scholarly journals Legal Aspects of the Imposition and Enforcement of an Administrative Penalty for Failure to Register a Vehicle Imported from the Territory of a European Union Member State

2021 ◽  
Vol 30 (2) ◽  
pp. 33
Author(s):  
Tomasz Brzezicki ◽  
Piotr Rączka ◽  
Jacek Wantoch-Rekowski
Keyword(s):  
End Of Life ◽  
Union Member ◽  
Road Traffic ◽  
Legal Aspects ◽  
European Union Member State ◽  
Legal Institution ◽  
Administrative Procedure ◽  
Traffic Law ◽  
Administrative Proceedings ◽  
Administrative Penalty

<p class="Akapitzlist1">The amendment to the Act on Road Traffic Law introduced a new legal institution related to failure to register a vehicle consisting of an administrative fine in the amount of PLN 200 to 1,000. The penalty is imposed by means of an administrative decision issued by a competent starost. With the introduction of the above-mentioned institution in legal circulation, new problems will arise in connection with conducting administrative proceedings to impose a penalty, as well as determining its amount. In addition, a starost, as a creditor, is obliged to initiate enforcement proceedings in the absence of voluntary execution of the decision imposing the penalty. The established body aims to ensure the implementation of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles, concerning, i.a., the absence of sanctions for not registering an imported vehicle and not registering an end-of-life vehicle. The following article discusses the main problems related to the application of the institution introduced with regard to the administrative procedure, the nature of the penalty imposed, as well as its enforcement. The considerations were carried out on the basis of a dogmatic method.</p>

scholarly journals The POSITIVE SILENCE TO THE REMOVAL OF TREES – AN ANALYSIS OF A LEGAL INSTITUTION

2019 ◽  
Vol 36 (1) ◽  
pp. 7-26
Author(s):  
Anna Haładyj ◽  
Katarzyna Kułak-Krzysiak
Keyword(s):  
Environmental Protection ◽  
Point Of View ◽  
Legal Institution ◽  
Nature Protection ◽  
Administrative Procedure ◽  
Tree Removal ◽  
Common Nature ◽  
Administrative Proceedings ◽  
The Right

The authorisation for removing trees constituting a common nature protection instrument was supplemented in 2017 by the obligation to notify the intention to remove trees. The right to notify and object to the intention of tree removal corresponds conceptually to the model of positive silence provided for in the amended Code of Administrative Procedure as one of the ways of administrative silence. Our objective is to analyse procedural solutions and the substantive institution of environmental protection law which consists in a notification from the point of view of assessing the correctness of its application when considering law science and administrative proceedings

scholarly journals A semi-quantitative model for ranking the risk of incursion of exotic animal pathogens into a European Union Member State

2021 ◽  
pp. 100175
Author(s):  
Roberto Condoleo ◽  
Rachel A. Taylor ◽  
Robin R.L. Simons ◽  
Paul Gale ◽  
Ziad Mezher ◽  
...  
Keyword(s):  
European Union ◽  
Member State ◽  
Union Member ◽  
Quantitative Model ◽  
European Union Member State ◽  
Animal Pathogens ◽  
Exotic Animal

Temporary application of international treaties: legal aspects

2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Aspects ◽  
Vienna Convention ◽  
Main Body ◽  
Legal Institution ◽  
International Treaties ◽  
Provisional Application ◽  
The United Nations ◽  
The Law

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

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

scholarly journals The impact of traffic law enforcement on road accident fatalities in Botswana

2011 ◽  
Vol 5 (1) ◽  
Author(s):  
Thuso Mphela
Keyword(s):  
Law Enforcement ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Secondary Data ◽  
Road Accident ◽  
Driver Behaviour ◽  
Traffic Law ◽  
Traffic Law Enforcement ◽  
To Come ◽  
The Impact

Botswana has one of the highest rates of increase in road traffic accidents and fatalities in the world. The amendment of road laws came with stricter penalties for road offences which included higher fines and longer jail terms. This study uses multiple regression analysis subjecting variables to backward stepwise regression with a view to assessing the impact traffic law enforcement has had on fatalities in Botswana after the review of the Traffic Act of Botswana in 2008. The study uses secondary data and interview data obtained from law enforcers. The findings reveal that the enforcement of the new road laws has achieved little in the reduction of fatalities. Increasing the minimum driver licensing age may be a panacea to road accidents. Licensed drivers in the age group 30 to 45 years have the lowest rate of fatalities. The study questions the ability of punitive policies (i.e. road fines) to reduce fatalities. It offers that driver behaviour should be studied to come up with relevant policies.

scholarly journals Medical, ethical, and legal aspects of end-of-life dilemmas in the intensive care unit

2021 ◽  
Vol 88 (9) ◽  
pp. 516-527
Author(s):  
Jonathan Wiesen ◽  
Christopher Donatelli ◽  
Martin L. Smith ◽  
Laurel Hyle ◽  
Eduardo Mireles-Cabodevila
Keyword(s):  
Intensive Care Unit ◽  
Intensive Care ◽  
End Of Life ◽  
Legal Aspects

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

2019 ◽  
Vol 28 (4) ◽  
pp. 125
Author(s):  
Maciej Podleśny
Keyword(s):  
Subject Matter ◽  
Administrative Procedure ◽  
Objective Truth ◽  
The Subject ◽  
Administrative Proceedings ◽  
Legal Fictions ◽  
The Impact

<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>

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.

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