REVIEW OF THE TEXTBOOK M. I. SMOKOVYCH, V. M. BEVZENKO «ADMINISTRATIVE PROCESS OF UKRAINE: THEORY, PRACTICE»

Procedural Law ◽

Functional Purpose

Administrative process is a legal phenomenon that causes discussion and controversy among representatives of administrative law and the process both in terms of determining its content, form and functional purpose in the system of legal proceedings, and in terms of subjects, principles and substantive jurisdiction. Thus, the ideas of Ukrainian scholars about the administrative process are not always related exclusively to the understanding and legal regulation of administrative proceedings, and therefore textbooks and manuals on the disciplines "Administrative Procedure" and "Administrative Procedural Law" differ significantly in content.

Real Acts as a Public Administration Tool

University Scientific Notes ◽

10.37491/unz.79.8 ◽

2021 ◽

pp. 83-90

Author(s):

Oleh MUZA

Keyword(s):

Public Administration ◽

Scientific Research ◽

Legal Regulation ◽

Administrative Law ◽

Significant Information ◽

The Real ◽

Legal Proceedings ◽

Legal Nature ◽

Definition Of

In the article the phenomenon of real acts as a public administration tool is researched. The consolidation of public administration tool «real acts» was first embodied in the German doctrine of administrative law. The scientific research of real acts in the Ukrainian administrative law hasn’t yet received the necessary results. It’s formulated the definition of real acts as informal decisions or actions of public administration bodies which are adopted or committed outside the legal regulation of administrative activities and aimed at communication with private persons. It’s determined the legal features of real acts: 1) they are informal decisions or actions of public administration bodies; 2) the purpose of their application is to inform private persons about socially significant information or to reach a consensus between public administration bodies and private persons during the administrative procedure; 3) their content doesn’t reflect the final result of the power influence of public administration bodies; 4) they are additional illegal means of communication of public administration bodies with private persons; 5) may be appealed in court in case of violation of the rights, freedoms or interests of private persons. It’s noted that the real acts for the legal nature and form of adoption (committed) aren’t administrative acts. It’s concluded that real acts complement the system of public administration tools and reflect the part of administrative activity of public administration bodies, which doesn’t have a legal formalization. The use of real acts by public administration bodies allows to increase the efficiency of relations with private persons during the occurrence of administrative procedure relations. The real acts aren’t legal facts that can lead to the dynamics of administrative legal relations, but their application may be subject of court legal proceedings to protect the rights, freedoms and interests of private persons with public administration bodies. Administrative procedural legislation of Ukraine should contain provisions on the possibility of applying real acts in order to expand the possibilities of public influence of public administration bodies on various spheres of public administration.

Requirements of a Law-Governed State as a Due Basis for the Establishment of the Russian Administrative Law Paradigm

Administrative law and procedure ◽

10.18572/2071-1166-2021-2-42-54 ◽

2021 ◽

Vol 2 ◽

pp. 42-54

Author(s):

Yuriy N. Starilov ◽

Keyword(s):

Public Administration ◽

Legal Regulation ◽

Administrative Law ◽

Legal Issues ◽

Procedural Law ◽

Practical Usefulness ◽

The Subject ◽

The Relationship ◽

Administrative Justice

The article takes a brief excursion into the scientific topics of administrative and legal issues, deeply researched by LL.D, Professor Alexander Borisovich Zelentsov. These include the development of administrative and administrative procedural law, the interaction of public administration and administrative justice, and the relationship between administrative proceedings and judicial administrative law. The new views of the scientist on the trends in limiting the subject of administrative law are considered, as well as his merits in putting forward ideas, setting tasks and setting priorities for the modernization of many elements of the system of administrative legal regulation are noted. The article analyzes the theoretical validity and practical usefulness of many of A.B. Zelentsov’s opinions concerning the improvement of the system and structure of judicial administrative law.

NON-JUDICIAL MEDIATION IN THE LITHUANIAN ADMINISTRATIVE PROCESS: CURRENT ISSUES

Administrative law and process ◽

10.17721/2227-796x.2019.4.10 ◽

2019 ◽

pp. 115-134

Author(s):

Eglė Bilevičiūtė ◽

Vaidas Milius

Keyword(s):

Public Administration ◽

Civil Law ◽

Legal Regulation ◽

Administrative Law ◽

Successful Implementation ◽

Mediation Model ◽

Administrative Process ◽

The Law ◽

Administrative Courts ◽

The article is the first scientific study in the cycle of extrajudicial mediation in the administrative process of Lithuania. The purpose. The article describes the envisaged new legal regulation of non-judicial mediation in the Lithuanian administrative law process, analyzing the works of Lithuanian scholars in this field and new draft legal acts, through the categories defined in the research tasks. The aim of the article is to briefly present and discuss the institute of non-judicial mediation in Lithuanian administrative law science and practice, its current and foreseeable development in administrative justice, to define and analyze the aims of non-judicial mediation in administrative law new legal regulation, the envisaged possibilities of non-judicial mediation as an alternative to peaceful dispute resolution in the administrative law system in Lithuania. In order to achieve the aim and objectives of the research, the analysis of Lithuanian scientists’ works and basic laws and newly drafted legal acts implementing non-judicial mediation, pre-trial administrative proceedings and Lithuanian administrative legal regulation was carried out. Methods: comparative, documents’ analysis, systematic approach and other methods were used for research. Results of research. It can be reasonably stated that Lithuania, having regard to the successful implementation of mediation in civil law, has prepared appropriate amendments to new laws and other legal acts and created an efficient operational basis for the proper functioning of non-judicial mediation in pre-trial administrative proceedings. Conclusions. Summarizing this study, it can be concluded that the legal regulation of non-judicial mediation drafted by the legislators is based on analogy with the regulation of mediation in civil law. As judicial mediation in administrative proceedings is already legally regulated, as a complete analogue to civil mediation and administrative courts already apply it in practice, it is expected that the regulation of non-judicial mediation in administrative proceedings will follow a similar model. According to the proposed non-judicial mediation model, such mediation will only be possible once the dispute has been initiated and resolved by the Lithuanian Administrative Disputes Commission or its territorial offices. Such a model is acceptable given the practical work of the commission and the existing legal regulation, and the commission could operate on the basis of the mediation model of administrative courts. However, the question of the qualifications of mediators remains unresolved, as legal theorists do not agree on what the qualifications of mediators in extrajudicial administrative proceedings should be. There is disagreement as to whether a person who has completed only a supplementary course on administrative law will acquire the necessary knowledge and qualifications, as well as whether it is necessary to have a legal education and a thorough knowledge of the principles of public administration. It should be noted that the successful application of non-judicial mediation in administrative proceedings is highly influenced by the nature of the dispute. It is believed that in administrative disputes concerning material, tax relations, civil service, administration of national, European Union and foreign financial assistance, the possibility of mediation seems realistic in order to resolve the dispute and restore the balance of social peace in a manner acceptable to all parties to the dispute. The first steps have already been taken, the law stipulates that a public administration entity may not aggravate the situation of the person subject to the decision by making or modifying the decision. The drafts initiated in this way are related to the extension of the jurisdiction of the disputes dealt with by the Administrative Disputes Commission, in the hope that before the new wording of the Law on Mediation comes into force, other legal acts will be regulated to enable successful non-judicial mediation.

Administrative procedure law

10.12737/textbook_5a02a01f8b6cd3.35971508 ◽

2017 ◽

Author(s):

Анатолий Миронов ◽

Anatoliy Mironov

Keyword(s):

Administrative Process ◽

Procedural Law ◽

Administrative procedure law represents one of the fastest growing industries of the Russian right. The guide discusses the main categories of administrative-procedural law: concept, principles, stage of the administrative process, administrative proceedings. Special attention is paid to the coverage of certain types of administrative proceedings: proceedings for the adoption of regulatory acts, licensing the manufacture, registration, production Supervisory production, production on Affairs about the promotion, manufacture on Affairs about administrative offences, disciplinary proceedings etc.

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

Administrative law and procedure ◽

10.18572/2071-1166-2021-6-34-41 ◽

2021 ◽

Vol 6 ◽

pp. 34-41

Author(s):

Aleksandr I. Stakhov ◽

Keyword(s):

Russian Federation ◽

Administrative Law ◽

Public Authorities ◽

Administrative Process ◽

Legal Norms ◽

The Russian Federation ◽

Constitutional Right ◽

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.

Undertaking Material and Technical Activities by Public Administration Bodies and the Right of an Individual to Be Heard

Przegląd Prawa Administracyjnego ◽

10.17951/ppa.2020.3.189-200 ◽

2021 ◽

Vol 3 ◽

pp. 189-200

Author(s):

Jakub Szremski

Keyword(s):

Public Administration ◽

Administrative Law ◽

Active Participation ◽

Limited Extent ◽

Administrative Process ◽

Procedural Law ◽

Legal Situation ◽

The Individual ◽

The Right

The right of the individual to be heard is a principle that relates to both the right to a fair trial and the right to a trial. The adjudicating entity is required, regardless of whether it is a court or a public administration body, to enable the active participation of the entity in the proceedings. The right of an individual to be heard in the context of administrative law relates mainly to the procedural situation of a party to administrative proceedings. In jurisdictional administrative proceedings, a party is guaranteed a number of procedural tools to protect its rights. First of all, the party has the opportunity to actively participate in the ongoing administrative process. Provisions of administrative procedural law allow for the submission of evidence applications, explanations, participation in the taking of evidence, as well as access to the files of a pending administrative case. The right of the individual to be heard to a limited extent should also apply to material and technical activities. An individual should be guaranteed at least minimal procedural protection in a situation where administrative bodies perform material and technical activities directly affecting their legal situation.

Modern Approaches to Understanding the Administrative Process as a Result and the Basis for the Development of Domestic Administrative Procedural Legislation

Siberian Law Review ◽

10.19073/2658-7602-2021-18-3-261-276 ◽

2021 ◽

Vol 18 (3) ◽

pp. 261-276

Author(s):

A. I. Kaplunov

Keyword(s):

Public Relations ◽

Public Administration ◽

Methodological Approach ◽

Legal Regulation ◽

Legal Process ◽

Administrative Process ◽

Civil Process ◽

Procedural Law ◽

Judicial Protection

The article provides an overview and analysis of modern approaches to understanding the administrative process as a sectoral type of legal process that have developed in domestic theory, taking into account the changes that have occurred in the procedural legislation of the Russian Federation over the past three decades after the collapse of the USSR in 1991. The process is classified as follows: complex on a jurisdictional basis; integrative; complex on the basis of managerial, judicial. Particular attention is paid to the critical analysis of the judicial approach to understanding the administrative process, the reasons for the disagreements of its supporters, firstly, with representatives of the science of civil procedural law regarding the determination of the procedural nature of administrative proceedings, and, secondly, with specialists in administrative law regarding the denial of the presence of administrative-procedural forms of activity of subjects of public administration and attempts thereby to disavow the domestic doctrine of the administrative process. The methodology for studying the nature of procedural activity is based on the analysis of the sectoral subject of legal regulation and three types of a unified method of substantive regulation (civil, administrative and criminal), the implementation channels of which are varieties of legal process in the form of civil, administrative and criminal process which are based on an adversarial or investigative type of jurisdictional process, or a law-granting type of legal process. This methodological approach made it possible: 1) to establish the sectoral procedural nature of administrative proceedings, which is determined not by the subject of a “dispute about law”, but by the method of legal regulation, represented by the civil law type of regulation of public relations, the implementation channel of which is an adversarial type of jurisdictional legal process, which is its nature as a civil process; 2) to identify the shortcomings of the model of administrative proceedings enshrined in Russian legislation, the essence of which is that an adversarial type of jurisdictional process intended for judicial protection of a person who has suffered from the actions of an official and, acting as a plaintiff in the case, is applied to persons who have violated the established prohibitions and restrictions, or committed administrative offenses and acting in the case as a defendant; 3) to substantiate the presence in the structure of the administrative process of procedural forms of activity of subjects of public administration as a channel for the implementation of the administrative-legal type of regulation of public relations and determine the list of administrative proceedings.

Proceedings for the Resolution of Judicial and Non-Judicial Administrative Disputes as Part of the Administrative Process

Siberian Law Review ◽

10.19073/2658-7602-2021-18-3-350-358 ◽

2021 ◽

Vol 18 (3) ◽

pp. 350-358

Author(s):

S. A. Poryvaev

Keyword(s):

Russian Federation ◽

Research Paper ◽

Legal Regulation ◽

Administrative Law ◽

Public Authorities ◽

Administrative Process ◽

Positive Elements ◽

Modern Development ◽

The Russian Federation ◽

Currently, the process of constitutionalization of administrative law is actively underway in the Russian Federation. It involves the differentiation of administrative and administrative-procedural legislation, as well as the formation of procedures of the administrative process implemented in judicial and non-judicial forms. This, in turn, requires a clear allocation of separate administrative-procedural proceedings, including proceedings for the resolution of administrative disputes. On this basis, the fact is noted that the modern development of administrative law and process should be based on constitutional norms, which implies a significant transformation of the relationship between public authorities and private individuals, turning the latter into a full-fledged subject of administrative legal relations, creating new functions of administrative legal regulation. The research paper analyzes the existing administrative-procedural legislation regulating both non-judicial and judicial procedures for resolving administrative disputes. The specifics of individual legislative acts in this area are studied. In particular, a comparison is made between the general and special procedures for resolving out-of-court administrative disputes. The research paper analyzes the legal regulation of such procedures, the features of individual methods of legislative regulation of the out-of-court procedure for resolving administrative disputes are noted. The article also compares administrative recovery and administrative-rehabilitation administrative disputes. Judicial resolution of administrative disputes has significant specifics due to the special place of the judiciary in a state governed by the rule of law. This is expressed in the special legal consequences of a court decision, as well as in the application of administrative legal principles for more effective protection of the rights and legitimate interests of participants in legal relations. Based on the results of the study, conclusions are drawn about the fact that within the framework of administrative procedure legislation, proceedings are formed to resolve administrative disputes both out of court and in court. It also notes the shortcomings and problems of its legal regulation, suggests ways to eliminate them, which can help improve the analyzed production. The consolidation of the procedures for resolving out-of-court administrative and legal disputes should be carried out in a single legislative act, and not within the framework of separate laws and subordinate legal acts. In addition, the resolution of judicial administrative and legal disputes should also be unified within the framework of the Code of Administrative Proceedings of the Russian Federation, however, taking into account the positive elements that are currently available in the Code of Arbitration Proceedings of the Russian Federation.

Reflections About the Administrative Process in Modern Russia

Siberian Law Review ◽

10.19073/2658-7602-2021-18-3-277-291 ◽

2021 ◽

Vol 18 (3) ◽

pp. 277-291

Author(s):

A. A. Grishkovets

Keyword(s):

Russian Federation ◽

Administrative Law ◽

Administrative Process ◽

Administrative Procedures ◽

The Russian Federation ◽

Administrative Courts ◽

Administrative Jurisdiction ◽

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.

PROBLEMS OF LEGAL REGULATION OF ADMINISTRATIVE DELIVERY AND DETENTION

Administrative and Criminal Justice ◽

10.17770/acj.v1i89.4313 ◽

2021 ◽

Vol 1 (91) ◽

pp. 54-59

Author(s):

Maksims Bashlikovs

Keyword(s):

Russian Federation ◽

Legal Regulation ◽

Administrative Law ◽

Delivery Time ◽

Specific Time ◽

Legal Proceedings ◽

Time Limits ◽

Office Space ◽

The Russian Federation ◽

The purpose of this work is to study the problems of legal regulation of administrative delivery and detention in Russian administrative law and the study of possible ways to solve them. This problem is due to the fact that the Code of Administrative Offenses of the Russian Federation. The delivery time is not specified as a measure to secure proceedings on cases of administrative offenses, which is a flaw in administrative legislation and may violate the rights and freedoms of a person and citizen. And the law does not establish the duration of a person’s time in office space and his waiting for the start of legal proceedings which is a serious legislative gap. The novelty of this work lies in the formulation by Autor’s of modern and effective proposals for the revision of individual issues related to measures of administrative proceedings and the reality of solving these problems. The Code of Administrative Offenses of the Russian Federation must be modified accordingly in order to clearly regulate or establish specific time limits for the delivery in police office and the time to wait for the commencement of proceedings. In this paper, the above problems and progressive solutions are discussed in detail.