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.

scholarly journals INVENTORY OF STOCK LAND OF UKRAINE IN THE SYSTEM OF ADMINISTRATIVE PROCEDURES

2020 ◽  
Keyword(s):  
Land Use ◽  
Public Administration ◽  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Perspective Planning

The article is devoted to the analysis of the concept of "administrative procedure" in the mechanism of public management of the land use and protection of the reserve land of Ukraine and the concept of "inventory of reserve land" and its place in the system of administrative procedures. It is determined that one of the promising directions for ensuring the efficiency of the implementation of the system of administrative procedures in the field of natural resources is to intensify the implementation of the state inventory of the reserve lands, the priority use of which is determined by the need to solve strategic complex problems of the development of the Ukrainian state. The purpose of this study is to elucidate the problems of legal regulation of the administrative procedure of the state inventory of lands of the reserve of Ukraine. It is determined that among the features of the administrative procedure in the mechanism of public management in the field of land use and protection are the following: they are related to the activities of public administration bodies; regulated by administrative and legal norms; ensure the consistency of actions that the subject of these relationships must take; their purpose is to ensure the exercise of the rights or obligations of a particular legal entity; applied to resolve a specific issue; entities are public authorities, local self-government bodies and their officials and officials natural and legal persons; entails the onset of external consequences; are completed by the adoption of the relevant administrative act, which is binding. The author investigates organizational and legal prerequisites for land inventory. It is concluded that the administrative procedure of the state inventory of the land of the reserve is the activity of public administration bodies, regulated by administrative norms, which provides for the collection and analysis of the information about the object of inventory and their entry in the State Land Cadastre of Ukraine in order to facilitate the effective use of the state land fund and sale interest. In the course of the conducted research it is determined that the state inventory of the land fund of Ukraine will allow to prevent violations of the land legislation and to ensure effective management of land resources, to carry out perspective planning of their use.

scholarly journals Judicial Protection of Individuals in an Administrative Procedure by Means of Administrative Proceedings

2021 ◽  
Vol 6 ◽  
pp. 34-41
Author(s):  
Aleksandr I. Stakhov ◽  
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Public Authorities ◽  
Administrative Process ◽  
Legal Norms ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
Judicial Protection

The article highlights and studies judicial protection of individuals and organizations (individuals) in the administrative process as a special way of implementing justice on the appeals of citizens and their associations for the protection of their rights, freedoms, and legitimate interests in the course of Executive (non-judicial) and judicial administrative processes from the perspective of an integrative understanding of the administrative process. Taking into account the direct effect of the norms of the Constitution of the Russian Federation, the legal basis for judicial protection of individuals in administrative proceedings consists of two components: 1) the constitutional basis for; 2) legal grounds. Conducted a comprehensive analysis of the legal norms that constitute the constitutional basis and a legislative basis for judicial protection of individuals in administrative process, in which: justified the constitutional right of individuals to protection in the administrative process through the administrative procedure; is General conclusion that the subject of this judicial protection are contested in courts decisions and actions (inaction) of administrativepublic bodies and officials; the author substantiates the allocation of administrative court cases on the protection of individuals in administrative proceedings, which are divided into separate categories depending on the nature of the legal consequences of disputed decisions, actions (inaction) of administrative and public authorities and officials, as well as the nature of the dispute being resolved. In accordance with art. 72 of the Constitution of the Russian Federation allocated administrative law and administrative procedural decisions and actions challenged in court, in administrative proceedings, is the typology that best reveals the current level of processualists administrative activities public administration, other administrative public authorities and administrative public officials operating in the Russian Federation, allows you to identify priority areas of optimization of administrative proceedings in cases of settlement of administrative law disputes.

scholarly journals Reflections About the Administrative Process in Modern Russia

2021 ◽  
Vol 18 (3) ◽  
pp. 277-291
Author(s):  
A. A. Grishkovets
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
The Russian Federation ◽  
Administrative Courts ◽  
Administrative Jurisdiction ◽  
Administrative Proceedings ◽  
Administrative Justice

The article deals with the problem of understanding the administrative process in modern Russia. Discussion about its essence has not stopped in the science of administrative law for many years. There are two main points of view. The administrative process is understood in a narrow sense as a jurisdictional activity and in a broad sense as a set of administrative procedures, administrative jurisdiction and administrative justice. The opinion is expressed that the understanding of the administrative process should be based on the understanding of the subject of administrative law. After the adoption of the Code of Administrative Proceedings of the Russian Federation in our country, a real legal basis appeared for the creation of administrative justice, which resolves disputes between a citizen and the state. The legal nature of administrative justice and administrative jurisdiction is not the same. They belong to various subbranches of administrative law. The situation should be preserved when one part of cases of administrative offenses is considered by courts, and the other - by other bodies of administrative jurisdiction. The proposal to consider cases of administrative offenses in accordance with the norms of the Code of Administrative Proceedings is critically assessed. An attempt to create administrative courts in the Russian Federation is analyzed and evaluated. The experience of creating administrative courts in France and Germany is presented. The reasons why the administrative courts were never created are indicated. Administrative cases are considered by courts of general jurisdiction. An attempt to adopt the Administrative and Administrative Procedure Codes of the Russian Federation is analyzed. The Code of Administrative Proceedings of 2015, on the basis of which administrative cases are considered, is, in fact, the Administrative Procedure Code. The proposal to develop and adopt the Federal Law “On Administrative Procedures” is critically assessed. It is concluded that the administrative process is a judicial procedure for considering cases arising from public legal relations according to the norms of the Code of Administrative Proceedings of the Russian Federation, as well as the activities of bodies of administrative jurisdiction, including the court, to consider cases of administrative offenses in the manner established by the Code of the Russian Federation on Administrative Offenses.

scholarly journals DETERMINING INDIVIDUAL CATEGORIES OF ADMINISTRATIVE PROCEDURES FOR PUBLIC REGISTRATION OF CIVIL STATES WITH ACCOUNTING OF LEGISLATIVE TRANSFORMATIONS

2019 ◽  
pp. 170-173
Author(s):  
O. H. Pohrebniak
Keyword(s):  
Administrative Law ◽  
The Public ◽  
Administrative Procedure ◽  
Modern Development ◽  
The Status ◽  
Civil Status ◽  
Administrative Procedures ◽  
State Registration ◽  
Administrative Proceedings ◽  
Theoretical Developments

The article defines certain peculiarities of administrative proceedings of state registration of marriage and establishment of paternity in Ukraine. It has been established that the procedures for state registration of acts of civil status are types of administrative procedures, it should first be noted that the general normative act which should define the notions and peculiarities of such procedures should be the Law of Ukraine “On the administrative procedure” 2018, which at present time is a project and submitted to the VerkhovnaRada of Ukraine for consideration. As a rule, scholars agree that the administrative procedure is directly related to the activities of the public administration and is an established algorithm for the functioning of the subjects of power. In this case, the procedures for state registration of acts of civil status are no exception. They are a kind of administrative procedures and implemented by state authorities, and in certain cases, and by local self-government bodies. At the same time having its own peculiarities regarding the procedure for implementation and the subject structure of such procedures. It has been established that the modern development of domestic administrative legislation and the practice of its application testifies that at present the administrative procedure as an independent component of administrative law has not yet been fully formed, although, given the active theoretical developments of the representatives of the administrative and legal science on the pages of scientific, journalistic and educational publications concerning the concept, features, types and structure of administrative procedures, and referring to the active legislative development of this tyranny, it is safe to say that the process of the administrative procedure in the structure of administrative law is actively continuing. Therefore, on the basis of theoretical developments and practical features, the author’s understanding of the concept of “administrative procedure of state registration of acts of civil status” is determined. In addition, given the specific features of administrative proceedings for state registration of civil status acts, as well as for a more complete clarification of the status and authority of all participants in certain administrative procedures, the necessary additional introduction of the concept of “implementation of the administrative procedure” is argued. Such category will allow to find out the place, role and authority not only of the administrative body, but also other participants in administrative proceedings. Thus, under the implementation of an administrative procedure, it should be understood as the observance, execution, use and application of procedural steps directed at the consideration and resolution of an administrative case.

scholarly journals CONSULTATIONS WITH THE PUBLIC AND STUDY OF PUBLIC OPINION AS ADMINISTRATIVE PROCEDURES: GENERAL CHARACTERISTICS

2020 ◽  
pp. 140-150
Author(s):  
В. О. Кінзбурська
Keyword(s):  
Public Opinion ◽  
Public Information ◽  
Public Consultation ◽  
Public Authorities ◽  
Competitive Selection ◽  
The Public ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Public Consultations ◽  
Public Monitoring

In the article the author defines the list of administrative procedures of interaction of state bodies with the public, which includes the procedures that arise in connection with: 1) public consultations (organization and conduct of public discussions of regulations); 2) the study of public opinion; 3) involvement of the public in the work of commissions established under public authorities; 4) exercising public control and supervision; 5) carrying out information activities of state bodies (publication of public information about the work of state bodies, providing answers to public requests for information); 6) activities of public councils in terms of interaction with state bodies (conducting public consultations, conducting public monitoring, holding meetings of the public council and making decisions of a recommendatory nature); 7) submission of appeals and requests for information (application of administrative procedures). The author analyzes some administrative procedures of interaction of state bodies with the public, namely: conducting public consultations and studying public opinion. The key features of the administrative procedure of public consultations are identified, which include: its dual form of implementation, as such consultations can be carried out both in person and via the Internet; availability of mandatory and optional stages; close connection with other administrative procedure related to the implementation of information activities of public authorities; obligatory documentation of the result in the form of a report, and in case of a face-to-face consultation with the public, also a protocol; the possibility of initiating this procedure by both entities government agencies and civil society institutions. It is noted that the administrative procedure for the study of public opinion is similar to the general administrative procedure for public consultation, but has its differences, in particular: it is initiated exclusively by state bodies (executive authorities); has no optional stages; provides for competitive selection among the subjects of public opinion polls, ie in fact it is a different administrative procedure for competitive selection; does not require logging, and the main document for the implementation of such a procedure is a report.

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

About influence of administrative legislation on maintenance of discipline «Administrative law»

2017 ◽  
Author(s):  
Наталья Косач ◽  
Natal'ya Kosach
Keyword(s):  
Administrative Law ◽  
Administrative Legislation ◽  
State Administration ◽  
Administrative Justice

The article deals with the problematic issues of teaching the Administrative Law. The interrelation between administrative law and changes in the organization of state administration is analyzed. Substantiates the proposal to include a section on the institution of administrative justice.

scholarly journals THE STRUGGLE OF WORLDVIEWS IN THE FORMULATION OF LEGAL NORMS ON MEASURES OF ADMINISTRATIVE AND PROCEDURAL ENFORCEMENT

2021 ◽  
pp. 35-41
Author(s):  
O. I. Mykolenko ◽  
О. M. Mykolenko
Keyword(s):  
Administrative Law ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Court Proceedings ◽  
Theory Of Law ◽  
The One ◽  
Scientific Worldview ◽  
National Police ◽  
Rule Making

The article reveals the main contradictions that arise between the scientific worldview and the worldview of the legislator on measures of administrative coercion. Emphasis is placed on the fact that in the development of regulations that contain administrative law, often ignore the achievements of the science of administrative law and process and use the achievements of related sciences, in particular, the theory of state and law, theory of public administration, theory of procedural law, etc. On the one side, this indicates the openness of knowledge of administrative law, because it uses the experience of other sciences, and, on the other – the chaos of scientific knowledge about administrative law phenomena, as well as the further process of unbalancing the existing doctrine of administrative law. On the example of the provisions of the Law of Ukraine “On the National Police” the inconsistency of the norms of the administrative legislation with the provisions of the doctrine of administrative law on measures of administrative coercion is revealed. Also, on the example of the provisions of the Code of Administrative Procedure of Ukraine, the influence on the process of formation of norms of administrative law on measures of administrative coercion of the provisions of the theory of civil procedural law is revealed. It is proved that the measures of procedural coercion are heterogeneous in terms of target orientation and consequences of application. Some of them are aimed at providing evidence in the case, some – to ensure court proceedings, and some of them – to punish the person who violated the requirements of procedural law. Instead, administrative procedural legislation, regulating measures of procedural coercion, ignores the theory of administrative law and process and borrows the experience of civil procedural and economic procedural regulation. It is emphasized that the unification of procedural legislation, which is taking place today in Ukraine, destroys the system of science of administrative law and process. It is concluded that the rules of administrative law, which enshrine measures of administrative coercion and measures of procedural coercion, indicate a significant gap between the theory of law and rule-making, which threatens the continued existence and development of the theory of administrative law and process.

scholarly journals EXECUTION OF ADMINISTRATIVE ORDERS ACCORDING TO SWISS ADMINISTRATIVE LAW

2019 ◽  
pp. 62-71
Author(s):  
Marc Steiner
Keyword(s):  
Administrative Law ◽  
Penal Code ◽  
Special Importance ◽  
Public Authorities ◽  
Administrative Procedure ◽  
The Law ◽  
The Difference ◽  
Debt Enforcement

This contribution elaborates on the rather seldom treated topic of “execution” of administrative acts which lies at the interface between the administrative law and the law on administrative procedure. Special importance hereby is attributed to remedies against decisions on the enforcement of administrative acts and other types of injunction, that are in connection with a threat of punishment in accordance with Article 292 of the Swiss Penal Code. With reference to a recent judgment of the Swiss Federal Administrative Court, the law on debt enforcement and bankruptcy is also explained pointing out the difference between the enforcement of administrative acts and the execution of contractual claims on the part of public authorities.

scholarly journals CHARAKTER PRAWNY ODPOWIEDZIALNOŚCI ZAWODOWEJ W BUDOWNICTWIE

2016 ◽  
Vol 13 (4) ◽  
pp. 145
Author(s):  
Bartosz Majchrzak
Keyword(s):  
Construction Industry ◽  
Administrative Law ◽  
Specific Character ◽  
Professional Liability ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Legal Nature

THE LEGAL NATURE OF PROFESSIONAL LIABILITY IN THE CONSTRUCTION INDUSTRYSummary The article concerns the legal nature of professional liability in the construction industry (Articles 95-101 of Ustawa z dnia 7 lipca 1994 r. – Prawo budowlane: the Polish Construction Act of July 7, 1994; Dz.U. 2013, Item. 1409; with later amendments; hereinafter P.b.). This issue requires an analysis of the relevant norms of P.b. in the context of the typical characteristics of administrative and disciplinary liability. It can be concluded that the professional liability of persons performing independent technical duties in the construction industry has a specific character, combining elements of administrative law with the solutions adopted for disciplinary penalties. The function of this liability and its essential procedural regulations, which are subject to the Polish Administrative Procedure Code (Kodeks postępowania administracyjnego) suggest its nature is administrative. However, a number of specific regulations have been drawn from the model applicable in disciplinary liability (including the deciding authority, the initiator of the proceedings, the prosecutor’s function, moderation of penalties, the catalogue of penalties, the institution of limitation of proceedings, entry of records in the register of sentenced persons and its erasure). As a result, we can formulate an objection of incoherent regulation.

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