scholarly journals Effectiveness of procedural decisions in first-instance administrative proceedings

2021 ◽  
Vol 60 (91) ◽  
pp. 75-96
Author(s):  
Dejan Vučetić
Keyword(s):  
Administrative Process ◽  
Administrative Procedure ◽  
Efficiency And Effectiveness ◽  
Research Questions ◽  
Compensation For Damage ◽  
Interim Measure ◽  
Administrative Proceedings ◽  
Procedural Decisions ◽  
Procedural Rights

The paper analyzes the normative regulation of the procedural administrative decision institute, which was introduced into the Serbian administrative process as a novelty by the General Administrative Procedure Act (GAPA) in 2016. The paper aims to addresses three research questions: to determine the legislator's goal in regulating this insitute, to identify in which situations such a decision has to be made, and to establish how effective that type of decision is. At the beginning of the paper, the author focuses on the concept of effectiveness, including different, mutually opposed, approaches to defining that notion. The author points out the conceptual misunderstanding between efficiency and effectiveness, and their unjustified equalization. The main goal of introducing the institute of procedural administrative decision is the aspiration for greater protection of parties' procedural rights. The analysis of the text of the General Administrative Procedure Act has yielded seventeen basic types of procedural administrative decisions: a decision on rejecting the party's request, a decision not to allow alteration of the party's request, a decision on suspending the procedure, a decision on termination of the procedure, a decision on imposing a fine, decision on request, a decision on execution, a decision on securing the execution, a decision on appointing a temporary representative, a decision on denying representation to a quack lawyer for unlicenced practice of law, a decision on proposal for restitution, a decision on bearing preliminary procedure costs, a decision on exemption from procedure costs, a decision on payment of costs resulting from the absence or unjustified denial of testimony, a decision on compensation for damage to the holder, a decision on the proposal for providing evidence, and a decision on ordering an interim measure. The author concludes that the institute of procedural administrative decision can negatively affect the effectiveness of administrative proceedings due to the possibility of its unnecessary extension.

scholarly journals ADMINISTRATIVE PROCEDURAL LEGAL PERSONALITY OF A LAWYER: THEORETICAL AND LEGAL ANALYSIS

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Oksan Bayik ◽  
◽  
Olesya Maksymkiv ◽  
Liliya Martynyk ◽  
Ivanna-Mariya Matkivska ◽  
...  
Keyword(s):  
Personal Data ◽  
Legal Analysis ◽  
Administrative Process ◽  
Legal Personality ◽  
Personal Data Protection ◽  
Administrative Procedure ◽  
Legal Provisions ◽  
Specific Stage ◽  
Administrative Proceedings ◽  
Procedural Rights

The article analyzes the theoretical and legal provisions on the administrative procedural legal personality of a lawyer in Ukraine. It was found that his procedural legal personality can be divided into: ‒ general, which is available to a lawyer at all stages of the process; ‒ special, which is characteristic only for a specific stage of the process. It is pointed out that the administrative procedural legal personality of a lawyer is based on the norms of Art. 43 Code of Administrative Procedure of Ukraine and consists in the ability of a lawyer: 1) to have procedural rights and responsibilities in the administrative process (administrative procedural capacity); 2) personally exercise their administrative procedural rights and responsibilities during the lawyer’s representation of a person in the administrative process (administrative procedural capacity). It is noted that in Art. 45 Code of Administrative Procedure of Ukraine, enshrined a provision on the inadmissibility of abuse of procedural rights, which a lawyer as a procedural representative must take into account when representing a person in administrative proceedings. It is noted that there is a division of procedural rights of a lawyer into general and special. It is emphasized that in addition to the rights of a lawyer as a procedural representative, he is also endowed with both professional duties and responsibilities defined in Art. 47 Code of Administrative Procedure of Ukraine. It is noted that in addition to imposing duties on a lawyer, the legislator provides grounds for bringing him to justice (administrative procedural tort). A lawyer as a procedural representative has disciplinary responsibility. At the same time, the lawyer must remember that he ensures the protection of personal data about an individual, which he possesses, in accordance with the legislation on personal data protection. The author’s conclusion is made that the administrative procedural legal personality of a lawyer as a representative of a person is a complex category, which consists of his administrative procedural legal capacity, administrative procedural capacity and administrative procedural tort.

scholarly journals Mediator w postępowaniu administracyjnym

2019 ◽  
Vol 16 (1 (4)) ◽  
pp. 117-131
Author(s):  
Wiktor Trybka
Keyword(s):  
Civil Rights ◽  
Public Administration ◽  
Mediation Process ◽  
Applicable Law ◽  
The Public ◽  
Administrative Procedure ◽  
Case Files ◽  
Administrative Proceedings ◽  
The Right ◽  
Procedural Rights

Amending the Code of Administrative Procedure, the legislator decided to introduce the possibility of conducting mediation proceedings. A mediator may be a natural person who has full legal capacity and exercises full civil rights. The mediator’s role is to ensure the conduct of the mediation process. They have the responsibility to stimulate the initiative of the parties by means of appropriate mediation techniques, as well as to create an appropriate climate of conversation, based on mutual trust and respect. The mediator uses procedural rights, which include: the right to read the case files and the right to remuneration and reimbursement of expenses related to mediation. The Code of Administrative Procedure also imposes procedural obligations on the mediator: it must maintain impartiality in the conduct of mediation and draw up a report on mediation. Participants in the mediation are also parties of the administrative proceedings and a public administration body. The task of the public administration body is to determine whether the arrangements made by the parties with the participation of the mediator fall within the scope of the generally applicable law.

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.

Some Issues of Administrative Procedure and Ways for Further Improvement in Russian

2021 ◽  
pp. 19-24
Author(s):  
Petrova S. M. ◽  
Keyword(s):  
Conceptual Framework ◽  
Administrative Process ◽  
Administrative Procedure ◽  
New Approaches ◽  
Administrative Proceedings

The purpose of the study is to identify the main features of the legislative concepts of administrative proceedings and administrative process, administrative legal dispute. This article analyzes the content of the conceptual framework of administrative proceedings. New approaches to the development of procedural norms of administrative proceedings are proposed.

scholarly journals Administrative-Procedural Form and Stages as Elements of the Characteristics of the Administrative Process

2021 ◽  
Vol 18 (3) ◽  
pp. 301-312
Author(s):  
P. E. Spiridonov
Keyword(s):  
Self Similarity ◽  
Administrative Process ◽  
Legal Method ◽  
State And Society ◽  
Legitimate Interests ◽  
Characteristic Features ◽  
Judicial Procedures ◽  
Judicial Procedure ◽  
Administrative Proceedings ◽  
Procedural Decisions

The subject of research in this paper is the administrative-procedural form and stages of the administrative process. The purpose of the study is to analyze the essential characteristics of the administrative-procedural form and stages. It is stated that the evolution of the administrative process and administrative-procedural legal relations entailed changes in the administrative-procedural form, which were influenced by changes in the political system and the system of public administration in the Russian Federation. It is concluded that the improvement of the administrative process and its form ensures compliance with both the interests of the state and society, as well as the rights and legitimate interests of citizens. Attention is drawn to the fact that one of the characteristic features of administrative-procedural legal relations that distinguish it from other types of procedural legal relations – arbitration, civil, criminal, constitutional, is the administrative-procedural form, which is characterized by out-of-court, pre-trial and judicial procedures of proceedings in an administrative case, due to the specifics and features of its subject. The author notes that the administrative-procedural form is an external expression of administrative-procedural activity, and the stages are its internal content. At the same time, the stages of the administrative process are separate, but interrelated stages consisting of administrative procedural actions united by common tasks and intermediate and final administrative procedural decisions, procedural deadlines. Attention is drawn to a certain specificity of the stages of the administrative process, which consists in the fact that they cannot be clearly divided into judicial and pre-trial stages, as it is in the criminal process. The system of stages of the administrative process should be the same for all types of administrative proceedings, since this follows from the principle of self-similarity, when the particular comes from the general and corresponds to it. To determine the place of administrative judicial procedure in the administrative process, it is necessary to understand that the court, as a subject of administrative procedural legal relations, can enter into the process at different stages, and it is not the only subject of administrative procedural relations that makes legally significant procedural decisions. The methodological basis of the article is dialectical, formal-logical methods, formal-legal method and method of interpretation of law.

Administrative procedure law

2017 ◽  
Author(s):  
Анатолий Миронов ◽  
Anatoliy Mironov
Keyword(s):  
Administrative Process ◽  
Administrative Procedure ◽  
Procedural Law ◽  
Administrative Proceedings

Administrative procedure law represents one of the fastest growing industries of the Russian right. The guide discusses the main categories of administrative-procedural law: concept, principles, stage of the administrative process, administrative proceedings. Special attention is paid to the coverage of certain types of administrative proceedings: proceedings for the adoption of regulatory acts, licensing the manufacture, registration, production Supervisory production, production on Affairs about the promotion, manufacture on Affairs about administrative offences, disciplinary proceedings etc.

scholarly journals Administrative and jurisdictional activity: the issues of concept and content

2018 ◽  
Vol 2 (1) ◽  
pp. 104-113
Author(s):  
Vladimir V. Golovko
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Complex Analysis ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Analysis And Synthesis ◽  
Scope Of Application ◽  
The Law ◽  
Administrative Jurisdiction ◽  
Administrative Proceedings

The subject. The article defines the modern content of the following concept: administrative procedure, administrative jurisdiction.The purpose of the study is to identify the correlation between the concepts of administrative procedure and administrative jurisdiction.The methodology includes methods of complex analysis and synthesis of the Russian legislation and scientific sources, as well as formal-logical and formal-legal methods.The main results and scope of application. The administrative process and administrative procedures are not regulated properly nowadays. The results of scientific research indicate a discrepancy in the interpretation of the concept of “administrative process”. An administrative process consists of management and administrative jurisdiction (proceedings).Process and production correlate as general and special phenomena.The administrative process, which manifests itself specifically in various types of administrative proceedings, is a set of consistently performed procedural actions, which are performed at certain stages during the consideration of individual specific cases by the competent authorities.Administrative jurisdiction in the broad sense may be understood as totality of the powers of state or municipal bodies, established by the law or other normative legal acts, to regulate social relations, to assess the legality of actions of a person, to resolve legal disputes and to consider cases on administrative offences, to carry out other legally significant actions.Conclusions. Administrative jurisdictional activity (public, regulatory, regulative, enforcement), is connected with the solution of legal disputes. It is based on the law and is clearly regulated by it, it is carried out by special bodies, it’s result is the regulation of public relations and imposing administrative responsibility to the offenders.

scholarly journals Judicial Protection of Individuals in an Administrative Procedure by Means of Administrative Proceedings

2021 ◽  
Vol 6 ◽  
pp. 34-41
Author(s):  
Aleksandr I. Stakhov ◽  
Keyword(s):  
Russian Federation ◽  
Administrative Law ◽  
Public Authorities ◽  
Administrative Process ◽  
Legal Norms ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
Judicial Protection

The article highlights and studies judicial protection of individuals and organizations (individuals) in the administrative process as a special way of implementing justice on the appeals of citizens and their associations for the protection of their rights, freedoms, and legitimate interests in the course of Executive (non-judicial) and judicial administrative processes from the perspective of an integrative understanding of the administrative process. Taking into account the direct effect of the norms of the Constitution of the Russian Federation, the legal basis for judicial protection of individuals in administrative proceedings consists of two components: 1) the constitutional basis for; 2) legal grounds. Conducted a comprehensive analysis of the legal norms that constitute the constitutional basis and a legislative basis for judicial protection of individuals in administrative process, in which: justified the constitutional right of individuals to protection in the administrative process through the administrative procedure; is General conclusion that the subject of this judicial protection are contested in courts decisions and actions (inaction) of administrativepublic bodies and officials; the author substantiates the allocation of administrative court cases on the protection of individuals in administrative proceedings, which are divided into separate categories depending on the nature of the legal consequences of disputed decisions, actions (inaction) of administrative and public authorities and officials, as well as the nature of the dispute being resolved. In accordance with art. 72 of the Constitution of the Russian Federation allocated administrative law and administrative procedural decisions and actions challenged in court, in administrative proceedings, is the typology that best reveals the current level of processualists administrative activities public administration, other administrative public authorities and administrative public officials operating in the Russian Federation, allows you to identify priority areas of optimization of administrative proceedings in cases of settlement of administrative law disputes.

scholarly journals Public administration in Russia as a subject of administrative procedure

2022 ◽  
Vol 5 (4) ◽  
pp. 55-77
Author(s):  
A. I. Stakhov ◽  
N. V. Landerson ◽  
D. G. Domrachev
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Integrative Approach ◽  
Public Authorities ◽  
Administrative Process ◽  
Legal Norms ◽  
The Public ◽  
Administrative Procedure ◽  
The Russian Federation ◽  
Administrative Proceedings

The subject. Doctrinal approaches that reveal the place and role of public authorities, as well as organizations performing the functions of these authorities in the administrative process carried out in the Russian Federation, the principles and norms of the Constitution of the Russian Federation, administrative procedural legislation that form the legal basis of the administrative process in Russia.The purpose of the article is scientific substantiation of the integration of non-judicial bodies carrying out the administrative procedure into a special subsystem of public power, called public administration in the Russian Federation.The methodology. Formal logical and dialectical methods as well as private scientific methods such as method of interpretation of legal norms, method of comparative jurisprudence were used.The main results, scope of application. The article reveals the scientifically based content of the integrative approach to understanding the administrative process in contemporary Russia, taking into account the norms of the Russian Constitution and the analysis of existing doctrinal developments of administrative scientists. The article substantiates the structure of the administrative procedural legislation of the Russian Federation ant it’s constituent entities, which includes the judicial administrative process and the executive (non-judicial) administrative process implemented by the public administration (executive authorities, local self-government bodies, other administrative and public bodies). Administrativeindicating legal norms are distinguished, the analysis of which allows us to reveal the content, form, structure of the judicial administrative process and the executive (extra-judicial) administrative process, as well as to establish an integrative relationship between them with the help of such special categories as “judicial administrative case”, “extra-judicial administrative case”, “administrative proceedings”, “administrative proceedings”. A number of key proposals are put forward to systematize the judicial administrative process and the executive (extrajudicial) administrative process in Russia on the basis of developed scientific positions. The article reveals the question of a scientifically based theory for understanding the administrative and public functions of public administration, as well as the system and structure of public administration in modern Russia.Conclusions. The presented integrative approach to understanding the administrative process and its differentiated systematization for the judicial administrative process and the executive (non-judicial) administrative process are the only true way to develop the Russian model of administrative process. The question of the need to systematize the administrative and public functions implemented by the public administration is raised. It is proposed to develop and adopt a federal law “On Public Administration in the Russian Federation”, the authors substantiate the content of the structure of this law.

scholarly journals PECULIARITIES OF THE PROSECUTOR’S ACTIVITY IN THE ADMINISTRATIVE PROCESS

2020 ◽  
pp. 98-107
Author(s):  
В. Р. Боровський
Keyword(s):  
Public Relations ◽  
The State ◽  
Administrative Process ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Additional Protection ◽  
Protection Of Human Rights ◽  
Administrative Proceedings ◽  
Scientific Achievements ◽  
Legal Entities

The relevance of the article is that the prosecutor is an important figure in the protection of human rights and freedoms, as well as the interests of the state. The prosecutor’s participation in the administrative process is also very important, especially in resolving the case on the merits, as it is aimed at fulfilling the main tasks of administrative proceedings ensuring fair, impartial and timely resolution of disputes in the field of public relations in order to effectively protect rights, freedoms and interests of individuals, rights and interests of legal entities from violations by the subjects of power. However, the exercise of the prosecutor’s powers in the administrative process has a number of features that distinguish it from other types of judicial jurisdiction. And on the basis of the analysis of the norms of the Law of Ukraine “On the Prosecutor’s Office” and the Code of Administrative Procedure of Ukraine in general, we can talk about the uncertainty of the administrative and legal activities of the prosecutor in the administrative process. The purpose of the article is to highlight and analyze the main features of the prosecutor in the administrative process. To achieve this goal, the article analyzes the norms of special legislation on the activities of the prosecutor, the Code of Administrative Procedure, judicial practice and scientific achievements of scientists. Based on the analysis of the norms of special legislation on the prosecutor’s activity, the Code of Administrative Procedure, judicial practice and scientific achievements of scientists, the article highlights the main features of the prosecutor’s activity in the administrative process and distinguishes it from other types of judicial jurisdiction. It is emphasized that the legislative level clearly provides for cases that allow the involvement of a prosecutor in the administrative process. It is concluded that the prosecutor in administrative proceedings is an additional guarantee of protection of the interests of the state, and his activities are aimed at providing additional protection of the state and its interests from encroachment by individuals or legal entities. Also, the activity of the prosecutor in the administrative process has a number of very important and significant features that distinguish the activity of the prosecutor in the criminal process.

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