scholarly journals FUNCTIONS OF MEASURES OF ENSURING A CLAIM IN ADMINISTRATIVE PROCEEDINGS

2021 ◽  
Vol 13 (3) ◽  
pp. 35-40
Author(s):  
Taras Tur ◽  
Keyword(s):  
System Analysis ◽  
Special Functions ◽  
Regulatory Control ◽  
Legal Norms ◽  
Administrative Procedure ◽  
The Supreme Court ◽  
Legitimate Interests ◽  
Administrative Proceedings ◽  
Judicial Protection

The functions of measures to ensure a claim in administrative proceedings are considered. Using the methodology of system analysis of legal phenomena, approaches to understanding the category of legal science "functions of ensuring an administrative claim" in the context of the implementation of guarantees for the protection of rights, freedoms and legitimate interests in administrative proceedings are described. At the general theoretical and methodological levels, the general and special functions of ensuring an administrative claim in the context of the Code of Administrative Procedure of Ukraine and the legal positions of the Supreme Court of Ukraine are distinguished and characterized. The general functions include system formation, information-oriented, security, goal setting, motivational, epistemological, educational, social control ones. The special functions of measures of ensuring the claim include such functions as guaranteeing judicial protection; ensuring compliance with the requirements of the administrative plaintiff; prevention of damage; restrictive; promoting effective judicial regulatory control; regulatory; compensatory; law enforcement; suspension of activity or action. The effectiveness of the legal norms regulating measures to ensure an administrative claim depends on the effectiveness and quality of the content. The criteria for the effectiveness and quality of the functions of ensuring an administrative claim include: validity, correctness, optimality, normativeness, mandatory nature, completeness, specificity. The study of the nature and process of implementation of the functions of measures to ensure a claim in the administrative proceedings allows to reveal in more detail their systemic and dynamic, structural qualities, role and place among other means of influence in resolving administrative disputes.

scholarly journals Application of measures to ensure the claim in administrative proceedings

2021 ◽  
Vol 66 ◽  
pp. 168-172
Author(s):  
Т. О. Tour
Keyword(s):  
System Analysis ◽  
Security Measures ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
Legitimate Interests ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection ◽  
Further Development

The article, based on the methodology of system analysis, considers the application of measures to ensure the claim in the administrative proceedings of Ukraine. Judicial protection includes various components, including procedures for reviewing decisions and actions or inaction of public authorities. The institute of securing a claim on an administrative claim, which was formed in administrative proceedings, is the result of a discussion on the formation of a European system of administrative justice in Ukraine. It is established that the mechanism of securing a lawsuit in an administrative lawsuit has a pronounced positive effect on achieving the key goal and objectives of administrative proceedings. This applies to ensuring legality and discipline in the system of public administration, elimination of violations by officials of public authorities. The applied mechanism promotes full realization of the right of subjects directly involved in public legal relations to judicial protection from illegal actions and decisions accepted by the public power and its officials, on realization of full and effective protection of the rights, freedoms and lawful interests of physical and legal persons. The institute of securing the claim can be considered as a logical conclusion of the procedure of establishing the public-law specialization of the procedural provision of the rights, freedoms and legitimate interests of the plaintiff. It is determined that the allocation of security of the claim as a special institution in the system of administrative proceedings is explained by the following factors: security measures, typical for the exercise of judicial power; the specifics of the legal environment, where the prerequisites for the existence of institutions of administrative law, for the emergence of public disputes, the further development of which occurs in the implementation of administrative powers of public authorities in relation to all other persons involved in administrative relations.

scholarly journals Judicial Protection of Individuals in an Administrative Procedure by Means of Administrative Proceedings

2021 ◽  
Vol 6 ◽  
pp. 34-41
Author(s):  
Aleksandr I. Stakhov ◽  
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Public Authorities ◽  
Administrative Process ◽  
Legal Norms ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
Judicial Protection

The article highlights and studies judicial protection of individuals and organizations (individuals) in the administrative process as a special way of implementing justice on the appeals of citizens and their associations for the protection of their rights, freedoms, and legitimate interests in the course of Executive (non-judicial) and judicial administrative processes from the perspective of an integrative understanding of the administrative process. Taking into account the direct effect of the norms of the Constitution of the Russian Federation, the legal basis for judicial protection of individuals in administrative proceedings consists of two components: 1) the constitutional basis for; 2) legal grounds. Conducted a comprehensive analysis of the legal norms that constitute the constitutional basis and a legislative basis for judicial protection of individuals in administrative process, in which: justified the constitutional right of individuals to protection in the administrative process through the administrative procedure; is General conclusion that the subject of this judicial protection are contested in courts decisions and actions (inaction) of administrativepublic bodies and officials; the author substantiates the allocation of administrative court cases on the protection of individuals in administrative proceedings, which are divided into separate categories depending on the nature of the legal consequences of disputed decisions, actions (inaction) of administrative and public authorities and officials, as well as the nature of the dispute being resolved. In accordance with art. 72 of the Constitution of the Russian Federation allocated administrative law and administrative procedural decisions and actions challenged in court, in administrative proceedings, is the typology that best reveals the current level of processualists administrative activities public administration, other administrative public authorities and administrative public officials operating in the Russian Federation, allows you to identify priority areas of optimization of administrative proceedings in cases of settlement of administrative law disputes.

THE HUMAN RIGHTS FUNCTION OF THE JUDICIARY IN ADMINISTRATIVE PROCEEDINGS: INSTITUTIONAL AND FUNCTIONAL ASPECTS

2021 ◽  
Vol 11 (2) ◽  
pp. 205-225
Author(s):  
V.V. MOVCHAN
Keyword(s):  
Human Rights ◽  
Judicial System ◽  
System Control ◽  
Judicial Process ◽  
Public Authorities ◽  
Legitimate Interests ◽  
Constitutional Right ◽  
Court Proceedings ◽  
Administrative Proceedings ◽  
Judicial Protection

The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.

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 Forms of consumer protection

2021 ◽  
Vol 59 (3) ◽  
pp. 227-267
Author(s):  
Dragan Vujisić ◽  
Milan Rapajić
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Administrative Procedure ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.

scholarly journals Tasks and functions of lawyer in administrative procedure.

2021 ◽  
Vol 3 (3) ◽  
pp. 191-197
Author(s):  
Alaskar Guseynli
Keyword(s):  
Legal Assistance ◽  
Administrative Procedure ◽  
Legitimate Interests ◽  
Administrative Proceedings

The purpose of the article is to define the tasks and functions of a lawyer in the process of his/her representation within the administrative procedure. The study was made using such methods as analysis, synthesis, comparison. It is concluded that a lawyer as a representative in administrative proceedings is a procedural person who performs legal actions within certain tasks, powers granted to him on behalf and in the interests of the person who entered into a contract with him to provide legal assistance to protect rights, freedoms and legitimate interests of the person he represents. Emphasis is placed on the peculiarities of the lawyer's activity in administrative proceedings and research of his functions and tasks in administrative proceedings. It has been noted that the list of lawyer's functions is not exhaustive. Representative and advisory functions are only the basis of a lawyer's activity in the field of administrative proceedings. Ancillary functions in the activities of a lawyer in administrative proceedings can be defined as functions such as preventive, restorative and protective ones. The author has concluded that a lawyer as a representative in administrative proceedings is a procedural person who performs legal actions within the powers granted to him on behalf and in the interests of the person who entered into a contract with him to provide legal assistance to protect the rights, freedoms and legitimate interests of the person. which he represents. The term «lawyer's task in administrative proceedings» should be defined as well-defined, clearly planned scope of work performed by a lawyer in administrative proceedings to protect, represent interests or provide other legal assistance to a client necessary to resolve an administrative case. For the professional solution of tasks in administrative proceedings the lawyer is endowed with the corresponding functions which are the basic directions of activity which are realized by it for protection, representation and rendering of other legal help to the client in administrative case.

scholarly journals Monitoring of the Legislative Innovations in the Field of Administrative Procedures in Ukraine

2019 ◽  
pp. 103-113
Author(s):  
Oleh Muza
Keyword(s):  
Legal Regulation ◽  
Judicial Control ◽  
Administrative Procedure ◽  
Private Person ◽  
Legitimate Interests ◽  
Administrative Procedures ◽  
Administrative Body ◽  
Systemic Problems ◽  
Administrative Proceedings ◽  
Discretionary Powers

In the article monitoring of the legislative innovations in the field of administrative procedures on the example of the draft of the Law «On Administrative Procedure» (No. 9456 from 28.12.2018) is done. Despite the existing regulations on the future fate of such drafts, it is important for scientists and public officers to understand the proposed innovations in the field of administrative procedures, given their novelty in comparison with the ideas expressed earlier. Here is given the modern understanding of the institute of administrative procedure: 1) administrative and procedural legal relations arise between a private person and a subject of public powers (mostly administrative body) on the initiative of a private person; 2) the category «administrative procedure» is a general legal phenomenon, which denotes different types of administrative legal relations, in which there is a need to apply elements of the legal process with the aim for comprehensive, full and fair protection of the rights, freedoms and legitimate interests of private persons; 3) the implementation of a particular type of administrative procedure is determined by a separate law or by-law; 4) the main purpose of carrying out the administrative procedure is to achieve the result, duly drawn up by the subject of public power, that is, to adopt an administrative act; 5) all legal disputes arising during or as a result of an administrative procedure shall be settled according to the rules of administrative legal proceedings. The particular attention is paid to three components of efficiency of legal regulation of administrative and procedure relations: 1) the questions of administrative law making during the administrative procedure; 2) the evaluation of procedural elements of the administrative procedure; 3) the amount of discretionary powers of the administrative bodies during the administrative procedures. The author admits that the draft does not take into account the systemic problems in the public administration of Ukraine and defines two forms of control over the lawfulness of the exercise of discretionary powers by administrative bodies – preliminary control by the administrative body and judicial control. Thus it is concluded that the legislative innovations in the field of administrative procedures have the risks of additional restrictions appearance for private persons in the unequal relations with administrative bodies. Declaring the prevailing role of the initiative of private persons in the occurrence of administrative and procedural relations, such initiative sides with the administrative body during the administrative proceedings.

scholarly journals The prosecutor's judicial protection of public interests in the use and protection of specially protected natural territories as a complex area of prosecutorial activity

2021 ◽  
Vol 27 (4) ◽  
pp. 192-197
Author(s):  
Svetlana V. Berdinskikh
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Complex Nature ◽  
Public Interests ◽  
Judicial Decisions ◽  
Theoretical Approaches ◽  
Administrative Proceedings ◽  
Judicial Protection ◽  
Specially Protected Natural Territories

The article deals with the topical issue of highlighting the complex direction of prosecutorial activity – the protection by the prosecutor in court of public interest in the use and protection of specially protected natural territories based on the scope of legal relations and the purpose of the activity. Taking into account the available theoretical approaches, the author proves that three criteria are basis for the allocation: 1) the complex nature of the legal regulation of the sphere of use and protection of specially protected natural territories; 2) the need to adopt a set of means of prosecutorial activity for violations of the regime of use and protection of specially protected natural territories in court; 3) the unity of the factual circumstances to be established in criminal, civil, arbitration, administrative cases, cases of administrative offences on the facts of violation of the regime of use and protection of specially protected natural territories, which in turn allows, firstly, the collected evidence to be used in criminal, civil, arbitration, administrative proceedings, in proceedings on administrative offences (respectively, unified approaches to collecting and fixing evidentiary information are required), secondly, the prejudice of judicial decisions. The allocation of an integrated direction makes it possible to improve the quality of the organisation and implementation of judicial protection of public interest in the use and protection of specially protected natural territories.

scholarly journals Administrative proceedings in Ukraine: formation and challenges

Legal Ukraine ◽  
2020 ◽  
pp. 13-22
Author(s):  
Mykhailo Smokovych
Keyword(s):  
Public Law ◽  
Practical Implementation ◽  
Conceptual Approach ◽  
Equal Distribution ◽  
The Rule Of Law ◽  
Administrative Procedure ◽  
The Supreme Court ◽  
Legislative Changes ◽  
Administrative Proceedings ◽  
Administrative Justice

The article is dedicated to the fifteenth anniversary of the adoption of the Code of Administrative Procedure of Ukraine. In the context of this significant event, the origins of the formation and development of administrative justice in Ukraine have been studied. Practice shows that the importance of administrative justice in the formation and development of Ukraine as a democratic, legal, social state is extraordinary. It was found that the conceptual approach in terms of the formation of administrative justice, which was originally laid down in the Concept of Judicial and Legal Reform in 1992, was later properly enshrined in the Code of Administrative Procedure of Ukraine in 2006. The essence of the concept is a fair, impartial and timely resolution of disputes in the field of public law by an administrative court in order to effectively protect the rights, freedoms and interests of individuals from violations by the subjects of power. The article analyzes the experience gained in administrative proceedings and highlights some problems of its practical implementation. It is determined that in order to timely resolve disputes in the field of state and legal relations, to ensure equal distribution of workload among judges of the Administrative Court of Cassation within the Supreme Court and to ensure effective protection of rights, freedoms and interests of individuals, rights and interests of legal entities from violations on the part of the subjects of power, it is necessary to make some changes to the legislation on the judiciary of Ukraine. The legislative changes defined in the article will positively affect the practical implementation of the principles of the rule of law and legality in the state mechanism. Key words: administrative proceedings, principle of specialization, specialized chambers, equality of legal opportunities of material and procedural nature.

scholarly journals INSTITUTE OF ADMINISTRATIVE CLAIM: CURRENT STATE AND DEVELOPMENT PROSPECTS

2021 ◽  
pp. 28-34
Author(s):  
O. H. Kostromina ◽  
H. O. Babenko
Keyword(s):  
Public Relations ◽  
System Analysis ◽  
Administrative Claims ◽  
Administrative Procedure ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Administrative Proceedings ◽  
The Right

An administrative claim is one of the main institutions of administrative justice. To understand the institution of an administrative claim as a complex legal structure covering the right of a person to apply to an administrative court with a request, it is necessary to clarify the concept, legal nature, types of administrative claim. The purpose of the article is the theoretical and legal characteristics of the categories of the institution of administrative proceedings, the definition of the concept, the definition of the essence and structure of an administrative claim, the criterion for its classification, making proposals aimed at improving the Code of Administrative Procedure of Ukraine. The methodological basis of the research is a combination of general scientific and special methods of cognition. The research is based on the dialectical method of scientific cognition of the phenomena of reality in their development and interrelation. The achievement of certain research objectives led to the use of such methods as: the historical and legal method – when analyzing claims in administrative proceedings, the system analysis method made it possible to consider an administrative claim as a single system with its own structure and dynamics of development. The methods of analysis and synthesis, structural-functional, synergetic and other methods were also used, which made it possible to comprehensively explore the problematic aspects of understanding the institution of administrative claims. An administrative claim is understood as a material claim of the plaintiff for the protection of rights, freedoms and interests in public law relations, addressed to an administrative court. Various approaches to the classification of administrative requirements depending on the content are described. The internal structure of the administrative claim is described, in connection with which the provisions of the legislation are analyzed. The substantive and procedural aspects of the claim are highlighted. Analyzes the legal requirements for an administrative claim. It is noted that within the framework of administrative legislation, in particular in the Code of Administrative Procedure of Ukraine, the types of administrative requirements are not directly defined. It has been established that at the scientific and theoretical level, the main criteria for the classification of administrative claims are: the subject of an administrative claim, a method of procedural protection, a method of achieving procedural goals, the nature of material legal relations. The main tasks that an administrative claim solves as a procedural means of protecting rights, freedoms and interests in the field of public relations are determined.

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