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1
Bovend’Eert, Paul P. T. "Judicial Independence and Separation of Powers: A Case Study in Modern Court Management". European Public Law 22, Issue 2 (1 de abril de 2016): 333–53. http://dx.doi.org/10.54648/euro2016021.
Resumen
The construction of a court management organization in the judiciary touches the heart of judicial independence and separation of powers. It is vitally important to have sufficient safeguards against outside pressures from executive branch authorities, to maintain the independence of the judiciary and respect separation of powers. In the Netherlands, a modern court management organization has been established to improve judicial efficiency and enhance the quality of the administration of justice. Executive branch authorities, such as the Minister of Security and Justice, obtained broad supervisory powers concerning the operational management of the courts of the judiciary. In supervising the operations of the courts, these non-judicial authorities turn out in practice to be intensively involved in the way in which the judges handle cases. This organizational structure does not satisfy standards of judicial independence and separation of powers. Fundamental changes in this management structure have to be considered.
2
Olszanowski, Jan. "Model of Supervision over Administrative Courts in Poland". Bratislava Law Review 4, n.º 2 (31 de diciembre de 2020): 173–88. http://dx.doi.org/10.46282/blr.2020.4.2.195.
Resumen
One of the most significant current discussions in Polish legal doctrine is how actions of executive powers, especially supervisory measures can affect judicial independence. It is related to basic constitutional and administrative law issues, including the separation of powers, the independence and the impartiality of the judiciary, the independence of the courts, the supervision and control, the efficiency and effectiveness of judicial protection. The analysis focuses on the dependence between the model of administrative supervision adopted in administrative justice and the efficiency of the courts, as well as their perception by the public. The study will examine supervisory measures aimed at ensuring the efficient functioning of the courts. The effectiveness of judicial review of administrative justice is essential for the protection of individuals' rights and the functioning of the state authorities in both the social and the economic sphere. From an extrajudicial point of view its significance is reflected in the influence on the judiciary, which will not only be effective in its procedural activity, but also in the level of trust and social prestige. It holds that the three arms of the state – the executive, the judiciary and the legislature – should, to a greater or lesser extent, be kept separate. That way, they are able to hold one another to account. This theory about the separation of state power went on to have a formative effect on the development of modern-day democracies. And it’s this vision of the tripartite separation of state power that is essential to the EU’s argument against the Polish reforms of the judiciary. The problem of supervision over administrative courts is also connected with external and internal independence of the judiciary. External independence refers to freedom from undue outside pressure, while internal independence protects individual judges from undue pressure from within the system. “Undue internal pressure” sometimes comes from court presidents and may take different forms: even where individual judges are not formally subordinate to court presidents or other authorities and may be result of attribution of workload, allocation of resources and benefits, disciplinary powers, powers of transfer and secondment, distribution of cases, etc. The aim of this paper is to examine the problem of supervision over administrative courts in legal system of Poland. The article focuses on the dependence between the model of administrative supervision and the efficiency of the courts.
3
Evloev, I. M. "The Legal Nature of the Judicial Compliance Assessment". Siberian Law Herald 1 (2021): 8–13. http://dx.doi.org/10.26516/2071-8136.2021.1.8.
Resumen
The article examines the legal nature of the judicial compliance assessment, its correlation with the concepts of «judiciary»,«justice», «compliance assessment», «judicial control», «legal proceedings». In the legal literature the essence of this category is defined differently: it is considered as a function, objective, means, activities, process. Describing the concept of “function” as the main direction of the activity of different authorities, judicial compliance assessment is considered to be one of the functions (essential manifestations) of the judiciary. The leading role in the implementation of separation of powers and effective participation of courts in the system of checks and balances allows us to consider this institution as a function fulfilling the purpose of the judicial power. The judicial compliance assessment is a part of justice, which is the main function of the judiciary, and it’s implemented through constitutional, civil, arbitration, administrative and criminal proceedings. Thus, the legal proceedings are a form of realization of the compliance assessment functions of the judiciary. At the same time, the judicial compliance assessment is a kind of compliance assessment in general as the activity of the entire system of the competent authorities to assess regulations. Based on the results of the analysis of various positions of lawyers regarding the legal nature and content of judicial compliance assessment author offers his vision of the place of this institution in the system of functions of the judiciary and its main characteristics.
4
Golovko, V. V. y Yu A. Seliverstova. "Seliverstova Yu.A. Administration process and administrative proceedings: problems and future". Law Enforcement Review 8, n.º 2 (22 de junio de 2024): 112–19. http://dx.doi.org/10.52468/2542-1514.2024.8(2).112-119.
Resumen
The subject is administrative proceedings in the system of judicial proceedings used in Russia.The purpose of the article is definition of the essence of both legal proceedings in general and administrative proceedings in particular, as well as its varieties.Methodology includes methods of complex analysis and synthesis of the Russian legislation and scientific sources, as well as formal-logical logical interpretation of legal rules and scientific papers.Main results. It seems reasonable to be guided by the position of the legislator, according to which each constitutionally defined type of legal proceedings corresponds to a specific procedural form, each of which is fixed exclusively in the corresponding independent federal law. The separation of civil and commercial proceedings is of a functional nature, taking into account the totality of the specifics and the subject composition of the civil cases under consideration. Currently, in the Russian Federation, administrative proceedings are carried out in at least two independent procedural forms. Administrative court proceedings are judicial administrative proceedings, the human rights essence of which is the procedural activity of the court for the actual consideration and resolution of administrative cases and cases of administrative violations. The concept of administrative proceedings is part of a broader concept of administration process, which, in addition to considering a case accepted for trial on the merits, includes the procedural activity of the court at the stage before the acceptance of administrative claims submitted to the court under the Code of Administrative Procedure of the Russian Federation. The administration process is exclusively judicial in nature and does not preclude the activities of quasijudicial bodies to consider disputes with citizens and organizations on issues of disagreement of the latter with the actions (inaction) of executive authorities and their officials and their decisions.Conclusions. The components of the concept of administrative proceedings are proceedings in administrative and other cases arising from public relations (public law disputes) and judicial proceedings in cases of administrative offenses. Public law disputes and proceedings in cases of administrative offenses include a public authority as one mandatory party, nevertheless, public law disputes are of a claim nature, whereas proceedings on an administrative offense have a tort content.
5
Wang, Haijun. "Practical requirements and institutional changes in the action of the judiciary during the transition period in Russia". Legal Science in China and Russia, n.º 4 (16 de septiembre de 2021): 118–25. http://dx.doi.org/10.17803/2587-9723.2021.4.118-125.
Resumen
. After the collapse of the USSR, Russia entered a new social transition period, and reform in the fi eld of state structures, including the legal system, began. The judicial power plays an important role in the process of legal reform, and is manifested at several levels of the state, society and the individual. Based on the gradual completion of the theoretical and institutional construction of the mechanism of action of the judicial power of the Russian Federation at the beginning of the transition period, the judicial power is gradually being put into practice, but as society develops, the mechanism of action of the judicial power dynamically develops in accordance with practical requirements, including changes in the system of judicial authorities, changes in the mechanism of judicial proceedings, improvement of the mechanism of control and ensuring the mechanism of judicial power, as well as separation of the power of execution of a sentence from the judicial power.In particular, in the system of judicial authorities, due to excessive pressure on the consideration of cases, the institution of justices of the peace, established during the judicial reform of 1864, was restored in order to ease the burden of the federal court and at the same time achieve a quick resolution of disputes between residents; The complete consolidation of the constitutional judicial system led to the gradual establishment of constitutional (statutory) courts of the subjects of the Russian Federation, which would allow improving the foundations of the constitutional judicial system and the constitutional judiciary in Russia; To address the review of judicial practice in cases related to the resolution of disputes on the protection of intellectual rights, the Intellectual Property Rights Court was established, which expanded the requirements of the judiciary in specialized areas; In order to eliminate various differences between the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation in the interpretation of many laws, the functions of the Supreme Arbitration Court of the Russian Federation were included in the Supreme Court of the Russian Federation.As for the reform of the mechanisms of judicial proceedings, the institution of juries was restored during the judicial reform of 1864 in order to get rid of the institutional abuses associated with the institution of people’s assessors in the USSR; During the period of general social transition and judicial reform in Russia, the change in legal concepts and the requirement of judicial practice led to Russia reviewing and evaluating the institution of judicial precentors and; The principle underlying human rights in the Constitution has brought the role of the judiciary in the fi eld of ensuring and protecting civil rights to a signifi cant one, and the mechanism of administrative action has gradually changed with the adoption and application of the Code of Administrative Procedure of the Russian Federation. In the fi eld of improving the mechanism of control and ensuring the mechanism of judicial power, the judicial power, after judicial reform and institutional construction, achieved a situation of developing independence, a control mechanism was created by a subject consisting of the constitutional court of the Russian Federation, the parliament, the prosecutor’s offi ce, an autonomous body of judges, at the same time, the judicial department under the Supreme Court of the Russian Federation provided for the actions of the judiciary in the transitional period of the Russian Federation.The execution of decisions is the fi nal point of the judicial power, so the issue of the execution of decisions becomes an integral part of the exercise of judicial power in judicial reform, as well as concentrated in civil areas, while a specifi c way of reform is the separation of the power of execution of a sentence from the judicial power. The above will be a manifestation of the institutional transformations of the mechanisms of action of the judiciary to adapt to social development in the transition period. In a special and long process of transition, the judicial power of Russia could achieve useful action, as well as the renewal and transformation of institutions that are formed in practical processes, contributed to the continuous development of the judicial power, while the mechanism of action of the judicial power is continuously being improved.
6
Fox-Decent, Evan. "Democratizing Common Law Constitutionalism". McGill Law Journal 55, n.º 3 (10 de febrero de 2011): 511–35. http://dx.doi.org/10.7202/1000622ar.
Resumen
Common law constitutionalism is the theory that legal principles such as fairness and equality reside within the common law, are constitutive of legality, and inform (or should inform) statutory interpretation on judicial review. This article looks to Justice Rand’s judgment in Roncarelli v. Duplessis to develop a democratic and relational conception of common law constitutionalism. By “democratic” the author means a version of the theory that governs judicial review but which is available to frontline decision makers independently of the history and contemporary practice of review. By “relational” the author means a theory that presupposes a trust-like and legally significant relationship between public authorities and the persons subject to their power. Under the democratic and relational theory, the legality of administrative action is assessed in light of legal principles constitutive of the trust-like relationship and without reference to the separation of powers. These principles flow from the trust-like nature of the relationship and the implications of working out how public authorities can hold discretionary power over individuals without subjecting them to domination or instrumentalization.
7
Issalys, Pierre. "Regards sur le droit administratif suisse". Les Cahiers de droit 19, n.º 3 (12 de abril de 2005): 703–79. http://dx.doi.org/10.7202/042262ar.
Resumen
Looking at Swiss administrative law from a Quebec perspective, this paper outlines some aspects of the Swiss system that provide useful models or references for the discussion and resolution of current issues in Canadian and Quebec administrative law. These issues are identified as (1) the proliferation of independent administrative agencies, and the means to control or at least systematize the growth of such structures ; (2) the desirability and feasibility of enacting general standards of procedure for administrative action ; (3) the simplification of remedies in the field of judicial review of administrative action ; (4) the desirability and feasibility of allocating judicial review powers to a specialized court, either within or outside the Superior Court ; and (5) the desirability and form of a procedure allowing for political intervention in the decision-making process of independent agencies. In the light of these issues, the paper describes the allocation of review functions between administrative and judicial bodies in Swiss federal law. The structure and activity of the Swiss Federal Court (Tribunal fédéral), and especially of the division of the Court that deals with most administrative law cases, are outlined in some more detail. A short historical sketch leads to a discussion of the corresponding features of the law in some of the cantons, and to consideration of the special position given to social security matters in the general scheme of administrative law. The paper then focusses on administrative action itself, commenting on the most significant provisions in the Federal Administrative Procedure Act (Loi fédérale sur la procédure administrative) of 1968. Special attention is paid to the process of review within the administration, up to the level of the federal cabinet (Conseil fédéral). Corresponding provisions in the law of some of the cantons are also briefly discussed. The description of the federal review process is then completed by an outline of the procedure for judicial review of administrative action by the Federal Court (Recours de droit administrative). Finally, notice is again taken of the special position of social security as regards administrative procedure. The paper draws attention, in its concluding part, to the most interesting insights provided by Swiss law into the current problems of Canadian and Quebec administrative law. The growth of administrative tribunals has been brought under control by structural arrangements, especially in the field of social security. The introduction of general standards of procedure has brought greater uniformity and clarity, has emphasized the unity of administrative process including the review phase before administrative or judicial authorities, and has strenghtened the rule of law over government action. The existence of a single procedure to invoke judicial review eases access to the court. While in many cases review by the court is excluded, these exclusions have to be specific, and leave full opportunity for review within the administration, with adequate safeguards provided by the Administrative Procedure Act. Specialization occurs within the Federal Court, and does not involve a rigid separation between judges applying administrative law and judges applying other branches of the law, as in France or Germany. Finally, ultimate political control over certain types of decisions is admitted as a part of life in Swiss federal law, but is at the same time subjected to a quasi-judicial procedure which makes it an acknowledged source of administrative justice.
8
Lee, Chang-On. "A Critical Review on the Separation Theory of Investigation and Prosecution: Focusing on comparative legal perspective". Korean Association of Criminal Procedure Law 14, n.º 2 (30 de junio de 2022): 35–97. http://dx.doi.org/10.34222/kdps.2022.14.2.35.
Resumen
Investigation should not have any meaning on its own, apart from the prosecuting authority’s decision. This is because these judgments can not be properly made unless the legal and normative viewpoints of the prosecuting authority are applied. There is no purpose of investigation itself, and there should not be because there is no reasonable grounds in terms of protecting constitutional rights and human rights that the independence of the investigative authority should be guaranteed. Therefore, if the purpose of the investigation is to evaluate the possibility of proving guilt and to decide whether to initiate a prosecution, and the validity of the decision is ultimately evaluated by the court's decision or judgment through the trial process. the authority and responsibility of the investigation should belong to the prosecuting authority according to the principle of purposiveness and the principle of professionalism. If the organizational structure and authority are set so that the incentives and decision-making of the members in the organization are contradictory to each other in the areas with the same purpose and function, serious disharmony and burden will occur within the system. Whether the legal nature of the investigation of a specific case is judicial or administrative depends on the philosophical and institutional perspectives with which how important and realistically achievable the culture of the relevant legal system regards the fairness of the investigation procedure. The ideal investigative agency for which our Constitution and the Criminal Procedure Act aims should only discover the actual truth and implement judicial justice, while maintaining objectivity and neutrality in criminal procedures. Investigation should not be used to achieve administrative purposes, but are aimed only at finding the truth and the judicial justice. To achieve this, the investigation should not be part of the administration, but should be part of a judicial or quasi-judicial power independent of the administration in our criminal legal system. If real-world prosecutors fail to realize quasi-judicial independence in spite of these legal ideals and institutions for achieving them, a device that can guarantee independence and objectivity of them should be developed in order to properly implement this ideals. The investigative authority should not be monopolized by administrative agencies that are bound by the principles of administrative authority and purposiveness. Most of the existing problems raised with respect to the prosecutor's concentration of power should have been addressed with the standpoint of strengthening the independence and neutrality of the prosecution service and refraining from unnecessary direct investigations, thereby solidifying their identity as a quasi-judicial institution. In addition, it should have been approached by strengthening the objective measures of checks and independent inspection procedure in the decision-making process of the prosecution service regarding investigations and prosecutions. Separating investigation and prosecution and weakening the prosecuting authority's command and control against the investigation agencies should not have been considered in the first place. The system as a whole has made it easier for front-line investigative agencies to abuse their investigative powers with this new approaches. This accumulates burdens on the criminal system that can not be sustainable in the mid- to long-term and could disrupt our criminal justice system which maintains the fundamental characteristics of the continental inquisitorial system so that the prosecution guarantees the completeness of the investigation in an objective and neutral position,
9
Bródka, Jakub. "Analiza uprawnień i wzajemnej relacji organów nadzorczych nad komornikiem sądowym oraz charakter jego odpowiedzialności dyscyplinarnej – zarys problemu". Przegląd Prawa Egzekucyjnego 2023, n.º 7 (28 de julio de 2023): 35–67. http://dx.doi.org/10.62627/ppe.2023.026.
Resumen
This article discusses functional relations between (judicial, administrative and corporate) supervision over a court bailiff’s activities and the disciplinary liability of the enforcement authority. The author presents an opinion that the material scope of supervision over a court bailiff is mutually coinciding and overlapping, as a result of which the court bailiff’s assessment is not permanent given a possible different approach of another authority, which has a negative impact on court enforcement procedures. The second part of the article focuses on issues concerning the character of liability for disciplinary tort of an enforcement authority and pays special attention to the problem of setting liability limits and to a high degree of discretion in disciplinary measures taken by the Minister of Justice. The author is of the opinion that disciplinary regulations must be defined more precisely and that the separation of supervisory authorities should be strengthened. In turn, overlapping competences of various authorities within various procedures should be eliminated as much as possible.
10
Слинько, Д. В. y Л. І. Калєніченко. "Development of National Procedural Law in the Second Half of the XIX – Early XX Centuries". Law and Safety 80, n.º 1 (19 de marzo de 2021): 156–64. http://dx.doi.org/10.32631/pb.2021.1.22.
Resumen
The authors have studied one of the current historical and legal problems concerning the development of procedural law in the Ukrainian lands, which were part of the Russian and Austro-Hungarian Empires in the second half of the XIX – early XX centuries. Based on the analysis of scientific literature and relevant regulatory material, it has been noted that the beginning of the reform of procedural legislation of the Russian Empire can be considered the introduction of the institution of forensic investigators by the imperial decree in June 1860. Thus, the preliminary investigation was separated from the police, and investigators were part of the staff of the judicial department. The next stage was the judicial reform of 1864. As a result of the reform, the judicial system and procedural law were completely changed. Substantive law was also partially amended under that influence; there was the separation of criminal proceedings from the civil one; procedural norms of administrative justice began to be formed in the Ukrainian lands during that period, and a new branch of knowledge within legal science emerged, which was aimed at searching for the essence and nature of procedural law. The development of procedural law in the Ukrainian lands, which were part of the Austrian and, since 1868, the Austro-Hungarian Empires, was characterized by the obsolescence and imperfection of procedural legislation and its focus on the establishment of imperial positions. At the same time, it is possible to state its certain democracy and succession. It has been concluded that national procedural law during that period was characterized by the preservation and strengthening of certain features of the medieval process (secular nature, rationality, phasing), by the separation of procedural law from the substantive, by the formation of procedural branches of law, by the codification of procedural legislation, by the separation of administrative proceedings from criminal and civil proceedings; the functions and competence of the authorities and their officials were differentiated.
11
Hushchynski, Ihar H. "ABOLITION OF THE INSTITUTION OF ZEMSTVO DISTRICT CHIEFS IN THE RUSSIAN EMPIRE IN MARCH 1917 (ON THE EXAMPLE OF BELARUSIAN PROVINCES)". RSUH/RGGU Bulletin. Series Political Sciences. History. International Relations, n.º 1 (2024): 73–87. http://dx.doi.org/10.28995/2073-6339-2024-1-73-87.
Resumen
The article deals in an abolition of the positions of Zemstvo district chiefs in the Belarusian provinces during the February Revolution of 1917. Positions were introduced in the Russian Empire in 1889 in order to strengthen government control over the peasantry. As a rule, the positions of Zemstvo district chiefs were taken over by local landlords. Those officials were subordinated to the Ministry of Internal Affairs. Along with administrative powers, they were given judicial functions in relation to peasants (previously it was under the jurisdiction of justices of the peace). It contradicted the principle of separating the judiciary from administrative authority and put the peasants in an unequal legal position compared to other estates. In the Belarusian provinces the positions of Zemstvo district chiefs existed until March 1917, when their activity was terminated by the Provisional Government. The liquidation of those positions during the February Revolution looked like a completely natural measure in the context of trend of renewal and democratization of public life. At the same time, in practice, then often led to vacuum of judicial power in rural areas and made it almost impossible for local authorities to maintain law and order.
12
Щерблюк, О. В. "FUNCTIONS AND TASKS OF SYSTEMS AND INSTITUTIONS OF THE SYSTEM PROVISION OF THE COURT". Juridical science, n.º 3(105) (30 de marzo de 2020): 302–11. http://dx.doi.org/10.32844/2222-5374-2020-105-3.38.
Resumen
The article analyzes the current legislation of Ukraine which regulates organizational issues of the judiciary. It is stated that the right to a fair trial depends on many factors, one of which is the tasks and functions of the organization of the judiciary in Ukraine. Where the functions and tasks of the organization of the judiciary in Ukraine should correspond, on the one hand, to the promotion of the proper exercise of their powers by the courts, and on the other hand not to create conditions for influencing judges. The main bodies and institutions and their functions and tasks in the organization of the judiciary in Ukraine are determined. To such bodies and institutions the author includes: the High Council of Justice, the State Judicial Administration of Ukraine, the High Qualification Commission of Judges of Ukraine, judicial self-government, the court staff, the National School of Judges of Ukraine. the tasks and functions of the above-mentioned bodies are in most cases not directly indicated at the legislative level. Thus, when separating the tasks and functions facing different public authorities, it is not always possible to clearly separate them from each other. Therefore, analyzing the legal status, we can assume that the main functions of the judiciary are: security, financial management, control, information and communication , normative-methodical, etc. In turn, the tasks of each judicial body or institution in the field of organization of the judiciary are mainly determined by the areas and powers specified in the regulations governing their status. It is determined that the bodies and institutions that are called to perform the functions and tasks of the judiciary are: the High Council of Justice, the State Judicial Administration of Ukraine, the High Qualifications Commission of Judges of Ukraine, judicial self-government, the court, the National School of Judges of Ukraine. self-government involved in the organizational support of the courts, as well as the tasks and functions of the above bodies in most cases at the legislative level are not directly specified. Therefore, analyzing the legal status, we can assume that the main functions of the organization of the judiciary are: security, financial and administrative, control, information and communication, regulatory and methodological, and so on.
13
Çela, Evelina. "Judicial institutions, ADR reform and their necessity in the Albanian reality". Jus & Justicia 16, n.º 1 (2022): 128–38. http://dx.doi.org/10.58944/ovro1288.
Resumen
The concept of separation of powers was put forward by one of the most prominent representatives of the French Enlightenment, a prominent jurist and political thinker Charles Louis Montesquieu (1689-1755) to prevent the abuse of power and create conditions which “different authorities can mutually restrain each other. So, the topic of this paper it is the evidence of the current situation in Albania in terms of judicial institutions, legality, functional and practical importance in a democratic state and the functions they perform. The separation of powers has political and natural preconditions. The political reason for the separation of powers lies in the danger of the concentration of power by one body, in the need to control three independent powers over each other. Natural preconditions are necessary for the adoption of laws, their implementation, and the administration of justice. Thus, the legislature (Parliament) produces laws while the executive (government) implements the laws. Courts (Constitutional Court, courts of general jurisdiction, courts of arbitration) deal with specific cases to which other government bodies and citizens are parties. The article analyzes the main criteria, legal bases, and necessary conditions, consequences of the lack of judicial institutions and finally recommends the emergence need of the creation of an arbitration court as an alternative dispute resolution ADR, a tool widely used in developed democracies. A good justice system, both in the legal and organizational framework, in the civil field is an essential guarantee for the rule of law and respect for human rights. These rights take on legal value when the individual goes to a court that administers justice in a short period of time and in this way it creates trust in the public. A state with a well-organized justice system (where there are alternative means of resolving ADR disputes) for all spheres, be they civil, administrative, criminal or family, etc., is the main indicator for institutional reform, distribution of the burden enabling the delivery of justice on time and without delay. Above all, the individual has the opportunity to choose the means by which he will solve his problem. On the other hand, such a good organization would also enable the increase of work efficiency and the quality of the given judgments.
14
Abazov, A. Kh y I. R. Nakhusheva. "Bailiffs’ Offices in the North Caucasus in the Last Third of the 18th — First Half of the 19th Centuries: Evolution of Activity". Nauchnyi dialog 1, n.º 8 (31 de agosto de 2020): 287–300. http://dx.doi.org/10.24224/2227-1295-2020-8-287-300.
Resumen
The article considers the evolution and suggests the periodization of the activities of local judicial and administrative control institutions in the North Caucasus in the last third of the 18th — first half of the 19th centuries on the example of bailiffs’ offices. Four stages are highlighted: 1) the establishment of the first private bailiff in Kabarda (1769) and the formation of the Main Caucasian bailiff’s office (1800); 2) its separation from the Main Kalmyk bailiff’s office structure (1801); 3) adoption of an Institution for the administration of the Caucasus region (1827); 4) reorganization of the Chechen bailiff (1852) and replacement of bailiffs by institutions of military popular administration (1858). The functions of the main and local bailiffs’ offices within the framework of the proposed periodization are considered. The features of administrative subordination of local and main bailiff offices and their staff structure are studied. Attention is drawn to the difficulties of organizing the activities of bailiffs’ offices related to their subordination, on the one hand, to the Board (Ministry) of Foreign Affairs, on the other — to the provincial or linear authorities. It is concluded that the proposed periodization allows to present the dynamics of the activity of the bailiffs in the North Caucasus in the last third of the 18th — first half of the 19th centuries as a complex phenomenon aimed at finding optimal forms of governance of the peoples included in the political and legal space of the Russian Empire.
15
Kozicka, Beata. "THE SUPREME ADMINISTRATIVE COURT IN THE STRUCTURES OF THE JUDICIARY (JUDICATURE) – HIS POSITION AND TASKS". Roczniki Administracji i Prawa 4, n.º XXIII (31 de diciembre de 2023): 33–52. http://dx.doi.org/10.5604/01.3001.0054.2683.
Resumen
The publication presents the structure of the judicial authorities It is an orderly outline, presentation, resulting from legal regulations constituting the properties of the NSA. It points out, that maintainig balance within the judiciary is crucial to obtain a fair trial. constituting the protection of subjective rights It emphasizes that the right to a proper trial has a crucial meaning in a matter of principles of a democratic rule of law and established in Art. 10 of the Constitution of the Republic of Poland, the separation of powers.The main objective of the study is to reveal the role of administrative courts in the structure of the judiciary. The article addresses these issues through showing the role of NSA (the Supreme Administrative Court), which importance is crucial in the matter of final form in the point of view of both law-abidingness as well as protection of individual rights (their right to a trial).The featured problem is of significant practical importance, especially when matters are putted onto reviewing the legal caseses by NSA, other than those specified in Art. 184 of the Constitution. Thus, I am trying to answer the following question: can the NSA, within the range of its given abilities, in such a structured division of powers, and a position defined by its system, hear cases that are out of those set out in Art. 184 of the Constitution of the Republic of Poland. whether, therefore, the tasks entrusted to him by statute and not considered as of „activities of „public” administration can be considered lawful. This issue is of vital importance, because it establishes a legal bond between the state and its citizen, and affects the possibility of authoritative interference in personal matters. The main purpose of the article is to analyze the right to a trail and the essential right to a competent court, with particular emphasis on the impact of a diverse sources of EU law on the normative standard of national legislation.
16
Mikhaylova, Ekaterina V. "Issues of the Implementation of the Principle of Independence of Judges in Review of Public Law Cases". Arbitrazh-civil procedure 6 (10 de junio de 2021): 49–53. http://dx.doi.org/10.18572/1812-383x-2021-6-49-53.
Resumen
The article raises the problem of the independence of judges who consider and resolve public law cases. Since a public law conflict is a dispute between a private person (citizen or organization) and the state represented by its bodies or officials regarding the exercise of power, the judge is actually a representative of one of the parties to the legal conflict (the state). In such conditions, it is difficult for him to maintain impartiality and independence. It is shown that it is necessary to distinguish between the categories of “court independence” and “judicial independence”. The constitutional principle of the separation of powers ensures the independence of the court as a state body, but not of a judge. It is proposed, first, to consider the independence of a judge in three aspects: from other authorities and officials; from the persons participating in the case and from other judges, including higher courts. In order to increase the independence of judges considering public law cases, it is also proposed to introduce the institution of administrative assessors into the Russian model of administration of justice (by analogy with arbitration and jury assessors). At the same time, it is advisable to revive the institution of civil liability of judges for the erroneousness of their decisions.
17
Kaвurkin, Aleksandr A. "ACTIVITY OF COURTS IN THE KHANTY-MANSIYSK AUTONOMOUS OKRUG TO STRENGTHEN THE LABOR DISCIPLINE OF THE SOVIET SOCIETY IN THE EARLY 1940s". Vestnik Chuvashskogo universiteta, n.º 4 (25 de diciembre de 2021): 51–58. http://dx.doi.org/10.47026/1810-1909-2021-4-51-58.
Resumen
The article reflects the peculiarities of implementing the penal and labor policy by the Soviet party and state bodies, including judicial ones in the Ostyako-Vogulsky, later Khanty-Mansiysk National Okrug, their interrelation in the early 1940s. The stages of evolving and forming the administrative-territorial structure in the region are also touched upon. The relevance of the stated topic is noted. In the conditions of the Second World War and on the eve of the Great Patriotic War in the USSR, there were noticeable changes in the social policy of the state, which were conditioned by the needs of the country’s defense. It is known that in the 1930s tensions in international relations increased, there was a threat of an attack on the USSR. Due to this in 1940s the transition to an 8-hour working day and a 7-day working week was carried out in all regions of the country. In the same year, a law was adopted on the judicial responsibility up to imprisonment for unauthorized leave, absenteeism and tardiness as a result of which criminal penalties and the role of punitive, including judicial, bodies were strengthened in the country. The article notes that in the harsh northern conditions, taking into account the vast territory of the district, a significant distance separating settlements from each other, the lack of proper transport links between settlements, it was impossible to properly and promptly ensure proper consideration of criminal cases, which did not allow the territorial judicial authorities of the Ostyak-Vogul (Khanty-Mansiysk) National Okrug to make correct and balanced decisions in a timely manner. However, the judicial authorities of the district played an important role in strengthening labor discipline in the region in the early 1940s.
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Repetska, Anastasia. "Cooperation of the legislative and executive state of the state authorities in the aspects of the modern political system of Ukraine". Історико-політичні проблеми сучасного світу, n.º 39 (16 de junio de 2019): 192–97. http://dx.doi.org/10.31861/mhpi2019.39.192-197.
Resumen
One of the main characteristics of any political regime is the power correlation between the legislative and executive branches of state power. In a democratic environment, it should reflect a certain balance of branches of power.The Constitution of Ukraine has defined the principle of separation of power into legislative, executive and judicial (art. 6), each of them is independent from the other one and acts within its competence. Theoretically fixed in the Constitution principles of power separation aim between legislative and executive branches. However in the conditions of social-economic crisis, in which the country has been acting since 1990s, between multi-vectored political forces and striving of executive power for widening of its authorities, that is fixed in the Constitution, the presidential-parliamentary form of administration very often has led not only to constitutional cooperation of powers but to the competition between the President and executive power on the one hand, and Verhovna Rada, on the other hand. So, today the need for reconsideration of both the correlation of authorities and cooperation between branches of power in Ukraine has become obvious.
Keywords: legislative branch of government, executive branch of government, cooperation, political system.
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Prylutskyi, S. "THE CONSTITUTIONAL COURT OF UKRAINE AND ITS INSTITUTIONAL (UN-)CERTAINTY: CURRENT PROBLEMS OF DOMESTIC STATE BUILDING". Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, n.º 120 (2022): 60–64. http://dx.doi.org/10.17721/1728-2195/2022/1.120-11.
Resumen
Since its founding, the Constitutional Court of Ukraine (CCU) has been an integral part of the judiciary and has been an integral part of the unified justice system. After the transformations of 2016, which underwent the Basic Law of Ukraine, the institutional position of the CCU in the system of public authorities has acquired a completely new format. And, as it turns out in practice, the legal status of the CCU is quite difficult to define and articulate. One of the major conceptual changes affecting the institutional status of the CCU was the deprivation of its exclusive role as the sole body of constitutional jurisdiction in Ukraine. The paper reveals deviations from the imperative provisions of Article 5 of the Constitution of Ukraine in matters of the procedure for changing the constitutional order. The negative factor of depriving the CCU of its institutional affiliation with the judiciary significantly limits the application of guarantees of independence and relevant standards for the judiciary. The transformation of the CCU from a judicial body into a "political" one, but with an uncertain constitutional and legal status, opens unlimited opportunities for political "players" to influence the legal positions and independence of both its individual members and the body as a whole. It was found that the transformation of the CCU from a judicial body into a "political" one, but with an uncertain constitutional and legal status, opens unlimited opportunities for political players to influence the legal positions of individual members and the body as a whole. Violation of the foundations of the separation of powers, as the basic algorithm of modern constitutionalism, will inevitably lead to a crisis of public administration and the political system. Therefore, today we need to look for legally correct and balanced ways to eliminate this systemic error and restore the legal constitutional order of Ukraine.
20
Bustamin, Bustamin y Rony Jaya. "URGENSI CHECKS AND BALANCES KETATANEGARAAN INDONESIA DAN ISLAM". JURIS (Jurnal Ilmiah Syariah) 18, n.º 2 (30 de diciembre de 2019): 221. http://dx.doi.org/10.31958/juris.v18i2.1740.
Resumen
The reform movement opened the door to implementation of the 1945 amendment to the constitution. The urgency of the Indonesian government's control system, which included the legislative, executive and judicial institutions, was quite a concern. This condition is based on the fact that during the Orde Baru the concept of the Trias Politica Montesquieu was castrated by the authorities. Unlike the case of the Islamic constitutional system, the concept of mutual control was much more familiar when Khulafaur Rasyidin Umar bin Khattab called six (six) high-ranking friends to find a replacement. This was later considered the first Syura Institute in Islamic history. The purpose of this paper is to recognize the urgency of checks and balances in the Indonesian government system and in the Islamic state administration. This article uses a library research method with a qualitative descriptive approach, which is then analyzed using the interactive analysis model of Miles, Huberman, and Saldana. The results show that following the amendment of the 1945 Constitution, the legislature, including the DPR and the DPD, has taken control of the executive and the Supreme Court and the Constitutional Court as a judicial body can control each other and establish a balance between these institutions. While the Islamic constitutional system in the Fiqh study of Siyasah was already familiar with the separation of powers and the separation of powers in the institutions of Tasyri'iyah, Tanfidziyah and Qada'iyah.
21
Кайло, І. Ю. "DETERMINATION OF THE COMPETENCE OF THE AUTHORITIES EXERCISING SUPERVISION AND CONTROL OF COMPLIANCE WITH LABOR LEGISLATION OF UKRAINE, AND THEIR INTERACTION". Juridical science 2, n.º 4(106) (3 de abril de 2020): 253–61. http://dx.doi.org/10.32844/2222-5374-2020-106-4-2.31.
Resumen
The relevance of the article is that today, the powers of control and supervision have a large number of public authorities that can be applied to any relationship or only compliance with labor laws. Such bodies are in complex administrative, legal, economic relations with each other, but may belong to different branches of government or may not be subject to the standard division into legislative, executive and judicial branches of government. This situation is quite ambiguous. Of course, the presence of a large number of bodies that control and supervise compliance with labor legislation provides an opportunity to conduct inspections of most of the growing number of enterprises in Ukraine, guarantees specialization and the availability of special professional knowledge of officials. However, it is necessary to qualitatively regulate and establish the limits of their competence, which seems to be a difficult task in the context of constant reform of the system of control bodies, separation of competences of individual authorized bodies or, conversely, its absorption. The article is devoted to the analysis of delimitation of competence of bodies supervising and control over observance of labor legislation of Ukraine, and their interaction. The article analyzes the terms "state control", "administrative supervision", "state control ». The purpose of control and supervisory activity of public administration bodies on the example of the economic sphere of relations is revealed. Legislative consolidation of the concept of "state control (supervision)" in modern control and supervision legislation is substantiated. It is concluded that the competence of the bodies of control and supervision over the observance of labor legislation allows to cover the maximum number of types of labor activity and to ensure labor protection and hygiene. The division of competence between control and supervision bodies allows for professional supervision and control of even the most technologically complex issues, such as the use of nuclear energy, radiation safety, and work with potentially hazardous materials. In addition, the presence of a hierarchical structure allows you to control and manage the activities of control and supervision bodies, to determine a common goal for them, to introduce new concepts of communication. At the same time, the interaction between the bodies of control and supervision over the observance of labor legislation needs to be improved. Coordinating councils need to be established to communicate with all control and oversight bodies, as each of them reports to different ministries or to the Cabinet in general, which complicates the process of merging and optimizing control and oversight.
22
Reminska, Julia. "THE DOCTRINE OF «INHERENT POWERS»: CONSTITUTIONAL AND LEGAL CHALLENGES VS. AN INTEGRAL LEGAL TRADITION? (ON THE EXAMPLE OF THE US LEGAL SYSTEM)". Slovo of the National School of Judges of Ukraine, n.º 4(37) (7 de julio de 2022): 45–55. http://dx.doi.org/10.37566/2707-6849-2021-4(37)-4.
Resumen
The principle of separation of powers has always remained and still remains the most important legal mechanism of an effective system of checks and balances between different branches of government. Its main functional purpose is to ensure the independence and autonomy of all branches of state power. In particular, constitutional legislator exclude the possibility of concentration of powers by enshrining a set of constitutional and legal guarantees in governing institutions' legal status. However, in practice, situations often arise when the implementation of certain powers serves as the reason for the serious constitutional and legal conflicts in terms of the implementation by a state body of tasks that are extrinsic for its constitutional nature. Therefore, it is scientifically and practically significant to investigate the experience of the United States in the sphere of control over the constitutionality of normative acts, adopted as a result of the exercise of the so-called inherent powers. The author focused on the analysis of the legal positions of American courts on the implementation of inherent powers, both by Congress as the US legislative body and by the judicial authorities. The main results of the suggested study include the following. The doctrine of the inherent powers of the US Congress is based on three restrictive principles: 1) the means chosen by the government (enshrined in the normative legal act) must directly lead to the achievement of the constitutional goal; 2) when determining the means necessary to achieve the constitutional goal, there must be a requirement of good faith in the choice of such means; 3) the means used must be directly correlated with the goal contained in the text of the constitution itself, that is, be proportional. In the context of the implementation of the inherent powers by the judicial authorities, it is summarized that the investigated doctrine reflects the essence of the procedural competency of the court and should be considered as an important component of its independence, as well as the effective administration of justice in general. As a conclusion, the author argues that the issue of whether the implementation of certain inherent powers is «constitutionally verified», constitutional review body should consider three basic requirements, the essence of which lies in the certain scope of basic law norms, as the latter stipulates the status and functions of a certain public authority. Key words: constitutional doctrine, inherent powers, the US legal system, constitutionality of acts of public authorities, judicial practice.
23
Ingold, Alice. "Commons and Environmental Regulation in History: The Water Commons Beyond Property and Sovereignty". Theoretical Inquiries in Law 19, n.º 2 (14 de agosto de 2018): 425–56. http://dx.doi.org/10.1515/til-2018-0023.
Resumen
Abstract Do commons outline a different way of considering historical forms of environmental regulation? Might they represent a sort of alternative, apart from the usual model of environmental law which rests on public authorities and forms of restrictions of private rights? In order to grasp the complex relationship between environmental law and history, it is essential to pay attention to the state’s radical transformation in the nineteenth century, especially the separation (and separate definition) of administration and the judiciary. This article aims to historicize the commons, but also the state in order to escape the projected shadow of public administration in considering environmental regulation. It looks into the commons’ ambiguous relations with history. A first point is to critically reconsider the opposition between commons and enclosure, inherited from Hardin’s thesis. A second point consists in deconstructing mythical accounts of stateless commons. This is done by relying on water commons — which are also a key example in Ostrom’s theory. Early histories of water commons by commoners provided the opportunity for a first version of commons’ history without the state. This ‘discovery’ of the water commons presented them as a pertinent response to the aporia of the private property system, but also to the dangers of keeping resources available to the administrative state, which appeared ill-suited to managing scarce natural resources. This positive development translated into a series of fascinating inquiries, undertaken from the 1800s to the 1880s in several places across Europe. They gave rise to the very first ethnogeographic descriptions of the commons’ functioning. It was in the context of very acute conflicts over access to the resource that this use of history became enshrined. The historical longevity of these irrigators’ communities was highlighted in order to defend their historical and customary rights against the administrative state’s will to regulate all water courses, which was more favorable to new users in water sharing. The resource’s ecological limit thus served to set boundaries to the administration’s intervention. Scarcity was a way to conceive of the resource as unavailable both for property and for state sovereignty. Protecting environmental resources through the courts was a way of conceiving a regulation based on the resource’s specific status, rather than on the will of subjects — whether private, collective or public.
24
Trunova, Ekaterina V. "On the Administrative Jurisdiction of Judges Reviewing Administrative Offense Cases". Administrative law and procedure 6 (17 de junio de 2021): 51–53. http://dx.doi.org/10.18572/2071-1166-2021-6-51-53.
Resumen
The article reviews opinions of scientists, judicial authorities containing different attitudes to the legal nature of the judicial review of administrative offense cases. The author concludes that review of administrative offense cases by judges falls within the administrative judicial jurisdiction.
25
Tarasenko, T. M. "Delimitation of the political and criminal responsibility in terms of valuable basics of the public administration". Public administration aspects 6, n.º 6-7 (14 de agosto de 2018): 31–37. http://dx.doi.org/10.15421/151836.
Resumen
The Article discloses the essence of the problem concerning the delimitation of the political and criminal responsibility for the further development of the public administration. It has been revealed that differences in the development processes of relations in the matter of the political responsibility are disclosed in terms of the quality of democracy, as well as redistribution of the responsibility between the central, regional and local levels of the administration. In different countries, it finds various manifestations: failure to comply with standards of democracy and abusing the criminal responsibility; attempts to avoid the criminal prosecution for the abuse of power being limited to the political responsibility; raising the level of the responsibility, in particular, criminal one, at the subnational level of the power organization. In the broad sense, all the manifestations confirm the conclusion on the «responsibility crisis» aggravation in the conditions of the democratic system of values. The growing importance of the political responsibility in the representative democracy and development of the regional and local democracy are substantiated. It is noted that the principles of the political and legal system of the state should create the basis for the separation of the political and criminal responsibility. First of all, this refers to the Constitution, which is a form of the contract between the state and society; such capacity of the Constitution demonstrates the functioning and maturity of democracy, and respect for the law in the state. The issue of punishment for political mistakes or divergences should be regulated, to a large extent, by procedures of the political accountability. The important task in this regard is to ensure the clear regulation of the accountability procedures of power entities for their activities. There is a need in clarification of the criminal legislation categories, such as «abuse of power», «abuse of office», and «abuse of authorities». Filling them with a clearer content can be done on the basis of clarifying certain criteria (for example, intention, negligence, personal benefit, etc.). The emphasis is made to the importance of realizing the fact that the practice of transition to the judicial examination of cases to be heard within the limits of the political responsibility leads, in particular, to decreasing the role of citizens in the expression of no-confidence against authorities when assessing their activities. Moving away from the idea of considering the political responsibility based on the assessment of voters and population leads to its «lock-in» on the responsibility of public power authorities with respect to each other, which threatens to deepen the irresponsibility and to enhance the leveling of people’s sovereignty.It is noted that the crisis of the responsibility has various risks for democracy at different levels of the public administration. For the Ukrainian practice, they are, in particular, linked with the containment of the process of introducing the representative and direct democracy standards. For countries with long-standing traditions of the democracy governance, it finds expression in the certain limitation of the democratic system as for finding adequate responses to meet the current challenges faced by society in the process of implementing the public authority.
26
Knysh, V. V. "Historical Aspects Of Constitutional Responsibility In Ukrainian Lands In 1917-1920". Actual problems of improving of current legislation of Ukraine, n.º 51 (6 de agosto de 2019): 213–21. http://dx.doi.org/10.15330/apiclu.51.213-221.
Resumen
The article explores the main aspects of legal consolidation of constitutional legal responsibility on Ukrainian lands in 1917-1920. In this case, the main attention is paid to the legislation of the Ukrainian People’s Republic (UNR) on this issue.
On the author’s conviction, the responsibility of state authorities and local selfgovernment of the UPR was characterized by the following features:
1) the consolidation at the level of the Constitution of the general and specific features of the constitutional and legal responsibility of the parliament of the UPR (NationalAssembly ofthe UPR). In particular, the common features ofthe constitutional legal responsibility of the Parliament of the UPR are their clear correspondence with the main functions: law-making (responsibility for the exercise of the functions of the legislative power) and personnel (constitutional and legal responsibility for the formation of executive and judicial authorities). Specific features of constitutional legal responsibility were expressed in the functions of exclusive constitutional rulemaking (amending the Constitution of the UPR by at least 3/5 of the votes of the present deputies; the authority to approve political and economic treaties concluded in the name of the UPR and to be responsible for their content and execution); economic and fiscal functions (the impossibility of collecting taxes without a decision of the National Assembly; the impossibility of establishing loans and pledging state property without a resolution of the National Assembly) emergency functions (responsibility for the National Assembly to form troops and law enforcement agencies of the state, for declaring war and peace)
1) legal consolidation in relation to the government (Council of People’s Ministers) of sole retrospective (negative) constitutional legal responsibility, which provides for constitutional legal sanctions against the ministers themselves, as well as collective retrospective (negative) constitutional legal responsibility, which provides for constitutional legal sanctions against the entire government;
2) Determination of constitutional legal responsibility (both positive and negative) for the administration of justice in the state by the General Court of the UPR;
3) approval of the constitutional and legal responsibility of local authorities for the control function of the ministers of the UPR in relation to the elected Councils and Administrations of communities, volosts and lands, as well as through the jurisdictional function of the justice authorities;
4) Conditionality of the constitutional and legal responsibility of the autonomous rights of national Unions with the exclusive competence of the National Unions and bodies representing them with functions of a fiscal and economic nature.
So, the basic principles of competence and constitutional legal responsibility of the organs of state power and local self-government of the UPR according to the Constitution of the UPR were closely related to the principle of separation of powers and other leading principles, corresponding models of a democratic, social and legal state.
It should also be noted that the normative consolidation of the foundations of constitutional legal responsibility (as well as other institutions of constitutional law of Ukraine) at the present stage of development of Ukrainian constitutionalism should be based not only on the current needs of state and law-making, but also certain positive historical and legal traditions, earlier existed on Ukrainian lands.
27
Stakhov, A. I. "ABOUT CATEGORIZING ADMINISTRATIVE CASES IN THE RUSSIAN FEDERATION". Ex jure, n.º 3 (2020): 33–49. http://dx.doi.org/10.17072/2619-0648-2020-3-33-49.
Resumen
Abstract: based on the analysis of legal norms that separate legal cases of the indicating (displaying) category, the article substantiates the separation of administrative proceedings, along with criminal and civil proceedings, as well as constitutional proceedings. In accordance with articles 10, 18, 72, 118 of the Constitution of the Russian Federation, the separation of judicial and Executive (non-judicial) administrative procedure for resolving legal cases within the administrative process is justified. This approach identifies administrative (non-judicial) cases and judicial administrative cases, and categorizes these legal cases, revealing the structure of the modern Executive and judicial administrative process. The conclusion is made about the currently formed systems of administrative (nonjudicial) cases and judicial administrative cases, which can serve as a scientifically based reference point for further systematization and optimization of the modern administrative process in the Russian Federation.
28
Stakhov, A. I., N. V. Landerson y D. G. Domrachev. "Public administration in Russia as a subject of administrative procedure". Law Enforcement Review 5, n.º 4 (5 de enero de 2022): 55–77. http://dx.doi.org/10.52468/2542-1514.2021.5(4).55-77.
Resumen
The subject. Doctrinal approaches that reveal the place and role of public authorities, as well as organizations performing the functions of these authorities in the administrative process carried out in the Russian Federation, the principles and norms of the Constitution of the Russian Federation, administrative procedural legislation that form the legal basis of the administrative process in Russia.The purpose of the article is scientific substantiation of the integration of non-judicial bodies carrying out the administrative procedure into a special subsystem of public power, called public administration in the Russian Federation.The methodology. Formal logical and dialectical methods as well as private scientific methods such as method of interpretation of legal norms, method of comparative jurisprudence were used.The main results, scope of application. The article reveals the scientifically based content of the integrative approach to understanding the administrative process in contemporary Russia, taking into account the norms of the Russian Constitution and the analysis of existing doctrinal developments of administrative scientists. The article substantiates the structure of the administrative procedural legislation of the Russian Federation ant it’s constituent entities, which includes the judicial administrative process and the executive (non-judicial) administrative process implemented by the public administration (executive authorities, local self-government bodies, other administrative and public bodies). Administrativeindicating legal norms are distinguished, the analysis of which allows us to reveal the content, form, structure of the judicial administrative process and the executive (extra-judicial) administrative process, as well as to establish an integrative relationship between them with the help of such special categories as “judicial administrative case”, “extra-judicial administrative case”, “administrative proceedings”, “administrative proceedings”. A number of key proposals are put forward to systematize the judicial administrative process and the executive (extrajudicial) administrative process in Russia on the basis of developed scientific positions. The article reveals the question of a scientifically based theory for understanding the administrative and public functions of public administration, as well as the system and structure of public administration in modern Russia.Conclusions. The presented integrative approach to understanding the administrative process and its differentiated systematization for the judicial administrative process and the executive (non-judicial) administrative process are the only true way to develop the Russian model of administrative process. The question of the need to systematize the administrative and public functions implemented by the public administration is raised. It is proposed to develop and adopt a federal law “On Public Administration in the Russian Federation”, the authors substantiate the content of the structure of this law.
29
Perlingeiro, Ricardo. "The Right to Information from the Procedural Standpoint (Judicial and Non-Judicial)". A&C - Revista de Direito Administrativo & Constitucional 15, n.º 61 (12 de julio de 2015): 43. http://dx.doi.org/10.21056/aec.v15i61.21.
Resumen
The author takes a general descriptive approach to the system of jurisdictional review of decisions concerning access to official information in Latin America, with the aim of enabling a future comparative administrative law study on information access in the People’s Republic of China. The first two topics are related to an overview of the right to information access in Latin America and the corresponding laws, with imprecise rules that lead to behavior by the administrative authorities that is subject to review of dubious effectiveness, so that the authorities are verging on a state of immunity incompatible with the Rule of Law. The third part is about the developments in Latin America up to the present day, jurisdictional review (judicial and non-judicial) of administrative decisions not only in terms of their formal legality but, above all, their substantive legality, i.e., a review of the content of the administrative decisions, including the discretionary administrative powers and margin of administrative appreciation. The fourth topic, the due process clause, influenced by the USA, is discussed in the context of Latin American information access law, in comparison with the Continental European tradition of administrative law. The fifth and final point concerns the models of jurisdictional review of decisions on information access within the sphere of the OAS (Organization of American States) and Latin American countries. Among other conclusions, the author states that the search for an effective information access system that does not necessarily depend on opting for a model already established in Brazil, Latin America, the USA or Europe; what is of fundamental importance is to provide the interested parties with access to a fair trial guaranteeing their right to information access except in cases in which secrecy is necessary and justified according to the international human rights criteria.
30
Faiez, Najibullah. "Judicial Oversight on Administrative Decisions in Afghanistan". Administrative and Environmental Law Review 3, n.º 2 (14 de diciembre de 2022): 135–50. http://dx.doi.org/10.25041/aelr.v3i2.2775.
Resumen
Public authorities have taken administrative decisions. Here in Afghanistan, administrative laws are unwritten and lack proper mechanisms for judicial oversight due to the instability of four decades of war. This article, titled “Judicial Oversight on Administrative Decisions in Afghanistan”, tries to study administrative decisions in Afghanistan and seeks to provide a special mechanism for judicial oversight of administrative decisions. The article has answered the question: what are administrative decisions and its judicial oversight? It is a qualitative research conducted through the desk review method and has used an interview with academics specialists in Administrative law. This article also studied other countries' solutions for their judicial oversight. The result of the research is judicial oversight on administrative decisions in Afghanistan does not have an appropriate mechanism and Afghanistan cannot create an administrative court like France's model. Afghanistan needs to reform judicial power to solve the administrative dispute excellently. Enacting Administrative Procedural law for administrative divan is an urgent task for Afghanistan. This law must abridge the investigation procedure, lower court expenses and increase the court accessibility to citizens to amplify the rule of law.
31
Brito Bastos, Filipe. "An Administrative Crack in the EU’s Rule of Law: Composite Decision-making and Nonjusticiable National Law". European Constitutional Law Review 16, n.º 1 (marzo de 2020): 63–90. http://dx.doi.org/10.1017/s1574019620000073.
Resumen
Composite administrative procedures – Exclusive jurisdiction of Union courts to review non-binding national preparatory acts – No jurisdiction of Union courts to enforce national law – Autonomy and uniformity of EU law – No judicial control possible of violation of domestic law by national authorities – National rule of law gap – Judicial review, effective judicial protection, and principle of administrative legality
32
Eder, P. T. "Legal regulation of the activity of military justice bodies in Ukraine during the time of the Central Rada". Uzhhorod National University Herald. Series: Law 1, n.º 80 (22 de enero de 2024): 30–37. http://dx.doi.org/10.24144/2307-3322.2023.80.1.4.
Resumen
The article analyzes the formation of legal regulation of the organization and activities of military justice bodies in Ukraine under the Central Rada. It is shown that due to political circumstances, in particular, the fact that most of the Ukrainian lands were part of the Russian Empire, the organization of military justice was based on the Russian legislation of the second half of the 19th century – the beginning of the 20th century. The Ukrainian revolution, which began in 1917, proposed a solution to the issue of the creation of military justice bodies. One of the acute problems was the lack of qualified Ukrainian lawyers. The most widespread at that time were crimes against the state and public order, which posed a danger to the current authorities and revolutionary changes in general. Therefore, on November 13, 1917, the General Secretariat created the Commission for the Protection of Order in Ukraine (the Commission for the Protection of the Territory). It included representatives of individual secretaries, including military, land, food, judicial, and national affairs. In accordance with the initiatives for the development of the Ukrainian judiciary, on December 2, 1917, the General Court of the Ukrainian People’s Republic was created, which performed the functions of the main military court - until the creation of a specialized military court.
It was revealed that during the formation of military justice under the Central Rada, considerable attention was paid to military prosecutors. The position of prosecutors was quite important during the implementation of military justice. Military prosecutors and their assistants did not conduct preliminary investigations, but supervised compliance with the law. However, they had the right to be present during investigative actions. Persons who held the positions of prosecutors and fellow prosecutors of district courts remained out of state. Upon receiving the materials of the preliminary investigation, the military prosecutor was obliged to decide whether the case is subject to military judicial authority, whether the investigation has been carried out in full, whether the case should be transferred to court, or whether it can be resolved in a disciplinary manner. In the case of incompleteness of the conducted investigation, the prosecutor had the right to refer the case to further investigation. The prosecutor had no right to change the order of jurisdiction. If the commander agreed with the prosecutor’s conclusion that the case was not subject to consideration by a military court, he prepared the corresponding order.
It is emphasized that the establishment of legal regulation of the organization and activities of military justice bodies at the initial stage of the Ukrainian revolution was a complex process that took place in the context of important political events. One of the important tasks of military justice was to ensure discipline in the army and fight against abuse of power by military officials. The Central Rada’s steps at the initial stage of the Ukrainian revolution were aimed at the Ukrainization and democratization of the court in Ukraine, the development of a number of draft laws that were supposed to outline the judicial system on the basis of autonomy. However, even the Ukrainian People’s Republic, proclaimed in November 1917, recognized Russian legislation as valid, except for cases when this legislation contradicted the law adopted by the Central Rada.
It has been established that in the initial period of the Ukrainian revolution, a number of laws and other normative legal acts were adopted that determined the activities of the army and only indirectly – military justice. In the Ukrainian military judiciary at the beginning of the revolution, the principles of independence of judges from the administration were established, which was ensured by the procedure of their appointment; the complex procedure for bringing them to disciplinary responsibility; refusal of the inquisitorial type of criminal process; separation of the court from the prosecution (entrusted to the prosecutor’s office); dividing the criminal process into two parts - the investigation and the court itself; providing the accused with the right to defense; publicity, oral and continuous nature of the trial, etc.
33
Perlingeiro, Gabriel. "The possibilities of consensual resolution of judicial conflicts with the Public Administration". A&C - Revista de Direito Administrativo & Constitucional 18, n.º 72 (1 de abril de 2018): 31–50. http://dx.doi.org/10.21056/aec.v18i72.852.
Resumen
This text endeavors to define the theoretical limits of the capacities of the public administrative authorities to reach consensual solutions to disputes within the framework of judicial review. It is motivated by the lack of a clear understanding in Brazilian law of the border area between the legal relations of public and private law involving the public authorities, and the expressions “inalienable right” (or “inalienable interest”) and “public interest” as shown by the inexplicable asymmetry between what the public administrative authorities can do within a judicial proceeding and outside one. Based on a comparative study of common law versus civil law legal systems and an examination of the treatment of the subject in Brazilian statutes, case law and legal studies, this article reviews the relationship between the public interest and inalienability, demonstrating, in conclusion, that the possibility of the administrative authorities to enter into settlements or follow similar practices should not be rejected a priori, even in cases of public law. According to the author, there are three possible scenarios in which public administrative authorities may resort to consensual dispute resolution in the context of the judicial review: in private-law relationships, in public-law relationships with respect to the exercise of administrative actions prescribed by law and public-law relationships with respect to the exercise of discretionary powers.
34
Stakhov, A. I. "The Integrative Theory of the Administrative Process is the Only True Basis for Building a Model of the Administrative Process". Siberian Law Review 18, n.º 3 (21 de octubre de 2021): 313–27. http://dx.doi.org/10.19073/2658-7602-2021-18-3-313-327.
Resumen
The article highlights and criticizes two mutually exclusive approaches to understanding the administrative process that currently exist in Russia, which emasculate its complex content, predetermined by the Constitution of the Russian Federation. From the system analysis of art. 10, 18, 72, 118, 126, 132 of the Constitution of the Russian Federation the administrative procedure legislation of the Russian Federation is distinguished, which is considered as a single legal basis for the administrative proceedings carried out by the courts (including: the Supreme Court of the Russian Federation, courts of general jurisdiction, arbitration courts), and the administrative process carried out by the public administration (including: federal executive authorities, executive authorities of the subjects of the Russian Federation and local self-government bodies performing administrative and public functions, as well as organizations, which, by virtue of federal law, have the status of a state or other body for the purpose of performing certain administrative and public functions). With this approach, two components are distinguished in the structure of the administrative procedural legislation of the Russian Federation: 1) administrative-procedural legislation that forms the legal basis of judicial administrative proceedings; 2) administrative-procedural legislation that forms the legal basis of executive (non-judicial) judicial administrative proceedings. Developing the information-psychological approach developed in the theory of law, in relation to the scientific knowledge of the administrative process, administrative-indicating legal norms are distinguished, the analysis of which allows us to reveal the content, form and structure of the judicial administrative process, as well as the executive (non-judicial) administrative process and to establish an integrative relationship between them. Using such a scientific technique, the following is distinguished: 1) a group of administrative-indexing norms that establish discretionary (descriptive) information about judicial administrative cases; 2) a group of administrative-indexing norms that establish discretionary (descriptive) information about non-judicial administrative cases. By means of a differentiated analysis of the selected legal norms, it is argued: judicial and extrajudicial administrative cases are separated, differentiated concepts of administrative proceedings and administrative proceedings are introduced, the structure of judicial and executive (extra-judicial) administrative proceedings is revealed. Based on the developed scientific positions, the key proposals for the systematization of the judicial administrative process and the executive (non-judicial) administrative process in Russia are put forward. Summarizing the above, it is concluded that the presented integrative approach to understanding the administrative process and the proposals put forward on its basis for differentiated systematization of judicial and executive (extrajudicial) administrative process are the only true way to develop the Russian model of administrative process.
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Stakhov, Aleksandr I. "Judicial Protection of Individuals in an Administrative Procedure by Means of Administrative Proceedings". Administrative law and procedure 6 (17 de junio de 2021): 34–41. http://dx.doi.org/10.18572/2071-1166-2021-6-34-41.
Resumen
The article highlights and studies judicial protection of individuals and organizations (individuals) in the administrative process as a special way of implementing justice on the appeals of citizens and their associations for the protection of their rights, freedoms, and legitimate interests in the course of Executive (non-judicial) and judicial administrative processes from the perspective of an integrative understanding of the administrative process. Taking into account the direct effect of the norms of the Constitution of the Russian Federation, the legal basis for judicial protection of individuals in administrative proceedings consists of two components: 1) the constitutional basis for; 2) legal grounds. Conducted a comprehensive analysis of the legal norms that constitute the constitutional basis and a legislative basis for judicial protection of individuals in administrative process, in which: justified the constitutional right of individuals to protection in the administrative process through the administrative procedure; is General conclusion that the subject of this judicial protection are contested in courts decisions and actions (inaction) of administrativepublic bodies and officials; the author substantiates the allocation of administrative court cases on the protection of individuals in administrative proceedings, which are divided into separate categories depending on the nature of the legal consequences of disputed decisions, actions (inaction) of administrative and public authorities and officials, as well as the nature of the dispute being resolved. In accordance with art. 72 of the Constitution of the Russian Federation allocated administrative law and administrative procedural decisions and actions challenged in court, in administrative proceedings, is the typology that best reveals the current level of processualists administrative activities public administration, other administrative public authorities and administrative public officials operating in the Russian Federation, allows you to identify priority areas of optimization of administrative proceedings in cases of settlement of administrative law disputes.
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Szyszka, Anna. "The Model of Adjudication by Administrative Courts in Poland". Theory and Practice of Forensic Science and Criminalistics 29, n.º 4 (18 de abril de 2023): 134–48. http://dx.doi.org/10.32353/khrife.4.2022.07.
Resumen
This research concerns the model of judicial proceedings by Polish administrative courts. Article purpose is to analyze the administrative court in Poland, to compare it with the Ukrainian one, to investigate the effectiveness and possibilities of intervention of the administrative court in the sphere of powers of other authorities. Administrative justice in Poland consists of voivodship administrative courts, which hear cases in the first instance, and the Supreme Administrative Court as a court of second instance. The author assumed that the introduction of a mixed model of judicial practice of administrative courts effectively fulfills the main goal of administrative proceedings, which is to protect individual rights from the arbitrariness of public administration bodies. The intrusion of the administrative court into the sphere of powers of the authorities is justified by the effectiveness and efficiency of the judiciary. This allows the complainant to get a decision on the merits much faster. The mixed model of judicial practice of Polish administrative courts allows more effective implementation of the protection of individual rights. The analysis of the issue was carried out using theoretical-legal and historical-legal methods.
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Eliantonio, Mariolina y Nikos Vogiatzis. "Judicial and Extra-Judicial Challenges in the EU Multi- and Cross-Level Administrative Framework". German Law Journal 22, n.º 3 (mayo de 2021): 315–24. http://dx.doi.org/10.1017/glj.2021.18.
Resumen
AbstractThis Special Issue aims at interrogating the judicial and extra-judicial challenges that arise from the EU complex administrative framework, which can be characterized as both multi-level—arising from the vertical cooperation between EU and national authorities—and cross-level—arising from horizontal cooperation between national authorities themselves. It starts from the premise that there may be decisions affecting natural and legal persons which cannot be easily reviewed judicially, whereas in extra-judicial cooperation, the lack of common standards or practices across Member States may undermine the effectiveness of EU policies and objectives. This Special Issue focuses on various mechanisms of horizontal and vertical cooperation, such as regulatory patterns giving rise to transnational administrative acts and mutual recognition systems, case studies of composite procedures in the field of the genetically modified organisms regime and information sharing in asylum policy, as well as multi-level inspection activities for the enforcement of EU law. It further complements the analysis on the judicial challenges arising from those cooperative structures with an examination of extra-judicial avenues of control in the EU administrative framework, namely the “EU queries” process and the cooperation of ombud offices, as well as the audit of the EU budget. This Special Issue reflects on ways to overcome the current challenges of, and seeks to prompt further research on, the multi-layered EU system of administrative cooperation.
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Niezgoda, Andrzej. "Sądowa kontrola decyzji organów podatkowych w sprawach ulg w spłacie zobowiązań podatkowych opartych na uznaniu administracyjnym". Studia Iuridica Lublinensia 30, n.º 4 (13 de octubre de 2021): 441. http://dx.doi.org/10.17951/sil.2021.30.4.441-457.
Resumen
<p>The article is of a scientific-research nature. The author discusses the problem of limits of judicial review of discretionary decisions made by taxation authorities, which aim at applying relief in payments of tax liabilities under Polish regulations and case-law of administrative courts. It may be noted that despite the issue of administrative discretion being discussed in the academic literature, the question of limits of judicial review in the practice of administrative courts still raises doubts. It is therefore reasonable to undertake the analysis of the main views formulated in the literature and the case-law of administrative courts addressing this problem, from the point of view of the limits of judicial review of discretionary decisions. The thesis of the article is that the nature of discretionary decisions on relief in payment of tax liabilities, determined by the function of administrative discretion, and, at the same time, the criteria set out in the law for judicial review of public administration, limit the role of the administrative court in examining the compliance with procedural law of the tax proceedings preceding the issuance of such a decision and the respecting by tax authorities of the fundamental values of the system of law expressed in the Polish Constitution. This is because they define the limits of administrative discretion, within which the choice of one of the possible solutions remains beyond the judicial review of the public administration. For the law, as it stands (<em>de lege lata</em>) there are no grounds for administrative courts, provided that the tax authorities respect the basic values of the legal system expressed in the Polish Constitution, to formulate assessments as to the circumstances and reasons justifying the granting or refusal to grant a tax relief, or its scope. The concept of internal and external limits of administrative discretion may therefore be useful for administrative court rulings.</p>
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Lavrijssen, Saskia y Maartje De Visser. "Independent administrative authorities and the standard of judicial review". Utrecht Law Review 2, n.º 1 (2 de junio de 2006): 111. http://dx.doi.org/10.18352/ulr.19.
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Stakhov, Aleksandr I. "Autonomization of the Administrative Procedure in the Russian Federation as the Key to Understanding of Its Borders and Structure". Administrative law and procedure 11 (29 de octubre de 2020): 8–15. http://dx.doi.org/10.18572/2071-1166-2020-11-8-15.
Resumen
In the article in strict accordance with the principles and norms of the Constitution of the Russian Federation through a special terminology series: 1) shows the specifics of the regulatory impact of administrative legislation and administrative procedure legislation in the Russian Federation; 2) separate independent administrative-legal (non-procedural) and administrativeprocedural forms of activity of Executive authorities and local self-government bodies for the implementation of administrativepublic functions (in this regard, called public administration). Developing an integrative understanding of the administrative process, the concept of administrative cases is revealed, arrays of administrative (non-judicial) cases and judicial administrative cases are identified, and administrative (non-judicial) cases are categorized. Such a special category as “Autonomous administrative process” is introduced into scientific circulation, which covers scientifically based methods of objective isolation of independent (Autonomous) forms of administrative and procedural activity of public administration and courts.
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Stakhov, А. I. "About Some Measures for Autonomization and Optimization of Administrative and Tort Proceedings in the Russian Federation". Rossijskoe pravosudie 3 (26 de febrero de 2021): 13–23. http://dx.doi.org/10.37399/issn2072-909x.2021.3.13-23.
Resumen
The article reveals the problems that unite the judicial reform with the reform of the Institute of administrative responsibility and control and Supervisory activities, which are currently being carried out in the Russian Federation in parallel. In this regard, the research focuses on the key connecting element of these reforms, namely: administrative torts detected in the course of control and Supervisory activities. Presents the scientific analysis allows to understand the administrative-procedural content of control and supervision, to justify the separation of this state activities for centralized and decentralized types, to allocate the administrative and disposable administratrative punishable offences entailing the use of complex special administrative coercive measures extrajudicial and judicial administrative and procedural matters to make the conclusion about the necessity of separating judicial and administrative tort cases arising from the Supervisory relationship, among the total number of administrative cases assigned to the jurisdiction of the courts. In strict accordance with the principles and norms of the Constitution of the Russian Federation, autonomy is justified (separation in judicial administrative proceedings) administrative and tort proceedings. The ranking of administrative and tort proceedings on the main and derivative types is carried out, the consolidation is justified) punitive and restorative administrative and tort proceedings. Conducted a comprehensive review of administrative tort proceedings, enshrined in the APC, СAP and Administrative Code. The results of the analysis put forward evidence-based conceptual proposals on optimization of administrative-tort litigation, which can be implemented in the course of the country's judicial reform in conjunction with reform of legislation on administrative offences and regulatory activities.
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Hakami, Mohammed Hadi H. "Administrative Penalties for Building Violations in The Saudi System". International Journal of Religion 5, n.º 7 (7 de mayo de 2024): 178–83. http://dx.doi.org/10.61707/qcj1er93.
Resumen
General administrative penalties are a category of sanctions that have recently emerged to address certain offenses that do not merit criminal penalties due to their lesser severity and gravity in the view of society. Instead, these offenses are adequately addressed with a general administrative penalty imposed by administrative authorities without recourse to judicial proceedings. Within the context of construction-related infractions, Saudi law has established fines and demolitions as administrative penalties that are imposed by authorities responsible for overseeing and monitoring construction activities.
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Perlingeiro, Ricardo. "Administrative Functions of Implementation, Control of Administrative Decisions, and Protection of Rights". British Journal of American Legal Studies 10, n.º 1 (1 de abril de 2021): 1–25. http://dx.doi.org/10.2478/bjals-2020-0015.
Resumen
Abstract This essay includes a comparative analysis of the traditions of administrative law in Latin American and their impact on the contemporary scene and trends in the general orientations of its administrative justice systems. This analysis is limited to Latin American countries of Iberian origin under the jurisdiction of the Inter-American Court of Human Rights (“I/A Court H.R”). The method followed by the author is to point out the roles attributable to the administrative authorities and to attempt to identify a distinction in Latin America between the “administrative function of implementation”, “control of the legality of administrative decisions” (unrelated to any adjudicative function) and the “protection of rights” (by means of an adjudicative function) while examining their historical genesis and possible future trends. From that perspective, the text discusses certain administrative powers, such as disciplinary or other regulatory powers, and their forms of concrete application; the prerogatives and instruments of the authorities and of their decision-making employees in the exercise of the functions of implementation; the control of administrative decisions by those authorities themselves and by external bodies; and judicial and extrajudicial protection of rights against administrative decisions. The author concludes that Latin American administrative law, despite the fact that its civil-law substantive roots have always coexisted with judicial review typical of common law, is currently tending, on the one hand, to approximate the U.S. model of administrative adjudication and, on the other, to adapt to I/A Court H.R case law with respect to the administrative function of implementation in harmony with the fundamental right to good administration which, combined with a critical re-examination of diffuse control of the legality of administrative rules in court, would safeguard the true role of adjudicating bodies (administrative authorities or courts) in their function of protecting individual rights for the sake of more fair and equitable administrative justice.
44
Tour, Т. О. "Application of measures to ensure the claim in administrative proceedings". Uzhhorod National University Herald. Series: Law 66 (29 de noviembre de 2021): 168–72. http://dx.doi.org/10.24144/2307-3322.2021.66.28.
Resumen
The article, based on the methodology of system analysis, considers the application of measures to ensure the claim in the administrative proceedings of Ukraine. Judicial protection includes various components, including procedures for reviewing decisions and actions or inaction of public authorities. The institute of securing a claim on an administrative claim, which was formed in administrative proceedings, is the result of a discussion on the formation of a European system of administrative justice in Ukraine. It is established that the mechanism of securing a lawsuit in an administrative lawsuit has a pronounced positive effect on achieving the key goal and objectives of administrative proceedings. This applies to ensuring legality and discipline in the system of public administration, elimination of violations by officials of public authorities. The applied mechanism promotes full realization of the right of subjects directly involved in public legal relations to judicial protection from illegal actions and decisions accepted by the public power and its officials, on realization of full and effective protection of the rights, freedoms and lawful interests of physical and legal persons. The institute of securing the claim can be considered as a logical conclusion of the procedure of establishing the public-law specialization of the procedural provision of the rights, freedoms and legitimate interests of the plaintiff. It is determined that the allocation of security of the claim as a special institution in the system of administrative proceedings is explained by the following factors: security measures, typical for the exercise of judicial power; the specifics of the legal environment, where the prerequisites for the existence of institutions of administrative law, for the emergence of public disputes, the further development of which occurs in the implementation of administrative powers of public authorities in relation to all other persons involved in administrative relations.
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Šelih, Alenka. "Minor offences as a constitutional category". Glasnik Advokatske komore Vojvodine 78, n.º 9 (2006): 139–49. http://dx.doi.org/10.5937/gakv0604139s.
Resumen
Slovenian Constitution, like many constitutions of other countries does not define minor offence as a punishable act or breach of constitutional provisions. Administrative system and system of administrative justice can never guarantee such impartiality as judicial system. Repressive role of the administrative authorities is differently regulated in the contemporary European legislation. From the constitutional point of view, the main issue related to the minor offences is whether it is legally justifiable that administrative authorities have repressive function. The new Slovenian legal system insists on broad competences of the specialized administrative bodies provided that protection before the court is guaranteed.
46
Perlingeiro, Ricardo. "Administrative Functions of Implementation and Adjudication Guided by Primacy of Fundamental Rights". British Journal of American Legal Studies 6, n.º 2 (29 de diciembre de 2017): 263–77. http://dx.doi.org/10.1515/bjals-2017-0013.
Resumen
Abstract This article points out the bottlenecks in the systems of administrative adjudication in Latin America and suggests that the ineffectiveness should not be blamed entirely on the judicial system and judicial procedures. Rather, the Latin-American system of administrative justice should come to terms with its judicial system of general jurisdiction, gradually reducing the jurisdiction of courts over administrative disputes in favor of an administrative reform to ensure administrative functions of implementation and adjudication respecting the primacy of fundamental rights. The author concludes that it is necessary to think about a reform that leads public administrative authorities to act as an instrument for expressing the public interest rather than as end in itself or as an entity to protect self-serving, momentary political and financial interests that are not clearly bound by a duty to protect fundamental rights.
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Gavrilenko, V. A. y V. M. Shenshin. "Actual problems and directions of improving the administrative process in the activities of the Ministry of Emergency Situations of Russia". Juridical Journal of Samara University 8, n.º 4 (24 de enero de 2023): 26–33. http://dx.doi.org/10.18287/2542-047x-2022-8-4-26-33.
Resumen
The presented study examines the current problems and directions of improving the administrative process in the activities of the Ministry of Emergency Situations of Russia. The purpose of the study is to consider the problems and directions of improving the administrative process in the activities of the Ministry of Emergency Situations of Russia. The analysis of law enforcement and judicial practice on disputes arising in connection with the application of a measure to ensure the proceedings in the case of an administrative offense committed in the form of a drive to the judicial authority of the accused person; the implementation of actions to draw up a protocol on an identified administrative offense in violation of the term, which is indicated by the provisions of Article 28.5 of the Administrative Code of the Russian Federation; the compilation by an official of the supervisory authority of the act of verification of a legal entity on the same day with the protocol on the commission of an administrative offense, revealed that currently there is a specific judicial practice in these categories of cases, allowing judicial authorities to apply a uniform approach to their resolution, despite the differentiation of views and legal understanding demonstrated by the parties of law relations. Some issues arising from these types of disputes have not yet been reflected in the legislation, which creates the need to prove in court the legality of actions carried out by officials of the Ministry of Emergency Situations of Russia, which generally contributes to an increase in the number of court disputes, and also increases the burden on judicial authorities.
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Schepalov, S. V. "Administrative Expultion of an Illegal Migrant and Judicial Discretion". Courier of Kutafin Moscow State Law University (MSAL)) 1, n.º 11 (20 de enero de 2023): 97–107. http://dx.doi.org/10.17803/2311-5998.2022.99.11.097-107.
Resumen
Using the example of the administrative prosecution of illegal migration, the article examines the inconsistency of the actions of the legislative, executive and judicial authorities. Its consequence is both the avoidance of migrants from administrative responsibility, and the transformation of administrative expulsion into the imprisonment for an uncertain period. Author expresses disagreement with the legislative trend to narrow the limits of judicial discretion and draws attention to the need to consolidate the efforts of all branches of Russian government, taking into account the current international political situation. In this regard, the expediency of adjusting the legislative approach to judicial proceedings in cases of administrative offenses is emphasized. Instead of limiting the discretion of the court, it is necessary to provide the court with a sufficient arsenal of administrative punishment and the authority to impose additional legal duties, in order to optimally individualize punishment.
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Arroyo Jiménez, Luis. "Effective Judicial Protection and Mutual Recognition in the European Administrative Space". German Law Journal 22, n.º 3 (mayo de 2021): 344–70. http://dx.doi.org/10.1017/glj.2021.12.
Resumen
AbstractThe right to effective judicial protection is driving to a significant evolution of EU administrative law, especially in view of the multijurisdictional nature of the European administrative structure. This Article focuses on gaps in judicial protection arising from mutual recognition in transnational interactions between the administrative authorities of the EU’s Member States. It first sets the ground by examining the ingredients of the equation: The fundamental right to effective judicial protection, the concept and forms of mutual recognition, and the notion of European administrative space. Next, this Article assesses the judicial protection that private parties can obtain from national courts in these transnational scenarios. Procedure, substance, and deference are separately explored here, in order to draw out blind spots and deficiencies, as well as to suggest possible solutions to address at least some of them. This Article ends with a brief summary of the main findings.
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Марку, Жерар y Zherar Marku. "A SKETCH OF THE MAIN MODELS OF ADMINISTRATIVE JUSTICE". Journal of Foreign Legislation and Comparative Law 1, n.º 5 (2 de diciembre de 2015): 0. http://dx.doi.org/10.12737/16130.
Resumen
Administrative justice exists in most countries as a function in the State organization. But its scope and its forms differ widely among countries, in particular as regards the place of judicial review and the powers of judges. We can sort out three main models of administrative justice, based on judicial review institutions, from historical experience and main national systems. In Europe, the European Court of Human Rights had a significant influence on the evolution of administrative justice towards more judicial oversight upon administrative bodies. The expansion of these models gave rise to a number of variants based on national and political context. The first model is the council of State, joining judicial review and advisory functions for the government. Initially an ancillary body it turned to be an independant supreme administrative court, with broad competence, including contracts and torts, while exercising further advisory functions. Another model is based on a unique administrative supreme court, with exclusive judicial review functions of a narrower scope, although some exceptions can be found where judicial review was transferred from a former council of State. A last model, probably most widespread nowadays, can be characterised as judicial review by the general supreme court. Institutionally there no dualism. The judiciary is also vested with judicial review of administrative authorities. Typical of common law countries, this organization can be found also in countries of administrative law. In reality, there is dualism as regards procedures, substantial law and the powers of judges in administrative matters. In numerous cases administrative courts are organised inside of ordinary courts. Whatever the form of administrative justice it is essential to secure the independence of judges, to give them the capacity of substantial review of administrative acts, to facilitate the access to administrative judges and to guarantee the execution of courts decisions.