scholarly journals Mediator w postępowaniu administracyjnym

2019 ◽  
Vol 16 (1 (4)) ◽  
pp. 117-131
Author(s):  
Wiktor Trybka
Keyword(s):  
Civil Rights ◽  
Public Administration ◽  
Mediation Process ◽  
Applicable Law ◽  
The Public ◽  
Administrative Procedure ◽  
Case Files ◽  
Administrative Proceedings ◽  
The Right ◽  
Procedural Rights

Amending the Code of Administrative Procedure, the legislator decided to introduce the possibility of conducting mediation proceedings. A mediator may be a natural person who has full legal capacity and exercises full civil rights. The mediator’s role is to ensure the conduct of the mediation process. They have the responsibility to stimulate the initiative of the parties by means of appropriate mediation techniques, as well as to create an appropriate climate of conversation, based on mutual trust and respect. The mediator uses procedural rights, which include: the right to read the case files and the right to remuneration and reimbursement of expenses related to mediation. The Code of Administrative Procedure also imposes procedural obligations on the mediator: it must maintain impartiality in the conduct of mediation and draw up a report on mediation. Participants in the mediation are also parties of the administrative proceedings and a public administration body. The task of the public administration body is to determine whether the arrangements made by the parties with the participation of the mediator fall within the scope of the generally applicable law.

Administrative Procedure and Judicial Review in Lithuania

2021 ◽  
pp. 69-71
Author(s):  
Agnė Andrijauskaitė
Keyword(s):  
European Union ◽  
Public Administration ◽  
Judicial Review ◽  
General Rule ◽  
The European Union ◽  
The Public ◽  
Administrative Procedure ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Proceedings

This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of Lithuania's 'unflinching' desire to join the European Union and was meant to strengthen the protection of individual rights and administrative accountability. Two cornerstone acts in this regard, the Law on Public Administration and the Law on Administrative Proceedings (APA), were adopted in 1999. Administrative courts were also established in the same year. Article 3 (1) APA spells out the general rule that administrative courts settle disputes arising in the domain of the public administration. All the acts and measures excluded from the competence of administrative courts are listed in Article 18 APA, which establishes the so-called negative competence of administrative courts. Meanwhile, Article 91 (1) (3) APA provides that the impugned administrative decision may be quashed if 'essential procedural rules intended to ensure objective and reasonable adoption of an administrative decision were breached'.

scholarly journals ADMINISTRATIVE APPEAL

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Barjam Gjishti
Keyword(s):  
Public Administration ◽  
Legal Person ◽  
Central Administration ◽  
The Public ◽  
Administrative Procedure ◽  
Administrative Functions ◽  
State Administration ◽  
Administrative Procedures ◽  
The Right ◽  
First Time

The term public administration in the Albanian legal system identifies the group of state administration bodies / public entities that contribute to the performance and functioning of state administration in matters of its competencies. The provision for the first time defined by the bodies that are part of the public administration is Article 3 of the Code of Administrative Procedure, 1999, repealed by the new Administrative Procedure Code, which provides in Article 3, point 6, “the public organ” bodies that are part of the public administration are those exercising administrative functions. The new Code of Administrative Procedures shall designate as a public administrative body any central administration body, local authority, law enforcement authorities, as long as they perform administrative functions, public entities and any natural or legal person who has been given by law, statute or any other form provided by the legislation in force, the right to exercise administrative functions. All public bodies that do not exercise administrative functions are excluded from this definition.

scholarly journals The limits of transparency in administrative proceedings - The Hungarian approach

2018 ◽  
Vol 325 ◽  
pp. 307-316
Author(s):  
Gergely László Szőke
Keyword(s):  
Public Administration ◽  
The State ◽  
Freedom Of Information ◽  
Public Disclosure ◽  
The Public ◽  
Legal Provisions ◽  
Public Data ◽  
International Discourse ◽  
Administrative Proceedings ◽  
The Right

For both the functioning of the state and in a broader sense, that of society it is a key question to determine who has access to the public data, for what purposes, to what extent and on what conditions. The questions of disposal of, access to and public disclosure related to the data processed by the state concern several fields of law, and the coherency of the legal provisions is far not obvious. The aim of this study is to discuss a few aspects of this comprehensive issue. Since some of the public data are processed in public administration proceedings, the question of how public disclosure is enforced in the specific administrative proceedings, and more specifically, how compliant the Hungarian regulation of the freedom of information is with the right of inspection regarding concrete cases is examined. Although the research is focusing mainly on the Hungarian legislation, the findings of this essay may be also used in the international discourse.

scholarly journals Public administration in Russia as a subject of administrative procedure

2022 ◽  
Vol 5 (4) ◽  
pp. 55-77
Author(s):  
A. I. Stakhov ◽  
N. V. Landerson ◽  
D. G. Domrachev
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Integrative Approach ◽  
Public Authorities ◽  
Administrative Process ◽  
Legal Norms ◽  
The Public ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Administrative Proceedings

The subject. Doctrinal approaches that reveal the place and role of public authorities, as well as organizations performing the functions of these authorities in the administrative process carried out in the Russian Federation, the principles and norms of the Constitution of the Russian Federation, administrative procedural legislation that form the legal basis of the administrative process in Russia.The purpose of the article is scientific substantiation of the integration of non-judicial bodies carrying out the administrative procedure into a special subsystem of public power, called public administration in the Russian Federation.The methodology. Formal logical and dialectical methods as well as private scientific methods such as method of interpretation of legal norms, method of comparative jurisprudence were used.The main results, scope of application. The article reveals the scientifically based content of the integrative approach to understanding the administrative process in contemporary Russia, taking into account the norms of the Russian Constitution and the analysis of existing doctrinal developments of administrative scientists. The article substantiates the structure of the administrative procedural legislation of the Russian Federation ant it’s constituent entities, which includes the judicial administrative process and the executive (non-judicial) administrative process implemented by the public administration (executive authorities, local self-government bodies, other administrative and public bodies). Administrativeindicating legal norms are distinguished, the analysis of which allows us to reveal the content, form, structure of the judicial administrative process and the executive (extra-judicial) administrative process, as well as to establish an integrative relationship between them with the help of such special categories as “judicial administrative case”, “extra-judicial administrative case”, “administrative proceedings”, “administrative proceedings”. A number of key proposals are put forward to systematize the judicial administrative process and the executive (extrajudicial) administrative process in Russia on the basis of developed scientific positions. The article reveals the question of a scientifically based theory for understanding the administrative and public functions of public administration, as well as the system and structure of public administration in modern Russia.Conclusions. The presented integrative approach to understanding the administrative process and its differentiated systematization for the judicial administrative process and the executive (non-judicial) administrative process are the only true way to develop the Russian model of administrative process. The question of the need to systematize the administrative and public functions implemented by the public administration is raised. It is proposed to develop and adopt a federal law “On Public Administration in the Russian Federation”, the authors substantiate the content of the structure of this law.

The Requirements and Limits of the Codification of Administrative Procedures in Slovenia According to European Trends

2016 ◽  
Vol 41 (3-4) ◽  
pp. 427-461 ◽  
Author(s):  
Polonca Kovač
Keyword(s):  
National Level ◽  
Legal Protection ◽  
Constitutional Court ◽  
The Public ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Special Rules ◽  
Eastern European Countries ◽  
The Right ◽  
Procedural Rights

In regulating administrative procedures, legislators at the national and European levels should devote special attention to the codification of procedural rights in administrative relations that are recognized as European principles of good administration. Furthermore, there is a normative issue to be addressed between a more or less centralized general codification, with common minimum standards applying in any kind of administrative relation, and the admissibility of special procedural rules adapted to the specifics of individual administrative areas. A comparative analysis of the Slovenian General Administrative Procedure Act and eu standards regarding principles of administrative procedures is conducted in order to identify the role of principles, such as the right to be heard, the right of access to information, and the right to legal protection, on the national level. An additional analysis of the case law of the Slovenian Constitutional Court shows that the general codification of respective procedural rights is indispensable in pursuing the principle of the equal protection of rights. The Slovenian case can serve as a model for other, especially Eastern European, countries. The author argues that there is a need for general codification, which should not be overly detailed, but which should still serve the basic objectives of administrative procedures, namely ensuring substantive rights and the most important legal interests of the parties, in addition to guaranteeing effective protection of the public interest. At the same time, special rules should be allowed as exceptions in order to regulate sector-specific aspects, while nonetheless ensuring that such rules remain in compliance with European and constitutional procedural principles.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

RETHINKING MODEL BISNIS PEMERINTAH DESA: KASUS PADA BADAN USAHA MILIK DESA DI KABUPATEN BANYUMAS, INDONESIA

2018 ◽  
Vol 16 (1) ◽  
pp. 93-102
Author(s):  
Muhammad Husnul Maab ◽  
Shadu S. Wijaya ◽  
Zaula Rizqi Atika ◽  
Denok Kurniasih
Keyword(s):  
Public Administration ◽  
Rural Community ◽  
Fundamental Difference ◽  
Public Enterprise ◽  
Business Sector ◽  
Social Business ◽  
The Public ◽  
Sector Model ◽  
The Government ◽  
The Right

The emergence of rural community owned enterprises khown as BUMDes has been in line with evolution of public administration pradigm, from OPA to NPM who implemented in local government. Local potency development becomes a substantial aspect to improving local competitiveness. Hence, BUMDes formation is one of the models financial capacity to develop local potency in rural level. The aim is comparing traditional and public enterprise based management in local potency management. The results show that there is a fundamental difference in the management of local potency in rural level. Consequently, We argue that has been on the right track, the evolution of the government business model to the public enterprise for the management of local potency in rural level. Evolution of BUMDes is from a bureaucratic to the business sector model, but as a social business not profit maximizing businesses.

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.

scholarly journals DETERMINING INDIVIDUAL CATEGORIES OF ADMINISTRATIVE PROCEDURES FOR PUBLIC REGISTRATION OF CIVIL STATES WITH ACCOUNTING OF LEGISLATIVE TRANSFORMATIONS

2019 ◽  
pp. 170-173
Author(s):  
O. H. Pohrebniak
Keyword(s):  
Administrative Law ◽  
The Public ◽  
Administrative Procedure ◽  
Modern Development ◽  
The Status ◽  
Civil Status ◽  
Administrative Procedures ◽  
State Registration ◽  
Administrative Proceedings ◽  
Theoretical Developments

The article defines certain peculiarities of administrative proceedings of state registration of marriage and establishment of paternity in Ukraine. It has been established that the procedures for state registration of acts of civil status are types of administrative procedures, it should first be noted that the general normative act which should define the notions and peculiarities of such procedures should be the Law of Ukraine “On the administrative procedure” 2018, which at present time is a project and submitted to the VerkhovnaRada of Ukraine for consideration. As a rule, scholars agree that the administrative procedure is directly related to the activities of the public administration and is an established algorithm for the functioning of the subjects of power. In this case, the procedures for state registration of acts of civil status are no exception. They are a kind of administrative procedures and implemented by state authorities, and in certain cases, and by local self-government bodies. At the same time having its own peculiarities regarding the procedure for implementation and the subject structure of such procedures. It has been established that the modern development of domestic administrative legislation and the practice of its application testifies that at present the administrative procedure as an independent component of administrative law has not yet been fully formed, although, given the active theoretical developments of the representatives of the administrative and legal science on the pages of scientific, journalistic and educational publications concerning the concept, features, types and structure of administrative procedures, and referring to the active legislative development of this tyranny, it is safe to say that the process of the administrative procedure in the structure of administrative law is actively continuing. Therefore, on the basis of theoretical developments and practical features, the author’s understanding of the concept of “administrative procedure of state registration of acts of civil status” is determined. In addition, given the specific features of administrative proceedings for state registration of civil status acts, as well as for a more complete clarification of the status and authority of all participants in certain administrative procedures, the necessary additional introduction of the concept of “implementation of the administrative procedure” is argued. Such category will allow to find out the place, role and authority not only of the administrative body, but also other participants in administrative proceedings. Thus, under the implementation of an administrative procedure, it should be understood as the observance, execution, use and application of procedural steps directed at the consideration and resolution of an administrative case.

scholarly journals eGovernment as an element of the right to good administration

2018 ◽  
Vol 331 ◽  
pp. 29-39
Author(s):  
Justyna Matusiak ◽  
Marcin Princ
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
European Union Law ◽  
Reasonable Time ◽  
Charter Of Fundamental Rights ◽  
Right To Good Administration ◽  
Administrative Proceedings ◽  
The Right ◽  
Procedural Rights

The right to good administration constitutes an established principle of European Union law, which includes the procedural rights of stakeholders in administrative proceedings, the result of which may affect their interests. Article 41 of the European Union Charter of Fundamental Rights states that every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union. When it comes to reasonable time of handling the case one can ask if eGovernment solutions are the guarantee of such a right. eGovernment understood as the use of all kinds of electronic means of communication, in particular, however, the Internet, improves services provided by the state to its citizens. The usage of IT technology in public administration allows it to perform its activities in a more efficient way. This improvement applies not only to the communication between parties but also to the quality of citizens’ life. To sum up, one can ask the question if the European right to good administration can be understood as the right to eGovernment solutions and if so, to what extent. Which services and technical solutions should be guaranteed as ones ensuring challenges of good administration?

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