scholarly journals Problematyka właściwego wyeksponowania zabytków ruchomych z perspektywy administracyjnoprawnej

2020 ◽  
pp. 45-60
Author(s):  
Agata Lizak
Keyword(s):  
Interior Design ◽  
Administrative Law ◽  
Legal Provisions ◽  
Legal Restriction ◽  
Scientific Value

The problem of adequate display of movable monuments from the perspective of administrative law As regards the Act of 23rd July 2003 on the Protection of Monuments and the Guardianship of Monuments, there are no regulations directly addressing the problem of display of movable monuments. Yet, similarly to immovable monuments’ surroundings (which are legally protected under certain conditions), movable heritage surroundings may also exert an influence on objects’ historic, artistic or scientific value. This article examines four main aspects of the aforementioned problem, including a discussion on how and in which cases the protection of immovable monuments may automatically ensure the protection of movable property’s surroundings. Moreover, this analysis concerns the scope of the legal restriction of permanent relocation of movable monuments, violating traditional notions of interior design. Next, attention is given to the specific protection of monument surroun letter analysis of current legal provisions, the analysis comprises elements of the historic evolution of regulation in this context. Furthermore, an attempt to formulate postulates de lege ferenda has been made.

scholarly journals The Principles of Administrative Law as a Prism for Assessing the Content of Normative and Legal Provisions: Opportunities for Identifying the Problems and Solutions

2019 ◽  
Vol 87 (4) ◽  
pp. 104-116
Author(s):  
V. O. Ivantsov
Keyword(s):  
Rule Of Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Charitable Organizations ◽  
The Rule Of Law ◽  
Legal Provisions ◽  
The Law ◽  
The Individual ◽  
Corruption Prevention

The author of the article assesses the content of administrative normative and legal acts (on the example of legal regulation of restrictions on receiving gifts) through the prism of modern understanding of the principles of administrative law, which made it possible to distinguish a number of problems for determining the content of some of them and to work out the ways to solve them, namely: 1) Having studied the norms of the laws of Ukraine “On Prevention of Corruption” and “On Charitable Activities and Charitable Organizations” through the prism of the principle of humanism and justice in the relations between the individual and the state, it is proved that the legal possibility in the sphere of legal relations in the sphere cannot be restricted (forbidden) humanism and charity; 2) an analysis of the law enforcement practice of implementing the prohibition on gift giving has often revealed a flagrant violation of the rule of law; emphasized that ensuring the legal certainty of the described ban can be ensured by revealing its content by the National Anti-Corruption Agency; 3) installed: – uncertainty about the specific characteristics of “allowed gifts”, which requires amendments to the Law of Ukraine “On Corruption Prevention” to exclude them or to provide clear explanations within the framework of the NACC Guidelines; – violation of the provisions of the Typical Anti-Corruption Program of a Legal Entity approved by the Decision of NAPC No. 75 dated from March 2, 2017 No. 75 on the principle of hierarchical highness of law, which requires amendments to them in accordance with the provisions of the Art. 23 of the Law of Ukraine "On Prevention of Corruption", which defines uniform rules for determining the amount of "allowed gift"; – the content of the concept of "gift" does not correspond to such an important element of the rule of law as "prohibition of discrimination and equality before the law", which requires amendments to the Law of Ukraine "On Prevention of Corruption" in the part of the correction of the concept of "gift" as such is bounded by the restriction of "family-private" relations not related to the performance of functions of the state or local self-government. As a result, it was found out that the principles of administrative law in order to improve the regulatory acts of the sphere of administrative and legal regulation are: 1) as a criterion for assessing the content of provisions of regulatory legal acts, resulting in the isolation of their shortcomings; 2) legal bases for elaboration of amendments and additions to administrative normative legal acts.

scholarly journals “HINDRANCES IN THE EXERCISE OF FUNCTIONS” OF ADMINISTRATION: DEFECTIVE/ILLEGAL ADMINISTRATIVE ACTS, CONTROL MECHANISM

2020 ◽  
pp. 78-88
Author(s):  
Stefanos Kareklas
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Control Mechanism ◽  
Administrative Law ◽  
Medium Term ◽  
State Institutions ◽  
The Public ◽  
Legal Provisions ◽  
Legal Remedies ◽  
Principle Of Legality

The article discusses the issues of the availability and legal repercussions of illegal administrative acts according to Greek Administrative Law. Following the principle of legality, the operation of the public administration and especially the issuing of administrative decisions should be fully governed by the relevant legal provisions; nevertheless, it rather often happens that decisions are taken, which are partially or completely in violation of legal provisions. Despite that fact, and due to the existing principle of enforcement of administrative decisions independently of their legal status (presumption of legality of the administrative decisions issued), even illegal decisions are producing legal results and have to be removed or suspended in order to re-establish legality. The article presents various types and categories of problematic decisions. This issue is provided according to the theory of Administrative Law in Greece. In addition, the legal remedies foreseen for restitution of legality; the author considers other remedies and procedural functions, which can be applied either by the institutions themselves or by the citizens whose rights were negatively affected by the problematic decision. Even though the situation at the legislative level seems to be satisfactory, the current manifold crisis of the country has led to the (pretty often conscientious) production of extremely defective and illegal decisions, the suspension of which requires time and resources. Whereas the citizens involved have to struggle to maintain their rightful status or even to survive socially and economically. The quantity of such decisions of the administrative and state institutions is reaching a threshold which can be considered risky and dangerous not only for the parties involved but in the medium-term also for the overall democratic structure of the country’s executive and administration.

SPECIFICS OF COMBATING CORRUPTION IN THE CIVIL SERVICE OF THE RUSSIAN FEDERATION WITH THE USE OF ADMINISTRATIVE LAW MECHANISMS

2016 ◽  
Vol 11 (1) ◽  
pp. 107-113
Author(s):  
Гончарук ◽  
Natalya Goncharuk
Keyword(s):  
Russian Federation ◽  
Civil Service ◽  
Legal Liability ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Provisions ◽  
Administrative Procedures ◽  
The Subject ◽  
The Russian Federation ◽  
Law Making

The article provides analytical information on anti-corruption in the system of the civil service of the Russian Federation. The article presents the rationale for further elaboration of decisions on combating corruption at the level of administrative law-making and enforcement of administrative law, because the existing legal provisions should find their content in all kinds of legal liability. It is in the field of administrative legal regulation the concrete mechanisms of combating corruption should be enhanced, gaps should be eliminated, creating opportunities for corruption, the formed schemes of corrupt interaction should be destroyed. A similar situation exists in the scientific coverage of the problems of combating corruption. The existing monographic publications and sources on the subject widely present the strategic and tactical aspects, however, questions on the use of administrative procedures and anti-corruption mechanisms need to be further developed.

scholarly journals The Convention for the Protection of Human Rights and Fundamental Freedoms in the System of Sources of Legal Regulation of the Administration of Justice in Administrative Offences

2020 ◽  
Vol 15 (12) ◽  
pp. 57-64
Author(s):  
O. V. Pankova
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal System ◽  
Legal Regulation ◽  
Administrative Law ◽  
International Treaties ◽  
Legal Provisions ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Russian Federation

The paper presents the author’s view of the problem of interaction between international and national administrative law and attempts to determine the place of the Convention on the Protection of Human Rights and Fundamental Freedoms in the Russian legal system and the administrative and tort legislation of the country. Based on the analysis of different points of view, the conclusion is enunciated that international treaties ratified by the Russian Federation are incorporated into the general body of administrative legislation; and they constitute a source of administrative law in the part in which they contain legal provisions governing the administrative and legal status of citizens, as well as guarantees of its implementation, including guarantees of equitable justice in cases arising from public law relations and administrative and tort cases. In this regards, the author analyzes the provisions of Article 1.1 of the Administrative Code of the Russian Federation, determining the place and role of universally recognized principles and norms of international law and international treaties of the Russian Federation in the system of sources of administrative and tort law—the author refers the Convention for the Protection of Human Rights and Fundamental Freedoms to the sources mentioned above. The paper considers this Convention as an international treaty of the Russian Federation that not only regulates interstate relations, but also actively invades the regulation of procedural administrative responsibility, since it establishes the general parameters of a fair trial in administrative and tort cases. The paper also pays attention to the implementation in the draft Code of Administrative Offences of the Russian Federation and the Procedural Code of the Russian Federation on Administrative Offences of the Constitutional Principle concerning international legal norms in the legal system of the Russian Federation.

scholarly journals SAND IN THE GEARBOX OF THE FUNCTIONING OF PUBLIC ADMINISTRATION: DEFECTIVE/ILLEGAL ADMINISTRATIVE ACT AND ITS CONTROL

2019 ◽  
pp. 15-25
Author(s):  
Stefanos Kareklas
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Administrative Law ◽  
Medium Term ◽  
State Institutions ◽  
The Public ◽  
Legal Provisions ◽  
Legal Remedies ◽  
Administrative Act ◽  
Principle Of Legality

The article discusses the issue of the existence and legal repercussions of illegal administrative acts according to Greek Administrative Law. Following the principle of legality, the operation of the public administration and especially the issuing of administrative decisions should be fully governed by the relevant legal provisions; nevertheless, it rather often happens that decisions are taken, which are partially or completely in violation of legal provisions. Despite that fact, and due to the existing principle of enforcement of administrative decisions independently of their legal status (presumption of legality of the administrative decisions issued), even illegal decisions are producing legal results and have to be removed or suspended in order to re-establish legality. In the article the various types and categories of problematic decisions are presented. This issue is presented according to the theory of Administrative Law in Greece. In addition, the legal remedies foreseen for restitution of legality, other remedies and procedural functions are considered, which can be employed either by the institutions themselves or by the citizens negatively affected in their rights by the problematic decision. Even though the situation at legislative level seems to be satisfactory, the current manifold crisis of the country has led to the (pretty often conscientious) production of uncommonly many incorrect and illegal decisions, the suspension of which requires time and resources, whereas in the meantime the citizens involved have to struggle to maintain their rightful status or even to merely socially and economically survive. The quantity of such decisions of the administrative and State-institutions is reaching a threshold which can be considered risky and dangerous, not only for the parties involved but in the medium-term also for the overall democratic structure of the country’s executive and administration.

scholarly journals Penyeragaman Fatwa Berhubung Isu-Isu Wakaf di Malaysia: Satu Sorotan Awal

2018 ◽  
Vol 9 (1) ◽  
pp. 110-128
Author(s):  
Muhammad Fathullah al-Haq Muhammad Asni ◽  
Jasni Sulong
Keyword(s):  
Real Estate ◽  
Administrative Law ◽  
Middle Way ◽  
Legal Provisions ◽  
Wide Range ◽  
Islamic Jurisprudence

 Waqf is a part of the field in Islamic jurisprudence related to economic affairs of Muslims. It is derived from hadith of Ibn Umar that Prophet Muhammad (pbuh) ordered to invest the original property, or waqf, and profits generated will be distributed in the form of donation. In other words, this hadith consists of two components whereby the waqf will remain permanent and used only for investment, and profits generated will be used for the benefits of others. Based on this hadith, fiqh development of the waqf has grown rapidly, which not only involves immovable property but are now more beginning to involve movable property. Issues related to fiqh and waqf fatwa commonly discussed include permissibility of istibdal waqf property, waqf of movable property, cash waqf and temporary waqf (mu'aqqat) such as those involving real estate lease-holds. With regards to these issues, different opinions on the permissibility of such waqf have emerged and questions arise in the enactment of legislation about waqf property. This is because from the perspective of governance, to ensure that the enforcement of waqf laws are consistent throughout the countries, there is a need to draw out a set of clear guidelines to be followed despite a wide range of different opinions. Based on these questions, a study will be conducted in Malaysia to investigate the situation of fiqh differences concerning waqf, the possibility of generating one standardised guideline among all states regarding waqf and fatwas, and its implementation in Malaysia. This research will be conducted qualitatively by referencing the debates in the books of fiqh, legal provisions and circulars related to administrative law of waqf property. The study will investigate the issues that have resulted in different views concerning waqf and methods to harmonise these waqf fatwa by finding an appropriate middle way (rajih). This is to ensure that the views underpinning the legislation of fatwa and legislation will be justifiable, uniform among all states and acceptable to all parties. Keywords: endowments, khilaf, fatwa, standardisation, law. Abstrak Wakaf adalah merupakan sebahagian antara bidang dalam perundangan Islam yang berkaitan dengan hal ehwal ekonomi umat Islam. Pensyariatan wakaf adalah berasal daripada hadith Ibnu Umar di mana Rasulullah SAW memerintahkan supaya ditahan asal harta dan disedekahkan hasilnya. Hadith ini menghasilkan dua elemen dalam harta wakaf iaitu harta yang kekal dan manfaat yang boleh dinikmati daripadanya. Berasaskan hadith ini, perkembangan fekah mengenai wakaf telah berkembang dengan pesat yang bukan sahaja melibatkan harta tak alih tetapi kini meluas sehingga melibatkan harta alih. Antara isu yang biasa dibincangkan berkaitan dengan fekah dan fatwa wakaf ialah keharusan istibdal harta wakaf, wakaf dengan harta alih, wakaf dengan wang tunai dan wakaf yang dilakukan untuk sementara waktu (mu’aqqat) seperti yang melibatkan hartanah lease-hold. Bertitik tolak daripada perbahasan-perbahasan ini, terdapat pelbagai pandangan di kalangan mufti mengenai isu-isu wakaf sehingga menimbulkan pelbagai pandangan untuk digubal dalam undang-undang mengenai harta wakaf. Ini kerana dalam pentadbiran dan pengurusan, hanya satu pandangan yang dipilih untuk dimasukkan sebagai pandangan yang diterimapakai untuk pelaksanaan bagi memastikan pentadbiran undang-undang dilaksanakan dengan teratur dan konsisten. Berasaskan kepelbagaian pandangan ini, kajian akan dilakukan dalam situasi di Malaysia bagi menyelidik kedudukan perbezaan pandangan fuqaha’ dalam hal ehwal wakaf, penyeragaman pandangan dan fatwa, serta pelaksanaannya di Malaysia. Penyelidikan ini akan dilakukan secara kualitatif dengan merujuk kepada perbahasan kitab-kitab fekah, peruntukan undang-undang dan pekeliling yang berkaitan dengan undang-undang pentadbiran harta wakaf. Oleh itu, penyelidik akan menyelidik isu-isu yang menyebabkan berlakunya perbezaan pandangan tersebut dan kaedah untuk mengharmonikan fatwa wakaf ini dengan mengenal pasti pendapat yang paling kuat dari sudut dalil dan maslahah (rajih). Ini bagi memastikan pandangan yang dipilih untuk fatwa dan penggubalan undang-undang menjadi kuat dan kukuh, seragam antara semua negeri dan dapat diterima oleh semua pihak. Kata kunci: wakaf, khilaf, fatwa, penyeragaman, undang-undang.

From meditation to action – a research agenda for studying informal global rule-making: remarks on ‘Cosmopolitanism, publicity, and the emergence of a “global administrative law”’

2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter
Keyword(s):  
Global Governance ◽  
Comparative Research ◽  
Research Agenda ◽  
Institutional Design ◽  
Administrative Law ◽  
Democratic Legitimacy ◽  
Institutional Architecture ◽  
Global Law ◽  
Rule Making ◽  
Law Making

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.

Dysphagia Services in Schools: Applying Special Education Requirements to a Health Service

2009 ◽  
Vol 18 (3) ◽  
pp. 86-90 ◽  
Author(s):  
Lissa Power-deFur
Keyword(s):  
Special Education ◽  
Health Service ◽  
Due Process ◽  
Due Process Hearings ◽  
Related Services ◽  
Eligibility Determination ◽  
Legal Provisions ◽  
Provision Of Services ◽  
Related Service ◽  
Specially Designed Instruction

Abstract School speech-language pathologists and districts frequently need guidance regarding how the legal provisions of special education affect the needs of children with dysphagia. This article reviews key principles of special education that guide eligibility determination and provision of services to all children. In the eligibility process, the school team would determine if the child's disability has an adverse effect on his/her education program and if the child needed special education (specially designed instruction) and related services. Dysphagia services would be considered a related service, a health service needed for the child to benefit from specially designed instruction. The article concludes with recommendations for practice that stem from a review of due process hearings and court cases for children with disabilities that include swallowing.

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