scholarly journals ADMINISTRATIVE PROCEDURAL LEGAL PERSONALITY OF A LAWYER: THEORETICAL AND LEGAL ANALYSIS

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Oksan Bayik ◽  
◽  
Olesya Maksymkiv ◽  
Liliya Martynyk ◽  
Ivanna-Mariya Matkivska ◽  
...  
Keyword(s):  
Personal Data ◽  
Legal Analysis ◽  
Administrative Process ◽  
Legal Personality ◽  
Personal Data Protection ◽  
Administrative Procedure ◽  
Legal Provisions ◽  
Specific Stage ◽  
Administrative Proceedings ◽  
Procedural Rights

The article analyzes the theoretical and legal provisions on the administrative procedural legal personality of a lawyer in Ukraine. It was found that his procedural legal personality can be divided into: ‒ general, which is available to a lawyer at all stages of the process; ‒ special, which is characteristic only for a specific stage of the process. It is pointed out that the administrative procedural legal personality of a lawyer is based on the norms of Art. 43 Code of Administrative Procedure of Ukraine and consists in the ability of a lawyer: 1) to have procedural rights and responsibilities in the administrative process (administrative procedural capacity); 2) personally exercise their administrative procedural rights and responsibilities during the lawyer’s representation of a person in the administrative process (administrative procedural capacity). It is noted that in Art. 45 Code of Administrative Procedure of Ukraine, enshrined a provision on the inadmissibility of abuse of procedural rights, which a lawyer as a procedural representative must take into account when representing a person in administrative proceedings. It is noted that there is a division of procedural rights of a lawyer into general and special. It is emphasized that in addition to the rights of a lawyer as a procedural representative, he is also endowed with both professional duties and responsibilities defined in Art. 47 Code of Administrative Procedure of Ukraine. It is noted that in addition to imposing duties on a lawyer, the legislator provides grounds for bringing him to justice (administrative procedural tort). A lawyer as a procedural representative has disciplinary responsibility. At the same time, the lawyer must remember that he ensures the protection of personal data about an individual, which he possesses, in accordance with the legislation on personal data protection. The author’s conclusion is made that the administrative procedural legal personality of a lawyer as a representative of a person is a complex category, which consists of his administrative procedural legal capacity, administrative procedural capacity and administrative procedural tort.

scholarly journals Effectiveness of procedural decisions in first-instance administrative proceedings

2021 ◽  
Vol 60 (91) ◽  
pp. 75-96
Author(s):  
Dejan Vučetić
Keyword(s):  
Administrative Process ◽  
Administrative Procedure ◽  
Efficiency And Effectiveness ◽  
Research Questions ◽  
Compensation For Damage ◽  
Interim Measure ◽  
Administrative Proceedings ◽  
Procedural Decisions ◽  
Procedural Rights

The paper analyzes the normative regulation of the procedural administrative decision institute, which was introduced into the Serbian administrative process as a novelty by the General Administrative Procedure Act (GAPA) in 2016. The paper aims to addresses three research questions: to determine the legislator's goal in regulating this insitute, to identify in which situations such a decision has to be made, and to establish how effective that type of decision is. At the beginning of the paper, the author focuses on the concept of effectiveness, including different, mutually opposed, approaches to defining that notion. The author points out the conceptual misunderstanding between efficiency and effectiveness, and their unjustified equalization. The main goal of introducing the institute of procedural administrative decision is the aspiration for greater protection of parties' procedural rights. The analysis of the text of the General Administrative Procedure Act has yielded seventeen basic types of procedural administrative decisions: a decision on rejecting the party's request, a decision not to allow alteration of the party's request, a decision on suspending the procedure, a decision on termination of the procedure, a decision on imposing a fine, decision on request, a decision on execution, a decision on securing the execution, a decision on appointing a temporary representative, a decision on denying representation to a quack lawyer for unlicenced practice of law, a decision on proposal for restitution, a decision on bearing preliminary procedure costs, a decision on exemption from procedure costs, a decision on payment of costs resulting from the absence or unjustified denial of testimony, a decision on compensation for damage to the holder, a decision on the proposal for providing evidence, and a decision on ordering an interim measure. The author concludes that the institute of procedural administrative decision can negatively affect the effectiveness of administrative proceedings due to the possibility of its unnecessary extension.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

THE POSITION OF THE PUBLIC PROSECUTOR IN ADMINISTRATIVE PROCEEDINGS – LEGAL ANALYSIS

2021 ◽  
Vol 1 (XXI) ◽  
pp. 97-114
Author(s):  
Michał Sędziński
Keyword(s):  
Rule Of Law ◽  
Public Prosecutor ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
The Public ◽  
Administrative Procedure ◽  
Court Proceedings ◽  
Administrative Proceedings

The aim of this article is to comprehensively analyse the legal position of the public prosecutor in administrative proceedings and administrative court proceedings. This subject is interesting because the public prosecutor is usually associated with criminal proceedings and his capacity as the public accuser. However, the public prosecutor plays a special role in administrative proceedings, i.e. participates in them as an entity with the rights of a party, even though he has no legal interest in it. It is also worth noting that the powers of the public prosecutor are clearly more extensive than those of other entities with the rights of a party. This article is an attempt to determine the role of the public prosecutor in administrative proceedings and decide whether he is the accuser or rather the representative of the public interest. The position of the public prosecutor in proceedings before administrative courts is special as well. This issue needs to be discussed in detail, which was taken into account in the second part of the article. The position of the public prosecutor as the advocate of the rule of law is regulated by the Act on the Public Prosecutor’s Office. The analysis of these provisions in conjunction with Chapter 4 of the Code of Administrative Procedure leads to a conclusion that the public prosecutor who acts in administrative proceedings as an entity with the rights of a party has powers vested in him alone and watches over such proceedings, thereby fulfilling the duties of an advocate of the rule of law. To fully show the special position of the public prosecutor, it is necessary to enumerate his powers in administrative proceedings and compare them with the competences of “ordinary” entities with the rights of a party.

Georgian Administrative Law

2020 ◽  
pp. 707-722
Author(s):  
Tamar Gvaramadze
Keyword(s):  
Personal Data ◽  
Administrative Law ◽  
Council Of Europe ◽  
Legal Reforms ◽  
Personal Data Protection ◽  
Western Values ◽  
Fair Hearing ◽  
Administrative Proceedings ◽  
The Right ◽  
The Impact

This chapter discusses the impact of the pan-European principles of good administration on Georgian administrative law. It shows that the legal reforms and modern administrative legislation that started in Georgia in the 1990s were mostly influenced, and directed by, Western values and European principles, including core provisions of the Council of Europe. This influence has manifested itself, among other things, in the Georgian legislator giving constitutional importance to the right to a fair hearing in administrative proceedings and underlining the importance of good administration. Moreover, special parts of administrative law, such as regulation of local self-governance and personal data protection, have also not been immune to this influence, which has been strengthened by the progressive approach undertaken by Georgian courts.

scholarly journals Judicial Review in Date Protection Cases in Bosnia and Herzegovina and Comparative Jurisdictions

2021 ◽  
pp. 181-206
Author(s):  
Armina Čunjalo ◽  
Zlatan Omerspahić
Keyword(s):  
Judicial Review ◽  
Current System ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Analysis ◽  
The European Union ◽  
Personal Data Protection ◽  
Legal Standards ◽  
Judicial Protection

The paper analyses the issue of judicial review in personal data protection proceedings. The subject of analyses is a procedural safeguard and other peculiarities of the administrative dispute and the standard of administrative law protection in the mentioned proceedings and the role of the Court of BiH. A comparative legal analysis of administrative-legal protection in the same disputes within Croatia and Slovenia is conducted, together with the relevant legal framework of the European Union. The comparative legal analysis aims to determine the extent to which the domestic model of administrative-legal protection and legal standards of judicial protection is compatible with the solutions adopted across Europe. It draws attention to problematic and controversial solutions to domestic legislation. In conclusion, the authors propose several regulatory solutions which would bring improvements to the current system of judicial protection in domestic law.

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.

PROCESSING OF PERSONAL DATA BY THE POLICE IN THE LIGHT OF ADMINISTRATIVE PROCEEDINGS CONDUCTED BY THE SUPERVISORY AUTHORITY

2019 ◽  
Vol 135 (3) ◽  
pp. 173-182
Author(s):  
Rafał Płocki
Keyword(s):  
Information System ◽  
Data Protection ◽  
Personal Data ◽  
Inspector General ◽  
Personal Data Protection ◽  
Wide Range ◽  
Great Responsibility ◽  
Administrative Proceedings ◽  
High Level ◽  
National Police

The police process huge amounts of personal data without which they would not be able to carry out their basic tasks. The data processed by the police have a very different nature and scope. Data processing in such large quantities and in such a wide range is associated with great responsibility for its safety. Maintaining a high level of security becomes a challenge when, at the same time, it is necessary to take care of the rights of data subjects. The article contains an overview of administrative decisions issued by the Inspector General for Personal Data Protection (currently: the President of the Personal Data Protection Offi ce) relating to police activities. The issues of the implementation of the rights of data subjects are discussed in three areas, i.e.: sharing information from police resources, deleting data from the National Police Information System, and verifi cation of identity documents.

scholarly journals CELEBRITY PERSONA: LEGAL RIGHTS IN MALAYSIA

2020 ◽  
Vol 5 (19) ◽  
pp. 145-155
Author(s):  
Nor Azlina Mohd Noor ◽  
Ahmad Shamsul Abd Aziz ◽  
Mazita Mohamed
Keyword(s):  
Social Media ◽  
Intellectual Property ◽  
Personal Data ◽  
Legal Protection ◽  
The United States ◽  
Legal Rights ◽  
Property Law ◽  
Intellectual Property Law ◽  
Personal Data Protection ◽  
Legal Provisions

A celebrity has its own persona and has a right that can be protected by the law. The status of a celebrity can be obtained in certain circumstances such as through birth or descent as well as through skills or occupation. Celebrity rights are special and unique rights. This is because the right seems to be the property and belongs to the celebrity. The words celebrity is often associated with fame, money, power, publicity, extravaganza, achievements, fandom, culture, and is sometimes matters relating to scandal or even for something shameful. Accordingly, the public has no right to arbitrarily use the celebrity's right. Celebrity rights can be made up of three main rights which are personality, privacy, and publicity rights. In the age of social media, almost everyone can be a celebrity. Therefore, legal protection for celebrities is very important to be discussed. In Malaysia, there is no specific legislation regarding celebrity rights such as those found in other countries such as the United States. An issue that needs to be taken into account is in the absence of the specific law, how do the rights of these celebrities are legally protected in Malaysia. Therefore, this article discusses celebrity rights and related laws in Malaysia, especially under intellectual property law. This article applied the method of legal research through library research. This article concludes that while Malaysia does not have any specific legal provisions for celebrity rights, the infringement of celebrity rights can be catered upon through a variety of relevant laws such as intellectual property law like several provisions relating to copyright and trademark protection. In addition, with the advent of social media, celebrity rights are also protected by laws such as the Communications and Multimedia Act 1998. Privacy-related laws such as the Tort law and the Personal Data Protection Act 2010 can also be used to protect these celebrity rights.

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.

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