Regulatory Framework and the Procedure for Canceling and Declaring Illegal (Invalid) Administrative Enforcement Acts

2020 ◽  
Vol 8 ◽  
pp. 5-14
Author(s):  
S. V. Yarkovoy ◽  
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Regulatory Framework ◽  
Assessment Methods ◽  
Federal Legislation ◽  
Legal Assessment ◽  
General Rules ◽  
Legal Mechanism ◽  
Legal Consequences

The article analyzes the norms of the current federal legislation governing the procedure for non-judicial and judicial review (cancellation, recognition as illegal or invalid) of enforcement acts of executive authorities and other public administration bodies. The Author notes the absence of a unified legal mechanism for the mentioned types of revision and points out the need for its development and consolidation in the federal administrative-procedural legislation. In order to formulate unified general rules for revising administrative enforcement acts, the necessity of solving a number of crucial issues of the theory of illegality (invalidity) of such acts, in particular, their invalidity and viability, defining criteria for their legal assessment, methods and legal consequences of their cancellation, is substantiated and possible answers are offered to these questions.

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 IMPROVING THE IMPLEMENTATION OF ADMINISTRATIVE AND LEGAL MEASURES FOR THE PREVENTION OF OFFENSES AGAINST OFFICIALS OF PUBLIC ADMINISTRATION BODIES

2020 ◽  
Vol 33 (20) ◽  
pp. 88-94
Author(s):  
U. Y. Rusanyuk
Keyword(s):  
Public Administration ◽  
Social Activity ◽  
Organizational Factors ◽  
Regulatory Framework ◽  
Negative Consequences ◽  
Preventive Work ◽  
Systematic Development ◽  
Work Coordination ◽  
The Impact ◽  
Technical Measures

The article is devoted to the identification of ways of increasing the efficiency of the implementation of administrative and legal measures for the prevention of offenses by officials of public administration bodies. Ways to increase the efficiency of the implementation of administrative and legal measures for the prevention of offenses of officials of public administration bodies are differentiated into organizational, methodological, information, technical and legal. The article substantiates that organizational factors of increasing the efficiency of the implementation of administrative and legal measures for the prevention of offenses of officials of public administration are aimed at neutralizing and reducing the impact of the negative consequences of violation of the performance of official duties by these officials. Among the organizational ways of improving the efficiency of the implementation of administrative and legal measures for the prevention of offenses of officials of public administration, bodies are the improvement of the system of subjects of such activity, forms and methods of preventive work, coordination of their efforts in counteracting offenses in the system of public administration. It is determined that the key to improving the implementation of administrative and legal measures for the prevention of offenses of officials of public administration is the systematic development of methodological recommendations for subdivisions (officials) of public administration on the prevention of offenses of official nature, the implementation of special training for the purpose of training which may lead to the commission of offenses by an official. The article is devoted to the analysis of technical measures of prevention of offenses of officials of public administration bodies, covering special technologies, rules, means that prevent the occurrence of negative consequences in the process of social activity of people, committing offenses. The article substantiates that improving the implementation of administrative and legal measures for the prevention of offenses of officials of public administration requires the development of a clear regulatory framework for the neutralization of conditions that facilitate the commission of administrative offenses. Keywords: offenses, public administration bodies, officials, prevention of offenses, administrative and legal measures of prevention of offenses of public administration officials, counteraction to offenses.

scholarly journals THE EXPRESS WILL OF A PATIENT: TYPOLOGY BY NATURE OF ITS ORIGIN

2017 ◽  
Vol 1 (9) ◽  
pp. 78
Author(s):  
Liga Mazure
Keyword(s):  
Medical Treatment ◽  
Legal Status ◽  
Comparative Method ◽  
Civil Law ◽  
Classification Criteria ◽  
Regulatory Framework ◽  
Legal Practice ◽  
Historical Method ◽  
Legal Nature ◽  
Legal Consequences

The patient's express will, in accordance with the nature of its origin, could be categorized into initial and derivative express will. However, the regulatory framework is insufficient in Latvia, considering the significance of these institutes in the civil-law protection of the patient's express will and their specificity of different legal nature.The aim of the research is to carry out the analysis of the patient's express will types according to the nature of origin, to determine regulatory gaps and propose certain solutions for the elimination of the identified gaps. In order to achieve the aim, the following objectives are set: 1) to analyse the patient's express will classification according to various classification criteria; 2) to study legal nature of patient's consent; 3) to assess patient's refusal of a medical treatment and its legal consequences; 4) to analyse withdrawal by a patient as a derivative express will. The following research methods are applied in the paper: semantic method; grammatical method; historical method; comparative method; systemic method; teleological method. Research hypothesis: if all the patient’s express will types based on the nature of origin are regulated in detail, the legal status of a patient in medical treatment legal relations will be improved and stabilized. Literature, regulatory acts and legal practice materials are applied in the research as information resources.The author has developed the principles regarding the patient's express will types based on the nature of origin, which are in accordance with the legal system of Latvia and should be implemented in the regulatory framework, thus improving the civil law protection of patient's express will.

Directions of development of administrative courts’ jurisprudence in real property cases in 2020: Selected Aspects (Part I)

2021 ◽  
Vol I (I) ◽  
pp. 109-133
Author(s):  
Anna Dalkowska ◽  
Karol Rzęsiewicz
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Capital City ◽  
Official Journal ◽  
Real Property ◽  
Judicial Decisions ◽  
The Status ◽  
The Subject ◽  
Administrative Courts ◽  
Administrative Proceedings

Jurisprudence of administrative courts on various aspects of real property law is extensive and multi- faceted. The main bulk of cases concerns real properties which are subject to the reprivatisation process that, in the absence of final solutions to re-privatisation predicaments and the multi-faceted effects of the Decree of 26 October 1945 on the Ownership and Use of Land Within the Boundaries of the Capital City of Warszawa, hereinafter referred to as the “Warsaw Decree” (promulgated in the official journal “Dziennik Ustaw” of 21 November 1945, No 50, item 279), which remains in force for over seventy years, are often the subject of judicial review of administrative decisions. Administrative court rulings play a significant role in real property cases and set the directions for future decisions by public administration bodies. The analysis of judicial rulings in real property cases will be limited to selected problems, which, given differing interpretations, are the cause of discrepancies in judicial decisions in administrative courts. This paper, which is the first part of the study, covers jurisprudence on the premise of death of a party during administrative proceedings, which has an impact on the potential invalidity of a decision and its ex tunc effects as well as the status of a party in real property proceedings.

Internal review systems and administrative justice

2021 ◽  
Author(s):  
Tom Mullen
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Judicial Review ◽  
Cost Effective ◽  
Administrative Organization ◽  
Initial Decision ◽  
Internal Review ◽  
Administrative Justice

Internal review is a process whereby an administrative organization reconsiders its own decisions. The rationales typically offered for internal review are that it provides a means of challenging administrative decisions which is more accessible, quicker, and more cost-effective than external remedies such as appeals to tribunal and judicial review, and encourages improvement in the quality of initial decision-making in public administration. This chapter reviews the use made of internal review and evaluates the performance of several existing systems of internal review, concluding that they have failed to deliver the benefits claimed for them. Possible reasons for this failure are discussed and suggestions made as to what is required for internal review systems to achieve the aims to providing effective remedies for bad decisions and to contributing to improving initial decision-making.

REGULATORY AND LEGAL SUPPORT OF PUBLIC ADMINISTRATION IN THE ACTIVITIES OF THE COURT STAFF

2017 ◽  
Author(s):  
Artem Shcherbak ◽  
Keyword(s):  
International Law ◽  
Public Administration ◽  
Complex Analysis ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Local Action ◽  
Scientific Article ◽  
Organization Of Work ◽  
National Legislation ◽  
Administrative Organization

The scientific article is devoted to the formation of a system of normative legal acts that make up the normative and legal support of public administration in the activity of the court staff. Today there are many different regulations, which are constantly amended and supplemented, which necessitates systematic work in terms of their harmonization and alignment. The constant development of legislation in the system of public administration of the court staff in Ukraine is so dynamic that it requires urgent systematization. Therefore, the systematized and clearly formed legislation is a guarantee of efficiency, effectiveness and appropriateness of public administration of the court staff. It is established that the basis for the functioning of the system of public administration of the court staff is the Constitution of Ukraine, as well as laws and regulations. It is determined that the entire regulatory framework, which governs the system of public administration of the court staff is divided into two groups: 1) the rules of international law; 2) norms of national legislation. Considering the system of normative legal acts in the researched sphere, it is noted that ensuring the work of the court staff is carried out with the help of certain normative rules, which, in turn, regulate the administrative organization of the court staff. The complex analysis of normative-legal acts, which are reflected in laws and by-laws, determines the place of public administration in the court staff. It is proved that this system-forming chain of normative-legal acts, acts of departmental character and local action, creates levers of influence on the organization of work of the court staff. It should be noted that the analysis of regulations in the field of public administration of the court staff shows the lack of systematization of the legal framework, namely the dispersion of rules on various pieces of legislation, which greatly complicates the process of proper implementation of public administration.

Judicial Review of Administration in Europe

2021 ◽  
Author(s):  
Giacinto della Cananea ◽  
Mauro Bussani
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Common Core ◽  
Legal Systems ◽  
The European Union ◽  
Council Of Europe ◽  
Administrative Action ◽  
Core Method ◽  
The Common ◽  
The Comparative Study

This book is about judicial review of public administration. Many have regarded this as dividing European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveal not only differences but also some common and connecting elements, in a ‘common core’ perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are more or less distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the ‘common core’ method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a ‘common core’ exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

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'.

Sign in / Sign up

Export Citation Format

Share Document