scholarly journals Implementation of Registration Actions as Manifestation of the Legal Form of Public Administration

2020 ◽  
Vol 89 (2) ◽  
pp. 227-238
Author(s):  
V. I. Teremetskyi ◽  
Y. V. Zhuravel
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Point Of View ◽  
Legal Form ◽  
Administrative Services ◽  
Legal Personality ◽  
Stage Of Development ◽  
Legal Nature ◽  
The Subject ◽  
Legal Forms

The issue of carrying out registration actions as a manifestation of the legal form of public administration at the present stage of development of national practice has been analyzed. The level of scientific developments in this area has been clarified and the lack of a unified approach to determining the implementation of registration actions in the context of the realization of legal forms by public administration entities has been emphasized, which leads to difficulties in law-enforcement. It has been concluded that the implementation of registration actions as a manifestation of the legal form of public administration involves official recognition of a certain fact by the state certifying that has legal consequences, and / or in order to ensure the exercise of certain rights by individuals. It has been found out that the result of these actions is the act – the expression of the will of the subject of public administration (decision) or registration actions. It has been substantiated that legal and preventive control is carried out during registration actions, where the subject of public administration has the right to check the scope of legal personality and their behavior of the subjects who applied for registration actions. The implementation of registration actions in the context of providing administrative services with different content and public legal nature has been studied. The issues of the nature of legal relations formed during the implementation of registration actions between the recipients of relevant administrative services and public administration entities have been studied. The author has emphasized problematic issues of delimitation of jurisdictions during the resolution of disputes by courts, which arise during the provision of administrative services for the implementation of registration actions. It has been concluded that relations arising during the implementation of registration actions between the subjects of public administration from the point of view of legal protection of the recipient of the relevant administrative service, may be of private or public legal nature.

scholarly journals Methods of Administrative and Legal Protection of Tax Relations: Theoretical and Legal Study

2019 ◽  
Vol 75 (4) ◽  
pp. 53-58
Author(s):  
K. S. Rohozinnikova
Keyword(s):  
Public Administration ◽  
Open Data ◽  
Legal Protection ◽  
Data Sets ◽  
Administrative Services ◽  
The Public ◽  
The Subject ◽  
State Coercion ◽  
The Relationship ◽  
Functional Purpose

The author of the article has provided the results of the analysis of the methods of administrative and legal protection taking into account the changes within the relations between public administration and taxpayers and the course chosen by the state for liberalization of tax relations. The place of the concept of the methods of administrative and legal protection in the term system of the science of administrative law and their dialectical relations with the methods of public administration and administrative activity has been established. The author has indicated generic and specific features of the methods of administrative and legal protection of tax relations, where the latter will depend on the peculiarities of the means and methods of influence used by the public administration for the purpose of exercising security functions. The system of methods of administrative and legal protection of tax relations has been offered to form from three elements: general methods of administrative activity (persuasion and coercion), service tools of influence (provision of administrative services, creation of electronic services and publication of open data sets) and organizational methods. The expediency of distinguishing service means of influence into a separate group of methods of administrative and legal protection has been proved. It is conditioned by their special functional purpose – creation of conditions for independent prevention of possible breach of protected relations by the taxpayer. The role and correlation of persuasion and coercion in the system of methods of administrative and legal protection of tax relations have been clarified. Despite the presented importance of the persuasion within the relationship between the controlling agencies and the taxpayers, it has been stated that state coercion remains the main mean of administrative and legal protection of tax relations. Particular attention has been paid on the need to reconsider the correlation of tax and administrative coercion within tax relations. It has been proved that the basis of their delimitation should be not the branch of legislation, where the authority to apply the appropriate measure is assigned, but the essential criterion and the subject matter of regulation (influence) – relations arising from incomplete calculation and late and incomplete payment of taxes and fees, or relationships related to the organization and enforcement of tax responsibilities and the proper exercise by the supervisory authorities of their powers. It has been emphasized that tax coercion, unlike administrative, performs both punitive and compensatory functions.

scholarly journals RELATIONSHIP OF CONCEPTS LEGAL PROTECTION AND PROTECTION OF RIGHTS IN SCIENTIFIC DISCOURSE

2021 ◽  
pp. 8-11
Author(s):  
Ya. Babych ◽  
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Point Of View ◽  
Theoretical Research ◽  
Scientific Schools ◽  
Legal Nature ◽  
Universal Approach ◽  
The Subject ◽  
Definition Of ◽  
Relationship Of

The article addresses the understanding of the legal categories "legal protection" and "protection of rights". The legal nature and content of these definitions are analyzed. Particular attention is paid to the characteristics of these definitions in scientific international and domestic doctrines. The positions of five different scientific schools on the understanding of these concepts are considered. The first cohort of scientists adheres to the views according to which such definitions are analyzed as interaction of whole and part. The second group of scholars identifies the concepts of "legal protection" and "protection of rights". The third point of view on the specified theoretical problems, consists of the delimitation of the outlined definitions. The fourth constellation of scholars reveals the analyzed categories through the prism of individual branches of law, taking into account the subject and method of legal regulation of each area. The universal approach distinguishes between the concepts of "legal protection" and "protection of rights" and considers them as different, but at the same time absolutely full-fledged legal categories. It is substantiated that the latter has normative and applied significance and is effectively used by the international community both at the doctrinal and legislative levels. On the basis of the conducted theoretical research the independent scientific conclusions and judgments on the analyzed subjects are offered, in particular the author's definition of definition "legal protection" is given. In addition, the main features inherent in the above categories are highlighted. Particular attention is paid to the need of highlighting the preventive component of the concept of "legal protection", which is particularly important within this category.

scholarly journals Administrative services in the sphere of economic competition

2021 ◽  
Vol 66 ◽  
pp. 147-153
Author(s):  
V.O. Kozhevnikov
Keyword(s):  
Public Administration ◽  
Public Services ◽  
Economic Competition ◽  
Administrative Services ◽  
Administrative Service ◽  
Service Activities ◽  
The Subject ◽  
Administrative Act ◽  
The Law ◽  
Business Entities

The article considers the issues of administrative services provided by the bodies of the Antimonopoly Committee of Ukraine and other bodies of public administration in the field of application of the legislation on protection of economic competition. The range of subjects of public services in the field of application of the legislation on protection of economic competition to which it is offered to carry bodies of the Antimonopoly committee of Ukraine, the Cabinet of Ministers of Ukraine and the Ministry of Economy of Ukraine is defined. The list of services provided by the Antimonopoly Committee of Ukraine is determined. These include: 1) granting permission for concentration; 2) granting permission to coordinate actions; 3) issuance of additional copies of certified copies of decisions on issues provided for in part two of Article 34 of the Law of Ukraine "On Protection of Economic Competition"; 4) preliminary conclusions on the qualification of actions (Article 14 of the Law of Ukraine "On Protection of Economic Competition"); 5) preliminary conclusions on concentration, concerted actions. It is proposed to extend the provisions of the Law of Ukraine "On Administrative Services" to services provided by the Antimonopoly Committee of Ukraine insofar as it does not contradict the legislation on protection of economic competition. Proposals have been developed to amend the Regulations on the procedure for submitting applications to the Antimonopoly Committee of Ukraine for prior obtaining a permit for concentration of economic entities in terms of clarifying the subjects of application for a concentration permit. Administrative services of the Antimonopoly Committee of Ukraine are service activities of the Antimonopoly Committee of Ukraine defined by normative legal acts aimed at meeting the private needs (interests) of business entities in the field of legal relations arising in connection with the application of legislation on protection of economic competition. related to the protection of their legitimate rights and interests). The administrative service of the bodies of the Antimonopoly Committee of Ukraine is provided exclusively on the basis of the application of the relevant business entity. Based on the results of the administrative service, the Antimonopoly Committee of Ukraine provides the subject of the application with an administrative act (permit) or a document.

scholarly journals Scientific methods of public administration in migration research

2020 ◽  
Vol 68 (2) ◽  
pp. 109-122
Author(s):  
András László Szabó
Keyword(s):  
Public Administration ◽  
Research Methods ◽  
Methodological Approach ◽  
Point Of View ◽  
Scientific Methods ◽  
Migration Research ◽  
Independent Field ◽  
The Subject ◽  
The Given ◽  
Insight Into

In my study, I list the directions of migration research, all from the point of view of public administration science. The emergence of migration research as an independent field is necessitated by the growth of migration. Researchers are researching the phenomenon of migration from their own field. Public administration uses a multidisciplinary, i.e. methodological approach of several disciplines, all of which is determined by the knowledge and nature of the subject of the given research. In the following, I review and evaluate the methodological directions of the research, which can provide an answer to a segment of the phenomenon of migration. The study gives an insight into research methods for migration research. It is not intended to present specific examples and procedures. At the end of the study, in possible directions, beyond the science of public administration, I list the organizations and faculties that are able to use the methodology of migration research.

Legal Protection of Aero-Medical Evacuation in War-Time

1966 ◽  
Vol 6 (64) ◽  
pp. 343-361
Author(s):  
E. Evrard
Keyword(s):  
International Law ◽  
Recent Article ◽  
Legal Protection ◽  
International Committee ◽  
Point Of View ◽  
Red Cross ◽  
Air Ambulances ◽  
Medical Evacuation ◽  
The Subject

The International Committee of the Red Cross is aware that international law gives inadequate protection to aircraft used for medical evacuation. It considers that the subject is one which calls for further study and therefore takes pleasure in reproducing in the following pages a translation of important extracts of a recent article on legal protection for aircraft used as air-ambulances in time of war. This article is of particular interest, coming from Dr. Evrard who, being a flyer, can look at the problem from a practical as well as a legal point of view.

scholarly journals Category «public service» as a scientific research object

2018 ◽  
Vol 6 (4) ◽  
pp. 14-19
Author(s):  
T. V. Serohina
Keyword(s):  
Public Service ◽  
Social Life ◽  
Public Services ◽  
Point Of View ◽  
Legal Person ◽  
Management Service ◽  
Public Authorities ◽  
Administrative Services ◽  
The Subject ◽  
The Law

The article is devoted to the study of the development of the concept of «public service» in an independent Ukraine. It was found out that since the beginning the concept of «management service» is one of the most widespread. From a legal point of view, a management service is the creation of organizational conditions for the realization of the right by a citizen or another subject of administrative-legal relations. Instead from the point of view of public administration, «management service» is a result of the functional activity of the state body in the development and implementation of state policy on the regulation of a particular sector of the economy or social life. It was established that in addition was used concepts of the similar content, which amplified the terminological uncertainty. As a result, an approach has been developed in which the services of public authorities are divided into four groups: state, municipal, administrative and public. In this approach, public services are divided into state and municipal, depending on the subject of the service, administrative services are provided both by executive authorities and local self-government. The only kind of public services found in the regulatory framework is administrative services. In the Law of Ukraine «On Administrative Services», the term administrative service is used as a result of exercising power by the subject of the providing of administrative services on the application of a natural or legal person, aimed at acquiring, changing or terminating the rights and / or duties of such person in accordance with the law. The process of formation, the concept of «public services» in independent Ukraine can be divided into four stages, the first of which is the stage of domination in the national scientific thought of the concept of «management services». The second stage is the division of services into separate groups - state, municipal, administrative, and all of these groups belong to one group of public services. The third stage (ongoing to date) is characterized by the consolidation and final formulation of the term «public services» as the basic concept of the system of providing services by public authorities. The fourth stage can only be predicted, nevertheless, it is essentially a logical continuation of these three stages, when the legal fixing of the concept takes place.

scholarly journals The nature of the industrial enterprise

2021 ◽  
pp. 11-48
Author(s):  
Dariusz Nowak ◽  
Iskra Panteleeva
Keyword(s):  
Production Process ◽  
Industrial Enterprise ◽  
Basic Information ◽  
Legal Form ◽  
Original Equipment Manufacturer ◽  
Legal Personality ◽  
Equipment Manufacturer ◽  
Production Type ◽  
The Subject ◽  
Consumer Marketing

This chapter presents basic information about the nature and essence of the enterprise. The first subchapter shows both the well-known and less popular definitions of an enterprise and an industrial enterprise. They have been shown through the prism of various approaches, including definitions from various countries. The second part discusses the features of an industrial enterprise, with particular emphasis on: organizational separateness, economic separateness, legal separateness (legal personality), territorial separateness and technical and production separateness. The next part focuses on the goals and tasks of an industrial enterprise, with particular emphasis on the way they are formulated. Both strategic, tactical and operational goals were discussed. The subject of the considerations in the fourth part were the functions of an industrial enterprise, including a detailed description of the production, technical, organizational and personnel functions. The division of enterprises according to various criteria is presented in the next section. It focuses on such criteria as business profile, the size of the enterprise, form of ownership, production type, type of production process and market legal form. The last part discusses the market on which an industrial enterprise operates. Its features were presented, as well as the type of industrial products, types of customers and differences between industrial and consumer marketing. Particular attention was also paid to OEM (Original Equipment Manufacturer) and MRO (Maintenance Repair and Overhaul).

scholarly journals Normatywne ujęcie czynności operacyjno-rozpoznawczych w aspekcie dowodu nielegalnego

2021 ◽  
Vol 13 (24) ◽  
pp. 333-350
Author(s):  
Norbert Nowicki
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Roles And Responsibilities ◽  
Legal Nature ◽  
The Subject ◽  
Covert Activity ◽  
Effective Use ◽  
Illegal Evidence ◽  
Operational Methods ◽  
Practical Dimension

Zagadnienia omawiane w niniejszym artykule dotyczą statusu normatywnego czynności operacyjno-rozpoznawczych w kontekście ustawy o Policji oraz kodeksu postępowania karnego. Podjęto próbę wskazania warunków, które rzutują na legalny charakter inwigilacji, a co za tym idzie – na skuteczne wykorzystanie materiału operacyjnego w procesie karnym. W tym celu scharakteryzowano niejawną aktywność Policji, wyszczególniając dopuszczalne metody operacyjne oraz definiując czynności operacyjno-rozpoznawcze w świetle literatury przedmiotu. Aby w pełni zobrazować problematykę poruszoną w artykule, przeanalizowano relację prawną między dowodem nielegalnym, o którym mowa w art. 168a kpk, a dowodem z czynności operacyjno-rozpoznawczych, na przykładzie zarządzonej kontroli operacyjnej. Praktyczny wymiar tych rozważań omówiono z punktu widzenia postępowania dowodowego, z uwzględnieniem ról i obowiązków procesowych prokuratora oraz sądu. Normative approach to operational and reconnaissance activities in terms of illegal evidence The issues discussed in this article refer to the normative status of operational and investigative activities in the context of the Police Act and the Code of Criminal Procedure. Namely, an attempt was made to demonstrate the conditions that affect the legal nature of surveillance, and thus the effective use of operational material in a criminal trial. For this purpose, the covert activity of the Police has been characterized by listing acceptable operational methods and defining operational and reconnaissance activities in the light of the literature on the subject. Therefore, in order to fully illustrate the issues discussed, an analysis was conducted of the legal relationship between the illegal evidence referred to in Art. 168a of the Code of Criminal Procedure and the evidence from operational and reconnaissance activities, on the example of an ordered operational control. The practical dimension of these considerations is discussed from the point of view of evidence proceedings, taking into account the procedural roles and responsibilities of the prosecutor and the court.

scholarly journals Własność znalezisk – wybrane zagadnienia związane z cywilnoprawną sytuacją poszukiwacza zabytków

2021 ◽  
Vol 7 (1) ◽  
pp. 83-100
Author(s):  
Katarzyna Zalasińska
Keyword(s):  
Civil Law ◽  
Art Market ◽  
Legal Protection ◽  
The State ◽  
Direct Impact ◽  
Cultural Goods ◽  
Legal Situation ◽  
Legal Nature ◽  
The Subject ◽  
Archaeological Monument

Ownership of finds – selected issues related to the civil law situation of a monument finder The subject of this paper is the analysis of the civil law situation applying to those who acquire a find in Poland (i.e. finders). Legislators have differentiated the civil and legal situation of a finder depending on whether the find is, in particular, a historical monument or an archaeological monument. The regulations governing the ownership of finds have a direct impact on the level of their legal protection. This applies especially to archaeological monuments owned by the State Treasury. The elimination of risks associated with the illegal export and transfer of ownership of archaeological artefacts acquired as a result of an illegal search should result not only from regulations of an administrative and legal nature, which are discussed in the article, but also to ensure the security of the trade in cultural goods by regulating the functioning of the art market in Poland.

scholarly journals Swoboda wyboru prywatnoprawnej formy działania administracji gospodarczej w polskiej i niemieckiej doktrynie prawa publicznego

2019 ◽  
pp. 93-116
Author(s):  
Paweł Sancewicz
Keyword(s):  
Public Administration ◽  
German Law ◽  
Legal Framework ◽  
Public Law ◽  
Legal Form ◽  
The Public ◽  
Administrative Procedures ◽  
The Republic ◽  
Legal Forms ◽  
Polish Law

The purpose of this paper was to present views of both Polish and German public law doctrine on the issue of the possibility to choose a legal form of implementa­tion of public tasks by the public administration. This issue is not only a theoretical matter because currently administration has to cope with increasingly complex and complicated public tasks that must be implemented. The article first explains the concept of the legal forms of action, distinguished from the measures available in administration. Next, the freedom of choice of the legal form of action as well as the instances of its abuse are analysed. The considerations carried out in the article allow to adopt the position that the choice of the legal form of action by public administration cannot be actually prejudged under Polish law. The main limitation of the freedom to choose the le­gal form of action is contained in Article 7 read in connection with Article 2 of the Constitution of the Republic of Poland which stipulate a legal framework that ought to embrace them. There is also a concern that the authorities may abuse certain forms of action in order to, for example, avoid certain administrative procedures or to achieve desired fiscal objectives. As indicated in the course of the analysis, the German doctrine and practice encountered similar problems, and now the experi­ence and undoubted successes of German law and practice could be a significant inspiration for Polish lawmakers in this area. De lege ferenda, it is necessary to propose the introduction of legal regulations that will enable or facilitate a free choice of the legal form of action by administra­tive bodies. However, establishing such regulations will only be possible and and effective when the administrative agreement becomes part of the Polish legal system.

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