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1
Serkov, P. P., e Yu P. Solovey. "Administrative Discretion: Questions and Answers (Part 1)". Siberian Law Review 19, n.º 4 (8 de janeiro de 2023): 374–83. http://dx.doi.org/10.19073/2658-7602-2022-19-4-374-383.
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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.º 7 (8 de dezembro de 2023): 2944. http://dx.doi.org/10.14505/jemt.v14.7(71).11.
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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.
3
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.º 1 (30 de março de 2023): 17–25. http://dx.doi.org/10.31489/2023l1/17-25.
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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.º 3 (julho de 2014): 336–76. http://dx.doi.org/10.1017/s153778141400022x.
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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.
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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.º 2 (julho de 2014): 275–314. http://dx.doi.org/10.1017/s0008197314000403.
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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.º 2(25) (2019): 118–32. http://dx.doi.org/10.17721/2227-796x.2019.2.08.
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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.º 1 (27 de maio de 2024): 81–110. http://dx.doi.org/10.7590/187479824x17117014447526.
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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.º 4 (14 de março de 2023): 52–59. http://dx.doi.org/10.37399/issn2072-909x.2023.4.52-59.
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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.º 1 (28) (2020): 92–104. http://dx.doi.org/10.17721/2227-796x.2020.1.07.
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The article provides an overview and stages of the development of law and legislation on administrative procedures and administrative justice in the Kyrgyz Republic. The article discusses the adoption, implementation, content and the application of the new Law on Administrative Procedure and the Administrative Procedure Code of the Kyrgyz Republic. At the beginning, the socio-political background and the rationale for the ongoing judicial reforms and the efforts of the state to strengthen the rule of law in the Kyrgyz Republic are described. A significant part of article considers steps for developing a law on administrative procedures of the Kyrgyz Republic and the problems associated with its development. Then, the content and issues of implementation and the problems of the practical application of the new law on administrative procedures of the Kyrgyz Republic are disclosed. A separate part is devoted to the development, content, implementation and practice of the application of the new Administrative Procedure Code of the Kyrgyz Republic. The article also outlines the problems and shortcomings in the practice of applying legal norms on administrative procedures and administrative justice in the Kyrgyz Republic. In general, the article summarizes that a new system of administrative law has been formed in Kyrgyzstan to replace “Soviet” administrative law, but there are still problems in understanding and applying the new administrative legislation: not all the regulatory framework and practice of administrative agencies are brought into line with the new legislation; there are facts of not understanding, ignoring and not applying the new legislation by public authorities; not all curricula of higher legal education are brought in line with a new understanding of administrative law. It is necessary to continue the implementation measures to put into practice the new administrative legislation through organizational measures to educate and train law applicators, as well as the development of judicial practice in administrative cases.
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Nazaykinskaya, Varvara A. "The concept and features of administrative regulations as a source of Russian law". RUDN Journal of Law 27, n.º 2 (23 de junho de 2023): 383–96. http://dx.doi.org/10.22363/2313-2337-2023-27-2-383-396.
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This article is a continuation of a previously published article on administrative regulations as a type of public administration acts. The purpose of this article is to identify the features of administrative regulations as a source of Russian law. It investigates existing shortcomings in the development and adoption of administrative regulations and proposes possible ways of their elimination. The study uses both general scientific and special research methods: analysis and synthesis, induction and deduction, comparative and formal legal methods. The conducted research allows to identify the specifics of administrative regulations as sources of Russian law, to outline the place and the role of these regulatory legal acts in the legal system of Russia. The author gives the definition of administrative regulations, reflecting their most important and essential features. The article studies such negative aspects as the practice of approving administrative regulations, which are codified departmental acts, by simple acts - orders. Also, to date, administrative regulations are not subject to regulatory impact assessment, which is also recognized as a negative phenomenon. The results of the study can contribute to improving the processes of developing and adopting administrative regulations and enhancing the level of legal technology of these regulatory legal acts.
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Nasonkin, Vladimir V., e Natalia V. Putilo. "“Regulatory guillotine” in education: Issues of legal regulation and implementation practice". Vestnik of Saint Petersburg University. Law 13, n.º 2 (2022): 309–26. http://dx.doi.org/10.21638/spbu14.2022.202.
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In the Russian Federation, as in all developed countries, reforming the activities of the political machine is a permanent process, where every phase has the emphasis on the most topical issues. If the administrative reform of 2004 solved the problem of structuring the system of executive authorities, then the reform of control supervision activity, which is currently ongoing, aims to revise the system of requirements for the main types of economic activity, reduce administrative barriers and other obstacles faced by individuals, who carried out such activity. Educational activity, as a single process of training and education, is one of the most important types of economic activity, and cannot keep out of the designated reforms. This article analyzes the practice of implementing reforms of control supervision activity, the provisions of the “regulatory guillotine” related to the education system. Attention is focused on such issues as mandatory requirements and mandatory requirements in education, systematization of legislation and the abolition of acts containing outdated norms and excess requirements. The concept of a system of mandatory requirements in educational activities is proposed, based on the basic principles of the reform of control supervision activity and the model of risks inherent in the education system. The conclusions mentioned in the article were prepared on the basis of changes in the legal regulation in the field of education over a period of two years (from 1 January 2020 to 1 January 2022).
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Hetman, Yevhen A., Viacheslav S. Politanskyі e Ihor V. Semenikhin. "Implementation practice of electronic administrative services in Ukraine". Journal of the National Academy of Legal Sciences of Ukraine 28, n.º 2 (25 de junho de 2021): 93–104. http://dx.doi.org/10.37635/jnalsu.28(2).2021.93-104.
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One of the factors for the development of civil society in Ukraine is an effective, well-functioning institution for providing administrative electronic services. Despite the intensity and wide scope of research covering various aspects of providing electronic administrative services to the population, many issues in this area remain quite debatable, as well as understudied, which conditioned the relevance of the study. The study is aimed at studying the organisational and procedural aspects of providing electronic administrative services in Ukraine. Authors of this study clarified the significance of some fundamental concepts of this issue. The author's approach to defining the concept of electronic administrative services was formulated based on a personal interpretation of this concept from the standpoint of general theoretical analysis. Administrative mechanisms for implementing electronic public services were analysed. The study investigated the features of classification of electronic administrative services by types of electronic representation, by field of activity, by form of ownership, by consumers, by place of receipt from the standpoint of the client and from the standpoint of involvement in the electronic service. This study is the first to analyse the regulatory framework of Ukraine on the provision of electronic administrative services in stages and chronologically. Authors studied and compared the features of the procedure for rendering electronic administrative services using the Unified State Portal of Administrative Services, the iGov portal of state electronic services and the Ukrainian online service of public services – Diia. The study covered the procedure for the operation of administrative service centres in Ukraine. It was concluded that the first step of Ukraine towards creating its information society through the introduction of e-governance should be the establishment of a market for administrative and information electronic services
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Zherebtsov, A. N., e N. V. Pavlov. "The issues of the nature and law-enforcement value of administrative practices". Lex Russica, n.º 3 (5 de abril de 2019): 34–44. http://dx.doi.org/10.17803/1729-5920.2019.148.3.034-044.
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The present study elucidates approaches developed in the juridical science and defining legal practice as a socially significant legal activity of the participants. The authors propose their own social-philosophical and legal justification of legal (administrative) practice as a means of transforming reality. To this end, legal practice is acting as a necessary social, organizational and legal means of improving human activity in the implementation of state and municipal administration. The authors propose a social and philosophical understanding of administrative (state-administrative) practice as the result of state-administrative activities arising in the development of administrative relations and entailing the achievement of socially useful goals of state (municipal) administration in the form of an administrative legal act or repeated organizational act of the body and (or) public administration official (usages of administrative practices). In the course of the research the authors give their own understanding of forms of objectification of administrative practice when state and municipal administration is being carried out. Such forms include empirical non-normative legal act and the usage of administrative practice. The result of the study of the nature and forms of objectification of administrative practice involves the definition of its importance for law enforcement practice, which is mandatory practice for the participants of State and municipal administration when they implement internal State and municipal administration. A mandatory nature of empirical administrative legal acts for administered entities within the framework of external state and municipal administration is mediated insofar as they become participants of administrative legal relations within the framework of which the provisions of these acts are implemented. In other cases, these acts are not mandatory for the administered entities. In addition, an administered entity is not deprived of the right to act in compliance with the provisions of the law or a bylaw rather than in compliance with the provisions of a nonnormative administrative legal act that formally is not a normative legal act, but in fact it of regulatory nature. The study defines the meaning of the usages of administrative activities as one of the forms of objectification of administrative practices.
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Pudelka, Jörg. "ADDITIONAL PROVISIONS TO ADMINISTRATIVE ACTS". Administrative law and process, n.º 2(25) (2019): 108–17. http://dx.doi.org/10.17721/2227-796x.2019.2.07.
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Purpose. Preconditions for the enactment of an administrative act and the legal effects following from enactment of such an act are not always absolutely clear. The reason is life’s diversity and the related fact that in life it is impossible to plan everything in advance, therefore, it is also impossible to regulate each detail by law. In this context, there is the need to have certain flexibility in issues connected with the application of legal regulations (as part of the regulatory scope) and their impact (as part of the legal effects of the regulation). Methods. As concerns the regulatory scope, this is implemented by the use of indeterminate legal concepts (assessment). But in turn, the concepts shouldn’t breach the principle of the rule of law, and, at the same time, they must be clearly stated. In practice, this is achieved mainly through specifications by a long-term judicial practice which determines the relevant administrative practice. Results. As concerns legal effects, there are regulations providing for discretion and therefore ensuring the possibility for the administrative authority to select the appropriate addressee and means of action. In this context, the administrative authority may also choose whether or not to publish an administrative act with an additional provision. Such additional provisions include determination of the terms, conditions, instruction, a clause on revocability and clause on imposition or modification of an obligation. If the administrative act is published at the discretion of the executive authority, then the act may be extended by additional provisions at the appropriate discretion of the executive body. If the administrative act is not issued under the discretion of the executive body, additional provisions may be added if it is definitely permitted by law or if the additional provision is required only for ensuring the fulfillment of the legal preconditions for the enactment of an administrative act. Conclusions. The article covers the nature and preconditions for enacting additional provisions in administrative law.
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Kingsbury, Benedict, e Lorenzo Casini. "Global Administrative Law Dimensions of International Organizations Law". International Organizations Law Review 6, n.º 2 (2009): 319–58. http://dx.doi.org/10.1163/157237409x12670188734311.
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AbstractSeveral important legal features of the contemporary practice of international organizations (IOs) are not easily accommodated in standard approaches to international organizations law. This article argues that Global Administrative Law (GAL) approaches may strengthen analysis of operational issues such as emergency actions by IOs and the human rights implications of IO activities, structural issues such as the involvement of IOs in field missions and in public-private partnerships, and normative issues concerning the production and effects of non-treaty regulatory instruments by IOs (guidelines, best practices, national policy assessments, and other documents rather amorphously analyzed under the 'soft law' rubric). In examining these activities as forms of administration (broadly understood), subject to precepts of good administration and legal standards concerning transparency, participation, reason-giving, review, and accountability, a GAL perspective provides a basis both for critique of problematic practices, and for increasing the effectiveness and legitimacy of some beneficial IO activities which are contentious or currently not undertaken. GAL also responds to the proliferation and differentiation of IOs and other entities in global governance through applying legal standards to their interactions, bringing a principled 'inter-public' approach to the legal relations among global public entities. GAL provides a valuable, and thus far overly neglected, addition to the field of international institutional law.
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Popov, K. "Criminalization of drunk driving: problems of legislative practice". National Technical University of Ukraine Journal. Political science. Sociology. Law, n.º 3(51) (7 de dezembro de 2021): 69–75. http://dx.doi.org/10.20535/2308-5053.2021.3(51).246465.
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The article highlights the Ukrainian experience of criminalization of drunk driving as a result of amendments to criminal and administrative legislation in 2018–2021. The importance of systematization and validity in making changes to administrative and criminal law is noted. Attention is drawn to the need for careful observance of the rules of legal technique in legislative activity, given that the use of administrative and criminal law is associated with the most significant restrictions on human rights and freedoms. It is noted that there are violations of the rules of legal technique, allowed in the relevant laws in terms of the provisions on criminalization and decriminalization of drunk driving: violations of the homogeneity of legal regulation (Law № 720-IX regulated an issue that was not the subject of its regulation); internal consistency (Law № 720-IX on amendments “in connection with the adoption of Law № 2617-VIII” amended the Law itself № 2617-VIII); external consistency (provisions of Law № 720-IX contradict the provisions of Article 2 of the Code of Administrative Offenses and Article 3 of the Criminal Code of Ukraine); linguistic (in paragraph 117 of the Law № 720-IX there is a morphological error); procedural (violated the requirements of Articles 90, 92 of the Regulations). Attention is drawn to the content of the conclusions and the legal significance of the explanations of the Parliamentary Committee on Law Enforcement, adopted on the criminalization of drunk driving. It is noted that the relevant committee violated the regulatory procedures and provisions of the legislation on parliamentary committees. The consequences of the relevant technical and legal violations (legislative uncertainty) are highlighted and ways to eliminate these problems are suggested.
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Anisiforova, M. V. "Stimulation in the System of Functions of Administrative Law". Courier of Kutafin Moscow State Law University (MSAL)) 1, n.º 11 (1 de abril de 2024): 156–64. http://dx.doi.org/10.17803/2311-5998.2023.111.11.156-164.
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The article considers one of the fundamental and central problems of the theory and practice of administrative law — this is the problem of the functions it implements. The prospects of the stimulating function of administrative law, whose main purpose is to create a certain model of behavior of participants in administrative legal relations, have been investigated and substantiated. Distinctions are made between it and other functions of administrative law, including regulatory, protective, educational, humanistic, coordinating, law enforcement, and some others. When the greatest similarity between the stimulating function and the educational function of administrative law is found, attention is simultaneously drawn to its significant difference from others. The role and significance of the implementation of the stimulating function in administrative law are explained, taking into account the modern needs of the organization and ensuring public managerial relations included in its subject. A significant addition to the dogmatic part of modern administrative law, its new life cycle and the resulting demand for the development of the institution of administrative and legal incentives are emphasized.
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Letunovskiy, Valentin V., e Aleksey A. Ageev. "Some Issues of the Implementation of “Regulatory Guillotine” Events". Administrative law and procedure 1 (21 de janeiro de 2021): 34–42. http://dx.doi.org/10.18572/2071-1166-2021-1-34-42.
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In the article, the authors bring forward proposals for solution of a number of conceptual issues of the modern administrative law based on an analysis of international law provisions, the applicable laws of the Russian Federation, legal acts that have been in effect earlier and files of the law enforcement practice in their comparison with the legal doctrine. In particular, the authors describe the correlation between control and supervision and possible ways of the establishment of the main legal support areas, the so-called “regulatory guillotine”.
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Izinger, Aleksandr Viktorovich, e Sergei Nikolaevich Groshev. "Separate question on prevention of alcohol abuse within the framework of administrative regulation of the Russian Federation". NB: Административное право и практика администрирования, n.º 4 (abril de 2020): 71–78. http://dx.doi.org/10.7256/2306-9945.2020.4.34193.
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The object of this research is the social relations established in the context of regulatory impact of the government upon the model of alcohol consumption. The author explores the questions of effectiveness and sufficiency of measures taken within the framework of administrative legislation. The subject of this research is the legal norms, scientific sources and law enforcement practice that characterizes the key vectors of government activity on prevention of alcohol abuse. The scientific novelty consists in consideration of state policy in this regard, with the exclusion of repressive intervention into social relations associated with alcohol consumption if they do not cross the boundaries of acceptable behavior manifested in the facts of alcohol abuse. The article is dedicated to the questions of state policy aimed at prevention of alcohol abuse in the Russian Federation. The author reviews the role of government in regulation of social relations in this area, as well as determines the regulatory mechanism, including the norms of administrative legislation. The recent Russia’s experience in the struggle against drunkenness and alcoholism is described. The content of the Code of Administrative Offences of the Russian Federation is analyzed for determining the forms of regulatory influence upon the level and model of alcohol consumption. The author highlights the peculiarity of preventive impact of the norms of administrative legislation for actions related to alcohol abuse; notes separate flaws of administrative regulation in the area of prevention of alcohol abuse. Recommendations are made on the improvement of administrative legislation and law enforcement practice regarding the prevention of alcohol abuse.
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Paskar, Aurika. "REGULATORY FRAMEWORK FOR THE FUNCTIONING OF ADMINISTRATIVE COURTS UNDER MARITAL LAW". Administrative law and process, n.º 1 (40) (2023): 48–61. http://dx.doi.org/10.17721/2227-796x.2023.1.04.
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Purpose. The scientific article is dedicated to the analysis of the peculiarities of the legislative regulation of the activity of administrative courts under martial law. The main goal of the research is to identify legislative changes introduced during the legal regime of martial law in Ukraine in the sphere of functioning of the judiciary and to analyze the content of the relevant regulatory framework to outline the specifics of the legislative regulation of the activity of administrative jurisdiction courts at this time. Accordingly, the article examines the features of legal regulation, analyzes the identified problems and shortcomings, and proposes prospective directions for the development of administrative procedural legislation to ensure the effective protection of the rights, freedoms, and interests of individuals. Methods. The conducted study of the peculiarities of legal regulation of the activity of administrative courts under martial law includes the following logical stages: formulation of the problem and the purpose of the study; literature search and analysis; selection of methods and research approaches; conducting scientific research; formulation of conclusions and recommendations. The chosen research methodology is determined by the purpose and tasks of the scientific article and includes the following methods and research approaches: the dogmatic method, which helped to analyze and systematize legal concepts, terms and principles; the method of system analysis, used to study the content of new legislative provisions, their interrelation and interaction; the analysis of judicial practice facilitated the examination of court practices on this issue and determination of the peculiarities of the court activities in emergencies, etc. The abovementioned, as well as other research methods and scientific approaches, were used separately or in combination, which contributed to obtaining answers to the research problem and achieving the research objective. Results and conclusions. The author concluded that under martial law the procedure of administrative justice is regulated by the current administrative procedural legislation, the updated norms of the Law of Ukraine «On the Judiciary and the Status of Judges», recommendations and explanations of the Supreme Court, the Council of Judges of Ukraine and the State Judicial Administration. Considering the specifics of the situation in a particular region, the courts determine their mode of operation taking into account the need to ensure access to justice and the safety of judges and other participants in the process. The results of the analysis of the peculiarities of the legislative regulation of the activity of courts under martial law, as reflected in the outlined prospective directions of its development, can be used as a basis for further scientific research and in developing specific recommendations for the reform of procedural legislation in general, and administrative procedural legislation in particular.
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Kostrova, Olga V. "Application by Police Officials of Certain Measures to Ensure Proceedings against Minors on Cases of Administrative Offenses: Features and Prospects". Issues of juvenile justice 2 (18 de abril de 2024): 26–29. http://dx.doi.org/10.18572/2072-3695-2024-2-26-29.
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Based on the analysis of current Russian legislation, norms of international law, law enforcement and judicial practice, the author examines the specifics of the application of certain measures of administrative coercion against minors. To solve the identified problems of a legal and organizational nature, proposals for changes to regulatory legal acts are being made.
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Babšek, Matej, Nina Tomaževič e Polonca Kovač. "Administrative Reforms and the Rule of Law". Hrvatska i komparativna javna uprava 20, n.º 4 (30 de dezembro de 2020): 595–622. http://dx.doi.org/10.31297/hkju.20.4.1.
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Designing a public governance model suitable for a particular task often lacks an empirical basis for change and the criteria for evaluation. Hence, the paper analyses the case law following from the decisions of social work centres (SWC) in Slovenia in order to gain insight in the lawfulness of their work as a key component of the rule of law and thus pinpoint the optimal framework for improvements. Using quantitative and qualitative analyses of 213 higher court judgments issued in the course of five years, the paper examines, by means of content analysis, which elements of the rule of law are the most problematic in practice. There is special emphasis on lawfulness and equality in substantive terms and on fair trial in procedural terms. The case law following from the SWC cases in the highest courts in Slovenia is quite consistent, but it does reveal certain gaps. These gaps need to be bridged on both regulatory and implementation levels in terms of clearer and yet not too rigid rules, recognition of participative procedural standards, and more flexible organisation. The case law thus indicates options for legislative changes and administrative reforms of the Slovene welfare system and beyond.
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MANEA, Laura. "The responsibility of teachers for deviations from professional ethics in the regulation of law no. 1/2011. Practical aspects". SERIES VII - SOCIAL SCIENCES AND LAW 13(62), n.º 2 (26 de janeiro de 2021): 43–48. http://dx.doi.org/10.31926/but.ssl.2020.13.62.4.6.
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In the current regulation of the Law of national education no.1/2011 is granted a special section for deviations from the university ethics, a section distinct from the section of disciplinary deviations. The common element that creates also confusion in practice between the two types of responsibilities is the similar terminology used by the legislator"disciplinary sanctions”in both section, although analyzing the administrative research procedures established in the two sections, we find a different legal regime both in terms of the activity of the two commissions of research, as well as of the documents issued following the procedures.
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Breen, Oonagh B. "Guardians of the Charitable Realm: Charitable Trust Supervision Practice and Procedure in the Common Law World". European Review of Private Law 24, Issue 6 (1 de dezembro de 2016): 1141–64. http://dx.doi.org/10.54648/erpl2016067.
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This article examines the control framework for the supervision and oversight of charitable trusts in the common law world. It outlines in Section 1 the fundamental differences between private and public trusts that necessitate a separate enforcement regime for charitable trusts before exploring in Section 2 the historical and political powers and duties of the Attorney General as parens patriae of charities. In light of the limitations of the Attorney General’s effective scrutiny, Section 3 considers the emergence of alternative charity regulators – from tax authorities to independent charity commissions – comparing the relative regulatory achievements of these agencies with that of the Attorney General (AG). Section 4 turns its attention to the role of the courts and tribunals in the enforcement of the interests of donors, beneficiaries and charitable entities. The article concludes in Section 5 with a discussion of the merits and demerits of the charitable trust vis-à-vis the public benefit foundation and explores whether civil law systems intent on adopting the trust need to rethink their enforcement options when it comes to charitable trust enforcement.
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Cherednychenko, Olha O. "Regulatory Agencies and Private Damages in the EU: Bridging the Gap between Theory and Practice". Yearbook of European Law 40 (1 de janeiro de 2021): 146–71. http://dx.doi.org/10.1093/yel/yeab013.
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Abstract Regulatory agencies have traditionally been concerned with deterring unlawful conduct in the public interest. This article explores the emerging role of agencies in securing compensation for individuals in mass damage situations resulting from violations of EU private law. It identifies three main models of the relationship between administrative enforcement and private law remedies, notably damages, within the agencies’ operation: (1) separation, (2) complementarity, and (3) integration. These models reflect elements of the current legislative and agency practices in a variety of jurisdictions across different areas of EU private law and provide an analytical framework for assessing such practices in terms of their potential to reconcile the pursuit of the public interest with a concern to ensure justice between private parties. The analysis points to the need to systematically rethink the prevailing regulatory theory concerning the tasks of regulatory agencies along the lines of a holistic approach to deterrence and compensation.
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Alqudah, Fayyad. "The Legal Protection of Databases: a Study of Jordanian Law". Arab Law Quarterly 22, n.º 4 (2008): 359–86. http://dx.doi.org/10.1163/157302508x374401.
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This article deals with the legal protection of databases under Jordanian law. Section 1, on protection afforded under international conventions and agreements, discusses four international conventions: i.e., the Berne Convention for the Protection of Literary and Artistic Works, Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, World Intellectual Property Organization Copyright Treaty (WCT) and Arab Convention on Copyright. Section 1.1. discusses the legal base in Jordan for such protection under international conventions. According to Jordanian law and court practice, international conventions to which Jordan is party have supremacy over the provisions of local law. In Section 1.2., the scope of protection, including exceptions and limitations, is discussed. Databases are protected under these conventions if the selection and arrangement of their content can be shown to be intellectual property. Section 1.3. is devoted to the remedies these conventions offer. It is shown that the TRIPS Agreement includes detailed provisions that afford administrative, precautionary, as well as civil and criminal protection to authors of databases. Section 2.1., on protection under Jordanian law, shows that Jordanian Copyright Law (JCL) provides a legal base for protection of databases in its provisions, as discussed in Section 1.1. The scope of protection, including exceptions and limitations, is presented in Section 2.2. In addition to protecting the author's traditional rights to the database created, JCL has introduced legal measures to protect the technology used to prevent illegal access to databases. Section 2.3. discusses the remedies afforded under local law, i.e., administrative, precautionary measures as well as civil and criminal protection. Also, Jordanian courts have upheld such protection in all areas. Thus, one may conclude that databases are protected under the Jordanian legal system to the same degree upheld in the TRIPS Agreement and in compliance with international standard.
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Gaveika, Arturs, e Ilona Bulgakova. "ASYLUM LAW REGULATION AND CURRENT EVENTS OF ITS APPLICATION IN LATVIA". BORDER SECURITY AND MANAGEMENT 1, n.º 6 (10 de maio de 2016): 53. http://dx.doi.org/10.17770/bsm.v1i6.1700.
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The development of the regulatory framework of Latvia’s Asylum and external border is determined by international regulatory framework, the EU's regulatory framework and influence of Latvian bilateral relationship as well as the need to balance the free movement of persons which is essential part of human rights in order to ensure the legislation in relation to Latvian external border regime within international and national legal framework. This is evidenced as a problematic issue in regulatory framework, law practices and border control both in Latvia and other EU countries. It is necessary to explore international, EU and national legal framework within the EU's external borders functioning in Latvia by detecting problems in the EU's Asylum determination in the context of border regime and border control regulatory framework, by exploring legislation, legal concepts, incompleteness of terminology and eventually to develop suggestions for improving laws and regulations. The primary method is Analytical method - the analysis of international, EU, the Schengen Acquis and the national regulatory framework and administrative practice.
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Smirnov, Danila S. "The Law Enforcement Practice in the Sphere of Identification of Cultural Heritage Sites". Municipal property: economics, law, management 1 (7 de março de 2024): 8–12. http://dx.doi.org/10.18572/2500-0349-2024-1-8-12.
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The paper studies the arrangement of works aimed at identification of cultural heritage sites on the example of Moscow. An analysis of the regulatory framework has confirmed broad discretion of the executive authority that has powers in the sphere of protection of cultural heritage sites. The author also characterizes the line of reasoning of judicial authorities that have reviewed administrative disputes over inclusion or denial of inclusion of an object with attributes of a cultural heritage site in the list of identified cultural heritage sites.
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Kovač, Polonca, e Urška Ribič. "Effectiveness of Administrative Appeal in Slovenia and Croatia – Between National Traditions and EU Standards". NISPAcee Journal of Public Administration and Policy 15, n.º 1 (1 de junho de 2022): 39–60. http://dx.doi.org/10.2478/nispa-2022-0003.
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Abstract The administrative appeal is a multifunctional legal remedy whose purpose is to protect the rights of the parties vis-à-vis the authorities and provide – through a generalisation of cases – a regulatory feedback loop leading to better sector-specific regulations. The administrative appeal is thus a constitutional guarantee of democratic governance, as well as mechanism of good administration and effective public policies, as long as it is implemented in line with the purpose of regulation. To examine the theoretical and regulatory objectives of the administrative appeal in Slovenia and Croatia and test its compliance with EU trends, a comparative analysis of the key provisions of the systemic laws on the general administrative procedure (APAs) was carried out. In such context, specific effectiveness criteria were developed, focusing on the admissibility, devolution and suspensiveness of the administrative appeal, as well as on the duration of the administrative appeal procedure. The achievement of the regulatory objectives of the APAs in both countries was further examined through interviews with experts in administrative procedural law and, for Slovenia, through an analysis of administrative case law. The finding suggest that the most challenging issues are the (non-)suspensiveness of the appeal and the duration of procedure. Hence, the administrative appeal may well be a fairly suitable safeguard of the constitutional rights of the parties in individual cases, but on a systemic level, its potential for good administration is not fully exploited. This instrument should therefore be further developed, e.g., through a mutatis mutandis application of the APA in all administrative acts and an even more consistent application in the most disputable administrative procedures, particularly in terms of the suspension of enforcement pending administrative finality and the still reasonably long procedures. The key points for practitioners are: • The administrative appeal has various functions, such as protecting international and constitutional safeguards of the parties to the procedure and ensuring a coherent administrative-legal system; • In the EU, procedural issues in individual Member States can largely be regulated autonomously; however, there are certain characteristics necessary to define the appeal as an effective tool; • Slovenia and Croatia regulate the administrative procedure in a rather similar way, yet there are some crucial differences in effectiveness of the administrative appeal both in law and, particularly, in practice; • Experts, especially from the CEE region, can learn about the gap between theory and practice in the selected countries, which enables them to compare other similar national systems in line with the EU standards.
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Panov, Andrey M. "On the Improvement of Operations of Internal Affairs Agencies in the Area of the State Service of Issue of Certificates of Being Punished for Illegal Drug Use". Drug control 4 (24 de dezembro de 2020): 32–37. http://dx.doi.org/10.18572/2072-4160-2020-4-32-37.
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Purpose: to show the need for improvement of the administrative activities of the internal affairs bodies in the field of drug trafficking based on the analysis of the regulatory framework which regulates the state service for the issuance of certificates on the absence of punishment for illegal drug use, the existing law enforcement practice and statistical data. Methodology: to achieve this goal, some statistical data and regulatory legal acts were analysed, and methods of analysis and synthesis, as well as a comparative legal method were used. Conclusion: the study has shown the need for increasing the efficiency of the administrative practice of the internal affairs bodies in the field of illegal drug trafficking and the need for amending the Regulations for the provision of public services for issuing certificates of no punishment for drug use. Scientific and practical significance: the use of the materials presented and analysed in the article will make it possible to increase the efficiency of the administrative practice of the internal affairs bodies in the field of illegal drug trafficking, minimising the possibility of persons who use drugs without a doctor’s prescription receiving a certificate of the absence of punishment for drug use.
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Dmitrikova, Ekaterina A. "Development and Practices of Application of Laws in the Sphere of Control and Supervisory Activities: Reform Influence". Juridical World 4 (20 de abril de 2023): 35–39. http://dx.doi.org/10.18572/1811-1475-2023-4-35-39.
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The changes in the legislation in the field of control and supervisory activities have changed the model of state control (supervision), have influenced the application of legislation on administrative offenses. Based on the analysis of law enforcement practice, the author draws conclusions about the results of judges' assessment of the grounds for bringing controlled persons to administrative responsibility for non-compliance with requirements, based on the rules for implementing “the regulatory guillotine”. Also attention is drawn to the application of legislation on state control (supervision) in a system with branch of legislative regulation, legislation on administrative offenses.
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Doiar, Yevhenii. "CONCRETIZATION OF THE PRINCIPLES OF ADMINISTRATIVE LAW AS A DIRECTION OF THE INFLUENCE OF JUDICIAL LAW ENFORCEMENT ON PUBLIC ADMINISTRATION". Administrative law and process, n.º 2(33) (2021): 5–14. http://dx.doi.org/10.17721/2227-796x.2021.2.01.
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PurposeThe purpose of the article is to provide specific and illustrative examples of concretization of theprinciples of administrative law in judicial application of law and determine its importance forimproving the system of public administration.MethodsThe methodological basis of the article is, in particular, the dialectical method, which made itpossible to consider the practice of judicial concretization of the principles of administrative lawin connection with the development of public administration. The dogmatic method was used indetermining the content of the concretization of law as a theoretical concept, while the formallegalmethod has become a tool for elaborating the case-law reflecting standards of understandingand application of the principles of administrative law.ResultsIt was found that, interpreting the principles of the rule of law and good governance,administrative courts have consistently adhered to and promoted among public authoritiesthe principle of superiority of the essense over the form and the inadmissibility of excessiveformalism in the activities and decisions of public authorities and administrative courts, whichprecludes absolutization of formal legal requirements. Also, significant practical value is inherentin the established in judicial practice concerning: (a) the presumption of validity of documentssubmitted by an individual with his application to the administrative body; (b) presumption ofgood faith of pubic authorities in the exercise of their powers; (c) the duty of civil servants to showsufficient attention and care in the performance of their duties and the inadmissibility of shiftingresponsibility to private persons for the mistakes and omissions of public authorities; (d) theobligation of public authorities to apply the approach that is most favorable to the individual inthe event of ambiguity or possibility of multiple interpretations; (e) the principle of binding publicauthorities with their published official non-normative clarifications and legality of actions ofnatural nad legal persons with reliance on these documents; (f) the principle of inadmissibilityof bringing a person to administrative responsibility twice for the same offense, regardless of theclassification of the relevant sanctions, provided they all lie within the plane of administrative law.ConclusionsThe author concludes that concretisation of principles of administrative law through inferringsubstantive and procedural standards of public administration from them while defining administrative practices incompatible with these standards is of vital importance for publicadministration. This ensures the functioning of the principles of administrative law not only asa value foundation for law, but also as a practical regulatory tool for and a concrete basis fordetermination of rights and duties of parties to particular administrative-legal relations.
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Hamill, Sarah E. "Making the Law Work: Alberta's Liquor Act and the Control of Medicinal Liquor from 1916 to 1924". Canadian journal of law and society 27, n.º 2 (agosto de 2012): 249–65. http://dx.doi.org/10.3138/cjls.27.2.249.
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AbstractThis paper uses the example of the control of medicinal liquor during prohibition in Alberta to explore how the methods of control altered during the eight years of prohibition. This paper argues that the system used to control medicinal liquor changed from a prosecutorial system to a regulatory system. This shift from prosecution to regulation was essential in ensuring that medicinal liquor was actually controlled and allowed medicinal liquor to become an alternative as well as an exception to prohibition. This paper focuses on explaining the success of administrative control rather than the courts' attempts to control administrative action and thus examines administrative law and practice from the ground up. Consequently, this paper uses a broad definition of administrative law which includes the regulations, policies and practices created and used by the provincial state in its attempt to control medicinal liquor.
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Przhilenskiy, V. I. "Discussions on the Status of the Ethics Committee and Biobanking Practices in the Nordic Countries". Kutafin Law Review 10, n.º 3 (11 de outubro de 2023): 544–68. http://dx.doi.org/10.17803/2713-0533.2023.2.25.544-568.
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The article analyzes the institutional status of the ethics committee as a social regulator. The object of the study is the practice of legal and administrative regulation in the field of application of genetic technologies in the Nordic countries. To this end, a comparative analysis of national legislation and practices regulating the activities of biobanks in these countries is carried out. Particular attention is given to the legal status of the ethics committee, the possibility of the ethics committee performing a regulatory function, as well as its relation to the legal system, is being investigated. Various positions concerning the legitimization of the decisions of the ethics committee in modern literature are considered. The heterogeneity of this institution is determined, which makes it possible to consider it both as legal, administrative and metaethical social regulators.
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Marian, Omri. "Reconciling Tax Law and Securities Regulation". University of Michigan Journal of Law Reform, n.º 48.1 (2014): 1. http://dx.doi.org/10.36646/mjlr.48.1.reconciling.
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Issuers in registered securities offerings must disclose the expected tax consequences to investors investing in the offered securities (“nonfinancial tax disclosure”). This Article advances three arguments regarding nonfinancial tax disclosures. First, nonfinancial tax disclosure practice, as the Securities and Exchange Commission (the SEC) has sanctioned it, does not fulfill its intended regulatory purposes. Currently, nonfinancial tax disclosures provide irrelevant information, sometimes fail to provide material information, create unnecessary transaction costs, and divert valuable administrative resources to the enforcement of largely-meaningless requirements. Second, the practical reason for this failure is the SEC and tax practitioners’ unsuccessful attempt to address investors’ heterogeneous tax preferences. Specifically, nonfinancial tax disclosure practice assumes the existence of a “reasonable investor” who is also an “average taxpayer,” and tax disclosures are drafted for the benefit of this average taxpayer. The concept of an “average taxpayer,” however, is not defensible. Third, the theoretical reason for the regulatory regime’s dysfunctionality is the misapplication of mandatory disclosure theory to nonfinancial tax disclosure requirements. Mandatory disclosure theory, even if accepted at face value, does not support the current regulatory framework, due to the special nature of tax laws. To remedy this failure, this Article describes the types of tax-related disclosures that mandatory disclosure theory would support. Under the proposed regulatory reform, nonfinancial tax disclosures will only include issuer-level tax items (namely, tax items imposed on the issuing entity) that affect how “reasonable investors” calculate their own individual tax liabilities. Under such a regime, there is no need to rely on the “average taxpayer” construct.
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Starostin, Sergey A. "ADMINISTRATIVE COERCION: PROBLEMS OF THEORY, LEGISLATION AND PRACTICE". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n.º 39 (2021): 93–108. http://dx.doi.org/10.17223/22253513/39/8.
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The paper deals with the mechanism of administrative coercion. The peculiarity of the article content is a system analysis of the problems of theoretical, normative-legal and empirical (law-enforcement) aspects. The author defines the essence of administrative coercion, based on the modern system of legislative regulation and practice of its application, which has developed since March 2020. The article explores various aspects of administrative coercion. It is pointed out that the knowledge of administrative-legal coercion is impossible without its consideration in interre-lation with such categories as freedom, expediency, administrative responsibility.On the basis of the analysis of some coercive measures, applied in the conditions of pandemic, their legal assessment is given. Attention is drawn to the fact that in conditions of pandemic the measures of constraint which, according to their developers, fully conform to the require-ments of the Federal law "About protection of the population and territories against emergen-cies of natural and technogenic character" were and are often taken. It is not so! This Federal Law defines the general organizational and legal norms in the field of population and territory protection from emergencies, its effect covers the relations arising in the process of activity of state authorities of the Russian Federation and subjects of the Russian Federation, local authorities, as well as organizations and population in the field of population and territory protection from emergencies. In the context of the epidemic, the debate about the balance between voluntary submission and coercion in the form of fear of responsibility has intensified. Under conditions of uncer-tainty and unpredictability of the situation, the reality of risks, the legal regulation should be oriented towards protecting the population, excluding compromises and exceptions, blanket norms. But always possible in such conditions situations when the state in order to protect citizens, applies coercive measures not based on the law, when they are forced to be estab-lished by the executive authorities. The author of article used following methods: system analysis, dialectical, logical, com-parative-legal, analysis and synthesis, induction and deduction. As a result of the study conclusions were drawn that doctrine and practice convincingly prove that measures of administrative coercion should be formalized as much as possible. When the need arises to apply them, there is no time to discuss what measures, when, to what extent to apply. It is necessary to apply what is already there. When the situation returns to normal, the applied measures should be analysed and both the substantive norms and even more carefully the procedural norms should be improved. Provisions on executive authorities should include a mandatory section on "coercive measures applied by these authorities, grounds and procedure for their application".
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OBRUSNA, Svitlana, e Oleksandr HOLOVACH. "Administrative and legal principles of provision of public services in entrepreneurship activities". Economics. Finances. Law, n.º 8/1 (27 de agosto de 2021): 35–39. http://dx.doi.org/10.37634/efp.2021.8(1).7.
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Introduction. The issue of studying the administrative and legal framework for the provision of public services within certain activities, including the ones in the field of entrepreneurship, is relevant for Ukraine. Conceptual and categorical apparatus, which could be further used in the professional literature, law-making and law-enforcement practice, is still insufficiently developed. The purpose of the paper is to define the content of the concept of administrative legal principles for the provision of public services in entrepreneurship taking into account the latest trends in administrative law, legal practice and changes in the national legislation. The methods used in the study are comparative legal, formal legal, logical and semantic as well as analysis and synthesis. Results. The need to define the concepts that make up the categorical basis for the study of administrative and legal principles of public services in the field of entrepreneurial activity is revealed. The analysis of scholars’ views on understanding the essence of the category of administrative and legal principles is conducted. The practice of applying the term of administrative and legal principles in domestic legislation is generalized. The concept of public services is analyzed and defined. The concept of entrepreneurial activity is formulated. Conclusion. It is stated that entrepreneurship activity is a strategic factor and an internal source of economic development and material well-being of the population of Ukraine under the market conditions. Administrative and legal principles of providing public services in the field of entrepreneurship activity is a set of characteristics of social phenomena and legal relations in the field of providing public services for entrepreneurship, which needs to be regulated by the administrative and legal means and provide categorical, regulatory and organizational-management support.
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Serhiienko, Oleksandr. "LEGAL ANALYSIS OF THE ADMINISTRATIVE SERVICE OF ISSUING URBAN DEVELOPMENT CONDITIONS AND RESTRICTIONS OF LAND PLOT". Administrative law and process, n.º 2 (41) (2023): 54–63. http://dx.doi.org/10.17721/2227-796x.2023.2.04.
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Purpose. The article is aimed at studying the content of the concept of administrative procedure, urban planning requirements as legal categories, as a legal and philosophical phenomenon, the influence of these concepts on the formation of the regulatory framework of urban planning law, legislation and the legal system of Ukraine, clarifying the true content of normative legal acts, clarifying the factors that determine the existence of such categories of law and determine their objective necessity. Significant importance in the article is given to both legal and philosophical understanding of these concepts primarily from the point of view of the conceptual apparatus of the Ukrainian language. Methods. The article uses general and special scientific methods of legal research, in particular: analysis, synthesis, induction, deduction, classification, comparison and other methods of scientific knowledge. Results. The first section of the article substantiates the need to look at the administrative service, based on the change in the legal paradigm in Ukrainian law in connection with Ukraine’s independence. In the second section of the article, an analysis of urban planning justification as a tool for the customer of construction is carried out, the main purpose of which is to determine their own intentions for development, as a key factor in the coherence of the conditions for concluding a public contract. In the third section, a study of the permissive nature of both the administrative procedure itself and its result – the issuance of a permissive document – was conducted. The fourth section considers the concept of providing an electronic administrative service and its relationship with the existing legal regulation of this issue. The fifth part highlights the features of administrative services, due to certain types of documents or special regimes. Conclusions. In the conclusions, which are the sixth part of this article, the place of administrative services for the provision of urban planning conditions and restrictions on the development of a land plot in the sequence of the customer’s development of a certain land plot is determined, a characteristic of this service is given precisely as a permit procedure that requires compliance with the norms of permit legislation in the field of economic activity. Recommendations for further improvement of the norms of urban planning legislation and its coordination with the norms of other branches of law, primarily administrative. The legal status of urban conditions and restrictions as a result of a public contract is outlined. It is emphasized that electronic services are a service, not a separate legal system.
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Kluban, M. V., e I. V. Panova. "The efficiency of the interim relief institution by suspending an individual or regulatory act". Bulletin of Kharkiv National University of Internal Affairs 101, n.º 2 (P. 1) (2 de julho de 2023): 104–13. http://dx.doi.org/10.32631/v.2023.2.10.
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The article analyses the provisions of the Administrative Procedure Code of Ukraine on interim relief through suspension of a regulatory legal act and examines the Supreme Court’s case law with regard to the efficiency of application of this administrative procedure institution. In fulfilling the main tasks of administrative proceedings, the institution of interim relief is of great importance, as it allows the plaintiff to protect his or her rights and interests at the stage of applying to an administrative court by suspending the effect of an unlawful decision of a public authority. In the course of the court practice study, a gap in the current legislation and law enforcement practice has been identified, namely: when an interim relief order is cancelled by an appellate court, the authority believes that during the time its decision was suspended, such a legal act gives rise to rights and obligations for the parties. However, such a position of the authority is inconsistent with the provisions of the Constitution of Ukraine and the decision of the Constitutional Court of Ukraine, but is applied by the Supreme Court. To address this problem, it has been proposed to amend the Code of Administrative Procedure of Ukraine to provide that appellate and cassation courts, when issuing a decision to set aside a ruling on interim relief by suspending the effect of a regulatory act, should determine that the court ruling loses legal force from the date of the court's decision. In this case, the legislation should clearly state that during the time when the court of first instance ruling was in force, the effect of the legal act was suspended and did not give rise to any rights and obligations for the parties to the litigation, and in case the court ruling on interim relief is cancelled, the effect of the legal act does not have retroactive effect. The institution of interim relief should be effective and protect the violated rights of individuals.
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WARAI, Michael TAOYANG. "Informal Practices in Public Administrations in Cameroon". Journal of Public Administration and Governance 11, n.º 1 (15 de janeiro de 2021): 65. http://dx.doi.org/10.5296/jpag.v11i1.17986.
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The article questions the practices of violation of the law and the link between illegality and administrative practices, with a focus on administrative services. In this paper, I propose to study the experience of Cameroon, a country where formality and informality work hand in hand. Precisely, administrative practices have for some time seen the proliferation of unconventional practices in the management of administrative services. The assessment is the use of informality that rub shoulders with the formal rules established by the legislator. The informal management of administrative services can be explained on the one hand by the state crisis which results in the state registry struggling to take. Administrative burdens as an institutional factor should not also be overlooked as an explanatory factor for this practice. Informality, therefore, becomes an alternative to bypass regulatory frameworks. The objective of this article is to stimulate reflection on the role that informality can play in administrative practices in Cameroon. Starting from the principle of methodological individualism, we demonstrate that informality is a vector of underdevelopment, and this way of doing must retain the attention of governments to overcome this practice.
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Surgutskov, Vadim Igorevich, e Kamila Kairatovna Bekmurzinova. "The principle of objective truth, substantiation and its subjects in cases of administrative traffic offences". NB: Административное право и практика администрирования, n.º 4 (abril de 2020): 79–93. http://dx.doi.org/10.7256/2306-9945.2020.4.34551.
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The object of this research is the social relations established due to commission of administrative offences in the area of road traffic. The subject of this research is the federal legislation, departmental regulatory acts that establish competence of the internal affairs bodies in the process of substantiation of administrative traffic offences, as well as acts of interpretation of the Supreme Courts of the Russian Federation and the European Court of Human Rights. The main goal of this research consists in elaboration of the normative legal acts, law enforcement practice, and recommendations aimed at the improvement of substantiation in cases of administrative traffic offences. The article explores the problematic questions of law enforcement practice established due to substantiation in cases of administrative offences in the area of road traffic. Analysis of the current state of legislation of the Russian Federation that regulates such process in carried out. The scientific novelty of this work lies in revelation of problem points of acquisition, records and evaluation of evidence in cases of administrative traffic offences. The author determines the content of substantiation, its subject and limits in administrative procedures on road traffic offences. The essence of the principle of objective truth in case of administrative offence is revealed. Objective truth manifests as the purpose of substantiation. Claimant, a private party, is outlined as independent subject of substantiation, who reported on the committed administrative traffic offence, providing a photo or video footage of the violation committed.
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Shatrava, S. O., О. V. Dzhafarova e О. V. Pohorilets. "Some issues of prosecutor’s participation in proceedings on administrative offences: based on the European Court of Human Rights case law". Bulletin of Kharkiv National University of Internal Affairs 101, n.º 2 (P. 1) (2 de julho de 2023): 135–49. http://dx.doi.org/10.32631/v.2023.2.13.
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The scientific work focuses on reviewing the works of scholars who have studied various aspects of the implementation of judgments of the European Court of Human Rights. However, the issues of human rights protection and observance of the principle of competition during the consideration of an administrative offence case remain unaddressed.
A scientific analysis has been made of the positions of the European Court of Human Rights with regard to the protection of fundamental human rights in proceedings on administrative offences, and the involvement of the prosecutor in the proceedings with a view to ensuring that the parties are competitive and that the prosecutor fulfils his/her main purpose under administrative law, which is to supervise compliance with and correct application of the provisions of current legislation.
It has been proved that as a result of amendments to the Constitution of Ukraine, it was excluded Section VII “Prosecution” and was supplemented Section VIII “Justice” with a new Article 131-1. Therefore, under the new Ukrainian constitutional legal order, the prosecutor’s office as an institution performing the function of criminal prosecution is structurally integrated into the general system of justice. Considering that the place and role of the prosecutor's office is defined in the title of Section VIII of the Constitution of Ukraine “Justice”, this indicates that the special status of the prosecutor’s office in the constitutional system of power is enshrined, and that there is a functional link between the court and the prosecutor’s office, which forms the legal basis of the prosecutor’s office and directly affects the practical activities of the prosecutor's office as an institution of public power.
Based on the review of law enforcement practice, it has been noted that there is a need to revise the approach to administrative cases (under Article 130 of the Code of Ukraine on Administrative Offences) in the context of the European Court of Human Rights case law.
It has been proposed to amend and supplement the Code of Ukraine on Administrative Offences with provisions on the protection of fundamental rights of persons involved in administrative proceedings and to establish the appropriate procedural role of the prosecutor in the administrative process.
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Aleska, S. "Driving a vehicle by a person without driving right: problems of legal regulation and law enforcement". Vestnik of Polotsk State University. Part D. Economic and legal sciences, n.º 6 (15 de agosto de 2021): 121–24. http://dx.doi.org/10.52928/2070-1632-2021-57-6-121-124.
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One of the types of administrative offenses against the safety of movement and operation of transport is considered by the driver having a disease of the eyes or a dressing apparatus and is obliged in connection with this for medical testimony when managing the vehicle to use special medical facilities expressed in the management of the vehicle without the use of these funds. The norm of an administrative and delicate law is proposed, on the basis of which the attraction of those perpetrators of administrative responsibility for such a violation seems to be legally competent and actually substantiated. The presence of gaps in the legislation and practice of its application and the need to eliminate them by the adoption and application of the regulatory legal act, determining the procedure for the examination of vehicle drivers for finding without medical devices compensating vision deviations from the norm.
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Wilke, Marie. "Emerging Informal Network Structures in Global Governance Inside the Anti-Money Laundering Regime". Nordic Journal of International Law 77, n.º 4 (2008): 509–31. http://dx.doi.org/10.1163/157181008x374924.
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AbstractDuring the last decades a global governance system consisting of various decision-making arenas, shifting regulatory decisions from the domestic to the global level, has emerged. It includes informal but institutionalised transgovernmental networks, private actors such as financial institutions, hybrid private-public networks and enforcement cooperations. This essay argues that the system exhibits a democratic deficit. By analysing this claim based on the 'Anti Money Laundering Regime' (AML regime), in section two it will become clear that the deficit does not just derive from loose procedural problems such as insufficient transparency but in general from the apolitical and rather technical nature of the system itself. Section three will then proceed to analyse proposed reactions, mainly the idea of a global administrative law. However, it will not only consider the immanent critiques, but also address the problem of a functionalised world and raise and discuss the question whether the approach of 'instrumentalising' international law is the right reaction and first and foremost the future role of international law.
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Sidorov, Eduard Tomovich. "Problems of the Implementation of the Principle of Legality by Police Officers when Applying Measures to Ensure Proceedings in Cases of Administrative Offenses". NB: Административное право и практика администрирования, n.º 2 (fevereiro de 2023): 58–70. http://dx.doi.org/10.7256/2306-9945.2023.2.40426.
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The object of the study is the social relations that arise when police officers apply measures to ensure proceedings in cases of administrative offenses. The subject of the study is the legal norms contained in Chapter 27 of the Code of Administrative Offenses of the Russian Federation. The proposed article analyzes a number of measures to ensure the proceedings in cases of administrative offenses used by police officers in the exercise of official powers. The purpose of the work is to conduct a study of the theoretical provisions and law enforcement practice of the internal affairs bodies on the application of measures to ensure proceedings in cases of administrative offenses and, based on this, formulate proposals and recommendations for improving police activities in this area. As a result of the conducted research, the following conclusions were formulated. 1. Measures to ensure the proceedings in cases of administrative offenses, which are applied by the internal affairs bodies in the implementation of administrative and jurisdictional activities, significantly restrict the rights and freedoms of citizens. 2. Police officers exercising their powers of authority may apply them only on the basis of the Code of Administrative Offences of the Russian Federation, which contains both administrative-legal and administrative-procedural norms. 3. Other laws and by-laws should not contain measures of administrative and procedural support that are not regulated by the Administrative Code of the Russian Federation. 4. The law enforcement practice of the internal affairs bodies in the field of bringing citizens to administrative responsibility shows the need to develop administrative procedures for the application of measures to ensure proceedings in cases of administrative offenses. 5. These administrative procedures (the procedure for conducting a personal search, the procedure for conducting a vehicle inspection, etc.) should be fixed in regulatory legal acts and regulate in detail the procedure for their conduct.
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Ashfa, D. M. "Compliance in Competition Law: Problems of Theory and Practice". Courier of Kutafin Moscow State Law University (MSAL)), n.º 7 (23 de setembro de 2022): 50–57. http://dx.doi.org/10.17803/2311-5998.2022.95.7.050-057.
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The article is devoted to the research of the main directions of development of the antitrust compliance of an economic entity as a new institution of competition law. The author analyzed scientific approaches to the introduction of the antitrust compliance system into the structure of corporate governance of commercial corporations, as well as the guidelines of the US Department of Justice and the European Commission. Particular attention in the article was paid to the analysis of key regulatory legal acts and established practice of the FAS Russia in this area. It is argued that antitrust compliance is an integral element of the corporate governance system aimed at reducing the antitrust risks of an economic entity and forming a legal culture of compliance with antitrust requirements by its employees. It is argued that voluntariness is the basis for the implementation of an effective system of antitrust compliance, which corresponds to generally accepted approaches that exist in world practice. The consequences of independent disclosure of a violation by an economic entity by applying the antitrust compliance system in the form of exemption and mitigation of administrative responsibility are determined.
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Ilnytskyy, Oleh. "APPLICATION OF ADMINISTRATIVE JUDICIAL MECHANISMS IN THE FIGHT AGAINST INTERNAL THREATS TO NATIONAL SECURITY IN CONDITIONS OF RUSSIAN-UKRAINIAN WAR". Access to Justice in Eastern Europe 5, n.º 3 (13 de agosto de 2022): 155–64. http://dx.doi.org/10.33327/ajee-18-5.3-n000333.
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Judicial control and authorization of state coercion or other interference in the sphere of private legal interest is a universal standard for building a political and legal system based on the principles of the rule of law. To obtain reliable and substantiated conclusions, general and special research methods were used, which processed the results of theoretical research on the problems of administrative proceedings in Ukraine, materials of legal practice in the form of conclusions of international human rights institutions and Ukrainian courts. The study found that the proposed regulatory changes, which determine the dominant role of administrative courts in the application of sanctions related to the assets of individuals or the prohibition of political parties, perform a dual function - to ensure the necessary level of protection of rights, freedoms and interests of private individuals as well as administrative courts protect the national interests, national security, sovereignty and territorial integrity of Ukraine, counter terrorist activity, as well as prevent violations, restore violated rights, freedoms and legitimate interests of citizens of Ukraine, society and the state. Thus, the preconditions have been created for resolving these complex human rights issues while maintaining the necessary balance, even in exceptional martial law
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Husieva, Vlada, Iryna Shynkarenko e Victoria Pylyp. "Theoretical and practical problems of conducting criminal and administrative proceedings in Ukraine under martial law". Revista Amazonia Investiga 12, n.º 65 (30 de junho de 2023): 20–28. http://dx.doi.org/10.34069/ai/2023.65.05.2.
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The purpose of the study was to determine the theoretical and practical problems of conducting criminal and administrative proceedings in Ukraine during martial law. Its achievement became possible thanks to the solution of the main tasks: analysis of judicial and investigative practice, regulatory provisions. To achieve the goal, a system of general scientific and special methods was used, which made it possible to take into account the peculiarities of the object and subject of research, in particular: methods of formal logic, special legal methods, and comparative legal methods; historical-legal, systemic-structural, sociological methods. Significant changes in the legal system of Ukraine during martial law are emphasized. Areas of improvement of the current legislation have been determined, with the aim of solving theoretical and practical problems of conducting criminal and administrative proceedings in Ukraine during the martial law. These are: 1) expanding the list of administrative offenses that can be prosecuted in a simplified manner; 2) introduction of administrative responsibility for the commission of certain acts during the period of martial law; 3) establishing the court's duty to verify the existence of an objective impossibility for the prosecutor to appeal to the court with an indictment, etc.
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Heinzerling, Lisa. "Classical administrative law in the era of presidential administration". Revista de Direito Administrativo 279, n.º 1 (29 de abril de 2020): 15. http://dx.doi.org/10.12660/rda.v279.2020.81362.
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<p><span>Direito administrativo clássico na era da administração presidencial</span></p><p><span><br /></span></p><p>ABSTRACT<br />Farber and <span>O’Connell described ways in which contemporary practice departs from classical administrative law and they have done a great service by so carefully identifying the gaps between both. Administrative practice today is out of step with classical doctrine, but Farber and O’Connell’s argument exaggerates the divergence in one important aspect. Classical administrative law requires regulatory decisions to be taken by the agencies responsible for the status of making them, on the basis of </span><span>statutory procedures and criteria however, it should be remembered that the administrative law itself is divided. In short, the recommendation is not to give up all the basic premises of classical administrative law, it’s about looking at the differences and understand how much of it should be maintained.</span></p><p><span><br /></span></p><p><span>RESUMO<br />Farber e O’Connell descreveram maneiras pelas quais a prática contemporânea se afasta do direito administrativo clássico e fizeram um grande serviço ao identificar tão cuidadosamente as lacunas entre os dois. A prática administrativa nos dias atuais está fora de sintonia com a doutrina clássica, porém o argumento de Farber e O’Connell exagera na divergência em um aspecto importante. O direito administrativo clássico exige que as decisões regulatórias sejam tomadas pelas agências encarregadas por fazê-las, com base em procedimentos e critérios legais, porém se deve lembrar de que o direito administrativo em si é dividido. Em suma, a recomendação não é desistir de todas as premissas básicas do direito administrativo clássico, e sim analisar as divergências e entender o quanto dele deve ser mantido.</span></p>