scholarly journals Zasada in dubio pro libertate w przepisach kodeksu postępowania administracyjnego

2017 ◽  
pp. 57-73
Author(s):  
Joanna Smarż
Keyword(s):  
General Principle ◽  
The State ◽  
Practical Significance ◽  
Administrative Procedure ◽  
Procedure Code ◽  
The Individual ◽  
Administrative Proceedings

The provisions of the Act of 7 April 2017 amending the Act - Administrative Procedure Code and some other acts, made significant changes to the Act on the Administrative Procedure Code. The purpose of this amendment was to change the perception of the administration from a position of power to a more friendly interest, to implement the principle of citizens’ trust to the state authorities. Important practical significance in this scope is to meet the new general principle of ,,friendly interpretation of law” (in dubio pro libertate) introduced in the added Article 7a of Administrative Procedure Code and a new rule for resolving doubts in favor of the party added in Art. 81a of Administrative Procedure Code, which relates to evidence. Both principles are to protect the individual from the imperious ruling authority, which in case of doubt, their weight and consequences often throws them at the side, as the weakest subject of the administrative relationship. In the light of both regulations, in case of doubts as to whether the provisions are properly interpreted or factual, the authority is obliged to resolve the dispute in favor of party to the administrative proceedings.

scholarly journals Przyszłość form konsensualnych w postępowaniu administracyjnym

2019 ◽  
pp. 53-73
Author(s):  
Joanna Wegner
Keyword(s):  
Public Interest ◽  
Subject Matter ◽  
European Countries ◽  
The Public ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Returning To Work ◽  
The Individual ◽  
Administrative Proceedings ◽  
Made In

The article presents the institution of an administrative agreement from the perspec-tive of legal solutions in force in selected European countries. The increase in the number and diversity of tasks performed by the administration and the multitude of conducted proceedings encourage the search for alternative forms of settling a case in relation to an administrative decision. The administrative agreement is one of them. The analysis of foreign regulations confirms that the institution in question belongs to the modern procedural laws. The scope of regulation varies, as do the individual solutions concerning the admissibility and mode of concluding the contract, its subject matter, the mechanisms for removing defects, the grounds for contestability of the contract and its enforceability. It turns out that in individual European orders two patterns of regulation dominate: French and German, although they are subject to significant modifications. The performance of certain public tasks by private parties on the basis of an administrative agreement provides for certain guarantees not only for the parties to the agreement but also for the beneficiaries of those tasks. This particular type of contract allows adequate protection of the public interest. The prevalence of the administrative agreement in Europe prompts the author to formulate a conclusion on the need to include this institution in the home system. The attempt made in the 2017 reform of the Administrative Procedure Code to include in it an administrative agreement was unsuccessful. The provisions on an administrative agreement that were then drafted were intended to give a deeper meaning to mediation, a new institution in administrative proceedings, which is currently not popular. Mediation was to precede the conclusion of an administrative agreement. However, there are no significant obstacles to returning to work on the regulation of this institution, which is so widely used in other European countries, and which is clearly lacking in its home Code

Final Report of the Attorney General's Committee on Administrative Procedure

1941 ◽  
Vol 35 (3) ◽  
pp. 501-506
Author(s):  
James Hart
Keyword(s):  
Attorney General ◽  
Final Report ◽  
The Public ◽  
Administrative Procedure ◽  
Private Interests ◽  
Public Hearings ◽  
Administrative Procedures ◽  
The Individual ◽  
Administrative Proceedings ◽  
Rule Making

What is undoubtedly the most thorough and comprehensive study ever made of Federal administrative procedure was completed with the submission to the Attorney General, in a letter dated January 22, 1941, of the final report of the Committee named. In its investigation and report, the Committee confined its attention to those Federal agencies that substantially affect private interests by their powers of rule-making and adjudication. To the study of their procedures, it assigned a staff of lawyer-investigators, which produced 27 mimeographed monographs, 13 of which have been printed as Sen. Doc. No. 186, 76th Cong., 3d Sess. In its interim report of January 31, 1940, the Committee thus described the methods being employed in the preparation of these monographic studies: “They have involved extended interviews with officials and employees of the agencies involved, with members of the public affected, and with attorneys who have represented clients before these agencies. Members of the Committee's staff have attended numerous hearings and other administrative proceedings as observers, and have closely examined the files of the agencies to discover the methods utilized in disposing of matters arising under the various statutes and regulations. Upon the completion of these investigations, the staff has prepared for the study of the Committee a preliminary report upon each agency, discussing in detail its administrative procedures. The report has been given to the officers of the affected agency for their consideration and comment. Thereafter, the full Committee has met with the agency's officers to discuss with them the facts and problems disclosed by the report.” (Final Report, pp. 254–255). The Committee held public hearings in June and July, 1940. In Chapter IX of its final report, it presents recommendations concerning a number of the individual agencies studied; and in Appendices B through M, it summarizes data collected on significant topics.

scholarly journals Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech Republic

2021 ◽  
Vol 5 (2) ◽  
pp. 109-120
Author(s):  
Kateřina Frumarová
Keyword(s):  
Czech Republic ◽  
Case Law ◽  
Controversial Issues ◽  
Main Attention ◽  
The Czech Republic ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Administrative Body ◽  
Administrative Proceedings ◽  
Judicial Protection

One of the three most important types of actions in the Czech administrative judiciary is the action for protection against the inaction of an administrative body. Judicial protection follows on from the protection within the administrative proceedings (according to the Administrative Procedure Code). Its entrenchment in the Czech law in 2002 was a huge positive. Nevertheless, in practice there are some controversial issues or issues for discussion which relate to this action. The article analyses the essence of this action, its conditions and hearing in court. However, the main attention is paid to the problematic aspects of the action, both those regarding its legislation and those arising from the practice and case law relating to protection against administrative inaction.

scholarly journals Modern Technologies in the Process of Determining the Professional Suitability of Freshmen Students of a Teacher Training College

2021 ◽  
Vol 16 (03) ◽  
pp. 235
Author(s):  
Natalya Koroleva ◽  
Marina Achaeva ◽  
Nadezda Pospelova
Keyword(s):  
Labor Market ◽  
Labour Force ◽  
Teaching Profession ◽  
The State ◽  
Practical Significance ◽  
Freshmen Students ◽  
Professional Self ◽  
The Individual ◽  
Modern Technologies

One of the main problems in determining the professional suitability of freshmen in educational institutions is the shortage of signifi-cant social and professional experience among them. The actuality of the topic is caused by the problem of determination of professional suitability of students in teaching profession and planning their future career, as well as the functioning of the modern labor market and meeting the needs of the state in the labour force. The purpose of the article is to analyze the state of professional self-determination of college students, to identify the most suit-able future specialists, to conduct a study of their motivational sphere and enterprising attitude to their activities. The leading method in the research is the method of the socio-psychological attitudes of the individual diagnosis in the need- motivational sphere created by O. F. Potyomkina, also the method of the individual diagnosis on the motivation for the success by T. Ehlers, al-lowing to reveal professional suitability to the teaching career of a of college freshmen. As a result of the study the practical significance which lies in de-termining the students' readiness for the responsible choice of a profession by means of modern technologies, and allows to be a demanded employee in the labor market and develop them professionally and personally was re-vealed.

scholarly journals Periodisation of Primary and Secondary Technical and Vocational Education Development in the Republic of Bashkortostan

2020 ◽  
Vol 22 (3) ◽  
pp. 148-171
Author(s):  
T. M. Aminov ◽  
R. M. Asadullin
Keyword(s):  
Vocational Education ◽  
The State ◽  
Phase Changes ◽  
Theory And Practice ◽  
Practical Significance ◽  
Education Development ◽  
Republic Of Bashkortostan ◽  
Technical And Vocational Education ◽  
The Republic ◽  
The Individual

Introduction. Vocational education has always been and still is one of the main factors of successful sustainable development of society as a whole and of the individual in particular. Therefore, in the state policy of different countries of the world, including Russia, special attention is being given to the institutions, which train specialists for the leading sectors of the economy and production. For developing effective policy measures and predicting its effectiveness, it is essential to identify the potential of national vocational education system, to study its phase changes and evolution vectors, to analyse and summarise existing experience in the organisation of the system and to support its functioning at the national and regional levels.The aim of the present research is to identify and characterise the main periods of development of primary and secondary technical and vocational education in one of the major regions of Russia – the Republic of Bashkortostan.Methodology and research methods. The research methodology is based on the system and civilisational approaches. The retrospective analysis was conducted through historical, typological and comparative methods, as well as two conceptual models. In the first model, the pedagogical process is presented as a complete system determined by specific historical conditions. The second model, designed by one of the authors of this article, is based on the logic and structure of this process in its contemporary understanding. These concepts provide adequate analysis and extrapolation of historical and pedagogical experience into modern educational theory and practice.Results and scientific novelty. The authors identified socio-economic, pedagogical, organisational and managerial factors of periodisation of the system of primary and secondary technical and vocational education development of Bashkortostan. For the first time, at the local republican level, the main phases of the process have been identified and described, starting with the pre-institutional stage to the present day. It is demonstrated that the trajectory of gradual formation and improvement of the investigated directions and stages of vocational training in the territory of the Republic of Bashkortostan is regulated by the general laws on the development of social structures. Despite some specificity, the trends in regional education found are quite related to all-Russian processes.Practical significance. The research results can be useful and are already being used when developing and designing vocational development programmes, in particular, they enrich the content of such disciplines as “History of Pedagogy and Education”, “History”, various special courses and curriculum units, concerning the issues on the state and prospects of technical and vocational education. In addition, the research materials can be used for developing regional educational policy.

On the issue of the optimal procedural form of judicial control over the observance of the right to freedom and personal integrity

2019 ◽  
pp. 372-384
Author(s):  
Nataliya Anatolevna Buraschnickova
Keyword(s):  
Russian Federation ◽  
Personal Integrity ◽  
Distinctive Features ◽  
Judicial Control ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Judicial Procedure ◽  
The Individual ◽  
Administrative Proceedings ◽  
The Right

The study is devoted to the analysis of the procedural form of consideration by the courts of the Russian Federation of administrative cases related to the implementation of judicial control over the observance of the right to freedom and personal inviolability. We give the main characteristics of material public legal relations, within which the state may exercise the statutory restriction of the right of the individual to freedom and inviolability. As a result of a study we come to a conclusion that the essence of these legal relations predetermines the necessity of functioning in the Russian Federation of preliminary judicial control over observance of the right to freedom and personal inviolability as the most effective guarantee of prevention of arbitrary and illegal restriction of this right. The nature of material legal relations and the nature of the law protected by the court indicate the need to consider such cases in the order of special administrative proceedings, the distinctive features of which are formulated by the author. The suggestions we give on amendments to the legislation on administrative judicial procedure aimed at the selection of cases on judicial review in cases of “special administrative procedure” with the establishment of the Code of administrative procedure of the Russian Federation the unified rules and regulations governing the handling all types of cases involving the exercise of judicial control over observance of the rights of citizens and organizations.

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.

scholarly journals Principles of legal proceedings in the Code of administrative proceedings and in the Civil procedure code

2020 ◽  
Vol 4 (3) ◽  
pp. 139-147
Author(s):  
Lydia A. Terekhova
Keyword(s):  
Characteristic Feature ◽  
Civil Procedure ◽  
Independent System ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Civil Proceedings ◽  
Rules Of Evidence ◽  
The Subject ◽  
Administrative Proceedings

The subject. The system of principles of legal proceedings is one of the indicators of the independence of the type of legal proceedings. The article analyzes the general and distinctive features of the principles enshrined in the Russian Civil Procedure Сode and the Code of Administrative Procedure. The purpose of the article is confirmation or confutation of the hypothesis that there is no independent system of principles of administrative proceedings that differs from the system of principles of civil proceedings. The methodology of the study includes the formal legal method, analysis, synthesis. The main results. All of the principles enshrined in the Code of Administrative Procedure are also enshrined in the Civil Procedure Code except some minor characteristics. So, the active role of the court, involving a number of exceptions to the usual rules of evidence, was also characteristic of the regulation of the consideration of cases arising from public legal relations in the Code of Civil Procedure. The court’s active actions to determine the subject of evidence, to recover evidence are general rules of evidence for all types of proceedings. These rules existed both before the adoption of the Code of Administrative Procedure and after it. But the specifics of the execution of judicial acts adopted in cases of administrative proceedings require special attention. A characteristic feature in the consideration and resolution of most administrative cases is the immediate execution of decisions enshrined directly in the Code of Administrative Procedure. Such a rule can be considered as a priority of immediate execution, which is a characteristic feature of administrative proceedings. The author doubts about the need for normative consolidation of the principles, as well as the need for a special list of principles of administrative legal proceedings in separate article of the procedural code. Conclusons. The absence of an independent system of administrative procedural principles confirms the thesis that administrative proceedings cannot be considered an independent branch of law separated from civil proceedings law. However, the priority of immediate execution of a court decision is a characteristic feature (perhaps even a principle) of administrative proceedings.

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