scholarly journals CONCEPTS OF ADMINISTRATIVE PROCESS IN MODERN SCIENCE OF ADMINISTRATIVE LAW AND PROCESS

2019 ◽  
pp. 66-69
Author(s):  
N. Yu. Hut
Keyword(s):  
Law Enforcement ◽  
Modern Science ◽  
Administrative Law ◽  
Administrative Process ◽  
Legal Literature ◽  
Administration Of Justice ◽  
Narrow Definition ◽  
Definition Of ◽  
The Right ◽  
Broad Understanding

The paper analyzes the concepts of administrative process presented in legal science. It is stated that every concept of the administrative process has the right to exist, because all of them are based on the facts, phenomena and norms actually existing in the legal system of Ukraine. However, three of them are most thoroughly presented in the legal literature: 1) the concept of a broad understanding of the administrative process; 2) jurisdictional (law enforcement) concept of the administrative process; 3) the concept of a narrow understanding of the administrative process. Representatives of a broad understanding of the administrative process argue that the procedural form is present wherever there is a need to implement substantive rules of administrative law, and all organizational legal relations are inherently procedural relations. Representatives of the jurisdictional and law-enforcement concepts of the administrative process, firstly, are convinced that the procedural form can be inherent only in activities related to the administrative-jurisdictional or law-enforcement activities of the competent authorities, and secondly, that the organizational legal relations are evenly distributed between substantive and procedural relations. Representatives of the concept of narrow definition of the administrative process insist that the procedural form relates solely to the activity of one branch of power - the judiciary, and therefore procedural relations arise only in the sphere of administration of justice by the courts.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

scholarly journals Genesis of the concept of "national security" in administrative law

2021 ◽  
pp. 5-8
Author(s):  
Vitalii MAKARCHUK
Keyword(s):  
World War Ii ◽  
Law Enforcement ◽  
National Security ◽  
Administrative Law ◽  
The State ◽  
Law Enforcement Agencies ◽  
Security Issues ◽  
Nation States ◽  
Legal Literature ◽  
Definition Of

The paper is devoted to the essence and peculiarities of the origin and development of the concept of “national security” in administrative law. The paper analyzes different opinions on the definition of “national security”, also considers the provisions of the Constitution of Ukraine on the protection of sovereignty and territorial integrity of Ukraine. The legislative provision of security in Ukraine, security of the person, society and the state from external and internal threats in the state as ensuring national security is studied. The urgency of the issue outlined in the paper is due to the ongoing reform processes in the field of national security and law enforcement in Ukraine. However, national security issues are still at the center of various scientific debates. In the research and analysis of the origins and development of the concept of “national security” hermeneutic, logical, linguistic and semiotic research methods are used. It is proved that in the legislation and legal literature this term has gained wide application and recognition that meets the general requirements of legal technique: the terms must be generally accepted, have a stable character and wide application. It is noted that the term “national security” still remains relevant and controversial. Although the term “national security” was first used after World War II, certain aspects of it have been considered since the creation of nation-states in the mid-seventeenth century. This term is used in various aspects, has no unambiguous application in the legal literature, lawmaking and legal practice, so it can be interpreted in various aspects. Ukrainian scholars-administrators define the security of the country in different ways, in particular through the prism of the executive activity of the relevant law enforcement agencies that provide it.

scholarly journals The issues of the nature and law-enforcement value of administrative practices

Lex Russica ◽  
2019 ◽  
pp. 34-44
Author(s):  
A. N. Zherebtsov ◽  
N. V. Pavlov
Keyword(s):  
Law Enforcement ◽  
Internal State ◽  
The Body ◽  
Legal Practice ◽  
Administrative Practices ◽  
Municipal Administration ◽  
Administrative Practice ◽  
Social Organizational ◽  
Definition Of ◽  
The Right

The present study elucidates approaches developed in the juridical science and defining legal practice as a socially significant legal activity of the participants. The authors propose their own social-philosophical and legal justification of legal (administrative) practice as a means of transforming reality. To this end, legal practice is acting as a necessary social, organizational and legal means of improving human activity in the implementation of state and municipal administration. The authors propose a social and philosophical understanding of administrative (state-administrative) practice as the result of state-administrative activities arising in the development of administrative relations and entailing the achievement of socially useful goals of state (municipal) administration in the form of an administrative legal act or repeated organizational act of the body and (or) public administration official (usages of administrative practices). In the course of the research the authors give their own understanding of forms of objectification of administrative practice when state and municipal administration is being carried out. Such forms include empirical non-normative legal act and the usage of administrative practice. The result of the study of the nature and forms of objectification of administrative practice involves the definition of its importance for law enforcement practice, which is mandatory practice for the participants of State and municipal administration when they implement internal State and municipal administration. A mandatory nature of empirical administrative legal acts for administered entities within the framework of external state and municipal administration is mediated insofar as they become participants of administrative legal relations within the framework of which the provisions of these acts are implemented. In other cases, these acts are not mandatory for the administered entities. In addition, an administered entity is not deprived of the right to act in compliance with the provisions of the law or a bylaw rather than in compliance with the provisions of a nonnormative administrative legal act that formally is not a normative legal act, but in fact it of regulatory nature. The study defines the meaning of the usages of administrative activities as one of the forms of objectification of administrative practices.

scholarly journals Leniency programmesfor cartel: mature reforms

2018 ◽  
pp. 24-33
Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Administrative Law ◽  
The Russian Federation ◽  
Main Factors ◽  
The Law ◽  
Definition Of ◽  
The Right

The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.

scholarly journals ABUSE OF THE RIGHT AND JUDICIAL ERRORS IN THE EXERCISE OF DISCRETION BY THE JUDGE IN THE CONSIDERATION OF CRIMINAL CASES WITH THE CONSENT OF THE ACCUSED WITH THE CHARGE BROUGHT AGAINST HIM

2021 ◽  
Vol 31 (3) ◽  
pp. 459-472
Author(s):  
N.O. Mashinnikova
Keyword(s):  
Law Enforcement ◽  
Criminal Cases ◽  
Special Procedure ◽  
Judicial Proceedings ◽  
Judicial Errors ◽  
Definition Of ◽  
The Right ◽  
Exercise Of Discretion ◽  
Abuse Of Law ◽  
Miscarriage Of Justice

The article examines the categories of "abuse of law" and" miscarriage of justice", as well as the factors contributing to their occurrence, reveals the mechanism of occurrence of miscarriages of justice, the sources and causes of their occurrence. The author substantiates the claim that the defect of interest, as an aspect of law enforcement, causes the occurrence of abuse and can cause a miscarriage of justice. The main characteristics of a miscarriage of justice, as well as the signs that distinguish a miscarriage of justice from abuse, are revealed. The definition of "abuse of the right" is given, its properties and features are revealed. The article analyzes the peculiarities of committing judicial errors and abuses under a special procedure of judicial proceedings.

scholarly journals Legal status of a law enforcement official of Mongolia

2021 ◽  
Vol 2021 (4) ◽  
pp. 172-180
Author(s):  
Nyamsuren Erdenebulgan
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Administrative Law ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Enforcement Official ◽  
Legal Situation ◽  
Special Service ◽  
Wide Range ◽  
Definition Of

The author highlights the issues related to the essence and implementation of the legal status of a law enforcement official. These issues are the focus of attention of scientists (primarily specialists in administrative law), legislators, civil society, as well as of the employees themselves. The terms «legal status» and «legal situation» are analysed in details. The issues related to the definition of the legal status of a law enforcement official of Mongolia are considered. The author presents a wide range of opinions of lawyers on the content of the concept of «legal status of a law enforcement official», gives various classifications of the term of legal status, and presents his vision of this problem and its solution with regard to law enforcement agencies of Mongolia. The author agrees with the point of view of those specialists who point out that the specificity of the legal status of a law enforcement official, his rights and duties, requires adopting other components, such as responsibility, which are quite justified. The author also underlines that there is almost no mention of the key-concept «a law enforcement official» in Mongolian legislation. This led to a conclusion that this concept should be legalized before being considered in details. The research also briefly discusses the main results of the extensive work on reforming police in 2011–2015. The author notes that the absolute following the example of Western countries was not appropriate. Thus, the author criticizes some aspects of the transition of the police from a special service to a public one, for example, the procedure for assigning special ranks by positions held, which led to an outflow of specialists from the law enforcement sphere to other areas. The author concludes that legally fixed features characterizing the legal status of a law enforcement official are far from exhaustive and require further rethinking, research, improvement in law-making and law enforcement.

scholarly journals PROSPECTS FOR THE IMPLEMENTATION OF THE EUROPEAN ADMINISTRATIVE SPACE IN UKRAINE

2019 ◽  
pp. 116-120
Author(s):  
M. A. Boiaryntseva
Keyword(s):  
Rule Of Law ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Legal Proceedings ◽  
National Courts ◽  
Administration Of Justice ◽  
Administrative Courts ◽  
Definition Of ◽  
The Right ◽  
Discretionary Powers

In the article the author determines the peculiarities of consideration and resolution of administrative disputes in foreign countries. The author emphasizes that the priority international and European principle of the implementation of justice is the observance of the rule of law. It has been determined that the contents of the precedents of the European Court of Human Rights testify that they not only contain substantive decisions, but also the norms whose application solves the problem of the interpretation of legal institutions, in particular, such as the principles of the administration of justice. The author stresses that the achievement of the requirements of ensuring the rule of law and the rule of law in accordance with European standards requires the definition of the limits of exercising discretionary powers by public administration bodies. The discretionary powers of public authorities and local self-government bodies cannot be unrestricted, and national courts should determine the limits of interference in their implementation. It is substantiated that the performed characteristic of the aforementioned normative legal acts allows us to conclude that it is necessary to study the principles of the implementation of legal proceedings in the European administrative space as a conditional "benchmark" of the development of the system of administrative courts established by the current legislation. It is stressed that the recommendations that require their implementation in the current administrative-procedural legislation include the implementation of such standards for the implementation of legal proceedings as foreseen requirements for the abolition of the right to appeal in the event that a person failed to comply with part of the court decision that provided for immediate enforcement; definition of procedure for pre-trial and extrajudicial settlement of administrative disputes. It is substantiated that borrowing from the experience of administrative tribunals established in the Anglo-Saxon judicial system, where administrative complaints are dealt with by specially authorized lawyers, is one of the possible ways of solving the problems of a significant load on the system of administrative courts of Ukraine. The author concludes that the effectiveness of the national justice system as a whole, and in particular, administrative justice, depends on the implementation and further implementation of international and foreign standards for the administration of justice.

scholarly journals Administrative proceeding relations in the subject of administrative law

2018 ◽  
pp. 4-10
Author(s):  
Valerii Kolpakov
Keyword(s):  
Administrative Law ◽  
Judicial System ◽  
Administrative Process ◽  
Normative Documents ◽  
Legal Proceedings ◽  
Legal Nature ◽  
History Of ◽  
Administrative Courts ◽  
Definition Of ◽  
Research Author

Article investigates the administrative procedural relations which exist in sphere of action of administrative courts. The place of these establishes the relations in administrative law of Ukraine. For this purpose author investigates the legal nature of norms of administrative legal proceedings; analyzes the legislation on administrative courts; considers practice of work of administrative courts; studies history of administrative judicial system; analyzes scientific research in the sphere administrative law, administrative process, functioning of judicial system; studies drafts of normative documents in the sphere of administrative legal proceedings. As a result of the research author proposed definition of the administrative process.

scholarly journals Peculiarities of Protection of Rights and Interests of Heirs: Theoretical Aspects

2020 ◽  
Vol 10 ◽  
pp. 355-362
Author(s):  
Yuri O. Zaika ◽  
◽  
Oleksandr Ye. Kukhariev ◽  
Volodymyr L. Skrypnyk ◽  
Aliesia A. Mytnyk
Keyword(s):  
Civil Rights ◽  
Scientific Community ◽  
Civil Law ◽  
Inheritance Law ◽  
Legal Literature ◽  
Legal Nature ◽  
The Will ◽  
Methodological Approaches ◽  
Definition Of ◽  
The Right

The relevance of this study is due to the necessity to ensure the proper exercise of subjective civil rights in the field of inheritance law. Protection in inheritance is related to the general right to protection. Due to the peculiarities of inheritance law as a sub-branch of civil law, it has its own specifics, which is manifested primarily in the definition of special ways to protect violated unrecognized or challenged rights. In addition, the protection of the rights of heirs takes place only within the inheritance relationship, which is characterized by a long nature. The purpose of the article is to identify the features of protection of subjective civil rights of heirs in the field of inheritance. This necessitates the use of special methodological approaches that will identify the characteristics of protection of the rights of heirs, as well as research methods such as dogmatic, formal-logical, systematic, comparative law. The article analyses the recognition of the right of ownership of inherited property in court and proves that this exceptional method of protection is used if there are obstacles to the notarization of inheritance rights. The most typical and widespread special ways to protect the rights of heirs are considered: removal from the right to inherit, invalidation of the will, change of the order of obtaining the right to inherit, reduction of the size of the obligatory share in the inheritance. The outlined issues were not widely covered in the legal literature, as the attention of scholars was mainly in the perspective of clarifying the legal nature of protection and defence, the ratio of forms and methods of protection of subjective civil rights, analysis of general methods of protection of subjective civil rights. That is why this work is an important contribution to outlining the issue of inheritance law and attracting due attention of the scientific community.

scholarly journals ON THE QUESTION OF DEFINITION OF THE CONCEPT OF ADMINISTRATIVE ACTIVITY OF THE STATE MIGRATION SERVICE OF UKRAINE

2020 ◽  
pp. 230-236
Author(s):  
В. В. Репело
Keyword(s):  
Public Administration ◽  
Scientific Literature ◽  
Administrative Law ◽  
The State ◽  
Main Attention ◽  
Public Authorities ◽  
Administrative Functions ◽  
Characteristic Features ◽  
Definition Of ◽  
The Right

The study analyzes the categorical apparatus related to the concept of administrative activity of the State Migration Service in Ukraine, namely the categories «administration», «public administration», «public administration», «administrativeactivity»andothers.Thedefinitionoftheconceptof«administration» in the encyclopedic literature, in particular in the Legal Encyclopedia, highlights the main features of the administration, public administration. The term «public administration» is analyzed, the positions on definition of this definition by researchers O. Shatylo are given), it is indicated that this term is used in two meanings (narrow and wide), the definitions of public administration of V. Averyanov, R. Kravtsova, S. Chernov are also given. A. Zelentsov’s position on the characteristic features of public administration that distinguish it from private administration is highlighted. The main attention is paid to the disclosure of the term «administrative activity», the definition is defined in the reference literature, namely in the Great Ukrainian Encyclopedia, the Encyclopedia of Modern Ukraine. It is emphasized that the administrative activities of public authorities are implemented through the powers vested in the state, and from the state they receive the right to perform administrative functions, such powers are defined exclusively in regulations of the state and its authorities. Positions on the definition of «administrative activity» by M. Ishchenko, E. Mishchuk, A. Sorochynsky, S. Petkov and L. Spytska are given. Based on the analysis of legislation, bylaws and scientific literature on administrative law, the definition of the concept of administrative activity of the State Migration Service of Ukraine is proposed.

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