scholarly journals Category of time limit in administrative procedural law

2021 ◽  
Vol 25 (4) ◽  
pp. 791-813
Author(s):  
Elena V. Beliakovich

Administrative procedural law is full of numerous and varied procedural time limits which, as time-related categories, define the temporal boundaries of the administrative process and can act as an effective regulator of administrative procedural legal relations. The article examines the concept of time limit in administrative procedural law from the standpoint of integrativeness. It notes that the studied issue was not thoroughly elaborated in science, which appears to result from the young age of administrative procedural law as a separate branch. The research identifies substantial characteristics of the administrative procedural time limit. It reveals the temporal content of time limit in administrative procedural law. A conclusion is reached that the administrative procedural time limit results from the impact of temporal categories on the administrative procedural legal regulation when administrative cases are settled by a public administrative authority and a court. The administrative procedural time limit is recognised as a tool used for temporalizing the administrative process and aimed at ensuring the dynamism of administrative procedural activities through duration, speed, rhythm and cyclicity. The article identified the trend towards the legislative refinement of the administrative procedural time limits. In an integrative sense, the attributes inherent to the administrative procedural time limit reveal the versatility and rich inner content of the concept of time limit in administrative procedural law, which results from the legal synthesis of temporality and authoritative procedural activities of public administrative authorities and courts in settling administrative cases. The article proposed the definitions for the category of time limit in administrative procedural law both in a narrow and broad sense, as well as with an emphasis on the temporal side of the examined category.

2021 ◽  
Vol 11 (3) ◽  
pp. 50-69
Author(s):  
M.Yu. LEBEDEV

In the presented article the problems of interaction between the various branches of Russian law on the basis of legal principles are considered. The author, examining such concepts as “interaction” and “interrelation” states the fact that the issue of interaction of branches of law is considered by almost all researchers only from the position of listing those branches with which their branch of law interacts. At the same time, the construction of branch norms without taking into account the principles of the branch, where and the branch, from which the legal institute is implemented, leads to conflicts. Separate attention in the work is paid to the views of V.A. Riazanovskii and other scholars on the concept of “unity of process” in the context of interaction between the principles of various branches of law. The author examines the interaction of such branches of law as civil procedural law with civil, family law, arbitration and administrative process. The article draws attention to the cases of free treatment of the legislator with the category of “principles of law”, which, in the author’s opinion, leads to significant distortions of the entire branch of law, where principles not inherent in this branch are wrongly implanted. Studying institutes of law as the main mechanism of inter-branch interaction, the author comes to the conclusion about the need for legal regulation of interaction precisely through the principles of a branch of law.


2021 ◽  
Vol 2021 (2021) ◽  
pp. 147-163
Author(s):  
Corneliu-Liviu POPESCU ◽  

At the beginning of the SARS-CoV-2 pandemic, the European Court of Human Rights ruled and then extended the decision to suspend part of its activity, as well as certain procedural time-limits, including time-limit for referral to the Court through the means of a state or an individual application. These measures do not comply with the European Convention on Human Rights, nor with the Rules of the Court. The control of the regularity of these measures may be exercised by the judicial formations of the Court, acting in the specific cases.


2021 ◽  
pp. 145-148
Author(s):  
O. I. Mykolenko

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.


The article is devoted to problems of international legal relations regulation in the field of cooperation between law enforcement authorities. The principal focus is laid particularly on police cooperation that gives the edge in countering the current challenges to national and global security. The meaning of such cooperation as an object of international legal regulation is given a thorough analysis. The main perspectives of implementing the international police cooperation are determined in view of the existing threats to the security environment as well as by taking into account the transboundary nature of criminal behavior. The process structure of the international legal relations regulation in the sphere of police cooperation is addressed. It is shown that such regulation is based on the needs of the countries’ national security, but with due regard to national legislation. The latter settles two problems outright: preventing the restriction of national sovereignty and ensuring maximum legality in the criminal prosecution process. The character and emphasis of international legal relations regulation in the sphere of police cooperation were determined. It is emphasized that such regulation includes separate methods of international, administrative and criminal procedural law. Thus, it is concluded that the development of a separate branch of law is a prerequisite, especially in the legal doctrine of international police law. This will ensure the effectiveness and efficiency of international law in the national legal system.


Author(s):  
Danille E. Arendse

The empirically developed English comprehension test (ECT) was created for organisational and educational purposes to assess verbal reasoning. The initial version of the ECT had an associated time limit of 45 min, which required individuals to complete it within the specified time, while the later version of the ECT had no time limit. The ECT’s two test versions – a timed and an untimed version – were piloted as part of the development and validation of the ECT. The purpose of this article was to explore the internal consistency of the two test versions and compare the reliability of the timed and untimed versions of the ECT. This study was conducted to establish whether reliability was affected by the different time limit-related requirements. The sample size for ECT version 1.2 was 597 and ECT version 1.3 comprised 882 individuals. The methods used for comparison in this article involved a graphical display of performance relating to both test versions and an exploration of the times recorded for the untimed test version. A reliability analysis was performed to evaluate the internal consistency of the two test versions. The performance of individuals in the untimed and timed versions of the ECT was similar based on the average minimum and maximum scores. The Cronbach’s alpha indicated that verbal reasoning was measured consistently for the two test versions. This result suggested that time did not negatively affect the reliability of the test.


2021 ◽  
Vol 18 (3) ◽  
pp. 261-276
Author(s):  
A. I. Kaplunov

The article provides an overview and analysis of modern approaches to understanding the administrative process as a sectoral type of legal process that have developed in domestic theory, taking into account the changes that have occurred in the procedural legislation of the Russian Federation over the past three decades after the collapse of the USSR in 1991. The process is classified as follows: complex on a jurisdictional basis; integrative; complex on the basis of managerial, judicial. Particular attention is paid to the critical analysis of the judicial approach to understanding the administrative process, the reasons for the disagreements of its supporters, firstly, with representatives of the science of civil procedural law regarding the determination of the procedural nature of administrative proceedings, and, secondly, with specialists in administrative law regarding the denial of the presence of administrative-procedural forms of activity of subjects of public administration and attempts thereby to disavow the domestic doctrine of the administrative process. The methodology for studying the nature of procedural activity is based on the analysis of the sectoral subject of legal regulation and three types of a unified method of substantive regulation (civil, administrative and criminal), the implementation channels of which are varieties of legal process in the form of civil, administrative and criminal process which are based on an adversarial or investigative type of jurisdictional process, or a law-granting type of legal process. This methodological approach made it possible: 1) to establish the sectoral procedural nature of administrative proceedings, which is determined not by the subject of a “dispute about law”, but by the method of legal regulation, represented by the civil law type of regulation of public relations, the implementation channel of which is an adversarial type of jurisdictional legal process, which is its nature as a civil process; 2) to identify the shortcomings of the model of administrative proceedings enshrined in Russian legislation, the essence of which is that an adversarial type of jurisdictional process intended for judicial protection of a person who has suffered from the actions of an official and, acting as a plaintiff in the case, is applied to persons who have violated the established prohibitions and restrictions, or committed administrative offenses and acting in the case as a defendant; 3) to substantiate the presence in the structure of the administrative process of procedural forms of activity of subjects of public administration as a channel for the implementation of the administrative-legal type of regulation of public relations and determine the list of administrative proceedings.


2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.


2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.


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