Conference PaperPDF Available

EXECUTION OF PUBLIC AUTHORITIES' COMPETENCIES ELECTRONICALLY IN THE SLOVAK REPUBLIC

Authors:
  • Comenius University Bratislava Faculty of Management

Abstract

The main aim of legislation in the sphere of electronization of public administration, namely the E-Government Act, was to create legal environment for execution of public authorities' competencies electronically, to simplify, speed up, clarify and unify communication processes and at the same time to remove unnecessary fragmentation of legislation in a number of already existing legislation in the area of electronic services by public authorities towards the citizens and public authorities among themselves. This act codifies electronic communication as a key form of communication with public authorities as well as of communication among individual public authorities in addition to historically main, and still crucial and necessary, classical paper form. The E-Government Act establishes a duty for public authorities to execute their competencies electronically while citizens are given a choice of form of communication.
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EXECUTION OF PUBLIC AUTHORITIES’ COMPETENCIES
ELECTRONICALLY IN THE SLOVAK REPUBLIC
doc. JUDr. Daniela Gregušová, CSc.1
doc. JUDr. PhDr. Tomáš Peráček, PhD.2
Mgr. Petra Capandová, PhD.3
Mgr. Alexandra Mittelman4
1 Danubius University, Janko Jesensky Faculty of Law, Slovak Republic
2 Comenius University in Bratislava, Faculty of Management, Slovak Republic
3 Comenius University in Bratislava, Faculty of Pharmacy, Slovak Republic
4 Comenius University in Bratislava, Faculty of Management, Slovak Republic
ABSTRACT
The main aim of legislation in the sphere of electronization of public administration,
namely the E-Government Act, was to create legal environment for execution of public
authorities’ competencies electronically, to simplify, speed up, clarify and unify
communication processes and at the same time to remove unnecessary fragmentation of
legislation in a number of already existing legislation in the area of electronic services
by public authorities towards the citizens and public authorities among themselves. This
act codifies electronic communication as a key form of communication with public
authorities as well as of communication among individual public authorities in addition
to historically main, and still crucial and necessary, classical paper form. The E-
Government Act establishes a duty for public authorities to execute their competencies
electronically while citizens are given a choice of form of communication.
Keywords electronic communication, E-Government, competencies electronically,
INTRODUCTION
1st of November 2013 Act no. 305/2013 of the Journal of Laws about the electronic
version of execution of public authorities’ competencies and about the change and
completion of other acts (the E-Government Act) entered into force. This Act
established basics of legal regulations of the electronic version of execution of public
authorities’ competencies as well as strategic goals of the process of introducing e-
government. The national concept of informatization of public administration outlined
the basic architecture of integrated information systems of public administration and
standards of their building with the aim of arranging interoperability and independence
on technologies. The legislative aim of the Act about electronic public administration
was approved by the government of the Slovak Republic by its decree no. 657/2010
from 29th of September 2010.
3rd International Multidisciplinary Scientific Conference on Social Sciences & Arts SGEM 2016
The mail goal of these regulations was to create the legal environment for the realization
of execution of public authorities’ competencies electronically[5], to simplify, speed up,
clarify and unify communication processes and at the same time to remove unnecessary
fragmentation of legislation in a number of already existing legislation in the area of
electronic services by public authorities towards the citizens and public authorities
among themselves. When creating the legal regulations of electronization of public
administration, it was necessary to approve and determine many new legal institutes that
had not existed in body of laws before. However, these legal institutes are necessary for
the execution of public authorities’ competencies electronically. It involves mainly
electronic registration and delivery, identification and authentication of persons,
guaranteed conversion, mailboxes, reference registers, settlements of payments to public
authorities electronically and others, that are specially defined or modified in the certain
parts of the E-Government Act. Various legal institutes for electronic communication,
that are defined in the E-Government Act, form some alternative to already existed legal
institutes used and exerted in legal language by now and have been exclusively
determined for the traditional (paper/documentary) way of execution of public
authorities’ competencies. Nowadays, these new expressions are necessary for the
correct functioning of electronic processes that are used in the execution of public
authorities’ competences on the basis of the E-Government Act. However, the E-
Government Act does not substitute the existing legal regulations that modify civil,
criminal or administrative procedures by its new legal regulations aimed mainly to
electronic registration, delivery or documents’ conversion.
Various selected issues about the E-Government Act
From the point of view of electronization, it was very important for the execution of
public authorities’competencies electronically to determine general legal regulation of
this „electronic way of the execution of public authorities’competencies and at the
same time to provide the compatibility with the existing legal regulations, that were
determined and created for the original but till now decisive form of legal acts,
documents..etc. The E-Government Act has created the functional model of electronic
services for public authorities and administration bodies. It has interconnected basic
registers of public administration by means of approved provisions and to create
common model interface for interoperability and usage of files and data located in them
on the basis of unified way of their usage. The integral part of execution of public
authorities’competencies was to secure personal electronic mailboxes with the aim to
decrease paperwork and the ability of transfer of paper form into electronic form, that
means the speeding of processes and simplifying administration for citizens and
companies.
The E-Government Act structure
The Act is divided into 10 Articles, where the body and all legal regulations are
incorporated in the first Article. Other articles show the active derogation of legal
enactments, that are connected to electronic execution of public authorities
‘competencies. There are some outstanding changes that are embodied in the Act no.
275/2006 of the Journal of Laws about information systems of public administration,
the Act no. 215/2002 of the Journal of Laws about electronic signature and also the Act
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no. 395/2002 of the Journal of Laws about archives and department fillings, the Act no.
7/2005 of the Journal of Laws about bankruptcy and restructuring, as well as the Act no.
301/2005 of the Journal of Laws. According to the Article X the E-Government Act
entered into force on the 1st of November 2013.
The subject, the scope and the basic definitions of the Act
From the point of view of legal regulation of the electronic execution of public
authorities competencies, we are going to focus mainly on the first Article of the E-
Government Act.
The Act is then systematically divided in the first Article into 7 parts. The first part
consists of basic provisions, where is the subject, the scope and the basic definitions of
the Act defined.
The subject of the Act is the regulation of information systems determined for the
execution of public authorities’competenies electronically, regulations and conditions of
electronic registration, electronic official document as well as other conditions and the
way of execution of public authorities’competencies and electronic communication
among public authorities themselves.[1]
Inseparable part of the execution of public authorities’competencies is also the legal
regulation of electronic registration together with the functioning of electronic
mailboxes, creating the legal environment for securing the identification and
authentication of persons as well as authorization of documents. Although, on the basis
of the Act no. 275/2006 of the Journal of Laws, electronic copy and output from
information systems of public administration were already known, the E-Government
Act specially modifies in its fourth part conversion and guaranteed conversion, i.e.
transfer of electronic document into paper form. For the execution of public
authorities’competencies, it is also necessary to modify conditions and way of execution
of payments/refunds of the public authority for the services provided and modification
of reference registers. [3]
a) The scope of the Act
The scope of the Act is defined in the clause of § 2 part 1 (positive definition of the
scope) and in §2 part 3 (relation of the E-Goverment Act to special regulation as the
relation lex generalis to lex specialis), according to that , this Act is related to the
execution of public authorities’competencies electronically in the range of competencies
of these authorities according to special regulations. The present competencies of public
authorities then remain as they are, as well as their procedure in proceedings, whereby
the E-Government Act determines only deviations in electronic proceedings and in case
of electronic communication. The Act does not refer to information systems , that
process or contain classified materials or sensitive information, it does not refer to E-
Health information systems or to those that are established by international
organizations or European Union. [2]
3rd International Multidisciplinary Scientific Conference on Social Sciences & Arts SGEM 2016
b) The basic definitions of the Act
The clause of §3, containing the basic definitions of the Act is from the legal point of
view important, as some definitions from the area of informatization are necessary to be
included also to our body of laws and are important also in connection with
informatization of the society and especially for juristic practice. From the reason of
exactness of the legal text, the Act acceded to definitions also in the parts of E-
Government Act.
For the subjects, that the E-Government Act is determined for, it is important the
specification of the definition „execution of public authorities‘ competencies“ as
proceedings of public authority in the range of special regulations in the issues of
decisions about law, interests protected by law and obligations of natural or legal
person.
For the first time, those definitions are specified by the Act as electronic message,
electronic form, electronic official document or electronic mailbox, although these
definitions are nowadays considered as notoriety. The Act within the scope of
specification of definitions in complex version specifies the definition „identifier of
person“, whereby it precises different types of persons, who are the part of execution of
public authorities’competences resp. they are involved in this legal regulation.
The exception are definitions that were already specified in the former legal regulations,
however, they are specified differently in the E-Government Act or the original
specification is extended in the new legal regulation. It involves mainly the specification
of the definition electronic communication and or electronic document, those were
already specified in the Act about electronic signature.
c) Information systems for the support of execution of public authorities‘
competencies
Public authorities in the range of their competencies provide creation and operation of
access points, common modules and systems of agenda, whose legal regulation is
integrated in the second part of the Act and is the basic conceptual architecture of
information systems, that according to the E-Government Act should serve for the
electronic execution of public authorities’competencies and whose creation and
operation will provide public authorities in the range of their competencies.
The basic conceptual architecture of information systems of public administration will
consist of three basic components, that were marked by the Act as a) access points, b)
common modules, c) agenda systems. For this reason they are regulated by the E-
Government Act.
The access points are information systems:
1. central portal of public administration, whose administrator is Office of the
Government of the Slovak Republic (Office of the Government) is the information
system of public administration, by means of which it is possible to execute centrally
electronic communication with whichsoever public authority and to access common
modules mainly by means of Internet. Office of the Government provides on central
portal the publication of the list of all public authorities together with the designation of
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legal proceedings, interests and obligations of persons protected by law who are
involved,
2. specialized portals, that are set up by public authority and are supposed to serve the
purpose of electronic communication with one or more public authorities,
3. integrated service point, served the purpose of assisted electronic communication of
natural and legal persons with public authorities in execution of public
authorities’competences. Ministry of Finance is the administrator of this integrated
service point. [6]
4. central contact centre, that serves the purpose of telephonic provision of information
about execution of public authorities competencies electronically and about
performance of public authorities’competencies connected to it. Central contact centre
is set up and is administrated by Office of the Government and is supposed to serve as
an equivalent of help-desk, or call-centre.
The administrators of these information systems (with the exception of central contact
centre) ,for the purposes of electronic communication provide creation of electronic
messages sent by means of these information systems (central portal, specialized portals
and integrated service point) in the single format that must be in the range of
communication with public, processable also in accordance with the requirements of
accessibility od assistance technologies of disabled persons.
In the E-Goverment Act, the more detailed conditions for the execution of performance
of integrated service point were adjusted, by means of which is possible:
a) to perform guaranteed conversion, that is adjusted in more detail in the Act and is
necessary for execution of public authorities‘ performance
b) to communicate electronically with public authority
c) to perform eventually other performances, if they are established in special
regulation.
The administrators of integrated service point can also be a notary or post company that
provides universal post service. [4] Details about integrated service points, mainly the
content of the request about the record to register of premises of integrated service
points, the details about establishing and marking the premises of integrated service
points and details about the conditions of integrated service points and record keeping,
as well as tariff of charges for the performance of integrated service point on the basis
of enabling regulation adjusted in the E-Government Act is constituted by Ministry of
Finance of the Slovak Republic by the general statute of legal regulation.
The second pillar of the basic architecture of public administration information systems
are common modules. Common modules are public administration information systems
that provide integrated performance of basic functions necessary for execution of public
authorities’competencies electronically and are used repeatedly by public authorities
and by other persons in common electronic communication for the purposes of
execution of public authorities competences electronically. The access to its
functionality is provided by means of central portal of public administration.
3rd International Multidisciplinary Scientific Conference on Social Sciences & Arts SGEM 2016
The E-Government Act further names enumeratively, which from common modules are
public authorities obliged to use when implementing the solutions for electronic
execution of public authorities’competencies. Office of the Government is obliged to
provide for free to public authorities those modules, that are according to this Act
obligatory modules.
d) Electronic mailboxes
Basic definition of electronic mailbox is defined as electronic storage, where are stored
those electronic messages and notifications that are delivered to owner of mailbox. The
owner of mailbox can be natural person, legal person or public authority.
Office of the Government keeps to every electronic mailbox (including cancelled
mailboxes) data defined by law, mainly : identificator of electronic mailbox, date and
time of setting up the mailbox, activations, deactivations and cancellation of electronic
mailbox, date and time of change of authorizations with exact hour, minute, second and
identificator of the person that made this change of authorizations. It also carries date
and time of every access to electronic mailbox, date and time of sending and receiving
electronic message to electronic mailbox with exact hour, minute, second and
identificator of the person that signed in to mailbox or that sent message, together with
the electronic message identification as well as data about owner of mailbox.
All the data, registered by Office of Government can only be accessed, except the owner
of electronic mailbox, by public authority only for the purposes, range, conditions, ways
and according to special regulations as they contain the data, that are content of privacy
of correspodence, privacy of other papers, recordings and privacy of delivered messages
and other papers.
In connection with the legal regulation of electronic mailboxes, Office of Government
must provide changelessness of electronic messages and documents stored in electronic
mailbox and must also provide the recordings of acts performed over electronic
mailbox. The Act appoints Office of Government to keep this data from the date of
setting up the mailbox till 3 years after the day of cancellation of mailbox. On the basis
of this, Office of Government records till 3 years from the day of occurrence the date
and time of every access to mailbox, the date and time of sending and receiving
electronic message to electronic mailbox with the recording of hour, minute, second and
the identificator of the person that accessed the mailbox or sent the message , together
with the identification of electronic message.
Within the framework of common regulations to electronic mailboxes, the Act imposes
to public authority that manages the natural persons register except other obligations to
annouce to Office of Government reaching the 18th year of age of natural person right
after this fact come into being and the date of death of natural person right after it comes
to know together with the identificator of the person.
By passing the E-Government Act, public authorities are obliged to put into effect
execution of public authorities‘ competencies electronically. On the other hand, citizen
can choose, if he communicates with public authorities electronically or in paper form.
The third part of the Act adjusts in detailed way execution of public
authorities’competencies electronically in a way that at the same time, it limits certain
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exceptions from the obligation to put this execution into effect electronically, if it
involves the acts in proceedings about law, interests legally protected or obligations of
persons:
a) where the particular regulation specifically imposes that their public authority
executes the procedures only in paper form
b) where the particular regulation imposes or enables the procedures being made orally
by the declaration of will or by presenting the matter that does not have paper or
electronic form
c) acts that involve execution of that performance which is oral legal proceeding, local
finding, execution of control or supervision on site, inspection, looking into writings,
arraignment and other similar proceedings that are executed out of the official building
where the public authority has the main office
The part of the execution of public authorities‘ competencies is detailed adjustment of
electronic registration and delivery including the tools, where is electronic formular
integrated as well.
In the third part of Act the keystone of legal regulation of electronization of public
administration is expressed the most oustandingly. It involves mainly the clause of §28
of the Act, on the basis of which the equalization of electronic version of registration
with the original paper form within the framework of the execution of public
authorities‘ competencies.
Penalties for infringement of duties established in the E-Government Act are adjusted in
the 7th part of the Act. Ministry of Finance is competent to impose penalties.
As the full-featured functioning of E-Government required to impose various technical
and organizational details in the form of general statute legal regulations, the E-
Government Act empowered by various empowering clauses Ministry of Finance,
Office of Government and Ministry of Internal Affairs to execute legal enactment. In
accordance with §60 the E-Government Act, three year transitional period was
determined for its implementation. This period was determined from the reason of
realization of all project measures connected to implementation of the Act into practice.
Conclusion
The legal regulation of the execution of public authorities‘ competencies has existed so
far in rather many special directives. The E-Government Act has appointed general
legal regulation of the way of the execution of public authorities‘ competencies in
electronic form including the coherent legal institutes, and it has enabled realization of
electronic services to public authorities by single way, without the necessity of
intervention to every single legal regulation. It is important that it does not change the
present competencies of single public authorities and it enables to apply it in the range
of competencies that public authorities have at their disposal according to special
regulations. The E-Government Act codifies the electronic communication as obligatory
form of communication with public authority also public authorities among each other.
3rd International Multidisciplinary Scientific Conference on Social Sciences & Arts SGEM 2016
On the other hand, it depends on the decision of citizen, if legal acts towards the public
authorities are performed electronically or in paper form. The E-Government Act should
simplify, accelerate, unify and clarify the communication processes and the security of
this communication should increase, as well.
REFERENCES
[1] Milošovičová Petra., Nováčková Daniela., Uplatňovanie práva na Slovensku, Czech
republic, 2014, pp 88-99
[2] Nováčková Daniela., Milošovičová Petra., Medzinárodné ekonomické právo, Slovak
republic, 2011, pp 15-16.
[3] Stoličná Zuzana., Vývoj hospodárskej politiky SR od transformačného obdobia
roku 1989 až po súčasnosť, Slovak republic, 2012, pp 11.
[4] Strážovská Ľubomíra., Malé a stredné podnikanie a rodinné podnikanie, Slovak
republic, 2007, pp 55-60
[5] Petrinec Filip., Greguš Michal., Managing the "intengibles": business and
entrepreneurship perspectives in a global context, Italia, 2014, pp 1130-1140.
[6] Varga Juraj., Mimosúdne riešenia sporov o domény. In: Acta Iuridica
Sladkoviciensia V. Právnicé štúdie. Slovak republic. p. 65 , 2013
... The e-Government Act establishes the power of public authorities to exercise the power of a public authority and to communicate with entrepreneurs electronically. [2]" eGovernment The concept of computerization (electronisation) of the company is closely related to the informatization of public administration, nowadays often referred to as eGovernment. 13 eGov.sk ...
Medzinárodné ekonomické právo
  • Nováčková Daniela
  • Petra Milošovičová
Nováčková Daniela., Milošovičová Petra., Medzinárodné ekonomické právo, Slovak republic, 2011, pp 15-16.
Vývoj hospodárskej politiky SR od transformačného obdobia roku 1989 až po súčasnosť, Slovak republic
  • Stoličná Zuzana
Stoličná Zuzana., Vývoj hospodárskej politiky SR od transformačného obdobia roku 1989 až po súčasnosť, Slovak republic, 2012, pp 11.
Malé a stredné podnikanie a rodinné podnikanie, Slovak republic
  • Strážovská Ľubomíra
Strážovská Ľubomíra., Malé a stredné podnikanie a rodinné podnikanie, Slovak republic, 2007, pp 55-60
Managing the "intengibles": business and entrepreneurship perspectives in a global context
  • Petrinec Filip
Petrinec Filip., Greguš Michal., Managing the "intengibles": business and entrepreneurship perspectives in a global context, Italia, 2014, pp 1130-1140.
Mimosúdne riešenia sporov o domény
  • Varga Juraj
Varga Juraj., Mimosúdne riešenia sporov o domény. In: Acta Iuridica Sladkoviciensia V. Právnicé štúdie. Slovak republic. p. 65, 2013