scholarly journals THE ENFORCEMENT PROCEEDING UNDER THE BULGARIAN ADMINISTRATIVE PROCEDURE CODE

World Science ◽  
2021 ◽  
Author(s):  
Veselina Kanatova-Buchkova
Keyword(s):  
Controversial Issues ◽  
Detailed Consideration ◽  
Administrative Procedure ◽  
Legal Remedies ◽  
Procedure Code ◽  
Administration Of Justice ◽  
The Subject ◽  
Administrative Act ◽  
Final Settlement ◽  
Legal Consequences

This paper considers the issues related to the provisional enforcement of administrative acts and the legal remedies against the execution of an administrative act before its entry into force in case of contestation before a higher administrative body or the court. The means of protection of the parties concerned against the provisional enforcement of administrative acts are the subject of special proceedings defined as enforcement proceedings, as they guarantee the ultimate aim of protecting the respective appellant, which is sought by challenging the administrative act, namely not to have the legal consequences of an illegal administrative act realized. The enforcement proceedings under the Administrative Procedure Code provide protection through the suspension of provisional enforcement until the final settlement of the issue of the legality of the administrative act. There detailed consideration of the preconditions of the proceedings, including the controversial issues related to their application in the administration of justice. 

scholarly journals Right of the detainee to have contact with a lawyer or solicitor and to direct consultation with them as an element of the Right of Defence

2021 ◽  
Vol 57 ◽  
pp. 71-83
Author(s):  
Justyna Żylińska
Keyword(s):  
Criminal Procedure ◽  
The Real ◽  
Legal Advice ◽  
Real Contact ◽  
Procedure Code ◽  
The Subject ◽  
The Right ◽  
Legal Consequences

The subject of this study is an analysis of the detainee’s right to have contact with a lawyer or solicitor and to direct consultation with them as an element of the right of defence. The right of defence is also applicable with respect to detainees. An important element in the process of its fulfi lment is the real contact of the detainee with a lawyer or solicitor. In particular, it allows the detainee to obtain legal advice, not only with respect to the current procedural situation but also with respect to further legal consequences and ultimately effect the rights of defence to which the detainee is eligible in the manner consistent with his/her actual procedural interests. The author’s intention is to examine the scope and rules of application of the rights of the detainee as set out in Art. 245 of the Criminal Procedure Code and the analysis of its effect on the detainee’s effective exercising of the right of defence.

scholarly journals Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech Republic

2021 ◽  
Vol 5 (2) ◽  
pp. 109-120
Author(s):  
Kateřina Frumarová
Keyword(s):  
Czech Republic ◽  
Case Law ◽  
Controversial Issues ◽  
Main Attention ◽  
The Czech Republic ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Administrative Body ◽  
Administrative Proceedings ◽  
Judicial Protection

One of the three most important types of actions in the Czech administrative judiciary is the action for protection against the inaction of an administrative body. Judicial protection follows on from the protection within the administrative proceedings (according to the Administrative Procedure Code). Its entrenchment in the Czech law in 2002 was a huge positive. Nevertheless, in practice there are some controversial issues or issues for discussion which relate to this action. The article analyses the essence of this action, its conditions and hearing in court. However, the main attention is paid to the problematic aspects of the action, both those regarding its legislation and those arising from the practice and case law relating to protection against administrative inaction.

scholarly journals SOME ISSUES OF THE PROCEEDINGS UNDER ARTICLE 66 OF THE ADMINISTRATIVE PROCEDURE CODE IN THE CONTEXT OF THE ACTIVITY CARRIED OUT BY THE FARMERS

2020 ◽  
Vol 2 (1) ◽  
pp. 88-95
Author(s):  
Svetlana Tsonchovska
Keyword(s):  
Judicial Review ◽  
The Other ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Legal Nature ◽  
Legitimate Interests ◽  
Administrative Act

The process of creating and approving the final dedicated layer of “Allowable Areas” is a complex factual set of administrative and procedural actions by the administration that assists farmers to declare their plots with which they want to participate in the relevant support campaign. In view of the fact that the final order of the Minister of Agriculture, Food and Forestry is, by its legal nature, an individual administrative act which affects the rights and legitimate interests of individual farmers in the course of their activities to one degree or the other, it is also subject to of judicial review of its legality.

scholarly journals Principles of legal proceedings in the Code of administrative proceedings and in the Civil procedure code

2020 ◽  
Vol 4 (3) ◽  
pp. 139-147
Author(s):  
Lydia A. Terekhova
Keyword(s):  
Characteristic Feature ◽  
Civil Procedure ◽  
Independent System ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Rules Of Evidence ◽  
The Subject ◽  
Administrative Proceedings

The subject. The system of principles of legal proceedings is one of the indicators of the independence of the type of legal proceedings. The article analyzes the general and distinctive features of the principles enshrined in the Russian Civil Procedure Сode and the Code of Administrative Procedure. The purpose of the article is confirmation or confutation of the hypothesis that there is no independent system of principles of administrative proceedings that differs from the system of principles of civil proceedings. The methodology of the study includes the formal legal method, analysis, synthesis. The main results. All of the principles enshrined in the Code of Administrative Procedure are also enshrined in the Civil Procedure Code except some minor characteristics. So, the active role of the court, involving a number of exceptions to the usual rules of evidence, was also characteristic of the regulation of the consideration of cases arising from public legal relations in the Code of Civil Procedure. The court’s active actions to determine the subject of evidence, to recover evidence are general rules of evidence for all types of proceedings. These rules existed both before the adoption of the Code of Administrative Procedure and after it. But the specifics of the execution of judicial acts adopted in cases of administrative proceedings require special attention. A characteristic feature in the consideration and resolution of most administrative cases is the immediate execution of decisions enshrined directly in the Code of Administrative Procedure. Such a rule can be considered as a priority of immediate execution, which is a characteristic feature of administrative proceedings. The author doubts about the need for normative consolidation of the principles, as well as the need for a special list of principles of administrative legal proceedings in separate article of the procedural code. Conclusons. The absence of an independent system of administrative procedural principles confirms the thesis that administrative proceedings cannot be considered an independent branch of law separated from civil proceedings law. However, the priority of immediate execution of a court decision is a characteristic feature (perhaps even a principle) of administrative proceedings.

scholarly journals PERLINDUNGAN HUKUM TERHADAP CALON ADVOKAT YANG SEDANG MAGANG PADA KANTOR HUKUM BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT

2019 ◽  
Vol 6 (1) ◽  
pp. 1104-1124
Author(s):  
Martin Luter Ndaparoka
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Judicial Process ◽  
The Public ◽  
Procedure Code ◽  
Legal Position ◽  
The Subject ◽  
Legal Consequences

The subject matter of the study of the effect of the law on the judge's decision to ignore the litis contestatio in the criminal acts of corruption, with the problem of how the legal position of the indictment in the judicial process against a criminal act of corruption and what the legal consequences if the judge's decision on a crime occurred ignore litis contestatio. Approach of concepts and case approach, the following conclusions are obtained: Legal Status The indictment in a criminal case of corruption which is one of the most fundamental principles in the criminal process is the necessity of making an indictment and the judge may only decide on the basis of the facts, less or more. The indictment is viewed as litis contestation. The indictment is the basis for the judge in examining and adjudicating a criminal case and the Judge's Decision on a case involving STA in a criminal act of corruption in Judge Consideration based solely on facts in the hearing does not comply with the provisions of article 182 paragraph (4) of the Criminal Procedure Code, If the provisions of the articles charged by the Public Prosecutor are not legally and convincingly proven, the Judge shall award the decision or the vrijspraak as determined in Article 191 paragraph (1) of the Criminal Procedure Code, and if not in accordance with Article 197 paragraph (2) of the Criminal Procedure Code then the verdict will be null and void.

scholarly journals Błąd w klauzuli ostateczności

2020 ◽  
Vol 30 ◽  
pp. 330-345
Author(s):  
Karolina Wojciechowska ◽  
Keyword(s):  
Public Administration ◽  
Subject Matter ◽  
Case Law ◽  
Law And Literature ◽  
Official Document ◽  
Administrative Procedure ◽  
The Subject ◽  
Legal Consequences

The subject matter of the article is the finality clause of an administrative decision, precisely the situation where an error occurs in this clause at the date of finalisation. The form of the finality clause, although commonly used in the practice of public administration authorities, is not regulated in the Code of Administrative Procedure. It is classified in case law and literature as a substantive and technical activity, a type of certificate and on this basis the provisions of Chapter VII of the Code of Administrative Procedure concerning certificates apply to it accordingly. As an official document it benefits from the presumption that there are circumstances that allow to consider the decision as final. If there is an error at the date of the finality, then, in principle, the party that has complied with it should not suffer any negative legal consequences as a result of the authority’s action, since it acts in confidence in public administration authorities.

scholarly journals Locus/Forum Regit Actum – a Dual Principle in Transnational Criminal Matters

2019 ◽  
Vol 60 (2) ◽  
pp. 155-172
Author(s):  
Krisztina Karsai
Keyword(s):  
International Criminal ◽  
Binary Code ◽  
Legal Assistance ◽  
The European Union ◽  
Legal Remedies ◽  
The Subject ◽  
Criminal Matters ◽  
The Given ◽  
Legal Consequences ◽  
The Eu

AbstractThe aim of the paper is to introduce and analyse the binary code of the main principle applied in legal assistance procedures in international criminal matters – the locus regit actum and the forum regit actum sub-principles are characterized by different dynamics and have different legal consequences. While locus regit actum requires the application of the procedural rules of the state that has been addressed with the legal assistance request, the forum regit actum principle asks for application of the requesting state’s rules on the given procedure. The result of the legal assistance procedure is the evidence assumed to be used in the criminal procedure to be carried out in the requesting state. The different concepts have very distinguished consequences in the scope of admissibility of the evidence and regarding the legal remedies against obtaining the evidence. Within the European Union, the related developments show a double paradigm shift in this regard – the initial followed locus regit actum was abandoned in 2000 in favour of the forum regit actum, but then in 2017, the member states of the EU opted once again for locus regit actum with the new regime of the European Investigation Order. Finally, the paper highlights the main issues of the concept of the free movement of evidence and shares in addition to positive evaluation, criticism on the subject as well.

FUNCTIONING OF THE MENTAL DEFENSES IN THE CONDUCT OF INTERROGATION WITHIN THE CRIMINAL PROCESS

2018 ◽  
Vol 28 (6) ◽  
pp. 2161-2165
Author(s):  
Hristo Ivanov Popnikolov
Keyword(s):  
Objective Assessment ◽  
Critical Conditions ◽  
Criminal Process ◽  
External Influences ◽  
Administration Of Justice ◽  
Individual Protection ◽  
The Subject ◽  
The Individual ◽  
The Cost ◽  
Subjective Side

From the subject presented in the report it is evident that the pre-trial and the court bodies may, to some extent, be influenced both by the person of the accused and by his competence to participate in the criminal process. In this regard as an expert, the psychologist can offer invaluable assistance. Each expertise would assist all actors involved in the administration of justice on their objective assessment of the offenders, the understanding of their individual protection and the inherent self-justification during procedural actions. The involvement of psychologists in the criminal process is key to establishing the truth in the investigation, because every crime as an act has a subjective side, expressed in the psychic attitude of the perpetrator to the committed act. Establishing these psychological motives is a key point in the criminal process with a view to establishing the truth.Psychological protection stabilizes the personality in the critical conditions of counteraction, related to the elimination of the experiences of tension, anxiety, stress and frustration, leading to maximum mobilization of its resources and at the same time to their overpayment. Thus, the individual who is the subject of the process action is protected against the adverse external influences, but at the cost of a lot of effort and enormous loss of nervous-mental energy, which increases his own vulnerability instead of contributing to its reduction. The appearance and functioning of psychological protection can be significantly impeded by the interaction of the investigator with the accused. Even more complicated is the situation when it breaks the communication contact that may arise in the psychological alienation and self-isolation of the accused due to the desire to protect himself.Protective psychological dominance is a real psychic activity that investigators, investigators, investigators and judges need to take into account in order to effectively deal with their task and to overcome the resistance of the investigated persons and in a time to prove in a lawful and moral way their guilt and participation in the commitment of the crimes.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

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