scholarly journals CHARAKTER PRAWNY ODPOWIEDZIALNOŚCI ZAWODOWEJ W BUDOWNICTWIE

2016 ◽  
Vol 13 (4) ◽  
pp. 145
Author(s):  
Bartosz Majchrzak
Keyword(s):  
Construction Industry ◽  
Administrative Law ◽  
Specific Character ◽  
Professional Liability ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Legal Nature

THE LEGAL NATURE OF PROFESSIONAL LIABILITY IN THE CONSTRUCTION INDUSTRYSummary The article concerns the legal nature of professional liability in the construction industry (Articles 95-101 of Ustawa z dnia 7 lipca 1994 r. – Prawo budowlane: the Polish Construction Act of July 7, 1994; Dz.U. 2013, Item. 1409; with later amendments; hereinafter P.b.). This issue requires an analysis of the relevant norms of P.b. in the context of the typical characteristics of administrative and disciplinary liability. It can be concluded that the professional liability of persons performing independent technical duties in the construction industry has a specific character, combining elements of administrative law with the solutions adopted for disciplinary penalties. The function of this liability and its essential procedural regulations, which are subject to the Polish Administrative Procedure Code (Kodeks postępowania administracyjnego) suggest its nature is administrative. However, a number of specific regulations have been drawn from the model applicable in disciplinary liability (including the deciding authority, the initiator of the proceedings, the prosecutor’s function, moderation of penalties, the catalogue of penalties, the institution of limitation of proceedings, entry of records in the register of sentenced persons and its erasure). As a result, we can formulate an objection of incoherent regulation.

scholarly journals DEVELOPMENT OF THE ADMINISTRATIVE LAW IN THE KYRGYZ REPUBLIC

2020 ◽  
pp. 92-104
Author(s):  
Rustam Madaliev
Keyword(s):  
Administrative Law ◽  
Kyrgyz Republic ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Administrative Legislation ◽  
Administrative Procedures ◽  
Law And Legislation ◽  
Administrative Justice

The article provides an overview and stages of the development of law and legislation on administrative procedures and administrative justice in the Kyrgyz Republic. The article discusses the adoption, implementation, content and the application of the new Law on Administrative Procedure and the Administrative Procedure Code of the Kyrgyz Republic. At the beginning, the socio-political background and the rationale for the ongoing judicial reforms and the efforts of the state to strengthen the rule of law in the Kyrgyz Republic are described. A significant part of article considers steps for developing a law on administrative procedures of the Kyrgyz Republic and the problems associated with its development. Then, the content and issues of implementation and the problems of the practical application of the new law on administrative procedures of the Kyrgyz Republic are disclosed. A separate part is devoted to the development, content, implementation and practice of the application of the new Administrative Procedure Code of the Kyrgyz Republic. The article also outlines the problems and shortcomings in the practice of applying legal norms on administrative procedures and administrative justice in the Kyrgyz Republic. In general, the article summarizes that a new system of administrative law has been formed in Kyrgyzstan to replace “Soviet” administrative law, but there are still problems in understanding and applying the new administrative legislation: not all the regulatory framework and practice of administrative agencies are brought into line with the new legislation; there are facts of not understanding, ignoring and not applying the new legislation by public authorities; not all curricula of higher legal education are brought in line with a new understanding of administrative law. It is necessary to continue the implementation measures to put into practice the new administrative legislation through organizational measures to educate and train law applicators, as well as the development of judicial practice in administrative cases.

scholarly journals SOME ISSUES OF THE PROCEEDINGS UNDER ARTICLE 66 OF THE ADMINISTRATIVE PROCEDURE CODE IN THE CONTEXT OF THE ACTIVITY CARRIED OUT BY THE FARMERS

2020 ◽  
Vol 2 (1) ◽  
pp. 88-95
Author(s):  
Svetlana Tsonchovska
Keyword(s):  
Judicial Review ◽  
The Other ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Legal Nature ◽  
Legitimate Interests ◽  
Administrative Act

The process of creating and approving the final dedicated layer of “Allowable Areas” is a complex factual set of administrative and procedural actions by the administration that assists farmers to declare their plots with which they want to participate in the relevant support campaign. In view of the fact that the final order of the Minister of Agriculture, Food and Forestry is, by its legal nature, an individual administrative act which affects the rights and legitimate interests of individual farmers in the course of their activities to one degree or the other, it is also subject to of judicial review of its legality.

scholarly journals Real Acts as a Public Administration Tool

2021 ◽  
pp. 83-90
Author(s):  
Oleh MUZA
Keyword(s):  
Public Administration ◽  
Scientific Research ◽  
Legal Regulation ◽  
Administrative Law ◽  
Significant Information ◽  
The Real ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Legal Nature ◽  
Definition Of

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

scholarly journals Legal Nature of the Commissioner for the Protection of Equality in Republic of Serbia // Upravno-pravni aspekti poverenika za zaštitu ravnopravnosti u Republici Srbiji

2018 ◽  
Vol 8 (8) ◽  
pp. 244
Author(s):  
Stefan Andonović
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
Administrative Procedure ◽  
Legal Nature ◽  
Legal Position ◽  
Specific Position ◽  
The Subject ◽  
The Republic ◽  
Constitutional System

The subject of this paper is determination of the legal nature of the Commissioner for the Protection of Equality in legal system of the Republic of Serbia. The specific position and role in the legal system is examined from the perspective and methods of administrative law. Special attention is paid to the analysis of the legal nature of the Commissioner’s acts in the framework of his powers. Also, the paper analzyed certain issues related to the procedure before the Commissioner, as well as the connection between this procedure and the general administrative procedure. Based on the analysis of the legal position, the legal acts of the Commissioner, and the constitutional system of division of power, the author concludes that the Commissioner’s legal nature in the Republic of Serbia is predominantly administrative-legal.

Legal Identificatino of Administrtive Procedure

2019 ◽  
pp. 14
Author(s):  
VALERII KOLPAKOV ◽  
TETIANA KOLOMOІETS
Keyword(s):  
Subject Matter ◽  
Administrative Law ◽  
Public Authorities ◽  
Administrative Procedure ◽  
Scientific Issue ◽  
Number Of Factors ◽  
Legal Nature ◽  
The Subject ◽  
Administrative Proceeding ◽  
Legal Identification

Creation of the new court jurisdiction in Ukraine represented by administrative procedure gave rise to the relevant areas of scientific research, many of which are concerned with its legal identification and correlation with long-established legal categories. The analysis shows that differences in jurists’ opinions are an indication of the pressing scientific issue, addressing which will stimulate ongoing comprehension of the essential characteristics of the judicial appeal against acts and omissions by public authorities. Accordingly, the aim of this research is to carry out the legal identification of administrative procedure by showing its relation to the subject of administrative law and administrative proceeding. This has been done by examining the opinions of administrative law scholars on interpretation and correlation of such concepts as administrative procedure, subject of administrative law, administrative proceeding as well as their views on the norms of the Code of Administrative Procedure of Ukraine and provisions of other norms and regulations. It has been emphasized that renovation of the Ukrainian administrative law and formation of its modern paradigm are inextricably linked with the number of factors which include theoretical and practical findings in the sphere of administrative procedure, efficiency of the scientific support for the reforms of the administrative and legal institutions, establishing the patterns of their reformation, legal review of the actions being taken, as well as providing legal grounding for political and philosophical developments, along with generating legislative and organizational initiatives. This research also argues that administrative procedure is a fundamental component of the subject matter of administrative law and an integral part of the administrative proceeding. As a result of this, the authors conclude that administrative procedure, being of administrative and legal nature, constitutes the part of the subject matter of administrative law and administrative proceeding. It is therefore proposed that administrative proceeding be defined as an umbrella term for the regulatory activities of public administration in relation to exercising their authority.

EUROPEAN ADMINISTRATIVE COOPERATION

2019 ◽  
Vol 5 (1) ◽  
pp. 167-178
Author(s):  
Katarzyna Samulska
Keyword(s):  
Administrative Law ◽  
Research Network ◽  
Legal Institution ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Draft Model ◽  
The Eu

This article covers the discussion of a new legal institution regarding European administra-tive cooperation introduced into the Code of Administrative Procedure. The scope, size and detail of the provisions governing transnational administrative cooperation were analyzed. The principles of European administrative cooperation and the scope of the title issues were discussed. Attention was paid to the ways of initiating this cooperation and form. Refer-ence has been made to the adopted solutions in the field of European administrative coop-eration for the regulation of the draft Model of the EU Administrative Procedure Code prepared by Research Network on EU Administrative Law. Conclusions regarding the nature and shape of the adopted solutions in the field of European administrative cooperation were drawn

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

scholarly journals ADMINISTRATIVE AND LEGAL INSTRUMENTS FOR ENSURING THE IMPLEMENTATION OF STATE POLICY IN THE FIELD OF EUROPEAN INTEGRATION OF UKRAINE

2019 ◽  
pp. 78-83
Author(s):  
E. O. Kazmiryshyn
Keyword(s):  
Civil Society ◽  
European Integration ◽  
Public Administration ◽  
State Policy ◽  
Scientific Literature ◽  
The Public ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Research Problems ◽  
Stated Purpose

The article is devoted to determining the list of administrative and legal instruments for ensuring the implementation of state policy in the field of European integration of Ukraine. In order to achieve the stated purpose, it seems necessary to solve the following research problems: 1) to analyze the domestic scientific literature devoted to understanding the category of “administrative and legal instruments” or its analogues; 2) identify the types of administrative and legal instruments used by public administration entities in implementing state policy in the field of European integration of Ukraine; 3) to specify the prospects of expanding the list of administrative and legal instruments that public administration entities may use in implementing state policy in the field of European integration of Ukraine. As a result of the study the following conclusions are reached: they use the appropriate administrative and legal instruments to perform the tasks assigned to the subjects of the public administration of Ukraine involved in the implementation of state policy in the sphere of European integration of Ukraine. The conducted research allows to state that the specifics of this direction of state policy of Ukraine determines their insignificant list. These include: by-laws, planning acts and information acts; the necessity of introducing a clear procedure for involving civil society institutions and interested individuals in developing, discussing and monitoring the implementation of state policy plans in the field of European integration of Ukraine has been proved. The procedure for such involvement should be defined at the level of the Administrative Procedure Code of Ukraine; the necessity of expanding the list of administrative and legal instruments used by the public administration of Ukraine in implementing state policy in the field of European integration of Ukraine is substantiated. Their extension is possible, for example, through the involvement of administrative contracts, in particular: subordination and coordination administrative agreements. They could become the legal basis for the interaction of public administration entities of Ukraine, as well as subjects of national public administration and local self-government bodies or civil society institutions in particular areas of implementation of state policy in the field of European integration of Ukraine.

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