scholarly journals DETERMINATION OF ADMINISTRATIVE PROCEDURES FOR FORENSIC SCIENCE ACCREDITATION

2019 ◽  
Vol 19 (1) ◽  
pp. 173-190
Author(s):  
V. Khosha
Keyword(s):  
Accreditation Body ◽  
The State ◽  
National Standards ◽  
Conformity Assessment ◽  
Administrative Procedure ◽  
Forensic Institutions ◽  
Administrative Procedures ◽  
European Standards ◽  
Objective Basis ◽  
Assessment Activities

With the declaration of independence of Ukraine, a new stage of the state has begun, accompanied by radical changes in all areas of public life. A person, his life and health, honor and dignity, integrity and security are determined by the highest social value. Therefore, the main duty of the state proclaims the assertion and protection of human rights and freedoms, for which a whole mechanism is created and functioning, each of which elements performs separate tasks in order to achieve a common goal. Forensic institutions are part of the relevant system and contribute to the establishment of objective truth in cases of violation of law, the rights and freedoms of participants in the process through an objective and fair trial or an objective basis for evaluating the results of pre-trial investigation bodies. In addition to performing these tasks, forensic institutions in Ukraine have a number of necessary conditions for carrying out conformity assessment activities, and therefore, with some transformations of the management system, technical and other improvements to meet the requirements of national standards, harmonized with relevant international and European standards in the field of assessment compliance, state specialized agencies can be accredited for compliance with the requirements of the standard ISO/IEC 17025 (as well as ISO/IEC 17020) and carry out conformity assessment activities in a specific industry. The article is devoted to the definition of administrative procedures for the accreditation of forensic institutions of Ukraine. Attention is focused on understanding the essence of administrative procedure and their place in the process of accreditation of conformity assessment bodies. The author analyzes the scientific approaches to considering the classification of the category “administrative procedure”. According to the results of the study, it can be stated that the administrative procedures for the accreditation of forensic institutions of Ukraine characterizes the procedure for authorized entities (national accreditation body of Ukraine) to carry out legally significant actions, the totality of which constitutes the legal process of accreditation; procedural requirements for these entities.

scholarly journals INVENTORY OF STOCK LAND OF UKRAINE IN THE SYSTEM OF ADMINISTRATIVE PROCEDURES

2020 ◽  
Keyword(s):  
Land Use ◽  
Public Administration ◽  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Perspective Planning

The article is devoted to the analysis of the concept of "administrative procedure" in the mechanism of public management of the land use and protection of the reserve land of Ukraine and the concept of "inventory of reserve land" and its place in the system of administrative procedures. It is determined that one of the promising directions for ensuring the efficiency of the implementation of the system of administrative procedures in the field of natural resources is to intensify the implementation of the state inventory of the reserve lands, the priority use of which is determined by the need to solve strategic complex problems of the development of the Ukrainian state. The purpose of this study is to elucidate the problems of legal regulation of the administrative procedure of the state inventory of lands of the reserve of Ukraine. It is determined that among the features of the administrative procedure in the mechanism of public management in the field of land use and protection are the following: they are related to the activities of public administration bodies; regulated by administrative and legal norms; ensure the consistency of actions that the subject of these relationships must take; their purpose is to ensure the exercise of the rights or obligations of a particular legal entity; applied to resolve a specific issue; entities are public authorities, local self-government bodies and their officials and officials natural and legal persons; entails the onset of external consequences; are completed by the adoption of the relevant administrative act, which is binding. The author investigates organizational and legal prerequisites for land inventory. It is concluded that the administrative procedure of the state inventory of the land of the reserve is the activity of public administration bodies, regulated by administrative norms, which provides for the collection and analysis of the information about the object of inventory and their entry in the State Land Cadastre of Ukraine in order to facilitate the effective use of the state land fund and sale interest. In the course of the conducted research it is determined that the state inventory of the land fund of Ukraine will allow to prevent violations of the land legislation and to ensure effective management of land resources, to carry out perspective planning of their use.

CONCEPTUAL PRINCIPLES OF ADMINISTRATIVE PROCEDURES FOR THE FORMATION OF THE STATE DEFENSE ORDER

2018 ◽  
Author(s):  
Vladyslav Povydysh ◽  
Keyword(s):  
The State ◽  
Scientific Development ◽  
Legal Regime ◽  
Normal Functioning ◽  
Basic Principles ◽  
Defense Procurement ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Definition Of ◽  
State Defense

The author proposed his own definition of the legal regime of relations in the field of formation of the state defense order. At the same time, based on modern doctrinal views on the assessment of the purpose of the basic structures of defense procurement, which are determined by the specifics of these relations, attention is focused on the need for administrative and legal influence on them, but within strictly limited limits. Analyzing a number of legislative acts, doctrinal achievements of leading scientists, making their own author's interpretation of some phenomena, the author found that the current legislation of Ukraine is insufficiently filled with sectoral rules of administrative procedure for forming the state defense order, as evidenced by the lack of procedures defense procurement. In addition, the legislation does not define certain administrative barriers to the procedures, which puts the state customers in a priority position before the general executor, which is a negative factor given the "service" orientation of Ukraine's development. The author found insufficient scientific development in terms of understanding, interpretation and explanation of the concept of "administrative procedure". A complete and extensive understanding of this area was provided, and the author's understanding of the administrative procedure was provided. An explanation of the administrative procedure for forming a defense order is also provided. In addition, the conceptual principles of the administrative procedure of defense order formation were studied, the zones of their interaction and interdependence were established, each of the basic principles was explained and their implementation incomplete to date in Ukraine was proved. In addition, the author found that the legislator rarely manages to ensure the optimal combination of multidisciplinary norms. As a result, there are such negative trends as ineffective regulation, the formation of destructive legal mechanisms that hinder the normal functioning of legal relations. These trends are fully inherent in the sphere of state defense procurement.

scholarly journals GENERAL CHARACTERISTICS OF THE FORMATION OF PREREQUISITES FOR THE FORMATION OF REGULATORY AND LEGAL REGULATION OF ADMINISTRATIVE PROCEDURES FOR THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES AS A DIRECTION OF REALIZATION OF THE SOCIAL FUNCTION

2020 ◽  
Vol 1 (9) ◽  
pp. 121-125
Author(s):  
Iryna Tkachenko ◽  
◽  
Keyword(s):  
Law Enforcement ◽  
Social Function ◽  
Legal Regulation ◽  
The State ◽  
Persons With Disabilities ◽  
Administrative Services ◽  
Administrative Procedure ◽  
The Social ◽  
Wide Range ◽  
Administrative Procedures

The articles analyze the essence of the concept of "administrative procedure", defined by its features and the degree of detail in national legislation. It is determined that the issues of the institute of administrative implementation and administrative procedure were devoted to a wide range of domestic scientists. The concept of "administrative procedure" and its identification with compatible concepts are analyzed. Certain features of administrative procedures for the protection of the rights of persons with disabilities as a direction of realization of the social function of the state are singled out. It is determined that through the whole system of administrative procedures for the protection of the rights of persons with disabilities as a direction of realization of the social function of the state can be classified according to various criteria, namely: 1) for the time (duration) of legal relations: one-time; temporary (short-term); permanent; periodic; 2) by stages in the system of legal relations of administrative services are consistently divided into: acquisition (appointment) of disability; provision of administrative services in the field of protection of the rights of persons with disabilities; termination (deprivation) of the status of a person with a disability; 3) with the exception of the competence to implement the administrative procedure: separate competence of the Ministry of Social Policy of Ukraine; exclusive competence of bodies in the field of social protection of oblast, Kyiv city state administration and the Autonomous Republic; exclusive competence of profile subdivisions and their officials as a part of local public authorities (district state administrations, united territorial communities); 4) for several subjects from among public administration bodies: administrative procedures that belong to the competence of one law enforcement body; administrative procedures falling within the competence of two or more law enforcement agencies.

scholarly journals PUBLIC ADMINISTRATION INSTRUMENTS FOR OF ACQUISITION OF THE RIGHT TO PROVIDE ELECTRONIC TRUST SERVICES

2019 ◽  
pp. 5-9
Author(s):  
N. Bilotserkovets
Keyword(s):  
Public Administration ◽  
The State ◽  
The European Union ◽  
Administrative Procedure ◽  
Legal Method ◽  
The Status ◽  
National Bank ◽  
Administrative Procedures ◽  
The Right ◽  
Regulatory Powers

The purpose of the article is to analyse the peculiarities of the use of public administration instruments for the acquisition of the status of qualified electronic trust services providers by private individuals, as well as to identify the shortcomings of these instruments application by public administration bodies. The author aims to develop proposals for bringing relative administrative procedures in accordance with the acquis communautaire. The author applies methods and techniques of logic. Thus, the method of analysis is used to identify those tools that are used specifically in the legal relationship for providing electronic trust services. The author also uses the comparative legal method to analyse the foreign experience of using public administration tools during administrative procedures for obtaining the right to provide trust services. The results of the study gives a possibility to outline the system of public administration tools used in the area of the acquisition by legal entities the right to provide the qualified electronic trusted services. Among such tools, the author identifies administrative acts, administrative contracts and acts of commission. It has also been established that the Ministry of Justice of Ukraine and the National Bank of Ukraine as the national regulatory bodies in this sphere are entitled to make decisions on the registration of a person in the Trustee list. Whereas certain technical powers in this administrative procedure are assigned to the State Service for Special Communications and Information Protection of Ukraine. The author comes to a conclusion that the system of public administration institutions in the area of providing trust services in Ukraine doesn't comply with the principles of constructing a system of such entities in the European Union. The author proposes to implement institutional and functional reforms through depriving the Ministry Justice of Ukraine and the National Bank of Ukraine of their regulatory powers for the adoption of administrative acts aimed at the execution of a private person's right to provide electronic trust services and delegating these powers exclusively to the State Special Communications Service of Ukraine.

ADMINISTRATIVE REGULATIONS OF STATE FUNCTIONS AT THE PRESENT STAGE: DYNAMICS OF CHANGES IN THE APPROACH TO THE CONCEPT AND VARIETIES AT THE LEGAL REGULATORY

2021 ◽  
Vol 14 (6) ◽  
pp. 137-141
Author(s):  
ROMAN ZELEPUKIN ◽  
Keyword(s):  
Public Administration ◽  
Administrative Reform ◽  
The State ◽  
Present Stage ◽  
Logical Connection ◽  
Administrative Procedures ◽  
Continuous Activities ◽  
And Function ◽  
And Control ◽  
State Functions

In this article the author analyses the development of administrative regulations in the system of modern public administration. The state of administrative regulations and their institutionalisation as a result of the administrative reform is noted. It has been identified and found that there has now been a change in the approach to the delineation of the administrative regulations of the executive authorities - before 2018, administrative regulations were divided into service regulations and function regulations, where service regulations are related to requests by private persons to the state represented by its bodies and officials - and function regulations are related to the implementation of continuous activities to perform assigned powers and exercise the established competence, after 2018, administrative regulations are divided into service regulations and control (supervision) regulations. According to the author, the established approach has allowed the above varieties of regulations to be merged into such a group of types of administrative regulations as administrative regulations for the implementation of state functions. Also the author concludes that it is necessary to adopt a special legislative act systemising the functions of the executive authorities and the administrative procedures they carry out in a single logical connection.

scholarly journals Legal Measures of State Care for the Family in the Republic of Belarus in the Forms of Family Protection and Marriage Strengthening

2021 ◽  
pp. 045-053
Author(s):  
M. V. Andryiashka ◽  
Keyword(s):  
Statistical Data ◽  
Additional Term ◽  
Marriage And Family ◽  
National Legislation ◽  
Administrative Procedure ◽  
The Family ◽  
Administrative Procedures ◽  
The Republic

The article analyzes individual measures aimed at protecting and strengthening the institutions of marriage and family in the Republic of Belarus, in particular, the establishment of a differentiated rate of state duty charged for divorce in both judicial and administrative procedures, as well as the provision of basic and additional term for divorcing spouses to take reconciliation measures. The article is based both on the norms of international legal acts and their interpretation by the authorized bodies, as well as on the norms of the national legislation of the Republic of Belarus and current statistical data. The article draws a number of conclusions: on the non-uniform application of security terminology in relation to the institutions of marriage and family; on the irrational approach to setting the rates of state fees charged for divorce in an administrative procedure; on unnecessary administrative barriers in the form of a two-month term for registration of a divorce in administrative procedure.

scholarly journals Jurisdiction of state administration in the procedure of issuing travel documents

2011 ◽  
pp. 241-258
Author(s):  
Zoran Loncar
Keyword(s):  
The State ◽  
Foreign Affairs ◽  
Freedom Of Movement ◽  
Exclusive Jurisdiction ◽  
State Administration ◽  
Administrative Procedures ◽  
Internal Affairs ◽  
The Republic ◽  
The Government

Under the new law on travel documents, in addition to authority that has the Government of Serbia, in terms of issuing travel documents and a shared competence between the Ministry of Internal Affairs and the Ministry of Foreign Affairs depending on the type of travel document in question. Ministry of Foreign Affairs is authorized to issue a diplomatic passport, official passport and travel document, while all other travel documents are issued by the Ministry of Internal Affairs. When it comes to the passport as the most important travel document the jurisdiction of the Ministry of Internal Affairs is fully established. Diplomatic and Consular Missions of the Republic of Serbia abroad can now only receive requests for passport, but the issuance of travel documents of this type is exclusive jurisdiction of the Ministry of Internal Affairs. Such jurisdiction of the state administration in the process of issuing travel documents, along with other novelties which significantly modernize this kind of special administrative procedures should in practice very quickly enable the efficient issuance of travel documents, thus achieving the complete freedom of movement as one of the rights guaranteed by the Constitution to the citizens of the Republic of Serbia.

scholarly journals ADMINISTRATIVE PROCEDURE FOR THE PROVISION OF ELECTRONIC SERVICES IN THE FORM OF A DECLARATION (NOTIFICATION) BY PHYSICAL PERSONS TO THE STATE ARCHITECTURAL AND CONSTRUCTION INSPECTION

2019 ◽  
pp. 74-77
Author(s):  
A. R. Ishkhanian
Keyword(s):  
Digital Signature ◽  
Software Package ◽  
The State ◽  
Scientific Article ◽  
Administrative Procedure ◽  
Electronic Service ◽  
Service Consumer ◽  
Construction Inspection ◽  
The Moment

The scientific article is devoted to the coverage of the administrative procedure for providing electronic services by the State Architectural and Construction Inspectorate of Ukraine. Different approaches to the concept of administrative procedure in terms of e-services provision are discussed. The stages of the procedure of providing electronic service in the form of submission of a declaration (notification) by individuals are characterized. It is established that before commencing the process of submission of the declaration (message), the service consumer must have a personal key and a valid enhanced certificate, which will be used during the submission process to affix an electronic digital signature to the form with the declaration (message). You can obtain enhanced key certificates at an accredited key certification center. Thus, at the moment the service supports certificates issued by the certification center of the information and reference department of the Ministry of Revenue and Collections of Ukraine. Install a Java computing software package on your computer and enable JavaScript scripts to run in your browser. Please note that detailed Java installation instructions are available at http://java.com/download/installed.jsp. You can download Java directly for Windows from http://www.java.com/download/windows_xpi.jsp. How to enable JavaScript scripts in your browser (http://www.enable-javascript.com/en/). It is concluded that the procedure of providing the service in electronic form, for example, the submission of a declaration (notification) by the state architectural and construction inspection of Ukraine is regulated in detail on the official website and still needs to improve the quality of the provision of these services in the form of simplification and accessibility for all consumers services.

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.

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