scholarly journals CONSIDERATION OF A CASE IN AN ADMINISTRATIVE PROCEEDING UNDER THE RULES OF SIMPLIFIED LITIGATION

2020 ◽  
pp. 122
Author(s):  
Yu.A. Dorokhina
Keyword(s):  
Administrative Proceeding

SEC publishes final rules amending the rules of practice for administrative proceedings

2016 ◽  
Vol 17 (4) ◽  
pp. 54-60
Author(s):  
Joan McKown ◽  
Henry Klehm III ◽  
Harold Gordon ◽  
David Woodcock ◽  
Daniel Bradley
Keyword(s):  
Financial Services ◽  
Content Type ◽  
The Us ◽  
Administrative Proceeding ◽  
Affirmative Defenses ◽  
Administrative Proceedings ◽  
The Right ◽  
Hearsay Evidence ◽  
Practical Impact ◽  
Practical Implications

Purpose To explain and evaluate amendments to the rules of practice governing the US Securities and Exchange Commission’s (SEC’s) Administrative Proceedings that were adopted by the Commission on July 13, 2016. Design/methodology/approach Describes SEC’s increased pursuit of enforcement actions in APs, criticisms of the AP process, and corrective legislation. Describes the July 2016 amendments covering expansion of the prehearing period, allowance of depositions, timing for completion of document production in discovery phase, required disclosure of affirmative defenses, permitted dispositive motions, and admissibility of hearsay evidence. Assesses the practical impact of the amendments. Makes recommendations concerning advanced preparation for APs, depositions and witness-interview strategies, particular care concerning statements in Wells submission, availability of investigative record to defense counsel, admissibility of hearsay evidence, and defenses based on reliance on counsel. Findings The amended rules are a step in the right direction but do not fully correct the numerous and severe imbalances that exist in the Commission’s administrative enforcement process with respect to the availability of various discovery mechanisms, the timeline for trying a case, and more. Practical implications Every entity or individual that is involved in an SEC enforcement investigation, or that may become a respondent in an SEC Administrative Proceeding, should take certain practical steps such as those recommended in this article to minimize the structural disadvantages it will face and to maximize the benefits conferred by these latest amendments to the rules of practice. Originality/value Practical background and guidance from experienced enforcement, litigation, securities and financial services lawyers.

Due Process Prior to Administrative Decisions and Effective Judicial Protection in Brazil: A New Perspective?

ICL Journal ◽  
2016 ◽  
Vol 10 (1) ◽  
Author(s):  
Ricardo Perlingeiro
Keyword(s):  
Due Process ◽  
Public Authorities ◽  
Administrative Procedure ◽  
Margin Of Appreciation ◽  
Due Process Of Law ◽  
Administrative Proceeding ◽  
Court Proceedings ◽  
New Perspective ◽  
Judicial Protection ◽  
Judicial Actions

AbstractIn view of the increasing number of repetitive judicial actions in public law issues, this text proposes reconsidering the guarantees of administrative due process of law - enshrined in the Brazilian Constitution of 1988 -, among them the effective independence of the administrative authorities, based on a comparative perspective between the Anglo-Saxon and Continental-European models concerning judicial protection of individual rights. The author is visibly concerned with searching for a better understanding of topics that are considered to be established dogmas in Brazilian law, such as the contradiction between the self-enforceability of administrative decisions and the need for the public authorities to initiate judicial actions against individuals; the distinction between the administrative procedure and the (judicial and non-judicial) administrative proceeding and their implications for individuals in court proceedings; impartiality without independence of the authorities in conducting a non-judicial administrative proceeding; scope of judicial review of the utilization of the margin of appreciation of factual/scientific matters in decisions made by public administrative authorities.

Children’s Participation Rights in Film Classification Systems

2017 ◽  
Vol 25 (2) ◽  
pp. 438-455 ◽  
Author(s):  
Tim Covell
Keyword(s):  
United Nations ◽  
Classification Systems ◽  
Data Sets ◽  
Child Participation ◽  
Rights Of The Child ◽  
Participation Rights ◽  
International Data ◽  
United Nations Convention ◽  
Administrative Proceeding ◽  
High Degree

Film classification helps countries meet their obligations to protect children under Article 17(e) of the United Nations Convention on the Rights of the Child. Classifying films is an administrative proceeding that affects children, by limiting and setting conditions on what they can view. Therefore, children should have their interests represented or otherwise participate, as required by Article 12. This paper researches the degrees and methods of child participation in film classification systems, primarily by a survey of agencies. Based on data from 22 agencies in 17 countries, 73 per cent have some degree of child participation. This ranges from providing a website for children, to children’s panels reviewing and discussing classification for pre-screened films. Comparison with other international data sets suggests countries with a high degree of child participation in film classification are those which are generally making good progress implementing children’s rights.

scholarly journals Naprawienie szkody spowodowanej ograniczeniem korzystania z nieruchomości w związku z ochroną przyrody – wybrane zagadnienia

2019 ◽  
Vol 28 (2) ◽  
pp. 41
Author(s):  
Dorota Lebowa
Keyword(s):  
Environmental Protection ◽  
Public Administration ◽  
Administrative Authority ◽  
The Public ◽  
Administrative Proceeding ◽  
Administrative Body ◽  
Legal Forms ◽  
Judicial Procedure ◽  
The Right ◽  
Two Stages

<p>Establishing legal forms of nature conservation entails a restriction on the right of ownership and other property rights. For this reason, the legislature introduced in the Act of 27 April 2001 on Environmental Protection Law solutions allowing for the purchase of real estate or payment of damages. The provisions of the Environmental Protection Law set out an administrative-judicial procedure of claiming for remedying a damage caused by the legal operation of the public administration related to the protection of environmental resources. This procedure is based on the fact that a claim, essentially of a civil nature (a claim for remedying a damage caused by restricting the use of property) is pursued in two stages – the first in an administrative proceeding in which the administrative authority issues a decision and in the second, where the case is decided by a general court. The first stage is obligatory, in the sense that in the event of a dispute for compensation, the aggrieved party must apply to the administrative body for compensation. The second is initiated as a result of the action of the party dissatisfied with the compensation awarded by the administrative body.</p>

scholarly journals MEDIATION IN ADMINISTRATIVE PROCEEDING: MYTH OR REALITY NOWADAYS

2020 ◽  
Keyword(s):  
Administrative Law ◽  
Public Authority ◽  
Modern World ◽  
Public Authorities ◽  
Acceptable Solution ◽  
The Public ◽  
Service Conception ◽  
Administrative Proceeding ◽  
State And Local ◽  
The One

In legal life of the modern world common ways of resolution to the legal disputes (conflicts) are not always efficient, since, as a rule, interests and needs of the one side and sometimes even of the both ones are left unsatisfied. Appeal to the public authorities because of each law conflict results in overloading of courts and administrative authorities. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The article is devoted to reviewing the peculiarities of implementation of the method of mediation in administrative proceeding. It reports on attributes of administrative law conflict and also on peculiarities of conducting the procedure of mediation. Scholarly works of domestic scientists such as Sydelnikov O. D., Krasilovska Z. V., Lysko A., Mazaraki N. A. and others have been devoted to this problematique. Mediation - is a consensual and confidential procedure extrajudicial settlements of conflicts, in which a mediator helps the sides to understand their interests and search efficient ways of achieving mutually acceptable solution. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. It is specified by typical peculiarities for such disputes and also by legal nature of subjects of administrative legal relationship. Exactly because of this, some scientists refer to partial nonmediability of such disputes, as one of the side in this case is always an organ of public authority. Approaching a compromise between public authority and a citizen is a prioritized direction of state and local authority activity. The procedure of mediation can be applied only in certain administrative disputes. In this case it is possible to single out advantages of implementation of the mediation procedure in dealing with administrative law conflict, they are effectiveness, saving funds and time, speed, confidentiality, unloading administrative courts, embodiment the principle of service conception of the state, the principle of the rule of law and proper management.

US Securities and Exchange Commission settles administrative action against fund manager concerning use of fund assets to pay management company expenses

2015 ◽  
Vol 16 (4) ◽  
pp. 55-58
Author(s):  
Amy Ward Pershkow ◽  
Adam D. Kanter
Keyword(s):  
Securities And Exchange Commission ◽  
Fund Manager ◽  
Content Type ◽  
Fund Managers ◽  
Administrative Action ◽  
The Us ◽  
Administrative Proceeding ◽  
Administrative Proceedings ◽  
Taking Action ◽  
Practical Implications

Purpose – To explain a recently settled administrative proceeding that the US Securities and Exchange Commission (SEC) brought against a private fund manager in connection with the use of fund assets to pay for the manager’s operating expenses. Design/methodology/approach – Explains the major takeaways from the settled case, and places them in the context of prior administrative proceedings and public statements from SEC staff. Findings – This case is the latest example of the SEC taking action against a private fund manager related to the improper deduction or allocation of expenses, and related disclosure lapses, and further cases are expected in the future. Practical implications – Private fund managers should examine their practices involving the reimbursement and allocation of expenses and related disclosures to fund investors. Originality/value – Practical guidance and explanation from experienced securities regulatory lawyers.

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