scholarly journals Administrative-Procedural Form and Stages as Elements of the Characteristics of the Administrative Process

2021 ◽  
Vol 18 (3) ◽  
pp. 301-312
Author(s):  
P. E. Spiridonov
Keyword(s):  
Self Similarity ◽  
Administrative Process ◽  
Legal Method ◽  
State And Society ◽  
Legitimate Interests ◽  
Characteristic Features ◽  
Judicial Procedures ◽  
Judicial Procedure ◽  
Administrative Proceedings ◽  
Procedural Decisions

The subject of research in this paper is the administrative-procedural form and stages of the administrative process. The purpose of the study is to analyze the essential characteristics of the administrative-procedural form and stages. It is stated that the evolution of the administrative process and administrative-procedural legal relations entailed changes in the administrative-procedural form, which were influenced by changes in the political system and the system of public administration in the Russian Federation. It is concluded that the improvement of the administrative process and its form ensures compliance with both the interests of the state and society, as well as the rights and legitimate interests of citizens. Attention is drawn to the fact that one of the characteristic features of administrative-procedural legal relations that distinguish it from other types of procedural legal relations – arbitration, civil, criminal, constitutional, is the administrative-procedural form, which is characterized by out-of-court, pre-trial and judicial procedures of proceedings in an administrative case, due to the specifics and features of its subject. The author notes that the administrative-procedural form is an external expression of administrative-procedural activity, and the stages are its internal content. At the same time, the stages of the administrative process are separate, but interrelated stages consisting of administrative procedural actions united by common tasks and intermediate and final administrative procedural decisions, procedural deadlines. Attention is drawn to a certain specificity of the stages of the administrative process, which consists in the fact that they cannot be clearly divided into judicial and pre-trial stages, as it is in the criminal process. The system of stages of the administrative process should be the same for all types of administrative proceedings, since this follows from the principle of self-similarity, when the particular comes from the general and corresponds to it. To determine the place of administrative judicial procedure in the administrative process, it is necessary to understand that the court, as a subject of administrative procedural legal relations, can enter into the process at different stages, and it is not the only subject of administrative procedural relations that makes legally significant procedural decisions. The methodological basis of the article is dialectical, formal-logical methods, formal-legal method and method of interpretation of law.

scholarly journals Effectiveness of procedural decisions in first-instance administrative proceedings

2021 ◽  
Vol 60 (91) ◽  
pp. 75-96
Author(s):  
Dejan Vučetić
Keyword(s):  
Administrative Process ◽  
Administrative Procedure ◽  
Efficiency And Effectiveness ◽  
Research Questions ◽  
Compensation For Damage ◽  
Interim Measure ◽  
Administrative Proceedings ◽  
Procedural Decisions ◽  
Procedural Rights

The paper analyzes the normative regulation of the procedural administrative decision institute, which was introduced into the Serbian administrative process as a novelty by the General Administrative Procedure Act (GAPA) in 2016. The paper aims to addresses three research questions: to determine the legislator's goal in regulating this insitute, to identify in which situations such a decision has to be made, and to establish how effective that type of decision is. At the beginning of the paper, the author focuses on the concept of effectiveness, including different, mutually opposed, approaches to defining that notion. The author points out the conceptual misunderstanding between efficiency and effectiveness, and their unjustified equalization. The main goal of introducing the institute of procedural administrative decision is the aspiration for greater protection of parties' procedural rights. The analysis of the text of the General Administrative Procedure Act has yielded seventeen basic types of procedural administrative decisions: a decision on rejecting the party's request, a decision not to allow alteration of the party's request, a decision on suspending the procedure, a decision on termination of the procedure, a decision on imposing a fine, decision on request, a decision on execution, a decision on securing the execution, a decision on appointing a temporary representative, a decision on denying representation to a quack lawyer for unlicenced practice of law, a decision on proposal for restitution, a decision on bearing preliminary procedure costs, a decision on exemption from procedure costs, a decision on payment of costs resulting from the absence or unjustified denial of testimony, a decision on compensation for damage to the holder, a decision on the proposal for providing evidence, and a decision on ordering an interim measure. The author concludes that the institute of procedural administrative decision can negatively affect the effectiveness of administrative proceedings due to the possibility of its unnecessary extension.

scholarly journals Simplified Legal Proceedings in the Administrative Proceedings of Ukraine

2021 ◽  
Vol 7 (2) ◽  
pp. 165-183
Author(s):  
Oksana SHCHERBANYUK ◽  
Keyword(s):  
Human Rights ◽  
Scientific Knowledge ◽  
European Countries ◽  
Structural Method ◽  
Legal Proceedings ◽  
Legal Method ◽  
European Court ◽  
Judicial Procedure ◽  
Administrative Proceedings ◽  
Single Mismatch

This article examines a simplified proceedings in administrative proceedings of Ukraine, its concept, regulatory, procedural features. The purpose of this article is to clarify the procedural aspects and problems of simplified action proceedings in administrative judicial procedure of Ukraine based on the experience of European countries. According to the objectives of the study the study used a set of methods and scientific knowledge as theoretical and scientific. The comparative legal method was used for the analysis of foreign models of simplified administrative matters and made the generalization of such experience. Systemic structural method applied to determine the procedural conditions of the grounds the use of simplified action proceedings in administrative proceedings. It is concluded that the Code of administrative proceedings of Ukraine contains a single mismatch and problematic aspects in terms of regulation of administrative matters under the rules of simplified action proceedings, in particular the duplication of regulations and partial inconsistency of their content. Such legislative regulation of the powers of the court fully consistent with the positions of the ECHR. It is therefore proposed to amend the Code of administrative proceedings of Ukraine, agreed with the practice of the European court of human rights.

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 CUSTOMS DISPUTE AS A SUBJECT ADMINISTRATIVE PROCEEDINGS

2019 ◽  
pp. 19-26
Author(s):  
Марина Толстолуцька
Keyword(s):  
Moving Objects ◽  
The Other ◽  
Court Decision ◽  
Product Code ◽  
Legal Proceedings ◽  
Legitimate Interests ◽  
The Subject ◽  
Characteristic Features ◽  
Administrative Proceedings

The paper presents findings of the study regarding the essence of thecustoms disputes within administrative proceedings.The researchreveals that a customs dispute is a kind of public legaldispute. Characteristic features of the customs dispute are: the emergence ofa dispute on customs relations; a special subject structure of the dispute - onthe one hand, the customs authorities or their officials, on the other - physicalor legal persons who move objects across the customs border of Ukraine; thesubject of the dispute is the decision, actions or omissions of the customsauthorities or their officials; the basis of the dispute is the violation by thecustoms authorities or their officials of the rights, freedoms and legitimateinterests of private individuals moving objects across the customs border ofUkraine.It has been determined that a public legal dispute transferred to anadministrative court decision is an administrative matter. Cases arising thebasis of customs disputes include disputes between natural or legal personswith the subject of authority regarding the appeal of its decisions (legalacts or individual acts), acts or omissions, except when for the considerationof such disputes the law has been established another procedure for courtproceedings. Attention is drawn to the fact that the dispute can only be adispute related to the movement of objects across the customs border.The most widespread customs disputes that are considered withinthe administrative proceedings, which include appeal decisions, actions orinaccuracies in relation to adjusting the customs value of goods, determiningthe product code in accordance with the Ukrainian classification of goods inforeign trade, returning customs and other payments to taxpayers by mistakeand / or excessively paid to the budget.It is proposed to understand the customs dispute as an administrativecase under the lawsuit of the subjects of customs relations concerningviolation of their rights, freedoms and legitimate interests in the process orconcerning the movement of objects across the customs border of Ukraine, asan object of administrative legal proceedings.

THE HUMAN RIGHTS FUNCTION OF THE JUDICIARY IN ADMINISTRATIVE PROCEEDINGS: INSTITUTIONAL AND FUNCTIONAL ASPECTS

2021 ◽  
Vol 11 (2) ◽  
pp. 205-225
Author(s):  
V.V. MOVCHAN
Keyword(s):  
Human Rights ◽  
Judicial System ◽  
System Control ◽  
Judicial Process ◽  
Public Authorities ◽  
Legitimate Interests ◽  
Constitutional Right ◽  
Court Proceedings ◽  
Administrative Proceedings ◽  
Judicial Protection

The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.

scholarly journals Protection of the rights of children and minors in their transactions in the information society

2020 ◽  
Vol 9 (2) ◽  
pp. 25-46
Author(s):  
Oleksandr Omelchuk ◽  
Olena Cherniak ◽  
Nataliia Tyshcuk
Keyword(s):  
Structural Analysis ◽  
Information Society ◽  
Age Groups ◽  
The Body ◽  
Logical Analysis ◽  
Legal Capacity ◽  
Legal Norms ◽  
Legal Method ◽  
Logical Method ◽  
Legitimate Interests

The article is devoted to the analysis of features that arise when committing transactions by children and minors in the development of information society, identifying problems that arise when committing such transactions out of their legal capacity, as well as to the issue of the protection of violated rights and legitimate interests of children and minors due to the pandemic. The dialectical method of cognition, the method of system-structural analysis, he formal-logical method, the comparative-legal method, the method of logical analysis and dogmatic interpretation of legal norms were used preparing the article. The structure of the body of the text is comprised of such sections as introduction, methodology, analysis of recent research, results and discussion, conclusions. The main conclusion of the study is the establishing the need to clarify the amount of legal capacity of children and minors in different age groups. It is proposed to consolidate the division of minors into the following groups: from birth to 6 years; from 6 to 10 years; and from 10 to 14 years.

scholarly journals The Definition, signs and types of administrative and procedural guarantees.

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-13
Author(s):  
Revista Dixi ◽  
Roman Volodymyrovych Shapoval ◽  
Tetiana Olexsandrivna Kolomoiets ◽  
Oksana Valeriivna Brusakova ◽  
Mikayil Vagif Oglu Garayev
Keyword(s):  
Legal System ◽  
Legal Regulation ◽  
State System ◽  
Legal Interpretation ◽  
State Institutions ◽  
Legitimate Interests ◽  
Characteristic Features ◽  
Definition Of ◽  
Direct Implementation

The purpose of this article is to determine the nature and content of administrative and procedural guarantees. In this regard, it is necessary to solve the following tasks: To clarify the definition of administrative and procedural guarantees, to characterize their types, to reveal the features of administrative and procedural guarantees, and to determine the place of this legal phenomenon in the general legal system. Issues related to theoretical and legal interpretation, legislative definition and direct implementation of administrative and procedural guarantees are updated and considered. The influence of administrative-procedural guarantees on the level of development of the domestic legal system is analyzed. Attention is drawn to the fact that the quality of proper functioning of administrative-procedural guarantees directly depends on the development of state institutions of a particular country, as well as on the level of perfection and efficiency of the entire state-power mechanism, i.e. the state system. Given that the essence of modern administrative and procedural guarantees provides for the proper consolidation of rights, freedoms and legitimate interests of individuals, it is justified that the key role in these processes will always play the level of legal awareness, along with the level of transparency and timeliness. The author’s definitions of the terms “administrative-procedural guarantees”, “protection of legal guarantees of citizens” and “legal awareness of the population” are given. Some of the characteristic features of foreign models of administrative and legal regulation are proposed for implementation.

scholarly journals The Code of Administrative Proceedings of the Russian Federation: Five Years in Force

2020 ◽  
Vol 12 ◽  
pp. 43-46
Author(s):  
Rim O. Opalev ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Negative Attitude ◽  
Judicial Practice ◽  
The Supreme Court ◽  
History Of ◽  
Code Changes ◽  
The Russian Federation ◽  
Judicial Procedure ◽  
Administrative Proceedings

The paper is dedicated to the history of the Code of administrative judicial procedure of the Russian Federation and to main characteristics of this Code. The author deals with reasons of negative attitude to enacting of the Code, changes in this field as well as the efforts of the Supreme Court of the Russian Federation towards development of the Code and relevant judicial practice. The author makes attempt to emphasize the most significant characteristics of modern administrative justice reflected in the Code of administrative judicial procedure of the Russian Federation and to describe them briefly. The author’s conclusion relies on author’s previous comparative research works and analytic of the Supreme Court of the Russian Federation. The author also draw attention to some perspectives of development of the Code.

scholarly journals Separation of jurisdiction of the court of administrative and general jurisdiction in labor disputes

2020 ◽  
pp. 52-58
Author(s):  
K. Kropyvna
Keyword(s):  
Trade Unions ◽  
Labor Relations ◽  
Legal Regulation ◽  
Public Law ◽  
Labor Disputes ◽  
Effective Measure ◽  
Labor Legislation ◽  
Civil Proceedings ◽  
Legitimate Interests ◽  
Administrative Proceedings

The article deals with the issues of legal regulation of procedural relations, as well as the delimitation of the administrative process from civil-procedural activity on the subjects of consideration of labor disputes. It is emphasized that the problem of distinguishing material public law from private is always an important problem. Not all labor relations fall under the signs of private law, in which the rights, freedoms and interests of individuals are protected, but most of them are regulated by labor legislation, which is based on the legislation regulating private relations. However, there are relations that arise between state bodies and citizens governed by labor law, but their regulation falls within the sphere of public law. Disputes arising from these legal relationships are resolved by the administrative court. Protection of certain labor relations is also carried out with the application of administrative liability, cases concerning this are considered by a court of general jurisdiction. The author notes that the legislator provided for the protection of the rights and legitimate interests of workers by the competent authorities to apply measures of administrative coercion. After all, being the main method of administrative activity, persuasion is not always a very effective measure to influence the behavior of those who commit illegal acts. In this regard, the state, protecting the inviolability of the regulated labor relations of the person, his right to work and adequate remuneration, the legitimate interests of citizens, their teams, trade unions, the rights and responsibilities of owners of enterprises, institutions and organizations, authorizes employees authorities to apply coercion to those who are not influenced by persuasion and public influence. Administrative coercion is applied on the basis of persuasion, the means of influence of which have already been exhausted. One of the types of measures of administrative coercion used in the consideration of labor disputes in order to protect labor relations is administrative liability. Cases of this jurisdiction are considered by a court of general jurisdiction. The author defines the criteria for distinguishing between labor disputes, which belong to the competence of the administrative court (considered in administrative proceedings and regulated by the Code of Administrative Procedure of Ukraine) and general jurisdiction (considered in civil proceedings and regulated by the Labor Code).

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