Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

scholarly journals Administrative Supervision of the National Police of Ukraine

2021 ◽  
Vol 81 (2) ◽  
pp. 72-78
Author(s):  
I. M. Kovalov ◽  
V. A. Yevtushok
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Police Officers ◽  
Legal Regulation ◽  
Educational Process ◽  
Scientific Article ◽  
Administrative Supervision ◽  
The Law ◽  
Compliance With The Law ◽  
National Police

The scientific article is focused on the legal regulation of administrative supervision of the National Police of Ukraine. The purpose of the study is to define the concept and features of police administrative supervision and develop propositions for amending the existing legislation regulating law enforcement activity. The relevance of the chosen topic is the fact that police officers’ powers to monitor the rule of law in the fields of economy and public administration can directly affect the rights and freedoms of individuals and the legitimate interests of legal entities. The scientific novelty of the study lies in the doctrinal definition of the concept of police administrative supervision and its features and the development of propositions for amending the Law of Ukraine "On the National Police". The publications of scholars who studied the problems of police administrative supervision in various sectors of the economy and public administration were studied. The norms of legislative acts that establish the supervisory powers of the police are analyzed. It is concluded that police administrative supervision is systematic monitoring of the compliance with Ukrainian legislation in the fields of economy, public administration, public life, and the application of coercive measures to offenders to stop the offense and bring them to justice. Features of police administrative supervision, such as regularity, legality, formality, publicity, have been identified. Police administrative supervision is protective. Its purpose is to stop and prevent violations of Ukrainian law. Administrative supervision over the compliance with the law is carried out in the areas of public order and public safety, public administration, business, drug trafficking, firearms and ammunition, road safety, and other sectors of the economy and public administration. It is offered to make appropriate amendments to the Art. 2 of the Law of Ukraine "On the National Police". The results of the study can be used in lawmaking, law enforcement practice, and the educational process.

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.

Administrative Procedure and Judicial Review in Lithuania

2021 ◽  
pp. 69-71
Author(s):  
Agnė Andrijauskaitė
Keyword(s):  
European Union ◽  
Public Administration ◽  
Judicial Review ◽  
General Rule ◽  
The European Union ◽  
The Public ◽  
Administrative Procedure ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Proceedings

This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of Lithuania's 'unflinching' desire to join the European Union and was meant to strengthen the protection of individual rights and administrative accountability. Two cornerstone acts in this regard, the Law on Public Administration and the Law on Administrative Proceedings (APA), were adopted in 1999. Administrative courts were also established in the same year. Article 3 (1) APA spells out the general rule that administrative courts settle disputes arising in the domain of the public administration. All the acts and measures excluded from the competence of administrative courts are listed in Article 18 APA, which establishes the so-called negative competence of administrative courts. Meanwhile, Article 91 (1) (3) APA provides that the impugned administrative decision may be quashed if 'essential procedural rules intended to ensure objective and reasonable adoption of an administrative decision were breached'.

scholarly journals The Major Phases and Characteristics of the Development of Legal Regulation Pertaining the Provision of Interactive Public Services in the Republic of Uzbekistan

2021 ◽  
Vol 04 (11) ◽  
Author(s):  
Laviza Iskhakova ◽  
Keyword(s):  
Public Services ◽  
Legal Regulation ◽  
The Republic ◽  
Legislative Improvement ◽  
The Moment

The article is devoted to the review and analysis of legislative acts in the Republic of Uzbekistan which regulate the provision of interactive public services. The article also focuses on the main historical stages of the development of the legal regulation of electronic public services from the moment of their emergence to the present day, the connection of this process with the development of technologies and other factors, as well as the question of institutional and legislative improvement of egovernment management in Uzbekistan.

scholarly journals Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions

2021 ◽  
Vol 80 (1) ◽  
pp. 55-61
Author(s):  
О. Ю. Прокопенко ◽  
В. І. Кравцов
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Principles ◽  
Civil Proceedings ◽  
The Status ◽  
The Law ◽  
Executive Agencies ◽  
Enforcement Activity

The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities. The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office. The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community. Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.

scholarly journals Sądowa kontrola decyzji organów podatkowych w sprawach ulg w spłacie zobowiązań podatkowych opartych na uznaniu administracyjnym

2021 ◽  
Vol 30 (4) ◽  
pp. 441
Author(s):  
Andrzej Niezgoda
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Case Law ◽  
Point Of View ◽  
Administrative Discretion ◽  
The Public ◽  
Procedural Law ◽  
Tax Relief ◽  
The Law ◽  
Administrative Courts

<p>The article is of a scientific-research nature. The author discusses the problem of limits of judicial review of discretionary decisions made by taxation authorities, which aim at applying relief in payments of tax liabilities under Polish regulations and case-law of administrative courts. It may be noted that despite the issue of administrative discretion being discussed in the academic literature, the question of limits of judicial review in the practice of administrative courts still raises doubts. It is therefore reasonable to undertake the analysis of the main views formulated in the literature and the case-law of administrative courts addressing this problem, from the point of view of the limits of judicial review of discretionary decisions. The thesis of the article is that the nature of discretionary decisions on relief in payment of tax liabilities, determined by the function of administrative discretion, and, at the same time, the criteria set out in the law for judicial review of public administration, limit the role of the administrative court in examining the compliance with procedural law of the tax proceedings preceding the issuance of such a decision and the respecting by tax authorities of the fundamental values of the system of law expressed in the Polish Constitution. This is because they define the limits of administrative discretion, within which the choice of one of the possible solutions remains beyond the judicial review of the public administration. For the law, as it stands (<em>de lege lata</em>) there are no grounds for administrative courts, provided that the tax authorities respect the basic values of the legal system expressed in the Polish Constitution, to formulate assessments as to the circumstances and reasons justifying the granting or refusal to grant a tax relief, or its scope. The concept of internal and external limits of administrative discretion may therefore be useful for administrative court rulings.</p>

Administrative Procedure: European Standards and Conclusions for Ukraine

2019 ◽  
Vol 10 (7) ◽  
pp. 1968
Author(s):  
Iryna V. BOIKO ◽  
Oleksandr T. ZYMA ◽  
Yuliia V. MEKH ◽  
Olha M. SOLOVIOVA ◽  
Valentyna A. SOMINA
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Legal Regulation ◽  
Law School ◽  
Scientific Article ◽  
Administrative Procedure ◽  
European Experience ◽  
Law Enforcement Officials ◽  
Legal Structures ◽  
European Standards

The relevance of the scientific article is due to the necessity to search for models of legal regulation of public relations that arise in public administration with a private person, which would meet the European standards of administrative procedure. The purpose of the article is to study the European experience of administrative and procedural ordering of public relations in order to form ideas of implementation in the legal field of Ukraine. The leading methods of research were the analysis of European practices of administrative procedure, modelling of legal structures acceptable to Ukraine. As a result of the research, proposals for legislative initiatives on the procedure for adopting administrative acts were formed. Research can be helpful to law-abiding lawyers and law enforcement officials, law school educators, and public administration officials and officials seeking to apply good administration standards and practices to individual management matters.  

scholarly journals THE INFLUENCE OF THE PRINCIPLE OF EQUALITY ALL BEFORE THE LAW ON THE ORDER OF PAYMENT OF COURT FEE IN THE CIVIL PROCESS

2019 ◽  
pp. 57-61
Author(s):  
S. E. Ustiushenko
Keyword(s):  
Ad Hoc ◽  
Legal Regulation ◽  
Individual Characteristics ◽  
Scientific Article ◽  
Constitutional Court ◽  
Court Order ◽  
Procedural Law ◽  
European Court ◽  
The Law ◽  
Principles Of Justice

In the scientific article the content of the principle of equality of all before the law is examined, taking into account the presence of a whole spectrum of points of view on this issue in the science of civil procedural law and legal positions of the Constitutional Court of Ukraine and the European Court of Human Rights, as well as the nature of the influence of this principle on the procedure for payment of a court fee when appealing to the court in civil proceeding. Formal equality of all before the law is considered in its inextricable connection with the principles of justice and the rule of law,requiring the accessibility of justice for all segments of the population. It is stated that the differentiated attitude towards the subjectsis important, taking into account their individual characteristics, and the undoubted necessity of the existence of compensators for thefinancial insolvency of certain groups of citizens to pay court fees in the amount established by law. The article analyzes the provisions of the current legislation, which provide for privileges to pay court fees. Two main types ofexemption from payment of a court fee are investigated: according to the law, when the plaintiffs are released from their payment forfiling individual claims, as well as certain categories of persons, determined by law, regardless of the type of claim and court decision,when the person is released by a court from the duty to pay the court fee is only ad hoc, that is, in relation to this particular case. The necessity to distinguish cases of exemption from payment of a court fee, provided by law, and cases where the court fee is notpaid at all, is proved. The distinctive differences between these cases are established. The grounds and procedural order of defermentand deferral of payment of court fee, as well as reduction of its size by court, are characterized. The peculiarities of the distribution of court costs in cases where the person who appealed to the court was dismissed from payment of court fee, if it was arranged by a courtor delayed its payment or reduced amount of payment of court fee. Also, the article identifies the shortcomings of legal regulation of issues related to the payment of court fees when appealing to acourt with a statement on the cancellation of a court order and formulated a proposal for their correction.

scholarly journals Genesis of legal regulation of the status of legal entities carried out activitiy in the field of providing legal services under the legislation of Ukraine

2021 ◽  
pp. 124-129
Author(s):  
I.T. Hobechia
Keyword(s):  
Public Relations ◽  
Limited Liability ◽  
Legal Regulation ◽  
Scientific Article ◽  
Legal Services ◽  
Legal Aid ◽  
The Status ◽  
The Law ◽  
Legal Forms ◽  
Legal Entities

In the current conditions of European integration processes in Ukraine, the issues of activity of institutions aimed at guaranteeing and protecting the rights and interests of all the participants in public relations have become important. The study of the genesis of legal regulation of the status of legal entities engaged in the provision of legal services in our country have been become particularly relevant. In Ukraine, advocates have the right to provide all types of legal services, in particular to represent interests in court in all types of proceedings. An advocate is a natural person who practices law on the grounds and in the manner prescribed by the Law of Ukraine «On Advocacy and Advocatory Activity». In studying the genesis of the legal regulation of the status of legal entities engaged in the provision of legal services under the laws of Ukraine, special attention has been paid to the period after the restoration of our state's independence on August 24, 1991. Legal entities engaged in the provision of legal services were created and operated in various organizational and legal forms, the most common of which were and remain private enterprises and limited liability companies. The peculiarity of our legal system is also that the Law of Ukraine «On Free Legal Aid» was adopted and regulates, in particular, the status of centers for free secondary legal aid and the peculiarities of providing such aid by advocates, who are included in the Register of free secondary legal aid advocates. At the same time, the key role in providing participants of public relations with legal services in our state belongs to the bar. Therefore, despite the possibility of carrying out activities in the field of legal services by legal entities of all types and organizational and legal forms, a special place among them has been occupied by advocatory association and advocatory bureau. In the scientific article it has been summarized and highlighted the periods in the history of normative regulation of the legal status of these legal entities after August 24, 1991.

scholarly journals Legal consolidation of coordination relations between local state administrations and territorial bodies of central executive authorities (according to the bill on local state administrations)

2021 ◽  
pp. 377-385
Author(s):  
V.A. Derets
Keyword(s):  
Public Administration ◽  
Executive Branch ◽  
Legal Regulation ◽  
Central Executive ◽  
Local State ◽  
The Law ◽  
Type Of Management

Introduction. In the practice of public administration there are changes due to the need to decentralize the executive branch, including changes in the functions and powers of local state administrations (LSA). It is important to ensure that these changes are consistent with the scientific approaches formed by scientists. This applies in particular to the relations that arise between LSA and territorial bodies of central executive authorities (TB CEA). The aim of the article. The purpose of the article is to analyze the compliance with scientific approaches of legislative novelties proposed in connection with the reform of decentralization and change the functions and powers of LSA, which in turn will change the managerial relations between LSA and TB CEA. Results. Theoretical principles of coordination relations are analyzed. A comparison of the legal regulation of managerial relations between LSA and TB CEA in accordance with the Law of Ukraine "On Local State Administrations" of April 9, 1999 № 586-XIV and the draft Law of Ukraine of October 30, 2020 № 4298. Conclusions. Proposed in the draft Law № 4298 from 30.10.2020 novelties in terms of legal regulation of managerial relations between LSA and TB CEA indicate a change in the essence of the existing coordination relations between them. In our opinion, the managerial relations that will be established between LSA and TB CEA on the basis of this bill will be characterized by both features characteristic of coordination and features characteristic of subordination. It is advisable to take into account the peculiarities of each type of management relations and choose terminology that corresponds to established scientific approaches and reproduces the content of a phenomenon in practice.

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