scholarly journals PECULIARITIES OF THE PROSECUTOR’S ACTIVITY IN THE ADMINISTRATIVE PROCESS

2020 ◽  
pp. 98-107
Author(s):  
В. Р. Боровський
Keyword(s):  
Public Relations ◽  
The State ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Additional Protection ◽  
Protection Of Human Rights ◽  
Administrative Proceedings ◽  
Scientific Achievements ◽  
Legal Entities

The relevance of the article is that the prosecutor is an important figure in the protection of human rights and freedoms, as well as the interests of the state. The prosecutor’s participation in the administrative process is also very important, especially in resolving the case on the merits, as it is aimed at fulfilling the main tasks of administrative proceedings ensuring fair, impartial and timely resolution of disputes in the field of public relations in order to effectively protect rights, freedoms and interests of individuals, rights and interests of legal entities from violations by the subjects of power. However, the exercise of the prosecutor’s powers in the administrative process has a number of features that distinguish it from other types of judicial jurisdiction. And on the basis of the analysis of the norms of the Law of Ukraine “On the Prosecutor’s Office” and the Code of Administrative Procedure of Ukraine in general, we can talk about the uncertainty of the administrative and legal activities of the prosecutor in the administrative process. The purpose of the article is to highlight and analyze the main features of the prosecutor in the administrative process. To achieve this goal, the article analyzes the norms of special legislation on the activities of the prosecutor, the Code of Administrative Procedure, judicial practice and scientific achievements of scientists. Based on the analysis of the norms of special legislation on the prosecutor’s activity, the Code of Administrative Procedure, judicial practice and scientific achievements of scientists, the article highlights the main features of the prosecutor’s activity in the administrative process and distinguishes it from other types of judicial jurisdiction. It is emphasized that the legislative level clearly provides for cases that allow the involvement of a prosecutor in the administrative process. It is concluded that the prosecutor in administrative proceedings is an additional guarantee of protection of the interests of the state, and his activities are aimed at providing additional protection of the state and its interests from encroachment by individuals or legal entities. Also, the activity of the prosecutor in the administrative process has a number of very important and significant features that distinguish the activity of the prosecutor in the criminal process.

scholarly journals Administrative and jurisdictional activity: the issues of concept and content

2018 ◽  
Vol 2 (1) ◽  
pp. 104-113
Author(s):  
Vladimir V. Golovko
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Complex Analysis ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Analysis And Synthesis ◽  
Scope Of Application ◽  
The Law ◽  
Administrative Jurisdiction ◽  
Administrative Proceedings

The subject. The article defines the modern content of the following concept: administrative procedure, administrative jurisdiction.The purpose of the study is to identify the correlation between the concepts of administrative procedure and administrative jurisdiction.The methodology includes methods of complex analysis and synthesis of the Russian legislation and scientific sources, as well as formal-logical and formal-legal methods.The main results and scope of application. The administrative process and administrative procedures are not regulated properly nowadays. The results of scientific research indicate a discrepancy in the interpretation of the concept of “administrative process”. An administrative process consists of management and administrative jurisdiction (proceedings).Process and production correlate as general and special phenomena.The administrative process, which manifests itself specifically in various types of administrative proceedings, is a set of consistently performed procedural actions, which are performed at certain stages during the consideration of individual specific cases by the competent authorities.Administrative jurisdiction in the broad sense may be understood as totality of the powers of state or municipal bodies, established by the law or other normative legal acts, to regulate social relations, to assess the legality of actions of a person, to resolve legal disputes and to consider cases on administrative offences, to carry out other legally significant actions.Conclusions. Administrative jurisdictional activity (public, regulatory, regulative, enforcement), is connected with the solution of legal disputes. It is based on the law and is clearly regulated by it, it is carried out by special bodies, it’s result is the regulation of public relations and imposing administrative responsibility to the offenders.

scholarly journals Some Issues of Proceedings in Cases on the Contestation of Legal Acts of Administration in Administrative Proceedings

2020 ◽  
Vol 10 ◽  
pp. 26-27
Author(s):  
Natalya G. Kanunnikova ◽  
Keyword(s):  
State Policy ◽  
The State ◽  
Modern World ◽  
Administrative Process ◽  
Main Form ◽  
Legitimate Interests ◽  
Administrative Proceedings ◽  
Legal Entities

Legal acts of administration are of great importance for the society and state in the modern world, the publication of such acts is the main form of the administrative process. Administrative acts turn the state policy into a reality, perform functions of executive government authorities. However, such acts often violate rights and legitimate interests of individuals and legal entities and thus may be contested by interested parties in administrative proceedings.

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

scholarly journals REGARDING THE SUBJECT OF THE CONTRACT FOR THE SUPPLY OF MATERIAL RESOURCES TO MILITARY UNITS (LEGAL ENTITIES UNDER PUBLIC LAW)

2021 ◽  
pp. 195-198
Author(s):  
O. Pavlovskyi
Keyword(s):  
Public Relations ◽  
Public Procurement ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Material Resources ◽  
The Subject ◽  
Military Units ◽  
Legal Entities

In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not only by constitutional, administrative, economic, but also civil law. This paper will deal with contractual obligations. The supply contract is extremely important in providing Ukraine, its subjects and state entities with the necessary goods, performance of works, provision of services. In essence, the institute of contract law is a legal means of implementing state policy in the field of industrial production, construction, national defense, social assistance, science, culture, the implementation of basic social and production tasks. Currently, there is a trend aimed at increasing the budget funds used through public procurement. In this regard, an urgent problem is the effective legal regulation of public relations related to the supply of goods for public use. The regulatory framework governing these legal relations must be transparent, understandable to all participants in trade and procurement operations, operational on changes in socio-economic conditions in the country, have an anti-corruption orientation. The quality of goods purchased for the state also remains a long-standing problem. One of the topical issues for the science of civil law is the question of the subject of the contract, with which the Central Committee of Ukraine connects the conclusion of the contract, its validity and some other significant circumstances. According to case law, disputes arising from the contract are usually complicated by non-compliance by the parties with the provisions of the Civil Code of Ukraine on the subject of the contract. The article analyzes the subject of the contract for the supply of material resources to military units. Military units are considered by the author as legal entities of a subject of public law.

scholarly journals Protection of Human Rights and Freedoms in the Administrative Proceedings of the European Union

2021 ◽  
Vol 7 (3) ◽  
pp. 210
Author(s):  
Oleksandr Rastorhuiev ◽  
Petro Makushev ◽  
Alla Pukhtetska ◽  
Andriy Hridochkin ◽  
Irina Smaznova
Keyword(s):  
Public Relations ◽  
Practical Significance ◽  
The European Union ◽  
Legal Norms ◽  
Analysis And Synthesis ◽  
Protection Of Human Rights ◽  
Historical Comparative ◽  
Administrative Proceedings ◽  
Dialectical Analysis ◽  
Subjective Rights

Since there is a problem of forming a system of modern doctrinal knowledge on protection in administrative proceedings by individuals of their rights violated in public relations, the topic under research becomes relevant. The justice in national administrative cases requires qualitative improvement taking into account European experience. The purpose of the research is to form a uniform judicial enforcement in the field of public relations, establish the rule of law, and provide fair justice. The methodological basis of this study is a set of general scientific (dialectical, analysis, and synthesis), as well as special legal (historical, comparative law, consideration and interpretation of legal norms, formal-logical) methods of scientific knowledge. The practical significance of the obtained results is that the formulated theoretical provisions, proposals and recommendations can be used: in research to conduct further research on the problems of administrative proceedings in Ukraine, ways and means of effective protection of subjective rights of individuals; in law-making for further improvement in accordance with European principles of national legislation; in the law enforcement practice of judges of administrative courts of Ukraine for consideration and resolution of public law disputes, in the protection of their rights in administrative judicial specialization by citizens and legal entities.

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.

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 PUBLIC AND LEGAL RELATIONS AS A SPHERE OF JUDICIAL PROTECTION OF VIOLATED RIGHTS, FREEDOMS, AND INTERESTS

2021 ◽  
Vol 7 (2) ◽  
pp. 219-223
Author(s):  
Vyacheslav Tylchyk ◽  
Viktor Leschynsky
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Self Regulation ◽  
Legal Regulation ◽  
Functional Method ◽  
The State ◽  
Public Authorities ◽  
Legal Form ◽  
Legal Norms ◽  
Administrative Proceedings

The role of legal relations in legal science cannot be overestimated, especially given the expansion of the boundaries of the subject of administrative law, which leads to the need to rethink its content. Legal relations can be defined as a kind of phenomenon that is a sign of a systemic connection and includes law in its subjective and objective sense. This is due to the fact that the law without legal relations loses its practical meaning, even in the case of certain material leverage. An important statement in the context of scientific research is that law is a real element of public life only when its existence is mediated by legal relations. It is clear that the sphere of public and law relations is much narrower in terms of the volume of social relations in general, which are due to the presence of phenomena that, crystallizing through the prism of legal regulation, acquire legal consolidation and significance. Analysing social relations (individual phenomena, institutions), scientists automatically transfer them to the legal plane. In this case, it is not possible to state the equal importance of social relations and law in legal relations, because the first will fill the legal gaps that will be the cornerstone of their order, and the conceptual apparatus of such a system will have to affect the legal form of law enforcement or vice versa. The reflexivity of a person’s perception of social norms expressed in the balance of social relations and law in legal relations can be established only by analysing not only legal norms but also social relations, which they organize in a “volumetric” sense. It is clear that such a process should not turn into a mechanical increase in legal regulation, but take into account the peculiarities of social relations, which, in fact, indicate anthropocentrism rather than the fact of priority or importance for the state as a subject (participant). In this context, it should be noted that today it is extremely difficult to determine which relations are most important for the state; moreover, the balance of human-centrism seems unclear, because without the participation of public authorities in the declared “self-regulation” to reach any “stability” whether it is impossible to overcome the negative phenomena. Methodology. The solution of the tasks is carried out using the cognitive potential of the system of philosophical, general scientific and special methods. Constitutionalism and synthesis allowed to define attributes and essence of the concept of “public law relations” and create this and other concepts. Using the form of analysis – systematization – the problems of classification of disputes in the field of public relations are identified, which are resolved by administrative courts. The structural and functional method is used during the characterization of public and law relations as a sign of a dispute, which is resolved in administrative proceedings and the study of the structure of the judicial administrative process. Methods of linguistic analysis and interpretation of legal norms helped identify gaps and other shortcomings in the legislation, develop proposals for its improvement.

Some Issues of Administrative Procedure and Ways for Further Improvement in Russian

2021 ◽  
pp. 19-24
Author(s):  
Petrova S. M. ◽  
Keyword(s):  
Conceptual Framework ◽  
Administrative Process ◽  
Administrative Procedure ◽  
New Approaches ◽  
Administrative Proceedings

The purpose of the study is to identify the main features of the legislative concepts of administrative proceedings and administrative process, administrative legal dispute. This article analyzes the content of the conceptual framework of administrative proceedings. New approaches to the development of procedural norms of administrative proceedings are proposed.

Prospects of legal regulation of simplified proceedings in administrative cases

2021 ◽  
pp. 97-104
Author(s):  
Iryna Khomyshyn
Keyword(s):  
Complex Analysis ◽  
Legal Regulation ◽  
Educational Process ◽  
Practical Significance ◽  
Historical Aspect ◽  
Administrative Procedure ◽  
Effective Implementation ◽  
Judicial Practice ◽  
Legislative Activity ◽  
Administrative Proceedings

Purpose. The purpose of the study is to analyze the prospects for the legal regulation of simplified proceedings in administrative cases by the Code of Administrative Procedure of Ukraine. Method. The research is based on the complex analysis and generalization of the available practical, scientific and theoretical material and the formation of the corresponding conclusions and offers. The following methods of scientific cognition were used in the research: the dialectical, system-structural, terminological, system-functional, historical, normative-dogmatic, way of generalization. Results. The study examines the historical aspect of the development of legislation on simplified proceedings, including administrative cases. It is established that a particular category of cases can be considered in the framework of simplified proceedings without an oral hearing by examining the evidence provided in writing. Simplified proceedings are differentiated proceedings containing several exceptions to the administrative, procedural form. Simplified proceedings in administrative cases are distinguished not depending on the special categories of administrative matters but particular circumstances and applying a simpler trial procedure in the cases specified by law. The current legislation on applying the rules on the simplified system of justice requires improvement to ensure the effective implementation of procedural guarantees of participants, compliance with the principles of legality and fairness in the consideration and resolution of administrative cases. Scientific novelty. It is established that the formation of simplified proceedings aims to ensure the effective implementation of procedural guarantees of the participants, compliance with the principles of legality and fairness in the consideration and resolution of administrative cases. The practical significance lies in the possibility of using materials in legislative activity, in judicial practice, in the educational process in the study of administrative proceedings.

Sign in / Sign up

Export Citation Format

Share Document