scholarly journals SUBJECTS OF ADMINISTRATIVE PROCEEDINGS IN CONFLICT AND NON-CONFLICT ADMINISTRATIVE PROCEEDINGS

2021 ◽  
pp. 54-60
Author(s):  
M. V. Mikheiev ◽  
M. V. Mikheiev
Keyword(s):  
Law Enforcement ◽  
Local Governments ◽  
Unified Approach ◽  
Administrative Process ◽  
Personal Rights ◽  
The Status ◽  
Legitimate Interests ◽  
Definition Of ◽  
Administrative Proceedings ◽  
Legal Entities

The article analyzes the range of participants in administrative proceedings, depending on which of the two groups of proceedings they belong to: conflict or non-conflict. It is noted that for the terminological designation of participants in non-conflict proceedings, special attention should be paid to the procedural position they perform in administrative proceedings. The article defines two groups of participants in non-conflict proceedings, the first of which consists of state executive bodies and local governments and their officials who consider and resolve administrative cases. The second group of participants in non-conflict proceedings consists of individuals and legal entities, as well as, under certain conditions, associations of citizens without the status of a legal entity, who protect personal rights and legitimate interests in the administrative process. The laws establishing the procedure for conducting administrative proceedings do not contain standard procedural terms for designating individuals and legal entities as participants in administrative proceedings in Ukraine. It is proposed to analyze the subjects of conflict proceedings depending on the type of proceedings in which they participate, that is, focusing on such types of administrative proceedings as: administrative-tort proceedings, disciplinary proceedings, proceedings on complaints of citizens, administrative proceedings by way of administrative proceedings. The authors concluded that system of subjects of conflict and non-conflict proceedings is complex and branched, what affects the flexibility of the mechanism of protection of the rights and legitimate interests of citizens as a whole today. It is considered to reform the system of conflict proceedings and to minimize of authorized bodies with broad competence. Also, the need for a unified approach to the terminological definition of participants in non-conflict proceedings is a significant problem in law enforcement that needs to be addressed urgently.

scholarly journals Some Issues of Proceedings in Cases on the Contestation of Legal Acts of Administration in Administrative Proceedings

2020 ◽  
Vol 10 ◽  
pp. 26-27
Author(s):  
Natalya G. Kanunnikova ◽  
Keyword(s):  
State Policy ◽  
The State ◽  
Modern World ◽  
Administrative Process ◽  
Main Form ◽  
Legitimate Interests ◽  
Administrative Proceedings ◽  
Legal Entities

Legal acts of administration are of great importance for the society and state in the modern world, the publication of such acts is the main form of the administrative process. Administrative acts turn the state policy into a reality, perform functions of executive government authorities. However, such acts often violate rights and legitimate interests of individuals and legal entities and thus may be contested by interested parties in administrative proceedings.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

A Study on the Necessity of Enactment of Framework Act on Social Economy: Focusing on the Status and Contents of Si and Gun’s Local Ordinances related to Social Economy in Gyeonggi-do

2020 ◽  
Vol 66 (1) ◽  
pp. 101-126
Author(s):  
Young Soo Park
Keyword(s):  
Local Governments ◽  
Social Enterprise ◽  
Social Economy ◽  
Social Enterprises ◽  
Local Authorities ◽  
The Social ◽  
The Status ◽  
Local Ordinances ◽  
Definition Of ◽  
Specific Definition

Social-economic entities, such as village enterprises and cooperatives, have appeared in addition to social enterprises since the ‘Social Enterprise Promotion Act’ was enacted, and local governments have established ordinances to support them. However, the ordinances have not been generalised and applied as there is no specific definition of ‘Social Economy’ in the applicable parent Act - Social Enterprise Promotion Act. This research aims to revitalise the social economy in local cities and counties in Gyeonggi-do. Thus, the paper has conducted a comparative analysis of the characteristics of the local authorities’ ordinances. The study has identified complex problems of the local ordinances and suggests potential directions for further developments for the ‘Social Economy Ordinances’. The results of the exploration are as follows. Firstly, 27 out of 31 cities and counties in Gyeonggi-do have established and implemented the ‘Social Economy Ordinances’; however, most of them have not specified ‘parent laws’ of the ordinances. Secondly, although, the definitions of ‘Social Economy Ordinances’ are varied in individual local governments in Gyeonggi-do, they have been using similar keywords. Thirdly, the target scopes of the policies under the current ‘Social Economy Ordinances’ operated by local authorities are inconsistent and incoherent in terms of the system of norm and effectiveness. Thus, the ordinances are needed to be collectively reorganised and modified when the Basic Act on Social Economy are enacted. Although the scopes of support are proper in terms of the system of effectiveness, it is necessary to improve the post-management sections for the policy of supporting the social economy.

Tunisia’s jihadi fighters may test ties with Europe

2017 ◽  
Keyword(s):  
Law Enforcement ◽  
Asylum Seekers ◽  
Content Type ◽  
Broad Definition ◽  
The Status ◽  
The Government ◽  
Definition Of ◽  
Foreign Fighters ◽  
New Generation ◽  
At Home

Subject The government's response to returning foreign fighters. Significance The government is grappling with the problem of returning extremist nationals from foreign battlefields as well as Tunisians imprisoned at home and abroad. The status of illegal Tunisian migrants and asylum seekers in Europe has also generated tension, most strongly with Germany. Impacts Pressure from European governments to repatriate Tunisian citizens will further burden state resources and law enforcement efforts. Prosecuting individuals based on a broad definition of terrorism could further alienate and radicalise young Tunisians. Tunisia’s failure to address the problem of radicalisation in prisons may create a new generation of jihadi-salafist leaders.

scholarly journals CONCEPTS OF ADMINISTRATIVE PROCESS IN MODERN SCIENCE OF ADMINISTRATIVE LAW AND PROCESS

2019 ◽  
pp. 66-69
Author(s):  
N. Yu. Hut
Keyword(s):  
Law Enforcement ◽  
Modern Science ◽  
Administrative Law ◽  
Administrative Process ◽  
Legal Literature ◽  
Administration Of Justice ◽  
Narrow Definition ◽  
Definition Of ◽  
The Right ◽  
Broad Understanding

The paper analyzes the concepts of administrative process presented in legal science. It is stated that every concept of the administrative process has the right to exist, because all of them are based on the facts, phenomena and norms actually existing in the legal system of Ukraine. However, three of them are most thoroughly presented in the legal literature: 1) the concept of a broad understanding of the administrative process; 2) jurisdictional (law enforcement) concept of the administrative process; 3) the concept of a narrow understanding of the administrative process. Representatives of a broad understanding of the administrative process argue that the procedural form is present wherever there is a need to implement substantive rules of administrative law, and all organizational legal relations are inherently procedural relations. Representatives of the jurisdictional and law-enforcement concepts of the administrative process, firstly, are convinced that the procedural form can be inherent only in activities related to the administrative-jurisdictional or law-enforcement activities of the competent authorities, and secondly, that the organizational legal relations are evenly distributed between substantive and procedural relations. Representatives of the concept of narrow definition of the administrative process insist that the procedural form relates solely to the activity of one branch of power - the judiciary, and therefore procedural relations arise only in the sphere of administration of justice by the courts.

Preliminary agreement in the purchase and sale’s obligations of real estate

2020 ◽  
pp. 197-205
Author(s):  
Tatyana Bogdanova ◽  
Elena Selezneva
Keyword(s):  
Law Enforcement ◽  
Real Estate ◽  
Opposite Case ◽  
Condi Tions ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Joint Property ◽  
Property Regime

This work is devoted to the study of a preliminary agreement formation in real estate purchase and sale transactions. We give a definition of real estate purchase and sale agreement and analyze the essential terms of both the preliminary real estate purchase and sale agreement and the main agreement. We establish that the conclusion of a preliminary agreement and the resulting obligation to conclude the main agreement can give the counter-party of the transaction additional ways to protect their rights and legitimate interests. We emphasize that the preliminary purchase and sale agreement of real estate must specify conditions that establish the subject and other condi-tions of the main agreement. In the opposite case, if the essential conditions are not defined in the agreement, it is considered not concluded. We analyze the issue of spouses’ property regime of arising from the conclusion of a pre-liminary agreement concerning the disposal of joint property acquired in marriage. We determine the consequences that may occur in the event of a preliminary agreement if one of the spouses is absent or objects. We use practice materials as examples. Analysis of law enforcement practice shows that currently there are a large number of unresolved issues related to the legal qualification of relations arising from preliminary agreements. The work offers suggestions for making changes to the current legislation of the Russian Federation.

scholarly journals Representative function of the public prosecutor`s office: defects of legislation

2019 ◽  
pp. 164-175
Author(s):  
M. Stefanchuk
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
The State ◽  
Public Prosecutor ◽  
The Public ◽  
Legislative Regulation ◽  
Legitimate Interests ◽  
Definition Of ◽  
Social Importance ◽  
Representative Function

The current legislative regulation of the representative function of the prosecutor’s office in Ukraine contains a number of defects, which leads to a decrease in the effectiveness of law enforcement activities and the level of protection of the rights, freedoms and legitimate interests of participants of legal relations, and therefore the social importance of the prosecutor’s office activities outside the sphere of criminal justice in Ukraine. In such circumstances, there is a scientific discourse on the feasibility of retaining the powers of the prosecutor’s office outside the sphere of criminal justice in Ukraine, since the society seeks not for process for the sake of process, but for the result, which necessitates the scientific investigation of these defects in order to eliminate their consequences in law enforcement. The purpose of the article is to analyze the legislative regulation of the prosecutor’s office outside the sphere of criminal justice in Ukraine and the practice of its application in order to identify the defects of the legislation in this field, presenting their own vision on the prospects of legal support of the prosecutor’s office in this area in accordance with the needs and resources of society, as well as introduction proposals to remedy legislative defects in order to improve its enforcement. It is established that the legislative regulation of the representative function of the prosecutor’s office contains several defects, including: the declarative nature of the powers of the prosecutor, by which he is empowered in the process of exercising the representative function, especially in the pre-trial form of its implementation; appraisal terms in the legislative regulation of relations in a particular area, such as «state interests» and «exceptional cases»; the mismatch between the language structure and the content that the legislator sought to reflect in law, the manifestation of which is the definition of the object of the public prosecutor’s office of the «interest of the state», which in some cases is understood by the jurisdictions as a public authority and distorts the defined mission of the prosecutor’s office outside the criminal justice system at the level of the European institutions; the collisions in the legislative regulation of the representative function of the prosecutor’s office, which cause legal uncertainty as to the extent of the prosecutor’s powers in its implementation; the absence of a legislative conceptual vision of the public prosecutor’s office powers outside the criminal justice sphere. It is suggested that the basis for eliminating these defects in the legislation should be the necessity to change the conceptual model of prosecutor’s activity outside the sphere of criminal justice. The main elements of this model should be the clarification of the grounds for giving the prosecutor’s office guaranteed, not declarative powers outside the sphere of criminal justice, determined by the task of protecting human rights and freedoms, the general interests of society and the state. It is clarified the author’s vision of the elimination of defects in the legislative regulation of the representative function of the prosecutor’s office in Ukraine and the prospects for further scientific investigations in this field are outlined.

scholarly journals Foreigners and persons without citizenship as subjects of administrative judiciary

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Saadulaev A.I. ◽  
Keyword(s):  
Legal Status ◽  
Access To Justice ◽  
The Status ◽  
The Law ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection ◽  
Domestic Law ◽  
Legal Entities

The right to go to court, including administrative, is one of the most important rights of citizens guaranteed by the Constitution and laws of Ukraine. In addition to the general constitutional right to judicial protection, in particular, Art. 7 of the Law of Ukraine «On the Judiciary and the Status of Judges» of 02.06.2016 № 1402-VIII, guarantees everyone the protection of his rights, freedoms and interests within a reasonable time by an independent, impartial and fair court established by law. Foreigners, stateless persons and foreign legal entities have the right to judicial protection in Ukraine on an equal footing with citizens and legal entities of Ukraine. Access to justice for every person is ensured in accordance with the Constitution of Ukraine and in the manner prescribed by the laws of Ukraine. However, along with the guaranteed right to apply to the court of foreigners, stateless persons (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as apartheid remained outside the scope of domestic law. In order to eliminate the shortcomings of the legislative regulation of the legal status of apartheid in Ukraine, the author came to the conclusion that it is necessary to eliminate the existing shortcoming by amending the Law of Ukraine «On Legal Status of Foreigners and Stateless Persons» of 22.09.2011 № 3773-V. Keywords: legal status, foreigners, migrants, apartheid, justice, legislation

scholarly journals Regarding the Problem of Defining the Concept of «Administrative and Legal Provision of Citizens’ Rights»

2020 ◽  
Vol 9 (26) ◽  
pp. 473-478
Author(s):  
Hanna Ivanova ◽  
Vasyl Felyk ◽  
Iryna Shopina ◽  
Konstantin Bieliakov
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Scientific Literature ◽  
The State ◽  
Modern World ◽  
Structural Components ◽  
General Sense ◽  
Legal Provision ◽  
Legitimate Interests ◽  
Definition Of

The purpose authors of this article aim to analyze the scientific literature on understanding the concept of “administrative and legal provision of civil rights”, its structural components and on this basis to offer our own view in regard to this administrative and legal category. To achieve this goal, such methods of scientific knowledge were used as: formal-logical; comparative analysis; logical and legal. Different scientific approaches and concepts to defining the notion of citizens’ rights have been analyzed in the article. On this basis the understanding of the category of “administrative and legal provision of citizens’ rights” has been improved. It includes two interrelated components – “administrative and legal” and “provision”. It has been determined that the term provision in the general sense means the creation of conditions, security, protection of something from danger. The rights of citizens as a subject matter of administrative provision have been analyzed. The features of human and civil rights have been outlined. It has been stated that human and civil rights, freedoms and legitimate interests in the modern world must be both declared in regulatory acts, and must be really guaranteed and secured by the state. It has been emphasized that officials of the state authorities, including law enforcement system, play a crucial role in the development of interaction between society, government and citizens. The main directions of ensuring the rights, freedoms and legitimate interests of citizens by the norms of administrative legislation, as well as the mechanism of their implementation have been determined. The authors have offered own definition of the concept of “administrative and legal provision of citizens’ rights”.

scholarly journals Problematics of the Content of "Labor" Сonstitution Сategory

2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
High Quality ◽  
The Status ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.

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