REPRESENTATION UNDER PETITIONARY PROCEEDINGS AND PROCEEDINGS IN THE MATTER OF COMPLAINTS AND PROPOSALS

2020 ◽  
Vol 2 (XX) ◽  
pp. 207-218
Author(s):  
Michał Wszołek
Keyword(s):  
Theoretical Basis ◽  
Procedural Law ◽  
Legal Texts ◽  
Administrative Proceedings

The article discusses the issue of representation under petitionary proceedings and proceedings in the matter of complaints and proposals. The above mentioned issue has been analysed within the context of relations between provisions on administrative proceedings in cases individually decided by way of administrative decision and provisions of the above mentioned proceedings due to lack of regulation on representation in parts of legal texts directly concerning them. The author’s goal is to present the theoretical basis of the representatives’ actions in above mentioned proceedings. Consequently, the article is supported by opinions of legal scholars specialised in administrative procedural law and theoreticians of law, contains analysis of the rule concerning application mutatis mutandis of provisions on administrative proceedings in cases individually decided by way of administrative decision in petitionary proceedings and analysis of application of provisions on administrative proceedings in cases individually decided by way of administrative decision in proceedings in the matter of complaints and proposals based on analogy.

scholarly journals The concept and essence of the principle of inadmissibility of abuse of procedural rights in administrative judiciary

2021 ◽  
Vol 66 ◽  
pp. 135-141
Author(s):  
Yan Bernazyuk
Keyword(s):  
Case Law ◽  
Fair Use ◽  
Public Interests ◽  
Procedural Law ◽  
European Court ◽  
The Supreme Court ◽  
Legal Legitimacy ◽  
Definition Of ◽  
Administrative Proceedings ◽  
Procedural Rights

The article is devoted to the definition of the peculiarities of observance in administrative proceedings of the principle of inadmissibility of abuse of procedural rights. The concept and essence of abuse of procedural rights in administrative proceedings are clarified, the meaning of the principle of inadmissibility of abuse of procedural rights is established. The legal basis of the principle of inadmissibility of abuse of procedural rights in administrative proceedings is investigated. Based on the analysis of the case law of the Supreme Court, the European Court of Human Rights established the content of the principle of inadmissibility of abuse of procedural rights. The opinion that the abuse of procedural rights is opposed to the conscientious abuse of procedural rights by the parties is substantiated. The author argues that the abuse of procedural rights may be recognized as actions or omissions of a party to the case, which are characterized by a sign of apparent legal legitimacy, but are used for the opposite or inconsistent with the pursuit of the relevant procedural right or obligation. Based on the analysis of the Constitution of Ukraine, international acts, laws of Ukraine and case law, it is proved that the main purpose of the principle of inadmissibility of abuse of procedural rights is to guarantee the fair use of their procedural rights. The author discloses the content of the fair use of the parties' procedural rights, which includes the use of the relevant rights for the purpose for which these rights are granted, and in the manner prescribed by procedural law, as well as conscientious performance of duties specified by law or court. The study made it possible to state that the introduction of the principle of inadmissibility of abuse of procedural rights is important for improving the effectiveness of administrative courts to protect the rights and interests of individuals, public interests and the interests of the state.

scholarly journals The problematic of translation of legal texts

2020 ◽  
pp. 66-71
Author(s):  
Natalia Kurchinskaya-Grasso
Keyword(s):  
International Criminal ◽  
Interdisciplinary Approach ◽  
Legal Documents ◽  
Procedural Law ◽  
Legal Translation ◽  
Profound Knowledge ◽  
Legal Texts ◽  
The One ◽  
General Linguistic

This article explores the translation of legal texts, as it is usually fraught with a variety of challenges of linguistic and extralinguistic nature. The translator must have a strong command of linguistics, translation skills and profound knowledge of national and international criminal-procedural of civil-procedural law.  Focus is made on the one hand on determination of typology of general linguistic and translation problems pertaining to legal documents, and on the other – on identification of peculiarities of these problems depending on qualification of a specialist doing legal translation. The main characteristics of legal texts are viewed from the perspective of applied comparative legal science. Interdisciplinary approach towards research in the area of legal translation is a logical solution for the analysis of emerging problems. The article demonstrates some mistakes in translation of legal terms on the example of English, Polish, and Italian languages. The author comes to the conclusion that for a translator without the background of legal practice it is difficult to do the translation of legal texts; as well as submits a proposal on comprising methodological recommendations.

Principles of Modern Non-Judicial Administrative Process (Administrative Proceedings): Problems of Understanding and Systematization

2020 ◽  
Vol 2 (3) ◽  
pp. 119-145
Author(s):  
P. I. Kononov ◽  
◽  
V. A. Zyuzin ◽  
Keyword(s):  
Theoretical Basis ◽  
Basic Principles ◽  
Public And Private ◽  
Administrative Process ◽  
Universal Principles ◽  
Foreign Countries ◽  
Process System ◽  
Administrative Procedures ◽  
Administrative Proceedings ◽  
The Relationship

Introduction. In Russia, there is no framework law regulating the extrajudicial administrative process. This circumstance makes it necessary to define doctrinally the principles of resolving administrative cases before drafting the law on administrative procedures. The article attempts to develop and propose to the legislator non-declarative principles of extra-judicial administrative proceedings that could actually be applied in the practice of considering specific administrative cases. Both domestic and foreign scientific experience and administrative procedural legislation are taken into account. Theoretical Basis. Methods. The theoretical basis of the work is the concept of an integrative understanding of the administrative process. System, logical, formal-legal and comparative research methods were used. Results. The Russian legislation does not contain universal principles for the implementation of non-judicial administrative proceedings. The principles provided for by individual laws are general legal in nature and are not procedural. Such principles do not reflect the basic principles of the relationship between public and private persons in administrative cases. Historically, Soviet and post-Soviet approaches have focused on declaring the general legal basis of the administrative process and are not aimed at fixing the applied procedural principles of administrative proceedings in the legislation. In foreign countries, the instrumental principles of extrajudicial resolution of administrative cases are applied in practice. The main attention is paid to the standards of relations between public administration and private individuals. Administrative and procedural laws of post-Soviet states mostly duplicate the principles developed in western countries Discussion and Conclusion. The authors come to the conclusion that it is necessary to distinguish three groups of principles in Russian legislation, among which are: general procedural principles; general principles of extrajudicial administrative process; and special principles of administrative proceedings.

scholarly journals Development of National Procedural Law in the Second Half of the XIX – Early XX Centuries

2021 ◽  
Vol 80 (1) ◽  
pp. 156-164
Author(s):  
Д. В. Слинько ◽  
Л. І. Калєніченко
Keyword(s):  
Scientific Literature ◽  
Preliminary Investigation ◽  
Russian Empire ◽  
Judicial Reform ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Russian Empire ◽  
Administrative Proceedings ◽  
Substantive Law

The authors have studied one of the current historical and legal problems concerning the development of procedural law in the Ukrainian lands, which were part of the Russian and Austro-Hungarian Empires in the second half of the XIX – early XX centuries. Based on the analysis of scientific literature and relevant regulatory material, it has been noted that the beginning of the reform of procedural legislation of the Russian Empire can be considered the introduction of the institution of forensic investigators by the imperial decree in June 1860. Thus, the preliminary investigation was separated from the police, and investigators were part of the staff of the judicial department. The next stage was the judicial reform of 1864. As a result of the reform, the judicial system and procedural law were completely changed. Substantive law was also partially amended under that influence; there was the separation of criminal proceedings from the civil one; procedural norms of administrative justice began to be formed in the Ukrainian lands during that period, and a new branch of knowledge within legal science emerged, which was aimed at searching for the essence and nature of procedural law. The development of procedural law in the Ukrainian lands, which were part of the Austrian and, since 1868, the Austro-Hungarian Empires, was characterized by the obsolescence and imperfection of procedural legislation and its focus on the establishment of imperial positions. At the same time, it is possible to state its certain democracy and succession. It has been concluded that national procedural law during that period was characterized by the preservation and strengthening of certain features of the medieval process (secular nature, rationality, phasing), by the separation of procedural law from the substantive, by the formation of procedural branches of law, by the codification of procedural legislation, by the separation of administrative proceedings from criminal and civil proceedings; the functions and competence of the authorities and their officials were differentiated.

scholarly journals Concept and content of access to justice in criminal proceedings of Ukraine

2019 ◽  
pp. 20-30
Author(s):  
O. Kuchynska ◽  
O. Shchyhol
Keyword(s):  
Social Relations ◽  
Fundamental Principle ◽  
International Standards ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Legal Literature ◽  
Domestic Legislation ◽  
Administrative Proceedings ◽  
High Level

Access to justice is a fundamental principle of criminal proceedings and one of the most important guarantees of criminal proceedings participants’ rights. Nevertheless, nowadays there is no single approach to concept and content of this legal category. The reason is a large number of related and similar terms which apply to domestic legislation of Ukraine and international legal acts, as well as lack of established scientific grounds regarding legal nature of access to justice, its purpose and essence. Thus, the purpose of the article is: 1) to analyze current legislation, international standards and scientific background in the domain of access to justice; 2) to define concept and content of access to justice in criminal proceedings of Ukraine. It needs to be mentioned that in comparison with civil, commercial and administrative proceedings, criminal procedural law regulates social relations which involve the most substantial interference with human rights. The high level of interference and limitations surely generates requirements for establishing in criminal proceedings certain guarantees (including access to justice), which have to be effective and efficient. However, this cannot be achieved without thorough and solid legal terminology which should exclude ambiguous interpretation of any legal categories and provide a basis for their proper understanding. Therefore, criminal proceedings require additional attention even to small details: subtleties of juridical technique, language constructs and so forth. In this regard, as it has already been mentioned, concept and content of access to justice in criminal proceedings of Ukraine remains problematic. It is concluded that the concept of access to justice (in criminal proceedings and in general) is insufficiently explored and current legislation contains a number of similar definitions with uncertain difference remaining between them. The same applies to the content of access to justice which has ambiguous interpretations in legal literature. It is suggested to streamline legal terminology in regard to access to justice.

scholarly journals GUARANTEES OF LEGALITY OF PUBLIC ADMINISTRATION ACTIVITY: FROM CONCEPT TO PRACTICAL IMPLEMENTATION

2021 ◽  
Vol 7 (1) ◽  
pp. 134-138
Author(s):  
Vyacheslav Tylchyk ◽  
Olha Tylchyk
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Dispute Resolution ◽  
Central Place ◽  
Practical Implementation ◽  
Legal Doctrine ◽  
Procedural Law ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Administrative Proceedings

The purpose of the article is an attempt to consider guarantees of the legality of public administration through rethinking the existing system of appeal, taking into account the novelties of domestic science and practice, and the preconditions for the formation of administrative procedural law, in which the central place belongs to the category of “dispute in public relations”. The analysis of subsystems of dispute resolution through administrative proceedings and pre-trial appeals from the standpoint of efficiency and the dialectical connection is carried out. It is stated that to ensure the effectiveness of the generally accepted system of dispute resolution as a guarantee of legality, the activities of public administration entities today are the priority of absolutely all legal countries. Significant obstacles on gradual and systematic activities such as those caused by an acute exacerbation of social tension in society, external aggression, especially the development of legal doctrine and legislation that includes an ambiguous position. Today, most scholars agree that the issues of guarantees of the legality of public administration are directly related to the ability to present a model for appealing decisions, actions, inactions and determine its levels. Scientific support of the processes of formation of a legal and socially-oriented state is closely connected with the need to strengthen the methodological armament of legal science, its departure from outdated scientific dogmas, and the search for forms of manifestation and enforcement. The solution of the goal set in the publication is achieved using the cognitive potential of the system of philosophical, general scientific, and special methods. Analysis and synthesis allowed to determine the features of the concepts of “appeal” and “dispute” within the administrative appeal. Methods of review of grammar and interpretation of the law helped identify gaps and other shortcomings of legislation problems introducing mediation in the judicial administrative process as of alternative that will act as a separate stage of proceedings litigation, making suggestions for improvement. Practical implications. The formulated proposals for the development of legal support for appealing decisions, actions, the inaction of public administration, along with the functioning of administrative proceedings as a procedural form of administrative justice, acts as a guarantor of public administration in the relationship between citizen and state and is an integral part of this model.

scholarly journals Suspension of Administrative Court Proceedings Due to Extraordinary Administrative Proceedings

2020 ◽  
Vol 2 ◽  
pp. 125-148
Author(s):  
Jakub Polanowski
Keyword(s):  
Preliminary Ruling ◽  
Procedural Law ◽  
Administrative Courts ◽  
Court Proceedings ◽  
Administrative Proceedings

Art. 124 § 1 point 6 in conjunction with Art. 56 of the Act on Proceedings Before Administrative Courts should be understood in accordance with Art. 2 and 45 of the Polish Constitution, in such a way that the suspension of proceedings on this basis requires prior consideration of all the circumstances of the case, including the circumstances justifying its immediate examination. This especially applies to cases where the court finds the possibility of abuse of procedural law. The circumstances which constitute the basis for the suspension of court proceedings, pursuant to Art. 125 § 1 point 1 of the Act on Proceedings Before Administrative Courts, must objectively condition the court’s decision. When applying the above-mentioned provisions, the court is obliged to consider the effects of possible waiting for a decision on a preliminary ruling. The purpose of the article is to draw attention to the need for a rational adjudication on the suspension of court and administrative proceedings, in order to maintain the principle of the speed of proceedings.

scholarly journals Services conference as an answer to challenges of administrative procedure

2018 ◽  
Vol 2 (1) ◽  
pp. 57-68
Author(s):  
Robert Siuciński
Keyword(s):  
Public Administration ◽  
Comprehensive Analysis ◽  
European Countries ◽  
Administrative System ◽  
Central European ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Starting Point ◽  
Administrative Proceedings

The paper presents the services conference as one of the forms of conducting administrative proceedings. The starting point is to present an institution shaped in the Italian procedural law in the light of its administrative system and its evolutionary transformations. The paper involves a comprehensive analysis of the services conference in the context of the competence of public administration authorities, the procedural guarantees enjoyed by parties to the proceedings and decisions that may be taken in the course of the services conference, as well as the legal possibility of their change. One of the assumptions of the paper is the possibility of recognition of the services conference as a kind of a resultant of proceedings in a form of hearing, and the mode of co-operation between the bodies. As a result, it should lead to presenting prospects and opportunities to adapt the institution of the services conference in the Central European countries also as a future solution for the Slovak Code of Administrative Procedure.

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.

scholarly journals ZBIEG EGZEKUCJI SĄDOWEJ I ADMINISTRACYJNEJ

2016 ◽  
Vol 13 (2) ◽  
pp. 175
Author(s):  
Kamil Miśtal
Keyword(s):  
Empirical Data ◽  
Court Cases ◽  
Court Order ◽  
Civil Court ◽  
Procedural Law ◽  
Court Orders ◽  
Administrative Proceedings

THE CONCURRENCE OF THE EXECUTION OF COURT ORDERS FOR THE SEIZURE OF PROPERTY ISSUED BY THE POLISH CIVIL AND ADMINISTRATIVE COURTSSummaryThis study begins with a discussion of the concept of the execution of Polish civil court orders for the seizure of property with an indication of the relevant provisions. A description is given of the assets subject to seizure. The analogous administrative proceedings are presented in a similar way. The author goes on to analyse the provisions in the event of a concurrence of a civil court order with an administrative court order. He considers the implementation of the two orders by a single authority, and discusses the procedural law applicable in the event of concurrence. He continues with a description of the further procedure once the implementing authority has been designated. He also observes that executive proceedings generally take too long. The author uses empirical data from court cases to illustrate his points.

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