Organizational and Legal Mechanism of Public Administration of Functioning and Development of Electronic Consultations

The paper presents the results of analysis of the status of organizational and legal mechanism of public administration of electronic consultations (e-consultations) as well as scientific and theoretical substantiation of recommendations to Ukrainian authorities on their improvement. The study of national and international laws in regard to functioning of the mechanism of e-consultations has been conducted to determine positive and negative factors influencing its application. Ways to improve specified mechanism regarding the structure of units of central (regional, local) executive bodies and local governments, legal normative acts concerning e-consultations and participation of public councils in the process of e-consultations have been offered. The main shortcomings of the organizational and legal mechanism of public administration of national e-consultations have been identified, including: low 36 Yanis Yansons quality of e-consultations; unwillingness of the subjects of power to allow the civil society to have a real impact on state affairs, lack of responsibility for ignoring the law in regard to organization and conduct of e-consultations, distrust of the authorities and “digital inequality” etc. Based on the analysis of international experience in implementing the tool of e-consultations, ways to improve the procedure for its implementation in Ukraine, changes to national laws and recommendations to central (regional, local) executive bodies and local governments, public councils and the civil society to improve the organizational and legal mechanism managing tool of econsultations implementation, operation and development.

REFERENCES:

• Concept of e-democracy development in Ukraine. Order of the Cabinet of Ministers of Ukraine, November 8, 2017 № 797-r. Retrieved from: https://zakon.rada.gov.ua/laws/show/797-2017-%D1%80 [in Ukrai­nian].
• Indicative Guide No.1 to Recommendation Rec(2009) 1 of the Commit­tee of Ministers to member states on e-democracy Generic tools and policies for an electronic democracy. (2009). The Council of Europe’s Ad Hoc Committee on e-democracy (CAHDE). Retrieved from: https://www.coe.int/t/dgap/democracy/Source/EDemocracy/CAHDE_IV/CAHDE%20indicative%20guide%20no%201%20Eonly_23Feb09.pdf.
• On approval of the Regulations of the Cabinet of Ministers of Ukraine. Order of the Cabinet of Ministers of Ukraine, July 18, 2007 (revision on November 15, 2020) № 950. Retrieved from: https://zakon.rada.gov.ua/laws/show/950-2007-%D0%BF [in Ukrainian].
• On ensuring civil society participation in the formation and implemen­tation of public policy. Order of the Cabinet of Ministers of Ukraine, November 03, 2010 (revision on May 07, 2019) № 996. Retrieved from: https://zakon.rada.gov.ua/laws/show/996-2010-%D0%BF [in Ukrainian].
• Recommendation CM/Rec(2009)1 of the Committee of Ministers to member states on electronic democracy (e-democracy). Retrieved from: https://wcd.coe.int/ViewDoc.jsp?id=1410627.
• Report on e-democracy in the European Union: potential and challenges (2016/2008(INI)). (2017). Committee on Constitutional Affairs Rappor­teur: Ramón Jáuregui Atondo, 14.
• The Constitution of Ukraine. (1996). Revision on January 01, 2020. Re­trieved from: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text [in Ukrainian].
• United Nations E-Government Survey 2020: Digital Government in the Decade of Action for Sustainable Development. With addendum on COVID-19 Response. (2020). United Nations. Retrieved from: https://publicadministration.un.org/egovkb/Portals/egovkb/Documents/un/2020-Survey/2020%20UN%20E-Government%20Survey%20(Full%20Report).pdf.