scholarly journals MAIN CHARACTERISTICS OF ADMINISTRATIVE ACTS FROM THE PERSPECTIVE OF ADMINISTRATIVE PROCEDURE LAW OF LATVIA AND JUDICIAL PRACTICE

2019 ◽  
pp. 133-147
Author(s):  
Kristine Kore-Perkone
Keyword(s):  
Kyrgyz Republic ◽  
Main Concept ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Literature ◽  
Administrative Procedures ◽  
Administrative Act ◽  
The Law ◽  
Classic Form ◽  
Definition Of

An administrative act is the main concept and instrument of administrative procedure. Despite the availability of other forms of the performance of public administration (for example, practical step, public law agreement, legislative action etc.), an administrative act is considered as an activity in classic form. Consequently, as a rule, the concept of an administrative act is analysed more frequently in the Latvian administrative judicial practice and legal literature. The article provides an overview of the main characteristics of administrative acts from the perspective of Administrative Procedure Law in Latvia. In the article, the author elaborates on several main characteristics of administrative acts from the perspective of judicial practice and Latvian doctrine. The author also undertakes а comparative analysis between the Latvian Administrative Procedure Law and the newly adopted Law on Administrative Activities and Administrative Procedures of the Kyrgyz Republic. From the above, it follows that the positive part of the definition of an administrative act in the Administrative Procedure Law of Latvia is the same as in the Law of the Kyrgyz Republic. Thus, both laws provide for similar features that a decision must have to be recognized as an administrative act. It is noted that the Administrative Procedure Law of Latvia includes an exception to the general principle that an interim decision is not an administrative act, apart from cases when the decision itself substantially affects the rights or legal interests of a person or substantially limits them. The definition of an administrative act, which is stipulated by the Law of the Kyrgyz Republic “On Administrative Activity and Administrative Procedures”, does not indicate that an administrative act is not an interim or procedural decision. The above does not mean that even now in Kyrgyzstan in order to recognize the decision as an administrative act, there must be no features of a final character. The jurisdiction of administrative offenses cases was changed from the jurisdiction of administrative courts to the courts of criminal jurisdiction. Consequently, the competence of administrative cases doesn’t involve considering administrative offences cases.

scholarly journals Legislation on Administrative Procedures: The German Experience

2021 ◽  
Vol 18 (2) ◽  
pp. 204-215
Author(s):  
A. D. Maile
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Procedural Law ◽  
General Order ◽  
Administrative Procedures ◽  
Administrative Act ◽  
The Law

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.

scholarly journals DEVELOPMENT OF THE ADMINISTRATIVE LAW IN THE KYRGYZ REPUBLIC

2020 ◽  
pp. 92-104
Author(s):  
Rustam Madaliev
Keyword(s):  
Administrative Law ◽  
Kyrgyz Republic ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Administrative Legislation ◽  
Administrative Procedures ◽  
Law And Legislation ◽  
Administrative Justice

The article provides an overview and stages of the development of law and legislation on administrative procedures and administrative justice in the Kyrgyz Republic. The article discusses the adoption, implementation, content and the application of the new Law on Administrative Procedure and the Administrative Procedure Code of the Kyrgyz Republic. At the beginning, the socio-political background and the rationale for the ongoing judicial reforms and the efforts of the state to strengthen the rule of law in the Kyrgyz Republic are described. A significant part of article considers steps for developing a law on administrative procedures of the Kyrgyz Republic and the problems associated with its development. Then, the content and issues of implementation and the problems of the practical application of the new law on administrative procedures of the Kyrgyz Republic are disclosed. A separate part is devoted to the development, content, implementation and practice of the application of the new Administrative Procedure Code of the Kyrgyz Republic. The article also outlines the problems and shortcomings in the practice of applying legal norms on administrative procedures and administrative justice in the Kyrgyz Republic. In general, the article summarizes that a new system of administrative law has been formed in Kyrgyzstan to replace “Soviet” administrative law, but there are still problems in understanding and applying the new administrative legislation: not all the regulatory framework and practice of administrative agencies are brought into line with the new legislation; there are facts of not understanding, ignoring and not applying the new legislation by public authorities; not all curricula of higher legal education are brought in line with a new understanding of administrative law. It is necessary to continue the implementation measures to put into practice the new administrative legislation through organizational measures to educate and train law applicators, as well as the development of judicial practice in administrative cases.

The Main Features of the Law Amending the General Administrative Procedure Act

10.4335/32 ◽  
2009 ◽  
Vol 6 (1) ◽  
pp. 71-86
Author(s):  
Tjaša Ivanc
Keyword(s):  
Decision Making ◽  
Key Words ◽  
Cost Effective ◽  
Effective Procedure ◽  
Legal Regulations ◽  
Administrative Procedure ◽  
Electronic Service ◽  
Administrative Procedures ◽  
The Law ◽  
The Right

The Law Amending the General Administrative Procedure Act refers to a variety of provisions. New solutions should contribute to a more rapid, more efficient and more cost-effective procedure. Primarily due to elimination of the inconsistent use of individual provisions in practice, the amending law regulates more definitely the issues of authorising the persons to manage and make decisions at different decision-making levels in administrative procedures in municipalities. The law also develops electronic operations and it especially amends the electronic service provisions. There is a fairly large number of amendments in the Service Chapter. And an important novelty needs to be emphasized. This is the institute of the waiver of the right to appeal which the General Administrative Procedure Act did not know. However, it is well-known in foreign legal regulations and in the Construction Act adopted in our country. KEY WORDS: • administrative procedure • electronic operations • right to appeal

scholarly journals Creative Approaches to the Creation of Contemporary Art Objects and Features of their Legal Protection

2020 ◽  
Vol 10 ◽  
pp. 368-382
Author(s):  
Nataliia M. Myronenko ◽  
◽  
Olena O. Shtefan ◽  
Yuliia O. Kedia ◽  
Olha B. Derkach ◽  
...  
Keyword(s):  
Legal Protection ◽  
The United States ◽  
Creative Work ◽  
Legal Analysis ◽  
Eu Countries ◽  
Judicial Practice ◽  
Art Objects ◽  
The Law ◽  
Definition Of ◽  
Form Of Expression

This study is devoted to the analysis of the current state of legislation of Ukraine and EU countries on copyright protection of works with an unstable form of expression, as well as to determine the features of the legal protection of such objects. The purpose of the article was to explore the existing possibilities in the law of Ukraine and the law of the EU countries for the protection of works with an unstable form of their expression. The article, based on the analysis of international legal acts and national legislation, highlights the elements of protection of works. A significant place in work is devoted to the analysis of theoretical, legislative approaches to the definition of "creativity", "originality", "novelty". It is stated that there is no single waste to the definition of these concepts in the literature and not regulated in the legislation in the field of copyright. A comparative legal analysis of the case-law of the United Kingdom and the United States on the provision of legal protection to works with an unstable form. It is concluded that the normative definition of “creative work”, which is associated exclusively with works of cultural value, is not acceptable for copyright. The article analyses the judicial practice of Ukraine, which has developed in the definition of creative work and illustrates its ambiguity. It is concluded that judges, considering such cases, try to find some stable elements that are inherent in works with an unstable form of expression.

Did You Say ‘Theories of Choice’?

2021 ◽  
pp. 115-136
Author(s):  
Anne-Lise Sibony
Keyword(s):  
Consumer Protection ◽  
Consumer Choice ◽  
Legal Analysis ◽  
Legal Scholarship ◽  
Consumer Law ◽  
Legal Literature ◽  
The Law ◽  
Definition Of ◽  
Alternative Theories ◽  
Meta Theory

This chapter takes up two difficult questions: ‘does the law contain one or more theories of choice?’ and, if it does, ‘is there a meta-theory to tell us which theory of choice to use in which cases?’ Even if one retains a loose definition of what counts as a ‘theory of choice’, there are reasons to be sceptical about the enterprise of mapping out theories of choice underpinning the law. This is because the supply of such theories is both abundant and incomplete while the demand is generally weak. Consumer protection, which purports to protect ‘consumer choice’, would seem to be a designated area of law to look for theories of (consumer) choice. However, an enquiry into legislative work on consumer protection reveals paradoxical efforts to confirm the theory that consumers do well with information rather than investigate alternative theories. It also appears that consumer law embeds several different conflicting theories of consumer choice without any sign of a meta-theory indicating which theory applies to which cases. In addition, where there is a theory of consumer harm justifying legislative intervention, it seems to matter little that we do not have a theory for how consumer choice is distorted. In short, the legislative appetite for theories of choice seems limited. Legal scholarship offers a different picture. A space has emerged in which to discuss theories of choice within legal analysis, which is still in the process of being shaped. Tentatively, it is suggested that the legal literature offers a contrast between deep and narrow discussions of theories of choice, and wide and shallow ones.

DEFINITION AND FEATURES OF THE PUBLIC SERVICE

2021 ◽  
Vol 6 (10) ◽  
pp. 29-36
Author(s):  
Feruza Yuldasheva ◽  
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Civil Service ◽  
Main Concept ◽  
Legal Concept ◽  
The Public ◽  
Theoretical Approaches ◽  
Legal Literature ◽  
Domestic Legislation ◽  
Definition Of

The purpose of this article is to study theoretical approaches to the definition of the concept of public service. The author has researched a significant list of Soviet and modern legal literature devoted to topical issues of the institute of public service. The main concept of this article is that the institute of public service is considered by us from the standpoint of consistency. The author's definition of the concept of "public service" is proposed. In addition, the article presents various concepts of understanding the concept of "public service". At the same time, the author draws attention to the fact that there is no unified normative establishment of the legal concept of "public service" in the domestic legislation. The conclusions are based on the analysis of the experience of foreign countries.Keywords: public service, civil service, public service, public administration, types of public service

Sijilmâsî's Manual of Maghribî 'amal, al-'Amal al-Muṭlaq: A Preliminary Examination

1974 ◽  
Vol 5 (4) ◽  
pp. 484-496
Author(s):  
Henry Toledano
Keyword(s):  
West Africa ◽  
Case Law ◽  
North West ◽  
Special Collections ◽  
Judicial Practice ◽  
Preliminary Examination ◽  
Legal Literature ◽  
The Law

Juristically speaking, ‘amal means the practice of the courts, and in Mâlikî doctrine it has a regulative force. As it developed in North West Africa, and especially in Morocco, ‘amal represents a unique instance of Muslim case-law. A wealth of Maghribî legal literature bears witness to the paramount importance and the success that ‘amal has acquired as an official source of the law in Morocco. This literature includes collections of ‘responsa’ (fatâwî), ‘opinions’ (ajwibah), ‘precedents’ (nawâzîl), and ‘formularies’ (wathâiq). But besides these general works, there exist special collections of judicial precedents with critical and analytical commentaries. These were designed to serve as practical ‘amal manuals for the qâdîs, who, in Mâlikî doctrine, are required to follow the judicial practice even when it runs contrary to the predominant opinion (mashhûr) of the school.

scholarly journals Modernizing Administrative Procedural Law in Slovenia as a Driving Force of Efficient and Good Administration

2011 ◽  
Vol 4 (2) ◽  
pp. 39-66 ◽  
Author(s):  
Polonca Kovač
Keyword(s):  
Driving Force ◽  
Swot Analysis ◽  
Historical Method ◽  
Eu Member States ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Judicial Practice ◽  
The Usa ◽  
Administrative Procedures ◽  
Traditional Patterns

Abstract The article presents the current organization and the past and potential development of administrative procedural law - particularly the General Administrative Procedure Act - in Slovenia from its independence in 1991 till 2011. The author critically evaluates the regulation of general and special administrative procedures in Slovenia in light of the insufficient overcoming of traditional patterns. Namely the regulation in place overprotects the rights of parties and rather neglects the efficiency of administrative procedures as a whole. The evaluations are supported by the development of the theory of governance, radical changes in society and the need for a shift in the understanding of state / authority in the system in Slovenia and other countries (e.g. Finland, Croatia or the USA). The Slovenian system is firstly analyzed using the historical method and later on, it is assessed in terms of the efficiency of administrative procedures as regulated and run in administrative and judicial practice by means of a SWOT analysis. Additionally, particular emphasis is put on the comparative analysis of the Slovenian system to internationally recognized principles in administrative matters, deriving from the experience of the ECHR, the EU Ombudsman code and EU member states, and theory. The main finding is that in comparison, the standardization of parties’ rights far exceeds basic rights of defense as framed in constitutional terms which in several ways diminishes the overall efficiency of administration. The author therefore proposes the basis for a multilevel model of governing administrative relations de lege ferenda, intended to regulate in more detail the procedural status of the parties on one side and simultaneously the pursuit of public interest on the other. Based on the latest scientific findings, the criteria for differentiation include: relevance of the subject, degree of conflictuality of interests, need for rationality and efficiency of administration, and the position of the authoritative body. The objective is to move administrative procedural law from the margins of modernization of the public administration as found in the development of the Slovenian system in the last two decades and to make it its driving force, instead.

scholarly journals Legal Definition of Irresistible Force in the Civil Law of Russia and China

2021 ◽  
Vol 8 (3) ◽  
pp. 93-120
Author(s):  
S. Zimneva ◽  
T. Popova ◽  
H. Siao
Keyword(s):  
Civil Law ◽  
Theoretical Concept ◽  
Republic Of China ◽  
Legal Definition ◽  
Judicial Practice ◽  
Legal Literature ◽  
Force Majeure ◽  
Coronavirus Infection ◽  
Russian Law ◽  
Definition Of

The research focus is on concept of force majeure and irresistible force as a reason to release the parties from liability for failure to perform civil obligations. The authors examine theoretical concept and legal definition of “irresistible force” and its characteristics based on legislation, legal literature and judicial practice of the Russian Federation and the People’s Republic of China. Also, the authors analyze the civil law jurisdictions on irresistible force, relatively to its ambiguity and situation with the spread of the new coronavirus infection (COVID-19) and come to the conclusion that courts in each specific case should establish irresistible force circumstances. The work uses a linguistic (philological) method, in particular, the method of distributive analysis of the terms “irresistible force” and “force majeure.” The article shows that in modern Russian law the expression “irresistible force circumstances” has more efficient terminological potential. The authors propose implementation of “irresistible force circumstances” concept in the Russian Civil Code, which would more accurately reflect the essence of this concept.

scholarly journals FICTITIOUS ADMINISTRATIVE ACTS: PROSPECTS OF REGULATION IN THE COUNTRIES OF CENTRAL ASIA

2020 ◽  
pp. 26-40
Author(s):  
Leonid Khvan
Keyword(s):  
Central Asia ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Public ◽  
Administrative Procedure ◽  
Central Asian ◽  
Tacit Consent ◽  
Administrative Procedures ◽  
Central Asian Countries ◽  
Administrative Act

The Central Asian countries – Kazakhstan (twice: in 2000, 2015–2016), Kyrgyzstan (twice: in 2004, 2015), Tajikistan (in 2007), and Uzbekistan (twice: in 2007, 2015–2016) – are trying to implement laws on administrative procedure into their national legal systems. Laws on administrative procedure are а tool of western philosophy, an institute of European administrative law of the European understanding of open government and effective administrative regulation, approaches to which the countries of the region have begun to develop relatively recently. Instead of a formal pursuing the adoption of laws on administrative procedure, it is more important to find answers to the countries’ readiness to accept laws on administrative procedure into their existing social, political and economic realities, including the peculiarities of the legal systems. The research notes а lack of two key concepts of the laws on administrative procedure – the concept of administrative procedures as such and the concept of administrative acts. It is analyzed the possibility of implementation of one of the variants of the administrative decision adopted as the result of a fictitious approval (Genehmigungsfiktion). Today, in Central Asia а truncated model of fictitious approval is in operation – the principle “silence gives consent” – within the sphere of licensing procedures of entrepreneurship: “if the public authority does not submit within the established deadlines а motivated refusal or authorization document, such а document is considered to be issued (i. e. the procedure is deemed to be completed)”. The article provides its comparative legal analysis of the application of fictitious approval in the countries of Central Asia. The author arrives at а number of conclusions: − administrative “silence” can be used by the legislator as a fictitious administrative act (tacit consent); − administrative “silence” is а form of an administrative act, but only on the basis of legislative clauses; − objective limitations of the use of administrative “silence” are shown; − different types of inactivity are classified for its effective objection, the position of the term in the system of such definitions as “administrative silence”, “delay in the adoption of an administrative act”.

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