scholarly journals ADMINISTRATIVE AND COMMERCIAL LAW AS A LEGAL BASIS FOR THE FORMATION AND IMPLEMENTATION OF THE ECONOMIC FUNCTION OF THE UKRAINIAN STATE

2020 ◽  
pp. 5-16
Author(s):  
Zhanna Bernatska
Keyword(s):  
Legal System ◽  
Logical Consequence ◽  
Administrative Law ◽  
Functional Method ◽  
Commercial Law ◽  
Public And Private ◽  
Strict Adherence ◽  
Depth Analysis ◽  
Economic Function ◽  
Legal Entities

The article is focused on clarifying the place of law norms, which are the basis for the formationand implementation of the economic function of the Ukrainian state within the legal system ofUkraine. The research is based on an in-depth analysis of national and foreign legal literature,primarily German one, focused on the system of law, the grounds for the division of law into publicand private, the system of administrative law as the branch of law, administrative and commerciallaw as the branch of Special Administrative Law.The purpose of the article is to substantiate the idea that administrative and commercial law isthe basis for the formation and implementation of the economic function of the Ukrainian state.The author has separately studied internal structure of this branch of Special Administrative Lawin order to single out new legal entities within its boundaries.System of methods. Generally scientific, special and legal techniques and methods of cognitionhave been used during the research. The historical method of cognition has been used whilestudying the history of the formation of views on the division of law into public and private.The formal and logical method has been used while classifying the criteria for dividing the lawinto public and private. The system and functional method has been used while studying the natureof the legal system and the structure of administrative law as the branch of law. The comparativemethod has been used to clarify approaches to understanding the system of administrative law inUkraine and Germany.Results. The use of the specified methods of scientific cognition made it possible: to state theexistence of the universally recognized theory of the division of law into public and private; tosubstantiate the need for strict adherence to this theory of the division of law while separatinglegal entities within those subsystems of law (branches of law, sub-branches of law and legalinstitutions); to emphasize the need to bring the system of administrative law in line with Europeancounterparts, which provide its inevitable division into General and Special Administrative Law; to single out new branches of law within the framework of Special Administrative Law, takinginto account the functional activities of public administration, as well as administrative and legalguaranteeing of the rights of individuals in the field of public administration.Conclusions. The conducted research allowed us to conclude that the formation and implementationof the economic function of the Ukrainian state is guaranteed by administrative and commerciallaw.The separation of this branch of Special Administrative Law is a logical consequence of: a) theapplication of the theory of law division into public and private to legal relations arising fromthe formation and implementation of the economic function of the Ukrainian state; b) thoroughreform of the system of administrative law of Ukraine, which provides the separation of newbranches of law within the Special Administrative Law; c) approximation of Ukraine to theEuropean administrative space, which stipulates bringing the national legal system in line withthe EU legal system.Administrative and commercial law, like any branch of law, consists of small legal entities thathave been formed within its boundaries. We offer to expand the list of institutions of administrativeand commercial law based on new institutions: a) the institution of forecasting and planning ofeconomic development of Ukraine; b) the institution of protecting the rights of business entitiesand consumers; c) the institution of state assistance to chambers of commerce and industry; d) theinstitution of management of economic activity within public sector of the economy.

scholarly journals Legal control of discretionary powers in Ghana: Lessons from English administrative law theory

Afrika Focus ◽  
1998 ◽  
Vol 14 (2) ◽  
Author(s):  
Kwadwo B. Mensah
Keyword(s):  
Legal System ◽  
Judicial Review ◽  
Theoretical Basis ◽  
Attorney General ◽  
Administrative Law ◽  
Administrative State ◽  
Depth Analysis ◽  
Legal Control ◽  
Popular Party ◽  
Discretionary Powers

This paper develops along the following line. First, we shall attempt to explain what discretion is, why it has become very important in the modem administrative state, and the dangers that it poses in a democratic legal system. It then looks at the problems which have to be faced in justifying judicial review of discretion. It takes an in depth analysis of legal liberalism and functionalism. Aimed with these 'lenses', it attempts to explain the theoretical basis of two important Ghanaian cases, Re Akoto , and People's Popular Party v Attorney General (PPP v AG)'. It examines the provisions which regulate the use of discretionary powers in the Ghanaian 1993 Constitution and it looks at the choices we have to make from the various theories and the development of the administrative state in Ghana.KEY WORDS: functionalism, Ghana, judicial review, law, liberalism 

scholarly journals DINAMIKA DAN IMPLEMENTASI HUKUM ORGANISASI PERUSAHAAN DALAM SISTEM HUKUM INDONESIA

Asy-Syari ah ◽  
2015 ◽  
Vol 18 (2) ◽  
Author(s):  
Muhibbuthabary Muhibbuthabary
Keyword(s):  
Legal System ◽  
Limited Liability ◽  
Business Organization ◽  
Business Organizations ◽  
Commercial Law ◽  
Coordination Unit ◽  
Goods And Services ◽  
Legal Entities

The legal system in Indonesia explained that the act of commerce is the act of purchasing goods for resale. While the organization is a coordination unit comprising at least two people, has a function to achieve a certain goal or set of tools. the company is a unit of business organizations that produce goods and services to meet the needs of the community with the aim of the company is a unit of business organizations that produce goods and services to meet the needs of the community with the aim to obtain profit. The company is a business organization that has carried out business activities and continuous, uninterrupted and overt move out with the aim to get benefit. In the Code of Commercial Law mentioned that perbu-atan commerce on the organization of the company is the act of purchase does not include sales deeds, because sales is part of the aim of business. In practice, the legal system of Indonesia has set about permit the establishment and governance of enterprise organizations are legal entities such as limited liability, Firma, cooperatives, foundations, enterprises, and etc. This has been stipulated in the legislation, namely Law Number 3 of 1992 about the Registration Company and Law Number 8 of 1997 concerning Company Documents.

scholarly journals Legal Control of Discretionary Powers in Ghana: Lessons from English Administrative Law Theory

Afrika Focus ◽  
1998 ◽  
Vol 14 (2) ◽  
pp. 119-140
Author(s):  
Kwadwo B. Mensah
Keyword(s):  
Legal System ◽  
Judicial Review ◽  
Theoretical Basis ◽  
Attorney General ◽  
Administrative Law ◽  
Administrative State ◽  
Depth Analysis ◽  
Legal Control ◽  
Popular Party ◽  
Discretionary Powers

This paper develops along the following line. First, we shall attempt to explain what discretion is, why it has become very important in the modern administrative state, and the dangers that it poses in a democratic legal system. It then looks at the problems which have to be faced in justifying judicial review of discretion. It takes an in depth analysis of legal liberalism and functionalism. Armed with these ‘lenses’ it attempts to explain the theoretical basis of two important Ghanaian cases, Re Akoto and People’s Popular Party v Attorney General (PPP v AG). It examines the provisions which regulate the use of discretionary powers in the Ghanaian 1993 Constitution and it looks at the choices we have to make from the various theories and the development of the administrative state in Ghana.

Fiduciary Principles and Public Offices

2019 ◽  
pp. 302-322
Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Public Institutions ◽  
Policy Implications ◽  
Public Officials ◽  
Public Office ◽  
Public And Private ◽  
Normative Structure ◽  
The Public ◽  
Positive Law

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.

Global Administrative Law: A Transnational Perspective

2021 ◽  
pp. 156-178
Author(s):  
Karl-Heinz Ladeur
Keyword(s):  
Decision Making ◽  
Administrative Law ◽  
International Treaties ◽  
Public And Private ◽  
Private Actors

The most important phenomena attributable to the project of “global administrative law” (GAL) consists of rules, principles, practices, or procedures that have a more informal character and are generated from networks of public and private actors. The main characteristics of those rules is that they tend to be generated below the level of formal international treaties and that norm production occurs—at least in part—outside traditional formal modes of decision-making. However, some GAL norms including standards on products and services in particular, can have far reaching consequences as their factual weight is much more influential than domestic norms. GAL also develops new forms of procedure (e.g., voting) that are different from traditional international forms.

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

scholarly journals The Malta case: distributed ledger technologies (dlts) and Islamic commercial law in the European union. A European controversy.

2020 ◽  
Vol 9 ◽  
pp. 99-109
Author(s):  
Francisco Javier Heredia Yzquierdo
Keyword(s):  
European Union ◽  
Legal System ◽  
Human Activities ◽  
The Other ◽  
The European Union ◽  
Commercial Law ◽  
Legal Principles ◽  
State Of The Union ◽  
Distributed Ledger ◽  
Other Hand

The Shariʿa Law has a comprehensive vision of all human activities, including commerce. The peculiarities of the commercial legal system that derives from the legal principles of Shariʿa emanates from the concepts of forbidden or Haram and permissible or Halal. These principles are applied today to breakthrough commercial developments such as the Blockchain/Digital Ledger Technologies. On the other hand, there is a growing debate about the possibility of the application of Shariʿa Law in the Member States of the European Union, either for social reasons or for commercial reasons. The controversy and opportunities created in the smallest State of the Union, Malta, serves as a sample.

Good Administration in the Administrative Law of the Republic of Latvia

2020 ◽  
pp. 643-663
Author(s):  
Jānis Neimanis
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
Legal Order ◽  
Council Of Europe ◽  
General Acceptance ◽  
Administrative Procedure ◽  
The Republic ◽  
The Impact

This chapter explores the impact of the pan-European general principles of good administration on the Latvian legal system. The chapter concludes that there is a conceptual match between the administrative law of Latvia and the pan-European general principles of good administration. This, among other things, is reflected by the fact that recommendations of the Council of Europe (CoE) were used as models for complementing the Latvian code of administrative procedure. It furthermore claims that general acceptance of the principle of good administration in the Latvian legal order in particular considerably facilitates reception of the CoE’s work in the realm of administrative law. At the same time the chapter highlights that implementation of the principles of good administration in Latvia could be improved and used in a more precise manner.

The Impact of the Pan-European General Principles of Good Administration on German Law

2020 ◽  
pp. 301-329
Author(s):  
Ulrich Stelkens
Keyword(s):  
Legal System ◽  
German Law ◽  
Administrative Law ◽  
Council Of Europe ◽  
System P ◽  
Individual Protection ◽  
National Constitution ◽  
The Right ◽  
The Impact

This chapter discusses the impact on German administrative law of the pan-European general principles of good administration developed within the framework of the Council of Europe (CoE). The chapter highlights that most of the German core statutes on administrative law had already been enacted or were developed before the adoption of the said principles. Moreover, the low availability and the lack of translation of the ‘CoE sources’ as well as the (over)reliance of German courts on the national constitution in developing standards of individual protection present further hindrances for their full permeation. However—at least conceptually—German law lives up to the said principles and often even exceeds them. The chapter concludes that it seems to be only a matter of time and the right opportunity for such impact to become full-blown in the German legal system.

The Pan-European General Principles of Good Administration in the Italian Legal System

2020 ◽  
pp. 182-209
Author(s):  
Marco Macchia ◽  
Claudia Figliolia
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Administrative Law ◽  
European Court ◽  
System P ◽  
Low Degree ◽  
Court Proceedings ◽  
The Impact ◽  
Constitutional Jurisprudence

This chapter discusses the impact of the pan-European principles of good administration on Italian administrative law. The chapter presents the main finding that the Italian legal system is generally in line with these principles. The case law of the European Court of Human Rights has played a particularly strong role in national administrative law (especially in the context of administrative sanctioning and lengthy court proceedings). At the same time, some limitations to full reception of the said principles remain, the most notable of them being the resistance of constitutional jurisprudence to give ‘generalized’ execution to the pan-European principles and the low degree of recognition of the importance of the Council of Europe’s recommendations and conventions (other than the ECHR) for the development of these principles in national administrative law. The chapter concludes by stressing the (sometimes) contradictory nature of Italy’s acknowledgement of the pan-European scope of these principles.

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