Interaction between public authorities and volunteer and charitable activity’s entities in Ukraine: administrative and legal aspect

Abstract

The article examines the administrative and legal aspect of interaction between public authorities and actors of volunteer and charitable activities in Ukraine. It is substantiated that under martial law such activities have acquired the significance of an important factor of social resilience, support for the state’s defence capability, humanitarian response, social assistance, and restoration of territorial communities.

The methodological framework of this study is based on systemic-structural and functional approaches, the application of which has made it possible to examine the interaction between public authorities and entities engaged in volunteer and charitable activities as a cohesive system of organizational, coordination, service, accounting and reporting, oversight, and digital linkages. The formal legal method was used to analyze the provisions of current Ukrainian legislation defining the legal foundations of volunteer, charitable and humanitarian activities, as well as the procedures for their public administration. The methods of analysis, synthesis and generalization were applied to identify the main forms of administrative and legal interaction, determine the limits of permissible public influence, and substantiate a coordination-and-service model of interaction that combines the requirements of legality, transparency and accountability with guarantees of the freedom of civic initiative.

It is determined that such interaction is not limited to the characterization of the legal status of volunteers, charitable donors, and charitable organizations, but covers a system of organizational, coordinative, service-oriented, registration, control, consultative, and digital links between public administration and civil society institutions. The main forms of administrative and legal interaction are revealed: coordination, public support, record-keeping, digital administration, control, ensuring transparency, and involvement of actors of volunteer and charitable activities in the formation and implementation of public policy. It is proved that the key problem in this area is ensuring a balance between the public interest, the requirements of legality, accountability and integrity, and the freedom of civic initiative. It is emphasized that excessive institutionalization, duplication of registration procedures, complication of reporting, or dependence of bona fide assistance on the discretionary judgment of officials may reduce the effectiveness of the volunteer movement.

A coordination-and-service model of administrative and legal interaction is proposed, which provides for the creation of clear rules, development of digital registration tools, tax, customs, and organizational support for bona fide actors, risk-based oversight, and stable communication channels between public authorities and civil society. It is concluded that such a model makes it possible to ensure an appropriate level of public administration without bureaucratizing volunteer and charitable activities and without excessive state interference in the freedom of civic initiative.