scholarly journals DEVELOPMENT OF THE ADMINISTRATIVE LAW IN THE KYRGYZ REPUBLIC

2020 ◽  
pp. 92-104
Author(s):  
Rustam Madaliev
Keyword(s):  
Administrative Law ◽  
Kyrgyz Republic ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Procedure Code ◽  
Administrative Legislation ◽  
Administrative Procedures ◽  
Law And Legislation ◽  
Administrative Justice

The article provides an overview and stages of the development of law and legislation on administrative procedures and administrative justice in the Kyrgyz Republic. The article discusses the adoption, implementation, content and the application of the new Law on Administrative Procedure and the Administrative Procedure Code of the Kyrgyz Republic. At the beginning, the socio-political background and the rationale for the ongoing judicial reforms and the efforts of the state to strengthen the rule of law in the Kyrgyz Republic are described. A significant part of article considers steps for developing a law on administrative procedures of the Kyrgyz Republic and the problems associated with its development. Then, the content and issues of implementation and the problems of the practical application of the new law on administrative procedures of the Kyrgyz Republic are disclosed. A separate part is devoted to the development, content, implementation and practice of the application of the new Administrative Procedure Code of the Kyrgyz Republic. The article also outlines the problems and shortcomings in the practice of applying legal norms on administrative procedures and administrative justice in the Kyrgyz Republic. In general, the article summarizes that a new system of administrative law has been formed in Kyrgyzstan to replace “Soviet” administrative law, but there are still problems in understanding and applying the new administrative legislation: not all the regulatory framework and practice of administrative agencies are brought into line with the new legislation; there are facts of not understanding, ignoring and not applying the new legislation by public authorities; not all curricula of higher legal education are brought in line with a new understanding of administrative law. It is necessary to continue the implementation measures to put into practice the new administrative legislation through organizational measures to educate and train law applicators, as well as the development of judicial practice in administrative cases.

Good Administration in the Administrative Law of the Republic of Latvia

2020 ◽  
pp. 643-663
Author(s):  
Jānis Neimanis
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
Legal Order ◽  
Council Of Europe ◽  
General Acceptance ◽  
Administrative Procedure ◽  
The Republic ◽  
The Impact

This chapter explores the impact of the pan-European general principles of good administration on the Latvian legal system. The chapter concludes that there is a conceptual match between the administrative law of Latvia and the pan-European general principles of good administration. This, among other things, is reflected by the fact that recommendations of the Council of Europe (CoE) were used as models for complementing the Latvian code of administrative procedure. It furthermore claims that general acceptance of the principle of good administration in the Latvian legal order in particular considerably facilitates reception of the CoE’s work in the realm of administrative law. At the same time the chapter highlights that implementation of the principles of good administration in Latvia could be improved and used in a more precise manner.

An Overview of Good Governance

2019 ◽  
pp. 15-24
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Administrative Law ◽  
The State ◽  
Institutional Framework ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
The Government

Good governance is needed because of legislative gaps, prevention of corruption, maladministration, and mismanagement, and fragmentation of administrative law norms. The concept of good governance has been developed in addition to aspects which can already be found in the rule of law and democracy concepts but are also related to the institutional framework of the government. The term ‘government’ is used for all the powers in the state; the administration is only one of these powers. These powers must fulfil certain norms, principles which sometimes are unwritten and developed by the judiciary or the ombudsman but more and more codified in the frame of the general (administrative) legislation. All the institutions of the government are involved in the development of these principles of good governance. There is not only a separation between the powers of the state, but more and more there are interactions between these powers in the development of principles of good governance and, hence, there is a balance between these principles. Therefore, there are different producers and sources of good governance.

10 Evolution and Gestalt of the Italian State

2017 ◽  
Author(s):  
Mattarella Bernardo Giorgio
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Public Administration ◽  
Historical Development ◽  
Prime Minister ◽  
Administrative Law ◽  
First Century ◽  
Marked Rise ◽  
The Republic

This chapter presents an analysis of Italy's administrative history. It looks at the historical development of Italian public administration and administrative law in Italy beginning from the nineteenth century. The chapter then proceeds to the first half of the twentieth century, focusing primarily on the policies of Prime Minister Giovanni Giolitti, which saw a marked rise in changes and developments within administrative law. Also of note during this period was the role of administrative law during the era of fascism in Italy. The latter half of the twentieth century would mark a departure from this period, focusing mainly on liberal administrative law and the Republic. Finally, the chapter turns to the features of administrative law in the twenty-first century, before closing with some concluding remarks on the features peculiar to Italian administrative law.

Delimitation and Correlation of Civil and Administrative Legal Proceedings: Qualification Problems and Criteria

2020 ◽  
Vol 18 (2) ◽  
pp. 335-348
Author(s):  
Margarita Pavlova
Keyword(s):  
Classification Problem ◽  
Administrative Law ◽  
Legal Proceedings ◽  
Civil Court ◽  
Administrative Legislation ◽  
The Future ◽  
Legitimate Interests ◽  
Court Proceedings ◽  
Legal Classification

This article is devoted to the problem of delimitation and correlation of civil and administrative manners of proceeding. The purpose of the research is to define clear criteria to delimit the civil and administrative legal proceedings to increase the efficiency of civil and administrative legislation regulations when solving disputes connected with the violation of rights, liberties and legitimate interests of an individual. The said is based on the hypothesis that the scope of public-administrative relations is wider than the scope of relations that are governed by the norms of administrative law. Classification problem in the study is considered in the context of defining proceeding manners (administrative or civil). Besides, the cases of courts of general jurisdiction have served as a research base. The author suggests some criteria models for delimiting administrative and civil court proceedings by the legal classification between the parties as well as by the suit character of stated claims. The latter in the future might lead to the formation of new, more accurate methods of applying administrative norms and a reduction in the number of precedents for incorrect proceedings.

Traffic Violations: A Study of Measures Aimed at Bringing Perpetrators to Justice

2018 ◽  
Vol 9 (1) ◽  
pp. 112
Author(s):  
Yerzhan Maratovich KHAKIMOV
Keyword(s):  
Present Article ◽  
Traffic Safety ◽  
Road Safety ◽  
Administrative Law ◽  
National Legislation ◽  
Foreign Experience ◽  
Legal Enforcement ◽  
Foreign Countries ◽  
Traffic Violations ◽  
The Republic

The article is devoted to a study of administrative and legal enforcement actions against violators of road safety (RS) laws used in the Republic of Kazakhstan and some foreign countries. The aim of the present article is to analyze ways of bringing to justice the perpetrators of traffic offences in the national legislation of Kazakhstan and some foreign countries, to assess their effectiveness and the possibility of using foreign experience in the national legal field. The article examines the foreign organizational and legal experience in the application of administrative responsibility for violators of RS laws and the administrative regulations of Kazakhstan; the conclusions have been made, and the recommendations for further improvement of measures to bring to justice violators of RS laws have been given. The author subjects the use of the fine as the main mechanism for bringing to justice perpetrators of the traffic violations to fair criticism. Based on the study of normative materials on administrative law and the experience of foreign countries in counteraction to RS violations, the author suggests ways to eliminate causes and conditions for committing traffic safety violations and formulates the proposals for further improvement of the administrative legislation of the Republic of Kazakhstan, in particular, excluding the prevarication when using the data of photo and video fixation of traffic offences. The main provisions and conclusions of the article can be used in scientific and practical activities in addressing the issues of law violation prevention, the comparative characteristics of the norms of responsibility for RS violations of Kazakhstan and foreign countries laws, and in the subsequent reform of statutory regulations on administrative offences.

About influence of administrative legislation on maintenance of discipline «Administrative law»

2017 ◽  
Author(s):  
Наталья Косач ◽  
Natal'ya Kosach
Keyword(s):  
Administrative Law ◽  
Administrative Legislation ◽  
State Administration ◽  
Administrative Justice

The article deals with the problematic issues of teaching the Administrative Law. The interrelation between administrative law and changes in the organization of state administration is analyzed. Substantiates the proposal to include a section on the institution of administrative justice.

scholarly journals “Public Administration” in the Latvian and Ukrainian Administrative and Legal Traditions

2020 ◽  
Vol 2 (17) ◽  
pp. 66-71
Author(s):  
Elena Agapova ◽  
Karina Palkova
Keyword(s):  
Public Administration ◽  
Executive Branch ◽  
Administrative Law ◽  
Administrative Procedure ◽  
Legal Traditions ◽  
American Law ◽  
Governmental Power ◽  
The Law ◽  
The Republic ◽  
Eastern European Countries

Public administration has been studied in this article from the position of administrative and legal science. The implementation of great contribution in the formation of “Public administration” theory by American law schools, which have provided a basis of modern scientific approaches, has been emphasised by the Author. During the analysis of Ukrainian and Latvian scientists’ approaches remarks on understanding of public administration, strong connection between administrative law and public administration has been revealed by the Authors. It has been established that both Latvian and Ukrainian administrative law scientists have similar approaches to understanding public administration. It has been identified as the form of realisation of the executive branch of governmental power. The functioning of public administration in the Republic of Latvia is based on the principles of the rule of law. The Author stresses that Ukraine, during holding on the reform of public administration, applies SIGMA recommendations (Support for Improvement in Governance and Management in Central and Eastern European Countries). The efficiency of the SIGMA programme in Ukraine has been proved, within the framework of which Ukrainian legislation has been brought into line and new laws have been adopted (the Law of Ukraine On Civil Service, the Law of Ukraine On Administrative Procedure). It is concluded that administrative law is one of the main tools through which public administration is carried out in the Republic of Latvia and Ukraine. Rakstā ir analizēts valsts pārvaldes institūts un tā kopīgās un atšķirīgās iezīmes Latvijas un Ukrainas kontekstā, veicot zinātnieku viedokļu analīzi un īpaši uzsverot lielo Amerikas Savienoto Valstu zinātnisko ieguldījumu valsts pārvaldes teorijas veidošanā, kas ir pamats mūsdienu zinātniskajām pieejām. Saskaņā ar Valsts pārvaldes iekārtas likumu Latvijā valsts pārvalde ir organizēta vienotā hierarhiskā sistēmā, un neviena iestāde vai pārvaldes amatpersona nevar atrasties ārpus šīs sistēmas. Valsts pārvaldes darbība Latvijā balstās uz likuma varas principiem. Savukārt Ukrainas pieeja valsts pārvaldes politikas īstenošanai ir atšķirīga, respektīvi, pārvaldes reformas ietvaros Ukraina īsteno SIGMA (Support for Improvement in Governance and Management) sniegtus ieteikumus, kā rezultātā Ukrainas tiesību aktos ir veiktas jaunas iestrādes un pieņemta virkne jaunu likumu, piemēram, Ukrainas likums “Par civildienestu” un Ukrainas likums “Par administratīvo procesu”. Darba nobeigumā secināts, ka, neraugoties uz valstu tiesību sistēmu atšķirībām, administratīvās tiesības ir viens no galvenajiem instrumentiem, ar kuru starpniecību Latvijas Republikā un Ukrainā tiek realizēta valsts pārvaldes funkcija.

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