scholarly journals Monitoring of the Legislative Innovations in the Field of Administrative Procedures in Ukraine

2019 ◽  
pp. 103-113
Author(s):  
Oleh Muza
Keyword(s):  
Legal Regulation ◽  
Judicial Control ◽  
Administrative Procedure ◽  
Private Person ◽  
Legitimate Interests ◽  
Administrative Procedures ◽  
Administrative Body ◽  
Systemic Problems ◽  
Administrative Proceedings ◽  
Discretionary Powers

In the article monitoring of the legislative innovations in the field of administrative procedures on the example of the draft of the Law «On Administrative Procedure» (No. 9456 from 28.12.2018) is done. Despite the existing regulations on the future fate of such drafts, it is important for scientists and public officers to understand the proposed innovations in the field of administrative procedures, given their novelty in comparison with the ideas expressed earlier. Here is given the modern understanding of the institute of administrative procedure: 1) administrative and procedural legal relations arise between a private person and a subject of public powers (mostly administrative body) on the initiative of a private person; 2) the category «administrative procedure» is a general legal phenomenon, which denotes different types of administrative legal relations, in which there is a need to apply elements of the legal process with the aim for comprehensive, full and fair protection of the rights, freedoms and legitimate interests of private persons; 3) the implementation of a particular type of administrative procedure is determined by a separate law or by-law; 4) the main purpose of carrying out the administrative procedure is to achieve the result, duly drawn up by the subject of public power, that is, to adopt an administrative act; 5) all legal disputes arising during or as a result of an administrative procedure shall be settled according to the rules of administrative legal proceedings. The particular attention is paid to three components of efficiency of legal regulation of administrative and procedure relations: 1) the questions of administrative law making during the administrative procedure; 2) the evaluation of procedural elements of the administrative procedure; 3) the amount of discretionary powers of the administrative bodies during the administrative procedures. The author admits that the draft does not take into account the systemic problems in the public administration of Ukraine and defines two forms of control over the lawfulness of the exercise of discretionary powers by administrative bodies – preliminary control by the administrative body and judicial control. Thus it is concluded that the legislative innovations in the field of administrative procedures have the risks of additional restrictions appearance for private persons in the unequal relations with administrative bodies. Declaring the prevailing role of the initiative of private persons in the occurrence of administrative and procedural relations, such initiative sides with the administrative body during the administrative proceedings.

scholarly journals DETERMINING INDIVIDUAL CATEGORIES OF ADMINISTRATIVE PROCEDURES FOR PUBLIC REGISTRATION OF CIVIL STATES WITH ACCOUNTING OF LEGISLATIVE TRANSFORMATIONS

2019 ◽  
pp. 170-173
Author(s):  
O. H. Pohrebniak
Keyword(s):  
Administrative Law ◽  
The Public ◽  
Administrative Procedure ◽  
Modern Development ◽  
The Status ◽  
Civil Status ◽  
Administrative Procedures ◽  
State Registration ◽  
Administrative Proceedings ◽  
Theoretical Developments

The article defines certain peculiarities of administrative proceedings of state registration of marriage and establishment of paternity in Ukraine. It has been established that the procedures for state registration of acts of civil status are types of administrative procedures, it should first be noted that the general normative act which should define the notions and peculiarities of such procedures should be the Law of Ukraine “On the administrative procedure” 2018, which at present time is a project and submitted to the VerkhovnaRada of Ukraine for consideration. As a rule, scholars agree that the administrative procedure is directly related to the activities of the public administration and is an established algorithm for the functioning of the subjects of power. In this case, the procedures for state registration of acts of civil status are no exception. They are a kind of administrative procedures and implemented by state authorities, and in certain cases, and by local self-government bodies. At the same time having its own peculiarities regarding the procedure for implementation and the subject structure of such procedures. It has been established that the modern development of domestic administrative legislation and the practice of its application testifies that at present the administrative procedure as an independent component of administrative law has not yet been fully formed, although, given the active theoretical developments of the representatives of the administrative and legal science on the pages of scientific, journalistic and educational publications concerning the concept, features, types and structure of administrative procedures, and referring to the active legislative development of this tyranny, it is safe to say that the process of the administrative procedure in the structure of administrative law is actively continuing. Therefore, on the basis of theoretical developments and practical features, the author’s understanding of the concept of “administrative procedure of state registration of acts of civil status” is determined. In addition, given the specific features of administrative proceedings for state registration of civil status acts, as well as for a more complete clarification of the status and authority of all participants in certain administrative procedures, the necessary additional introduction of the concept of “implementation of the administrative procedure” is argued. Such category will allow to find out the place, role and authority not only of the administrative body, but also other participants in administrative proceedings. Thus, under the implementation of an administrative procedure, it should be understood as the observance, execution, use and application of procedural steps directed at the consideration and resolution of an administrative case.

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 Separation of jurisdiction of the court of administrative and general jurisdiction in labor disputes

2020 ◽  
pp. 52-58
Author(s):  
K. Kropyvna
Keyword(s):  
Trade Unions ◽  
Labor Relations ◽  
Legal Regulation ◽  
Public Law ◽  
Labor Disputes ◽  
Effective Measure ◽  
Labor Legislation ◽  
Civil Proceedings ◽  
Legitimate Interests ◽  
Administrative Proceedings

The article deals with the issues of legal regulation of procedural relations, as well as the delimitation of the administrative process from civil-procedural activity on the subjects of consideration of labor disputes. It is emphasized that the problem of distinguishing material public law from private is always an important problem. Not all labor relations fall under the signs of private law, in which the rights, freedoms and interests of individuals are protected, but most of them are regulated by labor legislation, which is based on the legislation regulating private relations. However, there are relations that arise between state bodies and citizens governed by labor law, but their regulation falls within the sphere of public law. Disputes arising from these legal relationships are resolved by the administrative court. Protection of certain labor relations is also carried out with the application of administrative liability, cases concerning this are considered by a court of general jurisdiction. The author notes that the legislator provided for the protection of the rights and legitimate interests of workers by the competent authorities to apply measures of administrative coercion. After all, being the main method of administrative activity, persuasion is not always a very effective measure to influence the behavior of those who commit illegal acts. In this regard, the state, protecting the inviolability of the regulated labor relations of the person, his right to work and adequate remuneration, the legitimate interests of citizens, their teams, trade unions, the rights and responsibilities of owners of enterprises, institutions and organizations, authorizes employees authorities to apply coercion to those who are not influenced by persuasion and public influence. Administrative coercion is applied on the basis of persuasion, the means of influence of which have already been exhausted. One of the types of measures of administrative coercion used in the consideration of labor disputes in order to protect labor relations is administrative liability. Cases of this jurisdiction are considered by a court of general jurisdiction. The author defines the criteria for distinguishing between labor disputes, which belong to the competence of the administrative court (considered in administrative proceedings and regulated by the Code of Administrative Procedure of Ukraine) and general jurisdiction (considered in civil proceedings and regulated by the Labor Code).

scholarly journals Changes in the conduct of administrative proceedings in the scope of cadaster database

2018 ◽  
Vol 55 ◽  
pp. 00007
Author(s):  
Ewa Sudoł
Keyword(s):  
Information System ◽  
Spatial Information ◽  
Point Of View ◽  
District Level ◽  
National Geographic ◽  
Government Administration ◽  
Administrative Procedure ◽  
State Register ◽  
Administrative Procedures ◽  
Administrative Proceedings

One of the components of the national spatial information infrastructure database (National Geographic Information System) at the district level is the records database of land and buildings. It is a state register that contains databases related to space and procedures and techniques for collecting, updating, processing and sharing information. A legal system regulating the procedures for keeping, updating and making available subject and object information included in the cadastres database is determined by the proper functioning of the land and buildings register (as part of the geodetic resource). The basis of department work in the field of keeping land and buildings records are primarily provisions of the Codex of Administrative Procedure of the Geodetic and Cartographic Law and regulations in the register of land and buildings. On 1 June 2017, a new Codex of Administrative Procedure came into force. In this paper have been presented the most important changes in conducting of administrative procedures in the field of geodesy at the district level after the aforementioned legal amendment. This paper touched the topics related to, among others, issued principle of resolving doubts in favor of the party (Article 7a), silent settlement of the case (Article 122a), administrative simplified proceedings (Chapter 14), appeal proceedings (Chapter 10). There have been presented examples of the most frequently conducted cases in the field of land and buildings registration in district country with particular emphasis on changes introduced by the latest legal amendments in connection with detailed regulations. The author focused on the logical interpretation of legal changes in order to show the problems connected with their application in practice (from the point of view of the proceedings and local government administration).

scholarly journals Tasks and functions of lawyer in administrative procedure.

2021 ◽  
Vol 3 (3) ◽  
pp. 191-197
Author(s):  
Alaskar Guseynli
Keyword(s):  
Legal Assistance ◽  
Administrative Procedure ◽  
Legitimate Interests ◽  
Administrative Proceedings

The purpose of the article is to define the tasks and functions of a lawyer in the process of his/her representation within the administrative procedure. The study was made using such methods as analysis, synthesis, comparison. It is concluded that a lawyer as a representative in administrative proceedings is a procedural person who performs legal actions within certain tasks, powers granted to him on behalf and in the interests of the person who entered into a contract with him to provide legal assistance to protect rights, freedoms and legitimate interests of the person he represents. Emphasis is placed on the peculiarities of the lawyer's activity in administrative proceedings and research of his functions and tasks in administrative proceedings. It has been noted that the list of lawyer's functions is not exhaustive. Representative and advisory functions are only the basis of a lawyer's activity in the field of administrative proceedings. Ancillary functions in the activities of a lawyer in administrative proceedings can be defined as functions such as preventive, restorative and protective ones. The author has concluded that a lawyer as a representative in administrative proceedings is a procedural person who performs legal actions within the powers granted to him on behalf and in the interests of the person who entered into a contract with him to provide legal assistance to protect the rights, freedoms and legitimate interests of the person. which he represents. The term «lawyer's task in administrative proceedings» should be defined as well-defined, clearly planned scope of work performed by a lawyer in administrative proceedings to protect, represent interests or provide other legal assistance to a client necessary to resolve an administrative case. For the professional solution of tasks in administrative proceedings the lawyer is endowed with the corresponding functions which are the basic directions of activity which are realized by it for protection, representation and rendering of other legal help to the client in administrative case.

ON THE RELATIONSHIP BETWEEN ADMINISTRATIVE JUDICIAL PROCEDURE AND ADMINISTRATIVE PROCEDURE

2021 ◽  
Vol 11 (2) ◽  
pp. 66-79
Author(s):  
R.O. OPALEV
Keyword(s):  
Executive Branch ◽  
Legal Regulation ◽  
Judicial Control ◽  
Administrative Procedure ◽  
Self Sufficiency ◽  
Optimal Coordination ◽  
Pretrial Procedure ◽  
Judicial Procedure ◽  
Procedural Rights ◽  
The Relationship

The article contains an analysis of topical issues of administrative judicial procedure and administrative procedure. The author substantiates the conclusion about self-sufficiency of law of administrative judicial procedure and proposes directions for its further development. This development is associated with the adoption of legislation on the administrative procedure in Russia. This step can resolve a number of conceptual issues: 1) elimination of excessive preliminary judicial control over activities of the executive branch, the use of preliminary judicial control only where it is needed; 2) optimal regulation of pre-trial and judicial proof, as well as the procedure for reimbursement of legal costs; 3) forming of subject of administrative dispute prior to initiation of judicial procedure, which subsequently makes it possible to clearly delineate procedural rights and obligations of the court and the parties of administrative dispute. As a result, it is concluded that the optimal coordination of legal regulation of administrative procedure and legal regulation of administrative judicial procedure should provide the most effective protection of the rights of individuals and legal entities arising from public legal relations. The new legal regulation should not be aimed at restriction of procedural rights (for example, by introducing a mandatory pretrial procedure for resolving of all types of administrative disputes).

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.

scholarly journals The Theory and legal regulation of information support of administrative procedures in Ukraine.

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-14
Author(s):  
Revista Dixi ◽  
Yevhen Leheza ◽  
Iryna Odyntsova. ◽  
Natalia Dmytrenko. ◽  
Nataliia Yuzikova
Keyword(s):  
Scientific Inquiry ◽  
Information Provision ◽  
Legal Framework ◽  
Legal Regulation ◽  
Information Support ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Three Stages ◽  
Concept Of Information

The article is devoted to the analysis of scientific concepts and the legal framework of the concept of information support for administrative legal proceedings. Features and peculiarities of information provision for administrative legal proceedings are studied; its differences from information support for the administrative court are stressed. The author’s definitions of the concept of information support for the administrative procedure and information support for the administrative court are proposed. Three stages of formation of national legislation regulating information provision of administrative legal proceedings are singled out. The system of laws and regulations, which provisions consolidate legal fundamentals of information support for administrative legal proceedings, is clarified. Prospective directions for the development of scientific inquiry in the field of information support for administrative legal proceedings and its legal regulation are revealed.

scholarly journals INVENTORY OF STOCK LAND OF UKRAINE IN THE SYSTEM OF ADMINISTRATIVE PROCEDURES

2020 ◽  
Keyword(s):  
Land Use ◽  
Public Administration ◽  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Perspective Planning

The article is devoted to the analysis of the concept of "administrative procedure" in the mechanism of public management of the land use and protection of the reserve land of Ukraine and the concept of "inventory of reserve land" and its place in the system of administrative procedures. It is determined that one of the promising directions for ensuring the efficiency of the implementation of the system of administrative procedures in the field of natural resources is to intensify the implementation of the state inventory of the reserve lands, the priority use of which is determined by the need to solve strategic complex problems of the development of the Ukrainian state. The purpose of this study is to elucidate the problems of legal regulation of the administrative procedure of the state inventory of lands of the reserve of Ukraine. It is determined that among the features of the administrative procedure in the mechanism of public management in the field of land use and protection are the following: they are related to the activities of public administration bodies; regulated by administrative and legal norms; ensure the consistency of actions that the subject of these relationships must take; their purpose is to ensure the exercise of the rights or obligations of a particular legal entity; applied to resolve a specific issue; entities are public authorities, local self-government bodies and their officials and officials natural and legal persons; entails the onset of external consequences; are completed by the adoption of the relevant administrative act, which is binding. The author investigates organizational and legal prerequisites for land inventory. It is concluded that the administrative procedure of the state inventory of the land of the reserve is the activity of public administration bodies, regulated by administrative norms, which provides for the collection and analysis of the information about the object of inventory and their entry in the State Land Cadastre of Ukraine in order to facilitate the effective use of the state land fund and sale interest. In the course of the conducted research it is determined that the state inventory of the land fund of Ukraine will allow to prevent violations of the land legislation and to ensure effective management of land resources, to carry out perspective planning of their use.

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