ON THE NEED TO REFORM THE CERTAIN MEASURES OF ADMINISTRATIVE COMPULSION APPLIED TO FOREIGN CITIZENS, TAKING INTO ACCOUNT THE DIGITALIZATION OF PUBLIC AUTHORITIES

2020 ◽  
pp. 130-143
Author(s):  
Yulia V. Paukova ◽  
Keyword(s):  
Control System ◽  
Rating System ◽  
Public Authorities ◽  
Judicial Practice ◽  
Migration Control ◽  
Administrative Responsibility

In the article are considered the grounds for the application of three types of removal of foreign citizens and stateless persons in case of violation of migration legislation. These are administrative expulsion, deportation and readmission. The necessity of changing the current legislation and preserving only administrative expulsion (as a measure of administrative responsibility), deportation (in the event of expulsion of persons released from places of deprivation of liberty, in respect of whom decisions on the undesirability of stay (residence) in Russia have been made) and readmission (as a method of transferring persons subject to administrative expulsion and deportation) has been substantiated. The analysis of the grounds and timing of closure of entry to foreign citizens in case of violation of migration legislation made it possible to conclude that there is no clear system. Examples of judicial practice are given, illustrating the different approach of judges when bringing foreigners to administrative responsibility. It is concluded that it is necessary to develop and implement an "Automated Information Migration Control System" which, taking into account all the circumstances, would offer the most fair decision in relation to a violator of Russian migration legislation. Subsequently, it is proposed to develop and implement a rating system for foreign citizens, which would allow bringing to administrative responsibility and setting the entry closure period of migrants, taking into account their raiting.

Negative admissibility of evidence in public law litigation: reflections on the exercise of public authorities’ power in relation to the proof process

2021 ◽  
pp. 800-808
Author(s):  
Dmitry B. Abushenko
Keyword(s):  
General Rule ◽  
Court Case ◽  
Court Cases ◽  
Public Authorities ◽  
Judicial Practice ◽  
General Logic ◽  
Special Cases ◽  
The Status ◽  
Judicial Procedure ◽  
Public Law Litigation

We consider the issues of the implementation of certain public authorities in relation to a future judicial dispute. We define the boundaries of use of additional evidentiary tools through the prism of the powers vested in other (non-parties in a particular court case) public entities. We substantiate the applicability of the general rule on negative admissibility, we highlight special cases when evidence previously obtained by an authority that does not have the status of a person participating in the case could still be submitted to a court case initiated on a dispute involving a public authority. The general logic of the proposed approach can be applied both to a procedural private opponent when he received “reinforcement” due to the actions of another authority, and can also be used for private law disputes. We conclude that the absence in the current Russian legislation of any norms that build in-tersectoral relations with regard to the institution of negative admissibility of evidence obtained by other authorities not only generates contradictions in judicial practice, but also in a certain sense discredits the adversarial judicial procedure itself and discourages public authorities, which begin to operate with special tools to combat socially dangerous acts in “ordinary” court cases.

THE VALUE AND SIGNIFICANCE OF LEGAL PRECEDENT, ITS FUNCTIONING IN UKRAINE

2017 ◽  
Author(s):  
Nataliia Pylhun ◽  
◽  
Vladyslava Sokhar ◽  
Keyword(s):  
Local Governments ◽  
Constitutional Court ◽  
Public Authorities ◽  
Legal Cases ◽  
Judicial Practice ◽  
Special Procedure ◽  
Legal Case ◽  
Foreign Countries ◽  
Legal Precedent ◽  
Exclusive Right

The article is devoted to the coverage of one of the current problems of law-making activity of officials and public authorities regarding the value and significance of legal precedent in society. Legal precedent is the main source of law in the Anglo-Saxon legal system, but it is also reflected in the Romano-Germanic legal family. Judicial practice of foreign countries clearly demonstrates the effectiveness and value of judicial precedent in resolving legal cases. The peculiarity of the precedent is that the results of the interpretation of constitutional acts and ordinary laws provided by higher courts are binding on all lower levels of the judiciary. As a result of this approach, a relatively independent type of precedent is formed - the precedent of interpretation, recently the concept of precedent of interpretation is becoming increasingly relevant for Ukraine in connection with the practice of the Constitutional Court of Ukraine. According to the Constitution of Ukraine, the Constitutional Court of Ukraine has the exclusive right to provide an official interpretation of the Constitution and laws of Ukraine. Decisions of the Constitutional Court of Ukraine on official interpretation are binding on all individuals and legal entities, as well as public authorities and local governments in Ukraine. However, the Constitutional Court of Ukraine carries out interpretive activities not only within the framework of a special procedure, but also during decisions on compliance with the Constitution of Ukraine, laws and other legal acts specified by law. The motivating part of these decisions may contain legal interpretative provisions, which disclose the content of the relevant provisions of the Constitution of Ukraine and legal acts, the constitutionality of which has been verified. Judicial precedent has certain advantages in terms of the quality of justice, as it is characterized by special regulation of similar specific life situations, which reduces the level of arbitrariness of officials. However, there is another view of this issue, which denies the effectiveness and reliability of this mechanism, because the court precedent actually denies the individualization of the legal case.

scholarly journals Signs of the concept of „conflict of interest” in the judicial practice of Ukraine

2021 ◽  
pp. 56-60
Author(s):  
Zoia Zahynei-Zabolotenko ◽  
◽  
Pavlo Demiak ◽  
Keyword(s):  
Supreme Court ◽  
Conflict Of Interest ◽  
Private Interest ◽  
Judicial Practice ◽  
Government Functions ◽  
Correct Definition ◽  
Definition Of ◽  
Administrative Responsibility

This article is about the problem of understanding the concept „conflict of interest” and its characteristics in the legal positions of Administrative Court of Cassation as a part of Supreme Court of Ukraine. From the article we can understand that these legal positions touch the correct definition of characteristics of private interest, potential and real conflict of interest, finding out people who are subordinated to a person who is authorized to perform state or local self-government functions, and it can causes potential or real conflict of interest. These legal positions can be used in bringing the guilty persons to administrative responsibility under the Code of Administrative Offenses.

scholarly journals Constitutional Consolidation of the Name of the Russian State: On Applicability of Abbreviations in Legal Acts

2021 ◽  
Vol 1 ◽  
pp. 8-11
Author(s):  
Andrey N. Ustinov ◽  
◽  
Ekaterina M. Yakimova ◽  
Keyword(s):  
Russian Federation ◽  
Soviet Period ◽  
Public Authorities ◽  
Judicial Practice ◽  
Russian State ◽  
The Russian Federation

The rules of law require the drafters of legal instruments to comply with certain principles, including the correct use of abbreviations or abbreviations in order to uniformly interpret the content of a legal act. The question of whether it is possible to use the abbreviation of the Russian Federation as an abbreviation for “Russian Federation” is controversial, the substantive side of this issue reflects an ambiguous attitude towards the use in legal acts of any abbreviations or abbreviations. On various examples, including constitutional regulation of this issue in the Soviet period, modern judicial practice, the authors conclude that there is no direct ban on the use of the abbreviation of the Russian Federation, however, public authorities in local acts can establish restrictions on its use.

Problems of administrative responsibility for violation of the law on banks and banking

2016 ◽  
Vol 11 (3) ◽  
pp. 126-136
Author(s):  
Гончарук ◽  
Natalya Goncharuk ◽  
Кулаженкова ◽  
Nataliya Kulazhenkova
Keyword(s):  
Comparative Analysis ◽  
Research Topic ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Federal Laws ◽  
The Law ◽  
Banks And Banking ◽  
Administrative Code ◽  
Administrative Responsibility

In the article the phenomenon of discussion in legal science and practice, of administrative responsibility for violation of the law on banks and banking activities is discussed. The relevance of the research topic is determined by the fact that the litigation of violations in this sphere causes difficulties in judicial practice, because the rules of banks and banking activities are also contained in other federal laws, causing significant controversy in determining proper measures of responsibility. The article provides a comparative analysis of the legal liability for violation of the law on banks and banking activities, provided by the rules of the Administrative Code and the Federal Law «On the Central Bank of the Russian Federation (Bank of Russia)»; types of interventions provided for banking offenses are discussed and the ways of solving the problem are indicated.

Court practice in the mechanism of legal monitoring

2020 ◽  
Author(s):  
Mariya Glazkova
Keyword(s):  
Civil Society ◽  
Complete Information ◽  
Public Authorities ◽  
Procedural Law ◽  
Judicial Practice ◽  
Business Structures ◽  
Normative Foundations ◽  
Local Levels

The manual discusses the role of judicial practice in the implementation of the mechanism of legal monitoring on the Federal, regional and local levels. It justifies significance of judicial practice as an integral part of the legal monitoring, since it is the judiciary, which is constant- Janno being at the turn of sometimes conflicting interests to have the most complete information about the quality of legislation. Describes the theoretical and normative foundations of legal monitoring, its organization and influence on the development of procedural law and the legal system. Special attention given the anti-corruption monitoring. The work is aimed at resolving issues of implementation of legal monitoring in the activities of public authorities, business-structures, public organizations and other civil society institutions in order to make informed proposals on optimization of the Russian legislation. For deputies, employees of state and municipal authorities, representatives of civil society institutions, scientific workers, teachers, postgraduates and students of law universities and faculties.

scholarly journals Application and Consent as Unilateral Transactions in the Housing Law

2020 ◽  
Vol 6 ◽  
pp. 40-43
Author(s):  
Ekaterina V. Semenova ◽  
Keyword(s):  
Civil Law ◽  
Public Authorities ◽  
Judicial Practice

The article discusses the features of various kinds of statements and consents in housing law, which can be attributed to unilateral transactions. An assessment of judicial practice is made, which develops on the issue of qualification of applications and consents. Species division of transactions-statements and transactions-consents was made taking into account the classification proposed by B.B. Cherepakhin (the division of unilateral transactions into unilaterally binding and unilaterally enabling transactions). It is noted that a feature of the unilateral transactions under consideration is that they come or are directed to public authorities, which makes it difficult to qualify them as civil law facts, however, certain signs can be highlighted that allow this. But at the same time, attention is focused on the fact that not all applications and transactions in housing law have a civil law nature, which means that not all can be qualified as unilateral transactions.

scholarly journals RESPONSIBILITY OF OFFICIALS OF PUBLIC AUTHORITIES FOR VIOLATION OF THE PROCEDURE FOR CONSIDERATION OF CITIZENS' APPEALS

2021 ◽  
pp. 24-28
Author(s):  
O.L. Kazantseva
Keyword(s):  
Legal Culture ◽  
Poor Quality ◽  
Public Authorities ◽  
Judicial Practice ◽  
The Law

The article is devoted to the problems of bringing officials of state authorities and local self-governmentto responsibility for violating the procedure for considering citizens’ appeals. The author analyzes themodern legislation regulating the procedure for consideration of appeals and providing for the responsibilityof officials of public authorities for violation of this procedure. The article has a certain scientific and practicalvalue, since it identifies the problems of bringing to responsibility for violations of the law on citizens’ appeals,provides examples from judicial practice and draws conclusions about the need to improve the level of legal culture of citizens and officials of state and municipal bodies and the importance of the principle ofinevitability of punishment for the preparation of poor quality answers to applicants.

THE PRINCIPLE OF THE RULE OF LAW IN THE JUDICIAL PRACTICE OF UKRAINE

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Yaroslav Skoromnyy ◽  
Yuriy Mazur ◽  
Valentyn Serdiuk ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Limit State ◽  
Transitional Period ◽  
Complex Nature ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
The Status ◽  
The Law ◽  
The Right

The article reveals the peculiarities of the observance and implementation of the principle of the rule of law in the judicial practice of Ukraine. It was established that the implementation of the rule of law is regulated by the Resolution of the Plenum of the Supreme Court of Ukraine «On a Court Decision in a Civil Case», the Law of Ukraine «On the Judiciary and the Status of Judges» and the Constitution of Ukraine. It has been established that the principle of the rule of law is one of the main principles of a democratic society. It has been established that the problem of observance of the principle of the rule of law in the judicial practice of Ukraine is of a complex nature, and it can be solved only through the implementation of a comprehensive judicial and legal reform. It has been established that in the context of observing the rule of law in Ukraine, the experience of the European Court of Human Rights should be implemented. It has been established that the implementation of the principle of the rule of law occurs through the implementation of the principle of legal certainty, the principle of juridical certainty, the principle of justice, the principle of equality, the principle of clarity and unambiguity of the legal norm, the principle of proportionality, the principle of predictability. It has been proven that in the context of the administration of justice, the court must comply with the principle of the rule of law, as well as ensure the right of everyone to a fair trial, to ensure respect for everyone, as well as other rights and freedoms defined by legislative and regulatory documents. It has been established that one of the main principles for the implementation of the principle of the rule of law is the implementation of changes in legislation in order to establish an appropriate transitional period (that is, a reasonable period between the date of the official promulgation of the law and the date of entry into force of the law). It was determined that the implementation of the principle of the rule of law indicates the limited nature of public authorities in actions, primarily those regulated by law, and the main goal of the principle of the rule of law is to limit state power over everyone, as a result of which the rights of everyone should be properly ensured against arbitrary (and at the same time inappropriate) interference of the state or public authorities, in particular, in the relevant spheres of life of everyone. It is noted that the prospects for further research in this direction are the study of the legal foundations of other principles that guide the activities of the judicial authorities of Ukraine.

scholarly journals Analytical review of antitrust judicial practice (second half of 2019)

2019 ◽  
pp. 74-77
Author(s):  
L. V. Vovkivskaya ◽  
E. V. Savostina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Dominant Position ◽  
Judicial Practice ◽  
Antitrust Laws ◽  
Analytical Review ◽  
The Russian Federation ◽  
Administrative Responsibility

The review contains an analysis of the legal positions of the arbitration courts of the Russian Federation in cases of violation of the antimonopoly legislation regarding the consideration of the following issues: the primacy of antimonopoly control in relation to entities holding a dominant position; creation by the customer of unequal conditions for the participation of persons in procurement; inaction of the authority, leading to restriction of competition; creating benefits for a particular business entity during the procurement; repetition when brought to administrative responsibility. The purpose of the analytical review is the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.

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