scholarly journals Domniemania i fikcje prawne w ogólnym postępowaniu administracyjnym. Wybrane zagadnienia

2019 ◽  
Vol 28 (4) ◽  
pp. 125
Author(s):  
Maciej Podleśny

<p class="Standard">The subject of the article was to discuss the institutions of presumptions and legal fictions applicable in the general administrative procedure. Due to the complexity of the problem, the author has attempted to only analyse selected issues relating to the subject matter hereof. The study identifies situations in which the discussed institutions are established, describes their substance, function and the objective for which they were introduced. The impact presumptions and legal fictions on the validity of objective truth in the course of administrative proceedings have been demonstrated and the values underlying their introduction to the Code of Administrative Procedure have been discussed.</p>

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim


2019 ◽  
Vol 11 (3) ◽  
pp. 69
Author(s):  
Fares Jamiel Hussein Alsufy

This study aims to determine the extent to which the Boards of Directors of the industrial Jordanian Companies listed on Amman Stock Exchange (ASE) comply with the controls of composing audit committees, their working mechanisms, and the impact on the corporate governance. To achieve the objectives of this study, (155) questionnaires were developed and distributed to the staff members relevant to the subject matter of the study. Out of distributed questionnaire, (144) responded questionnaires only were collected from respondents. The number of questionnaires analyzed was (135) and a T-test has been used to test the hypotheses. The results of the study showed that there is a statistically significant correlation on the existence of the commitment of the Boards of Directors of the Jordanian Listed Companies to the disciplines of audit committees&rsquo; formation and their mechanisms of work. The results also demonstrated the existence of impact of this commitment on the governance of these companies. The commitments to these controls and their work mechanisms have been developed to enhance corporate governance in Jordanian companies.


2021 ◽  
Vol 39 (6) ◽  
Author(s):  
Yuriy Sigidov ◽  
Oksana Akulich ◽  
Nadezhda Chapkina ◽  
Alexander Kokorev ◽  
Lyubov Melnikova

The relevance of the subject matter of scientific research is determined by the importance of introducing innovative solutions in the activities of modern enterprises in various sectors of the economy in general and the need for a detailed study of various aspects of the impact of innovative mechanisms in ensuring the full functioning of the financial accounting systems of the enterprise in particular. In this context, the purpose of the study is to investigate the role and functions of innovative mechanisms in the financial accounting system of an enterprise, regardless of its field of activity, with an assessment of the effectiveness of the implementation of such innovative mechanisms and methods. The leading approach in this study is the method of system analysis, which allows performing a structured review of various aspects of the subject matter, in terms of identifying the main patterns of implementation of innovative solutions and mechanisms in the activities of the financial accounting system of the enterprise. The results of this study reflect the essence of the research performed and clearly demonstrate the sequence of development and subsequent implementation of innovative mechanisms in the activities of the relevant systems of modern enterprises; the final conclusions of this study are formulated based on the obtained results. The results and conclusions of this study are of significant practical value for specialists working in the financial accounting system of enterprises, regardless of their specific affiliation to certain areas of economic activity, in terms of providing a qualitative understanding of the need to introduce innovative mechanisms in the financial accounting structures of these enterprises, in order to reduce unjustified losses in the activities of these enterprises and increase the overall level of their economic efficiency in the current economic situation.


Author(s):  
Mbosowo Bassey Udok

Human existence as a whole is attached to a culture. Every human is a member of a group that acts within the framework of patterns of behavior that is unique or peculiar to the group. Each group determines the component of her culture, and culture builds an identity for the group. This chapter is poised to examine definitions of culture across cultural backgrounds to show similarities and differences in articulating the subject matter. It explicates the components of culture which include the product and technical knowledge of human beings in a given environment. The work plunges into the characteristics of culture as socially based. Here, culture is seen as a creation of society and shared among members of the same society and learned through associations with others in the group. The work concludes that though there is no universally acceptable definition of culture, the impact of culture cannot be undermined as its influence is felt across disciplines and communities.


Author(s):  
Andrew Burrows

The enactment of the Human Rights Act 1998 (HRA 1998) has raised a number of novel issues for English law. But the impact of the Act on the subject matter of this book has been limited. That impact is best understood by clarifying that there are two main respects in which the Act is relevant to civil wrongs.


1961 ◽  
Vol 16 (04) ◽  
pp. 233-260
Author(s):  
T. Hugh Beech

Can the National Pension Scheme as a whole now be expected to maintain solvency? On what lines may the Scheme be expected to develop in the future? Should contracting out not have been permitted?The temptation to go into these and other fascinating questions will be resisted as far as possible; it is proposed instead to confine the subject matter of this paper reasonably closely within the area implied in the title. In order to establish the context in which the present situation has arisen, it is appropriate, however, to begin with a very brief survey of the more recent history of national and private pensions in Britain before the passing of the National Insurance Act 1959, which will be referred to henceforward simply as ‘the Act’; the situation before the Act comes into operation will similarly be referred to as ‘pre-Act’. When the Act comes into operation two new situations will arise; ‘Contracted-in’ and ‘Contracted-out’. There are thus three conditions to consider, and as far as possible when using expressions in connexion with contracting out such as saving, extra cost, etc., it will be stated whether these are by comparison with the contracted-in or pre-Act position, lack of clarity on this point having been a source of confusion in some of the literature on the subject.


Kanigara ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 1-9
Author(s):  
Tri Astuti Arigiyati ◽  
Betty Kusumaningrum ◽  
Krida Singgih Kuncoro

The learning media used by teachers are still relatively simple, such as student worksheets and student books published by the Ministry of Education and Culture and PowerPoint and learning videos that are already on YouTube. Not yet found a teacher who uses VideoScribe and PowerPoint-based multimedia. The majority of PowerPoints are only used as a media presentation with simple features. Learning with the media used by teachers is still not too exciting for students' attention. Students assume that the learning media used by teachers have nothing new that makes students interested in understanding the subject matter. The impact that occurs is the lack of interest, motivation, and enthusiasm of students in participating in learning; consequently, student learning achievement is still below the KKM. The solution to the problem offered is related to the existing problem is the implementation of training activities and mentoring the development of learning media based on Sparkol VideoScribe for Muhammadiyah 4 Yogyakarta Middle School teachers. The effectiveness of this training was measured by the effectiveness questionnaire and the number of teachers who can use VideoScribe.


2013 ◽  
Vol 10 (8) ◽  
pp. 1878-1883
Author(s):  
Ndubuisi Okolo ◽  
Okonkwo Rita Ifeoma ◽  
Ifeoma Amakor

This study is an investigation on effective risk management with respect to organizations in Nigeria. The objective of the paper is to examine factors militating against effective risk management in organizations. The paper adopted content analysis of library materials, journal publications, internet materials and other documented materials relevant to the subject matter. It was concluded that effective risk management is a proactive approach towards mitigating the impact of threats, maximizing opportunities and optimizing the achievement of objectives. It was recommended that managers of organizations in Nigeria should imbibe and articulate good corporate risk attitude, strong risk culture and clearer risk appetite.


2020 ◽  
Vol 76 (1) ◽  
pp. 112-117
Author(s):  
D. Y. Denischuk

The study is focused on the protection of state secrets in the State Penitentiary Service of Ukraine (SPS). The subject matter of scientific work is the features of state experts on secret issues, whose activities play a key role in classifying information as a state secret. The paper is aimed at analyzing the impact of numerous reforms of the SPS system on the composition and characteristics of the relevant state experts. During the research, the author has carried out the analysis of laws and bylaws, where special attention was paid to the List of officials entrusted with the functions of state experts on secret issues, and the Code of Information Constituting State Secrets. The research emphasizes that the relevance of the analysis is related not only to the already implemented changes in the system of the State Penitentiary Service of Ukraine, but also to the expectation of no less important reforms that significantly affect the structure, subordination and forms of activity of SPS agencies. As a result of the conducted analysis the author has provided characteristics to the features of quantitative and qualitative structure of the state experts which were caused by structural changes of SPS agencies. The peculiarities of the activity of state experts of SPS are characterized, such important requirements to their qualification as the corresponding experience and deep possession of the maintenance and essence of daily needs of SPS system are allocated. The obtained results substantiate the expediency of expanding the composition of state experts on secret issues in the field related to SPS of Ukraine. Based on the findings of the study, the author has offered the position of the Head of the Department for the Execution of Criminal Punishments to be included in the List of officials entrusted to perform the functions of state experts on secret issues.


Author(s):  
Carla Maia

Focusing on the relational dimension of some selected works, this essay proposes to consider the subject matter as films with women rather than films of women. The main effort is to understand something that takes place in-between spaces – before and after the camera, but also between viewer and film – and critically reflect on the aesthetic, ethical and political potential that a cinema marked by different women’s perspectives can bring to light. The author concludes that instead of reflecting a certain proximity between women, most films by contemporary female documentarists in Brazil, are suffering from the impact of the difference in social station between the director and the women being filmed.


Sign in / Sign up

Export Citation Format

Share Document