This control function is different from overseeing the legality of the behavior of individuals, individuals.
This control function is different from overseeing the legality of the behavior of individuals, individuals.
Such guarantees must be aimed not only at preventing deliberate violations of the law (in this case, abuse of power), but also against subjectivism in the sense of state expediency.
In other words, the exercise of state power is not limited to summary of animal farm the fight against crime. This function should also include combating manifestations of subjectivism, misinterpretation of state expediency and, ultimately, simply errors due to inexperience or insufficient qualifications of individual officials.
At the same time, it should be borne in mind that the supervision of the legality of actions of bodies and officials requires appropriate organizational and legal forms and measures. This control function is different from overseeing the legality of the behavior of individuals, individuals. Officials of the state apparatus, regardless of the position they hold, do not have any benefits for violating the law.
Violations of the rule of law by individual officials undermine confidence in the state apparatus in the people and thus harm the development of socially beneficial activity of the masses, which is one of the main conditions for strengthening the state system.
The rule of law requires that officials, on the one hand, strictly adhere to the law, protect the rights of citizens and take measures to satisfy their legitimate interests, and on the other hand, prevent violations of the laws of citizens. This corresponds to two main principles of legality – the principle of proper conduct of all participants in public relations governed by law, and the principle of rational operation of public authorities.
The following main requirements of the following principles of legality follow from it:
rule of law and observance of the hierarchy of legal acts (including in form and content); normative validity of acts of management of individual appointment (including acts of inquiry, investigative and judicial bodies); satisfaction and protection of citizens’ rights; unity of understanding and application of laws; supervision and control over observance of laws.
For example, in law enforcement agencies there are four groups of the most common misdemeanors:
1. Excess of power or official authority in the process of cessation of criminal encroachments, detention of persons who have committed crimes or other offenses during the inquiry or preliminary investigation, etc. 2. Excess of power or official authority in resolving issues of registration of crimes, initiation of a criminal case or its refusal, prosecution, statistical report, etc. 3. Negligence in the performance of functional duties. 4. Violation of the law in the process of legal assessment of acts of tort.
Legality is directly related to the proper functioning of the mechanism of legal regulation and control over the relevant subjects of social management. It is consistently achieved at a high level of organization of the work of bodies and officials, which is greatly facilitated by the informatization of the control function of social systems management. After all, the result of its implementation is the regulation of social relations. The most important thing here is that automated (computer) information systems provide an information mechanism that is implemented through activities regulated by law.
It is known that the dependence of legality and control over its implementation is determined by the dependence on the completeness of the management systems of reliable and timely information. This, in turn, is due to the fact that the process of implementation of legal norms in management has its own information side associated with the collection, transmission, storage and processing of various “control” legal information.
Modern provision of all hierarchical organizational structures of the social management system with proper information is an important condition for effective control activities. The importance lies in the fact that management systems, which have a clear functional and organizational structure and are provided with complete information, create favorable conditions for the implementation of legal norms to reduce the level of misconduct (a consequence of effective control).
The modern system of public administration in combination with the automated (computer) information system of legal information allows to take into account more fully the real opportunities in a particular area of public activity. With the help of modern AIS it is possible to collect and analyze such arrays of information that make it possible to anatomize the hidden characteristics of social relations and coordinate them in the parameters set by the “spirit of law”.
It is also serious to ensure the rule of law in the control activities of specialized law enforcement agencies (either state or public formations). The fact is that well-designed legislation and a system for preventing its non-compliance cannot yet ensure the required level of legality. To do this, there must be a set of organizational conditions – control, supervision, verification of implementation, where possible – the widespread use of scientific information technology (HIT).
Studies of theoretical problems of legality of public administration in the context of the control function show that the improvement of the structure of government, rational distribution and cooperation of labor, labor rationing, selection, training and placement of personnel, forms, methods, work style , a set of measures for scientific organization of management work largely depends on the completeness and timely development of legal decisions, as well as the effectiveness of their implementation. Organizational prerequisites for control are an important part of the system of economic and political conditions of legality.
The use of HIT makes it possible to significantly influence the prevention of misdemeanors. Recording in automated (computer information systems) executive bodies and posting them on the websites of these bodies the facts of abuse of power or official authority in the process of termination of offenses or other illegal actions of employees allows for serious preventive work with staff.
This measure also implements one of the aspects of democracy of power, its transparency for society. Every official who decides the fate of a person, a citizen, must have and feel over himself an informational sword of Damocles: remember that power is not only a right but also a duty. This to some extent solves the problem of combating corruption in the state.
The well-established process of collecting and processing information for the implementation of the control function makes it possible to identify overdue problems in a timely manner, to correctly identify ways to solve them. This contributes to a deeper and more comprehensive development of draft decisions, their validity, specificity, placement of the actual implementation of tasks, based on experience and comprehensive analysis of the situation.
For example, by analyzing the data accumulated in AKIS, employees have the opportunity to predict the situation, predict the development of negative trends and make appropriate decisions in advance. In the long run, this may be the basis of decision-making systems.
The requirements for selecting the necessary information apply to all forms of its accumulation and storage, but first of all – statistical information. Incomplete presentation of data in statistical records, despite the availability of information, is associated in practice with cases of intentional concealment from accounting.
The negative effect of their concealment is primarily manifested in the fact that they make the information biased, and this is a gross violation of the law.
Informatization of social management provides guarantees of legality. They are achieved through the activities of organizational subsystems of the automated (computer) information system, which arise in the process of management and information technology, which perform a number of accounting, control and other organizational functions.
Organizational and technical guarantees of legality are a certain system of conditions that arise on the basis of the application of HIT: conditions that create a basis for a significant increase in the reliability, completeness and timeliness of information;
conditions that allow to introduce automated control over the observance and use of legal and law enforcement acts, effective verification of the performance of duties arising from the official activities of employees. In terms of guarantees of legality, it should be noted the provision of proper prosecutorial oversight using the HIT.
In particular, in the literature there are four relatively independent areas of computer use in the prosecutor’s office:
automation of information processes in the conduct of prosecutorial supervision in all its areas; automation of information processes in the investigation and detection of crimes; automation of information processes in the management of the prosecutor’s office; automation of information interaction of the prosecutor’s office with state bodies in solving national tasks of political, economic and administrative management.
Informatization of the prosecutor’s office makes it possible to quickly check the level of detection of crimes by law enforcement agencies, the SBU, to determine the areas of their most frequent commission, and especially important that HIT provides the main principle of legal responsibility – responsibility for guilt. There is a chance to reduce the elements of subjectivism, to individualize the guilt of the offender.
Informatization of public administration creates conditions for effective control and verification at all levels of management, has the conditions to conduct complex interdepartmental analytical calculations. It is also important that the computer processes information about the activities of enterprises and organizations on the implementation of contracts and more.
A special prerequisite for legality in any activity is comprehensive and objective information about the law. Creation of automated information retrieval systems (AIPS) of legal information, based on modern means of collecting, processing and transmitting information, allows to conduct:
collection, accounting, processing, storage of legal acts adopted by state bodies of all levels; search and publication at the request of users of documentary and photographic information; prompt informing of users about new legal acts; publication of copies of legal acts at the request of users; exchange of information between law enforcement systems.
There are many legal information systems in place in Ukraine today.