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 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.

SYSTEM OF MAIN PROCEEDINGS FOR THE PROTECTION OF PUBLIC LEGAL INTERESTS: WHAT SHOULD IT BE LIKE

2021 ◽  
Vol 10 (6) ◽  
pp. 66-83
Author(s):  
S.A. BURMISTROVA
Keyword(s):  
Public Law ◽  
Power Relationship ◽  
Criminal Proceedings ◽  
Current State ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
The Subject ◽  
State Of Affairs ◽  
Administrative Proceedings ◽  
Broad Understanding

According to modern Russian procedural legislation, the protection of public legal interests is carried out in civil and administrative proceedings. In administrative proceedings, interests that are implemented in a public-law power relationship are protected; in civil proceedings, interests that are implemented in a public legal relationship based on equality of the parties are protected. The author believes that all public legal interests are united in that their implementation is significant for the whole society, its part, and an indefinite circle of people. This feature gives rise to the specifics of not only the implementation, but also the protection of public legal interests. The current state of Affairs in which some publicly-legal interests defended in administrative proceedings and the other in civil law, the author believes is wrong, because it may lead to inadequate protection and the violation of such interests in the application of procedures, not taking into account the peculiarities of the subject of protection. Based on a broad understanding of administrative proceedings as proceedings for the protection of public legal interests, with the exception of those that receive protection in constitutional and criminal proceedings, the author puts forward the thesis that in administrative proceedings there should be proceedings designed to consider disputes that are not related to legal relations. Thus, it is justified that administrative proceedings should have special administrative and administrative claim proceedings.

scholarly journals Participation of legal entities of public law in contractual relations

2021 ◽  
Vol 7 (3B) ◽  
pp. 286-291
Author(s):  
Viktoriia Piddubna ◽  
Anatoliy Stativka
Keyword(s):  
Public Law ◽  
Legal Entity ◽  
Legal Nature ◽  
The Subject ◽  
Contractual Relations ◽  
Legal Entities

The article analyses the characteristics of the participation of legal entities under public law in contractual relations. The concept of a legal entity under public law has not yet been developed. At the same time, the doctrine indicates the marks of legal entities under public law. The article discusses in more detail the agreement on the lease of the complex of full ownership of state property. The author analyzes the legal nature of the contract, the characteristics of the composition of the subject, the subject of the contract, essential conditions, questions of termination and termination of the contract. The legal nature of the rental right is mandatory, since the lease gives rise to legal relations of ownership and arises on the basis of a contract. Scientific approaches to the concept of "company" are investigated and, according to the author, the company should function as an object and not as a subject of law.

scholarly journals REGARDING THE SUBJECT OF THE CONTRACT FOR THE SUPPLY OF MATERIAL RESOURCES TO MILITARY UNITS (LEGAL ENTITIES UNDER PUBLIC LAW)

2021 ◽  
pp. 195-198
Author(s):  
O. Pavlovskyi
Keyword(s):  
Public Relations ◽  
Public Procurement ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Material Resources ◽  
The Subject ◽  
Military Units ◽  
Legal Entities

In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not only by constitutional, administrative, economic, but also civil law. This paper will deal with contractual obligations. The supply contract is extremely important in providing Ukraine, its subjects and state entities with the necessary goods, performance of works, provision of services. In essence, the institute of contract law is a legal means of implementing state policy in the field of industrial production, construction, national defense, social assistance, science, culture, the implementation of basic social and production tasks. Currently, there is a trend aimed at increasing the budget funds used through public procurement. In this regard, an urgent problem is the effective legal regulation of public relations related to the supply of goods for public use. The regulatory framework governing these legal relations must be transparent, understandable to all participants in trade and procurement operations, operational on changes in socio-economic conditions in the country, have an anti-corruption orientation. The quality of goods purchased for the state also remains a long-standing problem. One of the topical issues for the science of civil law is the question of the subject of the contract, with which the Central Committee of Ukraine connects the conclusion of the contract, its validity and some other significant circumstances. According to case law, disputes arising from the contract are usually complicated by non-compliance by the parties with the provisions of the Civil Code of Ukraine on the subject of the contract. The article analyzes the subject of the contract for the supply of material resources to military units. Military units are considered by the author as legal entities of a subject of public law.

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 Legal principles of counteraction to corruption and organized crime and the place of administrative and legal regulation among them

2020 ◽  
Vol 77 (2) ◽  
pp. 58-63
Author(s):  
О. О. Вороний
Keyword(s):  
Public Relations ◽  
Organized Crime ◽  
Legal Regulation ◽  
Administrative Law ◽  
Public Law ◽  
Public Authorities ◽  
Legal Principles ◽  
National Importance ◽  
Legal Relationship ◽  
The Subject

Based on the analysis of the current domestic and international legislation, the author has provided characteristics of the legal principles for combating corruption and organized crime. It has been established that the legal principles for combating corruption and organized crime covers currently a large number of regulatory acts of international and national importance; it has been emphasized that a key place among them belongs to administrative and legal regulation. It has been found out that administrative and legal regulation is a form of legal influence on public relations, which is carried out on the basis of the norms of administrative branch of law. Thus, this legal influence operates in the field of public relations that arise as a result of the activities of public law entities, in particular public authorities. Besides, administrative and legal regulation is, first of all, the system of norms that regulate organizational and administrative issues, aspects of the division of competence of public law entities and their legal relationship. The emphasis has been placed on the fact that if we consider the system of legal principles for combating corruption and organized crime, they mostly consist of the rules of administrative law, since they regulate organizational forms of combating corruption and organized crime as a special activity of public authorities, determine the competence of each of the subject of combating corruption and organized crime, establish structural and system aspects of such activities, establish features of control and supervision over the process of its implementation, etc. It has been established that administrative and legal regulation is dominant in the system of legal principles for conducting activities to combat corruption and organized crime in Ukraine.

scholarly journals Suspension of Administrative Court Proceedings Due to Extraordinary Administrative Proceedings

2020 ◽  
Vol 2 ◽  
pp. 125-148
Author(s):  
Jakub Polanowski
Keyword(s):  
Preliminary Ruling ◽  
Procedural Law ◽  
Administrative Courts ◽  
Court Proceedings ◽  
Administrative Proceedings

Art. 124 § 1 point 6 in conjunction with Art. 56 of the Act on Proceedings Before Administrative Courts should be understood in accordance with Art. 2 and 45 of the Polish Constitution, in such a way that the suspension of proceedings on this basis requires prior consideration of all the circumstances of the case, including the circumstances justifying its immediate examination. This especially applies to cases where the court finds the possibility of abuse of procedural law. The circumstances which constitute the basis for the suspension of court proceedings, pursuant to Art. 125 § 1 point 1 of the Act on Proceedings Before Administrative Courts, must objectively condition the court’s decision. When applying the above-mentioned provisions, the court is obliged to consider the effects of possible waiting for a decision on a preliminary ruling. The purpose of the article is to draw attention to the need for a rational adjudication on the suspension of court and administrative proceedings, in order to maintain the principle of the speed of proceedings.

scholarly journals Constitutional Law Basis of Parliamentary Law of Russia

Lex Russica ◽  
2019 ◽  
pp. 62-69
Author(s):  
A. S. Koshel
Keyword(s):  
Social Relations ◽  
Constitutional Law ◽  
Separation Of Powers ◽  
Public Law ◽  
Legal Doctrine ◽  
Legal Norms ◽  
Procedural Law ◽  
Constitutional State ◽  
The Subject ◽  
Independent Branch

The article deals with the constitutional and legal basis for determining the system of parliamentary law: The subject matter, methods, and sources. It is stated that legal norms characterized by common features, internal unity and different from the norms of other branches of law form an independent branch (a sub-branch of constitutional) law. For now, the institutions of parliamentary law are studied within the framework of the theory of state and law, constitutional (state) law, and, to some extent, administrative law, and parliamentary procedural law is distinguished. In this regard, the article notes that the development of democracy and parliamentarism, the increasing importance of Parliament in the implementation of the principle of separation of powers always compels the legal doctrine to separate parliamentary law. The author substantiates the conclusion that constitutional law, as the leading branch of public law, regulates social relations that are usually called basic (constitutional) — or fundamental — in each area of life, while parliamentary law has theoretical and legal prerequisites for being separated into an independent branch (sub-branch of constitutional) law without violating the organic unity of constitutional law. Thus, the author believes that at the present level of democracy development it is possible to state the presence of prerequisites for the formation of a new branch (sub — branch) of law — parliamentary law.

scholarly journals The concept of criminal procedural legal relations: definition of concept

2019 ◽  
pp. 185-196
Author(s):  
V. Vinnychenko
Keyword(s):  
Critical Analysis ◽  
Public Law ◽  
Axiomatic Method ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
European Court ◽  
The Face ◽  
The Subject ◽  
Theory Of Law ◽  
Definition Of

The concept of criminal procedural legal relations in the context of modern globalism of criminal proceedings is considered in the article. Scientific approaches to definition of concept of legal relations, subject of criminal procedural law, method of criminal procedural law are investigated. The purpose of the article is to define the concept of criminal procedural legal relations under modern criminal proceedings. The author is investigated: Approaches to defining the concept of legal relations and Criminal procedural legal relations; Subject of criminal procedural law and method of criminal procedural law. During the research, a critical analysis of the mentioned scientific material is made and its own scientific approach to the definition of the criminal procedural legal relations is developed. During the copyright it is investigated a number of methods of scientific cognition, in particular, how: the method of scientific formalization; Axiomatic method; Hypoolytic-Deduktive method. The concept of the theory of Law on definition of notion and signs of legal relations was investigated, the analysis of these concepts was made and the concept of criminal procedural legal relations was chosen. The concept of criminal procedural legal relations provided by Ukrainian scientists and the critically-critical analysis of these concepts is investigated. It is given that existing approaches are not correct for modern legal reality and cannot be flexible in the face of progressive globalized development of the modern criminal procedural law. Scientific approaches to the subject of criminal procedural law as signs of criminal procedural legal relations are investigated. Scientific approaches to definition of criminal procedural law method as signs of criminal procedural legal relations are investigated. The analysis of the criminal procedural legislation and precedents of the European Court of Human Rights as a source of international public law is carried out. Generalized and scientifically deduction method output the concept of criminal procedural legal relations, which may be applied under the conditions of modern globalized criminal proceedings. The study has an interdisciplinary character. The author conducts research using the scientific base of Globalistics, Furturilogy, international relations.

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.

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