scholarly journals Principles of administrative procedural law of Ukraine in the modern conditions of the present time

2021 ◽  
Vol 39 (71) ◽  
pp. 378-386
Author(s):  
Stanislav Denysyuk ◽  
Natalya Lata ◽  
Viktoriia Samonova ◽  
Yevhen Morshynin ◽  
Yelyzaveta Dzihora
Keyword(s):  
Legal Regulation ◽  
Administrative Law ◽  
The Other ◽  
Social Orientation ◽  
Basic Principles ◽  
Basic Properties ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Other Hand

The objective of the research was to analyze the regulations of administrative law and the doctrine of administrative procedural law, in terms of determining the nature and transcendence of the basic principles that underpin its structure, social orientation, and basic properties of the legal regulation of this branch of law, and that, in addition, create the appropriate organizational and functional conditions for administrative procedure activities. Materials and methods of documentary research were implemented. Everything allows us to conclude that the principles of administrative procedural law can be divided into those that directly reflect the specificity and content of this branch of law, determine its characteristics, purpose, objectives, and intention, and, on the other hand, administrative procedural principles, that is, basic principles enshrined in the administrative procedure. It does not undergo significant changes, which determines the nature and content of the activities of all subjects of administrative procedural relations in general.

scholarly journals REVIEW OF THE TEXTBOOK M. I. SMOKOVYCH, V. M. BEVZENKO «ADMINISTRATIVE PROCESS OF UKRAINE: THEORY, PRACTICE»

2021 ◽  
pp. 145-148
Author(s):  
O. I. Mykolenko
Keyword(s):  
Legal Regulation ◽  
Administrative Law ◽  
Administrative Process ◽  
Legal Proceedings ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Administrative Proceedings ◽  
Functional Purpose

Administrative process is a legal phenomenon that causes discussion and controversy among representatives of administrative law and the process both in terms of determining its content, form and functional purpose in the system of legal proceedings, and in terms of subjects, principles and substantive jurisdiction. Thus, the ideas of Ukrainian scholars about the administrative process are not always related exclusively to the understanding and legal regulation of administrative proceedings, and therefore textbooks and manuals on the disciplines "Administrative Procedure" and "Administrative Procedural Law" differ significantly in content.

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo
Keyword(s):  
Supreme Court ◽  
Basic Principle ◽  
Civil Law ◽  
The Other ◽  
District Court ◽  
Procedural Law ◽  
Other Hand ◽  
Administration Of Justice ◽  
Law Courts ◽  
Court Proceedings

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

scholarly journals Revisiting international administrative law as a legal discipline

2019 ◽  
Vol 39 (3) ◽  
pp. 1237-1258
Author(s):  
Jakub Handrlica
Keyword(s):  
Administrative Law ◽  
The Other ◽  
Eu Law ◽  
Legal Scholarship ◽  
Other Hand ◽  
Long Time ◽  
International Conventions ◽  
Administrative Competencies

The term “international administrative law” is understood in two separate ways. On one hand, the authors (diritto internazionale amministrativo) used this term regarding the administrative competencies of various international administrative unions, as provided by applicable international conventions. On the other hand, other authors (e.g. Karl Neumeyer, Paul Négulescu, Giuseppe Biscottini) used the term to exclusively refer to the norms of national law (diritto amministrativo internazionale, droit administratif international, internationales Verwaltungsrecht), which address certain foreign elements. This article follows the second understanding of the term “international administrative law.” For a long time, these norms had been quite rare in administrative law and, consequently, the legal scholarship did not pay much attention to the discipline of international administrative law. However, most recently, the sources of EU law increasingly require reflection of certain foreign elements in the norms of administrative law. In this respect, this article argues that international administrative law represents a legal discipline that is fully capable of addressing those problems arising by the application of these norms in administrative law.

scholarly journals Dissenting Opinion dan Concurring Opinion dalam Putusan Mahkamah Konstitusi

2018 ◽  
Vol 3 (2) ◽  
pp. 307-324
Author(s):  
Haidar Adam
Keyword(s):  
Law Enforcement ◽  
Judicial Review ◽  
The Other ◽  
Constitutional Court ◽  
Procedural Law ◽  
Other Hand ◽  
The Difference

Abstract: This article discusses about dissenting opinion and concurring opinion in the decision of the Constitutional Court. Law enforcement can be done through the Constitutional Court in the form of law judicial review. The issue of dissenting opinion is regulated through Law No. 24 Year 2003 and Constitutional Court Regulation No. 6 of PMK Year 2005 concerning Procedural Law of Tests of Act. The phrase used in the Constitutional Court Law is “the different opinion of the judiciary members". The different opinion, according to Jimly, is divided into two namely dissenting opinion and concurrent opinion. A verdict is considered concurring if there is an argument by a member of the panel of judges that is different from that of the other members of the judiciary but it does not affect the difference of the decision. On the other hand, a decision is said to be dissenting if the opinion of a member of the panel of judges is different from that of the majority of the other members of the panel of judges and the difference is not merely in the case of reasoning but to touching on the verdict. Keywords: Dissenting opinion, concurring opinion, the court constitution’s decision. Abstrak: Penegakan hukum dapat dilakukan melalui pengadilan oleh Mahkamah Konstitusi dalam bentuk pengujian terhadap undang-undang. Masalah dissenting opinion diatur melalui Undang-Undang Nomor 24 Tahun 2003 dan Peraturan Mahkamah Konstitusi Nomor 6 PMK Tahun 2005 tentang Hukum Acara Pengujian Undang Undang. Frase yang dipakai dalam UUMK adalah “pendapat anggota majelis hakim yang berbeda”. Pendapat yang berbeda menurut Jimly, dibedakan menjadi dua yaitu dissenting opinion dan concurrent opinion. Suatu putusan dianggap sebagai concurring apabila terdapat argumentasi anggota majelis hakim yang berbeda dengan mayoritas anggota majelis hakim yang lain, namun tidak berimbas pada perbedaan amar putusan. Di sisi lain, suatu putusan dikatakan dissenting, jika pendapat suatu anggota majelis hakim berbeda dengan pendapat mayoritas anggota majelis hakim yang lain dan sampai menyentuh pada amar putusan. Kata Kunci: Dissenting opinion, concurring opinion, putusan Mahkamah Konstitusi.

scholarly journals Features of legal Regulation in the digital Economy

2019 ◽  
Vol 9 (1) ◽  
pp. 1381-1383
Keyword(s):  
Legal Regulation ◽  
International Experience ◽  
Digital Economy ◽  
The Other ◽  
Legal Regime ◽  
Other Hand ◽  
The One

This article discusses the features of legal support for the functioning of the digital economy. Some reasons for the need for modernization of legislation in the context of the development of the digital economy are highlighted. Based on international experience, approaches to legal regulation in the field of the digital economy are proposed, by ensuring such a legal regime in which innovations, on the one hand, will develop freely, and, on the other hand, will be protected from possible risks.

scholarly journals Integrated Pest Management in Protected Structures I: Basic Principles and Scouting

EDIS ◽  
2013 ◽  
Vol 2013 (9) ◽  
Author(s):  
Hugh A. Smith ◽  
Gary E. Vallad ◽  
Bielinski M. Santos
Keyword(s):  
Integrated Pest Management ◽  
Pest Management ◽  
The Other ◽  
Basic Principles ◽  
Fact Sheet ◽  
Field Crops ◽  
Other Hand

The fundamentals of managing pests in protected structures are very similar in many respects to managing pests in field crops. But conditions within a protected structure can be modified to a certain degree to prevent, delay, or even mitigate pest issues. On the other hand, conditions that discourage one group of pests can often favor another. This 7-page fact sheet was written by Hugh A. Smith, Gary E. Vallad, and Bielinski M. Santos, and published by the UF Department of Entomology and Nematology, June 2013. http://edis.ifas.ufl.edu/in994

scholarly journals Fuzzy functions: a fuzzy extension of the category SET and some related categories

2000 ◽  
Vol 1 (1) ◽  
pp. 115 ◽  
Author(s):  
Ulrich Höhle ◽  
Hans-E. Porst ◽  
Alexander P. Sostak
Keyword(s):  
Fuzzy Sets ◽  
The Other ◽  
Basic Properties ◽  
And Topology ◽  
Other Hand

<p>In research Works where fuzzy sets are used, mostly certain usual functions are taken as morphisms. On the other hand, the aim of this paper is to fuzzify the concept of a function itself. Namely, a certain class of L-relations F : X x Y -&gt; L is distinguished which could be considered as fuzzy functions from an L-valued set (X,Ex) to an L-valued set (Y,Ey). We study basic properties of these functions, consider some properties of the corresponding category of L-valued sets and fuzzy functions as well as briefly describe some categories related to algebra and topology with fuzzy functions in the role of morphisms.</p>

scholarly journals Keterkaitan Pendidikan Kristiani di Sekolah dan Gereja

2020 ◽  
Vol 7 (1) ◽  
pp. 25-45
Author(s):  
Justitia Vox Dei Hattu
Keyword(s):  
Christian Education ◽  
Religious Education ◽  
Final Section ◽  
The Other ◽  
Learning Spaces ◽  
Basic Principles ◽  
Other Hand ◽  
Cognitive Gaps ◽  
The Church ◽  
Psychomotor Domain

This article aims to map the polarization in Indonesia between Christian Education (or: Christian Religious Education) as it takes place within the domains of church and of school. Within the ecclesial arena, Christian education (Pendidikan Kristiani/PK) is often associated with the activity of teaching children. On the other hand, within the setting of a school, PK is often associated with a course of study assigned to students—one that mostly emphasizes the filling of cognitive gaps for the students yet (intentionally) ignores the affective and psychomotor domain that is integral for instruction. By examining this polarization, I argue that the polarizing divide between PK as implemented in a school and PK as implemented in the church can be overcome by virtue of the fact that both school and church are learning spaces for PK. This article is divided into three parts. The first will demonstrate certain misunderstandings about PK in the context of school and of church that lead to polarization. The second part shows how PK is presently practiced in the context of Indonesia’s churches and schools. Based on descriptions in this second part, the final section will offer a number of basic principles, in an effort to bridge the gap between PK as it takes place in school and in church.

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