The Main Features of the Law Amending the General Administrative Procedure Act

10.4335/32 ◽  
2009 ◽  
Vol 6 (1) ◽  
pp. 71-86
Author(s):  
Tjaša Ivanc
Keyword(s):  
Decision Making ◽  
Key Words ◽  
Cost Effective ◽  
Effective Procedure ◽  
Legal Regulations ◽  
Administrative Procedure ◽  
Electronic Service ◽  
Administrative Procedures ◽  
The Law ◽  
The Right

The Law Amending the General Administrative Procedure Act refers to a variety of provisions. New solutions should contribute to a more rapid, more efficient and more cost-effective procedure. Primarily due to elimination of the inconsistent use of individual provisions in practice, the amending law regulates more definitely the issues of authorising the persons to manage and make decisions at different decision-making levels in administrative procedures in municipalities. The law also develops electronic operations and it especially amends the electronic service provisions. There is a fairly large number of amendments in the Service Chapter. And an important novelty needs to be emphasized. This is the institute of the waiver of the right to appeal which the General Administrative Procedure Act did not know. However, it is well-known in foreign legal regulations and in the Construction Act adopted in our country. KEY WORDS: • administrative procedure • electronic operations • right to appeal

scholarly journals Procedure to Making Decisions in Administrative Proceedings Under the General Administrative Procedure / Postupak do donošenja rješenja u upravnom postupku po zakonu o opštem upravnom postupku republike srpske

2015 ◽  
Vol 5 (5) ◽  
pp. 199
Author(s):  
Млађен Мандић ◽  
Наташа Слагало
Keyword(s):  
Test Procedure ◽  
Cost Effective ◽  
Paper Briefly ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
The Law ◽  
The Republic ◽  
Simplified Procedure ◽  
Special Examination ◽  
Administrative Proceedings

The paper analyzes the regulation of the institute of the test procedure, especially institutes simplified procedure, as well as administrative actions to the decision in the Law on Administrative Procedure of the Republic of Srpska. Specially processed actions authorized officials in this part of the administrative procedure, which can take place to resolve the administrative matter.Thus, first, in the preamble emphasizes the importance that arranging direct solving has to conduct efficient and cost-effective administrative procedures. In the central part of the shortened institutes and special examination procedures are analyzed in detail, with particular attention paid compared institute immediate resolution of the Institute a summary procedure .. In conclusion, the paper briefly discusses the work point out the basic problems and theses, and stresses the duty of officials and that when immediate resolution of protecting the rights of the parties.

scholarly journals THE IDEA OF FRANCHISE AS A MODERN CONCEPT OF ENTERPRISE MANAGEMENT: THE EXPERIENCE OF POLAND

2020 ◽  
Vol 19 (Vol 19, No 2 (2020)) ◽  
pp. 265-282
Author(s):  
Stanisław SZMITKA
Keyword(s):  
Code Of Ethics ◽  
Cost Effective ◽  
Enterprise Management ◽  
Modern Concept ◽  
Legal Regulations ◽  
Industrial Property ◽  
Consumer Rights ◽  
The World ◽  
European Code ◽  
The Law

Over the years, the franchise has become an attractive model for the sale of products and services, as well as a means of developing the franchisor’s business. Franchising systems around the world have become very popular among franchisees, who receive an already proven cost-effective business model in exchange for payments, purchases and other services from the franchisor. These systems also bring intangible benefits in the form of encouraging the promotion of entrepreneurship in society. Polish franchise legislation has systematic nature and is based on the Civil Code, the Law on Industrial Property, the Law on Combating Unfair Competition, the Law on Protection of Competition and Consumer Rights, the Law on Copyright and Related Rights, European Code of Ethics for Franchising. Taking into account the legal regulations, the mechanism of the Polish model of franchising is revealed and the newest forms of its use in business activity are distinguished.

Finding Cost-Effective Applications for Expert Systems

1993 ◽  
Vol 115 (1) ◽  
pp. 56-61
Author(s):  
P. J. Hartman
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Expert Systems ◽  
Processing Speed ◽  
Development Process ◽  
Cost Effective ◽  
Risk Assessments ◽  
Problem Complexity ◽  
Practical Application ◽  
The Right

Expert systems are one of the few areas of artificial intelligence which have successfully made the transition from research and development to practical application. The key to fielding a successful expert system is finding the right problem to solve. AI costs, including all the development and testing, are so high that the problems must be very important to justify the effort. This paper develops a systematic way of trying to predict the future. It provides robust decision-making criteria, which can be used to predict the success or failure of proposed expert systems. The methods focus on eliminating obviously unsuitable problems and performing risk assessments and cost evaluations of the program. These assessments include evaluation of need, problem complexity, value, user experience, and the processing speed required. If an application proves feasible, the information generated during the decision phase can be then used to speed the development process.

scholarly journals Legislation on Administrative Procedures: The German Experience

2021 ◽  
Vol 18 (2) ◽  
pp. 204-215
Author(s):  
A. D. Maile
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Procedural Law ◽  
General Order ◽  
Administrative Procedures ◽  
Administrative Act ◽  
The Law

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.

scholarly journals Batasan Rumah Susun Yang Dijadikan Agunan Pada Bank

2018 ◽  
Vol 8 (1) ◽  
pp. 256-277
Author(s):  
Rizal Bahrudin ◽  
J. Andy Hartanto
Keyword(s):  
Key Words ◽  
Legal Consideration ◽  
The Law ◽  
Credit Agreement ◽  
The Right ◽  
Independent Property ◽  
Take All

Abstract: This article discusses existence and the authority of certificate executorial of guarantee right to ownership right of apartment as loan collateral in credit agreement in bank. The law of Apartment has become object of collateral which can be burdened with the law of Guarantee Right and can only be subject of ownership right on apartment because it is an independent property. The legal consideration of execution for guarantee right on apartment is stipulated in article 20 of the law, in which object of guarantee right is sold through public auction and certificate holder of guarantee right is entitled to take all or part of the revenue to pay debts with the right before other creditors. The article suggests that when applying the principle of prudence, banks would not be able to channel loan or credit without collateral. Ownership right on apartment may be used as object of credit collateral and bound with guarantee right. Key words: Apartment, collateral, credit

scholarly journals PROTECTION OF ECONOMIC COMPETITION: AN OVERVIEW OF THE LATEST LEGISLATIVE NOVELTIES

2019 ◽  
pp. 165-171
Author(s):  
Sergii Shkliar ◽  
Olha Bulaieva
Keyword(s):  
Decision Making ◽  
European Union ◽  
Procedural Justice ◽  
Third Party ◽  
The European Union ◽  
Economic Competition ◽  
Time Limits ◽  
The Third ◽  
The Law ◽  
The Right

Purpose. The article is dedicated to the analysis of the main changes introduced by the Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition”. Methods. Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” proposes the implementation of several novelties. Among them are: the restriction for the Antimonopoly Committee of Ukraine by certain time limits for considering cases; possibility of extension of the term for consideration of cases by decision of the Committee’s State Commissioner or head of a territorial office; renewal of deadlines for consideration of cases where the respondent is replaced or a co-respondent is involved; provision for the consequences of missing the deadlines for considering cases and also the mechanism of consultations during the consideration of a case, which may be appointed either on the initiative of the Antimonopoly Committee of Ukraine or on the motion of interested persons. Results. The abovementioned amendments will influence the existing system of economic competition protection in a serious way. Among the changes are: – the fine for delayed payment of a fine imposed by the Antimonopoly Committees of Ukraine decision on violation of the legislation on the protection of economic competition is cancelled; – the member of the Antimonopoly Committee of Ukraine who conducted or organized an investigation is deprived of the right to vote in the process of decision-making in the respective case; – the procedure for holding hearings is defined; – recusals and self-recusals are envisaged for the Antimonopoly Committee of Ukraine officers; – the grounds for acquiring the third-party status in a case are changed; – the rights of persons involved in the case are specified and expanded. An important remark of the Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” is that a person that is exempted from liability or whose fine is reduced shall still be liable for damage caused by the violation to other persons. Conclusions. As a result, Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” is expected to become an important step forward in increasing the effectiveness of investigations into violations of the legislation on the protection of economic competition. It can also be regarded as the next step to harmonize Ukrainian legislation with the European Union acquis.

scholarly journals Forms of consumer protection

2021 ◽  
Vol 59 (3) ◽  
pp. 227-267
Author(s):  
Dragan Vujisić ◽  
Milan Rapajić
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Administrative Procedure ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.

Using the law to enhance provision of telemedicine

2000 ◽  
Vol 6 (1_suppl) ◽  
pp. 59-62 ◽  
Author(s):  
L O'shannessy
Keyword(s):  
New South ◽  
New South Wales ◽  
Cost Effective ◽  
New Techniques ◽  
South Wales ◽  
The Law ◽  
The Right

Reference is often made to the law as a barrier to the use and development of telemedicine. In New South Wales, however, it has been recognized that some of the principles behind these ‘legal impediments’ can be used to make services better and more cost-effective. The law offers a range of useful tools relating to the emergence of these new techniques. The responsibility of those in a position to regulate is, quite simply, to pick the right tool.

scholarly journals ADMINISTRATIVE APPEAL

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Barjam Gjishti
Keyword(s):  
Public Administration ◽  
Legal Person ◽  
Central Administration ◽  
The Public ◽  
Administrative Procedure ◽  
Administrative Functions ◽  
State Administration ◽  
Administrative Procedures ◽  
The Right ◽  
First Time

The term public administration in the Albanian legal system identifies the group of state administration bodies / public entities that contribute to the performance and functioning of state administration in matters of its competencies. The provision for the first time defined by the bodies that are part of the public administration is Article 3 of the Code of Administrative Procedure, 1999, repealed by the new Administrative Procedure Code, which provides in Article 3, point 6, “the public organ” bodies that are part of the public administration are those exercising administrative functions. The new Code of Administrative Procedures shall designate as a public administrative body any central administration body, local authority, law enforcement authorities, as long as they perform administrative functions, public entities and any natural or legal person who has been given by law, statute or any other form provided by the legislation in force, the right to exercise administrative functions. All public bodies that do not exercise administrative functions are excluded from this definition.

scholarly journals Prawo do wizerunku w społeczeństwie informacyjnym

2021 ◽  
Vol 7 (1) ◽  
pp. 21-38
Author(s):  
Piotr Horosz ◽  
Agnieszka Grzesiok-Horosz
Keyword(s):  
Information Society ◽  
Critical Analysis ◽  
Moral Rights ◽  
Legal Regulations ◽  
Legal Doctrine ◽  
Legal Nature ◽  
Personal Nature ◽  
The Law ◽  
The Right

The right to one’s image in an information society This article is focused on selected aspects of the right to one’s image. The authors would like to contribute to the ongoing discussion on the legal nature of the right to one’s image. In our opinion, it is not adequate to meet the requirements presented by an information society. Concepts derived from analog techniques are inadequate to meet the requirements of the digital field. The commercialisation of images also means that rights of a personal nature (moral rights) as set by the law are treated as economic ones, which is accepted partially by the legal doctrine and recognized in jurisprudence. The conducted research is supported by the critical analysis of binding legal regulations (Articles 81 and 83 of the Act on Copyright and Related Rights) and followed by de lege ferenda proposals.

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