scholarly journals Concepts, features and types of administrative procedures

2020 ◽  
Vol 77 (2) ◽  
pp. 64-68
Author(s):  
В. Ю. Кікінчук
Keyword(s):  
Civil Rights ◽  
Government Agencies ◽  
Administrative Procedure ◽  
Management Procedures ◽  
Decision Making System ◽  
Administrative Procedures ◽  
The Government ◽  
Administrative Proceedings ◽  
Functional Purpose

Administrative procedures that are in force in Ukraine have been analyzed; their concepts, features and types have been defined. It has been indicated that understanding the content and essence of administrative procedures is a kind of success in qualitative cognition of the entire system of administrative law. The semantics of the term of “administrative procedure” has been specified. It has been offered to understand it as the procedure of administrative proceedings determined by the current legislation of Ukraine. Administrative and judicial, management procedures have been characterized. It has been emphasized that administrative procedures by their functional purpose are inextricably linked with management activities, as well as with the exercise of power. The classification of administrative procedures by their nature, types and purpose has been offered. It has been noted that clearly defined administrative procedures will greatly help the government in establishing a regime of maximum assistance to government agencies and public associations. In this way, the government will be able to ensure the maintenance of the rule of law in Ukraine, which inevitably leads to increased efficiency of the entire state system. It has been stated that the norms that determine administrative procedures should become a reliable foundation for the positive legal activity of the subjects of power. The author has substantiated the conclusion that if the authorities comply with certain requirements for the content and form of administrative procedures (their clarity, unambiguity and focus on effective protection of human and civil rights, freedoms and interests), the possibility of introducing such a management and decision-making system there will be arbitrariness, corruption or inefficiency. To some extent, such actions will also contribute to the establishment of better interaction both between government agencies and between government and citizens. The author has provided recommendations, with the help of which it is possible to bring the functional purpose of administrative procedures to a fundamentally new level. It is also important to consider the current administrative procedures through the prism of their effectiveness in the changing realities of reforming national legislation.

scholarly journals DETERMINING INDIVIDUAL CATEGORIES OF ADMINISTRATIVE PROCEDURES FOR PUBLIC REGISTRATION OF CIVIL STATES WITH ACCOUNTING OF LEGISLATIVE TRANSFORMATIONS

2019 ◽  
pp. 170-173
Author(s):  
O. H. Pohrebniak
Keyword(s):  
Administrative Law ◽  
The Public ◽  
Administrative Procedure ◽  
Modern Development ◽  
The Status ◽  
Civil Status ◽  
Administrative Procedures ◽  
State Registration ◽  
Administrative Proceedings ◽  
Theoretical Developments

The article defines certain peculiarities of administrative proceedings of state registration of marriage and establishment of paternity in Ukraine. It has been established that the procedures for state registration of acts of civil status are types of administrative procedures, it should first be noted that the general normative act which should define the notions and peculiarities of such procedures should be the Law of Ukraine “On the administrative procedure” 2018, which at present time is a project and submitted to the VerkhovnaRada of Ukraine for consideration. As a rule, scholars agree that the administrative procedure is directly related to the activities of the public administration and is an established algorithm for the functioning of the subjects of power. In this case, the procedures for state registration of acts of civil status are no exception. They are a kind of administrative procedures and implemented by state authorities, and in certain cases, and by local self-government bodies. At the same time having its own peculiarities regarding the procedure for implementation and the subject structure of such procedures. It has been established that the modern development of domestic administrative legislation and the practice of its application testifies that at present the administrative procedure as an independent component of administrative law has not yet been fully formed, although, given the active theoretical developments of the representatives of the administrative and legal science on the pages of scientific, journalistic and educational publications concerning the concept, features, types and structure of administrative procedures, and referring to the active legislative development of this tyranny, it is safe to say that the process of the administrative procedure in the structure of administrative law is actively continuing. Therefore, on the basis of theoretical developments and practical features, the author’s understanding of the concept of “administrative procedure of state registration of acts of civil status” is determined. In addition, given the specific features of administrative proceedings for state registration of civil status acts, as well as for a more complete clarification of the status and authority of all participants in certain administrative procedures, the necessary additional introduction of the concept of “implementation of the administrative procedure” is argued. Such category will allow to find out the place, role and authority not only of the administrative body, but also other participants in administrative proceedings. Thus, under the implementation of an administrative procedure, it should be understood as the observance, execution, use and application of procedural steps directed at the consideration and resolution of an administrative case.

Final Report of the Attorney General's Committee on Administrative Procedure

1941 ◽  
Vol 35 (3) ◽  
pp. 501-506
Author(s):  
James Hart
Keyword(s):  
Attorney General ◽  
Final Report ◽  
The Public ◽  
Administrative Procedure ◽  
Private Interests ◽  
Public Hearings ◽  
Administrative Procedures ◽  
The Individual ◽  
Administrative Proceedings ◽  
Rule Making

What is undoubtedly the most thorough and comprehensive study ever made of Federal administrative procedure was completed with the submission to the Attorney General, in a letter dated January 22, 1941, of the final report of the Committee named. In its investigation and report, the Committee confined its attention to those Federal agencies that substantially affect private interests by their powers of rule-making and adjudication. To the study of their procedures, it assigned a staff of lawyer-investigators, which produced 27 mimeographed monographs, 13 of which have been printed as Sen. Doc. No. 186, 76th Cong., 3d Sess. In its interim report of January 31, 1940, the Committee thus described the methods being employed in the preparation of these monographic studies: “They have involved extended interviews with officials and employees of the agencies involved, with members of the public affected, and with attorneys who have represented clients before these agencies. Members of the Committee's staff have attended numerous hearings and other administrative proceedings as observers, and have closely examined the files of the agencies to discover the methods utilized in disposing of matters arising under the various statutes and regulations. Upon the completion of these investigations, the staff has prepared for the study of the Committee a preliminary report upon each agency, discussing in detail its administrative procedures. The report has been given to the officers of the affected agency for their consideration and comment. Thereafter, the full Committee has met with the agency's officers to discuss with them the facts and problems disclosed by the report.” (Final Report, pp. 254–255). The Committee held public hearings in June and July, 1940. In Chapter IX of its final report, it presents recommendations concerning a number of the individual agencies studied; and in Appendices B through M, it summarizes data collected on significant topics.

scholarly journals Changes in the conduct of administrative proceedings in the scope of cadaster database

2018 ◽  
Vol 55 ◽  
pp. 00007
Author(s):  
Ewa Sudoł
Keyword(s):  
Information System ◽  
Spatial Information ◽  
Point Of View ◽  
District Level ◽  
National Geographic ◽  
Government Administration ◽  
Administrative Procedure ◽  
State Register ◽  
Administrative Procedures ◽  
Administrative Proceedings

One of the components of the national spatial information infrastructure database (National Geographic Information System) at the district level is the records database of land and buildings. It is a state register that contains databases related to space and procedures and techniques for collecting, updating, processing and sharing information. A legal system regulating the procedures for keeping, updating and making available subject and object information included in the cadastres database is determined by the proper functioning of the land and buildings register (as part of the geodetic resource). The basis of department work in the field of keeping land and buildings records are primarily provisions of the Codex of Administrative Procedure of the Geodetic and Cartographic Law and regulations in the register of land and buildings. On 1 June 2017, a new Codex of Administrative Procedure came into force. In this paper have been presented the most important changes in conducting of administrative procedures in the field of geodesy at the district level after the aforementioned legal amendment. This paper touched the topics related to, among others, issued principle of resolving doubts in favor of the party (Article 7a), silent settlement of the case (Article 122a), administrative simplified proceedings (Chapter 14), appeal proceedings (Chapter 10). There have been presented examples of the most frequently conducted cases in the field of land and buildings registration in district country with particular emphasis on changes introduced by the latest legal amendments in connection with detailed regulations. The author focused on the logical interpretation of legal changes in order to show the problems connected with their application in practice (from the point of view of the proceedings and local government administration).

scholarly journals Mediator w postępowaniu administracyjnym

2019 ◽  
Vol 16 (1 (4)) ◽  
pp. 117-131
Author(s):  
Wiktor Trybka
Keyword(s):  
Civil Rights ◽  
Public Administration ◽  
Mediation Process ◽  
Applicable Law ◽  
The Public ◽  
Administrative Procedure ◽  
Case Files ◽  
Administrative Proceedings ◽  
The Right ◽  
Procedural Rights

Amending the Code of Administrative Procedure, the legislator decided to introduce the possibility of conducting mediation proceedings. A mediator may be a natural person who has full legal capacity and exercises full civil rights. The mediator’s role is to ensure the conduct of the mediation process. They have the responsibility to stimulate the initiative of the parties by means of appropriate mediation techniques, as well as to create an appropriate climate of conversation, based on mutual trust and respect. The mediator uses procedural rights, which include: the right to read the case files and the right to remuneration and reimbursement of expenses related to mediation. The Code of Administrative Procedure also imposes procedural obligations on the mediator: it must maintain impartiality in the conduct of mediation and draw up a report on mediation. Participants in the mediation are also parties of the administrative proceedings and a public administration body. The task of the public administration body is to determine whether the arrangements made by the parties with the participation of the mediator fall within the scope of the generally applicable law.

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 Comparative legal analysis types of administrative procedure

2020 ◽  
pp. 29-37
Author(s):  
O. Markova
Keyword(s):  
The United States ◽  
Legal Analysis ◽  
Administrative Procedure ◽  
Full Compliance ◽  
Foreign Countries ◽  
The Us ◽  
The Usa ◽  
Administrative Procedures ◽  
The Law ◽  
Administrative Proceedings

The author conducts a comparative legal study of the types of administrative procedure, using the experience of the United States, France and Poland in order to form a conceptual overview and a systematic approach to the typology of administrative procedure.The author monitors the procedural legislation of the above countries in order to consolidate the types of administrative procedure.In the course of research the author comes to conclusions, in particular: in the USA types of administrative procedure depend on type of rule-making. In accordance with the provisions of the US Federal Act “On Administrative Procedure” distinguish: formal rulemaking, informal, exclusive, hybrid and conciliatory. The approach of the Polish legislator to the types of administrative proceedings differs from the approach of the American legislator in a differentiated nature. The Code of Administrative Procedure reflects the general approach, as the types of proceedings presented in it cover the main activities of public administration bodies, and as for special – the legislator has provided for special regulation.In the legislation of many foreign countries, the general model of administrative procedure is fixed at the level of the Law or Code.As for the Ukrainian legislation, today, the Law “On Administrative Procedure” is absent, therefore, all procedures automatically become special. Details of various aspects of various types of administrative procedures take place both at the level of special laws and at the level of by-laws issued by other executive bodies. The list of these acts is so extensive and heterogeneous that there can be no question of the full compliance of the provisions embodied in them with each other. Moreover, such a variety obviously causes difficulties with the search for anapplicable norm for a private individual who is faced with a particular administrative procedure, and even for officials.The conducted comparative analysis of the species diversity of the administrative procedure will help us: firstly, to formulate a comprehensive vision and develop a unified approach, secondly, to rethink the conceptual framework within which the administrative procedure operates, and thirdly, it will provide an opportunity to introduce proposals into the project legislation.

scholarly journals REVIEW OF THE TEXTBOOK M. I. SMOKOVYCH, V. M. BEVZENKO «ADMINISTRATIVE PROCESS OF UKRAINE: THEORY, PRACTICE»

2021 ◽  
pp. 145-148
Author(s):  
O. I. Mykolenko
Keyword(s):  
Legal Regulation ◽  
Administrative Law ◽  
Administrative Process ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Administrative Proceedings ◽  
Functional Purpose

Administrative process is a legal phenomenon that causes discussion and controversy among representatives of administrative law and the process both in terms of determining its content, form and functional purpose in the system of legal proceedings, and in terms of subjects, principles and substantive jurisdiction. Thus, the ideas of Ukrainian scholars about the administrative process are not always related exclusively to the understanding and legal regulation of administrative proceedings, and therefore textbooks and manuals on the disciplines "Administrative Procedure" and "Administrative Procedural Law" differ significantly in content.

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.

scholarly journals Procedure to Making Decisions in Administrative Proceedings Under the General Administrative Procedure / Postupak do donošenja rješenja u upravnom postupku po zakonu o opštem upravnom postupku republike srpske

2015 ◽  
Vol 5 (5) ◽  
pp. 199
Author(s):  
Млађен Мандић ◽  
Наташа Слагало
Keyword(s):  
Test Procedure ◽  
Cost Effective ◽  
Paper Briefly ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
The Law ◽  
The Republic ◽  
Simplified Procedure ◽  
Special Examination ◽  
Administrative Proceedings

The paper analyzes the regulation of the institute of the test procedure, especially institutes simplified procedure, as well as administrative actions to the decision in the Law on Administrative Procedure of the Republic of Srpska. Specially processed actions authorized officials in this part of the administrative procedure, which can take place to resolve the administrative matter.Thus, first, in the preamble emphasizes the importance that arranging direct solving has to conduct efficient and cost-effective administrative procedures. In the central part of the shortened institutes and special examination procedures are analyzed in detail, with particular attention paid compared institute immediate resolution of the Institute a summary procedure .. In conclusion, the paper briefly discusses the work point out the basic problems and theses, and stresses the duty of officials and that when immediate resolution of protecting the rights of the parties.

Quality and speed of administrative decision-making proceedings: tension or balance? The case of Germany

elni Review ◽  
2014 ◽  
pp. 51-57
Author(s):  
Gerhard Roller
Keyword(s):  
Decision Making ◽  
Environmental Law ◽  
Competent Authority ◽  
Federal States ◽  
Administrative Procedure ◽  
German Federal States ◽  
Administrative Procedures ◽  
The Government ◽  
The One ◽  
The Impact

Measures have been taken to accelerate decision-making procedures in Germany since the beginning of the 1990s. The wellspring of these efforts was the need, on the one hand, to rapidly improve the infrastructure of the new German federal states (hereafter Länder) after reunification, and, on the other hand, to reduce what the government and industrial lobby groups considered the obstruction of administrative procedures to economic investment. This article first of all deals with the ambiguous relationship between speed and quality. The measures taken in order to expedite procedures are also analysed. Two types of measures can be distinguished here (with two further sub-types): Firstly, there are measures of a general scope, which are not specific to a certain sector of environmental law, but which concern administrative procedures as such. In this category two types of rules need to be differentiated: the rules governing the administrative procedure before the administrative act is delivered by the competent authority are laid down in the Administrative Procedures act (Verwaltungsverfahrensgesetz) and the rules governing the judicial review of these decisions before the courts are laid down in the German Administrative Courts Procedures Act (Verwaltungsgerichtsordnung). Secondly, measures have been taken to speed up infrastructure and licensing procedures in particular. They can generally be categorised as procedures under the German Federal Immission Control Act, which applies to industrial plants and procedures where a specific planning permit (Planfeststellung) is required. This is the case for all types of infrastructure projects such as airports, roads, landfills etc. Furthermore, this article deals with a complete shift of the “deregulation” paradigm in the year 2011. Finally, it addresses the impact on the quality of the decisions in terms of environmental protection and citizens’ rights.

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