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Journal articles on the topic 'Administrative law enforcement'
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1
Bachrul Amiq, H. "ADMINISTRATIVE SANCTION IN ENVIRONMENTAL LAW." International Journal of Research -GRANTHAALAYAH 6, no. 6 (June 30, 2018): 22–37. http://dx.doi.org/10.29121/granthaalayah.v6.i6.2018.1331.
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Enforcement of administrative sanctions is part of the enforcement of administrative environmental laws. Law enforcement of the administrative environment itself can be done in a preventive and repressive manner. Administrative law enforcement that is preventive is done through supervision, while repressive law enforcement is done through the application of administrative sanctions. Supervision and application of administrative sanctions aims to achieve the adherence of the public to the legal norms of the administrative environment. Good supervision as part of preventive environmental law enforcement will prevent the violation of administrative law norms. Thus, environmental pollution resulting from such breaches can be avoided. This is better than the enforcement of repressive administrative sanctions after the offense. However, it does not mean that the review of enforcement of administrative sanctions is unimportant.
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Radwanowicz-Wanczewska, Joanna, and Nicola Fortunato. "Non-ruling forms of activity of public administration in administrative enforcement proceedings." Białostockie Studia Prawnicze 26, no. 5 (December 1, 2021): 229–42. http://dx.doi.org/10.15290/bsp.2021.26.05.14.
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Abstract The article contains an analysis of the issues related to the application of non-ruling forms of activity of public administration in the performance of public law obligations through administrative enforcement proceedings. In principle, as part of such proceedings, public law obligations, understood as orders or prohibitions within the area of administrative law and other branches of law applied by administrative authorities (tax law, financial law, labor law), are carried out. Non-ruling forms of activity play a major role in administrative enforcement proceedings. The implementation of an enforcement measure may be related to authorized entities taking not only ruling, but also non-ruling actions. In order to apply an enforcement measure (which constitutes an institutionalized form of administrative compulsion), an administrative authority, on occasion, has to take non-ruling activities. Considering, primarily, the significant severity of the compulsion measures that may be applied towards the party obliged under enforcement proceedings, this proceedings should be carried out with respect for the values of a democratic state and with due care for the good of an individual.
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Dubis, Szymon. "Police cooperation with the enforcement authorities in the enforcement proceedings in administration." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 31 (2020): 37–54. http://dx.doi.org/10.15584/znurprawo.2020.31.3.
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On the basis of the science of administrative law and administration, praxeology or organization theory, nowadays, there is a view, that administrative entities should cooperate with each other while performing public tasks. The cooperation of public administration entities as a principle of law, was reflected in the Polish Constitution of 1997 and its content was developed and specified in legislation. The enforcement authorities are entities that enter in different legal relations with participants of the administrative enforcement during their proceedings. At the same time, they are the obligatory participants of the enforcement relationship. The aim of the administrative enforcement proceedings is to compel the obligated entities to meet their obligations which are subject to the administrative enforcement. As the enforcement authorities enter into different legal relations with participants of the administrative enforcement, specific legal instruments were conferred on them, including providing assistance or cooperation. These serve to achieve the aim of the proceedings. Among others, the enforcement authorities cooperate with the police, so that the legal instruments they were given, would be effective. The aim of this article is to outline the essence of the concept of cooperation as a general principle of administrative law and to indicate legal instruments on which the enforcement authorities can cooperate with the police, so that the aim of their proceedings could be achieved. Moreover, the article refers to the procedure for using the legal instruments conferred to the enforcement authorities, i.e. providing assistance and cooperation. It also describes the behaviour of a police officer while being designated for assistance or cooperation.
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Сидоренко, Элина, and Elina Sidorenko. "Administrative Prejudice in Criminal Law: Law Enforcement Problems." Journal of Russian Law 4, no. 6 (May 30, 2016): 0. http://dx.doi.org/10.12737/19772.
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The author analyzes the problem of inclusion in the Russian criminal law of the institute of administrative prejudice. The paper comprises three blocks: assessment of the need to introduce rules on prejudice in the Criminal Code; the timing of bringing persons to administrative responsibility and consideration of private issues of classification of individual components. The aim of the study is to develop scientifically based and up-to-date recommendations for the application of criminal law to administrative prejudice. The author achieves the goal through solving specific problems associated with the beginning of the expiration of the period of limitation for bringing persons to administrative responsibility, revealing differences in understanding by administrative and criminal legal institutions of the concepts of duplicity and recurrence and others. The author proposes the solution of these problems through the use of privatescientific methods of analysis: comparative legal, formal-legal methods, content analysis, and others. The study of court decisions and doctrinal positions on the classification of acts containing administrative prejudice has allowed the author to formulate a number of conclusions regarding the inconsistency of legislative structures of some articles of the Criminal Code. In particular, the use of different approaches to determining the time for bringing a person to administrative responsibility, the absence in Art. 154 and Art. 180 of the Criminal Code of indication on the prejudicial character of the rules etc draw objections. The author pays particular attention to assessing the recurrence of administrative offences and transition of this concept to criminal law relations.
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Jing, Xu. "Initiative Cooperation: Exploring a New Intergovernmental Model for Dealing with Risk of Tobacco Monopoly Administrative Law Enforcement." Tobacco Regulatory Science 7, no. 5 (September 30, 2021): 3003–11. http://dx.doi.org/10.18001/trs.7.5.1.70.
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Objective: The risk of administrative law enforcement is slowly being exposed to the public. The law enforcement of tobacco monopoly administration plays an important role in maintaining the stability of tobacco market and promoting the benign development of tobacco industry. However, due to the combination of subjective and objective factors, there are many risks in the process of tobacco monopoly law enforcement, which seriously affect the effectiveness of tobacco monopoly law enforcement. In risk society, risk has the characteristics of fluidity and cross-region, which increases the difficulty of administrative law enforcement among local governments. The purpose of this paper is to explore a new model to deal with the risk of local government enforcement against tobacco monopoly administration. Methods: The research adopted the field survey method, 75 local officials were interviewed, including 68 effective interviews and 7 invalid interviews, then analyzed the manifestations of passive cooperation through multiple cases. Results: We found that when risk of tobacco monopoly administrative law enforcement occur frequently, local intergovernmental still choose not to cooperate or cooperate passively at the request of the central government. By analyzing the forms of passive cooperation, we established an analytical framework of initiative cooperation and worked out three elements of initiative cooperation: trust, consensus and tacit understanding. Conclusion: Initiative cooperation is the highest form of cooperation and the best choice for local intergovernmental to deal with risk of tobacco monopoly administrative law enforcement.
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Steiner, Marc. "EXECUTION OF ADMINISTRATIVE ORDERS ACCORDING TO SWISS ADMINISTRATIVE LAW." Administrative law and process, no. 3(26) (2019): 62–71. http://dx.doi.org/10.17721/2227-796x.2019.3.03.
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This contribution elaborates on the rather seldom treated topic of “execution” of administrative acts which lies at the interface between the administrative law and the law on administrative procedure. Special importance hereby is attributed to remedies against decisions on the enforcement of administrative acts and other types of injunction, that are in connection with a threat of punishment in accordance with Article 292 of the Swiss Penal Code. With reference to a recent judgment of the Swiss Federal Administrative Court, the law on debt enforcement and bankruptcy is also explained pointing out the difference between the enforcement of administrative acts and the execution of contractual claims on the part of public authorities.
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BIAN, Xiuquan. "The Application of Law in Administrative Enforcement:Taking Article 50, Paragraph 1, Item 1 of Public Security Administration Punishments Law of the People’s Republic of China as an Example." Theory and Practice of Social Science 4, no. 3 (June 30, 2022): 1–9. http://dx.doi.org/10.6914/tpss.0403001.
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In the background of accelerating the construction of government ruled by law, the administrative organs should correctly interpret and apply the law in administrative enforcement, as well as following the principle of administration by law. Administrative organs should not casually interpret, apply the law, or even abuse their power, which will infringe the legitimate rights of private parties and against the original intention of Communist Party and country to promote the construction of government ruled by law. Administrative enforcement personnel should keep raising the capacity of law moral cultivation and make their due contributions to the construction of a government ruled by law.
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Majczak, Paweł. "Compulsory enforcement of the fee for the transformation of the perpetual usufruct right into ownership of real estate." Nieruchomości@ I (March 31, 2024): 53–71. http://dx.doi.org/10.5604/01.3001.0054.3969.
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In the Polish legal system, there are two ways of compulsory enforcement of obligations. It takes place either in administrative enforcement proceedings, which have no connection with the administration of justice, or in judicial enforcement proceedings, which are part of civil proceedings, ultimately determining the fulfilment by the courts of their respective judicial functions. Those proceedings are separate and independent of each other. Sometimes the obligation meets the conditions for administrative and judicial enforcement at the same time. Such an example is the fee for the transformation of perpetual usufruct into ownership. It has a civil law character, results from the operation of law or from an administrative decision, and a special provision does not specify the way of its enforcement. There is a convergence of criteria distinguishing between administrative and judicial enforcement.Currently, there is no doubt that the compulsory recovery of the transformation fee resulting from an administrative decision takes place in the mode of administrative enforcement, despite the civil law nature of this fee. Uncertainty arises as to the method of enforcement if the fee arises by operation of law. There are both sentences in favour of the admissibility of administrative enforcement and dissenting opinions favouring the admissibility of compulsory recovery of the fee in question by way of judicial enforcement.The aim of the article is to indicate the decisive criterion demarcating the path of administrative and judicial enforcement and to determine the method of enforcement of the fee for the transformation of the perpetual usufruct right into ownership. The work uses a formal-dogmatic method of work.
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Qi, HaoYi. "A brief analysis of the theoretical logic and system operation of the downward shift of administrative law enforcement power." Advances in Education, Humanities and Social Science Research 5, no. 1 (May 12, 2023): 373. http://dx.doi.org/10.56028/aehssr.5.1.373.2023.
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The downward transfer of administrative law enforcement power is one of the core contents of China's administrative law enforcement system reform, and it is also an important part of the modernization of the national governance system and governance capacity. However, due to the lack of internal written norms and insufficient supply of external systems, the current system has a tendency to deviate from the requirements of national policies and the rule of law in practice, so the reconstruction of its system is an inevitable choice to ensure the benign operation of the downward transfer of administrative law enforcement power. Before carrying out the institutional construction, it is necessary to return to the natural and actual logic of "administrative law enforcement power downward" itself to describe the ideal goal of this system construction, reflect on the risks and challenges it may bring in the context of the legality and rationality of administration and the social background of extensive grassroots social governance, and then explore the final foothold of its standardization and institutionalization. In terms of specific system construction, it is necessary to give full play to the significance of theoretical contents such as the limits, basic principles and management models of the downward transfer of administrative law enforcement power in reform practice, and on this basis, carry out specific system design from the aspects of law enforcement teams, institutional guarantees, and supervision systems, so as to realize the organic unity of the legality and rationality of the system of decentralization of administrative law enforcement power.
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AGAMAGOMEDOVA, S. A. "LAW ENFORCEMENT AND CONTROL AND SUPERVISION ACTIVITIES: ISSUES OF RATIO." LEGAL ORDER: History, Theory, Practice 43, no. 4 (December 28, 2024): 84–88. https://doi.org/10.47475/2311-696x-2024-43-4-84-88.
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The article proposes options for the theoretical and legal relationship between control and supervisory and law enforcement activities. Based on the comparative analysis, the following approaches are identified: approaches related to their mutual absorption; approaches related to the positioning of the law enforcement component as a criterion for distinguishing between control and supervision in public administration; approaches based on the consideration of these types of activities as components of higher-level systems. The conclusion is made about the relevance of the approaches of the latter group in the context of reforming state control (supervision) and legislation on administrative responsibility. Consideration of the identified types of activity in the context of the regulatory cycle, the system of management functions or the public administration system as a whole allows us to take into account uniform principles and priorities in changing the regulation of the processes under consideration. The influence of the development of the rationale for the relationship of these types of activity on the development of basic categories and institutions of administrative law is substantiated, including: administrative process, administrative coercion, administrative procedures, administrative responsibility, subjects of administrative legal relations. Promising areas of research into the relationship between control and supervisory and law enforcement activities related to the development of the theory of competence, the theory of administrative process (administrative procedures), the theory of administrative responsibility, the theory of subjects of administrative and legal relations are identified.
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Holodnyk, Yurii, Liudmyla Savranchuk, Mikhail Voznyk, Ivanna Horbach-Kudria, and Viacheslav Kuzyk. "Administrative law governing the activities of law enforcement agencies under Martial Law." Ius Humani. Law Journal 13, no. 1 (February 24, 2024): 50–67. https://doi.org/10.31207/ih.v13i1.344.
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Effective and timely performance of duties by law enforcement officers under martial law is an important step on the way to restoring law and order disturbed by the armed conflict. The aim of the study was to analyze the structure of the mechanism of administrative law governing the activities of law enforcement agencies under martial law. The multiple-aspect research object determined the use of a wide range of methods, such as the comparative analysis and the method of comparative law. In this sense, implementing measures by the police to provide a technical forensic examination of the scene upon the discovery of suspicious explosive devices and ammunition is considered effective for ensuring law and order during martial law. During an armed conflict, the law enforcement officers carry out their activities in compliance with the provisions of administrative law governing law enforcement activities under martial law. A coordinated structure of law enforcement agencies during martial law helps to establish law and order and observe human rights and freedom. Further research on the activities of law enforcement agencies under martial law may focus on developing practical recommendations regarding the effectiveness of police activities, and these may be demining the territory and inspecting the scene by the police in the event of the discovery of explosive devices.
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Полянський, А. О. "THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE LEGAL SYSTEM PRINCIPLES OF INTERACTION OF JUDICIAL EXPERT INSTITUTIONS WITH LAW ENFORCEMENT AUTHORITIES." Juridical science, no. 3(105) (March 30, 2020): 258–64. http://dx.doi.org/10.32844/2222-5374-2020-105-3.33.
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The relevance of the article is that the effectiveness and efficiency of interaction between forensic agencies and law enforcement agencies depends on many factors, one of which is a properly "constructed" system of legal acts. At the same time, the special nature of the interaction of these entities, the attraction of its content to the administrative and legal sphere, as well as the specifics of forensic institutions and law enforcement agencies in general necessitates a detailed review of legal principles in this area and determining the place of administrative and legal regulation. The purpose of the article is to establish a system of legal bases for the interaction of forensic institutions with law enforcement agencies, as well as to determine the place of administrative and legal regulation among them. It is established that the legal basis of interaction of forensic institutions with law enforcement agencies is a system of regulations and their provisions governing the legal status of forensic institutions and law enforcement agencies, as well as the content and procedure of interaction of these entities. It is proved that administrative-legal regulation is a type of branch of the general-legal category of legal regulation, which occurs with the help of administrative law and determines the impact of law on public relations of a special nature arising from the activities of public administration. That is, we are talking about the relationship of power and management influence that prevails in the work of public authorities, local governments and so on. This is a purposeful, comprehensive, streamlining impact of law on public relations in the sphere of government, which occurs through the rules of administrative law, which are part of the system of legal principles outlined above. It is emphasized that the legal basis for the interaction of forensic institutions and law enforcement agencies have an administrative and legal basis, which is expressed in a large number of rules of administrative law, enshrined in regulations of various legal force. This situation is due to the fact that the norms of this branch of law determine: the administrative and legal status of forensic institutions and law enforcement agencies; functions, powers and tasks assigned to law enforcement agencies and forensic institutions; mechanisms of interaction of forensic institutions and law enforcement agencies in performing their functions defined by law; organizational and practical goals of this interaction; etc.
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Olivia, Olivia Anggie Johar, Yusuf Daeng Daeng, and Tri Novita Sari M. Tri. "Peningkatan Pemahaman Masyarakat Terhadap Penegakan Hukum Lingkungan di Kelurahan Lembah Sari Kecamatan Rumbai PesisirKota Pekanbaru." CONSEN: Indonesian Journal of Community Services and Engagement 1, no. 1 (May 29, 2021): 1–8. http://dx.doi.org/10.57152/consen.v1i1.68.
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Enforcement of Environmental Law consists of Enforcement of Environmental Administrative Law, Enforcement of Civil Environmental Law, and Enforcement of Criminal Environmental Law in accordance with Law No. 32 of 2009 concerning Environmental Protection and Management. Law Enforcement Environmental Administration requests that those who reject the law or not meet the requirements, stop or approve the original situation (before there is a conflict). Enforcement of Civil Environmental Law is the second law enforcement effort after administrative law because it only focuses on efforts to compensate victims for environmental pollution or damage. Criminal Law Enforcement receives an ultimum remedium or final legal remedy because law enforcement here is intended to cancel a security court or a fine for those who try to pollute and / or destroy the environment. Introductory discussion with dialogue, with work procedures to support the methods offered are lectures / discussions and dialogues conducted according to the schedule requested in accordance with partner requests for improvement in the discussion of program time. In this service program, it will produce scientific articles in accordance with the proposed activity plan, while for partners is knowledge about partners is knowledge about environmental law enforcement for the community of Lembah Sari.
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Kalnyk, V. V. "Principles of the administrative process: theoretical basics and law enforcement." Analytical and Comparative Jurisprudence, no. 5 (October 12, 2024): 497–501. http://dx.doi.org/10.24144/2788-6018.2024.05.78.
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The article is devoted to issues of the content of the principles of the administrative process in modern administrative law. Attention is drawn to the fact that the study of the principles of the administrative process is extremely relevant for ensuring effective public administration. It is noted that the principles of the administrative process are the foundation on which the activities of executive authorities, local governments, and other state bodies are based. They define the framework and standards that public authorities must adhere to when making decisions and performing administrative functions and obligations. It is concluded that the study of these principles allows identifying problematic aspects and suggesting ways of their improvement, which contributes to increasing the efficiency of public administration. It is suggested that the principles of the administrative process should be understood as the main guiding ideas and provisions that determine the order and rules of administrative proceedings, regulate relationships between subjects of the administrative process, ensure fairness, efficiency and legality of administrative actions and decisions. It is proved that the principles serve as the basis for the formation, functioning and development of administrative law, help to avoid abuse of power and ensure the protection of the rights and freedoms of citizens. Attention is drawn to the fact that the conceptual significance of the principles of the administrative process lies in the fact that they determine the basic principles and guidelines for the construction and functioning of the administrative-procedural activity of public authorities. This means that the principles of the administrative process not only regulate specific procedures and actions, but also form a general concept of justice and management practice in the administrative sphere. It is substantiated that these principles together create a holistic concept of the administrative process and act in interaction with each other, ensuring a balance between the interests of the state and the rights of citizens, which contributes to effective management and increases trust in state institutions.
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Doyar, E. O. "Functions of judicial enforcement: administrative and legal aspect." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 341–47. http://dx.doi.org/10.24144/2788-6018.2024.04.54.
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In the article, the author analyzes the available scientific approaches to understanding the concept of «function» in general and to those related to law enforcement by objects and subjects, in relation to which their functions are distinguished. In particular, the author summarizes the understanding of the meaning of the concepts of «functions of law», «functions of the state», «functions of law enforcement», «functions of the court», «functions of justice», and directs his scientific research to the study of the specifics of the separation and interpretation of the content of the functions of law enforcement, which is carried out a special entity - the administrative court and courts whose competence includes consideration of cases on administrative offenses. The author’s understanding of the functions of judicial enforcement in the order of administrative proceedings and judicial proceedings in cases of administrative offenses, the consideration of which is assigned to the competence of the court, is offered as possible options for the influence of the court’s activity on the administration of justice (consideration of administrative cases and cases of administrative offenses), law enforcement acts of the court on the behavior persons under private and public law. The author notes such common ways of highlighting the functions of judicial law enforcement in scientific and other sources as their characteristics: through the disclosure of the content of generalized categories («functions of the state», «functions of law», etc.); through disclosure of the content of categories closer to judicial law enforcement, in particular: a) through detailing (clarification, highlighting the specifics) of law enforcement functions in general (including the law enforcement function and the function of individual legal regulation); b) due to the detailing (emphasis on specificity) of the functions of the subject of application - the court (including, among others, the restoration of the violated rights of individuals and legal entities; control over legality in the country; guaranteeing Having studied the content of concepts related to the functions of judicial law enforcement, the author emphasizes that any legal concepts with the component «function» combine such characteristics as «activity», «dynamics», «possibility of influence for the purpose of change», etc. Most of the functions that are outlined in scientific sources as «functions of law» have a manifestation, and, therefore, can be simultaneously recognized as functions of judicial law enforcement, which is carried out in the order of administrative proceedings and judicial proceedings in cases of administrative offenses (those cases whose consideration is assigned to the competence of the court). Among such functions, the author singles out informative, indicative, preventive, educational and communicative functions, and also emphasizes the special role of protective and protective functions of judicial law enforcement.
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Fatmawaty, Dewi, Hartuti Purnaweni, and Yanuar Luqman. "The implementation of administrative sanctions as an instrument of environmental law enforcement in Semarang City- a review." E3S Web of Conferences 202 (2020): 06033. http://dx.doi.org/10.1051/e3sconf/202020206033.
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The economic growth of the City of Semarang is influenced by the development of the manufacturing/ construction industry and construction has an effect on increasing pollution and/ or environmental damage. For this reason, one of the Government's efforts to provide protection and living environment management for its citizens is through environmental law enforcement. The main objective of law enforcement in cases of pollution and/ or environmental damage is to restore the environmental ecosystem and to improve the quality of the environment. Administrative legal instruments are considered the most appropriate for this purpose, because the characteristics of administrative sanctions are preventive through supervision and licensing and are repressive through the application of administrative sanctions. This study aims to find out how the enforcement of environmental law through administrative law, how the implementation of administrative sanctions as one of the instruments of law enforcement for environmental administration and inhibiting factors in its application. This research uses the literature method by studying books, laws and regulations and other written materials related to the discussion material.
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Mironov, Rinat. "Capabilities of mathematical modeling of network interaction of the law enforcement authorities." Юридические исследования, no. 1 (January 2020): 36–46. http://dx.doi.org/10.25136/2409-7136.2020.1.30418.
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The subject of this research is the mechanism of integrated cooperation of law enforcement authorities, which due to application of modern technologies and capabilities of mathematical modeling and with consideration of the current political, organizational and normative-legal factors of counteracting criminality, would allow eliminating the organizational and management contradictions between the virtually established vertical-subordination model of interaction of the law enforcement authorities and the framework of public administration. The goal of this work consists in introduction of the basic foundations of mathematical modeling of interaction of law enforcement authorities at the intersection of two scientific directions – game theory and social network analysis, in the process of improving social technologies of public administration in the law enforcement sphere. The article is prepared on the basis of law enforcement practice leaning on the positions of social administrative theory, cybernetics, information analysis, and most recent achievements in the area of cross-disciplinary studies. The scientific novelty is defined by the hypothesis on the network social structure. Due to this fact, the developed mechanism of network interaction of law enforcements authorities [4, p. 31-41] is an element of digital economy responsible for solution of economic-mathematical problems, which in turn, substantiates the mechanism of improvement of social technologies of public administration in the law enforcement sphere.
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Zherebtsov, A. N., and N. V. Pavlov. "The issues of the nature and law-enforcement value of administrative practices." Lex Russica, no. 3 (April 5, 2019): 34–44. http://dx.doi.org/10.17803/1729-5920.2019.148.3.034-044.
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The present study elucidates approaches developed in the juridical science and defining legal practice as a socially significant legal activity of the participants. The authors propose their own social-philosophical and legal justification of legal (administrative) practice as a means of transforming reality. To this end, legal practice is acting as a necessary social, organizational and legal means of improving human activity in the implementation of state and municipal administration. The authors propose a social and philosophical understanding of administrative (state-administrative) practice as the result of state-administrative activities arising in the development of administrative relations and entailing the achievement of socially useful goals of state (municipal) administration in the form of an administrative legal act or repeated organizational act of the body and (or) public administration official (usages of administrative practices). In the course of the research the authors give their own understanding of forms of objectification of administrative practice when state and municipal administration is being carried out. Such forms include empirical non-normative legal act and the usage of administrative practice. The result of the study of the nature and forms of objectification of administrative practice involves the definition of its importance for law enforcement practice, which is mandatory practice for the participants of State and municipal administration when they implement internal State and municipal administration. A mandatory nature of empirical administrative legal acts for administered entities within the framework of external state and municipal administration is mediated insofar as they become participants of administrative legal relations within the framework of which the provisions of these acts are implemented. In other cases, these acts are not mandatory for the administered entities. In addition, an administered entity is not deprived of the right to act in compliance with the provisions of the law or a bylaw rather than in compliance with the provisions of a nonnormative administrative legal act that formally is not a normative legal act, but in fact it of regulatory nature. The study defines the meaning of the usages of administrative activities as one of the forms of objectification of administrative practices.
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Prysiazhniuk, O. A. "Some peculiarities of application of administrative coercion measures by law enforcement agencies of Ukraine during martial law." Uzhhorod National University Herald. Series: Law 4, no. 86 (January 18, 2025): 46–51. https://doi.org/10.24144/2307-3322.2024.86.1.4.7.
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The article describes the concept, features and types of administrative coercion. It is stated that state coercion, which is embodied in specific methods of influence, is heterogeneous. Legal coercion is manifested, first of all, in various forms of liability: criminal, administrative, disciplinary and property liability which is borne by citizens, officials and legal entities which have committed an offence, and also in the application by authorized state bodies and officials of other coercive measures against persons who do not voluntarily comply with the requirements of legal provisions. It is noted that the use of administrative coercion is not only an important area of administrative law enforcement activity of the relevant state bodies, but also a key criterion for the exercise of the law enforcement function of the State as a whole. The author emphasizes that unlike other measures of state coercion which are always a reaction to unlawful acts of subjects, administrative coercion measures are often used for preventive impact and prevention of offences, as well as for establishing law and order in various emergency circumstances. The author proposes to define administrative coercion as the application by law enforcement agencies authorized by the State to objects which are not under their control, regardless of the will and desire of the latter, and regulated by administrative law, of moral, property, personal and other measures of influence with the aim of protecting public relations arising in the field of public administration, by preventing and suppressing offences, and also by bringing perpetrators to justice for their commission. It is noted that the external forms of administrative coercion are its measures. It is emphasized that in the doctrinal sense, measures of administrative coercion should be divided into three groups: administrative preventive measures, measures of administrative termination, and measures of administrative penalty. The author emphasizes that the martial law regime in Ukraine has made significant adjustments to the functioning of almost all state bodies, institutions and organizations, and they have particularly affected the activities of law enforcement agencies, including the application of administrative coercion measures.
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Wu, Jingjing, and Yuxiu Sun. "Study on utterances of administrative law enforcement in van Dijk’s critical discourse analysis." International Journal of Legal Discourse 4, no. 2 (February 25, 2020): 217–36. http://dx.doi.org/10.1515/ijld-2019-2024.
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AbstractThis study explores the administrative law enforcement from three perspectives, namely, discourse, cognition and society, according to van Dijk’s theory of critical discourse studies. “Discourse” is the essential linguistic analysis of administrative law enforcement, which may lead to the tension between law-executors and law-breakers, as well as to ease the conflicts and achieve the balance, so that the discourse mode with considerable tolerance and explanation is of great significance for improving the current practice of administrative law enforcement. “Cognition” deals with psychological model based on cognitive and social psychology. In the interaction of administrative law enforcement, the social roles are institutionalized by the context, which is achieved through knowledge background, cognitive methods, communicative purpose, role expectations and information transmission. “Society” focuses on the investigation of institutions, powers and groups based on sociology. There are normative factors and non-normative variables in the administrative law enforcement: the former refers to superior will, judicial review, supervision and defense of law-breaker, while the latter involves administrative habits and experience, natural emotions, interest and mass media. In the institutional context, social variables affect the implementation of administrative law enforcement in different discourse modes.
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Iskatrinah, Iskatrinah. "PERGESERAN KOMPETENSI PERADILAN TATA USAHA NEGARA PASCA DIUNDANGKAN UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN." Jurnal Media Komunikasi Pendidikan Pancasila dan Kewarganegaraan 2, no. 1 (April 14, 2020): 200–207. http://dx.doi.org/10.23887/jmpppkn.v2i1.137.
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One of the characteristics of State Administrative Law, among others, states that the field of state administrative law is difficult to codify because its arrangements are scattered in various institutions / institutions / government agencies. However, difficult does not mean it can not be done. The promulgation of Law 30 of 2014 concerning Government Administration proves that there has been a codification of the law governing the practice of government administration, therefore it is expected to be able to reinforce the existence of the State Administrative Court in administrative law enforcement. Through this paper, the author tries to explain the authority of the State Administrative Court after the Government Administration Act. This research uses the Normative Juridical Approach method, by tracing, examining the object of research through its legal principles, through its laws and legal history, which is used to find out the rationale, background of the legislation that is the object of research, namely the Law 30 of 2014 concerning Government Administration. So at the end of this study it can be concluded that the enactment of Law Number 30 of 2004 concerning Government Administration has increasingly complemented and strengthened the role of the State Administrative Court in the order of administrative law in Indonesia, and as a legal political basis for law enforcement in state administration
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Abouyounes, Mohamed W. "Stay of Enforcement of Administrative Rulings Under Saudi Law." Journal of Lifestyle and SDGs Review 5, no. 3 (February 27, 2025): e05567. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n03.pe05567.
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Objectives: This research investigates the issue of the stay of enforcement of administrative rulings challenged for annulment. The study explores the significant impact of this issue on administrative bodies, particularly in relation to the principle of legality. Staying the enforcement of such rulings can disrupt administrative processes and hinder the execution of decisions made by these authorities. Additionally, the research examines the complex legal relationship between the administrative judiciary and administrative authorities, as well as the mutual influence they exert on one another. Methods: The study focuses on analyzing the legal framework governing the stay of enforcement of administrative rulings in the Kingdom of Saudi Arabia. It examines the conditions, guarantees, and effects of this legal mechanism within the context of administrative law. Special attention is given to Article 9 of the 1435 AH Law of Procedure before the Board of Grievances, which states that filing an annulment lawsuit does not automatically suspend enforcement but allows the court to grant a stay if irreversible consequences may result. Legal doctrine, case law, and judicial precedents are reviewed to provide a comprehensive understanding of the topic. Results: The findings highlight the dual authority of the administrative judiciary, which possesses the power not only to annul administrative rulings but also to stay their enforcement. This authority directly impacts the functioning of administrative bodies and challenges the traditional presumption of validity afforded to administrative rulings in legal doctrine and case law. The study also underscores the legal conditions under which the court may grant a stay of enforcement, revealing the balance courts must strike between ensuring legal oversight and maintaining administrative stability. Conclusion: The study concludes that the stay of enforcement of administrative rulings plays a crucial role in administrative law, serving as both a protective legal mechanism and a potential source of administrative disruption. While the administrative judiciary's ability to stay enforcement ensures legal oversight and prevents irreversible harm, it must be carefully applied to avoid unnecessary interference with administrative functions. The research suggests that further legal refinements may be needed to enhance clarity and consistency in the application of stay of enforcement provisions, ensuring a balanced approach between judicial authority and administrative efficiency.
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Nagornykh, R. V. "The mechanism of administrative and legal regulation of the civil service in law enforcement and its content." Institute Bulletin: Crime, Punishment, Correction 13, no. 1 (May 13, 2019): 28–34. http://dx.doi.org/10.46741/2076-4162-2019-13-1-28-34.
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The article analyzes the main theoretical approaches to understanding the nature and content of the main elements of the mechanism of administrative and legal regulation of civil service in law enforcement. The author justifies the position that with a wide understanding this mechanism form the administrative legal norms, administrative legal relations and the implementation of administrative legal norms as well as legal consciousness, legal culture, legal ideology, acts of behavior, etc. In a more narrow sense the content of the administrative-legal mechanism of the civil service in the law enforcement sphere is reduced to a set of administrative legal means (administrative law, law enforcement acts, administrative contracts, legal facts, subjective rights and obligations of participants in administrative legal relations, methods and techniques of public administrative influence), with the help of which a special legal administrative and legal regulation of the state civil relations in the field of law enforcement.
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Shaw, Jo. "Decentralization and law enforcement in EC competition law." Legal Studies 15, no. 1 (March 1995): 128–63. http://dx.doi.org/10.1111/j.1748-121x.1995.tb00055.x.
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In a Notice on cooperation between national courts and the Commission published in early 1993, the European Commission made the following policy pronouncements about its future role in the enforcement of the competition rules contained in the EC Treaty:‘As the administrative authority responsible for the Community's competition policy, the Commission must serve the Community's general interest. The administrative resources at the Commission's disposal to perform its task are necessarily limited and cannot be used to deal with all the cases brought to its attention. The Commission is therefore obliged, in general, to take all organizational measures necessary for the performance of its task and, in particular to establish priorities.’
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Yermak, O. O. "ADMINISTRATIVE RESPONSIBILITY OF CIVIL LAW ENFORCEMENT OFFICERS." State and Regions. Series: Law, no. 4 (2020): 200–204. http://dx.doi.org/10.32840/1813-338x-2020.4.32.
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Zhang, Chaocui, and Leigang Pei. "Research on the Chinese Government's Administrative Law Enforcement Supervision Issues in the Chinese Government." Advances in Economics and Management Research 9, no. 1 (January 29, 2024): 23. http://dx.doi.org/10.56028/aemr.9.1.23.2024.
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Overall, the legal basis for the Chinese government's administrative law enforcement, procuratorial and supervisory work is far from sufficient. Currently, there are no laws and regulations that clearly stipulate the functions and supervision procedures of the government's administrative law enforcement, procuratorial and supervisory work.There are also no specific case-handling procedures within law enforcement agencies for accepting and handling administrative supervision cases, making it difficult to fully carry out government administrative law enforcement supervision cases.In addition, due to the lack of legal provisions, the authority and effectiveness of supervision have been weakened. Only the coordination between the procuratorial organs and administrative agencies can effectively solve the existing problems. On the basis of analyzing the existing problems and causes of administrative law enforcement supervision by the Chinese government, this paper puts forward corresponding countermeasures in order to play an effective role.
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Kaplunov, Andrey I. "Actual problems of Administrative and Administrative Procedural Law." Gosudarstvo i pravo, no. 9 (2021): 185. http://dx.doi.org/10.31857/s102694520016739-3.
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March 26, 2021 in the St. Petersburg University of MIA of Russia held a plenary meeting of the International scientific-practical conference ("Sorokin readings"), which was presented to materials published to the day of the conference the collection and held an exchange of views on the problems of modernization of public administration, Administrative and Administrative Procedural Law, on theoretical and applied problems of improving legislation on administrative offenses and administrative-jurisdictional activities, security and public order, development of the police and other law enforcement activities.
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Kaplunov, Andrey I. "Actual problems of Administrative and Administrative Procedural Law." Gosudarstvo i pravo, no. 10 (2023): 176. http://dx.doi.org/10.31857/s102694520027740-5.
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March 24, 2023 in the Saint-Petersburg University of MIA of Russia held a plenary meeting of the international scientific-practical conference (“Sorokin readings”). At the plenary session, the following were presented to materials published to the day of the conference the collection and held an exchange of views on the problems of modernization of public administration, Administrative and Administrative Procedural Law, on theoretical and applied problems of improving legislation on administrative offenses and administrative-jurisdictional activities, security and public order, development of the police and other law enforcement activities.
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Terekhov, V. "MODERN ASPECTS OF THEORETICAL AND LEGAL SUPPORT OF REALIZATION OF THE LAW ENFORCEMENT FUNCTION OF THE STATE." Scientific Notes Series Law 1, no. 11 (November 2021): 91–96. http://dx.doi.org/10.36550/2522-9230-2021-11-91-96.
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Law enforcement function is a complex direction of state policy, through which the protection of human rights, freedoms and interests, ensuring the rule of law, the constitutional order, order and the safe existence of society, its elements. Factors influencing to the development of law enforcement at the present stage are: the modern law enforcement function is devoid of excessive interest in coercion; the functions of providing services, conducting educational work, establishing transparency, accountability and accountability to civil society are becoming increasingly important; the integration of law enforcement into the sphere of information and commercial relations has deepened; the implementation of the law enforcement function on the ground has become more accountable to the local community through decentralization reform; the requirements for the quality of regulatory support of law enforcement infrastructure have changed. The legal support of the state law enforcement function aims to regulate this array of public relations, to give it legitimacy and universality. The theoretical basis of administrative regulation of the law enforcement function of the state can be based on the following theses: synergy of dogmas of public administration, administrative relations and regulatory activities of the state in the field of law enforcement; the impact of legal norms in the field of public administration on the protection of human and civil rights, freedoms and interests; positive obligation of the state to affirm and protect human rights through the relevant activities of law enforcement institutions regulated by regulatory administrative acts, etc. Modern realities require the expansion of law enforcement influence on public relations. Therefore, the law enforcement function can be supplemented by the following components of legal nature: law enforcement service, which is accompanied by the provision of appropriate services to the subjects of appeal; information and telecommunication support and digitalization of order relations; communication, intersubjective interaction, control. Legal uncertainty of the categorical apparatus creates adverse organizational and managerial consequences that affect both the law enforcement system and the implementation of the tasks of law enforcement and security. The absence of a special law in the field of law enforcement is not a significant shortcoming in the way of effective regulation of law enforcement relations, as the scope of the general principles of the state law enforcement function is quite broad in theoretical terms. From the point of view of legal technique, normative design and systematization of law enforcement relations is such a difficult task that it does not justify the purpose of the existence of the law itself or a set of laws. In the most general form, the system of departmental regulatory regulation in the field of law enforcement of the state should be classified into two groups: organizational and managerial (internal) regulatory support; regulatory support of the main areas of law enforcement (external).
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Nagornykh, Roman V. "State Service in the Law Enforcement Sphere and Its Major Features." Penitentiary science 14, no. 4 (December 18, 2020): 576–80. http://dx.doi.org/10.46741/2686-9764-2020-14-4-576-580.
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The article investigates the main features of state service in the law enforcement sphere and the place of state service in administrative and legal regulation mechanism. The goals of the work are as follows: to consider state service in the law enforcement sphere as a single legal category, to reveal its essence and characteristic features as a social system, to provide a scientific classification of its constituent elements and disclose their administrative and legal content. We highlight the following main functional features of those state bodies the service in which can be called law enforcement activity: state and power-based nature of activity, exercising executive and administrative powers, special functional and target purpose, application of special measures of legal influence based on the use of persuasion and coercion methods, and a special legal status. We conclude that practical solution to the question of classifying state service in a particular state body as law enforcement activity may be found through legislative definition of the concept of law enforcement activity of the state, law enforcement functions of state authorities, and the system of state authorities exercising law enforcement functions. Key words: state service, administrative and legal regulation, law enforcement activity, law enforcement functions, legal enforcement.
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Muzyczka, Karolina. "Powers of a party in administrative enforcement proceedings." Zeszyty Naukowe Państwowej Wyższej Szkoły Zawodowej im. Witelona w Legnicy 3, no. 40 (September 30, 2021): 25–42. http://dx.doi.org/10.5604/01.3001.0015.4456.
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Enforcement in administrative enforcement proceedings consists in the establishment by a competent public administration body of a state coercive measure in order to fulfill public-law obligations. Thus, administrative enforcement is a form of direct interference by public administration bodies in the sphere of rights and freedoms of an individual, which means that it is subject to legal regulation. In order to provide an individual with protection against unjustified interference with their rights and freedoms, the possibility of applying legal measures against acts and enforcement actions against them was granted.
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Aniskina, N. V. "Classification of administrative enforcement measures applied by officers of the Federal Penal Service of Russia." Institute Bulletin: Crime, Punishment, Correction 13, no. 2 (July 19, 2019): 200–206. http://dx.doi.org/10.46741/2076-4162-2019-13-2-200-206.
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Much of the research is devoted to administrative enforcement as one of the leading methods of state management. However the generally accepted version of the classification of administrative enforcement measures has not yet been formed in the theory of administrative law. Moreover unlike the police officers (militia), only a fraction of the work is devoted to the study of the system of administrative enforcement measures used by the Federal Penal Service of Russia in the implementation of jurisdictional powers. In the scientific community there is no unity in the perception of this complex sociolegal phenomenon, which is due to a number of reasons: the diversity of public relations regulated by administrative law arising in the field of public administration; lack of unity in the choice of criteria for classification; the different types of enforcement measures used, etc. The analysis of the main classification models of administrative enforcement measures presented in the scientific environment made it possible to develop an author’s classification that takes into account the characteristic features of social relations taking shape in the functioning of institutions and bodies of the penal system. Depending on the objective purpose the measures of administrative enforcement applied by employees of the Federal Penal Service of Russia are divided into measures of administrative enforcement not related to committing an administrative offense (administrative preventive measures) and measures of administrative enforcement related to committing an administrative offense (administrative suppressive measures, measures of administrative and procedural security, measures of administrative responsibility). The proposed classification allows us to comprehensively analyze the external impact of administrative enforcement measures on public relations in the penal system to understand the purpose of these measures and also to see the final result of their use which contributes to solving many problems of a theoretical and practice-oriented nature.
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Jaworski, Bogdan. "GENERAL PRINCIPLES OF ENFORCEMENT PROCEEDINGS IN ADMINISTRATION." Roczniki Administracji i Prawa 1, no. XXIV (March 31, 2024): 175–92. http://dx.doi.org/10.5604/01.3001.0054.4689.
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Numerous general principles are used in administrative enforcement proceedings, which mainly take a directival form. In the study, research has been focused on the description and analysis relating to general rules of law, principles of administrative law and principles of administrative procedure used in enforcement proceedings. However, special attention was paid to the general principles having their source in the Law of June 17, 1966, on Administrative Enforcement Proceedings.The aim of this research is an attempt to synthesize these principles and show their role in involuntary proceeding. When starting the research, a research hypothesis was put forward, which assumes that the application of general principles in enforcement proceedings in administration guarantees their correct course, and the principles themselves are a set of norms shaped mainly by legal provisions. The analyses carried out allowed to confirm the thesis and to identify a number of de lege ferenda conclusions, indicating the need to revise some rules. First of all, attention was drawn to the lack of terminological consistency regarding the general principles of enforcement proceedings. Further attention was paid to the need for legislative changes regarding the formation of the principle of conducting enforcement in a manner least burdensome for the obliged, which in the author’s opinion is too general. Another conclusion is the demand for a revision of the provisions of Articles 8 to 10 of the Law on Administrative Enforcement Proceedings. These provisions, which are a manifestation of the principle of respect for the minimum subsistence, are outdated and do not reflect the current situation, especially of farmers.
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Sopilko, Iryna, and Kseniia Tokarieva. "EPISTEMOLOGICAL DEVELOPMENT OF ADMINISTRATIVE-LEGAL PRINCIPLES IN RESEARCH ON LAW ENFORCEMENT AGENCIES." Journal of International Legal Communication 11, no. 4 (December 30, 2023): 33–43. http://dx.doi.org/10.32612/uw.27201643.2023.11.4.pp.33-43.
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This research delves into the evolving epistemological foundations of administrative-legal principles within the domain of law enforcement agencies. A meticulous analysis of over 200 scholarly works, with a specific focus on more than ten dissertations, has been conducted to illuminate the essence and content of activities undertaken by law enforcement agencies. The study offers a comprehensive un-derstanding of administrative-legal principles, encompassing their functions, forms, methods of opera-tion, and their legal underpinnings as reflected in sectoral legislative acts. The investigation explores the concept of „administrativelegal principles” and establishes its intricate interrelations with key cate-gories in administrative law, such as „principles of administrative law,” „legal regulation,” and „admin-istrative-legal norms.” Findings reveal that administrative-legal principles form a cohesive system in-fluencing the functions, forms, and methods of operation employed by law enforcement agencies. Key outcomes of the study emphasize the paramount importance of delving into administrative-legal principles within the specific context of law enforcement agencies. A nuanced examination of their functions, forms, and methods of operation underscores their critical role. This research advocates for understanding administrative-legal principles as foundational elements of administrative law, shedding light on their pivotal function in regulating the multifaceted activities of law enforcement agencies.
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Golovko, V. V., I. V. Slyshalov, and A. I. Sakhno. "Disqualification from driving: enforcement in Russia." Law Enforcement Review 5, no. 3 (October 2, 2021): 205–14. http://dx.doi.org/10.52468/2542-1514.2021.5(3).205-214.
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The subject. The article considers the legal basis for the execution of decisions on administrative penalties in the form of disqualification from driving, as well as the prospects for the development of new legislation in the field of road traffic. The article examines the social relations that develop in the process of implementing the jurisdictional powers of the Russian State Traffic Inspectorate in ensuring road safety, preventing and suppressing offenses related to encroachment on motor vehicles, transported goods, the life and health of drivers and pedestrians.The purpose of the article is to confirm or disprove hypothesis that there are defects in Russian legislative regulation that prevent the effective execution of decisions on the disqualification from driving. They are not eliminated in the draft of the new Russian Code of Administrative Offences.The methodology of research is the provisions of the general theory of law, the modern science of administrative law and the theory of public administration. The authors used a systematic approach and formal legal analysis. The legislation of the Russian Federation and the practice of its enforcement were studied also.The main results. In accordance with paragraph 5 of Article 2 of the Russian Federal Law "On the Police", the execution of administrative penalties is one of the main activities of the police. The effectiveness of the entire proceedings in cases of administrative offenses largely depends on the execution of the adopted resolutions. The leading role in the execution of decisions on administrative penalties, in particular, related to the disqualification from driving, belongs to the internal affairs bodies. It is important to note that the execution of administrative penalties in practice is associated with certain difficulties.Conclusions. The execution of decisions on the imposition of disqualification from driving as an administrative penalty causes difficulties due to defects in legislative regulation, which are not fully resolved in the draft of the new Russian Code of Administrative Offences.
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Sokolov, Aleksandr Yu. "Law enforcement policy in the field of countering administrative tort: the main trends and issues of modernization." Gosudarstvo i pravo, no. 12 (2022): 99. http://dx.doi.org/10.31857/s102694520023305-6.
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The concept and content of law enforcement policy in the field of countering administrative tort are considered. The relevance of the research is determined by the fact that the state of administrative and tort legislation, its quality, compliance with modern realities and trends in the development of society, as well as the dynamics and structure of administrative tort depend on the proper scientific justification of this direction of law enforcement policy. The aim is to define the concept, essence, tasks of law enforcement policy in the field of countering administrative tort. The current, long-term priorities and strategic guidelines of this area of law enforcement policy are identified, the need for further development of scientific knowledge about this phenomenon is justified on the basis of the synthesis of the latest ideas in the field of General theory of law that determine the essence, structure and content of law enforcement policy, as well as scientific provisions that reveal key issues of administrative delictology
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Jamil, Jamil, Moh Fadli, Shinta Hadiyantina, and Ngesti Dwi Prasetyo. "Redesigning the Concept of Law Enforcement in Administrative Violations of General Elections in Indonesia." Yuridika 39, no. 3 (September 25, 2024): 279–302. http://dx.doi.org/10.20473/ydk.v39i3.48338.
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Trial mechanism as the only procedure in resolving election administrative violations is a mechanism that is not in accordance with the concept of law enforcement in administrative law that uses not only the trial mechanism but also direct sanctions. Therefore, the concept of law enforcement in these violations needs to be redesigned, to be in line with the administrative law and be more effective and easier to implement. This study examined the concept of law enforcement in administrative law as a conceptual and theoretical basis in redesigning the concept of law enforcement in election administrative violations. It used legal research methods with statutory, conceptual, and comparative approaches. The results of this study recommend a new concept in resolving election administrative violations by looking at the legal subjects who commit violations and the characteristics of the violations. For the violations committed by non-officials, the law enforcement is sufficient to use direct sanctions. Meanwhile, for the violations committed by officials, if they cause direct losses, it must use a trial mechanism. But, if the violation is only limited to non-compliance with the legislation and does not cause harm to anyone, direct sanctions can be executed. Hence, it is necessary to change the mechanism for resolving election administrative violations as stipulated in the Election Law.
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Hut, N. Yu. "CONCEPTS OF ADMINISTRATIVE PROCESS IN MODERN SCIENCE OF ADMINISTRATIVE LAW AND PROCESS." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 66–69. http://dx.doi.org/10.15421/391959.
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The paper analyzes the concepts of administrative process presented in legal science. It is stated that every concept of the administrative process has the right to exist, because all of them are based on the facts, phenomena and norms actually existing in the legal system of Ukraine. However, three of them are most thoroughly presented in the legal literature: 1) the concept of a broad understanding of the administrative process; 2) jurisdictional (law enforcement) concept of the administrative process; 3) the concept of a narrow understanding of the administrative process. Representatives of a broad understanding of the administrative process argue that the procedural form is present wherever there is a need to implement substantive rules of administrative law, and all organizational legal relations are inherently procedural relations. Representatives of the jurisdictional and law-enforcement concepts of the administrative process, firstly, are convinced that the procedural form can be inherent only in activities related to the administrative-jurisdictional or law-enforcement activities of the competent authorities, and secondly, that the organizational legal relations are evenly distributed between substantive and procedural relations. Representatives of the concept of narrow definition of the administrative process insist that the procedural form relates solely to the activity of one branch of power - the judiciary, and therefore procedural relations arise only in the sphere of administration of justice by the courts.
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Trufanov, M. Е. "The stable relevance of the study of the administrative." Courier of Kutafin Moscow State Law University (MSAL)), no. 5 (July 15, 2024): 159–64. http://dx.doi.org/10.17803/2311-5998.2024.117.5.159-164.
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The article analyzes the problem of the content of the legal defi- nition of “administrative law enforcement act”. Based on the conducted re- search, the author substantiates that an administrative law enforcement act is a qualified act of a competent entity based on the law, affecting the state of administrative and legal relations, aiming to cause certain legal consequences and expressed in a documented specific legally authoritative command. The author notes that the study of a significant amount of legal literature indicates the absence of a unified approach among scientists on quantitative and qualitative criteria of administrative law enforcement acts. The trend of modern administrative and legal relations and the change of priorities in legal regulation certainly affect the complex of functions of an administrative law enforcement act, which can only be conditionally called a system, which certainly preserves the inter
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Kharaberiush, Ivan. "Special equipment in administrative activities of law enforcement bodies." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 19 (2020): 42–51. http://dx.doi.org/10.34079/2226-3047-2020-10-19-42-51.
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The article considers special equipment used in the administrative activities of law enforcement agencies, which is defined as organizational equipment. It is emphasized that the scientific and technical means, which we generally define as organizational equipment, play a significant role in the process of democratic formation of the state and effective administrative activity of law enforcement agencies. Factors emphasizing the need to use organizational equipment in the administrative activities of law enforcement agencies are presented. Organizational technology is seen as a means of law enforcement in general. The definition of the concept of "organizational technique" is given. The method of criterion selection is used to determine the scope of the concept of "organizational technique". According to the selected criteria the system-structural structure of organizational equipment of law enforcement agencies is investigated. To determine the system-structural structure of the organizational equipment of law enforcement agencies as a scientific category, the classical theory of organization was chosen. The basis for the system atization of organizational equipment is the hierarchical structure of law enforcement agencies engaged in administrative activities. It is proved that the defining requirement of the current legislation to the means of organizational equipment is the need for their certification and periodic verification.
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Holodnyk, Yury. "Principles of activity of law enforcement bodies." Visegrad Journal on Human Rights, no. 2 (December 29, 2023): 55–61. http://dx.doi.org/10.61345/1339-7915.2023.2.7.
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Based on the research of scientific opinions, the new administrative-legal doctrine, the analysis of domestic and international legislation, the article examines the key fundamentals of administrative-legal support for the activities of law enforcement agencies. Considering the fact that domestic law enforcement agencies and their officials have constant relations with citizens in their activities, it is emphasized that modern principles of administrative law should play an important role in these relations, which is the purpose of the work. The methodological basis of the work is the provisions of the modern theory of scientific knowledge of legal and social phenomena. In the course of writing the article, general philosophical, general scientific, logical and special legal methods of scientific knowledge were used. The main international principles and standards that determine the content of the activities of law enforcement agencies in international agreements ratified by Ukraine are highlighted. Based on the analysis of the legislation, the modern principles of the National Police, as one of the leading law enforcement agencies of the state, are considered. An important place is given to the characteristics of foreign legal acts aimed at ensuring and protecting the rights of citizens by law enforcement officials. For this purpose, international legal acts, which are one of the main sources of legal regulation of relations arising in the activities of law enforcement agencies, were analyzed. They establish the norms and principles of behavior of an official of a law enforcement agency for the performance of professional activities in relations with citizens and the rules of conduct binding on them in specific conditions of law enforcement activity. The need to introduce special principles of administrative law into the activities of law enforcement agencies is substantiated. On this basis, the following special principles have been researched, substantiated in detail and recommended: the principle of ensuring trust; the principle of ensuring human rights; the principle of providing access to information technologies; the principle of ensuring the confidentiality of information. These principles correspond to the domestic administrative-legal doctrine, international standards and principles, legal relations of officials of law enforcement agencies, which can be an important direction of the new administrative-legal doctrine of law- enforcement agencies.
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Люх, В. В. "ADMINISTRATIVE AND LEGAL STATUS LAW ENFORCEMENT AUTHORITIES AS ENTITIES ENSURING THE FINANCIAL SECURITY OF THE STATE." Juridical science, no. 1(103) (February 19, 2020): 193–204. http://dx.doi.org/10.32844/2222-5374-2020-103-1.23.
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The article is devoted to the study of the administrative and legal status of law enforcement agencies as subjects of financial security of the state, in the context of which the author answers three questions: 1) «What is meant by the category» administrative and legal status?»; 2) “Which law enforcement agencies are directly involved in ensuring the financial security of the state?; 3) «What competence do these law enforcement agencies have in the field of financial security and what are their responsibilities?». Having defined the content of such categories as “status”, “legal status”, “administrative-legal status”, the author proposes to understand the administrative-legal status of a law enforcement body as a subject of financial security as an administrative law provision of a law enforcement body, powers and responsibilities in the field of financial security of the state. The definitions of the concept of «law enforcement agencies» are analyzed, the lack of a common vision of the content of their activities at both the legislative and doctrinal levels is stated, their features are formulated. It is determined that law enforcement agencies that are the subjects of financial security of the state can include only the National Police of Ukraine, the Security Service of Ukraine, the tax police of the State Fiscal Service of Ukraine and the National Anti-Corruption Bureau of Ukraine, the Prosecutor’s Office, the State Bureau of Investigation and the State Audit Office. Through the prism of their tasks and functions as categories that concisely and meaningfully express their competence and authority, the main features of their administrative and legal status are identified. It is concluded that the specialized legislation of Ukraine at the level of laws and regulations enshrines elements of the administrative and legal status of law enforcement agencies as subjects of financial security of the state, but overall their administrative and legal status is regulated in some fragments, which requires improvement of Ukrainian legislation. research area and is an additional argument for the creation of a single law enforcement agency the Bureau of Economic Security of Ukraine.
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Dewi, D. K., A. Syahrin, Suhaidi, M. Ekaputra, and T. A. D. Putra. "Deconstruction of the ultimum remedium basic concept on protection and management tropical biodiversity." IOP Conference Series: Earth and Environmental Science 912, no. 1 (November 1, 2021): 012045. http://dx.doi.org/10.1088/1755-1315/912/1/012045.
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Abstract The biological potential in Indonesia is no longer managed and protected. So far Indonesia has had biologically related laws and regulations, but its implementation is still weak and less effective. Therefore, Law No. 32 of 2009 on Environmental Protection and Management or called UUPPLH mentioned the management and protection of biodiversity based UUPPLH namely two principles in law of criminal provision, the principle of remedium ultimum which is an effort, and the principle of premium remedium that takes care of the law. So far many mistakes in interpreting the application of the principle of remedium ultimum which is said to make it difficult for law enforcement to enforce environmental criminal laws and can shackle law enforcements in carrying out task of environmental law enforcement. In addition, it is also said that the principle of remedium ultimum can also harm the environment due to violations of waste water quality standards, emissions, and disturbances that take precedence is the administration of administrative sanctions, meaning that there is no deterrent effect on perpetrators. Therefore, it is necessary to deconstruct the principle of remedium ultimum in the proper enforcement of environmental criminal law including structuring and enforcement (compliance) which can also be a view of criminal law that can be used as an instrument in the framework of protection and management of tropical biodiversity, especially the environment and can bring consequences for the intertwining of criminal law with administrative law. The results of the research are based on UUPPLH that can protect biodiversity by Indonesia and reconstruct the principle of ultimum remedium in environmental law. Research methods using normative legal research on philosophical.
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Hendrik, Charren. "Strategy to Strengthen State Administrative Law in Eradicating Corruption Practices by State Administration Officials." Indonesian State Law Review (ISLRev) 4, no. 2 (November 20, 2022): 67–81. http://dx.doi.org/10.15294/islrev.v4i2.58672.
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The lenient regulation of State Administrative Law is giving the practice of corruption an opportunity to take place in the enforcement of Indonesian governance. When in reality, the State Administrative Law is supposed to regulate various state administration activities, in which taking care of the practice of corruption being one of them. Therefore, this research offers strategies of the eradication of corrupt practices that have inflicted the state’s financial loss. The eradication can be done by reinforcing the implementation of a proper government. Various attempts are required to be done in order to construct a corruption-free governance’s structure, such as, applying the principle of good governance and closed bureaucratic system in the practice of the state’s enforcement; establishing a leadership spirit in a righteous governance to escalate the integrity and ethics of the state’s enforcement in order to steer clear from deviation and abuse of power; reinforcing the State Administrative Law by establishing strict, definite, and measurable laws; conducting and reinforcing anti-corruption establishment in both the state’s central and the countryside. The method of research applied is normative law research, which is by studying the law’s regulation in the Constitution and describing the role of the State Administrative Law as the authorized regulation that has the power to combat the crime of corruption.
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Amalia, Disa, and Aldri Frinaldi. "TANTANGAN DALAM PENEGAKAN HUKUM ADMINISTRASI NEGARA DI ERA DIGITAL: PERSPEKTIF PERLINDUNGAN DATA PRIBADI." Jurnal Manajemen, Ekonomi dan Akutansi (JUMEA) 1, no. 1 (June 26, 2023): 1–8. http://dx.doi.org/10.69820/jumea.v1i1.14.
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The rapid development of information and communication technology has fundamentally changed the legal landscape of state administration. In this digital era, personal data is a very valuable asset and an increasingly important object of protection. However, the challenges in enforcing state administrative law in the digital era, particularly in terms of personal data protection, are increasingly complex and require a comprehensive approach. This article aims to analyze the main challenges in enforcing state administrative law in the digital era with a focus on personal data protection. First of all, the main challenge is the rapid development of technologies, such as the Internet of Things (IoT) and artificial intelligence (Artificial Intelligence), which generate huge and diverse volumes of data. This requires effective protection of personal data and adherence to data protection principles established by law. Another challenge is the increasing frequency of data breaches. In the digital era, personal data is vulnerable to abuse and hacking which can threaten individual privacy and security. Therefore, state administrative law enforcement must be able to overcome this threat by strengthening data protection mechanisms, implementing strict information security policies, and increasing international cooperation in law enforcement related to data breaches. Furthermore, another challenge is the harmonization between state administrative law and personal data protection in the digital era. Existing state administrative laws need to be updated and adapted to technological developments and personal data protection. There is a need for a clear and comprehensive legal framework that protects personal data in line with the principles of a transparent, accountable and effective state administration. In order to overcome this challenge, the government, law enforcement agencies and the private sector need to work together actively to develop comprehensive regulations, increase law enforcement capacity in terms of personal data protection, and increase legal awareness among the public. Only with a holistic approach.
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Makarchuk, Vitalii. "ADMINISTRATIVE AND LEGAL STATUS OF LAW ENFORCEMENT BODIES AS SUBJECTS OF FORMATION AND IMPLEMENTATION OF STATE POLICY IN THE FIELD OF NATIONAL SECURITY AND DEFENSE." Law Journal of Donbass 75, no. 2 (2021): 35–44. http://dx.doi.org/10.32366/2523-4269-2021-75-2-35-44.
Full textAbstract:
The article is devoted to the administrative and legal status of law enforcement agencies as subjects of formation and implementation of state policy in the field of national security and defense. The article outlines the basic terminological concepts, such as: status, legal status, administrative and legal status. The opinions of various scholars on the interpretation of the concept of the legal status of law enforcement agencies, its structure and elements are analyzed. The administrative and legal status of law enforcement agencies that ensure the formation and implementation of state policy in the field of national security and defense, including the administrative and legal status of the National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards. It was established that the administrative and legal status is a systemic set of such administrative and legal properties of law enforcement agencies that implement state policy in the field of national security and defense, as: competence; the order of formation and acquisition of legal features; name; location; structure; goals of operation; responsibilities, which are directly regulated by current regulations, laws of Ukraine, and international agreements, the binding nature of which is given by the Verkhovna Rada of Ukraine. The presence of administrative and legal status means that law enforcement agencies have the competence defined by administrative and legal norms – subjects of jurisdiction, rights and responsibilities (powers), are responsible for actions or omissions within their own or delegated competence, perform public, executive, functions involved in administrative legal relations of a regulatory or protective nature. It was concluded that the administrative and legal status of law enforcement agencies (National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards) as subjects of state policy formation and implementation in sphere of national security and defense determines the main directions of influence on public relations in the state, and those that arise to protect the interests of national security and defense of the state. It was stated that the obligatory sign of acquisition by law enforcement bodies - subjects of administrative-legal status is the presence of specific subjective rights and obligations, which are realized both within the administrative legal relations and outside them.
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Terekhov, V. Yu. "Sources of administrative and legal support of state policy in the law-enforcement sphere." Scientific Herald of Sivershchyna. Series: Law 2021, no. 3 (December 15, 2021): 44–57. http://dx.doi.org/10.32755/sjlaw.2021.03.044.
Full textAbstract:
A new vision to the concept of “state policy in the law-enforcement sphere” is proposed in the article. The sources of legal supporting of state law-enforcement policy are analyzed. It was concluded that there was no single program for the development of law-enforcement infrastructure for all the entities involved in law-enforcement implementation. The peculiarities of the state policy in the law-enforcement sphere from the methodological point of view are distinguished in the article. It covers the range of social and legal relations that arise, change and cease in the field of law and order, prevention, counteraction, cessation of offenses and work of law-enforcement authorities; state’s law-enforcement function is implemented through public policy; must be fixed in a single normative document of national importance (Strategy, Concept, Program, etc.); the provisions of the program are covered by a certain period of time; the purpose of public policy is to form an action program in future; law-enforcement authorities are entities that form and implement state policy in the law-enforcement sphere, while the entities involved in the implementation of state policy in the law-enforcement sphere are other bodies of state power and local government, civil society. The lack of a unified state policy in the law-enforcement sphere in Ukraine is evidenced by the following factors: the emergence of new law-enforcement authorities without pre-planned, expected decisions that should be the result of the state’s strategic course; the unclear meaning of the term “law-enforcement” and the imperfect meaning of the term “law-enforcement authorities” in the current legis lationare one of the legal determinants of dishar mony in the vortexof state law-enforcementpolicy; lack of a single central body of state power on law-enforcement (as a center of political responsibility in the law-enforcement sphere); lack of a single normatively established document with a step-by-step plan of measures for the implementation and realization of the principles of state law-enforcement. Key words: law-enforcement authorities, state policy, law-enforcement activities, legal support, strategy, concept, program.
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KEGEMBAYEVA, Zhanar, and Abzal ABDIKHALIKOV. "Administrative Coercion in the Activity of Law Enforcement Bodies." Journal of Advanced Research in Law and Economics 10, no. 3 (June 30, 2019): 787. http://dx.doi.org/10.14505//jarle.v10.3(41).13.
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This research dwells on the concept, specifics and classification of administrative and legal coercive measures used in the activities of law enforcement bodies. The authors of the article consider legal grounds for their application and the system of bodies applying administrative coercion as two separate phenomena. They also provide general characteristics of the international application of administrative coercive measures and address the issues of applying the chosen measures of administrative and legal coercion. The article aims at analyzing the notions, features and general characteristics of the main administrative coercive measures used in the activities of law enforcement bodies in the Republic of Kazakhstan. The paper presents conclusions and suggestions on the implementation of administrative and legal coercive measures used by law enforcement bodies. In addition, it considers the possibility of utilizing international experience in training employees who apply administrative coercive measures.
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Vorobets, Arsen. "Functional purpose of local self-government bodies as a subject of ensuring the law enforcement function of the state." Visegrad Journal on Human Rights, no. 2 (July 15, 2024): 127–33. http://dx.doi.org/10.61345/1339-7915.2024.2.20.
Full textAbstract:
The article is dedicated to the scientific substantiation of the need for the participation of local self-government bodies in the implementation of law enforcement function, the study of legal forms of implementation of law enforcement function by local self-government bodies in Ukraine, and the development of proposals for their improvement. It has been established that the law enforcement function of local self-government is mostly forgotten in the legal literature, following the Soviet habit of attributing this function to the prerogatives of the state. In this regard, the study of the law enforcement function of local self- government is an important theoretical and practical task of modern administrative and legal science. It has been argued that in administrative and legal science, insufficient attention has been paid to the problems of: administrative and legal mechanism of activity to ensure public order and public safety; participation of local self-government bodies in the implementation of the law enforcement function; legal forms of implementation of the law enforcement function by local self-government bodies; interaction of local self-government institutions with law enforcement bodies regarding the implementation of the law enforcement function. It has been established that the modern system of public administration does not fully use the capabilities of local self-governments in the field of protecting public law and order and ensuring public safety. This is due to the fact that the process of establishing their legal status at the current stage of development of Ukraine remains incomplete, and the constitutional and legislative norms establishing their competence are not mutually coherent, clear and certain. As a result, the implementation of the powers of local self-government bodies enshrined in the Constitution of Ukraine in the field of law and order and ensuring public safety is quite limited. It has been proven that at this stage of municipal development, the implementation of law enforcement function by local self-government bodies in Ukraine is carried out in four legal forms of activity: establishing, rule-making, law enforcement and control. In turn, the relevant local self-government bodies with law enforcement powers can be considered as institutional forms of implementing the law enforcement function of local self-government.
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Przybysz, Piotr. "Ewolucja administracyjnego aparatu egzekucyjnego." Opolskie Studia Administracyjno-Prawne 16, no. 1 (4) (September 16, 2019): 19–28. http://dx.doi.org/10.25167/osap.1157.
Full textAbstract:
The paper presents changes in the way of organizing administrative duties enforcement authorities that took place after 1990. It was found that the changes were caused primarily by alterations in the public administration system. The positive side of the changes is the introduction of the principle that enforcement authorities can be established only by law. The number of bodies authorized to conduct administrative enforcement has decreased, which creates better conditions for the specialization of officials in the field of administrative enforcement. On the other hand, the negative side of the changes is their partial nature and modification of changes after a short period of their validity, and even a return to previous solutions. The legislator does not seem to have a coherent concept of the organization of the administrative enforcement apparatus.