scholarly journals Mediation as an alternative way of considering and resolving public law disputes

2020 ◽  
Vol 4 (4) ◽  
pp. 161-167
Author(s):  
Anatoliy Berlach ◽  
Ulyana Izdebska
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Public Law ◽  
Power Development ◽  
Administrative Procedures ◽  
Mediation System ◽  
Administrative Proceedings ◽  
Mediation Processes ◽  
Theoretical Foundations ◽  
Difficult Cases

The work concerns the study of administrative and legal support of mediation as a method of resolving administrative disputes, analysis of the theoretical foundations of Ukraine in mediation, taking into account relevant foreign practice and methods of improving mediation and legal support in domestic administrative procedures. The paper reveals the origin of the mediation system, clarifies its essence, structure and characteristics of the mediation system and determines the legal basis of mediation as a means of resolving administrative disputes and types of mediation practices. As a result of this study, several proposals were made to improve existing legislation and law enforcement practices in the field of mediation as an alternative to conflict resolution. It has been stated that the clear introduction of one of the world models of mediation in the ad-ministrative process of Ukraine will contribute not only to achieving a balance of interests between indi-viduals, legal entities and subjects of power, development of partnerships, business relations between them, harmonization of public relations, but also development institute of mediation in general. Simultaneously with the introduction of mediation in the administrative process of Ukraine, it is necessary to establish legal liability for the mediator for violating the requirements of confidentiality. Thus, the improvement of mediation processes in the administrative proceedings of Ukraine plays an important role and needs further improvement, as mediation can greatly simplify the activities of courts and improve their work in difficult cases.

scholarly journals Peculiarities associated with police inquiry into administrative violations committed on the Internet

2020 ◽  
pp. 21-26
Author(s):  
Dmitrii Novgorodov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Police Officers ◽  
Case Law ◽  
The Internet ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Proceedings

The object of this research consists in public relations that form in the course of initiation of cases on administrative violations committed on the Internet as part of the duties of law enforcement agencies. The subject of this research is the federal legislation and departmental normative legal acts of the Russian Federation regulating the organization of work of different police units, as well as case law materials. Analysis is conducted on the national legislation, statistical data provided by the Ministry of Internal Affairs of the Russian Federation, case law on administrative violations that were committed on the Internet. Having analyzed the materials of cases on administrative violations committed on the Internet, the author concludes that the law enforcement agencies sometimes evade their official duties, and exercise functions not typical of their positions. For example, the district police officers monitor the Internet for prevention and identification of administrative offences in the area served by them; if evidence of an offence is detected, administrative proceedings are initiated. The author offers the ways for solving the indicated problem.

scholarly journals Procedural status of the prosecutor in legal proceedings to resolve public law disputes in the Republic of Tajikistan

2020 ◽  
Vol 11 (3) ◽  
pp. 705-717
Author(s):  
Nargis S. Muzafarova ◽  
◽  
Faridjon M. Davlatzoda ◽  
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Legal Status ◽  
Public Law ◽  
The Rule Of Law ◽  
Legal Proceedings ◽  
Procedure Code ◽  
Administrative Procedures ◽  
The Republic ◽  
Administrative Proceedings

This article analyses the procedural status and forms of prosecutor participation in legal proceedings in public law disputes in general jurisdiction courts and special economic jurisdiction in the Republic of Tajikistan. Problems, contradictions, and gaps are identified in the current procedural legislation of the Republic of Tajikistan, which regulates the procedure for resolving public law disputes. Moreover, the article highlights the new approaches of the national legislator in the Civil Procedure Code of the Republic of Tajikistan 2008, the Economic Procedure Code 2008; The Code of Administrative Procedures of the Republic of Tajikistan 2007 which regulates the legal status of a prosecutor in resolving public law disputes in civil, economic, and administrative proceedings. In all these procedural acts in this category of disputes, the prosecutor is defined as a person participating in the case, which implies his legal interest in the ruling. Based on the analysis of national legislation, the article reveals that the objectives of the prosecutor in cases arising from public law relations are to ensure the rule of law and public interest. The authors conclude that the procedural institute of the prosecutor, as a person participating in cases on the resolution of public law disputes, is not new. However, many issues related to the prosecutor in the Republic of Tajikistan remain unresolved. Based on the results of the analysis conducted, the article concludes that there is a necessity to improve legislation that manages the participation of the prosecutor in the consideration of public law disputes.

Administrative Procedure and Judicial Review in Ukraine

2021 ◽  
pp. 79-81
Author(s):  
Halyna Dovhan
Keyword(s):  
Public Relations ◽  
Judicial Review ◽  
Public Law ◽  
Administrative Procedure ◽  
Administrative Act ◽  
Administrative Courts ◽  
Administrative Proceedings ◽  
The Right

This chapter evaluates administrative procedure and judicial review in Ukraine. The Constitution of Ukraine provides that 'Administrative courts function in order to protect the rights, freedoms, and interests of a person in the sphere of public relations'. According to the Code of Administrative Proceedings (CAP), all persons have the right to bring a case before the administrative court if they consider that their rights, freedoms, or legal interests have been infringed by the decision, action, or inaction of the empowered authority. While the Constitution states that the jurisdiction of courts covers any legal dispute, the CAP entrusts administrative courts with jurisdiction over all public-law disputes. Absent a law on administrative procedure or administrative acts, in such cases the courts use the provisions of the special law that regulates the concrete sphere. They examine the administrative act or measure from the viewpoint of its conformity with the criteria set forth in the CAP. If the court finds that there has been a breach of fundamental standards of administrative propriety and fairness, it is entitled to quash the contested act or measure and also to award damages.

Algorithmic Governance by Online Intermediaries

2019 ◽  
Author(s):  
Niva Elkin-Koren ◽  
Maayan Perel
Keyword(s):  
Risk Management ◽  
Law Enforcement ◽  
Public Discourse ◽  
Critical Role ◽  
Public Law ◽  
Online Content ◽  
Private Ordering ◽  
Algorithmic Accountability ◽  
Copyright Enforcement

In recent years, there is a growing use of algorithmic law enforcement by online intermediaries. Algorithmic enforcement by private intermediaries is located at the interface between public law and private ordering. It often reflects risk management and commercial interests of online intermediaries, effectively converging law enforcement and adjudication powers, at the hands of a small number of mega platforms. At the same time, algorithmic governance also plays a critical role in shaping access to online content and facilitating public discourse. Yet, online intermediaries are hardly held accountable for algorithmic enforcement, even though they may reach erroneous decisions. Developing proper accountability mechanisms is hence vital to create a check on algorithmic enforcement. Accordingly, relying on lessons drawn from algorithmic copyright enforcement by online intermediaries, this chapter demonstrates the accountability deficiencies in algorithmic copyright enforcement; maps the barriers for algorithmic accountability and discusses various strategies for enhancing accountability in algorithmic governance.

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

Public Law Enforcement under Ambiguity

2020 ◽  
Author(s):  
Bertrand Chopard ◽  
Marie Obidzinski
Keyword(s):  
Law Enforcement ◽  
Public Law

scholarly journals The Category of Legal Reality in Modern Legal Science in Russia

2021 ◽  
pp. 007-015
Author(s):  
V. V. Bulgakov ◽  
◽  
D. V. Bulgakova ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Phenomena ◽  
Methodological Basis ◽  
Legal Science ◽  
Multi Stage ◽  
Science In Russia ◽  
Legal Space ◽  
Russian Law ◽  
The Individual

The term “legal reality” is rarely used in Russian law. In this regard, the relevance of the article is due to the importance of such a phenomenon as legal reality in the framework of lawmaking and law enforcement. The purpose of the article is to analyze the application of the concepts of “law” and “reality” in Russian law, as well as to investigate the category of legal reality in modern legal science in Russia, to reveal the essence of this phenomenon in its various aspects. The possibility of establishing the boundaries of legal reality has been investigated and its components and a way of comprehension have been determined. The methodological basis of the research is the dialectical method of cognizing social phenomena. It has been established that legal reality, being a certain legal space, a regulator of public relations, is a multi-stage pyramid, consisting of consciousness and perception of the individual, certain attitudes, thoughts, as well as the peculiarities of the interaction of state authorities with citizens. Based on the research carried out, the concept of “legal reality” is given.

scholarly journals Takzir sebagai Hukuman dalam Hukum Pidana Islam

2019 ◽  
Vol 21 (2) ◽  
pp. 255-272
Author(s):  
Usammah Usammah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
National Level ◽  
Public Law ◽  
Community Life ◽  
Positive Law ◽  
Sharia Law ◽  
Interesting Part ◽  
Western Law

Memformalisasikan syariat Islam baik dalam ranah kehidupan bermasyarakat dan sosial, dalam bernegara dan berbangsa tidak jarang terjadi perdebatan, baik perdebatan sosial-politik maupun keagamaan. Perdebatan itu di samping menyangkut memahami ajaran agama dan hubungannya dengan negara-bangsa, juga dalam memahami sistem hukum yang ada dalam negera, lebih-lebih bahwa negera menganut sistem hukum positif yang lebih banyak dipengaruhi oleh hukum barat. Gagasan pemberlakuan hukum pidana Islam tidak serta merta dapat dijalankan dengan baik tanpa adanya legislasi dan pembentukan hukum pidana Islam materil sebagai hukum positif yang berlaku. Juga bahwa hukum pidana Islam adalah hukum publik yang membutuhkan kekuasaan negara baik dalam pembentukannya maupun dalam penegakannya. Dalam hubungannya dengan legislasi dan pembentukan hukum (qanun syariat Islam), maka hal yang sangat menarik adalah bagaimana menentukan bentuk jarimah dan uqubatnya baik yang termasuk dalam kategori hudud, qisas, dan takzir sebagai bagian dari sistem penegakan hukum syariat Islam. Takzir as a Punishment in Islamic Criminal Law The formalizing of Islamic Sharia Law both in the realm of social and community life and also in the state and national level. This issue is frequently debatable, both in socio-political as well as in religious matter. The debate is not only about understanding religious teachings and their relationship with the nation, but also about understanding the legal system applicable in the country, especially the country which apply a positive legal system that influenced by western law. The idea of enforcing Islamic Criminal Law cannot be carried out properly without the existence of legislation and the establishment of Islamic Criminal Law as a positive law that enforced. In addition, Islamic Criminal Law is a public law that requires state power both in its formation and in its enforcement. In relation to legislation and the formation of law (Qanun Sharia), the very interesting part is how to determine the form of rahmah and uqubat both are included in the hudud, qisas and takzir categories as part of the Islamic Sharia law enforcement system.

scholarly journals Criminal Liability for Provoking Bribery

2021 ◽  
Vol 39 (69) ◽  
pp. 492-512
Author(s):  
Oksana Stepanenko ◽  
Andriy Stepanenko ◽  
Maryna Shepotko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Analytical Method ◽  
Criminal Liability ◽  
Law Enforcement Agencies ◽  
Distinctive Features ◽  
Historical Method ◽  
Legal Documents ◽  
New Challenges ◽  
Quantitative Indicators

In modern conditions of development of public relations complication of activity of law enforcement agencies is observed. This is due to new challenges in the law enforcement system, including the fight against high levels of the organization and the criminal professionalism of corrupt individuals. Because of this, it is challenging for operational units to identify specific facts of illegal actions with the help of operational and investigative measures. At the same time, the fight against crime by establishing high quantitative indicators of disclosure remains one of the principles of law enforcement in Ukraine, including sometimes deviating from those means established by law. Therefore, the problem of provoking bribery is relevant for scholars of the legislator and law enforcement. The object of the study is criminal liability for provoking bribery. The research methodology consists of such methods as the dialectical method, analytical method, historical method, method of analysis of legal documents, articles, and monographs, method of generalization, comparison, synthesis, and modeling method. The authors identified the features of such liability to clarify the problematic issues of qualification of provoking bribery, and to distinguish the distinctive features of prosecution from other types of crimes.

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