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Journal articles on the topic 'Code of administrative procedure'
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1
Ţurcan, Liliana. "What should an administrative code and an administrative procedure code contain?" National Law Journal, no. 3(245) (February 2022): 10–22. http://dx.doi.org/10.52388/1811-0770.2021.3(245).01.
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The administrative code of the Republic of Moldova was approved by the Parliament on July 19, 2018 (entered into force on April 1, 2019). One year later, on July 3, 2019, by the Government Emergency Ordinance, no. 57/2019, the Administrative Code of Romania was approved, which entered into force on the date of publication in the Official Gazette of Romania. However, the Administrative Codes of Romania and the Republic of Moldova, although with identical titles, have a different content or object of regulation and are different in their structure. The opinions on administrative codification set out in the Romanian and Moldovan literature are examined in this article. In particular, the issue of the content (object of regulation) of the Administrative Code and the Code of Administrative Procedure is investigated. The article also addresses issues such as the issue of Code priority, the issue of distinguishing between substantial administrative law and the law of administrative procedure. In the author’s opinion, in the administrative field, the object and perimeter of a code can be established starting from the determination of the difference between the material / substantial administrative law and the law of the administrative procedure
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Reid, Colin T. "The Polish Code of Administrative Procedure." Review of Socialist Law 13, no. 1 (1987): 59–102. http://dx.doi.org/10.1163/187529887x00023.
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KAZIKHANOVA, S. S. "ON THE NATURE OF RELATIONSHIPS FOR RECONCILIATION AND THE DESIRABILITY OF THEIR REGULATION IN CIVIL PROCEDURAL CODES." Herald of Civil Procedure 11, no. 3 (August 30, 2021): 109–31. http://dx.doi.org/10.24031/2226-0781-2021-11-3-109-131.
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The article analyzes the changes made to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative Code of the Russian Federation by the Federal Law of 26 July 2019 No. 197-FZ, related to the regulation of conciliation procedures. The question is raised as to whether the civil procedural codes should regulate relations on reconciliation and to what extent. Agreement is expressed with those authors who believe that, by their nature, the relations that develop in conciliation procedures between its participants (including in cases where the conciliation procedure is directed by a judge) are not procedural and are not part of the subject of civil procedural law. The non-procedural nature of the relationship between the judicial conciliator and the court in the procedure of judicial conciliation under the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Administrative code of the Russian Federation is substantiated. It is concluded that due to the qualitatively different nature of reconciliation relations from civil procedural relations, as well as their lack of connection with the resolution of a civil case in a certain system of guarantees (civil procedural form), there is no place for articles on individual conciliation procedures among procedural norms. In this regard, it is proposed to either exclude them, or, as an option, transfer them to the appendix to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Administrative code of the Russian Federation (just as in the Civil Procedure Code of 1964 there was an appendix, in particular, about the arbitration court).
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Stankiewicz, Rafał. "Regulation of Administrative Fines in the Polish Code of Administrative Procedure." Studia Iuridica 82 (March 2, 2020): 263–73. http://dx.doi.org/10.5604/01.3001.0013.9790.
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This article presents the problems of administrative fines in the Code of Administrative Procedure. These solutions were introduced to this act in 2017. The amendment to the Code of Administrative Procedure provided for the introduction of a new section (Section VIa), the provisions of which lay down the rules for imposing administrative penalties, ie penalties, cases justifying waiving the imposition of a penalty and granting the public administration authority the prescription, limitation of the imposition and enforcement of the penalty, and also the rules of postponement, payment in installments and cancellation of penalties. This article presents only selected issues of the regulation of imposing administrative fines in the Code of Administrative Procedure.
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Pribula, László. "The new Administrative Procedure Code in Hungary." Studia Universitatis Babeş-Bolyai Iurisprudentia 63, no. 2 (June 29, 2018): 28–43. http://dx.doi.org/10.24193/subbiur.63(2018).2.2.
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Grishkovets, A. A. "Reflections About the Administrative Process in Modern Russia." Siberian Law Review 18, no. 3 (October 21, 2021): 277–91. http://dx.doi.org/10.19073/2658-7602-2021-18-3-277-291.
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The article deals with the problem of understanding the administrative process in modern Russia. Discussion about its essence has not stopped in the science of administrative law for many years. There are two main points of view. The administrative process is understood in a narrow sense as a jurisdictional activity and in a broad sense as a set of administrative procedures, administrative jurisdiction and administrative justice. The opinion is expressed that the understanding of the administrative process should be based on the understanding of the subject of administrative law. After the adoption of the Code of Administrative Proceedings of the Russian Federation in our country, a real legal basis appeared for the creation of administrative justice, which resolves disputes between a citizen and the state. The legal nature of administrative justice and administrative jurisdiction is not the same. They belong to various subbranches of administrative law. The situation should be preserved when one part of cases of administrative offenses is considered by courts, and the other - by other bodies of administrative jurisdiction. The proposal to consider cases of administrative offenses in accordance with the norms of the Code of Administrative Proceedings is critically assessed. An attempt to create administrative courts in the Russian Federation is analyzed and evaluated. The experience of creating administrative courts in France and Germany is presented. The reasons why the administrative courts were never created are indicated. Administrative cases are considered by courts of general jurisdiction. An attempt to adopt the Administrative and Administrative Procedure Codes of the Russian Federation is analyzed. The Code of Administrative Proceedings of 2015, on the basis of which administrative cases are considered, is, in fact, the Administrative Procedure Code. The proposal to develop and adopt the Federal Law “On Administrative Procedures” is critically assessed. It is concluded that the administrative process is a judicial procedure for considering cases arising from public legal relations according to the norms of the Code of Administrative Proceedings of the Russian Federation, as well as the activities of bodies of administrative jurisdiction, including the court, to consider cases of administrative offenses in the manner established by the Code of the Russian Federation on Administrative Offenses.
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Markova, Elena. "POLISH MODEL OF ADMINISTRATIVE PROCEDURE." Scientific Journal of Polonia University 49, no. 6 (January 18, 2022): 132–38. http://dx.doi.org/10.23856/4917.
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In the article, the author examines the Polish model of administrative procedure, its nature, structure, taking as a basis the work of Javier Barnes in which the scientist identifies three generations of administrative procedure with the elements: (1) procedure for adjudication, (2) rule-making procedure, (3) collaborative – making public policy and implementing procedure.) The model of administrative procedure in Poland is normative as it is enshrined in the Code of Administrative Procedure. After analyzing its provisions, the author came to the conclusion that the Polish model of administrative procedure has a pronounced jurisdictional character, which is indicated by the principles of administrative proceedings, the structure of administrative proceedings. The jurisdictional model of administrative procedure in Poland remains dominant; it is characterized by a clear polarization of roles, with a "powerful sovereign" on the one hand and a subordinate citizen on the other. However, the Code reflects the provisions that indicate the partial appearance in the classical model of the administrative procedure of the elements of the third generation, which is associated with convergence and globalization. Poland's membership in the European Union prompted the legislator to introduce new, additional provisions in the Code of Administrative Procedure, concerning, for example, Administrative European Cooperation Section 8a, the principle of the peaceful settlement of Art. 13, the use of mediation in administrative proceedings Art. 96a. The presence of these elements is aimed at overcoming this division, creating a relationship between the parties, according to the principle of horizontal communication. The nature of the jurisdictional model of the administrative procedure is changing towards the regulation of a wide range of activities of bodies in the public sphere. Establishing a permanent system of communication between bodies, and between bodies and citizens "becomes the goal of the administrative procedure. Such changes are in line with the requirements of European Union legislation and the principles enshrined in the Code of Administrative Procedure.
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Dolganichev, V. V. "CLASS ACTION: COMPARATIVE ANALYSIS OF THE REGULATORY MODELS OF THE ARBITRAZH PROCEDURE CODE, CIVIL PROCEDURE CODE AND ADMINISTRATIVE PROCEDURE CODE." Zakon 16, no. 2 (2021): 36–45. http://dx.doi.org/10.37239/0869-4400-2021-16-2-36-45.
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Sowiński, Piotr Krzysztof. "Zakaz dowodowy przesłuchania mediatora w postępowaniu cywilnym, administracyjnym i karnym. Elementy wspólne i różnicujące (uwagi na tle art. 183 4 § 2 k.p.c., art. 83 § 4 k.p.a. oraz art. 178a k.p.k.)." Acta Iuridica Resoviensia 32, no. 1 (2021): 198–210. http://dx.doi.org/10.15584/actaires.2021.1.16.
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This article concerns mediation secret and ways to protect it in civil, administrative and criminal proceedings. Although all these procedures belong to one legal order they are characterized by independence and separate legal solutions. Common elements and differentiating them solutions were indicated in this text. Both were analyzed subjective and objective scope of the injunction on evidence contained in Art. 183 4 § 2 Code of Civil Procedure, Art. 96 § 2 Code of Administrative Procedure and Art. 178a Code of Criminal Procedure.
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Rozsnyai, Krisztina F., and István Hoffman. "New Hungarian Institutions against Administrative Silence: Friends or Foes of the Parties?" Studia Iuridica Lublinensia 29, no. 1 (March 29, 2020): 109. http://dx.doi.org/10.17951/sil.2020.29.1.109-127.
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<p class="Default">The Programme for the Reduction of Bureaucracy launched by the Hungarian government in 2015 has several directions, such as rethinking of the system of administrative organs, reshaping of civil service, simplification of administrative procedures, and fight against administrative silence, as well. New codes on the administrative procedure and on the judicial review of the administrative decisions were passed in 2016 and 2017, and the sectoral regulation has been transformed, as well. The most important change of the sectoral procedural rules was the replacement of procedures for permissions to a simple duty of notification. The authors investigate, if these institutions really help to reduce the burdens citizens and companies have in connection with bureaucracy: whether they are efficient tools against administrative silence and really are improving the situation of the parties <em>vis-à-vis</em> the administration and fostering good administration. They also take a closer look on the newly established action for failure to Act I of 2017 on the Code of Administrative Court Procedure (in force since 2018) intended as an additional tool, as well as its other new institutions addressing the problem of silence of administration.</p>
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Terekhova, Lydia A. "Principles of legal proceedings in the Code of administrative proceedings and in the Civil procedure code." Law Enforcement Review 4, no. 3 (October 5, 2020): 139–47. http://dx.doi.org/10.24147/2542-1514.2020.4(3).139-147.
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The subject. The system of principles of legal proceedings is one of the indicators of the independence of the type of legal proceedings. The article analyzes the general and distinctive features of the principles enshrined in the Russian Civil Procedure Сode and the Code of Administrative Procedure. The purpose of the article is confirmation or confutation of the hypothesis that there is no independent system of principles of administrative proceedings that differs from the system of principles of civil proceedings. The methodology of the study includes the formal legal method, analysis, synthesis. The main results. All of the principles enshrined in the Code of Administrative Procedure are also enshrined in the Civil Procedure Code except some minor characteristics. So, the active role of the court, involving a number of exceptions to the usual rules of evidence, was also characteristic of the regulation of the consideration of cases arising from public legal relations in the Code of Civil Procedure. The court’s active actions to determine the subject of evidence, to recover evidence are general rules of evidence for all types of proceedings. These rules existed both before the adoption of the Code of Administrative Procedure and after it. But the specifics of the execution of judicial acts adopted in cases of administrative proceedings require special attention. A characteristic feature in the consideration and resolution of most administrative cases is the immediate execution of decisions enshrined directly in the Code of Administrative Procedure. Such a rule can be considered as a priority of immediate execution, which is a characteristic feature of administrative proceedings. The author doubts about the need for normative consolidation of the principles, as well as the need for a special list of principles of administrative legal proceedings in separate article of the procedural code. Conclusons. The absence of an independent system of administrative procedural principles confirms the thesis that administrative proceedings cannot be considered an independent branch of law separated from civil proceedings law. However, the priority of immediate execution of a court decision is a characteristic feature (perhaps even a principle) of administrative proceedings.
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Orlova, I. V. "ANALYSIS OF CERTAIN ARTICLES OF THE CODE OF CIVIL PROCEDURE OF THE RUSSIAN FEDERATION, THE ADMINISTRATIVE PROCEDURE CODE OF THE RUSSIAN FEDERATION AND THE ARBITRATION PROCEDURAL CODE OF THE RUSSIAN FEDERATION IN RELATION TO CONCILIATION PROCEDURES." Vestnik of Khabarovsk State University of Economics and Law, no. 1-2 (October 20, 2020): 151–55. http://dx.doi.org/10.38161/2618-9526-2020-1-2-15.
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Kandel, Christopher, Richard Jenkinson, Roderick Davey, Jessica Widdifield, Bettina Hansen, Matthew P. Muller, Nick Daneman, and Allison McGeer. "2442. Detection of Prosthetic Hip and Knee Joint Infections Using Administrative Databases – A Validation Study." Open Forum Infectious Diseases 6, Supplement_2 (October 2019): S844. http://dx.doi.org/10.1093/ofid/ofz360.2120.
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Abstract Background Forming large cohorts to study prosthetic joint infections (PJIs) is a challenge without an existing surgical registry, as is the case in Canada. Administrative databases are an option, yet PJI diagnostic codes are insensitive. There is a need to improve the detection of PJIs from within administrative databases. Methods Individuals who had a primary arthroplasty at four hospitals in Toronto, Canada from 2010 to 2016 were identified using Canadian Classification of Health Intervention codes (based on the International Classification of Disease, Tenth Revision). Each re-admission to the same hospital until December 31, 2016 was reviewed for the presence of a PJI. The performance characteristics (sensitivity, specificity, positive and negative predictive values) of combinations of diagnostic and procedure codes when compared with the gold standard of chart review were calculated. The primary outcome was the algorithm that maximized sensitivity and positive predictive value. Results 27,843 primary arthroplasties were performed with 8595 readmissions, of which 572 involved a PJI. Median follow-up was 1258 days (interquartile range (IQR) 614–1891 days), with median time to first re-admission of 352 days (IQR range 166–725 days). PJI codes exhibited a sensitivity of 0.86 (95% confidence interval (95% CI) 0.83–0.89) and positive predictive value (PPV) of 0.89 (95% CI 0.86–0.92). The best performing algorithm is a combination of a PJI code or joint spacer insertion procedure code or insertion of a peripherally inserted central catheter along with an arthroplasty code (sensitivity 0.90, 95% CI 0.88–0.93 and PPV 0.89, 95% CI 0.86–0.91). Using timing from primary arthroplasty, spacer insertion codes and presence of a subsequent arthroplasty procedure code identified 68% (71/105) of first stage and 74% (108/146) of debridement with joint retention procedures during the first re-admission for a PJI. Conclusion Combinations of diagnosis and procedure codes can reliably identify PJIs from administrative databases. Individual orthopaedic procedure codes and timing from primary arthroplasty can inform the surgical procedure performed. This PJI detection algorithm could be used for PJI surveillance and research. Disclosures All authors: No reported disclosures.
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Rozsnyai, Krisztina F. "The Procedural Autonomy of Hungarian Administrative Justice as a Precondition of Effective Judicial Protection." Studia Iuridica Lublinensia 30, no. 4 (October 13, 2021): 491. http://dx.doi.org/10.17951/sil.2021.30.4.491-503.
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<p>The article is aimed at showing the hesitant and slow developments whereby the Hungarian administrative justice should be approached to the dualistic model of administrative justice. After 40 years of almost total monism, and 25 years of transition, one decisive step was made with the promulgation of the Code of Administrative Court Procedure. The article investigates why its concept taking form in the declaration of the principle of autonomy of administrative court procedure rules is crucial for providing effective legal protection against administration in Hungary, and what safeguards the Code contains to foster this autonomy, and by this, the strengthening of a functional administrative justice.</p>
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Musaeva, G. M. "Some problems of the administrative and procedural process." Law Нerald of Dagestan State University 41, no. 1 (2022): 55–59. http://dx.doi.org/10.21779/2224-0241-2022-41-1-55-59.
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Issues related to the administrative process in these conditions are extremely relevant and in demand in conditions when there is a need for the preparation and adoption of an administrative procedural code, which would reflect general provisions on the procedure for considering and resolving administrative procedures in all spheres of public administration. The article examines the problems related to the administrative and procedural activities of executive authorities. The purpose of this study is not to study all the administrative procedures that exist within the framework of executive and administrative activities. The article considers "positive" administrative procedures, with the help of which the activities of executive authorities and their officials are carried out to resolve individual administrative cases of an indisputable positive nature. Cases of a positive indisputable nature are associated with the satisfaction of the vital interests of individuals and legal entities and are aimed at the realization of their rights. The result of the study is the formulation of conclusions that in order to solve the problems of the administrative and administrative process, it is necessary to adopt an administrative procedural code or a law on administrative procedures.
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Terekhova, L. "Court proceedings for imposition of administrative sanctions." Law Enforcement Review 2, no. 3 (December 25, 2018): 110–16. http://dx.doi.org/10.24147/2542-1514.2018.2(3).110-116.
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The subject. The paper deals with the procedural issues of imposition of administrative sanctions by the courts.The purpose of the paper is to identify how the form of proceedings impacts on the rights and obligations of administrative trial participants.Methodology. The author uses the methods of analysis and synthesis, as well as dialectic approach. The formal-legal interpretation of the Code of Administrative Offences, the Code of Administrative Proceedings, the Commercial Procedure Code of the Russian Federation and is also used.The main results and scope of their application. The rules of the Code of Administrative Offences of the Russian Federation are "average" according to their nature, they are designed for application by a lot of authorities competent to impose administrative sanctions.The focus of the rules of the Code of Administrative Offences of the Russian Federation is to regulate the procedure for imposition of administrative sanctions and to define the punishment for an administrative offense. Therefore, the civil procedural form is not applicable here and the rules of the Civil Procedure Code and Code of Administrative Proceedings of the Russian Federation shouldn’t be used."Procedural form" in cases of administrative offenses considered by arbitration courts is mainly represented by the rules of the Code of Administrative Offences of the Russian Federation. The accused person can receive a little from actually judicial (civil) procedural form.The serious contradictions of the Code of Administrative Offences with the rules of the Commercial Procedure Code of the Russian Federation couldn’t be seen, on the one hand, but, on the other hand, the provisions of the Code of Administrative Offences of the Russian Federation have a different focus. The results of research may be used as the basis of correction of Code of Administrative Offences, the Commercial Procedure Code of the Russian Federation and may also inspire new researches concerning procedural issues of imposition of administrative sanctions by the courts.Conclusions. Participants in simplified administrative proceedings fall into a double trap: they are initially deprived of guarantees of procedural form due to the predominance of the rules of the Code of Administrative Offences of the Russian Federation and are again deprived of the "remains" of procedural form because of using the simplified proceedings. Empowering the courts with the authority of administrative jurisdiction does not correspond to the current trends in the development of legislation.
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Gajda-Durlik, Małgorzata. "Zasada ogólna czynnego udziału strony w postępowaniu administracyjnym a prawa strony w postępowaniu w sprawach załatwianych milcząco." Studia Prawa Publicznego, no. 2(26) (June 15, 2019): 93–114. http://dx.doi.org/10.14746/spp.2019.2.26.4.
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Pursuant to the amendment to the Code of Administrative Procedure, the Act of 7 April 2017 amending the Act – The Code of Administrative Procedure and certain other acts, the settling of a matter quietly has been incorporated into the framework of this Code. The legislator reserved a peculiar procedural regime for cases settled quietly, based on the formula of simplified, de-formalised proceedings, with simul-taneous setting of limits for the rights of the party in the trial. Pursuant to Article 122d § 1 of the Code of Administrative Procedure, the provisions of Articles 10 and 79a of the Code of Administrative Procedure shall not apply to matters settled qui-etly. There is no doubt that the addition to Section II of the Code of Administrative Procedure of Chapter 8a on quiet settlement of matters results in the application of the Code of Administrative Procedure to matters within this scope, including, inter alia, Article 28 of the Code – on the side of proceedings. This means that in matters settled quietly, similarly as in the case of matters settled by an administrative deci-sion, the subjective scope of proceedings is determined by Article 28 of the Code of Administrative Procedure, stating that each party is a party whose legal interest or duty the proceedings relate to, or who demands the authority to act due to its legal interest or duty. At the same time, the reservation made in Art. 122a § 2 of the Code of Administrative Procedure that a case is deemed to have been settled quietly when the party’s claim has been fully accepted does not mean in practice that only homogeneous interests of the party or parties expressed in the claim are involved in the case, and that the legal interests of subjects not filing a claim will not be involved in the case. As a consequence of the above, the fundamental question arises as to what extent the provision of Article 122d(1) of the Code of Administra-tive Procedure interferes with the conventional system of guaranteeing the rights of a party or parties adopted for cases settled in the jurisdiction process. The starting point of the analysis is the identification of the basic standard for determining the procedural position of a party in administrative proceedings, and then confronting with the solutions of the institution of quiet settlement of the matter in the scope different from the standard.
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Трезубов, Егор, and Egor Trezubov. ""Procedural Revolution". Review of Changes to Civil Procedure Codes." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 3, no. 2 (September 3, 2019): 187–98. http://dx.doi.org/10.21603/2542-1840-2019-3-2-187-198.
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This review examines some changes introduced by the Federal Law on January 28, 2018, No. 451-FZ, to the Civil Procedure Code, the Arbitration Procedure Code, and the Code of Administrative Procedure of the Russian Federation. The media called the amendment pool “procedural revolution”. It touched many institutions. On the one hand, it promoted unification of the civil process and imposed legal certainty on many issues. On the other hand, it simplified some ordinary procedures. Some of the changes fix the rules formed in judicial practice; others are essentially transitional and imply the need for further refinement. The present research explores the following innovations: modernization of the institute of court competence in the context of the availability of judicial protection, simplification and unification of the procedure for reviewing a challenge to the court, expanding the scope of simplified procedures for reviewing requirements, fixing the rules of continuous appeal in civil and administrative proceedings, etc. The review introduces the upcoming changes to the reader and outlines the author's opinion on the procedural reform. Some changes are characterized as positive, and the author substantiates the need for reform. Meanwhile, some innovations are criticized as they will inevitably lead to restriction of the rights of participants in the procedural relations. The author believes that the innovations of the “procedural revolution” will not lead improve the court system.
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Kleandrov, Mikhail I. "ON THE SYSTEM OF LEGISLATION ON ADMINISTRATIVE OFFENCES, ADMINISTRATIVE COURTS AND ADMINISTRATIVE VIOLATION." Proceedings of the Institute of State and Law of the RAS 15, no. 1 (April 30, 2020): 42–58. http://dx.doi.org/10.35427/2073-4522-2020-15-1-kleandrov.
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The article deals with the issues of offences in the field of criminal and administrative law. The author draws attention to the fact that those types of legal proceedings (including criminal and administrative) which are proclaimed in Part 2 of Art. 118 of the Constitution of the Russian Federation are not equivalent from the procedural perspective. The Criminal Procedure Code of the Russian Federation is a unified federal procedural legislative act. While administrative legal proceeding is based on the Code of Administrative Judicial Procedure of the Russian Federation and the Arbitration Procedural Code of the Russian Federation — for economic disputes arising from administrative legal relations, the Code of Administrative Offenses of the Russian Federation (which will soon be replaced by a new one together with a separate one — fundamentally new Procedural Code of Administrative Offenses of the Russian Federation) and a number of other acts, including acts of constituent entities of the Russian Federation. Meanwhile, at the very beginning of this century, the State Duma developed and in the first reading adopted a draft federal law on administrative courts in the Russian Federation, which a few years later was excluded from the plan of legislative work of the State Duma due to, as the author believes, the absence of an appropriate procedural law. The unity of understanding of offences in the administrative and criminal fields is based on the fact that in both cases it is a socially dangerous act, the difference is only in the degree of public danger. Moreover, each of these types of offences is divided into a number of subspecies — also depending on the degree of public danger. In this connection the legalization of a criminal infraction as well as the introduction of criminal liability of legal entities would be appropriate within the framework of the issue under consideration. Then it will make possible legislative consolidation (in its final form) of a single "line" of offences, differentiated in detail (at about ten "categories") depending on the degree of public danger of each of the "categories", with a simultaneous (also a single law) legal procedural basis for regulating the procedure for considering cases of offenses
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Samulska, Katarzyna. "EUROPEAN ADMINISTRATIVE COOPERATION." International Journal of Legal Studies ( IJOLS ) 5, no. 1 (June 30, 2019): 167–78. http://dx.doi.org/10.5604/01.3001.0013.3231.
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This article covers the discussion of a new legal institution regarding European administra-tive cooperation introduced into the Code of Administrative Procedure. The scope, size and detail of the provisions governing transnational administrative cooperation were analyzed. The principles of European administrative cooperation and the scope of the title issues were discussed. Attention was paid to the ways of initiating this cooperation and form. Refer-ence has been made to the adopted solutions in the field of European administrative coop-eration for the regulation of the draft Model of the EU Administrative Procedure Code prepared by Research Network on EU Administrative Law. Conclusions regarding the nature and shape of the adopted solutions in the field of European administrative cooperation were drawn
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Popowska, Bożena. "Nowe procedury publicznego prawa gospodarczego. Problem gwarancji procesowych dla podmiotów działalności gospodarczej." Przegląd Prawa i Administracji 114 (August 10, 2018): 593–608. http://dx.doi.org/10.19195/0137-1134.114.39.
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NEW PROCEDURES OF PUBLIC ECONOMIC LAW. THE PROBLEM OF PROCEDURAL GUARANTEES FOR BUSINESS ENTITIESThe basic subject of research within the article are new procedures, regulated by the provisions of public economic law, and the main purpose of the article is to determine their legal nature, with reference to the general administrative procedure. The procedures used in the sphere of the economy that regulate relations between public administration and entrepreneurs are very different. Some of them are based on the model of jurisdictional proceedings, regulated by the provisions of the Code of Administrative Procedure. Ther should also be distinguished proceedings whose main function is the implementation of specifi c public interests — these proceedings do not constitute a uniform category, and the relations between the public administration entity and the entrepreneur are regulated in different ways.
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KOLPAKOV, VALERII, and TETIANA KOLOMOІETS. "Legal Identificatino of Administrtive Procedure." Право України, no. 2019/04 (2019): 14. http://dx.doi.org/10.33498/louu-2019-04-014.
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Creation of the new court jurisdiction in Ukraine represented by administrative procedure gave rise to the relevant areas of scientific research, many of which are concerned with its legal identification and correlation with long-established legal categories. The analysis shows that differences in jurists’ opinions are an indication of the pressing scientific issue, addressing which will stimulate ongoing comprehension of the essential characteristics of the judicial appeal against acts and omissions by public authorities. Accordingly, the aim of this research is to carry out the legal identification of administrative procedure by showing its relation to the subject of administrative law and administrative proceeding. This has been done by examining the opinions of administrative law scholars on interpretation and correlation of such concepts as administrative procedure, subject of administrative law, administrative proceeding as well as their views on the norms of the Code of Administrative Procedure of Ukraine and provisions of other norms and regulations. It has been emphasized that renovation of the Ukrainian administrative law and formation of its modern paradigm are inextricably linked with the number of factors which include theoretical and practical findings in the sphere of administrative procedure, efficiency of the scientific support for the reforms of the administrative and legal institutions, establishing the patterns of their reformation, legal review of the actions being taken, as well as providing legal grounding for political and philosophical developments, along with generating legislative and organizational initiatives. This research also argues that administrative procedure is a fundamental component of the subject matter of administrative law and an integral part of the administrative proceeding. As a result of this, the authors conclude that administrative procedure, being of administrative and legal nature, constitutes the part of the subject matter of administrative law and administrative proceeding. It is therefore proposed that administrative proceeding be defined as an umbrella term for the regulatory activities of public administration in relation to exercising their authority.
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Markova, O. "Comparative legal analysis types of administrative procedure." Юридичний вісник, no. 3 (October 5, 2020): 29–37. http://dx.doi.org/10.32837/yuv.v0i3.1902.
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The author conducts a comparative legal study of the types of administrative procedure, using the experience of the United States, France and Poland in order to form a conceptual overview and a systematic approach to the typology of administrative procedure.The author monitors the procedural legislation of the above countries in order to consolidate the types of administrative procedure.In the course of research the author comes to conclusions, in particular: in the USA types of administrative procedure depend on type of rule-making. In accordance with the provisions of the US Federal Act “On Administrative Procedure” distinguish: formal rulemaking, informal, exclusive, hybrid and conciliatory. The approach of the Polish legislator to the types of administrative proceedings differs from the approach of the American legislator in a differentiated nature. The Code of Administrative Procedure reflects the general approach, as the types of proceedings presented in it cover the main activities of public administration bodies, and as for special – the legislator has provided for special regulation.In the legislation of many foreign countries, the general model of administrative procedure is fixed at the level of the Law or Code.As for the Ukrainian legislation, today, the Law “On Administrative Procedure” is absent, therefore, all procedures automatically become special. Details of various aspects of various types of administrative procedures take place both at the level of special laws and at the level of by-laws issued by other executive bodies. The list of these acts is so extensive and heterogeneous that there can be no question of the full compliance of the provisions embodied in them with each other. Moreover, such a variety obviously causes difficulties with the search for anapplicable norm for a private individual who is faced with a particular administrative procedure, and even for officials.The conducted comparative analysis of the species diversity of the administrative procedure will help us: firstly, to formulate a comprehensive vision and develop a unified approach, secondly, to rethink the conceptual framework within which the administrative procedure operates, and thirdly, it will provide an opportunity to introduce proposals into the project legislation.
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Sharipova, A. R. "Comparative Analysis of the Institutions of Monetary Recovery and Court Fines in Criminal, Arbitrazh, Civil and Administrative Proceedings." Actual Problems of Russian Law 17, no. 1 (December 20, 2021): 145–53. http://dx.doi.org/10.17803/1994-1471.2022.134.1.145-153.
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The purpose of the paper is to identify differences in the normative fixing of the universal procedural institution of a court fine (monetary penalty) that are not justified by industry specifics. The method of comparative law was the determining method of research. The paper compares the titles, structures, sizes, grounds, subject composition, the procedure for considering and appealing the imposition of procedural sanctions under the Criminal Procedure Code of the Russian Federation, the Commercial Procedure Code of the Russian Federation, the Civil Procedure Code of the Russian Federation and the Administrative Procedure Code of the Russian Federation. The wording «court fine» in the criminal procedure and other types of procedures denotes completely different concepts. The application of a monetary penalty is limited to an excessively narrow list of subjects. The Criminal Procedure Code of the Russian Federation provides for a low and undifferentiated size of the sanction; the issue of the possibility of appeal has not been resolved. The author proposes to borrow relevant solutions to these issues from the compared institutions of other procedural branches. The author substantiates the necessity of convergence of universal institutions of criminal procedural, civil procedural, arbitrazh procedural and administrative procedural law, as well as the belonging of the institute of procedural responsibility to the number of universal ones.
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Silveira, João Tiago, Tiago Fidalgo de Freitas, Gonçalo Fabião, and Miguel Assis Raimundo. "The Simplification of Procedures in Portuguese Administrative Law." Administrative Sciences 12, no. 1 (January 6, 2022): 9. http://dx.doi.org/10.3390/admsci12010009.
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The present paper intends to provide an overview and a critical assessment of the administrative simplification policies implemented in Portugal over the past 20+ years. Throughout these decades, the major instruments for administrative simplification have been: (i) Decree-Law n. 135/99, of 22 April; (ii) the Simplex programme; (iii) the 2015 new Code of Administrative Procedure and its 2021 amendment; and (iv) the COVID-19 legislation. Although Decree-Law n. 135/99 (i) was the first attempt to specifically address simplification, it was a very thin one. The Simplex programme (ii), created in 2006, was the first cross-sectoral robust policy of simplification; its motto is “the simpler the better” and it encompassed reforms in all government areas aiming at cutting red tape, promoting administrative efficiency, and making the citizens’ and the corporations’ lives easier when dealing with State. The new Code of Administrative Procedure (iii), approved in 2015, brought about specific normative solutions to simplify procedures, namely, prior communications, administrative assistance, procedural conferences, and the electronic one-stop shop. Finally, the COVID-19 legislation (iv) was made necessary by the COVID-19 pandemic and by the fact that public health restrictions made it impossible for citizens to establish personal contact with the administration in many cases.
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Adamiak, Barbara. "Domniemanie prawidłowości milczącego załatwienia sprawy." Przegląd Prawa i Administracji 114 (August 10, 2018): 45–58. http://dx.doi.org/10.19195/0137-1134.114.1.
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PRESUMPTION OF THE CORRECTNESS OF THE SILENT DEALING WITH THE CASESummaryThe silent dealing with the case enters into legal circulation on the day following the day on which the time limit stipulated for issuing the decision or ruling terminating the proceedings in the case or raising objections expires Article 122c § 1 of the Code of Administrative Procedure. The silent dealing with the case acquires the aspect of the fi nal dealing with the case. According to art. 122g in fi ne of the Code of Administrative Procedure “It is assumed that the eff ect of issuing the final decision was made within fourteen days from the date of expiry of the deadline referred to in art. 122C § 1.” The silent dealing with the case is valid in the legal circulation, binding both the public administration bodies and the party parties. The silent dealing with the case benefits from the protection of durability, being legally binding as a solution to the case in accordance with the law. Undermining the durability of a silent dealing can be done by rebutting the presumption of correctness based on the law in the procedures provided for verifying the decision, as well as a result of an inspection of the enforcement of the decisions applicable to the silent dealing with the case Article 122g of the Code of Administrative Procedure.
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Nazarov, Valentin, and Tat’yana Akimova. "On the issue of understanding administrative proceedings." Current Issues of the State and Law, no. 13 (2020): 135–40. http://dx.doi.org/10.20310/2587-9340-2020-4-13-135-140.
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We point out some trends observed in the development of Russian justice. We note the features of the historical development of the state that have influenced the legislative consolidation of administrative legal proceedings. Exploring the main approaches to the definition of administrative legal proceedings, we conditionally combine them into three large groups and characterize each of them. The various positions of legal scholars on the legal nature of administrative legal proceedings are illustrated. It is indicated that with the adoption of the Code of Administrative Judicial Procedure, there was a separation of administrative proceedings from other types, the result of which is the creation of administrative and legal means to ensure and protect public interests as well as the practical implementation of constitutional legal norms on administrative legal proceedings. We specify that the independent nature of administrative legal proceedings is determined by the specifics of this process. The features characteristic for this type of legal proceedings are analyzed. We express an opinion on the need for a more clear and unambiguous formulation of the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation and its normative consolidation. Despite the fact that more than four years have passed since the adoption of the Code, the controversy surrounding the subject of regulation of the Code of Administrative Judicial Procedure of the Russian Federation continues to this day. In addition, we reveal the most important results of the adoption of the Code of Administrative Judicial Procedure.
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Ershov, Oleg G. "The Code of Administrative Procedure: the Concept and Unfulfilled Expectations." Russian Journal of Legal Studies 4, no. 2 (June 15, 2015): 59–63. http://dx.doi.org/10.13187/rjls.2015.4.59.
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Popov, L. L. "Essay on the Doctrine of Administrative Procedure." Lex Russica, no. 6 (July 5, 2021): 11–22. http://dx.doi.org/10.17803/1729-5920.2021.175.6.011-022.
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The paper elucidates the history and current state of the administrative procedure doctrine, the idea of the structure of the administrative procedural code of the Russian Federation, shows the role Prof. Nadezhda G. Salishcheva and Prof. Valentin D. Sorokin plaid in the development of the theory of administrative procedure. The author highlights that the first link of administrative procedural activity and the structure of administrative procedural law have been created. The second link, namely, the creation of the Administrative Procedural Code of the Russian Federation has been completed. The third link that involves the recognition by the legal scientific community of the fact that, in the system of Russian law, administrative procedural law does exist, has taken place. And, according to strict logic, there is a need for the fourth final link in the system of administrative procedural activity, namely: the creation of an all-Russian system of administrative courts, which will require a financial basis, the availability of human resources and a modern digital infrastructure, including a unified all-Russian database of citizens and organizations brought to administrative responsibility qualified according to the constituent entity of the Russian Federation and fields (areas) of management, high-speed Internet connection with all local jurisdictional authorities. And as we can see, the system of administrative courts will meet the needs of two branches of state power — the executive branch and the judiciary.The author expresses the wish that curious scientists — administrative law experts — appear in Russian science, who would be interested in the considered scientific issue that constitutes an interesting and very important problem and proceeds researching the theory, legislation and practice of the administrative procedure.
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Majewski, Kamil, and Patrycja Majewska. "COMMENTARY TO THE JUDGMENT OF THE NSA OF 4 JANUARY, 2021, REF. NUMBER ACT: I OSK 1846/20." Roczniki Administracji i Prawa 4, no. XXI (December 31, 2021): 295–300. http://dx.doi.org/10.5604/01.3001.0015.8318.
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The glossed judgment concerns, inter alia, the rules for providing factual and legal information contained in Art. 9 of the Code of Administrative Procedure. The Supreme Administrative Court primarily referred to the material scope of this principle. The authors of this gloss share the view expressed by the Supreme Administrative Court, according to which, under Art. 9 of the Code of Administrative Procedure, expect the authority to inform the party, in the context of its potential procedural rights, about the advantages and disadvantages of individual institutions of administrative proceedings. At the same time, the authors express their appreciation for the position formulated in the literature, according to which the principle resulting from Art. 9 of the Code of Administrative Procedure cannot be equated with advice from an authority to a party to the proceedings. The conducted analysis includes the latest jurisprudence of administrative courts
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Madaliev, Rustam. "DEVELOPMENT OF THE ADMINISTRATIVE LAW IN THE KYRGYZ REPUBLIC." Administrative law and process, no. 1 (28) (2020): 92–104. http://dx.doi.org/10.17721/2227-796x.2020.1.07.
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The article provides an overview and stages of the development of law and legislation on administrative procedures and administrative justice in the Kyrgyz Republic. The article discusses the adoption, implementation, content and the application of the new Law on Administrative Procedure and the Administrative Procedure Code of the Kyrgyz Republic. At the beginning, the socio-political background and the rationale for the ongoing judicial reforms and the efforts of the state to strengthen the rule of law in the Kyrgyz Republic are described. A significant part of article considers steps for developing a law on administrative procedures of the Kyrgyz Republic and the problems associated with its development. Then, the content and issues of implementation and the problems of the practical application of the new law on administrative procedures of the Kyrgyz Republic are disclosed. A separate part is devoted to the development, content, implementation and practice of the application of the new Administrative Procedure Code of the Kyrgyz Republic. The article also outlines the problems and shortcomings in the practice of applying legal norms on administrative procedures and administrative justice in the Kyrgyz Republic. In general, the article summarizes that a new system of administrative law has been formed in Kyrgyzstan to replace “Soviet” administrative law, but there are still problems in understanding and applying the new administrative legislation: not all the regulatory framework and practice of administrative agencies are brought into line with the new legislation; there are facts of not understanding, ignoring and not applying the new legislation by public authorities; not all curricula of higher legal education are brought in line with a new understanding of administrative law. It is necessary to continue the implementation measures to put into practice the new administrative legislation through organizational measures to educate and train law applicators, as well as the development of judicial practice in administrative cases.
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van Reenen, Pieter. "Impartiality in the EU Asylum Procedure." European Journal of Migration and Law 20, no. 3 (September 12, 2018): 338–56. http://dx.doi.org/10.1163/15718166-12340032.
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Abstract The Asylum Procedures Directive stipulates that asylum applications are examined ‘impartially’ by the national authorities. This paper explores the meaning of the term impartiality in administrative settings in EU asylum law focussing on three levels: the Common European Asylum System, the administrative organisational level and the level of the individual immigration officer. CEAS does not provide for a definition of impartiality. The article connects impartiality to the right to good administration as in the Charter of Fundamental Rights of the EU. It includes jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights as well as the approach of the EU Ombudsman and EASO in its scope. These sources provide more concrete aspects of impartiality. The article is finalized with recommendations for a code of conduct.
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Pleshevenya, O. V. "Аppeal Against the Submission on Elimination of Causes and Conditions that Contributed to the Commission Administrative Offence." Rossijskoe pravosudie 4 (March 25, 2021): 54–58. http://dx.doi.org/10.37399/issn2072-909x.2021.4.54-58.
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. The article is devoted to the study of gaps in legislation when appealing against the idea of eliminating the causes and conditions that contributed to the Commission of an administrative offense. The author draws attention to the contradictory jurisprudence in resolving this issue, which violates the constitutional rights to protect the relevant actors, in particular, business entities, and does not promote the unity of the judicial system. The emphasis is on the established judicial practice in a separate appeal of the submission, without filing a complaint against the ruling in the case of administrative offense – in the order of the head of 22 Russian Federation Code of Administrative Procedure. In conclusion, conclusions have been drawn about the need to introduce rules on appeal of the submission out of court to the Code on Administrative Offences of the Russian Federation (or the Procedural Code on Administrative Offences of the Russian Federation, if adopted). Regarding the judicial procedure of appeal, it is proposed to include the relevant rules in theRussian Federation Code of Administrative Procedure.
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Abdirasulovich, Khudoyberdiev Abdurashid. "Improving The Effectiveness Of Administrative Sanctions For Violations Of The Established Procedure In The Conduct Of Public Events." American Journal of Political Science Law and Criminology 02, no. 10 (October 28, 2020): 118–22. http://dx.doi.org/10.37547/tajpslc/volume02issue10-18.
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Abdirasulovich, Khudoyberdiev Abdurashid. "Improving The Effectiveness Of Administrative Sanctions For Violations Of The Established Procedure In The Conduct Of Public Events." American Journal of Social Science and Education Innovations 02, no. 10 (October 30, 2020): 286–90. http://dx.doi.org/10.37547/tajssei/volume02issue10-48.
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Rubashkin, Vladimir V. "A Comparative Analysis of Proceedings in Cases on Administrative Offenses in General Jurisdiction and Commercial Courts." Administrative law and procedure 10 (October 8, 2020): 41–43. http://dx.doi.org/10.18572/2071-1166-2020-10-41-43.
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The article is devoted to a comparative legal study of proceedings on administrative offenses under the Code of Administrative Offenses of the Russian Federation and the Arbitration Procedure Code of the Russian Federation. Researches the debate issues of unification and differentiation of the order of consideration of cases of administrative offenses. Attention is paid to the difference in the procedure for appealing final decisions and decisions in the light of judicial reform.
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Opalev, Rim O. "The Code of Administrative Proceedings of the Russian Federation: Five Years in Force." Arbitrazh-civil procedure 12 (November 26, 2020): 43–46. http://dx.doi.org/10.18572/1812-383x-2020-12-43-46.
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The paper is dedicated to the history of the Code of administrative judicial procedure of the Russian Federation and to main characteristics of this Code. The author deals with reasons of negative attitude to enacting of the Code, changes in this field as well as the efforts of the Supreme Court of the Russian Federation towards development of the Code and relevant judicial practice. The author makes attempt to emphasize the most significant characteristics of modern administrative justice reflected in the Code of administrative judicial procedure of the Russian Federation and to describe them briefly. The author’s conclusion relies on author’s previous comparative research works and analytic of the Supreme Court of the Russian Federation. The author also draw attention to some perspectives of development of the Code.
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Wojciechowska, Karolina. "Realizacja prawa wglądu w akta sprawy w postępowaniu administracyjnym." Studia Iuridica, no. 85 (March 15, 2021): 271–87. http://dx.doi.org/10.31338/2544-3135.si.2020-85.18.
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The subject of the article is an analysis of the realisation of the right to access to administrative records in public administration authorities. This right is the most important manifestation of the right of access to the records, which a party to administrative proceedings is entitled to. The right to access the administrative records is limited by the fact that the party has access to incomplete, unstructured, unnumbered records or unavailable records without issuing a refusal of access to the records, as well as access to the records in places not adapted for that purpose. The right of access is also limited by the following restrictions which do not exist in the Code of Administrative Procedure but are applied by the authorities: the hours of visitors and the queuing system. A party should be able to review his or her personal records during the office’s working hours in a room adapted for that purpose. I propose that the party should be able to access the records in the body’s information and communication system at on-line remote.
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Wojciechowska, Karolina. "Błąd w klauzuli ostateczności." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 30 (2020): 330–45. http://dx.doi.org/10.15584/znurprawo.2020.30.22.
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The subject matter of the article is the finality clause of an administrative decision, precisely the situation where an error occurs in this clause at the date of finalisation. The form of the finality clause, although commonly used in the practice of public administration authorities, is not regulated in the Code of Administrative Procedure. It is classified in case law and literature as a substantive and technical activity, a type of certificate and on this basis the provisions of Chapter VII of the Code of Administrative Procedure concerning certificates apply to it accordingly. As an official document it benefits from the presumption that there are circumstances that allow to consider the decision as final. If there is an error at the date of the finality, then, in principle, the party that has complied with it should not suffer any negative legal consequences as a result of the authority’s action, since it acts in confidence in public administration authorities.
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Levushkin, A. N., and V. V. Vorobev. "Some Issues on Mediation in Resolving Disputes in the Russian Federation." Actual Problems of Russian Law 15, no. 5 (June 1, 2020): 135–43. http://dx.doi.org/10.17803/1994-1471.2020.114.5.135-143.
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The introduction of judicial reconciliation procedures in the arbitrazh, civil and administrative procedure can serve as a positive impetus for the development of a civilized and effective out-of-court dispute resolution in the Russian Federation. However, there are a number of provisions that are subject to critical analysis in the relevant norms of the Arbitration Procedure Code of the Russian Federation, Civil Procedural Code of the Russian Federation, Administrative Procedure Code of the Russian Federation, and the Rules for conducting court mediation. Noteworthy are the rules establishing the requirements for candidates for judicial mediators regarding the need for retired judges to conduct research activities, which can hardly be justified. Due to the specificity of the conciliation procedure itself, it is also necessary to consider the issue of judicial mediators having knowledge and skills in the field of mediation. In this paper, the authors analyze some problems of mediation in resolving economic and other disputes in the Russian Federation and abroad, and propose some changes to the procedural legislation.
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Majczak, Paweł. "Uwagi na tle kodeksowej regulacji kar administracyjnych." Prawo 322 (July 6, 2017): 67–76. http://dx.doi.org/10.19195/0524-4544.323.7.
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Remarks regarding penalties regulated in the Code of Administrative ProcedureOn 1 June 2017 an amendment to the Code of Administrative Procedure entered into force. The amendment introduced new legal solutions that will speed up administrative procedures and make procedures more efficient. The amendment introduces extensive changes, including administrative penalties. According to the new provisions, during making the decision on penalties, the body is obliged to take into account the circumstances of the case, such as gravity of the offence, fact of previous punishment for the same behavior or the personal conditions of party. It shall be noted that another regulations imposes mandatory withdrawal from punishment in case on occurring at least one of the premises indicated in the provision. This amendment introduces also 5-year limitation period for sentencing the party and its execution.
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Majczak, Paweł. "Uwagi na tle kodeksowej regulacji kar administracyjnych." Prawo 323 (December 29, 2017): 67–76. http://dx.doi.org/10.19195/0524-4544.323.8.
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Remarks regarding penalties regulated in the Code of Administrative ProcedureOn 1 June 2017 an amendment to the Code of Administrative Procedure entered into force. The amendment introduced new legal solutions that will speed up administrative procedures and make procedures more efficient. The amendment introduces extensive changes, including administrative penalties. According to the new provisions, during making the decision on penalties, the body is obliged to take into account the circumstances of the case, such as gravity of the offence, fact of previous punishment for the same behavior or the personal conditions of party. It shall be noted that another regulations imposes mandatory withdrawal from punishment in case on occurring at least one of the premises indicated in the provision. This amendment introduces also 5-year limitation period for sentencing the party and its execution.
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Maleshin, Dmitry. "Chief Editor’s Note on the New Russian Code of Administrative Procedure." Russian Law Journal 3, no. 4 (December 16, 2015): 5–6. http://dx.doi.org/10.17589/2309-8678-2015-3-4-5-6.
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Jakubowski, Aleksander. "Zgłaszanie problemów i pomysłów przez Internet z wykorzystaniem map (geolokalizacji). Perspektywa prawnoadministracyjna." Studia Iuridica, no. 85 (March 15, 2021): 193–212. http://dx.doi.org/10.31338/2544-3135.si.2020-85.13.
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This article presents the analysis of the legal aspects of administrative systems for reporting problems and ideas using maps (geolocation – spatial data) via the Internet. As part of the analysis of such systems, the 19115 system functioning in Warsaw was presented in detail. In the article, the legal regulation of the 19115 system which is of an intra-organizational character was referred to the provisions of generally binding laws – Section VIII of the Code of Administrative Procedure and the Regulation of the Council of Ministers of 8 January 2002 on the organization of receipt and processing of complaints and requests. The research confirmed that the functional interpretation of these laws leads to the conclusion that the systems at issue are generally consistent with them. The problems and ideas submitted by residents through such systems should be treated as requests within the meaning of the Code of Administrative Procedure. However, in order to avoid doubts and practical difficulties, it is advisable to amend Section VIII of the Administrative Procedure Code and the Regulation of the Council of Ministers of 8 January 2002 on the organization of the receipt and processing of complaints and requests in accordance with the submitted de lege ferenda conclusions. They assume, inter alia, the introduction of an explicit legal basis for establishing such systems.
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Larouche, Geneviève, Jocelyne Chiquette, Marie Plante, Sylvie Pelletier, Jacques Simard, and Michel Dorval. "Usefulness of Canadian Public Health Insurance Administrative Databases to Assess Breast and Ovarian Cancer Screening Imaging Technologies for BRCA1/2 Mutation Carriers." Canadian Association of Radiologists Journal 67, no. 4 (November 2016): 308–12. http://dx.doi.org/10.1016/j.carj.2015.12.003.
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Purpose In Canada, recommendations for clinical management of hereditary breast and ovarian cancer among individuals carrying a deleterious BRCA1 or BRCA2 mutation have been available since 2007. Eight years later, very little is known about the uptake of screening and risk-reduction measures in this population. Because Canada's public health care system falls under provincial jurisdictions, using provincial health care administrative databases appears a valuable option to assess management of BRCA1/2 mutation carriers. The objective was to explore the usefulness of public health insurance administrative databases in British Columbia, Ontario, and Quebec to assess management after BRCA1/2 genetic testing. Methods Official public health insurance documents were considered potentially useful if they had specific procedure codes, and pertained to procedures performed in the public and private health care systems. Results All 3 administrative databases have specific procedures codes for mammography and breast ultrasounds. Only Quebec and Ontario have a specific procedure code for breast magnetic resonance imaging. It is impossible to assess, on an individual basis, the frequency of others screening exams, with the exception of CA-125 testing in British Columbia. Screenings done in private practice are excluded from the administrative databases unless covered by special agreements for reimbursement, such as all breast imaging exams in Ontario and mammograms in British Columbia and Quebec. There are no specific procedure codes for risk-reduction surgeries for breast and ovarian cancer. Conclusion Population-based assessment of breast and ovarian cancer risk management strategies other than mammographic screening, using only administrative data, is currently challenging in the 3 Canadian provinces studied.
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ONISHCHYK, Yurii, and Karine ABDUKADYROVA. "Procedures settlement of customs disputes in the administrative proceedings of Ukraine." Economics. Finances. Law, no. 9 (September 30, 2021): 8–11. http://dx.doi.org/10.37634/efp.2021.9.2.
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It was found that customs disputes in administrative proceedings are resolved in the general claim procedure, simplified claim proceedings and claim proceedings in certain categories of administrative cases. Examples of such administrative cases on customs disputes are given. The procedure for resolving administrative cases on customs disputes in the court of first instance is considered. It is established that at the stage of preparatory proceedings such procedures for resolving customs disputes in administrative proceedings as the procedure for settling a dispute with the participation of a judge and the procedure for conciliation of the parties are provided. The specifics of these procedures for resolving customs disputes in administrative proceedings are described. It is concluded that in resolving customs disputes in administrative proceedings, the dispute settlement procedure with the participation of a judge can be applied only before the trial on the merits, and the conciliation procedure — at any stage of consideration and resolution of customs disputes in the manner prescribed Code of Administrative Procedure of Ukraine. It is noted that in contrast to the dispute settlement procedure with the participation of a judge, the decision on the results of the conciliation procedure of the parties can be appealed. It is noted that the forms of review of court decisions have certain features, but in general are carried out according to the general procedure of consideration and resolution of customs disputes in administrative proceedings. It is stated that the procedures for resolving customs disputes in administrative proceedings are characterized by certain specifics. This is due to the special subject composition (obligatory subjects of resolving customs disputes in court are customs authorities and individuals or legal entities that move items across the customs border), the scope of legal regulation (customs disputes arise from customs relations) and evidence (documents and information required for customs control and customs clearance).
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Landerson, N. V. "On the Integrative Interconnection of Extrajudicial and Judicial Resolution of Administrative-Tort Cases." Siberian Law Review 18, no. 3 (October 21, 2021): 339–49. http://dx.doi.org/10.19073/2658-7602-2021-18-3-339-349.
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The article considers some features of the integrative relationship between public administration and courts in two types of administrative-tort cases: 1) in cases of administrative offences (or otherwise - in cases of administrative-punishable torts, since the consideration and resolution of this category of administrative-tort cases essentially entails the appointment of administrative penalties according to the rules provided for by Code of the Russian Federation on Administrative Offences); 2) in cases of violations of mandatory requirements detected and suppressed by public administration bodies during control and supervisory proceedings (or otherwise - in cases of administrativeavoidable violations, since the consideration and resolution of this category is administrative-tort cases on the merits entail the application of such a measure of administrative enforcement and restorative influence as the introduction of an order to eliminate violations of mandatory requirements under the rules provided for by the legislation of the Russian Federation: 1) add Article 28.8 of the Code of the Russian Federation on Administrative Offences, providing that when drawing up a protocol on an administrative offense, the consideration of which is attributed to the competence of another body, a decision is made on the transfer of the case materials by authority (if the case is subject to consideration by a public administration body) or by jurisdiction (if the case is subject to consideration in a court of general jurisdiction); 2) as an alternative option for further improvement of the administrative-procedural legislation of the Russian Federation, the issue of applying a single algorithm of procedural actions of public administration bodies when sending materials of administrative-punishable cases to the court by filing an application with a requirement to bring to administrative responsibility, as already provided for in Chapter 25 of the Code of the Russian Federation on Administrative Offences, is proposed for discussion among scientists and legislators. And if it is necessary to transfer the materials of an administratively punishable case for consideration from one public administration body to another non-judicial body (public administration body), it is possible to provide for a ruling on the transfer of the case materials for consideration; 3) to regulate in the Code of the Russian Federation on Administrative Offences in the form of an independent chapter “Proceedings in administrative cases on the cancellation of a license and (or) permit” and provide for a single procedure for the review and resolution by the court of administrative cases of this category on administrative claims of public administration bodies.
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Nesterova, Iryna, and Natalya Shelever. "Expert and legal expert as participants of administrative process." Problems of Legality, no. 152 (March 29, 2021): 69–78. http://dx.doi.org/10.21564/2414-990x.152.226089.
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In connection with Ukraine’s European integration intentions, there is a need to update the procedural codes. The new Code of Administrative Procedure contains numerous novelties, in particular, the range of other participants in the trial has been expanded. This issue is relevant given the role of experts in the trial.
The Code of Administrative Procedure defines the legal status of an expert whose task is to promote effective justice. For the court, its opinion is of a recommendatory nature, because the final decision is made by the judge. A novelty of the Code of Administrative Procedure is that the participants in the process have the right to provide an expert opinion and such an opinion is equivalent to the opinion of an expert appointed by the court.
In our opinion, such a novelty is a positive step forward. It should be noted that it is due to the expertise special knowledge is used and public legal disputes are effectively resolved. It is the expert who uses scientific and technical means to establish the circumstances that are relevant to the trial and thus promotes effective justice.
A new participant in the administrative process is a legal expert. The Code of Administrative Procedure of Ukraine determines the procedural status of this participant. This must be a person who has a scientific degree and is a recognized specialist in the field of law. However, the Code of Administrative Procedure of Ukraine does not specify which scientific degree it should be. This should be either a candidate of law or a doctor of law. In addition, the legal structure of "recognized specialist in the field of law" is debatable. The Code of Administrative Procedure of Ukraine gives the participants the right to submit to the court the opinion of such an expert.
It should be noted that the opinion of a legal expert is not evidence, is ancillary in nature and is not binding on the court. The judge's task is to draw an independent conclusion in fact. A legal expert does not replace a judge. However, in its decision, the court may refer to the opinion of a legal expert as a source of information that is contained therein.
The legal expert provides an opinion on a limited list of issues. However, judges have difficulties with the application of the analogy of law and norms of foreign law. Ultimately, this leads to a review and reversal of a judgment. Therefore, we consider that legal experts should be highly professional scholars who are able to provide effective assistance to judges in public legal disputes resolving.
Some practitioners consider that it is important for the court not only to have the opinion of a scientist, but also a lawyer-practitioner, who, although he does not have a scientific degree, but has practical experience and can provide appropriate recommendations for public legal disputes resolving. We do not agree with this opinion, as we consider that only a scientist can provide qualified assistance to a judge in public legal dispute resolving. Instead, a legal practitioner should make recommendations for a judge to resolve a relevant public legal dispute.
It is advisable to expand the circle of other participants in the trial. Both the expert and the legal expert contribute to the rule of law principles in the administration of justice.
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Tomczyk, S. Y. "Legislative regulation of administrative justice principles." Russian Journal of Legal Studies 3, no. 2 (June 15, 2016): 140–43. http://dx.doi.org/10.17816/rjls18160.
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This article analyzes the principles of the administrative proceedings that have received the legal consolidation of the Code of Administrative Procedure Code. The article analyzes the legislative regulation of the basic principles of administrative proceedings, reveals contradictions on the number and composition of these principles in articles CAS, and marked some of the provisions, which were not reflected in the list of important and special obscheprotsessualnyh principles discussed in the scientific literature.
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Łazuk, Sylwia. "The Admissibility of Mitigation of the Administrative Monetary Penalty for the Occupation of the Road Lane without Permission in the Light of Article 189D of the Code of Administrative Procedure." Studia Iuridica 82 (March 2, 2020): 189–97. http://dx.doi.org/10.5604/01.3001.0013.9619.
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It should be noted that not every monetary penalty can be mitigated pursuant to article 189d of the Code of Administrative Procedure – if special provisions include premises which should be followed by the authority in the course of imposing a penalty, then it is impossible to make auxiliary use of the guidelines expressed in the Code (following the principle lex specialis derogat legi generali). Pursuant to article 40 (12) of the Act on Public Roads, the occupation of the road lane for non-road purposes without appropriate permission is punishable with an administrative monetary penalty. In this article, the authors discuss the admissibility of mitigation of the administrative monetary penalty for the occupation of the road lane in the light of article 189d of the Code of Administrative Procedure.