Статті в журналах: "Administrative and legal ground"

1

Anisiforova, Maryam V. "The Development of the Scientific Ground for Administrative Law Encouragement." Administrative law and procedure 5 (May 13, 2021): 34–37. http://dx.doi.org/10.18572/2071-1166-2021-5-34-37.

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The article attempts to substantiate the scientific foundations of administrative and legal incentives as a method of public administration along with persuasion and coercion. Possible forms of expression of administrative and legal incentives in legislation, primarily the Code of Administrative Offenses of the Russian Federation, are considered

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2

Andreev, Denis. "Procedural Defects of Administrative Acts." Journal of Russian Law 4, no. 4 (April 11, 2016): 0. http://dx.doi.org/10.12737/18691.

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The article addresses the problem of procedural defectiveness of administrative acts, which has not yet been examined extensively in Russian legal literature. The article provides a definition of procedural defects of administrative acts and offers a brief comparative overview of the issue in legal systems of France, Germany, the UK, Bulgaria and Poland. The paper demonstrates historical development of the theme in the Russian legal doctrine while special attention is paid to the analysis of the current Russian law and application thereof. By a number of examples the author substantiates the thesis that contemporary administrative law of Russia contains sufficient ground for theoretical conceptualization of the notion of substantial procedural defects of administrative acts. The author puts forward a set of criteria for classification of procedural defects into substantial and non-substantial and argues that such differentiation constitutes a particular manifestation of general legal trends.

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3

MEL’NIKOVA, N. A., and N. V. KARULINA. "Features of Administrative-Legal Methods in the System of Methods of State Regulation." Ius Publicum et Privatum 3, no. 13 (September 9, 2021): 117–21. http://dx.doi.org/10.46741/2713-2811-2021-3-117-121.

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The article analyzes the system of methods of administrative and legal influence, identifies their essential features, which are determined by various criteria (implementation goals, scope of application (public administration), public relations (administrative and legal), subjects (authorized bodies and officials) and objects of influence (individuals, legal entities), types of administrative activities (administrative-managerial, administrative-jurisdictional and administrative-judicial)). We classify administrative methods on various grounds (scope of influence, orientation, form, content) and give a characteristic of the considered methods in the modern administrative legislation. We pay special attention to administrative and procedural methods, formulate possible ways of improving their legal regulation taking into account general trends in the development of the sphere of public administration in general and individual areas of administrative activity

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4

Hersant, Jeanne, and Cécile Vigour. "Judicial Politics on the Ground." Law & Social Inquiry 42, no. 02 (2017): 292–97. http://dx.doi.org/10.1111/lsi.12306.

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This symposium focuses on judicial politics at the micro level. Its aim is to shed light on justice in action, drawing on an ethnographic approach to explore the routine decision-making practices of judges and other legal actors, and to study their interactions with citizens and politicians. Each article is based on close observation of the interactions between legal professionals and administrative actors who are at the frontline in local and lower courts. By examining a variety of jurisdictions around the globe, the articles in this symposium offer fresh insight into “judicial politics on the ground.”

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5

Sherstoboev, O. N. "Nullity of Administrative Acts: Grounds, Legal Regime, Discretion." Siberian Law Review 18, no. 2 (October 20, 2021): 228–42. http://dx.doi.org/10.19073/2658-7602-2021-18-2-228-242.

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The issues of criteria for the nullity of administrative acts are considered, the ratio of an illegal and invalid act, as well as a null and void act, analyzed, the possibility of administrative discretion in determining an invalid administrative act is analyzed, the role of vague legal concepts when an administrative act is declared invalid is demonstrated. The Author uses a comparative legal method, including the analysis of the practice of Germany, Great Britain, South Africa, Canada, Japan, South Korea, Russia and other countries. Special attention is paid to the laws on administrative procedures adopted in the post-Soviet territory and the influence of the German doctrine on this process. It is concluded that for the continental legal order the most preferable way to formalize the criteria for the invalidity of an administrative act are laws on administrative procedures or their analogs, while in the common law states, legal doctrine and judicial practice are of great importance. At the same time, many countries avoid recognizing acts as null and void, preferring the construction of their voidability. This is related to ensuring the stability of public administration, the predictability of administrative activities, and the protection of legitimate expectations. In any case, the theory of the reality of the administrative act is prevailing, and nullity is rather viewed as an anomaly. Therefore, only acts that are adopted with the most significant violations, which do not allow talking about the fair consequences of their adoption, are considered invalid. The illegality of an act does not automatically entail its nullity. A similar trend can be traced in Russia, although individual norms of law and practice of courts indicate the possible formation of a doctrine of the invalidity of an administrative act in the Russian legal system. Insignificant acts do not give rise to consequences from the moment of their adoption, legally they do not exist, and nothing can generate anything. With this approach, the courts only fix the criterion of invalidity without a dispute about law. Insignificant acts should be distinguished from contested ones, the latter may turn out to be illegal, but for a number of reasons (for example, protection of trust) the fact of their existence is confirmed along with their consequences.

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6

Niemczycki, Dawid. "Interes prawny a proces kościelny. Glosa aprobująca do wyroku Naczelnego Sądu Administracyjnego z dnia 08 maja 2015 r., II OSK 2416/13." Ius Matrimoniale 31, no. 2 (December 15, 2020): 147–57. http://dx.doi.org/10.21697/im.2020.31.2.08.

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This gloss concerns the judgment of the Supreme Administrative Court of 8 May 2015, case II OSK 2416/13, in which the court stated that the legal interest conditioning the disclosure of personal data may be enjoyed not only in a trial before a secular court, but also in proceedings before ecclesiastical court. The gloss layout includes the introduction, the thesis of the order, premises of the factual and legal status, arguments of the Supreme Administrative Court, evaluation of the judgment and the conclusion. The author fully shares the justification of the judgment. Moreover, he points to the ground-breaking approach to the process of nullity of marriage before the ecclesiastical court, which is the basis for granting a legal interest in the procedure of disclosing personal data before a public administration body.

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7

Solovey, Yu P. "Ending the Discussion on the Understanding of the Administrative Process." Siberian Law Review 18, no. 3 (October 21, 2021): 359–78. http://dx.doi.org/10.19073/2658-7602-2021-18-3-359-378.

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A discussion that has been going on for decades in the Russian legal doctrine about the understanding of the administrative process, according to one of its most active participants, Professor Yu. N. Starilov – a supporter of the judicial interpretation of the administrative process, has lost its meaning today and only hinders the adoption of overdue legal decisions. From the point of view of the named specialist, the legislator must put an end to this discussion by forcing legal scholars and practitioners to use the “correct” terms. In this regard, as the purpose of the presented research the Author has chosen to clarify the issue of the existence of legal grounds for a clear and unambiguous understanding of the administrative process, to determine the content of this legal concept. The subject of the research is legal norms and judicial acts, which use “administrative-procedural” terminology. The hypothesis of the research is that at present there are necessary and sufficient legal grounds to complete the discussion in the legal doctrine on the understanding of the administrative process. To prove the hypothesis and formulate the conclusions of the study, dialectical, formal-logical, formal-legal, comparative legal methods of cognition, the method of interpreting law, and analysis of materials of judicial practice are used. The study makes it possible to conclude that the current domestic legislation provides for the necessary and sufficient legal basis for understanding the Russian administrative process as a legal concept, meaningfully consisting of three parts: a) administrative judicial proceedings; b) proceedings on cases of administrative offenses; c) administrative process (administrative procedures). Hence, the scientific discussion about the understanding of the Russian administrative process, first of all, about the content of this legal concept, should be considered complete in the Author’s opinion. As one of the results of the study, the Author also notes the dualistic nature of the administrative process, given to it by Russian legislation and expressed in the existence of administrative judicial proceedings (carried out by a court) and an administrative out-of-court process (carried out by the public administration). This circumstance must certainly be taken into account when developing future administrative procedural legislative decisions. At the same time, the doctrinal recognition of the status of administrative procedural for the relevant activities of the public administration, to a much greater extent than the qualification of such activities as administrative and procedural, advocated by the followers of the judicial concept of administrative process, will contribute to the implementation of the idea of protection in the federal law on administrative proceedings (administrative procedures) being drafted of human and civil rights in relations with public administration and, in general, ensuring an appropriate level of proceduralization of administrative activities that meets the standards of a legal state.

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8

Smokovych, M. "Observance of the rules of administrative jurisdiction as a constitutional guarantee of judicial protection." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 322–27. http://dx.doi.org/10.24144/2307-3322.2021.69.54.

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In the article, the author argues that the violation of the jurisdiction of the court can not be an insurmountable procedural barrier for the plaintiff in court proceedings related to the protection and restoration of his violated constitutional rights. This conclusion is based on the results of comparative legal analysis of the provisions of the CAS of Ukraine, the subject of legal regulation of which is to resolve the legal situation related to the legal fact of establishing the jurisdiction of a case of jurisdiction of the administrative court. The current CAS of Ukraine has regulate an exhaustive list of grounds for returning the statement of claim to the plaintiff, among which there is no such ground as «the case is not subject to this administrative court». It is stated that currently the CAS of Ukraine actually prohibits the administrative court from returning the statement of claim to the plaintiff if the court case is not within its jurisdiction. And rightly so. If the court establishes jurisdictional jurisdiction of a case to a certain administrative court, the plaintiff is not left alone with his case. The law require the administrative court to invite the plaintiff to take certain legally significant actions in order to provide real guarantees for the judicial protection of his rights and freedoms. This approach of the legislator is directly related to the need to ensure the optimal possibility of implementing the principles of legal certainty, access to justice, legality and the rule of law in general. The article have done concludes that certain issues of judicial administrative proceedings, which are related to the jurisdiction of cases, need to be legally regulated in order to overcome some legal uncertainty that the plaintiff may face in the court of first instance.

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9

Tanchyk, Oleksandr. "Grounds for applying administrative sanctions to legal entities." Entrepreneurship, Economy and Law, no. 2 (2021): 125–32. http://dx.doi.org/10.32849/2663-5313/2021.2.23.

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10

Kuo, Ming-Sung. "FROM ADMINISTRATIVE LAW TO ADMINISTRATIVE LEGITIMATION? TRANSNATIONAL ADMINISTRATIVE LAW AND THE PROCESS OF EUROPEAN INTEGRATION." International and Comparative Law Quarterly 61, no. 4 (October 2012): 855–79. http://dx.doi.org/10.1017/s0020589312000437.

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AbstractGlobalization redefines the relationship between law and space, resulting in the emergence of transnational administrative law in a globalizing legal space. I aim to shed light on transnational administrative law by examining how administrative law relates to the process of European integration. I argue that the idea of administrative legitimation is at the core of this relationship. In the European Union, transnational administration grounds its legitimacy on the fulfilment of administrative law requirements. However, given that in the European Union, administrative legitimation is rooted in Europe's constitutional transformation, I caution against the projection of Europe's experience onto global governance.

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11

Thomson, Stephen. "Dare to Diverge: Time for Administrative Law in Hong Kong to Stand on Its Own Two Feet." Chinese Journal of Comparative Law 7, no. 3 (December 1, 2019): 435–56. http://dx.doi.org/10.1093/cjcl/cxaa002.

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Abstract Hong Kong’s system of administrative law has drawn strength and durability from its English counterpart, on which it was heavily modelled. Too often, however, there is a slavish acceptance of the pre-eminence of English law and a tendency to conservativism and a lack of innovation. This article argues that Hong Kong courts and legislators must dare to diverge from English law where an alternative path would prove more credible or appropriate. Three prisms are deployed through which to argue that a misplaced emulation of English law can result in a poor legal framework. First, it is shown that a failure to properly conceptualize error of law as a ground of judicial review has resulted in a ground that, locally, is in a state of incoherence and disarray and that the admission or non-admission of a distinction between jurisdictional and non-jurisdictional errors urgently requires clarification from the Court of Final Appeal. Second, it is proposed that the English-inspired incorporation of a specific time limit in the rules for applying for judicial review should be abolished in the interests of access to justice and legal certainty, drawing on the experience of jurisdictions such as New Zealand, Canada, and Scotland. Finally, it is explained why the antiquated system of administrative tribunals in Hong Kong, redolent of the unreformed English tribunal system of decades past, needs comprehensive structural and procedural redesign. Courts and legislators must dare to diverge in these areas, with Hong Kong’s administrative law standing on its own two feet, where minds are focused on a genuine, locally crafted improvement of standards prevailing in administrative law and public administration.

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12

Khridochkin, Andrii, and Petro Makushev. "ADMINISTRATIVE OFFENCE IN THE FIELD OF INTELLECTUAL PROPERTY AS THE GROUND FOR ADMINISTRATIVE LIABILITY." Administrative law and process, no. 1 (28) (2020): 19–29. http://dx.doi.org/10.17721/2227-796x.2020.1.02.

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The article deals with homogeneous group of administrative offences - administrative offences in the field of intellectual property as a basis of administrative liability. It is emphasized that the objective features of this administrative offence are its social harm, wrongfulness and punishment, and subjective ones are guilt and subjectivity. It is emphasized that only in the presence of all these features can one speak of qualifying an individual’s act as an administrative offence and resolving the issue of bringing him to administrative liability. The definition of the term “administrative offence in the field of intellectual property” is proposed as envisaged by the legislation on administrative liability of socially harmful, unlawful, guilty act, committed by the subjects of such unlawful acts that encroach on the set of property and personal non-property rights to the intellectual results. It is established that all warehouses of administrative offences in the field of intellectual property (art. 51-2, 107-1, 156-3 (in the part concerning intellectual property objects), 164-3, 164-6, 164-7, 164-8, 164-9, 164-13) there are such elements as objective signs and subjective features, which in their unity form the composition of administrative offences of this group. It is noted that the only generic object of these administrative offences is the group of public relations of intellectual property, which are protected by the law on administrative liability, and the subject of this group of public relations are objects of intellectual property. It is proved that the objective side of administrative offences in the field of intellectual property is a set of ways of infringement of intellectual property rights. Attention is drawn to the fact that in practice the violation of intellectual property rights to different objects has different economic, social and legal consequences, and therefore the degree of their social harm is different, and therefore there is a need to differentiate administrative liability depending on the intellectual property. Subjective signs of the administrative offences of this group, which are represented by their subject, are established, and the subjective side is characterized by the fact that they are committed only intentionally.

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13

Bortnyk, Nadiia, and Serhii Yesimov. "LEGAL REGULATION OF MEASURES OF ADMINISTRATIVE AND PROCEDURAL COERCION." Social & Legal Studios 13, no. 3 (September 29, 2021): 28–34. http://dx.doi.org/10.32518/2617-4162-2021-3-28-34.

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In accordance with the methodology of the system analysis, the legal regulation of measures of administrative and procedural coercion applied in administrative and tort law is considered. An analysis of the current Code of Ukraine on Administrative Offenses and the draft Code of Ukraine on Administrative Offenses prepared by the Ministry of Justice of Ukraine and other normative acts is carried out. It is noted that measures to ensure proceedings in cases of administrative offenses occupy a special place in the current administrative legislation. Measures of administrative and procedural coercion are procedural actions of administrative jurisdiction bodies and their officials regulated by administrative and procedural norms, which are carried out in the process of law enforcement activity in order to identify the offense, establish the offender, create conditions for clarifying the circumstances of the case, identify, investigate and consolidate evidence, ensuring the execution of the decision in the case. Special features of administrative and procedural measures of coercion are determined. Considering the coercive nature and restrictions imposed by the application of personal, property, organizational rights, there is a need for detailed regulation of the grounds, conditions, procedure of such measures. The structural separation of measures of administrative and procedural coercion in the procedural part of the normative and legal act on administrative offenses is important. It proves the need for legal optimization of measures to ensure proceedings in cases of administrative offenses. With regard to each measure of administrative and procedural coercion to ensure the proceedings in the case of an administrative offense, the rules of the normative and legal act should include the content of the constituent actions, specific goals, grounds and conditions of application.

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14

Stakhov, Aleksandr I. "Judicial Protection of Individuals in an Administrative Procedure by Means of Administrative Proceedings." Administrative law and procedure 6 (June 17, 2021): 34–41. http://dx.doi.org/10.18572/2071-1166-2021-6-34-41.

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The article highlights and studies judicial protection of individuals and organizations (individuals) in the administrative process as a special way of implementing justice on the appeals of citizens and their associations for the protection of their rights, freedoms, and legitimate interests in the course of Executive (non-judicial) and judicial administrative processes from the perspective of an integrative understanding of the administrative process. Taking into account the direct effect of the norms of the Constitution of the Russian Federation, the legal basis for judicial protection of individuals in administrative proceedings consists of two components: 1) the constitutional basis for; 2) legal grounds. Conducted a comprehensive analysis of the legal norms that constitute the constitutional basis and a legislative basis for judicial protection of individuals in administrative process, in which: justified the constitutional right of individuals to protection in the administrative process through the administrative procedure; is General conclusion that the subject of this judicial protection are contested in courts decisions and actions (inaction) of administrativepublic bodies and officials; the author substantiates the allocation of administrative court cases on the protection of individuals in administrative proceedings, which are divided into separate categories depending on the nature of the legal consequences of disputed decisions, actions (inaction) of administrative and public authorities and officials, as well as the nature of the dispute being resolved. In accordance with art. 72 of the Constitution of the Russian Federation allocated administrative law and administrative procedural decisions and actions challenged in court, in administrative proceedings, is the typology that best reveals the current level of processualists administrative activities public administration, other administrative public authorities and administrative public officials operating in the Russian Federation, allows you to identify priority areas of optimization of administrative proceedings in cases of settlement of administrative law disputes.

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15

Kisin, Valeriy R., and Sergey A. Malakhov. "The Status of the Legal Regulation of the Administrative Liability of Officials." Administrative law and procedure 9 (September 9, 2021): 48–52. http://dx.doi.org/10.18572/2071-1166-2021-9-48-52.

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Анотація:

The content of the subinstitution of administrative responsibility of officials is investigated, its characteristics are determined. As a result of the analysis of the relationship of its constituent legal norms, contradictions (collisions) are revealed between the legal provisions contained in article 2.4 of the Code of Administrative Offenses of the Russian Federation, which determine the general grounds and conditions for administrative responsibility of these entities and the norms of a number of articles of the Special Part of the Code. The analysis of the latter reveals legal uncertainty in establishing the factual grounds for the considered type of administrative responsibility.

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16

Kondratenko, Vitalii, та Valeriia Demynchuk. "FEATURES OF ADMINISTRATIVE LEGAL STATUS OF ORGANS OF JUSTICE ІN UKRAINE". Scientific Notes Series Law 1, № 9 (2020): 74–77. http://dx.doi.org/10.36550/2522-9230-2020-1-9-74-77.

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In the article a concept and exposed maintenance of administrative legal status of the system of organs of justice and directly Ministry of Justice of Ukraine are formed as complex of tasks, administrative duties and rights in the field of executive prescriptive activity on the grant of administrative services by structural subdivisions of the marked ministry and grounds of administrative responsibility in the field of it with the aim of providing of rights, freedoms and legal interests of physical and legal persons. To the elements of status of organs of justice a task, legal duties and rights, is attributed from their implementation, and administrative responsibility. Reasonably, that legal rights for Ministry of Justice of Ukraine are divided into certain kinds on questions a collaboration with a population, internal organizational activity, works with informative resources and measures of administrative compulsion. Separate attention displaces on the inalienable element of maintenance of administrative legal status of organs of justice as administrative responsibility of physical and legal persons, that is used in an analysable sphere.

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17

Maksimović, Nebojša. "State supervision over the local self-government in the Vidovdan Constitution." Zbornik radova Pravnog fakulteta Nis 60, no. 90 (2021): 207–23. http://dx.doi.org/10.5937/zrpfn0-32306.

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Анотація:

In the process of adopting the Vidovdan Constitution of the Kingdom of Serbs, Croats and Slovenes (1921), one of the topical issues was the form of supervision that the state government would exercise over the local self-government. In this article, the author first elaborates on the development of this constitutional document, with specific reference to the constitutional drafts proposed by the governments of Milenko Vesnić and Nikola Pašić, the amendments introduced by the Constitutional Committee, and the adoption of the constitution in the Constituent Assembly on 28 June 1921 (St. Vitus Day). The Vodovdan Constitution was the legal ground for adopting two important legislative acts in April 1922: the Law on General Administration and the Law on Regional and District Self-Governmnent. The author analyzes the constitutional and statutory provisions that regulated the legal position of state authorities in the administrative districts, counties and local self-government bodies, as well as their mutual relations. State supervision over the local self-government activities, primarily at the regional (district) level, has been observed in the context of state supervision over the administrative acts/ documents and local administrative bodies. In particular, the author focuses on the supervision over regional finances, considering not only the importance of these funds for the functioning of the regional self-government but also the restrictions which the regional government was exposed to. The aim of the research is to point out to the legal relations between the central (state) administration and local self-government in the Kingdom of Serbs, Croats and Slovenes, which were initially envisaged in the Vidovdan Constitution and subsequently instituted by the the 1922 Law on Regional and District Self-Government.

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18

Lončar, Zoran. "Reopening the administrative procedure." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 1 (2020): 195–214. http://dx.doi.org/10.5937/zrpfns54-26265.

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The new General Administrative Procedure Act of 2016 introduced a number of innovations in the system of extraordinary legal remedies. From the aspect of legal protection of the parties, the most should have been expected from the changes regarding the Reopening since it is an extraordinary legal remedy, which is by far the most commonly used in administrative practice, due to its existence of process material that was unknown during the conducting of the process. However, the legal regime of this extraordinary remedy has only slightly changed. The basic changes concerns the reasons for the reopening, the time limits within which it can be used, and the circle of entities legally legitimized for filing a reopening. Regarding the reasons for reopening, as the most important element of the legal regime, only minor linguistic corrections were made and only two new reasons were added, due to which the administrative procedure in Serbia today can be reopened even if the Constitutional Court of the Republic of Serbia is in the same administrative matter, the constitutional complaint, found a violation or denial of the human or minority rights and freedoms guaranteed by the Constitution, while not annulling the impugned decision, as well as if the European Court of Human Rights subsequently found in the same administrative matter that rights or freedom of the applicant are violated or denied. Due to the inadequately set objective deadline for filing a Reopening Procedure, which is inappropriately short for this type of reason, the practical importance of prescribing these two new Reopening procedure grounds is greatly diminished. In addition, by omitting the Public Prosecutor, the circle of entities legally legitimized for the Reopening is reduced only to the party from the administrative procedure and the administrative body that issued the final administrative act, which can be repeated ex officio, which in no way contributes, not only to improvement legal protection of the parties to the proceedings, but also the possibility of achieving a greater degree of objective legality in resolving administrative matter.

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19

Berke, David. "Reworking the Revolution: Treasury Rulemaking & Administrative Law." Michigan Journal of Environmental & Administrative Law, no. 7.2 (2018): 353. http://dx.doi.org/10.36640/mjeal.7.2.reworking.

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Анотація:

How administrative law applies to tax rulemaking is an open and contested question. The resolution of this question has high stakes for the U.S. tax system. The paradigm is shifting away from so-called “tax exceptionalism”—where Treasury action is considered effectively exempt from the Administrative Procedure Act (the “APA”) and related administrative law doctrines. This paradigm-shift is salutary. However, currently prevailing anti-exceptionalist theory—an administrative framework for tax that is rapidly gaining credence within both the federal judiciary and the legal academy—threatens to destabilize the U.S. tax system. This formalistic approach to administrative law in tax rulemaking has the potential to invalidate a wide swath of existing Treasury regulations and to preclude the timely promulgation of new tax rules. This Article argues that these two existing theories of tax administration— exceptionalism and anti-exceptionalism—are inadequate, often for complementary reasons. This Article’s critique then supports its proposals for tax rulemaking processes that comply with the APA, but in a workable manner that does not upend established tax law. These proposals provide an intellectual and practical middle ground between the exceptionalists and anti-exceptionalists.

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KEGEMBAYEVA, Zhanar, and Abzal ABDIKHALIKOV. "Administrative Coercion in the Activity of Law Enforcement Bodies." Journal of Advanced Research in Law and Economics 10, no. 3 (June 30, 2019): 787. http://dx.doi.org/10.14505//jarle.v10.3(41).13.

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Анотація:

This research dwells on the concept, specifics and classification of administrative and legal coercive measures used in the activities of law enforcement bodies. The authors of the article consider legal grounds for their application and the system of bodies applying administrative coercion as two separate phenomena. They also provide general characteristics of the international application of administrative coercive measures and address the issues of applying the chosen measures of administrative and legal coercion. The article aims at analyzing the notions, features and general characteristics of the main administrative coercive measures used in the activities of law enforcement bodies in the Republic of Kazakhstan. The paper presents conclusions and suggestions on the implementation of administrative and legal coercive measures used by law enforcement bodies. In addition, it considers the possibility of utilizing international experience in training employees who apply administrative coercive measures.

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21

Panasiuk, O. V. "Issues of Defining Administrative and Tort Relations as an Object of Legal Research." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 164–77. http://dx.doi.org/10.32631/v.2020.2.16.

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Анотація:

The concept of administrative and tort relations, their social nature, features (properties, characteristics), specific features as a type of administrative and legal relations, structure (objects, subjects and content) and types of administrative and tort relations have been characterized. The grounds for the origin, change and termination of administrative and tort relations, their separation from other similar relations have been highlighted. The author has distinguished three groups of subjects of administrative and tort relations. The first group of subjects are persons prosecuted for administrative torts. The second group includes the subjects of administrative and tort relations on the part of the state (agencies, officials). The third group of subjects includes all others (a victim, a lawyer, witnesses, etc.). The following stages of administrative and tort relations have been distinguished: initiation of the case, consideration and resolution of the case, execution of the decision (resolution) in the case, appeal and protesting the resolution. A number of characteristic features of administrative and tort relations inherent in other types of relations have been singled out. Administrative and tort relations have been compared with criminal and civil relations. The peculiarity of the subject composition of administrative and tort relations has been determined, based on the presence of a public administration authority and its officials as a subject of administrative jurisdiction. Specific features of administrative and tort relations have been distinguished. It has been determined that the structure of individual administrative and tort relations consists of subjects, object and content. Subjects of administrative and tort relations have been classified with the following types: 1) administrative offenders, as well as legal representatives of juvenile offenders; 2) officials authorized to use administrative coercion to prevent or terminate administrative offenses; 3) persons with administrative and jurisdictional powers; 4) persons who implement (perform) administrative penalties; 5) persons who are the third party in cases on administrative offenses. The author has raised the topical and debatable issue of the legal status of legal entities of private and public law within administrative and tort relations (in particular, their tort legal ability). Administrative and tort relations differ according to the subject that applies the norms of the Code of Ukraine on Administrative Offenses, i.e., based on the jurisdiction of cases of administrative offenses, the scope of administrative and tort relations, and depending on the stages and phases of proceedings on administrative offenses. It has been also noted that administrative and tort relations can be divided into property and non-property, material and procedural, those that occur within administrative procedure and those that occur within court procedure, etc. It has been concluded that there is a relatively separate area of relations – administrative and tort sphere among the variety of legal relations in Ukraine. Therefore, there is an objective need for the formation of administrative and tort law.

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Bury, Vitalіy. "ON ISSUES OF ADMINISTRATIVE LEGISLATION REFORM IN REPUBLIC OF BELARUS IN 2020 (PART 2)." Law Journal of Donbass 73 (2020): 71–79. http://dx.doi.org/10.32366/2523-4269-2020-73-4-71-79.

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Анотація:

First part of this article published in the current year journal’s issue no. 1 was concerned on methodological approaches to administrative legislation reformation in Belarus with regard to amendments to conceptual issues of administrative offences classification, system revision and differentiation of administrative penalties, reconsideration of essence of legal entities’ administrative responsibility, etc. Second part of this article is concerned on issues of administrative legislation reformation. It has been noted that improvement of legislation on administrative responsibility in Republic of Belarus should be carried out in full accordance with peculiarities of norms’ content and composition, concept of publicity and consequently public and fault-based responsibility for offence commitment. Matters of administrative legislation reformation from the perspective of synchronization of grounds for administrative responsibility with grounds for criminal responsibility and institute of such responsibility, expulsion of irrelevant and minimization of formal bodies of administrative offences (as well as offences having civil legal origin) from the Code of Republic of Belarus for Administrative Offences have been studied. The existence of problem of differentiation of amount of fine correlation as criminal punishment and as administrative penalty (such amounts are not synchronized and not harmonized between each other resulting in erosion of borderline between crimes and administrative offences) has been substantiated. It has been suggested to prescribe in court (or other authority empowered to conduct an administrative case) resolutions of penalty administration in the form of reprimand the recommendations on removal of causes and conditions of administrative offence committing and also to amend wording of Article 6.4 “Reprimand” of the Code of Republic of Belarus for Administrative Offences.

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VASILYEVA, A. F. "INDIRECT JUDICIAL CONTROL OVER THE LEGALITY OF ADMINISTRATIVE ACTS." Herald of Civil Procedure 11, no. 3 (August 30, 2021): 259–92. http://dx.doi.org/10.24031/2226-0781-2021-11-3-259-292.

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Indirect judicial control over the legality of administrative acts within the framework of which the court considers civil law claim whilst evaluates the legality of an administrative act with a missed deadline of direct retrial, is one of the most pressing and unresolved problems of civil and administrative law interplay. The permissibility of indirect judicial control over legally binding administrative acts generates inter-branch conflicts, ‘divergent legal implications’ that have negative impact both on the citizen, when his conduct, permitted by an administrative procedure, entails civil legal sanctions, and on the administrative body, since the civil law practice is a means of “invasion” into its competence to assess the circumstances of the case and make decisions in a particular managerial situation1. The approach of not accepting the binding nature of an administrative act which has legal force, established in the Russian legal system for the court considering a civil case, is perceived as an axiom that does not require proof. However, looking at the problem of binding nature of an administrative act through the prism of the German concept of legal force of administrative acts allows us to question the validity and effectiveness of this axiom for modern civil and public circulation. In German legal system indirect control over the legality of legally binding administrative acts is not possible, such acts are considered obligatory for the courts, with the exception of acts that are null. Thus, the limits of indirect judicial control over the legality of administrative acts are placed in their legal force, and the very concept of the legal force of administrative acts must be built on the grounds of harmonization of the underlying interactive principles: legality, legal certainty, protection of trust.

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Doiar, Ye. ". Impact for public administration of the results of concretization of administrative and legal norms during judicial enforcement." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 153–57. http://dx.doi.org/10.24144/2307-3322.2021.68.25.

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Having studied the legal implications for public administration of concretisation of administrative law during judicial application of law, the author substantiates that the pivotal direction of the impact of judicial application of law on the performance of governance functions by administrative authorities is the fulfillment by administrative courts of their purpose by interpreting and applying administrative law conducting, where necessary, their concretisation for the use of applicable legal provision for fair, accurate and comprehensive settlement of disputes relating rights and obligations of administrative-legal relations parties. This is particularly the case in complex law-application situations involving conflicts and gaps in the provisions of administrative law or stemming from the need to apply the law in systemic interconnection with general and sectoral goals and principles of administrative laws and regulations. Author refers to case-law concerning tacit consent in administrative permitting system. Interpreting tacit consent clause in conjunction with the general principles of the permitting system and of the purpose of this legal instrument, administrative courts stressed the inadmissibility of abusing of tacit consent aimed at enabling businesses to engage in certain economic activities even though they have not complied with the relevant regulatory requirements and seek to circumvent the control component of permitting procedures, misusing the tacit consent instrument for this purpose. As a result, the courts have identified those grounds for evoking tacit consent, that are based on the objectives and principles of the legislation on the permitting system in the field of economic activities and do not directly and clearly follow from the literal normative definition of tacit consent in the provisions of this legislation. The case-law as well determines safeguards preventing abusive practices of private entities, striving to circumvent requirements of the legislation on the permitting system, and, furthermore, it outlines improper procedural administrative practices that facilitate misuse of the tacit consent.

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Dec, Pawel, and Piotr Masiukiewicz. "Clawback Rule – The Ground of Managers Responsible. Model of Remuneration." Business Management and Strategy 9, no. 1 (March 8, 2018): 18. http://dx.doi.org/10.5296/bms.v9i1.12560.

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Анотація:

The paper concerns the duties and responsibilities of managers using the principle of clawback. The authors proposed their own model of financial model of construction of remuneration for managers. There are in practice ethical problems concerning the level of requirements and qualifications versus salary and the level of legal and financial liability, especially against top-managers of the largest enterprises; often in a situation of extensive economic and social impact of their decisions. The problem of a manager’s responsibility has a dual nature. On the one hand the manager is charged with overall responsibility for all financial and PR losses of a company, on the other hand the manager takes moral, legal and financial responsibility for particular decisions. This article considers the financial responsibility area. The subprime financial crisis has sparked a discussion about the responsibility of top management in the context of disclosure of large bonuses paid to the senior managers and lack of consequences for bankruptcies. Very high salaries the executives were paid, were not sufficiently related to the system of contractual and administrative responsibility.

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SHCHERBANYUK, Oksana. "Simplified Legal Proceedings in the Administrative Proceedings of Ukraine." European Journal of Law and Public Administration 7, no. 2 (March 12, 2021): 165–83. http://dx.doi.org/10.18662/eljpa/7.2/137.

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Анотація:

This article examines a simplified proceedings in administrative proceedings of Ukraine, its concept, regulatory, procedural features. The purpose of this article is to clarify the procedural aspects and problems of simplified action proceedings in administrative judicial procedure of Ukraine based on the experience of European countries. According to the objectives of the study the study used a set of methods and scientific knowledge as theoretical and scientific. The comparative legal method was used for the analysis of foreign models of simplified administrative matters and made the generalization of such experience. Systemic structural method applied to determine the procedural conditions of the grounds the use of simplified action proceedings in administrative proceedings. It is concluded that the Code of administrative proceedings of Ukraine contains a single mismatch and problematic aspects in terms of regulation of administrative matters under the rules of simplified action proceedings, in particular the duplication of regulations and partial inconsistency of their content. Such legislative regulation of the powers of the court fully consistent with the positions of the ECHR. It is therefore proposed to amend the Code of administrative proceedings of Ukraine, agreed with the practice of the European court of human rights.

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Kostrova, Olga V. "The Civil Law Mechanism of Compensation for Property Damage Caused by an Administrative Offense." Administrative law and procedure 8 (July 22, 2021): 64–67. http://dx.doi.org/10.18572/2071-1166-2021-8-64-67.

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Анотація:

Тhe paper analyzes the legal structure of Article 4.7 of the Administrative Code of the Russian Federation. The issues of compensation for property damage in civil proceedings are considered. It is necessary to specify the category of “legal dispute” and legislative changes regulating the procedure for reimbursement of court costs in administrative cases terminated on rehabilitative grounds and property damage as a result of an administrative offense.

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Lee, Marcus. "ORIGINATING STAND YOUR GROUND." Du Bois Review: Social Science Research on Race 16, no. 1 (2019): 107–29. http://dx.doi.org/10.1017/s1742058x19000092.

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AbstractSince the killing of Trayvon Martin, the Stand Your Ground law has come to emblematize contemporary racial injustice. Yet, the legitimacy of the statute endures, as more than thirty-three states maintain and enforce some version of Stand Your Ground. This article probes the legitimacy basis for Stand Your Ground by excavating and reconstructing its formative logic. Drawing on archival records of the Florida state legislature’s 2005 pioneering of the statute, I examine how lawmakers justified its introduction, design, and enactment. I find that proponents of Stand Your Ground framed it as a response to the cost impositions of criminal prosecution and civil action. In introducing Stand Your Ground, they sought to protect self-defensive actors against the burdens of administrative and judicial proceedings by granting them civil immunity. During the mark-up process, legislators held an extensive debate over the intended beneficiaries and victims of Stand Your Ground. Racial codes animated this debate: “drug dealers,” “gangs,” and “cop killers” represented the types of criminal subjects whom the legal protections of Stand Your Ground should exclude, while “violent criminals” in the “bad part of town” represented the intended objects of the statute’s authorization of deadly force. Ultimately, legislators translated the concerns raised during this debate into statutory design choices that baked race into Stand Your Ground.

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Ostrowska, Anna. "Effectiveness of Administrative and Legal Instruments for Animal Protection Used by Social Organizations." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 147–60. http://dx.doi.org/10.17951/sil.2021.30.3.147-160.

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Анотація:

The article is devoted to the issue of the effectiveness of administrative and legal instruments of animal protection granted to social organizations under the Animal Protection Act. The research purpose of the paper is to analyze the administrative and legal conditions of the interaction of social organizations with public administration and other entities in the field of animal protection and animal care, and as a result to verify the thesis that the activity of organizations has little influence on the effectiveness of the animal protection system. In order to achieve this goal, three research theses were formulated: 1) there are no rational grounds for depriving social organizations of the competence to temporarily remove an animal, which is the most effective means of protecting mistreated animals; 2) public administration bodies and their subordinate services should make wider use of the potential of social organizations in the sphere of consultative and educational activities; 3) the effectiveness of the activities of social organizations in the sphere of animal protection is adversely affected by superficial regulations concerning the cooperation of organizations with administrative bodies and public services. The article is a research paper of a national range of research. The author’s intention is to contribute to a broader discussion on the directions of socialization of the animal protection system.

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Lavreniuk, Yu F. "ADMINISTRATIVE AND LEGAL MEANS AND MEASURES OF ADMINISTRATIVE AND LEGAL SECURITY OF ECONOMIC INTERESTS OF UKRAINE: PROBLEMS OF THE GROUNDS OF APPLICATION." Scientific notes of Taurida National V.I. Vernadsky University. Series: Juridical Sciences, no. 2 (2021): 60–64. http://dx.doi.org/10.32838/tnu-2707-0581/2021.2/10.

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Lavreniuk, Yu F. "ADMINISTRATIVE AND LEGAL MEANS AND MEASURES OF ADMINISTRATIVE AND LEGAL SECURITY OF ECONOMIC INTERESTS OF UKRAINE: PROBLEMS OF THE GROUNDS OF APPLICATION." Scientific notes of Taurida National V.I. Vernadsky University. Series: Juridical Sciences, no. 2 (2021): 60–64. http://dx.doi.org/10.32838/tnu-2707-0581/2021.2/010.

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32

Leshchina, E. L. "Competition of Procedural Forms of Court Consideration of Public Service Disciplinary Disputes." Actual Problems of Russian Law 17, no. 1 (December 20, 2021): 49–59. http://dx.doi.org/10.17803/1994-1471.2022.134.1.049-059.

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Анотація:

The paper examines the features of the legal regulation of consideration of administrative disputes and public service disputes as one of their types by the courts of general jurisdiction. It is shown that, despite the public and managerial nature of state-official, disciplinary relations, public service disputes between civil servants and an authorized manager about the legality of disciplinary sanctions, as well as disputes between employees and their employers, are dealt with by the courts under the rules of the Code of Civil Procedure of the Russian Federation, since the legislation does not establish special jurisdictional rules for claims arising from public service disputes. The author substantiates the opinion that for administrative cases challenging (appealing) the decisions, acts (or omissions to act) of state authorities and other state bodies and their officials on the ground of their nature and content of legal relations underlying them, administrative proceedings constitute the preferred procedural form for their consideration. Currently, administrative proceedings do not have any legitimate possibility to consider a dispute complicated by civil claims. Based on the analysis of existing approaches to the choice of procedural forms of consideration of public service disputes, it is suggested that the court can consistently consider within one administrative case, first, the legality of an administrative act, and then the claims against the state body, which will require the revision of the concept of the Code of Administrative Court Procedure in the RF.

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Шерпаев, Владимир. "CONSTITUTIONAL DEFINITIVENESS IN THE SPHERE OF STRENGTHENING THE DEFENCE CAPABILITY OF THE RUSSIAN FEDERATION." Rule-of-law state: theory and practice 16, no. 3 (March 1, 2020): 160–64. http://dx.doi.org/10.33184/pravgos-2020.3.19.

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The article analyzes the sphere of strengthening the defence capability as the most important principle, substantiates the basic ground for protecting the constitutional order, reveals the ways of the formation and functioning of the army in our country. The article lists the provisions of the current Constitution of the Russian Federation related to the field of military security, as well as the administrative and legal regimes provided for by law.

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Fedorov, Aleksandr Vyacheslavovich. "On the issue of introduction of criminal responsibility of juridical persons for corruption crimes." Juridical world 12 (February 13, 2014): 43–47. http://dx.doi.org/10.18572/1811-1475-2014-12-43-47.

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The article substantiates the author’s conclusion to the effect that the introduction of criminal liability of legal entities is a forecast tendency of Russian criminal law policy development, and exposes objective grounds for introducing such a liability. It points out that criminal responsibility of bodies corporate is established in many countries and required by international obligations of the Russian Federation. The article contains data on the charging of legal entities in the Russian Federation with an administrative offence of illegal gratuity on behalf of a legal entity (Article 19.28 of the Code of Administrative Offences) and formulates reasons pointing out the insufficient effectiveness of the existing institution of legal persons’ administrative liability for acts of that type.

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Федоров, Александр, and Aleksandr Fedorov. "Criminal Responsibility of Legal Persons for Corruption-Related Crimes." Journal of Russian Law 3, no. 1 (December 24, 2014): 0. http://dx.doi.org/10.12737/7249.

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Анотація:

The article substantiates the author’s conclusion to the effect that the introduction of criminal liability of legal entities is a forecast tendency of Russian criminal law policy development, and exposes objective grounds for introducing such a liability. It points out that criminal responsibility of bodies corporate is established in many countries and required by international obligations of the Russian Federation. The article contains data on the charging of legal entities in the Russian Federation with an administrative offence of illegal gratuity on behalf of a legal entity (Article 19.28 of the Code of Administrative Offences of the Russian Federation) and formulates reasons pointing out the insufficient effectiveness of the existing institution of legal persons’ administrative liability for acts of that type.

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36

Bernatska, Zhanna. "ADMINISTRATIVE AND COMMERCIAL LAW AS A LEGAL BASIS FOR THE FORMATION AND IMPLEMENTATION OF THE ECONOMIC FUNCTION OF THE UKRAINIAN STATE." Administrative law and process, no. 3 (30) (2020): 5–16. http://dx.doi.org/10.17721/2227-796x.2020.3.01.

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The article is focused on clarifying the place of law norms, which are the basis for the formationand implementation of the economic function of the Ukrainian state within the legal system ofUkraine. The research is based on an in-depth analysis of national and foreign legal literature,primarily German one, focused on the system of law, the grounds for the division of law into publicand private, the system of administrative law as the branch of law, administrative and commerciallaw as the branch of Special Administrative Law.The purpose of the article is to substantiate the idea that administrative and commercial law isthe basis for the formation and implementation of the economic function of the Ukrainian state.The author has separately studied internal structure of this branch of Special Administrative Lawin order to single out new legal entities within its boundaries.System of methods. Generally scientific, special and legal techniques and methods of cognitionhave been used during the research. The historical method of cognition has been used whilestudying the history of the formation of views on the division of law into public and private.The formal and logical method has been used while classifying the criteria for dividing the lawinto public and private. The system and functional method has been used while studying the natureof the legal system and the structure of administrative law as the branch of law. The comparativemethod has been used to clarify approaches to understanding the system of administrative law inUkraine and Germany.Results. The use of the specified methods of scientific cognition made it possible: to state theexistence of the universally recognized theory of the division of law into public and private; tosubstantiate the need for strict adherence to this theory of the division of law while separatinglegal entities within those subsystems of law (branches of law, sub-branches of law and legalinstitutions); to emphasize the need to bring the system of administrative law in line with Europeancounterparts, which provide its inevitable division into General and Special Administrative Law; to single out new branches of law within the framework of Special Administrative Law, takinginto account the functional activities of public administration, as well as administrative and legalguaranteeing of the rights of individuals in the field of public administration.Conclusions. The conducted research allowed us to conclude that the formation and implementationof the economic function of the Ukrainian state is guaranteed by administrative and commerciallaw.The separation of this branch of Special Administrative Law is a logical consequence of: a) theapplication of the theory of law division into public and private to legal relations arising fromthe formation and implementation of the economic function of the Ukrainian state; b) thoroughreform of the system of administrative law of Ukraine, which provides the separation of newbranches of law within the Special Administrative Law; c) approximation of Ukraine to theEuropean administrative space, which stipulates bringing the national legal system in line withthe EU legal system.Administrative and commercial law, like any branch of law, consists of small legal entities thathave been formed within its boundaries. We offer to expand the list of institutions of administrativeand commercial law based on new institutions: a) the institution of forecasting and planning ofeconomic development of Ukraine; b) the institution of protecting the rights of business entitiesand consumers; c) the institution of state assistance to chambers of commerce and industry; d) theinstitution of management of economic activity within public sector of the economy.

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Bukreev, M. Yu. "Responsibility for administrative delicts within banking operations." Law and Safety 69, no. 2 (December 26, 2018): 18–22. http://dx.doi.org/10.32631/pb.2018.2.02.

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The article is focused on scientific problems of administrative law. The author analyzed the scientific notions of administrative responsibility. The author gave a definition of administrative responsibility for administrative delicts within banking operations. The author identified specific features of administrative responsibility within banking operations. The article deals with the scientific approaches to the definition of responsibility for administrative delicts within banking operations. The author, with the help of the deductive method, outlines the scientific theories that interpret the responsibility for administrative delicts within banking operations. The author of the article substantiates the theory of responsibility for administrative delicts within banking operations, namely: security, punitive, management, coercion, obligation, conviction. The author considers the features that are inherent for administrative responsibility within banking operations. The author names specific features that are inherent for administrative responsibility within banking operations, namely: small public harm is based on normative, factual and procedural grounds, has negative consequences for delinquency, is accompanied by public condemnation of delicts, does not involve cryptography. It has been concluded that administrative responsibility for delicts within banking operations is the application of enforcement action for a delinquent offender (an individual or a legal entity) for the violation of banking legislation by the National Bank of Ukraine that are stipulated by the relevant administrative and legal norm. Responsibility for administrative delicts within banking operations is an element of state management mechanism, challenged to restore violated legal relations within banking operations that is protected by the relevant administrative and legal norm by imposing administrative fines for a delinquent offender.

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Leshchina, E. L. "Administrative Procedural Status of Participants in Disciplinary Proceedings." Actual Problems of Russian Law 15, no. 3 (April 9, 2020): 112–20. http://dx.doi.org/10.17803/1994-1471.2020.112.3.112-120.

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The paper examines the legal status of participants in disciplinary proceedings, identifies and analyzes the existing points of view on their classification. Having brought together a number of approaches, the author proposes to classify participants in disciplinary proceedings on the following grounds: 1) according to their functional role in production; 2) depending on the obligatory nature of their participation in production; 3) depending on the interest of participants in the disciplinary proceedings in its results. The following is a description of the administrative and procedural status of participants in proceedings in disciplinary cases. The author substantiates proposals for improving the legal status of a civil servant in respect of which disciplinary proceedings are carried out. It is concluded that disciplinary proceedings as a whole are a means of realizing the legitimate interest of its participants. In conclusion, the author expresses the opinion that the current state of legal regulation of the legal status of participants in disciplinary proceedings in the civil service system of the Russian Federation in the context of incomplete reform of the civil service institution is far from being perfect.

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Knyazev, Sergey D., Konstantin V. Aranovskiy, and Yuri M. Danilov. "Administrative offences law (constitutional prospects of codification)." Law Enforcement Review 4, no. 3 (October 5, 2020): 123–38. http://dx.doi.org/10.24147/2542-1514.2020.4(3).123-138.

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The subject of the research is the problems of constitutional law enforcement of administrative offences legislation, taking into account the prospects for its new codification. The purpose of the article is confirmation or confutation of the hypothesis that the effectiveness of the new Code of administrative offences depends on whether the legal positions of the Constitutional Court of the Russian Federation on the principles of administrative responsibility will be taken into account when drafting it. The authors use methods of complex analysis, synthesis, as well as formal-legal method of interpretation of Constitution, legislation on administrative offences and judicial decisions of Russian Constitutional Court. The main results and scope of their application. The administrative torts law in Russia is expected to pass through the total review up to the grounds of its codification in close future. The article presents initial positions of that changes within basic frames produced by Russian Constitutional Court. Its case-law has already invaded into many spheres and details in respective sphere of legal rules and also prescribed a lot for their future. This case-law yet is necessarily made within its inherent range for it is ever constrained procedurally by content of actions and cases to be settled. However Russian administrative torts law is destined for reformation in new code-making in view of constitutional case-law and in order to do better with neighbor spheres of legal responsibility. Disputable matters of administrative liability, the company’s responsibility with psychical fiction on its fault (corporative thinking, wishing, desire, diligence), substantial and procedural equity etc. are described and discussed in the article as to the administrative law of torts on in its constitutional dimension. Conclusions. The Code of administrative offences of the Russian Federation does not fully meet the legal needs of society. Work on real improvement of this code will continue, therefore, legal science should be more strongly and persistently to implement in legislative practice constitutional ideas about improvement of codification and ensuring unity of legal space of the country. In particular, it is necessary to settle the debatable aspects of tort liability, the guilt of legal entities when it is addressed by fiction to the phenomena of the psyche (thinking, goals, will, caution), the constitutional and legal foundations of justice in the field of administrative penalties, procedural enforcement of rights and freedoms, etc.

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Ermakova, Elena P. "Specifics of resolving disputes in the field of climate protection by state courts and arbitration." RUDN Journal of Law 26, no. 1 (March 24, 2022): 192–209. http://dx.doi.org/10.22363/2313-2337-2022-26-1-192-209.

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The article is devoted to the study of climate claims, including new types of such claims, recorded in a number of countries in 2020-2021. They involve claims for the protection of human rights and claims against private companies. In addition, the author analyzes the most common grounds for argumentation of the plaintiffs positions in climate claims based on international, constitutional, administrative, and tort law. The most common legal doctrines that were used by courts as the ground for decisions on climate claims have been studied. The purpose of the study is to form an idea of a new type of claims (claims in the field of climate protection or climate claims) based on the analysis of regulations, judicial practice of foreign countries and scientific sources. The methodology includes empirical methods of comparison, description, and interpretation, theoretical methods of formal and dialectical logic, special methods such as legal-dogmatic and legal norms interpretation. The study showed that judicial and arbitration proceedings on climate issues have become an effective tool used by citizens and non-governmental organizations to ensure compliance with or strengthening of the climate commitments made by governments in accordance with the 2015 Paris Agreement.

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Лаврентьева, Ирина, Irina Lavrentieva, Анатолий Квитчук, and Anatoly Kvitchuk. "Theoretical and legal aspects of improving administrative legislation in the field of road safety and certain provisions of the Code of administrative offences." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2019, no. 3 (October 15, 2019): 35–42. http://dx.doi.org/10.35750/2071-8284-2019-3-35-42.

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Анотація:

Modern public administration is based on the legal basis. It determines the need to build a system of legal acts in a logical and consistent system. Law-making should be based on the social essence of law and its functions. The research indicates the imperfection of certain normative legal acts and the need to improve the legislation. The task of legal sciences is to offer a concept of legislation that will meet the needs of society, take into account the socio-economic development of the state interests of the individual. Special regulation is required in the field of public life such as road safety, affecting most branches of law. The definition of the concept of the individual branches of law governing this area should be based on a general concept. It determines the relevance of the study, which examines the theoretical approaches to the formation of the concept of legal regulation and through its prism the possibility of forming the concept of individual normative legal acts is considered, including the concept of a new code of administrative offences. The study used general scientific research methods: analysis, synthesis, abstraction, generalization and deduction, as well as general scientific empirical methods such as observation. As a result of the study conducted in the article, the conclusions are made that specific legislative acts should not only be consistent with the general system of legal norms, among themselves and meet the requirements of legal technology, but also consistent with the social grounds of legitimization. Taking into account the conclusions drawn, the question of the need to revise the concept of the code of administrative offences is considered and certain provisions are proposed that can be taken into account in its formation.

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Skulová, Soňa, Lukáš Potěšil, David Hejč, and Radislav Bražina. "Effectiveness of Judicial Protection against Administrative Silence in the Czech Republic." Central European Public Administration Review 17, no. 1 (April 24, 2019): 43–68. http://dx.doi.org/10.17573/cepar.2019.1.03.

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Анотація:

This paper is devoted to the issue of judicial protection in case of (or against) administrative silence (inactivity) and its effectiveness on the case study of the Czech Republic. The aim of judicial protection against administrative silence is to help solving or terminating administrative silence quickly, otherwise, an imaginary vicious circle is created. The purpose of the paper is to verify whether judicial protection is indeed effective by surveying the related legislation and court practice (especially the length of proceedings) dealing with the so-called inactivity. The methods of analysis applied are normative analysis, literature review, statistical analysis of decision-making activities of courts and deduction. Our findings establish that due to the excessive length of court proceedings and incomprehensible legal regulation it is difficult to view the judicial protection against administrative silence as being a speedy and effective instrument of remediation of inactivity on the part of administrative authorities. The results can serve as a ground to compare the situation with other similar countries and to exchange best practices.

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Myronyuk, Roman, and Serhiy Shatrava. "Consideration of administrative cases on forced alienation of land plots for motive public needs: judicial practice and perspective." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (December 29, 2020): 180–86. http://dx.doi.org/10.31733/2078-3566-2020-4-180-186.

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Анотація:

The article analyzes the legal basis of the courts in considering administrative cases of forced alienation of land for reasons of public necessity. The subject of research within this scientific article is public relations that arise during the judicial review of administrative cases of forced alienation of land for reasons of public necessity. The objectives of the study within its subject are: to clarify the legal basis for the judicial review of administrative cases of forced alienation of land for reasons of public necessity; determination of court proceedings for this category of administrative cases; clarifying the shortcomings of the jurisprudence of this category of cases and making individual proposals for its improvement. As a result of the analysis of case law, the authors conclude that when considering this category of cases the most difficult problems are: lack of effective pre-trial dispute resolution, difficulty of collecting and evaluating evidence in the case, in particular regarding confirmation of land valuation and legality of its intended use. social needs; determination of the terms of court proceedings, execution of a court decision, etc., the solution of which determines the purpose of the study. In the framework of the study, in order to fulfill its tasks, the materials of the practice of consideration of this category of cases by the courts were analyzed. plots for public needs; determining the truth of "public needs of forced alienation of land and objects located on it"; determining the objectivity of the assessment of the alienated property. Some scientifically substantiated directions of improvement of legal bases of activity of courts concerning consideration of administrative cases on compulsory alienation of the ground area for reasons of public necessity are offered.

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Purge, Anna Rolandovna. "To the question of legal nature and directions of social control." Административное и муниципальное право, no. 5 (May 2020): 48–59. http://dx.doi.org/10.7256/2454-0595.2020.5.32964.

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Examination of the legal nature of social control is one of the key trends in its development, while maintaining a balance between democratic and humanistic values on the one hand, and requirements of imperative and authoritative-compulsory method of public administration on the other. The object of this research is the questions related to realization of social control in the Russian Federation. The subjects of this research became the public relations associated with the grounds and order of execution of social control in the Russian Federation. Research methodology contains the general scientific methods (of sociology, political science and logic) along with special legal methods, namely the methods of legal-systematic analysis. Current social processes are characterize by two oppositely directed trends: on one side, strengthening of the middle class, layer of business owners and self-employed citizens, development of the element of capitalism; while on other side – the complication of social life, demand for the new and more effective means of administrative control, which is reflected by epidemic situation in Russia. Therefore, the conducted assessment of development capacity of social control should consider its impact (which is not always positive) on the capabilities of public administration. An attempt is made to align the development of social control with the demand for improvement of administrative regimes.

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45

G. G., Ivshina. "Cancellation of Licenses and Other Special Permits in the Field of Business Activities as Administrative Enforcement Measures: the Essence, Grounds and Problems of Application." Rossijskoe pravosudie, no. 9 (August 23, 2021): 20–34. http://dx.doi.org/10.37399/issn2072-909x.2021.9.20-34.

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The article deals with topical issues of understanding the essence, grounds and conditions for applying to legal entities-commercial organizations, and individual entrepreneurs such measures of administrative and legal influence as the cancellation of licenses or other special permits granted to them to carry out certain types of business activities or to perform certain actions in the field of entrepreneurship. In administrative law science, there are different approaches to determining the substance of the administrative legal measure under consideration and the purposes of its application. Cancellation of licenses and other special permits is qualified in the literature as a measure of administrative warning, as an administrative and preventive measure, as a preventive and restorative measure, and even as a measure of administrative responsibility. The rules governing the granting and cancellation of licenses and other special permits are not systematized, they are contained in a variety of Federal laws and laws of the subjects of the Russian Federation that establish various grounds for termination of the relevant licenses and permits, including those that are not related to the Commission of any offenses. In this regard, there is a need to conduct a study of the legal nature, grounds and purposes for revoking licenses and other special permits granted to business entities. The purpose of the research is to identify problems of theoretical understanding, regulatory regulation and practical application by Executive authorities, local government bodies and courts of this administrative and legal measure and develop possible approaches to their solution, including by making the necessary changes and additions to the current licensing and permitting legislation. Based on this goal, the research aims to study the relevant Federal laws, scientific and educational literature, analysis and synthesis of materials of judicial practice in cases of revocation of licenses and other special permits issued to commercial organizations and individual entrepreneurs. During the preparation of the work, methods of formal legal analysis and synthesis of normative material and judicial practice were used. As a result of the research the author formulated the following main conclusions: 1) depending on the legally established grounds and purposes for applying the cancellation (termination) of a license or other special permit issued to a legal entity or individual entrepreneur, this measure may be referred to as administrative measures or administrative-legal confirmation of the loss by the license holder of the special right granted to him in the field of business; 2) cancellation of a license or other special permission in the sphere of business activity as a measure of administrative restraint is an authoritative influence of a competent administrative and public body or arbitration court on a legal entity or individual entrepreneur who has been granted a license or other special permission to carry out certain types of business activity or to perform certain actions in the field of business, consisting in making a decision on cancellation (cancellation, invalidation) of the specified licenses or permits in connection with violations committed by their holders of mandatory, including license, requirements aimed at forcibly terminating the relevant illegal activities or actions; 3) a license or other special permit may be revoked (revoked, invalidated) only if the following conditions are met: 1) the holder of a license or other special permit has committed gross (significant) violations of mandatory (license) requirements; 2) prior to the decision to revoke (revoke, invalidate) a license or other special permit, the following administrative enforcement measures were consistently applied to their holder: issuing an order to stop the violations committed and eliminate their harmful consequences; suspending the license (permit) in case of non-fulfillment of the issued order with the issuance of a second order that was not executed within the established period; 4) in order to ensure uniform legal regulation of the granting and termination (cancellation) of licenses and other special permits for certain types of business activities or for performing certain actions in the field of entrepreneurship, it is necessary to prepare and adopt the Federal law «On the basis of licensing and permitting activities in the Russian Federation», which, among other things, must exhaustively define the cases, grounds and procedure for canceling these licenses and permits. Тhe procedure for consideration by arbitration courts of cases on revocation of licenses and other special permits should be set out in a separate Chapter of the Arbitration procedure code of the Russian Federation.

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46

Klonowska, Iwona. "Review of the monographic study «Corruption-related offenses: administrative legal grounds of counteraction» by Doctor of Legal Sciences Vasyl Franchuk and Doctor of Legal Sciences Dominika Daria Korecka-Szukiewicz (Warsaw: Publishing House «Difin»)." Social & Legal Studios 13, no. 3 (September 29, 2021): 214–16. http://dx.doi.org/10.32518/2617-4162-2021-3-214-216.

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This monograph is determined that corruption as a phenomenon that is a natural result of the joint development and formation of both Ukraine and world community in general is one of the main criteria for distinguishing corruption offenses from corruption-related offenses, because signs of corruption-related offenses are as follows: no signs of corruption; actions violate requirements, prohibitions and restrictions established by the Law of Ukraine «On Prevention of Corruption»; committed by a person specified in Art. 3 of the Law of Ukraine «On Prevention of Corruption»; following legal liability is provided: criminal, administrative, disciplinary and/or civil. Specific proposals to address the most problematic issues of administrative liability for corruption-related offenses, which found their objectification in conclusions to the work and proposals to improve administrative and legal, as well as within certain criminal legal regulation of special confiscation in the legislation of Ukraine were formulated based on what was discovered during the study.

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Sultanova, Anna. "On the Transformation of the Administrative and Legal Status of the Prime Minister of the Russian Federation: Political and Legal Aspect." Legal Concept, no. 2 (July 2021): 114–20. http://dx.doi.org/10.15688/lc.jvolsu.2021.2.15.

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Introduction: after the adoption of Federal Constitutional Law of 14.03.2020 No.1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” and its approval in the course of the all-Russian vote with the subsequent amendments to the Constitution of Russia, it was necessary to revise a number of normative legal acts concerning the regulation of issues of the organization of public power. In particular, the amendments to the Constitution changed the procedure for the formation and functioning of the Government of the Russian Federation and changed the administrative and legal status of not only the Government, but also its Chairman, as well as the members of the Government, which required the adoption of a new Federal Constitutional Law “On the Government of the Russian Federation”. In this connection, the author aims to study the transformation of the administrative and legal status of the Prime Minister. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including the comparative legal method, the method of system-functional analysis, comparative legal analysis. Results: the author’s wellfounded position on the essence of the transformation of the administrative and legal status of the Prime Minister is based on the analysis of the dynamics of the legislation development and is confirmed by modern competent research in the field of constitutional and administrative law. Based on the comparative legal analysis, the study of the elements of the administrative and legal status of the Prime Minister is carried out. The questions are raised about the directions of the transformation of the administrative and legal status in the context of the amendments to the Constitution of 2020. Conclusions: as a result of the study, it is concluded that the administrative and legal status of both the Prime Minister and the Government itself is increasingly dependent on the President, which gives the grounds for researchers to conclude that it is necessary to define Russia in the direction of the classical form of republican government: either presidential or parliamentary. The author proves that the administrative and legal status of the Prime Minister has undergone a number of changes in terms of restricting his rights, including in the formation of the structure of the executive authorities, the management of the Government activities, reporting and responsibility to the President, etc. At the same time, the powers of the President to lead the executive authorities have been expanded, which leads to the idea of Russia’s becoming a classic presidential republic, when the President heads the Government.

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48

Nieścior, Bartosz. "The Ostmarkgesetz of 14 April 1939 – One of the Normative Grounds of the Annexation Of Austria." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 13 (December 31, 2021): 233–51. http://dx.doi.org/10.14746/ppuam.2021.13.11.

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The article presents the political and legal changes that accompanied the passing and then the introduction of the Ostmarkgesetz in Austria in 1939. It also contains a detailed analysis of the structure and layout of this normative act. The Ostmarkgesetz was extremely important because it thoroughly changed the administrative organization and introduced a new administration of the state in this area. The consequences had a significant impact on the Austrian legal order. This law is considered to be one of the main tools of the direct annexation of Austria by the Third Reich. This was the beginning of the subsequent war conquests of the Nazi state.

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49

Reva, Vladyslav. "Legal basis for appealing decisions, actions or inaction of customs authorities." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 19 (2020): 96–103. http://dx.doi.org/10.34079/2226-3047-2020-10-19-96-103.

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This scientific article, based on the analysis of international law, states that one of the main provisions in this area should be the principle according to which citizens' appeals against decisions of administrative bodies are grounds for suspending the implementation of this decision. If national law does not provide for this, citizens should be given the opportunity to apply to administrative or judicial authorities to suspend the execution of the contested decision in order to secure their rights and interests. It is proved that the possibility of appealing to customs authorities with complaints about illegal decisions, actions or inaction of their bodies and officials is an important means of protecting the rights of individuals and legal entities in the customs sphere. At the same time, work with complaints strengthens control over the activities of customs authorities, restores public confidence in customs authorities, and also helps to identify shortcomings in the work of customs authorities of organizational or regulatory nature. It is emphasized that the Customs Code of Ukraine provides for two procedures for appeal, namely: appeal against decisions, actions or omissions of customs authorities, their officials and other employees to officials and higher authorities (pre-trial procedure); appeal against decisions, actions or omissions of customs authorities or their officials in court (court procedure). The author reveals the content of this issue in more detail. It is argued that appealing against the actions and decisions of public administration bodies in court is not an easy way. This form of administration of justice requires qualified legal assistance, especially in the preparation of documents. The need to regulate the procedure of administrative appeal in more detail at the legislative level is argued, which is a necessary condition given the need to eliminate the manifestations of subjectivity in the consideration and resolution of complaints, ambiguous application of substantive law. It is also justified to combine the procedure for appealing against decisions, actions or omissions of customs authorities in one normative act.

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Kutsenko, Kateryna. "LEGAL STATUS OF THE COURT SESSION SECRETARY IN CIVIL AND ADMINISTRATIVE PROCEEDINGS." Administrative law and process, no. 4 (31) (2020): 55–66. http://dx.doi.org/10.17721/2227-796x.2020.4.05.

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The scientific research is focused on the legal status of the court session secretary in civil and administrative proceedings. The purpose of the article is to determine specific features of the legal status of the court session secretary. The objective of the research is to develop recommendations for amending the current legislation to improve the legal status of the court session secretary. The methodological basis of the research constituted general scientific and special legal methods of cognition. The author has used the method of philosophical dialectics among the general scientific methods, which is revealed through the methods of analysis and synthesis, ascent from simple to complex, from abstract to concrete, modeling, abstraction, idealization and formalization. The special legal methods used in the research combine systemic, theoretical and legal, formal and dogmatic, comparative and legal methods of cognition, as well as the method of state and legal modeling. The norms of legislative acts and by-laws regulating the legal status of this official have been analyzed. The author has defined specific features of the legal status of the court session secretary related to the public service, belonging to the court administration, place and significance in civil and administrative proceedings. Specific features of the legal status of the court session secretaries are to apply the rights and responsibilities of civil servants to them; to appoint them to the position based on the results of the competition; the submission of a declaration of their property status for the previous year before the appointment; to apply restrictions of civil servants and anti-corruption restrictions for them. Remuneration, social and legal protection of the court session secretaries are determined in accordance with the legislation on public service; they exercise their powers within the internal labor regulations established for court staff, they comply with the rules of conduct for court employees and ethical requirements for civil servants in relations with court staff and visitors. Among specific features of the legal status we should name the existence of special grounds for bringing to disciplinary liability, the focus of powers on organizational provision of the case hearing by a judge, the impact of the nature of communication (interaction) of the court session secretary with the participants in the trial on the authority of the judicial power in society, the possibility to file the motion to recuse the court session secretary in civil and administrative proceedings. The author as a result of studying the researched problem has formulated own definition of the “legal status of the court session secretary”. It has been offered to amend the current legislation, which determines the legal status of the court session secretary.

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