scholarly journals Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą

2018 ◽  
pp. 147-167
Author(s):  
Konrad Różowicz
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Practical Significance ◽  
Coherent System ◽  
National Board ◽  
Judicial Decisions ◽  
Legal Nature ◽  
The Common

The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, financial penalties, and, indirectly, the actions taken by contractors. The influence of such decisions is of theoretical and practical significance and justifies an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

scholarly journals Charakter prawny wyroków wydawanych przez Krajową Izbę Odwoławczą

2019 ◽  
pp. 147-167
Author(s):  
Konrad Różowicz
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Civil Law ◽  
Administrative Law ◽  
Practical Significance ◽  
Coherent System ◽  
National Board ◽  
Judicial Decisions ◽  
Legal Nature ◽  
The Common

The regulation of the legal nature of an appeal proceeding or a judgment crowning the proceeding is ambiguous and unclear. The National Appeals Chamber which issues a judgment decides upon the validity of a contract, the obligations of the contracting authority, financial penalties, and, indirectly, the actions taken by contractors. The influence of such decisions is of theoretical and practical significance and justifies an analysis presented in the paper. Thus the constitutive features of judgments handed down by a public administration body have been analysed and compared with typical forms of law enforcement (judicial decisions of the common courts, decisions issued by arbitration courts and individual administrative decisions). The latter have been given particular attention. The deliberations were based on the position of the doctrine of the law on public procurements, provisions of civil law and administrative law, as well as judicial decisions and judgments issued by the National Appeals Chamber. These were then analysed in the light of normative regulations of the Act on Public Procurements. The analysis revealed a multitude of problems resulting from the adoption by the legislature of atypical forms of action by the National Board of Appeal. The analysis provides the basis for further research aimed to create a coherent system regulating public procurements to ensure its proper functioning and to reduce the possibility of further interpretative problems.

BASIC FUNDAMENTALS OF CIVIL LAW AND THEIR IMPORTANCE

2019 ◽  
pp. 120-126
Author(s):  
Diana Vivcharuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Practical Significance

Purpose. The purpose of the article is the regulation of relations on the principles of civil law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that principles of civil law – an ideas of the civil law, that characterized by systematic,versatile, more stable, more regylated. Originality. An article is the special reseach that explores the problems of civil law in Ukraine. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

The Common Core of European Administrative Laws and the Pan-European General Principles of Good Administration

2021 ◽  
pp. 21-34
Author(s):  
Ulrich Stelkens
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Common Core ◽  
Methodological Approach ◽  
Administrative Law ◽  
European Convention ◽  
Council Of Europe ◽  
Institute Of Public Administration ◽  
German Research ◽  
The Common

This chapter examines a research project carried out at the German Research Institute of Public Administration and the German University of Administrative Sciences Speyer. This 'Speyer project' studies the development, content, and effectiveness of the written and unwritten standards of good administration drawn up within the framework of the Council of Europe (CoE), i.e. on the basis of its Statute (SCoE) and the European Convention on Human Rights (ECHR), which is a sort of 'second pillar' of the CoE. These CoE standards are called 'pan-European principles of good administration'. This 'Speyer project' can be understood as a counterpart to the project carried out by Giacinto della Cananea and Mauro Bussani on the Common Core of European Administrative Law (CoCEAL) as it has a similar objective: to ascertain whether, despite many differences between European systems of administrative law, there are some connecting elements, or a 'common core', and, if so, whether such 'connecting elements' can be formulated in legal terms rather than as generic idealities. However, the methodological approach of the 'Speyer project' clearly differs from the 'factual approach' adopted in CoCEAL.

scholarly journals Management of Legal Processes: Statement of the problem

2019 ◽  
Vol 15 (2) ◽  
pp. 12-20
Author(s):  
V. L. Schulz ◽  
S. A. Bochkarev
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Human Sciences ◽  
Universal Method ◽  
Law Enforcement Agencies ◽  
Text Interpretation ◽  
Judicial Decisions ◽  
The Social ◽  
Legal Processes

Introduction. The article considers the category of management from the standpoint of history, theory and philosophy. The law and the processes of its implementation in practice have been chosen as the social context within which the importance and potential of management has been studied.Materials and methods. The article actively uses both contributions of natural science and papers written for the purpose of understanding the humani-tarian knowledge. The methodological basis of the article includes the universal method of cognizability of the world, such logical methods as induction and deduction, the achievements of comparative jurisprudence, the method of text interpretation (mainly judicial decisions and regulations).The results of the study. The paper tries to answer the questions what management is in principle, what are the possible and acceptable forms of its manifestation in jurisprudence. The meanings in which management is used in the natural and human sciences are compared. A distinction is made between the concepts of “management of legal processes” and “public administration”.Law enforcement processes are much rationalized, and law has maintenance of order as its highest goal. The absence of reference to management in the procedural legislation serves as an indirect but sure sign that governance in law does not exist in the form in which it is represented in the natural sciences.Discussions and conclusions. Subject to the above it was concluded that management in law is manifested and realized in a peculiar way. It is implemented in legal processes through decentralized principles, i.e. by the participants themselves on a parity and consensual basis. The role of guides is played by symbolic means - the principles of law and the values protected by it. The role of doers is played by instrumental means - law enforcement agencies and institutions. The role of organizes is exercised by the subjects of law (individual, society and the state), and the function of consumers is realized by the subjects of specific legal relations.

scholarly journals The Application of Equity in Brazilian Court Decisions during the Covid-19 Pandemic: Are there any Obstacles?

2020 ◽  
Vol 4 (2) ◽  
pp. 193
Author(s):  
Anna Lucia Berardinelli
Keyword(s):  
Common Good ◽  
Civil Law ◽  
Court Decisions ◽  
Individual Rights ◽  
Concrete Case ◽  
Law System ◽  
Judicial Decisions ◽  
Legal Provisions ◽  
The Common ◽  
Civil Law System

Brazil follows the precepts of the Civil Law system that leaving only limited space for equity. The ongoing pandemic spread crisis and uncertainty worldwide, and there is not enough time for legislators to fill the gaps. Even the already existing legal provisions were designed to cope with unexpected situations, they might be inappropriate in such an unprecedented situation, where everyday contracts are cancelled, obligations are defaulted, companies are bankrupt, and individual rights are mitigated. Courts in Civil Law countries usually do not allow to ground their decisions exclusively on equity powers. This article aims to discuss and propose how the use of evaluative equity in judicial decisions could be the path in the search for the realization of justice, through not only its integrative function but also in an evaluative way, ensure justice in the concrete case. This article concludes that equity is an essential tool for achieving a fair decision and the demands for the common good.

Banker's Liability in the Bank Deposit Relationship

1979 ◽  
Vol 14 (2) ◽  
pp. 164-183 ◽  
Author(s):  
R. Ben-Oliel
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Real Relationship ◽  
Bank Account ◽  
Doctoral Thesis ◽  
Legal Nature ◽  
The Common

This article is a section of a doctoral thesis recently presented on “The Juridical Nature of the Bank-Depositor Relationship”. Its object was to determine the legal nature of general deposits of money in a bank account.After discussing the various explanations in the context of some of the main Civil law systems (those of France, Italy, Spain and Portugal) the Common Law systems (England, U.S.A.) and under Israeli law, the author reached the conclusion that a bank deposit is not a deposit stricto sensu, being neither an irregular deposit nor a loan, nor even a combination of both, but rather a contract sui generis. In his opinion, the depositor, having placed his money in the bank still retains ownership of the fund: the bank acquires possession and may dispose of the customer's money, thus showing part ownership. In other words, a deposit in a bank implies a contractual fragmentation of the depositor's ownership between the customer and the bank. As a result thereof both parties maintain converging real rights in the fund, thus giving rise to a peculiar real relationship.

LEGAL NATURE OF SOURCES OF CONSTITUTIONAL LAW OF UKRAINE

2019 ◽  
pp. 98-104
Author(s):  
Galyna Volosheniuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Constitutional Law ◽  
Functional System ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Legal Nature ◽  
Basic Approaches ◽  
Logical Semantic

Purpose. The purpose of the paper is to analyze the concepts and problems of the legal nature of the sources of constitutional law of Ukraine and to analyze the basic approaches to understanding the sources of constitutional law and their features. Methodology. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results: The research outlines the basic approaches to understanding the sources of constitutional law and their features. Based on this, these approaches are summarized and our view of the legal nature of the sources of constitutional law of Ukraine is offered through the disclosure of their functions and features. Originality.The article deals with the legal nature of the sources of constitutional law of Ukraine, outlines the basic approaches to understanding the sources of constitutional law and their features. These approaches are summarized and their view of the legal nature of the sources of constitutional law of Ukraine is offered through the disclosure of their functions and features. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

Common lands within the meaning of the common lands act of 29 june 1963 – selected civil law issues

2020 ◽  
Vol IV (IV) ◽  
pp. 52-81
Author(s):  
Grzegorz Wolak
Keyword(s):  
Civil Law ◽  
Real Property ◽  
Legal Nature ◽  
The Common ◽  
Common Lands ◽  
A Company

The article will discuss the general issues related to common land - the term applied in the Common Lands Act of 29 June 1963 and its legal nature. In addition, an attempt will be made to answer the question about an entity that should be disclosed in the second section of the land and mortgage register in the case of real property being a part of the common land. Currently, land and mortgage registers may be established for common land. The question is whether it should be the common land itself or natural and legal persons entitled to hold shares therein, or maybe a company established to manage and develop such a common land. It seems that the legislator itself has been unable to deal with this issue. There are no legal acts where it would indicate directly or indirectly an entity that should be disclosed in the second section of the land and mortgage register as an owner (co-owner).

scholarly journals Public control as a factor of democratization of public administration in the conditions of implementation of state reforms

2021 ◽  
pp. 88-96
Author(s):  
N. Nadvirnianska ◽  
M. Chicherina
Keyword(s):  
Public Administration ◽  
Corporate Culture ◽  
Practical Significance ◽  
Social Evaluation ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Public Control ◽  
Legal Nature ◽  
Logical Semantic

Purpose. The purpose of the article is to formulate author's approaches to understanding the legal nature of public control in the field of public administration in the context of building a civil society and the rule of law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, logical-semantic, functional, systemic-structural, logical-normative. Results: it was determined, that the main tasks of public control should be the organization of consideration of applications, appeals of citizens interested in providing them with assistance to public control bodies; promoting prevention or elimination of previously committed violations of the Constitution of Ukraine, laws, state discipline objects of public control; Determination of social evaluation of violations or safety due to certain activities. Scientific novelty. It is relevant in the conditions of reforming the system of public administration is to intensify the decentralized type of control as a variety of control, which is based on social norms, values, traditions and corporate culture. Practical significance. The results of the research can be used during the development of provisions, conclusions and recommendations for public control over the activities of public authorities, which can be realized and constitute a basis for public control as a means of optimizing the system of public administration of Ukraine.

scholarly journals Reprezentarea ca putere în dreptul civil și societar

2021 ◽  
Vol 65 (3) ◽  
pp. 55-90
Author(s):  
Iulia Oprea
Keyword(s):  
Scientific Literature ◽  
Civil Law ◽  
Power Of Attorney ◽  
Commercial Law ◽  
Broad Applicability ◽  
The Past ◽  
Legal Nature ◽  
The Common ◽  
The Moment

The power of attorney, as a judicial mechanism, has enjoyed a broad applicability for the past centuries due to its undeniable utility, reaching, at the moment, a level of necessity in the professional and casual routine. However, a great amount of the scientific literature that discuss this subject focus on the analysis of the mandate agreement, as a source for the power of attorney, without studying the legal nature of this prerogative. That is why the purpose of the present paper, avoiding any claim of completeness, is to scan the representation as a species, closely analysing its genus: the power. The pragmatism of our approach is revealed by the fact that the study of representation takes place in the context of the matters in which it is mostly used and that is the common civil law and the derogatory commercial law.

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