scholarly journals Vliv organizace státní správy na (místní) příslušnost soudů ve správním soudnictví

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 117-129
Author(s):  
Lukáš Potěšil
Keyword(s):  
Case Law ◽  
Legal Regulation ◽  
The State ◽  
General Nature ◽  
Basic Question ◽  
The Public ◽  
State Administration ◽  
Administrative Courts ◽  
Practical Nature ◽  
Administrative Justice

This paper deals with changes that have taken place in the organisation of state administration from the perspective of administrative justice and its local jurisdiction. In order to do so, the paper answers the basic question of whether the organisation of state administration (in terms of the local jurisdiction of administrative authorities) and the organisation of administrative courts (also in terms of their local jurisdiction) are related or not. In this context, it is worth considering whether the organisation of administrative justice should follow the organisation of the public/state administration as such and its trends, or even the opposite, and whether the two phenomena should not be independent of each other. The paper summarises the issue of the criteria for determining the local jurisdiction of administrative courts, the legal regulation of which has undergone certain developments, similar to the development of the legal regulation of the organisation of the state administration. The question is whether any common indicators can be traced. The issue under examination is not only of a purely practical nature, such as the criteria for determining the local jurisdiction of an administrative court. It is related to the overall state of both the state administration and the administrative justice and their organization, and it offers a number of questions of a more general nature, such as the formal and informal impact of “its” regional court on the administrative authorities within its jurisdiction, the influence of their case law on “local administrative law”, the question of the availability of administrative courts, or access to them, as well as their caseload. Overall, the paper discusses whether it is possible to find any relationship, or rather consequences, arising from the local jurisdiction of administrative authorities, resulting of course from the form of the organisation of the state administration, and the (non)corresponding local jurisdiction of the administrative justice. Possible de lege ferenda considerations in terms of the organisation and local jurisdiction of the administrative justice are also mentioned.

scholarly journals The Meaning of the Expansion of Administrative Court that Covers Factual Actions

2019 ◽  
Vol 1 (1) ◽  
pp. 177-192
Author(s):  
Fellista Ersyta Aji
Keyword(s):  
Data Collection ◽  
Qualitative Approach ◽  
The State ◽  
The Public ◽  
Government Administration ◽  
Research Material ◽  
State Administration ◽  
The Law ◽  
The Government ◽  
Administrative Justice

The Administrative Court and Law No. 5 of 1986 on State Administrative Justice have been provided facilities for the public to sue the government and ask to cancel the decision made by the government. Law No. 30 of 2014 on Government Administration has been stipulated that Government Administration Act more or less supersedes the provisions contained in the Law of the State administrative justice. Especially in this Law which attracts attention is the expansion of object disputes state Administration. The object of the state Administration dispute in this Act is different from its elements to the Law of the State administrative justice. One of these is a written stipulation that includes factual action. There is no explanation for the meaning of factual acts in this Administrative Administration Act. Therefore, further research is needed in this regard. This study aims to find out and understand the meaning of factual actions in Article 87 letter (a) of Law Number 30 of 2014. This study uses a qualitative approach to the type of research Normative Juridical. Data collection techniques are Library study is to collect data conducted by reading, quoting, recording and understanding various literature that have to do with research material. The object of the state Administration disputed in Law Number 5 of 1986 and its amendment has expanded on Law Number 30 Year 2014 on Government Administration. When the object of the dispute expands, it will affect the decision taken by the legal practitioner in this case is the state Administration judge.

Assessment of the public administration of e-commerce development in the Republic of Kazakhstan

2021 ◽  
Author(s):  
Г.Р. Даулиева ◽  
А.Е. Ералиева ◽  
G. Dauliyeva ◽  
A. Yeraliyeva
Keyword(s):  
Structural Changes ◽  
Legal Regulation ◽  
The State ◽  
Digital Data ◽  
Practical Significance ◽  
The Public ◽  
State Management ◽  
State Administration ◽  
The Republic ◽  
Available Information

Пандемия подстегнула развитие рынка розничной электронной коммерции в Казахстане. По данным исследования PwC Kazakhstan, за год этот сегмент вырос на 93%. Целью исследования является оценка государственного управления развития электронной коммерции в Республике Казахстан. Развитие электронной коммерции вызывает неизбежные структурные изменения в экономике. Сложность регулирования цифровой среды заключается, главным образом, в ее нестатичности, постоянном развитии и изменении. Впервые объектом регулирования становятся правоотношения, связанные с реализацией прав в цифровом пространстве, использованием цифровых данных и технологий. По мнению многих юристов, изучающих эту сферу, должны, соответственно, обновляться и методы правового регулирования. Научная значимость исследования обоснована анализом развития рынка электронной коммерции в РК. Практическая значимость исследования обоснована возможностью использования материалов исследования оценке государственного управления электронной коммерцией в РК. Исследование осуществлялось в рамках доступной информации международных, государственных и общественных организаций, а также научно-практических публикаций в ведущих изданиях периодической печати и интернете. Исследование проводилось с использованием аналитических, сравнительных и оценочных методов, на основе статистических данных, по которым были сделаны следующиевыводы и предложены рекомендации: развитие логистических центров и сортировочных центров; назначение налоговых преференций и введение моратория на налоги для интернет-компаний; интеграция процессов БВУ в межбанковскую систему платежных карт; снижение комиссий по имуществу, подлежащему использованию физическими лицами. The aim of the study is to assess the state administration of e-commerce development in the Republic of Kazakhstan. The development of e-commerce is causing inevitable structural changes in the economy. The complexity of regulating the digital environment lies mainly in its instability, constant development and change. For the first time, legal relations related to the exercise of rights in the digital space, the use of digital data and technologies are becoming the subject of regulation. In the opinion of many lawyers studying this area, the methods of legal regulation should be updated accordingly. The scientific significance of the study is substantiated by an analysis of the development of the e-commerce market in the Republic of Kazakhstan. The practical significance of the research is substantiated by the possibility of using research materials to assess the state management of e-commerce in the Republic of Kazakhstan. The study was carried out within the framework of available information from international, state and public organizations, as well as scientific and practical publications in leading periodicals and the Internet. The research was carried out using analytical, comparative and evaluative methods, based on statistical data, on which appropriate conclusions were made and recommendations were made.

scholarly journals Public administration as an object of administrative and legal regulation

2020 ◽  
Vol 3 (3) ◽  
pp. 65-72
Author(s):  
Yuriy Payda
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Central Executive ◽  
The State ◽  
Local State ◽  
Executive Power ◽  
The Public ◽  
Head Of State ◽  
Territorial Unit ◽  
State Administration

The concept and legal nature of public administration have been analyzed. The analysis of research works has allowed to state that the term "public administration" is considered in two aspects - structural and procedural (or functional) where public administration should be understood as executive bodies, local self-government bodies, as well as entities endowed by the state with public administration functions that perform public administration functions and whose purpose is to ensure the interests of the state and society as a whole, and their activities carried out within the law. The principles of administrative and legal regulation of public administration in Ukraine and the concepts, principles of administrative and legal regulation of public administration have been studied. The author has found out that the essential features of public administration are: public administration is subordinated to political power (i.e., parliament, head of state); public administration ensures the implementation and application of laws (i.e., implements the political decisions of parliament); public administration acts (should act) in the public interest; public administration is endowed with the prerogatives of public authority (that is, powers that allow mandatory instructions to be given to individuals). While the system of central executive bodies consists of the ministries of Ukraine and other central executive bodies the system of central executive bodies is a component of the system of executive bodies, the highest body of which is the Cabinet of Ministers of Ukraine. The local state administration is a local executive body and is part of the system of executive bodies. The local state administration, within the limits of its powers, exercises executive power on the territory of the respective administrative-territorial unit, as well as exercises the powers delegated to it by the relevant council.

Public hearings as an institution of deliberative democracy in major Russian and American cities

2021 ◽  
Vol 30 (1) ◽  
pp. 59-83
Author(s):  
Andrey Fursov
Keyword(s):  
United States ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Legal Regulations ◽  
Federal Law ◽  
The Public ◽  
Public Hearings ◽  
The Russian Federation

Currently, public hearings are one of the most widespread forms of deliberative municipal democracy in Russia. This high level of demand, combined with critique of legal regulations and the practices for bringing this system to reality – justified, in the meantime, by its development (for example, by the Agency for Strategic Initiatives and the Public Chambers of the Russian Federation) of proposals for the correction of corresponding elements of the legal code – make both the study of Russian experiences in this sphere and comparative studies of legal regulations and practical usage of public hearings in Russia and abroad extremely relevant. This article is an attempt to make a contribution to this field of scientific study. If the appearance of public hearings in Russia as an institution of Russian municipal law is connected with the passing of the Federal Law of 6 October 2003 No.131-FZ, “On the general organisational principles of local government in the Russian Federation,” then in the United States, this institution has existed since the beginning of the 20th century, with mass adoption beginning in the 1960s. In this time, the United States has accumulated significant practical experience in the use of public hearings and their legal formulation. Both countries are large federal states, with their own regional specifics and diversity, the presence of three levels of public authority and different principles of federalism, which cause differences in the legal regulation of municipal public hearings. For this reason, this article undertakes a comparative legal analysis of Russian and American experiences of legal regulation and practical use of public hearings, on the example of several major municipalities – the cities of Novosibirsk, Nizhny Novgorod, Voronezh and New York, Los Angeles, and Chicago. A comparison of laws influencing the public hearing processes in these cities is advisable, given the colossal growth in the role of city centers in the industrial and post-industrial eras. Cities in particular are the primary centers for economic growth, the spread of innovations, progressive public policy and the living environment for the majority of both Russian and American citizens. The cities under research are one of the largest municipalities in the two countries by population, and on such a scale, the problem of involving residents in solving local issues is especially acute. In this context, improving traditional institutions of public participation is a timely challenge for the legislator, and the experiences of these cities are worth describing. The unique Russian context for legal regulations of public hearings involves the combination of overarching federal law and specific municipal decrees that regulate the hearing process. There are usually two municipal acts regulating public hearings on general issues of the city district (charter, budget, etc.) and separately on urban planning. In the United States, the primary regulation of public hearings is assigned to the state and municipality level, with a whole series of corresponding laws and statutes; meanwhile, methodological recommendations play a specific role in the organisation of hearings, which are issued by the state department of a given state. It is proposed that regulating the corresponding relationships at the federal subject level will permit a combination of the best practices of legal administration with local nuances, thereby reinforcing the guarantee of the realization of civil rights to self-government. There are other features in the process of organizing and conducting public hearings in the United States, which, as shown in the article, can be perceived by Russian lawmakers as well in order to create an updated construct of public discussions at the local level.

scholarly journals The Right to Public Information. Selected Interpretation Doubts in the Doctrine and Jurisprudence of Administrative Courts

2020 ◽  
Vol 29 (1) ◽  
pp. 129
Author(s):  
Dominik J. Kościuk ◽  
Justyna Kulikowska-Kulesza
Keyword(s):  
Public Information ◽  
Case Law ◽  
Access To Information ◽  
Information Bulletin ◽  
The Public ◽  
Disclosure Of Information ◽  
Disclosure Rules ◽  
Administrative Courts ◽  
The Right ◽  
Made In

<p>The provisions of the Act on Access to Public Information regulate, among others, the subjective and objective scope of the right to public information, reasons for restricting access to information, procedure and form of disclosure, rules for creating and publishing information in the Public Information Bulletin, costs of activities leading to the disclosure of information and the establishment of complaint proceedings in the event of refusal to provide the public information requested. Therefore, it is worth to pay attention to several problems arising from the analysis of statutory provisions and the practical consequences of applying the Act of 6 September 2001 on Access to Public Information. The current, extremely extensive, output of doctrine and jurisprudence allows for a fairly “efficient” summary of the considerations made in both literature and judicial and administrative case law.</p>

scholarly journals Role of Public Entities in Suitable Provision of Public Services: Case Study from Slovakia

2021 ◽  
Vol 11 (4) ◽  
pp. 143
Author(s):  
Viera Papcunová ◽  
Roman Vavrek ◽  
Marek Dvořák
Keyword(s):  
Public Administration ◽  
Local Governments ◽  
Public Services ◽  
Slovak Republic ◽  
The State ◽  
Main Role ◽  
The Public ◽  
State Administration

Local governments in the Slovak Republic are important in public administration and form an important part of the public sector, as they provide various public services. Until 1990, all public services were provided only by the state. The reform of public administration began in 1990 with the decentralization of competencies. Several competencies were transferred to local governments from the state, and thus municipalities began to provide public services that the state previously provided. Registry offices were the first to be acquired by local governments from the state. This study aimed to characterize the transfer of competencies and their financing from state administration to local government using the example of registry offices in the Slovak Republic. In the paper, we evaluated the financing of this competency from 2007 to 2018 at the level of individual regions of the Slovak Republic. The results of the analysis and testing of hypotheses indicated that a higher number of inhabitants in individual regions did not affect the number of actions at these offices, despite the fact that the main role of the registry office is to keep registry books, in which events, such as births, weddings, and deaths, are registered.

scholarly journals Procedural features of consideration of social cases in the administrative court of first instance

2020 ◽  
pp. 49-59
Author(s):  
Vasyl Ilkov
Keyword(s):  
Key Words ◽  
Social Function ◽  
The State ◽  
Public Authorities ◽  
The Public ◽  
The Social ◽  
High Figure ◽  
Administrative Courts ◽  
Administrative Code ◽  
Court Of First Instance

The article is devoted to procedural features and evidence during the consideration of social cases. The share of administrative lawsuits received by district administrative courts in social cases is more than 30%, which is a high figure among cases falling under the jurisdiction of administrative courts. A person goes to court when his right has already been violated by the state authorities. The administrative courts ensure the implementation of the social function of the state. Allegations that administrative courts serve public authorities are unfounded. Evidence of the court is provided by the parties to the case. The court can only invite the parties to provide evidence and collect evidence on their own initiative. The principle remains fundamental, in cases of illegality of decisions, actions or omissions of the public authorities, the burden of proving the legality of its decision, action or omission rests with the defendant. There is a problem of the possibility of considering social disputes under the rules of summary proceedings with the summons of the parties to the case in the event that there is a need to obtain an explanation from the parties or to examine witnesses. There is a need for legislative regulation of the possibility for the court to consider social disputes in the manner prescribed by the provisions of Article 262 of the Administrative Code of Judgment of Ukraine, after the opening of proceedings in the manner prescribed by the provisions of Article 263 of the Administrative Code of Judgment of Ukraine. It is important to ensure the possibility to continue the consideration of the case in the simplified claim procedure, with the summoning of the parties to the court session, after the opening of the simplified proceedings without summoning the parties. Key words: social disputes, district administrative court, evidence, proving, general claim proceedings, simplified proceedings.

scholarly journals An Existence of State Administration Court in Establishing Good Governance

2019 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Ruslin Ruslin
Keyword(s):  
Good Governance ◽  
Legal Protection ◽  
The State ◽  
Law Enforcement Agencies ◽  
Judicial Control ◽  
The Public ◽  
Administrative Functions ◽  
State Administration ◽  
Good Government ◽  
Executive Agencies

Administration officials have broad authority in carrying out the affair of government. With this broad authority tends to be misused to cause harm and injustice in the society, therefore there must be other institutions that control it. Based on the theory of Trigs Politico executive agencies are politically controlled by the legislative and juridical institutions controlled by the judiciary, because the officials running the state administration executive functions that control the judiciary is legally the state administrative court. Judicial control of administrative functions of the state administrative court in addition aims to provide legal protection for the public and state administration officials themselves, as well as state administrative law enforcement agencies who aspire to realize a good and authoritative government. Keywords: Good government, State administration court

Ustalenie właściwości organu administracji publicznej w zakresie prowadzenia egzekucji obowiązkowych szczepień ochronnych i występowania z wnioskiem o ukaranie za uchylanie się od tego obowiązku

2021 ◽  
Vol 2 (70) ◽  
pp. 33-49
Author(s):  
Sebastian Czechowicz
Keyword(s):  
Supreme Court ◽  
Public Administration ◽  
The State ◽  
The Public ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Preventive Vaccination ◽  
Administrative Courts ◽  
Legislative Changes

The article is devoted to determine the authority competent to carry out the execution of the obligation to vaccinate, as well as the authority competent to apply for punishment of those who persistently evade preventive vaccinations on the basis of the Code of Misdemeanours in Poland. After analysing the competencies of the public administration bodies and comparing them with the judicial decisions of the administrative courts and the Supreme Court issued in cases involving mandatory preventive vaccination, which present an inconsistent line of jurisprudence, the author concludes that the enforcement body is the province governor. However, it is necessary to postulate legislative changes, primarily in the area of the possible transfer of competencies from the province governor to the State Sanitary Inspection.

AS POLáTICAS PÚBLICAS DE PROTEÇÃO DA SAÚDE MATERNO-INFANTIL NO PIAUá (1930-1945)

2018 ◽  
Vol 15 (26) ◽  
pp. 49-73
Author(s):  
JOSEANNE ZINGLEARA SOARES MARINHO
Keyword(s):  
Public Policies ◽  
The State ◽  
Public Authorities ◽  
State Legislation ◽  
Administrative Organization ◽  
The Public ◽  
Palabras Clave ◽  
State Administration ◽  
Future Citizen ◽  
And Child Health

A proposta do artigo é analisar a organização administrativa dos poderes públicos piauienses a partir da criação de legislação e de órgãos de assistência á  saúde de mães e crianças entre 1930 e 1945. Dessa forma, objetiva-se abordar como a questão da saúde materno-infantil passou a ser tratada como responsabilidade do Estado. Tratava-se de uma iniciativa que estava de acordo com o ideário de preparação do futuro cidadão, vinculando-se á  formação do trabalhador nacional. Para a realização da análise foram utilizadas autoras como Besse, Freire e Martins. O corpus documental foi composto de mensagens do governo do Piauá­, legislação estadual e artigos de jornais impressos. Verificou-se que a formulação de leis e órgãos ficou condicionada á  estruturação da administração estadual, sendo estabelecidas as condições para a proteção de crianças e mulheres, estas, no entanto, receberam atenção apenas no que se referia á  condição materna.Palavras-chave: Polá­ticas públicas. Saúde. Materno-infantil.  THE PUBLIC POLICIES FOR THE PROTECTION OF MATERNAL AND CHILD  HEALTH IN PIAUá (1930-1945)Abstract: The purpose of this article is to analyze the administrative organization of public authorities in Piaui from the creation of legislation and health care agencies for mothers and children between 1930 and 1945. Thus, the objective is to address the issue of maternal health was treated as the responsibility of the State. It was an initiative that was in accordance with the ideals of the preparation of the future citizen, being linked to the formation of the national worker. To perform the analysis, authors such as Besse, Freire and Martins were used. The documentary corpus was composed of messages from the Piauá­”™s government, state legislation and printed newspaper articles. It was verified that the formulation of laws and organs was conditioned to the structuring of the state administration, establishing the conditions for the protection of children and women; these, however, received attention only regarding the maternal condition.Keywords: Public policies. Health. Maternal-child.LAS POLáTICAS PÚBLICAS DE PROTECCIÓN DE LA SALUD MATERNO-INFANTIL EN EL PIAUá (1930-1945)Resumen: La propuesta del artá­culo es analizar la organización administrativa de los poderes públicos piauienses a partir de la creación de legislación y de órganos de asistencia a la salud de madres y niños entre 1930 y 1945. De esa forma, se pretende abordar como la cuestión de la salud materno-infantil pasó a ser tratada como responsabilidad del Estado. Se trataba de una iniciativa que estaba de acuerdo con el ideario de preparación del futuro ciudadano, vinculándose a la formación del trabajador nacional. Para la realización del análisis fueron utilizadas autoras como Besse, Freire y Martins. El corpus documental fue compuesto de mensajes del gobierno de Piauá­, legislación estadual y artá­culos de periódicos impresos. Se verificó que la formulación de leyes y órganos quedó condicionada a la estructuración de la administración estadual, siendo establecidas las condiciones para la protección de niños y mujeres, estas, sin embargo, recibieron atención sólo en lo que se referá­a a la condición materna.  Palabras-clave: Polá­ticas públicas. Salud. Materno-infantil.

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