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 Current state and prospects of development of a civil suit in criminal proceedings

Lex Russica ◽  
2019 ◽  
pp. 100-107 ◽  
Author(s):  
T. E. Sushina
Keyword(s):  
Burden Of Proof ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Governmental Organizations ◽  
Current State ◽  
Non Governmental Organizations ◽  
Civil Proceedings ◽  
Civil Suit ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the current state and prospects of development of the mechanism of compensation of harm in criminal proceedings. It is noted that with a steady trend of growing discontent of the majority of victims with the state’s activities to restore their rights violated because of the crime, the courts properly resolve civil claims in criminal cases. The reasons why article 52 of the Constitution of the Russian Federation remains declarative are revealed. The conclusion about the inadmissibility of expanding the subject and grounds of civil claims in criminal proceedings is substantiated. It is indicated that the foreign practice of compensation for harm to victims, including through the formation of compensation funds, the use of mediation procedures, funds of non-governmental organizations, faces many problems that remain unresolved. In this regard, it is proposed to use only the institutions of restitution and voluntary compensation of harm in the criminal process, actively using the possibilities of pre-trial stages, as well as to consider claims that clearly arise from the substance of the criminal law dispute and (or) recognized by civil defendants. The remaining civil law issues directly or indirectly related to the committed or impending crime should be resolved in civil proceedings, where the burden of proof of the asserted claims is placed on the person recognized as the victim in the criminal case, his heir or representative. An important role is given to the improvement of the system of execution of court decisions, including through the development of programs based on the achievements of modern digital technologies.

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.

scholarly journals URBAN PLANNING SITUATION IN POLAND

space&FORM ◽  
2021 ◽  
Vol 45 ◽  
pp. 163-182
Author(s):  
Krystyna Guranowska-Gruszecka ◽  
Keyword(s):  
Urban Planning ◽  
Spatial Planning ◽  
Western Europe ◽  
Research Field ◽  
Planning System ◽  
Extensive Experience ◽  
Main Research ◽  
Current State ◽  
The Subject ◽  
State Of Affairs

The subject of the article relates to the current state of affairs of spatial planning system in force in Poland and the possibility to introduce positive changes to it. The author adopted the examples with which she attempts to illustrate the system from her own extensive experience in urban planning, especially in Warsaw, which was assumed as the main research field. In the article, the discussion on the abovementioned planning system starts with the statistics of urban plans made in Warsaw, the scope of social participation and analyzes conducted prior to projects. Then, focus was placed on contemporary trends: functional diversity, land and building ownership, the European Green Deal trend, as well as the necessity for management principles in urban planning and project implementations. The basic assumed research method was to compare the achievements of urban development elements in Poland with similar ones located in countries of Western Europe. In the conclusions, the final summary is presented. It consists in the author’s own recommendations for corrective action for functioning of the spatial planning system in Poland.

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).

The Diffuse Interstellar Bands And Organic Molecules In Space

1997 ◽  
Vol 161 ◽  
pp. 49-59
Author(s):  
Theodore P. Snow
Keyword(s):  
Organic Molecules ◽  
Interstellar Gas ◽  
Diffuse Interstellar Bands ◽  
Current State ◽  
History Of ◽  
Intensive Observations ◽  
The Subject ◽  
State Of Affairs ◽  
Absorption Features ◽  
Detailed Chemical

AbstractThe diffuse interstellar bands have been recognized for over 75 years, and remain unidentified today. This family of broad interstellar absorption features, now numbering well over 100, has been the subject of a great deal of speculation, intensive observations, and lately has stimulated the interest of chemists as well as astronomers. In this review I briefly summarize the history of the problem and then provide an overview of the current state of affairs. I emphasize recent evidence that the carriers are large molecular species, most likely organic in nature, which are abundant in the diffuse interstellar medium. If so, then the ultimate identification of the responsible species will provide a new window into the detailed chemical and physical properties of the interstellar gas. I also discuss constraints imposed on the carriers by a recent reassessment of the interstellar carbon abundance.

scholarly journals Searching for observational evidence of radial mixing in the Milky Way disk

2012 ◽  
Vol 10 (H16) ◽  
pp. 356-356
Author(s):  
Misha Haywood
Keyword(s):  
Large Scale ◽  
Milky Way ◽  
Theoretical Studies ◽  
Secular Evolution ◽  
Chemical Gradients ◽  
Current State ◽  
The Galaxy ◽  
The Subject ◽  
The Mean ◽  
State Of Affairs

AbstractSecular evolution in disks through angular momentum redistribution of stars induce radial mixing of their orbits. While theoretical studies and simulations now abound on the subject - with various predicted effects: disks growth, flattening of metallicity gradients, possible reversing of the mean age as a function of radius in disk, etc, observational evidences remain sparse. In the Galaxy, possible signatures are searched for in the local distributions of velocities, abundances and ages, or in the variation of large scale chemical gradients with time. I will present the current state of affairs and discuss what kind of evidences is available from data in the Milky Way.

Why did God say no to David? (2 Samuel 7)

2019 ◽  
Vol 43 (4) ◽  
pp. 556-570
Author(s):  
Gregory Goswell
Keyword(s):  
Close Reading ◽  
Free Indirect Discourse ◽  
Indirect Discourse ◽  
Current State ◽  
The Future ◽  
The Subject ◽  
State Of Affairs ◽  
1 Kings ◽  
2 Samuel

The key to discovering why David wants to build a house for Yhwh, as well as the reason for the divine refusal, is to be found in a close reading of the opening verse of 2 Samuel 7. This verse is an example of free indirect discourse, namely, the picture of the king’s situation (in his house and at rest) is how David viewed the current state of affairs. On that basis, David considered that the time was ripe for such a project, for he was under the misapprehension that he had achieved rest from his enemies (v.1b), but God revealed through Nathan that the time of rest lay in the future (v.11a). Despite differences in wording, the identical explanation for God’s embargo on temple-building in the time of David is given in the three passages in 1 Kings and 1 Chronicles that broach the subject.

scholarly journals Socially responsible project management

2020 ◽  
pp. 45-60
Author(s):  
Michał Trocki ◽  
Mateusz Juchniewicz ◽  
Emil Bukłaha
Keyword(s):  
Project Management ◽  
Social Responsibility ◽  
Global Awareness ◽  
Socially Responsible ◽  
Sustainable Solutions ◽  
Current State ◽  
The Subject ◽  
State Of Affairs ◽  
Theoretical Considerations

In recent years we have observed the global awareness of threats posed by unrestrained and irresponsible growth gaining ground. Hence, continuous searches for sustainable solutions which enable to put in place measures that promote global, national, and local efficiency seem to make sense.This paper aims to examine and assess the current state of affairs and proposes directions for the development of sustainable and socially responsible project-related activities. It explains how the idea of social responsibility emerged as a natural consequence of the evolution of an organisation with respect to sustainable development. Against the background of these notions we define the place and role of project management in socially responsible development and discuss different views on the subject presented by authors from different countries. Theoretical considerations are supplemented with the discussion of the findings of own surveys focused on the role and relevance of social responsibility in project management in organisations active in this field in Poland. It was an exploratory study, the first of its kind in Poland.

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