scholarly journals INSTITUTE OF ADMINISTRATIVE CLAIM: CURRENT STATE AND DEVELOPMENT PROSPECTS

2021 ◽  
pp. 28-34
Author(s):  
O. H. Kostromina ◽  
H. O. Babenko
Keyword(s):  
Public Relations ◽  
System Analysis ◽  
Administrative Claims ◽  
Administrative Procedure ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Administrative Proceedings ◽  
The Right

An administrative claim is one of the main institutions of administrative justice. To understand the institution of an administrative claim as a complex legal structure covering the right of a person to apply to an administrative court with a request, it is necessary to clarify the concept, legal nature, types of administrative claim. The purpose of the article is the theoretical and legal characteristics of the categories of the institution of administrative proceedings, the definition of the concept, the definition of the essence and structure of an administrative claim, the criterion for its classification, making proposals aimed at improving the Code of Administrative Procedure of Ukraine. The methodological basis of the research is a combination of general scientific and special methods of cognition. The research is based on the dialectical method of scientific cognition of the phenomena of reality in their development and interrelation. The achievement of certain research objectives led to the use of such methods as: the historical and legal method – when analyzing claims in administrative proceedings, the system analysis method made it possible to consider an administrative claim as a single system with its own structure and dynamics of development. The methods of analysis and synthesis, structural-functional, synergetic and other methods were also used, which made it possible to comprehensively explore the problematic aspects of understanding the institution of administrative claims. An administrative claim is understood as a material claim of the plaintiff for the protection of rights, freedoms and interests in public law relations, addressed to an administrative court. Various approaches to the classification of administrative requirements depending on the content are described. The internal structure of the administrative claim is described, in connection with which the provisions of the legislation are analyzed. The substantive and procedural aspects of the claim are highlighted. Analyzes the legal requirements for an administrative claim. It is noted that within the framework of administrative legislation, in particular in the Code of Administrative Procedure of Ukraine, the types of administrative requirements are not directly defined. It has been established that at the scientific and theoretical level, the main criteria for the classification of administrative claims are: the subject of an administrative claim, a method of procedural protection, a method of achieving procedural goals, the nature of material legal relations. The main tasks that an administrative claim solves as a procedural means of protecting rights, freedoms and interests in the field of public relations are determined.

scholarly journals DIFFERENCES IN THE IMPLEMENTATION OF THE GENERAL LEGAL MODEL FOR REVIEWING JUDICIAL ACTS IN CRIMINAL AND ARBITRATION, CIVIL AND ADMINISTRATIVE PROCEEDINGS

2020 ◽  
Vol 6 (4) ◽  
pp. 88-95
Author(s):  
A. R. Sharipova
Keyword(s):  
Comparative Analysis ◽  
System Analysis ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Legal Model ◽  
Administrative Proceedings ◽  
The Right

The novelty of the article is determined by the comparative analysis of the institutions of appeal, cassation and supervisory review of cases in various branches of judicial law. The purpose of this analysis is to identify general trends in the regulation of the right of appeal, appeal of interim judicial acts, the terms of appeal, the procedure for consideration and powers of the court in verification instances, the grounds for revoking judicial acts in criminal, arbitration, civil and administrative proceedings. The task was to identify unjustified differences between similar rules of procedural branches and choose the best version of regulatory regulation. The article uses methods of system analysis and synthesis, comparative legal method. As a result of the study, the unified legal model of reviews for all procedural branches was confirmed, and shortcomings of its implementation in criminal proceedings were established. In conclusion, there is evidence that the identified shortcomings significantly reduce the overall quality of justice in criminal case reviews in comparison with their counterparts in other branches of law.

scholarly journals Award policy: types of awards for the municipal authorities

2020 ◽  
Vol 4 (2) ◽  
pp. 85-98
Author(s):  
Ekaterina S. Shugrina
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Policy Types ◽  
Municipal Level

The subject of the research is the establishment and application of official awards at the municipal level of government, including award legislation and the practice of its application. The purpose of the article is to confirm or disprove the hypothesis of an existence of an award policy and system of awards for the municipal level of government in Russia. The methodological basis of the research is the general scientific dialectical method of cognition (such as methods of analysis and synthesis, abstraction and concretization, induction, deduction and analogy), as well as the method of monitoring of legal acts, historical and legal method, system analysis. The main results of the research. A comprehensive analysis of existing regulations and description the general contours of the award policy for the municipal level of government were made. The following classification of awards applicable to municipal authorities can be distinguished. By type of award: honorary titles, medals, distinctions and incentives, as well as grants and prizes. Depending on the subject that establishes the award: state, municipal or public awards; moreover, you should distinguish between awards established by a public legal entity (award of the Russian Federation, of the constituent entity of the Russian Federation, a municipality) or a separate public authority. Depending on the subject receiving the award (the awarding subject): awards that are established both for the municipality as a whole, and for individual officials or other employees of local self-government bodies; a separate category consists of awards provided for the territorial bodies or their representatives. Currently, there is no single document outlining the system of awards of the Russian Federation. Conclusions. Monitoring of normative legal acts of local self-government bodies has shown that it is quite rare to find documents that regulate the award policy of a municipality. There is practically no award policy for local government bodies or their officials, as well as awards for contributions to the development of local self-government.

scholarly journals SOME ECONOMIC ASPECTS OF FRANCHISING IN THE USA

2020 ◽  
Vol 5 (5) ◽  
pp. 183
Author(s):  
Yuliia Chaplynska ◽  
Varvara Piterska
Keyword(s):  
System Analysis ◽  
Scientific Work ◽  
Structural Method ◽  
Economic Aspects ◽  
Scientific Methods ◽  
Legal Method ◽  
The Us ◽  
Analysis And Synthesis ◽  
The Usa ◽  
Definition Of

The purpose of the article is to study the economic aspects of franchising in the USA. The subject of the study is some economic features of franchising activity in the USA. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of franchising in the USA. Comparative legal method was used to compare legislative approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of the US legal acts governing issues related to franchising was realized with the help of the normative-dogmatic method. The system-structural method was used to study franchising in the USA as a single entity (system) with the coordinated functioning of all its elements. Methods of analysis and synthesis helped to study some economic aspects of the studied category to formulate further conclusions. Practical application. The positive experience of the USA in regulating issues related to franchising can be used for making appropriate changes to the Ukrainian legislation. Since franchising had originated and developed in this country, it is advisable to identify the key economic and some legal features of this area of business activity. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to the general issues of franchising activity regulation, but specifically to the economic features of franchise activity in a separate country (in the USA).

scholarly journals Administrative and jurisdictional activity: the issues of concept and content

2018 ◽  
Vol 2 (1) ◽  
pp. 104-113
Author(s):  
Vladimir V. Golovko
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Complex Analysis ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Analysis And Synthesis ◽  
Scope Of Application ◽  
The Law ◽  
Administrative Jurisdiction ◽  
Administrative Proceedings

The subject. The article defines the modern content of the following concept: administrative procedure, administrative jurisdiction.The purpose of the study is to identify the correlation between the concepts of administrative procedure and administrative jurisdiction.The methodology includes methods of complex analysis and synthesis of the Russian legislation and scientific sources, as well as formal-logical and formal-legal methods.The main results and scope of application. The administrative process and administrative procedures are not regulated properly nowadays. The results of scientific research indicate a discrepancy in the interpretation of the concept of “administrative process”. An administrative process consists of management and administrative jurisdiction (proceedings).Process and production correlate as general and special phenomena.The administrative process, which manifests itself specifically in various types of administrative proceedings, is a set of consistently performed procedural actions, which are performed at certain stages during the consideration of individual specific cases by the competent authorities.Administrative jurisdiction in the broad sense may be understood as totality of the powers of state or municipal bodies, established by the law or other normative legal acts, to regulate social relations, to assess the legality of actions of a person, to resolve legal disputes and to consider cases on administrative offences, to carry out other legally significant actions.Conclusions. Administrative jurisdictional activity (public, regulatory, regulative, enforcement), is connected with the solution of legal disputes. It is based on the law and is clearly regulated by it, it is carried out by special bodies, it’s result is the regulation of public relations and imposing administrative responsibility to the offenders.

scholarly journals The Standards of Proof as the Basis for Differences in the Regulation of Similar Institutions of Criminal, Civil, Arbitration and Administrative Proceedings

Legal Concept ◽  
2021 ◽  
pp. 130-136
Author(s):  
Aliya Sharipova ◽  
Keyword(s):  
Legal Proceedings ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Standards Of Proof ◽  
Import And Export ◽  
Definition Of ◽  
Sphere Of Influence ◽  
Administrative Proceedings ◽  
Law Of Evidence

Introduction: the division of all procedural institutions into universal, similar and unique ones requires the identification of the factors that determine the branch uniqueness. The purpose of the work is to determine the validity of inter-branch differences in the regulation of the institutions of criminal, civil, arbitration and administrative processes, depending on their own standards of proof. The determinant method of the research was the method of comparative law. A comparison was made of typical situations of proving related offenses under consideration of the criminal and civil or arbitration or administrative procedure. The research also uses the methods of historicism, system-structural analysis and synthesis. Results: the correlation of “standards of proving” and “standards of proof” is determined on the basis of the scientific literature and judicial practice. Through the example of the criminal and civil (arbitration, administrative) cases with similar subjects of proving (the cases of tax crimes and offenses, transport crimes and offenses, fraud and non-repayment of loans, smuggling and non-compliance with the ban on the import and export of goods), different industry requirements are established for the level of verification of the conclusions about the presence or absence of any facts. The cases of the legislative definition of standards of proof for certain legal situations are revealed. Conclusions: serious differences in the levels of proof required by law and judicial practice in different types of legal proceedings dictate the uniqueness of the regulation of a number of procedural institutions in their branch implementation. The sphere of influence of the standards of proof on the branch statutory regulation is not limited by law of evidence.

scholarly journals FRANCHISE AGREEMENT IN ROMANIA AS A FORM TO PROVIDE ECONOMIC EFFICIENCY OF BUSINESS ACTIVITY

2019 ◽  
Vol 5 (1) ◽  
pp. 27
Author(s):  
Vitalii Vdovichen ◽  
Oleksandr Voroniatnikov
Keyword(s):  
Economic Activity ◽  
System Analysis ◽  
Scientific Work ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Competitive Actions ◽  
Key Terms

The purpose of the article is to study the economic and legal nature of the franchise agreement in Romania. Franchising has become one of the most effective tools for economic activity and profiting in this country, and the franchising agreement is a form, in which all aspects of this activity are reflected: the rights and obligations of the parties, the price of the franchise, the duration of the franchise relations, transactions between the franchisor and the franchisee, the prohibition of competitive actions, etc. The subject of the study is the franchise agreement in Romania. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of a franchise agreement in Romania and its key terms. The comparative legal method was used to compare doctrinal approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out, in which areas of economic activity franchising is most demanded. Interpretation of the content of Romanian legal acts governing issues related to the conclusion of a franchise agreement in this country was realized with the help of the normative-dogmatic method. The system-structural method was used to study the franchise agreement in Romania as a single entity (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for concluding a franchise agreement in Romania, as well as provisions that should be included in the content of this agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical application. The positive experience of Romania in regulating issues related to the conclusion of a franchise contract can be used for making appropriate changes to the Ukrainian legislation. Thus, in Romania, a special regulatory act (Ordinance 52/1997), which regulates the procedure for concluding this agreement, defines the rights and obligations of the parties and establishes the essential terms of the contract and the principles for its implementation, was adopted. Issues which are not regulated by the Ordinance are subject to the Civil and the Commercial Codes of the country, as well as European legislation, which sets out requirements for the prohibition of competition. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to general issues of regulation of franchising activity in Europe but specifically to the franchise agreement in a separate country (in Romania) and its legal and economic peculiarities.

scholarly journals ECONOMIC AND LEGAL ASPECTS OF THE FRANCHISE AGREEMENT IN THE UNITED KINGDOM

2019 ◽  
Vol 5 (3) ◽  
pp. 44
Author(s):  
Kostyantin Gusarov ◽  
Anastasiia Diadiuk
Keyword(s):  
United Kingdom ◽  
System Analysis ◽  
Scientific Work ◽  
Legal Aspects ◽  
Structural Method ◽  
The United Kingdom ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
The Uk

The purpose of the article is to study the economic and legal nature of the franchise agreement in the United Kingdom (UK). Since franchising in this country is well-established as a successful and highly-regarded growth model, it is advisable to identify the key economic and legal features of the franchise agreement, in which the parties specify their rights and obligations, the franchise price, the duration of the franchise relations, the procedure for performing calculations, etc. The subject of the study is a franchise agreement in the UK. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of a franchise agreement in the UK and its key terms. The comparative legal method was used to compare doctrinal approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of the UK legal acts governing issues related to the conclusion of a franchise agreement in this country was realized with the help of the normative-dogmatic method. The system-structural method was used to study the franchise agreement in the UK as a single entity (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separation the list of conditions which are necessary for concluding a franchise agreement in the UK, as well as the provisions that should be included in the content of this agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical application. The positive experience of the UK in regulating issues related to the conclusion of a franchise agreement can be used for making appropriate changes to the Ukrainian legislation. Correlation/ originality. This scientific work is the first research in Ukraine devoted not only to general issues of regulation of franchising activity in Europe but specifically to the franchise agreement in a separate country (in the UK) and its legal and economic peculiarities.

Administrative Procedure and Judicial Review in Ukraine

2021 ◽  
pp. 79-81
Author(s):  
Halyna Dovhan
Keyword(s):  
Public Relations ◽  
Judicial Review ◽  
Public Law ◽  
Administrative Procedure ◽  
Administrative Act ◽  
Administrative Courts ◽  
Administrative Proceedings ◽  
The Right

This chapter evaluates administrative procedure and judicial review in Ukraine. The Constitution of Ukraine provides that 'Administrative courts function in order to protect the rights, freedoms, and interests of a person in the sphere of public relations'. According to the Code of Administrative Proceedings (CAP), all persons have the right to bring a case before the administrative court if they consider that their rights, freedoms, or legal interests have been infringed by the decision, action, or inaction of the empowered authority. While the Constitution states that the jurisdiction of courts covers any legal dispute, the CAP entrusts administrative courts with jurisdiction over all public-law disputes. Absent a law on administrative procedure or administrative acts, in such cases the courts use the provisions of the special law that regulates the concrete sphere. They examine the administrative act or measure from the viewpoint of its conformity with the criteria set forth in the CAP. If the court finds that there has been a breach of fundamental standards of administrative propriety and fairness, it is entitled to quash the contested act or measure and also to award damages.

scholarly journals ECONOMIC AND LEGAL ASPECTS OF THE FRANCHISE AGREEMENT IN POLAND

2019 ◽  
Vol 5 (1) ◽  
pp. 137
Author(s):  
Petro Nemesh ◽  
Vitalii Kadala
Keyword(s):  
System Analysis ◽  
Scientific Work ◽  
Legal Aspects ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of ◽  
Key Terms

The purpose of the article is to study the economic and legal nature of the franchise agreement in Poland. Since franchising in this country has become the most common way of establishing a business, it is advisable to identify the key economic and legal features of the franchise agreement in which the parties specify their rights and obligations, the franchise price, the duration of the franchise relations, the procedure for performing calculations, etc. The subject of the study is a franchise agreement in Poland. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of a franchise agreement in Poland and its key terms. The comparative legal method was used to compare doctrinal approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of Polish legal acts governing issues related to the conclusion of a franchise agreement in this country was realized with the help of the normative-dogmatic method. The system-structural method was used to study the franchise agreement in Poland as a single entity (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for concluding a franchise agreement in Poland, as well as provisions that should be included in the content of this agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical application. The positive experience of Poland in regulating issues related to the conclusion of a franchise agreement can be used for making appropriate changes to the Ukrainian legislation. Although there is no special legislation in Poland, which regulates the issues connected with this kind of contract, the adoption of a number of progressive economic measures, as well as complement existing regulations with the provisions on franchising, allowed Poland to become one of the most attractive countries for foreign entrepreneurs. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to general issues of regulation of franchising activity in Europe but specifically to the franchise agreement in a separate country (in Poland) and its legal and economic peculiarities.

scholarly journals THE “CRIMINAL LAW OF VICTIM” AS A CRIMINAL LAW MODEL

2018 ◽  
Vol 2 (2) ◽  
pp. 14-19
Author(s):  
Irina Aleksandrovna Tretyak
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Theoretical Models ◽  
Legal Personality ◽  
Basic Model ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
The Impact

The subject. The article is devoted to analysis of the basic models of criminal law and the impact of victim’s legal status on the criminal legal theory.The purpose of the paper is to substantiate the existence and the importance of “criminal law of victim” as basic model of criminal legal theory.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal texts).Results and scope of application. The definition of the role of the victim, the importance of his legitimate interests in the implementation of criminal liability is complicated by the fact that the basic models of criminal law developed by science – “criminal law of the offender” and “criminal law of the crime” – do not consider the victim as a subject of criminal legal relations.The theoretical models of criminal law are embodied in the criminal law, specific legal rela-tions, law enforcement acts, etc., in connection with which there are specific indicators – the parameters by which it is possible to determine which model of criminal law is implemented.If the question of the criminal legal personality of the victim is controversial, in my opinion, there is no doubt that the victim is a party to the criminal law conflict, which often begins to unfold long before the crime.Conclusions. Recognizing the victim as a subject of criminal legal relations, as well as a par-ticipant in the criminal law conflict, it is possible to talk about the formation of a new model of criminal law – “the criminal law of victim”.

Sign in / Sign up

Export Citation Format

Share Document