Derevinskyi M. Administrative and Legal Regulation of State Awards

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003537

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

27-06-2019

Specialized Academic Board

К 26.006.09

Kyiv National Economics University named after Vadym Hetman

Essay

The dissertation paper determines that the purpose of legal incentives directed toward realization of people’s motivation, inducing them to carry out socially useful actions, affecting the inner world of a person, his/her needs, interests; upbringing behavior that forms the person's legal awareness and legal culture; social control, through which the society and the state control and coordinate the activities of an individual. Creating attractive conditions for social and legal activity, legal incentives guarantee their development and meet the needs and interests of subjects. Awards and, respectively, government awards, are legal incentives, among others. The author proves that the modern national awarding system is not perfect. It is suggested that each order be fixed and regulated by the charter, which defines the list of grounds (merits) in which the person can receive a certain order, the restrictions on its receipt (age, position, military rank), the possibility of obtaining a pre-term title when awarding a particular order. It is noted that the state policy of state awards is based on raising the image of the state, honoring the merits perceived by the society, and respecting the desire to continue such exemplary cases. For the successful functioning of the state, the modern award system must be transformed in the direction of the said state policy. The state must pay special attention to military valor, labor merit, and scientific achievements. The state award institution is ensured by public administration authorities. To improve the state awarding process, it is proposed to make a public discussion about the state awards through public Internet voting with further transmission of the data to the Department of State Awards of the Presidential Administration, processed therein and approved by the President of Ukraine. Such a procedure will significantly reduce the number of people who have been awarded the highest state awards and make it impossible to assign such awards in controversial cases. When the Internet voting for each individual candidate is implemented (with a descriptionof each candidate’s merits with four references, and his/her act to make it public), it is suggested that he Commission of State Awards and Heraldry must be liquidated. The Department of State Awards of the Presidential Administration is proposed to have the general social functions. At the same time, the President of Ukraine will retain the discretionary right to award certain people for their service to Ukraine. The administrative and legal status of the subject of state awarding is manifested in the form of rights and obligations, legal liability arising after awarding the certain state reward. Since the purpose of the said proceedings is not the resolution of the conflict of law, it is directed at the realization of the main task of rewarding merit as an exemplary act for society, stimulating people to another positive activity for the state, expressing respect to the awarded people for their bravery and service. The President of Ukraine who approves the decision adopted by a special commission on state awards and heraldry represents he administrative component reflected by public administration entity suggesting award on behalf of the society and subject.

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