scholarly journals Interpretation of Administrative Legal Norms Demonstrating Strong Relations with Civil Law Which Aim Environmental Protection

2013 ◽  
Vol 32 (1) ◽  
pp. 111-121
Author(s):  
Ewa Katarzyna ◽  
Marta Pietrzyk
Keyword(s):  
Environmental Protection ◽  
Legal Status ◽  
Civil Law ◽  
Administrative Law ◽  
Public Law ◽  
Public Authorities ◽  
Penetration Process ◽  
Clear Separation ◽  
Legal Norms ◽  
New Challenges

Abstract The penetration process of structures traditionally assigned to civil law into administrative law, especially administrative law aiming environmental protection, has been more noticeable through recent years. This process resulted in deepening the absence of a clear separation of private law norms from public law norms. It led to the existence of so-called quasi civil solutions, which can be found for example in the Act on prevention from damages in environment and its repair. Their specificity consists in the fact that they cannot be regarded as civil law structures due to the differences between them and the civil law structures. This legal status sets new challenges for legal theorists as well as practition- ers. They concentrate on interpretation of administrative law provisions which were penetrated by civil law structures, taking into account differences between interpretation of administrative and civil law provisions. We should not reject specific character of the civil law provisions’ interpretation and interpret these provisions only by taking into account specificity of administrative law inter- pretation. Civil law institutions are characterized by a larger field for action, which is left for parties or performers, in comparison to the institutions of ad- ministrative law. This specificity of civil law structures should be considered as its advantage that should not be removed in the activities of public authorities.

Le ‘New Properties’ e il decentramento delle scelte pubbliche*

1989 ◽  
Vol 7 (1) ◽  
pp. 55-66
Author(s):  
Francesco Pulitini
Keyword(s):  
Electromagnetic Waves ◽  
Economic Value ◽  
Civil Law ◽  
Administrative Law ◽  
Public Law ◽  
Public Authorities ◽  
Public Intervention ◽  
Public Control ◽  
Technological Developments ◽  
Very High

Abstract Public intervention tends to expansion as far as the generation of externalistes from new technological developments allows public authorities to exercise their regulatory power.A good illustration is the regulation of the use of electromagnetic waves for broadcasting and telecasting: a public authorization allows the licenses to make use of a good whose economic value is very high, without paying the adequate price. Such registration falls, quite clearly, within the measures of public law (and in particular of administrative law).This paper shows that the aims pursued through public regulation can be better achieved by other means, including a kind of decentralized public control to be realized through instruments of civil law.

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 Juridical Persons and Subjects of Public Law: in Legal Balance Search

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Вениамин Яковлев ◽  
Vyeniamin YAkovlyev ◽  
Эльвира Талапина ◽  
Elvira Talapina
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
New Classification ◽  
Public Authorities ◽  
Public And Private ◽  
Civil Status ◽  
Juridical Person ◽  
Public Entity

The joint position of civil and administrative law specialists concerning an opportunity and need to obtain by public law subjects of the juridical person status is presented in this article. Public entity is a civil law subject, but it is presented by its public bodies. Considering features of public authorities as juridical person, authors draw the conclusion about a secondary role of a civil status. The article suggests new classification of administrative law subjects for public and private subjects depending on their role in public administration. The category of the juridical person of public law could be useful to settle the problem of the state “double face” in private relations. At the same time the authors call attention to various and ambiguous prospects of the Russian legislation development in this concept should be employed. The authors have formulated the principle of correct adoption according to which traditional civil concepts have to be accepted by public law in their initial understanding, without distortions, and vice versa.

scholarly journals FEATURES OF ADMINISTRATIVE AND LEGAL STATUS OF ADMINISTRATIVE COURTS AS SUBJECTS OF INTERACTION WITH PUBLIC ADMINISTRATION AUTHORITIES

2021 ◽  
Vol 1 (10) ◽  
pp. 70-74
Author(s):  
O. Gresko ◽  
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Public Law ◽  
Public Authorities ◽  
Territorial Jurisdiction ◽  
The Subject ◽  
Administrative Courts ◽  
Administrative Jurisdiction ◽  
Determining Factor ◽  
Court Process

The article is devoted to the analysis of general theoretical aspects of determining the administrative and legal status of administrative courts as subjects of interaction with public administration bodies. The basis of the study were modern scientific developments on the subject, as well as current national legislation. The article reveals the category of "status". The essence of the legal status as one of the varieties of the general status of the subject (person, authority, etc.) is analyzed. Scientific approaches to the administrative and legal status are analyzed. The current administrative and legal status of administrative courts in Ukraine is determined. It is concluded that the administrative and legal status of administrative courts is the legal status of administrative courts determined by the norms of administrative law, which consists of a set of elements, the determining factor among which is instance and territorial jurisdiction for public law disputes, one of the parties of which is a public authorities. It was found that among the features of the administrative and legal status of administrative courts as subjects of interaction with public administration authorities should be noted: 1) does not contain the traditional division of elements into rights, freedoms, responsibilities, and is answered only by the competence in the relevant jurisdiction; 2) administrative jurisdiction, according to current legislation, is differentiated into institutional and territorial; 3) is regulated not only by substantive but also by procedural rules of law; 4) consider cases of administrative jurisdiction, in which public administration authorities may act as one of the parties, and administrative courts may interact with these bodies outside the court process.

scholarly journals The Principle Of Legality, Principle Of Public Law

2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
The Social ◽  
Social Balance ◽  
The Moment ◽  
Principle Of Legality

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.

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 GUARANTEES OF ACCESS TO ADMINISTRATIVE JUDICIARY

2020 ◽  
Keyword(s):  
Civil Rights ◽  
Local Governments ◽  
Administrative Law ◽  
Public Law ◽  
Access To Justice ◽  
Public Authorities ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

Introduction. Administrative proceedings for Ukrainian administrative law, as well as for the administrative law of most post-Soviet states, are a relatively new legal phenomenon. This presupposes the existence of many problems of its formation, which are connected, in particular, with the socio-political transformations that are still going on. These are, first of all, such problems as the formation and legislative consolidation of the legal basis for guaranteeing access and protection in the administrative court. Unhindered access to court and access to justice are necessary conditions for the exercise of the constitutional right to judicial protection. The main results of the study. Access to justice is one of the prerequisites for the establishment of this branch of government as a full-fledged and self-sufficient mechanism for the protection of human rights and freedoms. The Constitution of Ukraine laid the foundations for the formation of access to justice, stipulating that recourse to the court for the protection of human and civil rights and freedoms is guaranteed directly on the basis of the Basic Law. The influence of international normative legal acts on the development of national legislation regulating a person's right to apply to an administrative court for protection was considered. The Constitution of Ukraine guarantees the right of a person to judicial protection and appeal against decisions, actions or omissions of public authorities, local governments, officials and officials. Administrative justice is called upon to implement this provision. Conclusions. The article determined that the right to appeal against decisions, actions or omissions of public authorities, local governments, officials and officials, a component of which is the right to go to court (right to access to court proceedings), is not abstract, but has a connection. connection with the right of a particular person in whose interests the trial is taking place, and with his conviction that the state, represented by public authorities and local governments, officials and officials have unlawfully interfered with his rights or freedoms. The obligatory feature of a public law dispute was that a person believes that there is a violation of his rights and freedoms as a result of the performance or non-performance of government functions. In order to go to court, a person who is a plaintiff must have a substantive legal interest in resolving a public law dispute. The article highlighted and analyzed some problems of ensuring access to justice by administrative courts in resolving public law disputes. His own vision for solving and eliminating the problems of access to justice in administrative proceedings is offered.

scholarly journals Challenges and Prospects of the Legal Regulation of Robotics

2020 ◽  
Vol 1 (12) ◽  
pp. 26-35
Author(s):  
E. S. Mikhaleva ◽  
E. A. Shubina
Keyword(s):  
Public Relations ◽  
Legal Status ◽  
New Technologies ◽  
Legal Regulation ◽  
Modern World ◽  
Cyberphysical Systems ◽  
The European Union ◽  
Legal Norms ◽  
Foreign Countries ◽  
New Challenges

The modern world almost continuously emphasizes the importance of new challenges and solutions in all areas and fields of life for humanity. The emergence of new technologies and the improvement of conventional mechanisms to meet the demands of digital reality pose new challenges for any social science and practice; the role of law as a tool of regulatory influence on public relations becomes of particular importance. Recently, the issue of regulation of ubiquitous artificial intelligence, cyberphysical systems, advanced “smart” robots and other achievements of engineering science has become of primary importance for the Russian and world legal science. The authors of the article have analyzed the issues of possible approaches to the robotics legal regulation. Due to the latest trends in the development of legal norms on robotics in foreign countries, in particular in the European Union, the issues of legislative recognition and determination of the robot’s status, i.e. the prospect of robots becoming legally capable, or strengthening and clarifying the legal regime of the robot exclusively as an object of legal regulation become topical. The paper is devoted to studying topical issues of possible directions of legal regulation of robotics and analyzing the main approaches to determining the legal status of robots and liability for harm caused by them in the autonomous performance of actions.

scholarly journals Samorząd zawodowy i gospodarczy w Polsce po 1989 roku

2018 ◽  
pp. 49-58
Author(s):  
Robert KMIECIAK
Keyword(s):  
Legal Status ◽  
Central Government ◽  
Public Law ◽  
Transformation Process ◽  
The State ◽  
Public Authorities ◽  
Civic Society ◽  
Governing Body ◽  
Professional Self ◽  
Decentralization Reform

One of the greatest achievements of the socio-political transformation process in Poland is the profound decentralization of public governance. In administrative law, decentralization is perceived as a system with a larger number of independent hubs, vested with competences in terms of public law, and a single center. Therefore, decentralization is a process of delegating certain public functions which formerly were reserved for the central government to groups of citizens organized in corporations. Although local government exemplifies decentralization it is not a one-dimensional no- tion that refers exclusively to territorial relations. In the system of representation specialized self-government bodies, formed with different criteria, play a highly significant role represen- ting the interests of various groups. They are divided into self-governing bodies focused on the economy and the professions. Formal and legal homogeneity, though, does not translate into the appropriate political position of these two forms of self-governing bodies in Poland. While the professional self-governing body is clearly an association governed by public law, the so-called economic self-governing body is based on concepts that emphasize the volunta- ry nature of the ties between entrepreneurs, associated in chambers of commerce. The differences in their legal status and the resulting powers bear no influence on the fact that both economic and professional self-governing bodies are now facing equally serious threats in Poland. In both cases these are related to how the state approaches the extra-territo- rial form of decentralization. We can speak of different motivations here. The state, or rather the state administration, is excessively interested in the professional self-governing bodies and is curbing the autonomy they have traditionally been vested with. The situation is quite different with respect to the economic self-governing bodies, where the public authorities are scarcely interested in becoming involved in supporting them. It should be realized then, that the success of Polish decentralization reform will only be complete when all forms of self-government develop harmoniously irrespective of the rela- tions between their members, whose empowerment will serve democracy and strengthen civic society.

scholarly journals PUBLIC AUTHORITIES ADMINISTERING THE FORMS OF NATURE CONSERVATION IN POLAND

2016 ◽  
Vol 2627 (34) ◽  
pp. 27-38
Author(s):  
Kamila Sobieraj
Keyword(s):  
European Union ◽  
Nature Conservation ◽  
Environmental Protection ◽  
Conservation Law ◽  
Environmental Law ◽  
Professional Knowledge ◽  
Environmental Services ◽  
Specialized Knowledge ◽  
Public Authorities ◽  
Legal Norms

Specialized authorities in the field of environmental protection have existed since the beginning of the creation of the system of organization of environmental services and the amount of them has been steadily widening. This has been particularly evident in case of nature conservation law which is a part of environmental law. The fact of existence of authorities having specialized knowledge is particularly important in the context of new environmental tasks resulting from the implementation of European Union legal norms often using professional knowledge. The purpose of this article is to present the specialized authorities functioning in the field of nature conservation, the scope of taking advantage of their professional knowledge potential. The article also aims at taking of trial of assessment of adopted regulations accuracy concerning the division of tasks and competences of public authorities with regard to administration of forms of nature  conservation, as well as presenting de lege ferenda comments aiming at nature conservation tasks performing more effectively.

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