scholarly journals Categories “Process” and “Procedures” in the Works of the Classics of Russian Administrative Law: Concept, Relevance and Modernity of the Model

2021 ◽  
Vol 18 (3) ◽  
pp. 252-260
Author(s):  
M. N. Kobzar-Frolova
Keyword(s):  
Administrative Law ◽  
Modern Theory ◽  
Research Topics ◽  
Administrative Process ◽  
Procedural Law ◽  
Process Procedures ◽  
The Subject ◽  
The Creation ◽  
Russian Model

Research topics related to concepts such as “process”, “procedures”, “administrative process” remain the most controversial, and, therefore, relevant. Unfortunately, not many scientists are ready to take part in the creation of a modern theory of the administrative process, the development of unified approaches to its terminology, the formation of a unified Russian model of the administrative process. At the same time, knowledge of the works of recognized classics of Russian procedural law is very important and timely. This article attempts to analyze individual works of the classics of Russian administrative procedural law, who stood at the origins of its creation, to compare their position and draw their own conclusions. The excerpts are given and the positions on the subject and essence of the concepts o process, procedure, stages of such scientists as B. M. Lazarev, V. D. Sorokin, N. G. Salishcheva and some others are demonstrated. The purpose of the work was to prove that the ideas of the scientists who stood at the origins of the Russian administrative procedural law are not only alive, they are relevant and should be relied on in order to: 1) develop unified approaches to the terminology of the administrative process, 2) create a unified modern model of the administrative process. The tasks correspond to the purpose of the study and are aimed at understanding the works of recognized classics of Russian procedural law, popularizing their works, ideas, developments, etc. and highlight the signs of the concepts under study. The applied methods made it possible to individualize the essence of the approaches of the classics of Russian administrative procedural law to the concepts of “process”, “procedure”, “administrative process”, develop their own position, give an author's definition and draw other conclusions corresponding to the study.

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.

The Federal Administrative Procedure Act

1947 ◽  
Vol 41 (2) ◽  
pp. 271-281 ◽  
Author(s):  
Foster H. Sherwood
Keyword(s):  
Separation Of Powers ◽  
The United States ◽  
Administrative Law ◽  
Turn Of The Century ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Separation Theory ◽  
The Subject ◽  
Bar Association ◽  
Separate Discipline

The President's signature of the new Administrative Procedure Act completed the second or legislative phase of the reform of administrative procedure which began with the introduction and passage of the ill-fated Walter-Logan bill in 1939–40. The investigatory phase which preceded it had its beginning in the reluctant recognition accorded administrative law as a separate discipline at about the turn of the century. The refusal to recognize the existence of administrative law gave way before a volume of literature on the subject, and became transformed into a criticism of the administrative process itself. The movement for reform of which the act of 1946 was the culmination has come largely in answer to these criticisms. Ignoring differences in phraseology and attacks on specific agencies, most critics appear to agree on the following arguments:(1) The administrative process is essentially dangerous in that it ignores the traditional American theory of the separation of powers, a principal protection against tyranny and dictatorship in the United States. This argument may appear in several forms. Sometimes it is said that administrative law is to be deplored because it is typical of alien countries which are not as advanced politically as we. In the hands of the American Bar Association, this argument is used to point up dangers inherent in any system that has a tendency to limit judicial review. And sometimes the allegation is merely that the administrative process is a violation of the separation theory, leaving the evils of such a violation to implication.

ON THE ISSUE OF JURISDICTION OF ECOLOGICAL DISPUTES

2017 ◽  
Author(s):  
Olena Gulac ◽  
◽  
Volodymyr Kurylo ◽  
Roman Koval ◽  
◽  
...  
Keyword(s):  
Case Law ◽  
Criminal Code ◽  
Administrative Law ◽  
Scientific Article ◽  
The Public ◽  
Safe Environment ◽  
Procedural Law ◽  
Aarhus Convention ◽  
The Subject ◽  
Constitutional Right

The scientific article is devoted to the delimitation of jurisdiction of courts in considering and resolving cases in the field of ecology on the basis of case law and positions of scientists while highlighting the variety of possible problematic aspects faced by both parties and courts on this issue. It is proved that the category of jurisdiction is significantly developed in the doctrine of law and is clearly enshrined in each piece of legislation governing a particular type of procedural law. At the same time, based on the spread of environmental offenses established by criminal and administrative law, namely, the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine, some other regulations, the issue of lack of a unified notion of jurisdiction over environmental offenses remains relevant. Emphasizing the problematic aspects, the peculiarity of the implementation of the constitutional right to a safe environment was noted, in particular by protecting the violated right through members of the public, the provisions of which are provided by the 1998 Aarhus Convention. Relevant examples in the field of justice are given. The critical importance of the case law on establishing the jurisdiction of environmental cases has been established and the variety of possible problematic aspects faced by both the parties to the dispute and the courts on this issue has been highlighted. As a result, it is noted that when considering disputes over environmental violations in general, the decisive indicator of the assignment of such cases to a particular jurisdiction is the nature of the dispute, and only then - the subject composition and the actual subject of the dispute.

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

2021 ◽  
pp. 145-148
Author(s):  
O. I. Mykolenko
Keyword(s):  
Legal Regulation ◽  
Administrative Law ◽  
Administrative Process ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Administrative Proceedings ◽  
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.

scholarly journals Challenging Aspects of Administrative Law

2021 ◽  
Vol 3 ◽  
pp. 69-71
Author(s):  
Ksenia V. Bogdanova ◽  
◽  
Vladimir A. Sorokin ◽  
Keyword(s):  
Administrative Law ◽  
Present Stage ◽  
Science System ◽  
Scientific Methods ◽  
Procedural Law ◽  
Stage Of Development ◽  
General Scientific ◽  
The Subject ◽  
Critical Understanding ◽  
Points Of View

The authors consider in detail the discussion questions of determining the subject, essence, science system of administrative law, give the opinions of famous scientists, give their legal assessment. In addition, being considered the differentiation of administrative-procedural law into two sub-sectors is considered: administrative-executive and administrative-judicial. The article used general scientific methods of scientific knowledge: analysis, generalization and comparative law. The authors concluded that determining the subject and essence of the science of administrative law is important at the present stage of development of society, because the norms of this science in the realities of modernity are most socially in demand. Existing unresolved issues require a speedy legislative settlement. The authors see the novelty of the work in a critical understanding of the points of view of various researchers who believe that the subject of science is exclusively the rules of administrative law.

scholarly journals Counterclaim in public legal disputes

2020 ◽  
pp. 84-90
Author(s):  
H. Sherstiuk
Keyword(s):  
Public Law ◽  
Effective Protection ◽  
Administrative Process ◽  
Procedural Law ◽  
Legal Relationship ◽  
Open Court ◽  
The Subject ◽  
Court Proceedings ◽  
Administrative Proceedings ◽  
Legal Entities

The article examines the institution of a counterclaim in administrative proceedings, which is a long-awaited change for the effective consideration of cases in the administrative process and for the implementation of effective protection of the rights of individuals and legal entities in administrative proceedings. Emphasis is placed on the peculiarities of drafting, filing and consideration of a counterclaim, which is the key to successful protection and restoration of violated rights and interests of the defendant in public law disputes. Also, an analysis of the feasibility of filing a counterclaim in the administrative process, taking into account the specifics of the parties and the legal relationship. This attitude of lawyers to the institution of a counterclaim in administrative proceedings is caused by the specificity of the administrative procedural law itself, the distinguishing feature of which is the presumption of guilt of the subject of power. It is based on the observance of this principle that the main features of a counterclaim in public law disputes are formed, starting from the authority of subjects to file such claims in open court proceedings and ending with the issuance and execution of a court decision based on such a claim. Thus, during the research in the process of writing this article, the author elaborated not only the works of famous lawyers, but also court decisions confirming the active use of the latest institute of counterclaim in public law disputes, as well as his own experience in drafting, filing and direct participation. in administrative cases, which combine the main and counterclaims. The peculiarities of realization of the rights of individuals and legal entities to file and consider a counterclaim in public law disputes, which are numerous in comparison with other categories of disputes, commercial, civil, etc., are revealed.

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

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 ◽  
Administrative Proceedings ◽  
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.

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

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 ◽  
Administrative Proceedings ◽  
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.

scholarly journals Administrative Delicts and Administrative Delict Law

2020 ◽  
Vol 17 (4) ◽  
pp. 545-556
Author(s):  
P. E. Spiridonov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Administrative Law ◽  
Administrative Process ◽  
Legal Proceedings ◽  
Legal Method ◽  
Legal Term ◽  
Tort System ◽  
The Subject ◽  
The Russian Federation

The subject of study in this paper are administrative-delict legal relations and the terms associated with this kind of relations. The purpose of the study is to analyze the nature of offences and administrative delicts. It is stated that the use of the term “delictum” it's been a certain evolution from private legal term in the sense of “delicta private” to the term, which can be used both in the sense of “delicta private” and value of “delicta publica”. The conclusion is that the term “delict” may be used in public relations and administrative legal use of the term “administrative delict”. Expanding the range of investigated administrative and delict relations, entails a change and the essential characteristics of administrative offenses, and also creates preconditions for formation of administrative-tort system of prevention of offenses, including not only administrative offences but also other offences that are not related to crimes and civil offenses. In this case, the responsibility should be named administrative and delict, which, in essence, will include a modern administrative and administrative-disciplinary liability. Depending on the nature of the administrative delict may be subdivided into administrative offense and administrative misdemeanor. The essential characteristics of an administrative offense should be upheld, and administrative misdemeanor must be attributed those acts which are now administrative and disciplinary misconduct. With this division of administrative delicts it is possible to realize a codification of administrative and delict legislation, i.e. the creation of Administrative-delict code of the Russian Federation. The work also made the assumption that procedural violations are treated as administrative delict. An attempt is made to distinguish between material legal relations in administrative law and administrative procedural legal relations. Concluded that you cannot mix administrative-tort legal relations, as a kind of material with tort and procedural legal relations. In turn, tort and procedural legal relations are an integral part of administrative and legal proceedings, and administrative delict production is an integral part of the administrative process. The methodological basis of the article is dialectical, formal logical methods, formal-legal method and method of interpretation of law.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

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