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 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 Categories “Process” and “Procedures” in the Works of the Classics of Russian Administrative Law: Concept, Relevance and Modernity of the Model

2021 ◽  
Vol 18 (3) ◽  
pp. 252-260
Author(s):  
M. N. Kobzar-Frolova
Keyword(s):  
Administrative Law ◽  
Modern Theory ◽  
Research Topics ◽  
Administrative Process ◽  
Procedural Law ◽  
Process Procedures ◽  
The Subject ◽  
The Creation ◽  
Russian Model

Research topics related to concepts such as “process”, “procedures”, “administrative process” remain the most controversial, and, therefore, relevant. Unfortunately, not many scientists are ready to take part in the creation of a modern theory of the administrative process, the development of unified approaches to its terminology, the formation of a unified Russian model of the administrative process. At the same time, knowledge of the works of recognized classics of Russian procedural law is very important and timely. This article attempts to analyze individual works of the classics of Russian administrative procedural law, who stood at the origins of its creation, to compare their position and draw their own conclusions. The excerpts are given and the positions on the subject and essence of the concepts o process, procedure, stages of such scientists as B. M. Lazarev, V. D. Sorokin, N. G. Salishcheva and some others are demonstrated. The purpose of the work was to prove that the ideas of the scientists who stood at the origins of the Russian administrative procedural law are not only alive, they are relevant and should be relied on in order to: 1) develop unified approaches to the terminology of the administrative process, 2) create a unified modern model of the administrative process. The tasks correspond to the purpose of the study and are aimed at understanding the works of recognized classics of Russian procedural law, popularizing their works, ideas, developments, etc. and highlight the signs of the concepts under study. The applied methods made it possible to individualize the essence of the approaches of the classics of Russian administrative procedural law to the concepts of “process”, “procedure”, “administrative process”, develop their own position, give an author's definition and draw other conclusions corresponding to the study.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

scholarly journals The concept of criminal procedural legal relations: definition of concept

2019 ◽  
pp. 185-196
Author(s):  
V. Vinnychenko
Keyword(s):  
Critical Analysis ◽  
Public Law ◽  
Axiomatic Method ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
European Court ◽  
The Face ◽  
The Subject ◽  
Theory Of Law ◽  
Definition Of

The concept of criminal procedural legal relations in the context of modern globalism of criminal proceedings is considered in the article. Scientific approaches to definition of concept of legal relations, subject of criminal procedural law, method of criminal procedural law are investigated. The purpose of the article is to define the concept of criminal procedural legal relations under modern criminal proceedings. The author is investigated: Approaches to defining the concept of legal relations and Criminal procedural legal relations; Subject of criminal procedural law and method of criminal procedural law. During the research, a critical analysis of the mentioned scientific material is made and its own scientific approach to the definition of the criminal procedural legal relations is developed. During the copyright it is investigated a number of methods of scientific cognition, in particular, how: the method of scientific formalization; Axiomatic method; Hypoolytic-Deduktive method. The concept of the theory of Law on definition of notion and signs of legal relations was investigated, the analysis of these concepts was made and the concept of criminal procedural legal relations was chosen. The concept of criminal procedural legal relations provided by Ukrainian scientists and the critically-critical analysis of these concepts is investigated. It is given that existing approaches are not correct for modern legal reality and cannot be flexible in the face of progressive globalized development of the modern criminal procedural law. Scientific approaches to the subject of criminal procedural law as signs of criminal procedural legal relations are investigated. Scientific approaches to definition of criminal procedural law method as signs of criminal procedural legal relations are investigated. The analysis of the criminal procedural legislation and precedents of the European Court of Human Rights as a source of international public law is carried out. Generalized and scientifically deduction method output the concept of criminal procedural legal relations, which may be applied under the conditions of modern globalized criminal proceedings. The study has an interdisciplinary character. The author conducts research using the scientific base of Globalistics, Furturilogy, international relations.

scholarly journals Counterclaim in public legal disputes

2020 ◽  
pp. 84-90
Author(s):  
H. Sherstiuk
Keyword(s):  
Public Law ◽  
Effective Protection ◽  
Administrative Process ◽  
Procedural Law ◽  
Legal Relationship ◽  
Open Court ◽  
The Subject ◽  
Court Proceedings ◽  
Administrative Proceedings ◽  
Legal Entities

The article examines the institution of a counterclaim in administrative proceedings, which is a long-awaited change for the effective consideration of cases in the administrative process and for the implementation of effective protection of the rights of individuals and legal entities in administrative proceedings. Emphasis is placed on the peculiarities of drafting, filing and consideration of a counterclaim, which is the key to successful protection and restoration of violated rights and interests of the defendant in public law disputes. Also, an analysis of the feasibility of filing a counterclaim in the administrative process, taking into account the specifics of the parties and the legal relationship. This attitude of lawyers to the institution of a counterclaim in administrative proceedings is caused by the specificity of the administrative procedural law itself, the distinguishing feature of which is the presumption of guilt of the subject of power. It is based on the observance of this principle that the main features of a counterclaim in public law disputes are formed, starting from the authority of subjects to file such claims in open court proceedings and ending with the issuance and execution of a court decision based on such a claim. Thus, during the research in the process of writing this article, the author elaborated not only the works of famous lawyers, but also court decisions confirming the active use of the latest institute of counterclaim in public law disputes, as well as his own experience in drafting, filing and direct participation. in administrative cases, which combine the main and counterclaims. The peculiarities of realization of the rights of individuals and legal entities to file and consider a counterclaim in public law disputes, which are numerous in comparison with other categories of disputes, commercial, civil, etc., are revealed.

scholarly journals On administrative-legal status of the driving examiner and examinee in the case of a traffic accident during the driving test

2020 ◽  
pp. 19-25
Author(s):  
Fazil Nazim ogly Zeinalov ◽  
Oleg Evgen'evich Gubenkov ◽  
Irina Sergeevna Mikhaleva
Keyword(s):  
Law Enforcement ◽  
Traffic Safety ◽  
Traffic Accident ◽  
Legal Status ◽  
Legal Framework ◽  
Legal Norms ◽  
The Subject ◽  
Definition Of ◽  
Enforcement Activity

The object of this research is the system of public legal relations in the area of ensuring traffic safety. The subject of this research is the legal norms that regulate the administrative legal status of the driving examiner and examinee during a driving test. This work aims to conduct the analysis of the normative legal base regulating the driving test, as well as the legal status of the parties present in the vehicle during the driving test. The novelty of this study is justified by the practical and scientific importance of the problems of law enforcement activity in the area of ensuring traffic safety, as well as the need for improvement of the legal framework regulating authority of police divisions and departments in Russia. The authors analyze the federal legislation regarding legal status of the driving examiner and examinee during a live driving test. Proposals are made on establishing administrative legal status of the examiner, development the definition of “practice driving”, and determination of relation of live driving test to practice driving.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

Wolfgang and Petra Lubitz, eds., Trotsky Bibliography: An International Classified List of Publications about Leon Trotsky and Trotskyism 1905–1998. Third completely revised and enlarged edition. Vols. 1–2. Munich: K. G. Saur, 1999. 840 pp. DM 368 cloth.

2001 ◽  
Vol 60 ◽  
pp. 232-233
Author(s):  
Gerd Callesen
Keyword(s):  
The Subject ◽  
Leon Trotsky ◽  
State Of Affairs ◽  
Definition Of ◽  
Political Value ◽  
Broad Approach

This bibliography is quite an impressive effort. It is extensive, thorough, structurally sound, and contains excellent indexes. In short, it is a truly useful tool for anyone who, for scholarly or political reasons, takes an interest in Trotsky and Trotskyism. Of course, the definition of Trotskyism is somewhat blurred; too many people have used the concept subjectively, either with positive or negative connotations, for it to signify anything unambiguous. The Lubitzes have done their utmost to remedy this state of affairs by disregarding sectarian restraints and by choosing a broad approach to the subject; they have even gone to the extreme of including some anti-Trotskyist effusions of no real scholarly or current political value.

scholarly journals On Understanding the Administrative Law Subject

2020 ◽  
Vol 12 ◽  
pp. 18-20
Author(s):  
Olga N. Ordina ◽  
Keyword(s):  
Public Administration ◽  
Legal Theory ◽  
Administrative Law ◽  
Executive Power ◽  
Legal Science ◽  
Different Types ◽  
Common Concept ◽  
The Subject ◽  
Points Of View ◽  
Definition Of

In the administrative and legal science there is a refinement, change and expansion of the subject of the dynamic branch of administrative law, aimed at eliminating the resulting lag of legal theory from the legal reality. In our view, of the three basic categories that characterize the subject of administrative law, “public administration”, “executive power” and “administrativepublic activity”, the main generalization category is the category “administrative and public activities”. The phenomenon of the subject of administrative law refracts the problems and discussions inherent in the industry as a whole. In view of the existence of different points of view on the subject of administrative law, the legal science has not yet formulated a single definition of it. There is a tendency to overcome the conflict between different types of understanding, to bring together the positions of different concepts of understanding of administrative law in order to form a “universal” concept of it, to develop its common concept.

scholarly journals KENDALA PENEGAKAN HUKUM TINDAK PIDANA KORPORASI DALAM BIDANG PERPAJAKAAN DI INDONESIA

2021 ◽  
Vol 10 (2) ◽  
pp. 116-137
Author(s):  
Dr.Bambang Ali Kusumo,S.H,Mhum.
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Legal Culture ◽  
Tax Law ◽  
Applicable Law ◽  
Individual Person ◽  
Procedural Law ◽  
Legal Structures ◽  
Data Source ◽  
The Subject

The subject of Tax Law is an individual (person) and a Legal Entity or Corporation. In the enforcement of tax law, there are often deviations from the Tax Law, both committed by individuals and corporations. Efforts to resolve these irregularities for person actors are easier to resolve in accordance with applicable law, but for corporate actors there are many obstacles. What is this obstacle, is revealed through research. The research was carried out with the type of juridical nomative research, the nature of the research was descriptive. The dominant data source is secondary data, which includes primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the obstacles that arise in law enforcement against corporations are caused by weaknesses in legal substance, weaknesses in legal structures, weaknesses in legal culture and weaknesses in procedural law.  

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