ICT between the United States, Japan and the EU) as a new type of society based on the widespread use of previously unavailable opportunities that later became provided by ICTs. The idea was based on the hypothesis that broad informatization can lead to a qualitative leap in social and human development, and later to achieve a new level of communication, science and education, economic development, drastic improvement of quality of life, improvement of socioeconomic structure, greater cohesion of societies. development of globalization processes. This report influenced the further development of the EU's digital transformation and became the basis for further policy and regulatory documents.

Such an initiative was the e-Europe programme launched by the European Commission in 1999, which was approved by the Lisbon European Council in March 2000 under the title "eEurope - an information society for all" (13.eEurope 2005), which was the basis for to introduce strategic documents and plan their implementation. Such documents were implemented including the development and adoption in the spring of 2010 by the European Council of the European Union's socio-economic development program for the period up to 2020 "Europe2020", which approved one of seven initiatives - "Digital Agenda for Europe" (11.Digital Agenda for Europe). This sectoral strategy has become the main project document until 2020 on the development of the digital sphere of the European Union. The strategy envisaged planning the implementation of 101 activities in seven key areas of the "seven pillars" (seven pillars): the creation of a single digital market; achieving interoperability (interoperability) of software and content, optimization of relevant standards; increasing the trust and security of users; development of high-speed Internet (broadband broadband access); development of scientific research and innovations; further dissemination of digital literacy and IT skills; use of digital technologies to solve social problems. These areas were formulated in the form of thirteen goals, indicating specific deadlines with a plan for their implementation.

The experience of European countries is also gradually being implemented in Ukraine in the direction of democratization of relations between the government and the citizen, the impact on the transparency of decision-making, the possibility of their further appeal and digital transformation of public administration.

It is necessary to define as a significant step for the change of state policy the adoption of 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 hand, signed on March 21, 2014 and ratified by the Law of Ukraine of 16.04.2014 №1678-VH. These and other international legal acts of the EU became the foundation for changing and improving the tools of digitalization of public administration in Ukraine and provided an opportunity to develop mechanisms for

UB

BtSSjB

appealing against the service activities of public authorities. Thus, in the future it contributed to the introduction of foreign experience in the development of certain regulations and the practice of mechanisms for appealing the service activities of public authorities. Thus, the Strategy of Public Administration Reform of Ukraine for the period up to 2021 was adopted, approved by the order of the Cabinet of Ministers of Ukraine (hereinafter - the Cabinet of Ministers) dated 24.06.2016 №474, as amended on 18.12.2018 №1102-r; Order of the Cabinet of Ministers of Ukraine "On approval of the Concept of development of the digital economy and society of Ukraine for 2018-2020" and approval of the action plan for its implementation dated January 17, 2018 №67-r; Order of the Cabinet of Ministers of 28.10.2020 № 1353-r "On approval of the Strategy of digital transformation of the social sphere", to implement the State Strategy of Regional Development for 2021-2027, approved by the Cabinet of Ministers of 05.08.2020 №695; Order of the Cabinet of Ministers of Ukraine "On approval of the Concept of development of artificial intelligence in Ukraine" dated December 2, 2020 201556 Order of the Cabinet of Ministers "On approval of the Concept for the development of digital competencies and approval of the action plan for its implementation" from 03.03.2021 №167-r.

These documents and the development of new regulations on their basis should be agreed upon and require the adoption of a single framework document to regulate the implementation of procedures for appealing against decisions, actions or omissions of public authorities and generally implement the service state policy in the country.

In 2021, the review of 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 hand (projected in the analytical environment) begins in Ukraine. hereinafter referred to as the Agreement) (6.Agreement), which was signed on March 21, 2014 and consists of 486 articles and four dozen annexes to it. There were no clear deadlines for the implementation of the Agreement, but one of its clauses states that it may be revised every five years. The full Agreement entered into force only on September 1, 2017 and formally from September 1, 2021 there will be conditions for revision of some of its provisions, which Ukraine has repeatedly stated given the need to modernize the Agreement to protect its economic interests in liberalizing the free trade area and the activities of free economic zones.

With regard to ensuring the effectiveness of mechanisms for appealing against the service activities of public authorities, the Agreement provides for a number of rules. In particular, the provisions of Chapter 12 of the Agreement ("Transparency") regulate the procedure for administrative proceedings (Article 285), review and appeal (Article 286), regulatory quality and enforcement and good governance (Article 287), and Article 471 for free access to their competent courts and administrative bodies to protect personal and property rights.

UB

bbsm

Following the conclusion of the above-mentioned Agreement, on July 15, 2014 the Organization for Economic Cooperation and Development (OECD) adopted an outstanding document to implement the transition to the concept of service policy of leading countries in relation to changes in national legislation to ensure service, quality and transparency in relations with citizens. This document became the Recommendations on Digital Government Strategies (5. Recommendations of the OECD Council) - the first international legal document regulating the functioning of digital governance. The recommendations were developed and approved at the suggestion of the OECD Committee on Public Administration, in which Ukraine has had permanent observer status since 2008. They aim to help countries adopt strategic approaches to technology that foster more open, effective, participatory activities, prepare governments for technological change and digital opportunities, and deliver positive long-term results for societal values, as well as reducing the risks associated with the quality of service delivery to citizens, improving public sector efficiency, public confidence, and multilevel and multilateral governance.

We should note that the OECD is an international organization established in 1960 in Paris that unites 37 countries with innovative economies and actively cooperates with other countries (including Ukraine) in the framework of specialized programmes, international events, and others. On October 7, 2014, Ukraine and the OECD signed a Memorandum of Understanding and Deepening Cooperation (7th Agreement).

The above-mentioned official document became the basis for the development and adoption by the participating countries of digital transformation strategies in their countries. Among such countries that have already implemented the above strategy are Belgium (17), Denmark (20), Germany (23), Singapore (18), the United States of America (24), Switzerland (16), and Sweden (22).

In 2016, at the initiative of the Government of Ukraine and the non-governmental expert community, the Digital Agenda of Ukraine "Digital Agenda" 2020 was developed and adopted, which outlines the basic principles of digitalization of Ukraine in seventeen sections. Currently, in the expert environment, analysts of the independent analytical center "Ukrainian Institute of the Future" are creating a programme document: "Ukraine 2030 - a country with a developed digital economy" with the development of direction for digitalization of public administration, which is presented in section 6.6.2. "The role of the state in achieving KRI" (8. Ukraine 2030).

It is obvious that in order to achieve its strategic goals, Ukraine needs to implement the rapid development of digital transformations on the example of already developed and implemented strategies and must ensure the normative consolidation of the experience of EU countries in its legal documents. components of digital transformation strategies such as: data registers as the main source of competitiveness;

East European Scientific Journal #4(68), 2021 23 development of the Internet of things; digital transformations of both individual businesses and entire sectors of the economy and management; shared economy; virtualization of physical infrastructure IT systems; Artificial Intelligence; and digital platforms.

On March 9, 2021, the European Commission in Brussels adopted a new Strategy for the Digital Transformation of Europe until 2030 and ways to achieve them "European Digital Decade" (5th Strategy). The European Commission proposes to introduce a digital compass for Europe to realize the EU's digital ambitions by 2030 within specific deadlines in four areas: citizens' digital skills; secure, productive and sustainable digital infrastructures, digital business transformation, and digitization of public services.

The development of a strategic decision on the transition to the sixth technological mode of production, which should be completed no later than 2050 with the parallel provision of restructuring a new type of economy and the development of tools to protect it, is being discussed in the scientific and expert community. Mastering the sixth technological way, characterized by the development of cognitive, socio-humanitarian, educational technologies,

nanobiotechnologies related to both food production and medicine and pharmaceuticals and based on the achievements of molecular chemistry, biology and genetic engineering; artificial intelligence systems and quantum technologies; global information networks and digital technologies; integrated high-speed transport systems; new types and methods of energy production (1). Currently, 60% of multinational companies have switched to digital technology in response to the current threats posed by global quarantine restrictions caused by the COVID-19 virus epidemic.

There are two scenarios of digital transformation of the state - evolutionary and forced, so given the lag behind the implementation of these international legal acts and strategies for the digital transformation of public administration, namely, in terms of effective use of mechanisms to challenge service activities, there is a need for rapid development and digital transformation of Ukraine. This is encouraged by the global pandemic and quarantine measures, which force to transfer work and communication with public authorities to a remote mode and oblige to develop tools for remote influence on the processes of serving consumers of administrative services, appealing the results of such activities.

The effectiveness of such actions can be evidenced by the real impact of the citizen on the service, and in general will contribute to digital transformations, especially in public administration and the economy. Indicators of such competence, which indicate the readiness of the state to implement digital technologies by comparing the state of its development with predetermined criteria, allow to further realize their strategic intentions. This indicator allows the indicators of the Digital Evolution Index (3.Index) - a holistic assessment of the progress of the digital economy,

24 East European Scientific Journal #4(68), 2021 which combines about a hundred indicators in four areas: supply conditions (Supply Conditions), digital technologies or network capabilities, demand conditions ( Demand Conditions), institutional environment, (Institutional Environment) and Innovation and Change.

It is to increase such ratings and indicators that it is necessary to change the quality of service provision and promote the development of mechanisms for appealing against the service activities of public authorities. To do this, it is necessary to comply with the requirements of international norms to ensure the standardization of the civil service. The most common basis for the creation of such systems is the international standard ISO 9001 (19), which was revised and adopted by Ukraine to the national standards by the abbreviation DSTU ISO 18091: 2020, which enters into force on 01.06.2020 by order of the Ukrainian Research and Training Center for Problems of Standardization, Certification and Quality "dated 25.11.2020 №408 (2.DSTU), and its measurement is carried out by the Center for Adaptation of the Civil Service to the Standards of the European Union of the National Agency of Ukraine for Civil Service and publishes reports on quality management systems authorities (including the provision of administrative services) (10. Adaptation Center).

In order to determine the quality, efficiency and effectiveness of the service in the world it is recognized to use the tools of TQM (15.Total Quality Management). TQM - a model of overall quality management - ie management philosophy of continuous improvement of service quality to fully satisfy the consumer of services, optimal use of resources, as well as satisfaction with their own work of employees that leads to reliable and innovative services to consumers). They also use the Common Assessment Framework (CAF) model, a joint product model of 15 EU ministries operating in the field of public administration, the main purpose of which is to provide a fairly simple definition of the place of public authority in public sector self-assessment.

In addition, when applying the mechanisms of appealing the service activities of public authorities, it is efficient to use in comparing the mechanisms of appealing the comparison of their compliance with the following requirements for service delivery standards: ISO 9000: 2015, ISO 26000 on social responsibility; Investors in People, guidelines on staff involvement and competence (ISO 10018); staff training (ISO 10015); anti-corruption management systems (ISO 37001); codes of conduct for organizations (ISO 10001); consideration of complaints in organizations (ISO 10002); Out-of-organization dispute resolution (ISO 10003); monitoring and evaluation (ISO 10004); quality programs (ISO 10005); quality management in projects (ISO 10006); quality management system documentation (ISO / TR 10013), risk management (ISO 31000), and others.

The above tools can be an assessment factor when considering the compliance of the results of the service, the formation of documents for its appeal and

preparation for review or judicial review of the appeal of the service activities of public authorities.

In addition, in the appeal process it should be understood that the right to do so is part of ensuring the accountability of public authorities to the public and is recognized as one of the EU's priorities, reflected in many documents of the Council of Europe and the European Court of Human Rights. The main documents of the Council of Europe that are important in the context of the problems of appeal include: Resolution (77) 31 on the protection of persons with regard to acts of administrative bodies of 28.09.1977; Resolution R (80) 2 on the exercise of discretion by the administrative authorities of 11.03.1980; Recommendation R (91) 1 concerning administrative sanctions of 13.02.1991; Recommendation Rec (2001) 9 on alternative methods of dispute settlement between administrative authorities and individuals of 05.09.2001; Recommendation Rec (2003) 16 on the implementation of decisions and court decisions in the field of administrative law of 09.09.2003.

Administrative legal issues are often found in the practice of litigation, the practice of respect for human rights in addition to national law (largely regulated by the Code of Administrative Procedure), and the ECtHR in terms of compliance with Articles 6, 13 of the Convention for the Protection of Human Rights and fundamental freedoms from 04.11.1950.

Currently, unfortunately, in Ukraine there is no single codified document on the settlement of mechanisms for appealing against the service activities of public authorities, so it is necessary to turn to international practices and accelerate the adoption of such regulations that would contain all the necessary requirements for resolving such disputes. which will simplify bureaucratic procedures and facilitate the interaction of government and citizens. For twenty years, such a document has been developed by scholars, experts, government officials and parliamentarians in the form of the Code of Administrative Procedure and the relevant law on administrative procedure.

The draft Law "On Administrative Procedure" is in the Parliament (register №3475), which was developed by the Ministry of Justice of Ukraine in pursuance of paragraph 55 of the Action Plan for the Strategy of Public Administration Reform of Ukraine for 2016-2020, approved by the Cabinet of Ministers of Ukraine June 24, 2016 № 474. This draft Law has been drafted in accordance with a number of other acts, including international ones, in particular Recommendation XIV of the Third Additional Report on the Implementation of Recommendations to Ukraine (RC-I / II (2009) 1E), approved by the Council of Europe Against Corruption (GRECO) at its 59th plenary session.

Conclusions. The study analyzes the development in the EU countries of regulatory regulation of digitalization of public administration, which became the basis for the formation of an appropriate environment for the development of mechanisms for appealing the service activities of public authorities for practical implementation in Ukraine.

We noted that in the process of appealing the service activities of public authorities it is necessary to use the norms of international law ratified by Ukraine, which are an integral part of national law and have a prerogative in application, including EU regulations and positive practice of appealing to the European Court of Human Rights.

Having considered the foreign experience of the practice of public administration in the EU, we determined that it is becoming increasingly important to ensure its digitalization, the actual implementation of service-oriented government policy, as well as the need to develop mechanisms for its appeal. Dominant positions should be occupied by new mechanisms of relations between the state and citizens, which are based on the processes of production, processing, storage, transmission, and use of data. We noted that for modern public authorities to ensure the quality of digital governance services becomes a priority to deepen cooperation and develop digital transformations.

The issue of assessing the quality of management services to citizens is analyzed and it is determined that approaches to digital services currently do not allow to properly assess their provision on the same criteria due to the fundamental difference in the mechanisms of providing such services.

We proposed to expand the possibilities of using international standardization to determine the quality of service provision in the application of mechanisms for appealing against service activities of public authorities, as well as the Recommendations of the Council of Europe, which can be used in the context of such appeals. We determined that an effective tool in such activities will be the use of the case law of the European Court of Human Rights, which is reflected in its decisions on the protection of citizens' rights in their statements against Ukraine in their favor.

This experience is gradually being implemented by Ukraine in national legislation and the development of strategic directions for democratization of relations between government and citizens, the impact on the transparency of decision-making, the possibility of their further appeal and further digital transformation of public administration. However, these documents and the development of new regulations on their basis should be in a coherent manner, requires codification and adoption of a single framework document to standardize the implementation of procedures for appealing against decisions, actions or omissions of public authorities.

Currently, unfortunately, in Ukraine there is no single codified document on the settlement of mechanisms for appealing against the service activities of public authorities, so it is necessary to turn to international and European practices and accelerate the adoption of such a legal act that would contain all the necessary requirements for such disputes, which will simplify bureaucratic procedures, combat corruption and facilitate interaction between government and citizens.

East European Scientific Journal #4(68), 2021 25

In the process of developing institutional mechanisms for appealing against the service activities of public authorities, it is necessary to adopt a legal act on administrative procedure, and provide for the regulation of its implementation and enforcement.

References:

1. Drobin AA The sixth technological way: educational aspects. Kropyvnytskyi, December 6, 2019. Portal of scientific conferences of the Central State Pedagogical University named after B.BHHHH^eHKa. Electronic resource. Access mode: https://www.cuspu.edu.ua/en/konferenc-19-20/ix-mizhnarodna-naukovo-praktychna-onlain-internet-konferentsiia-problemy-ta-innovatsii-v-pryrodnycho-matematychnii-tekhnolohichnii -i-profesiinii-osviti / sektsiia-5/10530-shostyy-tekhnolohichnyy-uklad-osvitni-aspekty

2. DSTU ISO 18091. Implementation and certification of quality management systems for services. URL: https://zakon.rada.gov.ua/rada/show/v0408774-20#Text

3. Index of Digital Evolution. URL: https: //newsroom. mastercard. com/eu/files/2014/09/Digital-Evolution-Index_MC-Key-Findings-FINAL.pdf

4. Melnichenko BB Administrative and legal support of public administration in the countries of the European Union. Law and society. Dnipro. №1. Part 2/2020. Pp.50-55.

OECD Council Recommendation on Digital Government Strategies. Paris. 07/15/2014 URL: https://legalinstruments.oecd.org/en/instruments/OEC D-LEGAL-0406

5. OECD Council Recommendation on Digital Government Strategies. Paris. 07/15/2014 URL: https://legalinstruments.oecd.org/en/instruments/OEC D-LEGAL-0406

6. Strategy. European digital decade. International document. Brussels. 03/09/2021 URL: https://ec.europa.eu/commission/presscorner/detail/en/ IP_21_983

7. Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, dated 27.06.2014. URL: https://zakon.rada.gov.ua/laws/show/984_011Associat ion Agreement between Ukraine, of the one part, and the European Union, the European Atomic Energy Community and their Member States, of the other part, dated 27.06.2014 . URL: https://zakon.rada.gov.ua/laws/show/984_011

8. Agreement on renewal of the Memorandum between the Government of Ukraine and the Organization for Economic Cooperation and Development. Agreement. International document. URL: https://zakon.rada.gov.ua/laws/show/966_001-21#Text

9. Ukraine 2030e - a country with a developed digital economy.// Ukrainian Institute of the Future. URL: https://strategy.uifuture.org/kraina-z-rozvinutoyu-cifrovoyu-ekonomikoyu.html#6-2-6

26 East European Scientific Journal #4(68), 2021

10. Charter of Fundamental Rights of the European Union. International document. European Union.07.12.2000.Electronic document. Access mode: https://zakon.rada.gov.ua/laws/show/994_524#Text

11. Civil Service Adaptation Center. URL: http://www.center.gov.ua

12. Digital Agenda for Europe // European Commission [Electronic resource]. - Access mode: http://ec.europa.eu/digital-agenda/digital-agenda-europe

13. Digital Era Governance: IT Corporations, the State, and e-Government. Clarendon Press. 2006. URL: https://oxford.universitypressscholarship.com/view/10 .1093/acprof: oso / 9780199296194.001.0001 / acprof-9780199296194

iНе можете найти то, что вам нужно? Попробуйте сервис подбора литературы.

14. eEurope 2005 // EUROPA. Summaries of EU legislation URL: http://europa.eu/legislation_summaries/information_s ociety/strategies/l24226_en.htm

15. Recommendations to the European Council. Europe and the global information society. URL: http ://paginaspersonales.deusto. es/abaitua/konzeptu/w 3c%5 Cbange. htm#chap

16. Total Quality Management. URL: https://www.progressive-management.com.ua/tqm-total-quality-management

17. https ://www.digitaldialog. swiss/en/

18. https://www.belgium.be/fr/justice/securite

19. https://www.imda.gov.sg/infocomm-media-landscape/SGDigital

20. ISO 9001. URL: http://iso.kiev.ua/iso-9001/history-iso-9001 -2.html

21. https://eng.em.dk/media/10566/digital-growth-strategy-report_uk_web-2.pdf

22. https://niss.gov.ua/sites/default/files/2020-02/material-1-1 .pdf

23. https://www.oecd-ilibrary.org/science-and-technology/oecd-reviews-of-digital-transformation-going-digital-in-sweden_9789264302259-en

24.

https://www.service.bund.de/Content/DE/Service/Ueb er-service-bundde/ueber-service-bundde_node.html#doc4641996bodyText3

25. https://www.state.gov/digital-government-strategy/ https://www.state.gov/digital-government-strategy/

i Надоели баннеры? Вы всегда можете отключить рекламу.