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Articoli di riviste sul tema "Section of Administrative Law and Regulatory Practice"
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Serkov, P. P., e Yu P. Solovey. "Administrative Discretion: Questions and Answers (Part 1)". Siberian Law Review 19, n. 4 (8 gennaio 2023): 374–83. http://dx.doi.org/10.19073/2658-7602-2022-19-4-374-383.
Testo completoAbstract (sommario):
This material opens a series of scientific publications planned by the editors of the Siberian Law Review journal, the Authors of which analyze the problem of administrative discretion (discretion), which is very relevant for Russian administrative legal theory and law practice, in the “question-answer” format. The scientific, theoretical and practical significance of the noted problem is predetermined by the fact that the exercise of discretionary powers by the public administration (as opposed to powers strictly bound by law) is fraught with the greatest threat to the rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of organizations. The purpose of the study is to clarify issues related to the concept and essence of administrative discretion, its regulatory legal framework, forms of implementation, ways to establish the limits of discretion of public administration, criteria for assessing the legality of discretionary administrative acts, judicial and agency control over administrative discretion. The subject of the research is normative legal acts, legal principles, administrative and judicial acts, scientific works of Russian and foreign legal scholars. The hypothesis of the study is that, despite the abundance of scientific publications on administrative-discretionary topics, the domestic doctrine of administrative discretion is a motley mixture of judgments that do not agree with each other, often divorced from the needs of administrative and judicial practice, characterized by the absence of a single categorical apparatus. According to Yuri P. Solovey, an important, if not the most important section of administrative discretionary issues, are the limits of judicial control over administrative discretion, which has practically fallen out of the field of view of Russian scholars, despite the fact that it has been thoroughly studied abroad for more than a century and a half. From the point of view of Petr P. Serkov, the domestic science of administrative law has not yet properly answered three fundamental questions, namely: what is administrative discretion, what is it intended for and how is it carried out. The Authors of the publication are unanimous that such a “doctrine” of administrative discretion does not contribute to the development of legislative solutions to bring such discretion to the standards of a legal, democratic state. In the process of research, dialectical, formal-logical, formal-legal, comparative-legal methods of cognition, the method of interpreting law, analysis of materials from administrative and judicial practice are used. The Authors attempt to streamline the categorical apparatus of the theory of administrative discretion, as well as to formulate its main provisions and some proposals for improving the current legislation.
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BASUKI, Agung, Lego KARJOKO e I. Gusti Ayu Ketut Rahmi HANDAYANI. "Exploring Ecological Justice in the Regulatory Framework of Land Ownership, Utilization, Control, and Inventory in Indonesia". Journal of Environmental Management and Tourism 14, n. 7 (8 dicembre 2023): 2944. http://dx.doi.org/10.14505/jemt.v14.7(71).11.
Testo completoAbstract (sommario):
The aim of this study is to provide a comprehensive analysis of environmental justice elements in land inventory, tenure, ownership, use and use (IP4T) management, as described in TAP MPR IX/2001 and Government Regulation No. 16. 2004 on land administration. This study uses a standard legal research method integrating both a legal and conceptual approach. The author's study indicates that environmental justice is included in the IP4T law, as stated in TAP MPR IX/2001, as well as in Government Law No. 16 on Spatial Planning. According to Article 23 of Government Regulation No. 16/2004, IP4T maps must be taken into account for all spatial and regional planning. These maps contain more than just information on land ownership, use, and use. In addition, the IP4T dataset includes assessments of land capacity and valuation, so environmental dimensions associated with land are examined. The definition of environmental justice can be derived from Section 3, Section 5 and Section 6, Paragraph (2) of TAP MPR IX/2001. However, in practice, many inconsistencies remain and undermine basic principles of environmental justice. These irregularities are particularly widespread in the context of the implementation of IP4T (Integration Policy for Transition) within the mining industry.
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Bogatyreva, L. B., B. A. Taitorina e A. M. Satbayeva. "Problems of conceptualization of administrative and legal regulation in the healthcare sector of the Republic of Kazakhstan". Bulletin of the Karaganda University. “Law Series” 109, n. 1 (30 marzo 2023): 17–25. http://dx.doi.org/10.31489/2023l1/17-25.
Testo completoAbstract (sommario):
The study analyzed social relations in the field of medical activity, problems of their legal regulation during various periods of formation of these relations. The subject of the study is the source and regulatory frame- work of health care of the Republic of Kazakhstan. The study of the problem was carried out on the basis of an analysis of the historical retrospective of the development of medical law in Kazakhstan from 1913 to the present day, there was given a description and assessment of the main trends in the development of medical law, determined prospects for the development of this branch of law. Based on the study of the phenomenon of health care, the generalization of the theory and practice of international legal and state-legal impact on public relations in the field of health care, an attempt was made to identify and conceptually substantiate the legal foundations for the organization and implementation of legal regulation of the health care system in the Republic of Kazakhstan. The article formulates provisions that develop modern ideas about the essence of le- gal regulation of the health care system. Special attention is paid to the study of the general and political and legal aspects of the formation and development of the health care system, its place and role in the life of soci- ety and functional manifestations in the real state-legal reality of the Republic of Kazakhstan. Modern ideas about the problems of public health management are based on the need to solve the problem of improving the state's capacity in the field of public health
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Szymanski, Ann-Marie. "Regulatory Transformations in a Changing City: The Anti-Smoke Movement in Baltimore, 1895–1931". Journal of the Gilded Age and Progressive Era 13, n. 3 (luglio 2014): 336–76. http://dx.doi.org/10.1017/s153778141400022x.
Testo completoAbstract (sommario):
This study of the Baltimore anti-smoke movement illustrates how Americans altered their approach to environmental regulation during the Progressive Era. After citizen groups came to recognize the limits of common-law regulation, they became enamored with administrative regulation and the promise of rationalized, professional agencies. While Baltimore did mirror the national regulatory trends, the city's unique circumstances limited its capacity to reduce the sooty, black smoke that provoked episodes of public activism. Fearful about the city's economic future, regulators exempted manufacturing from the city's early anti-smoke measures. Furthermore, although railroads were major polluters, they balked at electrifying the bulk of their tracks. Finally, the anti-smoke movement was narrowly based in the northeastern, more affluent parts of the city and failed to expand its support to working-class whites and African Americans. Hence, while the ideas about what constituted appropriate regulation “modernized” in Baltimore, the city did not alter its regulatory practices until the 1930s, long after other cities had done so:In the heart of a beautiful residence section of our city, there rises a towering factory structure in the most gruesome ugliness, belching volumes upon volumes of black and angry smoke, flooding our very houses with showers of soot…. It is the sworn duty of our legislators to protect the citizens in all their rights, and it is to be hoped that the crying need of protection from this unbearable smoke nuisance will now be recognized.—PH. H., February 28, 19012
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Shtatina, Marina Anatolievna, Ivan Valerievich Shmelev e Alessandro Cenerelli. "Implementation of the “regulatory guillotine” and development of the administrative law". SHS Web of Conferences 118 (2021): 03014. http://dx.doi.org/10.1051/shsconf/202111803014.
Testo completoAbstract (sommario):
The purpose of this study is to analyse the functioning of the “regulatory guillotine” in the context of the development of administrative law. The authors used qualitative methods to identify the features of the “regulatory guillotine” and determine its place among the institutions of administrative law. Quantitative methods were applied to define the scope and consequences of administrative reforms. The use of the legal comparative method made it possible to describe the peculiarities of the “regulatory guillotine” in Russia. The research results were conclusions from the analysis of legislation and the practice of implementing administrative and legal reforms that show the technological nature of the “regulatory guillotine”. In terms of organisation and implementation, the authors attributed the “regulatory guillotine” to administrative reforms, but in terms of content, the “regulatory guillotine” goes beyond even legal reform, as it involves assessing regulatory instruments from the point of view of not only legality but also economic efficiency and social feasibility. The novelty of this research should be considered the conclusion that the “regulatory guillotine” technologies can contribute to the improvement of administrative and legal regulation in Russia, provided they are thoroughly and purposefully applied in conjunction with the updated institutions of administrative procedures, administrative responsibility, licensing, expert and evaluation activities.
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Feldman, David. "ERROR OF LAW AND FLAWED ADMINISTRATIVE ACTS". Cambridge Law Journal 73, n. 2 (luglio 2014): 275–314. http://dx.doi.org/10.1017/s0008197314000403.
Testo completoAbstract (sommario):
AbstractSection I shows that the idea, founded on the “principle of legality”, that all legal flaws make a decision void as a matter of law is erroneous. Infringing a legal requirement may not affect validity, or may make a decision only voidable. Section II shows the significance of distinctions between various stages of decision-making processes, and between different types of issues for judges, and argues that case law shows that seven guiding principles operate alongside the “principle of legality”. Section III concludes that these common-law principles reflect professional practice and provide a realistic basis for predictable, normatively legitimate administrative law.
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Schirinsky, Oleg. "EVOLUTION OF ADMINISTRATIVE LAW AND ADMINISTRATIVE AND LEGAL DOCTRINE IN THE REPUBLIC OF BELARUS SINCE INDEPENDENCE". Administrative law and process, n. 2(25) (2019): 118–32. http://dx.doi.org/10.17721/2227-796x.2019.2.08.
Testo completoAbstract (sommario):
In Belarus, the national doctrine of administrative law has been oriented to a large extent towards the Soviet and modern Russian legal traditions, albeit with some distinct contextual features. In this work, we review the positions of some of the most authoritative scholars, and make a number of summative judgements and conclusions. The primary aim of administrative law is to provide and create a regulatory framework for the exercise by the government authorities of their mandate and powers. The objective of administrative law is to govern and regulate the interactions between the executive power and other legal subjects in the performance of its functions. In the Belarusian doctrine, the predominant position of most scholars is that the scope of administrative law should include the administrative legal relations arising in the course of the exercise by the public administration bodies of their administrative functions, including of regulatory mandates towards external bodies, and in relation to the enjoyment by the citizens of their rights and liberties. In Belarus, the system of administrative law is customarily understood as an ordered framework composed of institutions, norms and domains, which may be divided into four sections. The first section encompasses the institutions that determine the legal status in the area of public administration of the citizen, of state bodies, of non-governmental organizations and of civil servants, it also incorporate the institutions that exercise control over the subjects of administrative law. The second section encompasses the regulations that govern liability under administrative law. The third section incorporates the norms of administrative procedure. The fourth section includes provisions that constitute the administrative legal framework for the management of the economy, socio-cultural and other spheres. Each section is comprised of the relevant legal institutions and sectors. The greatest challenge for administrative law of in Belarus seems to be the definition of the administrative procedure, which has not changed since the Soviet period. The alternative propositions presented in this work are of a purely theoretical character and should eventually be superseded by a legal definition, which views it as a distinct type of legal procedure governed by the norms of administrative procedure law grounded mainly in the Code of Execution Procedure for administrative torts. The legal term “administrative procedure” in Republic of Belarus is still identical to the concepts “administrative tort procedure” or “procedure for the hearing of administrative tort cases”. The main method of this study is that of integrated comparative analysis, with elements of the historical and formal-logical method. As a part of a comprehensive study in administrative law in the former Soviet Union, this work is intended to make a contribution to academic debate, by deepening and broadening its scope.
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Reiling, Katharina. "Proof in Administrative Law: the German Perspective". Review of European Administrative Law 17, n. 1 (27 maggio 2024): 81–110. http://dx.doi.org/10.7590/187479824x17117014447526.
Testo completoAbstract (sommario):
German administrative law is characterized by the idea that the authorities and, in the case of a lawsuit, the administrative judges have sovereignty over the investigation of the facts ‐ the so-called principle of ex officio inquiry (Section 1). In the relationship between the official and judicial investigation of the facts, it is striking that the judicial duty to investigate is not limited by the official duty to clarify the facts. This shift in the direction of a judicial right of final decision, also with regard to the factual basis of administrative decisions, derived from the German Constitution (Article 19(4) Grundgesetz) can probably only be explained by the historical background of National Socialist despotism. The article reveals that the instruments of evidence collection (Section 2), the consideration of evidence (Section 3), the evidential standard (Section 4) and the burden of proof (Section 5) are based on the principle of ex officio inquiry. This principle is based on the assumption that only a perceivable set of facts can be established. Therefore, practice and sectoral administrative laws show that in areas where obtaining knowledge is particularly difficult, the principle of ex officio investigation and the law of evidence based on it must be modified and, in particular, strong participation of the parties in obtaining the facts must be made possible. At the same time, the German law of evidence is based on theories and instruments of civil procedural law, which is characterized by the principle of production of evidence. Against this background, the article aims to illustrate that, contrary to the first impression, German administrative law does not implement the principle of official investigation in its pure form, but it is understood in a refined open and area-specific manner.
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Svetlana V., Solovjova. "Some Law Enforcement Aspects of the Appointment and Execution of Administrative Arrest". Rossijskoe pravosudie, n. 4 (14 marzo 2023): 52–59. http://dx.doi.org/10.37399/issn2072-909x.2023.4.52-59.
Testo completoAbstract (sommario):
The main purpose of this study is an empirical analysis of legislation and judicial practice of the appointment and execution of administrative arrest in cases of administrative offenses. Some law enforcement aspects of administrative arrest as a type of administrative punishment are considered by interdisciplinary analysis in relation to liability measures provided for in other branches of law. Based on a comprehensive comparative legal analysis, it has been established that the significant features of the grounds for the application of administrative arrest are developed by judicial practice, or are fixed in departmental regulatory legal acts, and not federal legislation. Based on statistical analysis, it was found that in relation to other types of administrative penalties, administrative arrest is the most severe, but is not common.
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Madaliev, Rustam. "DEVELOPMENT OF THE ADMINISTRATIVE LAW IN THE KYRGYZ REPUBLIC". Administrative law and process, n. 1 (28) (2020): 92–104. http://dx.doi.org/10.17721/2227-796x.2020.1.07.
Testo completoAbstract (sommario):
The article provides an overview and stages of the development of law and legislation on administrative procedures and administrative justice in the Kyrgyz Republic. The article discusses the adoption, implementation, content and the application of the new Law on Administrative Procedure and the Administrative Procedure Code of the Kyrgyz Republic. At the beginning, the socio-political background and the rationale for the ongoing judicial reforms and the efforts of the state to strengthen the rule of law in the Kyrgyz Republic are described. A significant part of article considers steps for developing a law on administrative procedures of the Kyrgyz Republic and the problems associated with its development. Then, the content and issues of implementation and the problems of the practical application of the new law on administrative procedures of the Kyrgyz Republic are disclosed. A separate part is devoted to the development, content, implementation and practice of the application of the new Administrative Procedure Code of the Kyrgyz Republic. The article also outlines the problems and shortcomings in the practice of applying legal norms on administrative procedures and administrative justice in the Kyrgyz Republic. In general, the article summarizes that a new system of administrative law has been formed in Kyrgyzstan to replace “Soviet” administrative law, but there are still problems in understanding and applying the new administrative legislation: not all the regulatory framework and practice of administrative agencies are brought into line with the new legislation; there are facts of not understanding, ignoring and not applying the new legislation by public authorities; not all curricula of higher legal education are brought in line with a new understanding of administrative law. It is necessary to continue the implementation measures to put into practice the new administrative legislation through organizational measures to educate and train law applicators, as well as the development of judicial practice in administrative cases.
Libri sul tema "Section of Administrative Law and Regulatory Practice"
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Kauert, Michael. Das Leistungsschutzrecht des Verlegers: Eine Untersuchung des Rechtsschutzes der Verleger unter besonderer Berücksichtigung von [section symbol] 63a UrhG. Berlin: Walter de Gruyter, 2008.
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International, Financial Executives. FEI survey on Sarbanes-Oxley section 404 implementation: May 2007. Florham Park, NJ: Financial Executives International, 2007.
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United States. General Accounting Office., a cura di. Regulatory reform: Agencies' Section 610 review notices often did not meet statutory requirements : statement of L. Nye Stevens, Director, Federal Management and Workforce Issues, General Government Division, before the Committee on Small Business, House of Representatives. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20013): The Office, 1998.
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1947-, O'Reilly James T., a cura di. Careers in administrative law & regulatory practice. Chicago, Ill: American Bar Association, 2010.
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Salembier, J. Paul. Regulatory law and practice in Canada. Markham, Ont: LexisNexis Butterworths, 2004.
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American Bar Association. Section of Administrative Law and Regulatory Practice, a cura di. Developments in administrative law and regulatory practice, 2001-2002. Chicago, Ill: Section of Administrative Law and Regulatory Practice, American Bar Association, 2003.
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American Bar Association. Section of Administrative Law and Regulatory Practice, a cura di. Developments in administrative law and regulatory practice, 2003-2004. Chicago, Ill: Section of Administrative Law and Regulatory Practice, American Bar Association, 2004.
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American Bar Association. Section of Administrative Law and Regulatory Practice, a cura di. Developments in administrative law and regulatory practice, 1999-2000. Chicago, Ill: Section of Administrative Law and Regulatory Practice, American Bar Association, 2001.
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Asimow, Michael. California administrative law. St. Paul, Minn: West Group, 2002.
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Asimow, Michael. California administrative law. St. Paul, Minn: West Group, 2002.
Cerca il testo completoCapitoli di libri sul tema "Section of Administrative Law and Regulatory Practice"
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Čada, Karel, e Karina Hoření. "Governing Through Rituals: Regulatory Ritualism in Czech Migration and Integration Policy". In IMISCOE Research Series, 115–34. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-67284-3_6.
Testo completoAbstract (sommario):
AbstractThe Czech Republic has become the target of immigration over only the last three decades; currently, migrants compose 4.5% of the population. Governments in the previous decade have supported the vision of short-term labour migration, and foreigners face many administrative obstacles given the difficult legislation. We employ the concept of regulatory ritualism to grasp the distinctive features of the Czech system. Following Power (The audit society. Oxford University Press, Oxford, 1997) and Braithwaite (Regulatory capitalism: how it works, ideas for making it work better. Edward Elgar, Cheltenham/Northampton, 2008), we see regulation as a ritualised practice that comforts the public and cements the dominant normative order of migration policy. In this chapter, we introduce the historical and political context of migration policy, its institutional design, the Act on Residence of Foreign Nationals in the Czech Republic, the position of foreigners in Czech labour law, Czech integration policy and the consequences of recent institutional design for migrants. The main barriers of integration are difficult administration, poor knowledge of the language and precarious working conditions. Regulatory ritualism, a result of chaotic and unsystematic legislative work, is characterized by losing focus on achieving the goals or outcomes themselves, it establishes a climate of mutual distrust among those actors involved and places obstacles to collaboration between public authorities and migrants themselves.
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Верба, Ольга Богданівна, e Андрій Віталійович Гайченко. "1.3. Гарантії захисту прав осіб у виконавчому провадженні". In Серія «Процесуальні науки», 80. Київ, Україна: Видавництво "Алерта", 2023. http://dx.doi.org/10.59835/978-617-566-758-3-1-3.
Testo completoAbstract (sommario):
The part of a monograph is devoted to the principles of enforcement proceedings analysis, established under the Law of Ukraine «On Execution Procedure» and «On Bodies and Persons Engagedin the Execution of Judgments and The Other Jurisdictional Bodies Decisions». An excursion of the researches in the field of general theory of law positions concerning the notion, value, classificationof the principles of law has been carried out and these developments has been extrapolated on the system of enforcement proceedings principles and the organization and practice of executors principles.From the analysis of articles texts, which lists enforcement proceedings principles and the organization and practice of the State executive service and private executors principles, it follows that the legislaturemainly duplicates general (constitutional), interbranch principles of law, failing to formulate principles inherent exactly the institution of jurisdictional bodies decisions enforcement. It has been concludedthat there is no necessity in such duplication, because these principles have already been objectified in other legal acts in the form of separate articles (directly) or follow from logical, lexical analysis and so from their contents (indirectly). Based on the main purpose for legislative confirmation of law principles list, which is to facilitate filling the gaps in the legal regulation by applying the analogy of law, the authorsconsider that the legislative confirmation of only the principles of integrated interdisciplinary institute of enforcement proceedings would be more effective.The legal nature and subject, respectively, of judicial and departmental control over the actions of private executors are studied.Methods (forms) of judicial control over the actions of executors in the course of decisions of courts and other jurisdictional bodies enforcement contained in the procedural legislation are identified: Section VII of the Civil Procedural Code of Ukraine, Section VI of the Commercial Procedural Code of Ukraine, Art. 287 and Section IV of the Code of Administrative Procedure of Ukraine.It is concluded that procedural actions (decisions, actions or omissions) of a private executor, committed during the enforcement of the decision as the final stage of the legal process in accordance with theLaw of Ukraine «On Enforcement Proceedings», are subject to judicial control, with only the court checking the legality of procedural actions of private executors only if the parties (participants) of enforcement proceedings receive complaints, ie, court control is neither periodic or current, nor planned or unscheduled, etc., in contrast to departmental control; the court checks the legality of the executor’s actions, not their expediency; court control is exercised within the procedural form.The court establishes the facts of violations (or their absence) in the procedural actions of private executors; the court restores the violated rights of the complainant by revoking (changing) the procedural decision of the private executor or his obligation to take appropriate procedural actions.It is stated that the institute of a separate decision can be applied by the court in relation to illegal actions of executors. Unlike the judiciary, the Ministry of Justice monitors the activities of a private executor byconducting scheduled and unscheduled inspections.The grounds, procedures and consequences of bringing private and public executors to justice have been studied, which have many differences, as the legal nature of the status of public and privateexecutors differs significantly. Such legislation is discriminatory against private executors compared to public executors.Based on the statutory principle of dispositive enforcement proceedings, the Ministry of Justice has no right to inspect procedural decisions, actions or inaction of a private executor on its own initiativewithout a complaint (administrative claim) of the participant in enforcement proceedings (and only after a court decision on this issue).Instead, written appeals of participants in enforcement proceedings regarding the actions of a private executor as a basis for unscheduled inspections of private executors, should be considered in the mannerprescribed by Art. 3 of the Law of Ukraine «On Citizens’ Appeals».The actions of a private executor as a subject of a written appeal of participants to the Ministry of Justice may not be related to the procedural activities of a private executor during the enforcement proceedings and must have signs of disciplinary misconduct.It is concluded that the subject of departmental control of the Ministry of Justice of Ukraine is the sphere of organization of private executors – powers under the Law of Ukraine «On bodies and personsenforcing court decisions and decisions of other bodies», and not their procedural actions during enforcement proceedings.
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Сенюта, Ірина Ярославівна. "Глава 12. Розгляд медичних справ у порядку цивільного судочинства: наукові підвалини та практичні інструменти". In Серія «Процесуальні науки», 396–402. Київ, Україна: Видавництво "Алерта", 2023. http://dx.doi.org/10.59835/978-617-566-770-5-3-12.
Testo completoAbstract (sommario):
In civil proceedings medical cases are considered, that is cases in the field of medical care, the peculiarities of proceedings in this category of cases are determined and general disputes arising from civil cases in practice are determined. Regulatory gaps have been clarified, proposals for improving the legislation of Ukraine have been developed and also practical algorithms that can be useful for ensuring human rights in the field of health care are highlighted.After conducting a study of the outlined issues, a number of conclu sions have been formed that may be useful for law enforcement and law application, when considering medical cases in civil proceedings and also for law making in the process of preparing a new edition of the Civil Procedure Code of Ukraine. The study has established that most of the problems that arise in practice are caused not so much by legislative shortcomings as by spectral legal understanding, and therefore, different approaches in the exercise of rights and application of the provisions of the legislation of Ukraine.The study has formed the following regulatory proposals to the Civil Procedure Code of Ukraine: 1) to amend Article 228 (1) of the Code of Civil Procedure of Ukraine to read as follows: «The court, having heard the opening remarks of the participants in the case, if necessary, their additional explanations, finds out the circumstances to which the participants in the case refer, as the basis of its claims and objections, and examines, in the manner prescribed in the preparatory meeting in the case, the evidence by which they are substantiated»; 2) change the name of the legal structure from “opinion of an expert in the field of law”, which is enshrined in paragraph 7 of chapter 5 of section 1 of the Code of Civil Procedure of Ukraine to advisory opinion of a specialist.The following practical advices on law implementation and enforcement in medical cases has been prepared:1) when conducting an examination in criminal proceedings, the expert’s conclusion will be evidence in civil proceedings in a medical case because it contains information about the subject of evidence in a medical case;2) the statement of the Article 82 (6) of the Code of Civil Procedure of Ukraine is uncontested and imperative, therefore, in all cases, the decision to close the proceedings and exemption of a person from criminal liability is the basis for exemption from proof in the question of whether these actions took place (inaction) and whether they are committed by that person;3) the Civil Code of Ukraine guarantees the right to compensation for damage caused by unlawful behavior in relation to both a family member and a close relative;4) family members and close relatives are entitled to compensation for non-pecuniary damage if the death of a relative is not in direct causal connection with the actions of medical workers, but the actions of doctors were illegal, during the life of the patient, illegal behavior was committed against him;5) father and mother will be entitled to compensation for non-pecuniary damage in case of intranatal and antenatal death of the fetus, when establishing the composition of the civil offense;6) in the absence of an autopsy or forensic autopsy, the case has a civil law perspective, therefore, family members or close relatives have the right to file a claim for compensation for moral damage if there is evidence of illegality of the actions of doctors.
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Heinzerling, Lisa, e Mark V. Tushnet. "Linking Common Law and Statutes: The Case of Workers’ Compensation". In The Regulatory And Administrative State, 275–315. Oxford University PressNew York, NY, 2006. http://dx.doi.org/10.1093/oso/9780195189315.003.0006.
Testo completoAbstract (sommario):
Abstract So far we have examined the regulation of risk by the common law— and therefore by courts. Chapter 5 introduced the alternative of statutory regulation by identifying differences in the institutional capacities of courts and legislatures, as well as administrative agencies. That discussion also introduced some of the political dimensions of shifting from judicial to legislative and administrative regulation of risk, a topic we’ll take up in more detail in part IV. In this chapter, we’ll change our focus from the common law to legislative and administrative regulation and use the development of workers’ compensation statutes as a case study of administrative efforts to regulate risk. Section A describes how and why statutory and administrative regulation of workplace injury came to supplement common law regulation and examines some of the legal barriers that development initially faced. Sections B and C deal with problems associated with the provision of compensation for workplace risk. Section B introduces the general problem of “moral hazard,” that is, behavioral adaptation in response to the possibility that compensation will be awarded if risks are realized, and section C uses the integration of workers’ compensation systems with existing common law rules to illustrate some of the complexities associated with regulatory systems containing many “moving parts.” The next group of materials examines the first great administrative response to the problem of workplace safety and health. Here we aim to (1) develop a deeper understanding of how legal regulation may change “in response to” social and legal developments and (2) examine in more detail the justifications, if any, for “compulsory terms,” that is, regulation of the employer-employee relationship according to terms other than those chosen by the parties through individual or collective negotiations.
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Malcolm, Rosalind, e John Pointing. "The Regulatory Framework". In Statutory nuisance: Law and practice, 9–18. Oxford University PressOxford, 2002. http://dx.doi.org/10.1093/oso/9780199242467.003.0002.
Testo completoAbstract (sommario):
Abstract The enforcement of statutory nuisance legislation is done primarily by local authorities using powers defined in section 80 of the Environmental Protection Act CEPA 1990’). English 1ocaJ authorities enforcing the Act comprise district councils outside of Greater London and London borough councils in Greater London. Unitary authorities in non-metropolitan counties are responsible for enforcement.
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Arshed, Tanwir, e Soma Dey Sarkar. "Competition Law and Community-Based Sustainable Development". In Advances in Public Policy and Administration, 176–94. IGI Global, 2024. http://dx.doi.org/10.4018/979-8-3693-0390-0.ch009.
Testo completoAbstract (sommario):
In 2015, member states of the United Nations Organizations (UNO) pledged to achieve the goal of peace and prosperity for people and the planet, which became famous as the ‘2030 Agenda for Sustainable Development- a blueprint of 17 Sustainable Development Goals (SDGs),' to achieve an inclusive and sustainable vision for the world. Governmental as well as nongovernmental organizations across the globe have embraced it as the new paradigm of development and have since been striving hard to achieve these goals for “The Future We Want.” This chapter talks about the application of competition laws in one such sector in the sub-Himalayan region of India and tries to project that how its applicability has helped in creating an alternative, sustainable and eco-friendly model of regulatory practices in the region- community based homestays.
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Parpworth, Neil. "19. Police powers". In Constitutional and Administrative Law, 488–527. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192856579.003.0019.
Testo completoAbstract (sommario):
The Police and Criminal Evidence Act 1984 (PACE) confers many powers upon the police. This chapter discusses the Codes of Practice of PACE, police powers of stop and search, the power to arrest members of the public, and the powers to enter property. Whether or not a particular power is exercised will be a matter for the discretion of an individual officer. The exercise of this discretion and the extent to which this is subject to review by the courts will be examined. Finally, the chapter looks at two offences under section 89 of PACE which may be committed against the police: assaulting an officer and wilful obstruction of an officer.
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Medvidchuk, Hanna. "Participation of self-regulatory organizations in administrative and legal relations". In CONCEPTUAL BASIS OF DEVELOPMENT OF DOMESTIC ADMINISTRATIVE LAW AND PROCESS: TRENDS, PERSPECTIVES, PRACTICE, 714–48. Izdevnieciba “Baltija Publishing”, 2022. http://dx.doi.org/10.30525/978-9934-26-233-3-24.
Testo completo
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Tariq, Muhammad Usman. "Enhancing Cybersecurity Protocols in Modern Healthcare Systems". In Advances in Healthcare Information Systems and Administration, 223–41. IGI Global, 2024. http://dx.doi.org/10.4018/979-8-3693-3661-8.ch011.
Testo completoAbstract (sommario):
This chapter explores the crucial responsibility of strengthening cybersecurity measures within the ever-changing context of contemporary healthcare systems. As digitalization gets ingrained in healthcare practices, sensitive medical data becomes increasingly vulnerable to cyber-attacks. The second portion explores the significant effects of cybersecurity breaches on the healthcare industry, focusing on patient safety issues, potential compromises of private health information, and the resulting harm to healthcare organizations' finances and reputations. The third segment examines compliance with laws like HIPAA and GDPR as it navigates the ethical and regulatory issues inherent in healthcare cybersecurity. It explores the moral conundrums raised by cybersecurity precautions, achieving a careful balance between patient confidentiality and data accessibility. The last section provides a forward-looking viewpoint by projecting upcoming difficulties and technological developments in healthcare cybersecurity.
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Richman, Daniel. "Disaggregating the Criminal Regulatory State". In The New Criminal Justice Thinking. NYU Press, 2017. http://dx.doi.org/10.18574/nyu/9781479831548.003.0003.
Testo completoAbstract (sommario):
In this chapter, Daniel Richman responds to Rachel Barkow’s essay. He agrees that the penal state can be explained in part by administrative principles, but argues that local variations in law enforcement resources and normative community commitments are powerful drivers that help account for the wide divergences in actual criminal practice. “Why are some counties quicker to fill up prison beds than others? What trade-offs are being made between social welfare expenditures and policing expenditures, between policing expenditures and prosecution decisions? And why?” By reminding us of “the messy decentralized politics that are a hallmark of American criminal justice,” Richman links Barkow’s administrative model to the variegated reality of criminal practice on the ground.
Atti di convegni sul tema "Section of Administrative Law and Regulatory Practice"
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Held, Mateja. "DIGITALIZATION OF PROCEDURES IN SPATIAL PLANNING AND CONSTRUCTION LAW IN CROATIA". In International Scientific Conference “Digitalization and Green Transformation of the EU“. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/27450.
Testo completoAbstract (sommario):
Spatial planning and construction are interdisciplinary areas in which various factors interweave, such as sociological, cultural, economic, environmental, etc. In the process of spatial planning, green and digital transformation has an indispensable role. Spatial plans’ developers should take into account protection of the environment, which is emphasized in the soft law mechanisms of the European Union (such as the European Green Deal) and the national spatial planning legislation. The aim of the paper is to present the EU legislation on the digitalization of spatial planning which reflects principles of the good administration as laid out in the Charter of the European Union on Fundamental Rights (effective, efficient and transparent public administration) and to research whether Croatia has suitable legislative framework for the digitalization in the area of spatial planning and construction. An additional goal is to research whether the legislative framework is functional and whether obstacles occur in practice. The paper is therefore divided in five chapters. After the introduction, the paper presents EU legislation, namely the so-called INSPIRE directive which serves as a basic tool for the harmonization of EU Member State’s policies regarding environmental questions and as a basis for the national spatial data infrastructures. The next chapter analyzes Croatian response to the INSPIRE directive after the accession of Croatia into the EU in 2013, till the recently adopted Digital Strategy of Croatia in 2023. After the insight into the context of the digitalization of Croatian public administration sector, research is focused on the Regulatory Framework of the Physical Planning Information System and on the reflection of the digitalization in procedures of the protection of the objective legality and subjective rights of the citizens. In those procedures, citizens are considered as collaborators who participate in the process of the spatial plan development. In the final part of the paper, recommendations are given for a better functioning of the digitalized procedures in the area of spatial planning and construction law in Croatia.
Rapporti di organizzazioni sul tema "Section of Administrative Law and Regulatory Practice"
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Lewis, Dustin, Radhika Kapoor e Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, dicembre 2021. http://dx.doi.org/10.54813/uzav2714.
Testo completoAbstract (sommario):
The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.