Public administration in Russia as a subject of administrative procedure

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.

Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech Republic

One of the three most important types of actions in the Czech administrative judiciary is the action for protection against the inaction of an administrative body. Judicial protection follows on from the protection within the administrative proceedings (according to the Administrative Procedure Code). Its entrenchment in the Czech law in 2002 was a huge positive. Nevertheless, in practice there are some controversial issues or issues for discussion which relate to this action. The article analyses the essence of this action, its conditions and hearing in court. However, the main attention is paid to the problematic aspects of the action, both those regarding its legislation and those arising from the practice and case law relating to protection against administrative inaction.

ON COGNITION AND PROVING IN CASES OF NON-CONTENTIOUS JURISDICTION

The article analyzes the general theory of judicial knowledge and proof, its capabilities and implementation in the consideration and resolution of cases of special proceedings in civil, arbitration, administrative proceedings. The approaches to cognitive and evidentiary activities in controversial (claim) and indisputable (special) proceedings are compared. The author considers the original system of collecting, presenting and evaluating evidences, created in the field of voluntary jurisdiction in the countries of civil law, its advantages and disadvantages in comparison with the national tradition of the unity of legal regulation of judicial knowledge and proof. An overview of the current state of the doctrine and practice of proving in special proceedings is given, an opinion is expressed about the need to refine the general provisions on proving in special proceedings. The prospects for the normative establishment of the limits of judicial research in terms of the volume of facts and the depth of their knowledge are outlined. It is stated that in cases of special proceedings, the “standard of proof” has always been higher in comparison with cases of claim proceedings. A number of new rules for establishing the circumstances of cases and proving are proposed: the priority of direct personal perception of the judge in the cognition of facts that are important for the case before proving them; freedom of means of evidence – the ability to use information about the circumstances of the case without restrictions on its sources (means of proof); freedom in choosing the rules for extracting information from a source (means of proof); different regulation of the burden of confirmation and the burden of proof.

Rozwój instytucji wznowienia postępowania administracyjnego: od totalitaryzmu do demokracji

The purpose of the paper is to present the evolution of the legal shape the institution of resuming administrative proceedings has undergone, starting from the classic regulation in the second decade of the 20th century, through the Polish People’s Republic period, to the present day. The main function of the discussed procedural institution is to verify the final resolution of an individual case if the already completed procedure was affected by what qualified as procedural defect. The resumption of administrative proceedings in the present formula, mainly regulated by the Code of Administrative Procedure, was shaped mainly during the totalitarian rule of the Polish United Workers’ Party of the PRL period. As a consequence, the way the discussed procedural institution formed was influenced by such circumstances as: the one-party system, the lack of social consultations before its passing, or the imposition of the communist ideology adopted in advance, affecting the legal understanding of individual premises for the resumption of proceedings. Due to the lack of administrative judiciary until 1980, which could independently control the public administration activities in the context of correctly interpreting and applying the provisions on resuming administrative proceedings, it was entirely dominated by the communist authorities. Importantly, the administrative law system during the existence of the so-called Polish People’s Republic — which was de facto a non-sovereign state strongly influenced by the Soviet Union — made it impossible for individual legal institutions, including the institution of resuming administrative proceedings, to settle into social and economic realities naturally and free from extra-legal influences. Establishing the administrative judiciary in the form of the Supreme Administrative Court on September 1, 1980 was the first announcement of the system transformation planned for the Polish Republic and democratic changes that were to affect the resumption of administrative proceedings institution by introducing an independent control of its application and interpretation. Due to the changes initiated in 1980 and continued in 1989, 1997, and 2002, the institution of resuming administrative proceedings was separated from political influence and totalitarian values in favor of a democratic state ruled by law.

The prosecutor's judicial protection of public interests in the use and protection of specially protected natural territories as a complex area of prosecutorial activity

The article deals with the topical issue of highlighting the complex direction of prosecutorial activity – the protection by the prosecutor in court of public interest in the use and protection of specially protected natural territories based on the scope of legal relations and the purpose of the activity. Taking into account the available theoretical approaches, the author proves that three criteria are basis for the allocation: 1) the complex nature of the legal regulation of the sphere of use and protection of specially protected natural territories; 2) the need to adopt a set of means of prosecutorial activity for violations of the regime of use and protection of specially protected natural territories in court; 3) the unity of the factual circumstances to be established in criminal, civil, arbitration, administrative cases, cases of administrative offences on the facts of violation of the regime of use and protection of specially protected natural territories, which in turn allows, firstly, the collected evidence to be used in criminal, civil, arbitration, administrative proceedings, in proceedings on administrative offences (respectively, unified approaches to collecting and fixing evidentiary information are required), secondly, the prejudice of judicial decisions. The allocation of an integrated direction makes it possible to improve the quality of the organisation and implementation of judicial protection of public interest in the use and protection of specially protected natural territories.

Legal policy and its effectiveness in the field of certain types of judicial proceedings

This scientific publication examines the problems associated with modern Russian legal policy and its effectiveness. In particular, the issues of both general theoretical legal nature and sectoral significance are analyzed, namely, the implementation of legal policy in the field of constitutional, criminal, civil, arbitration, administrative proceedings, as well as proceedings in cases of administrative offenses, including in the aspect of recent constitutional amendments. For researchers, teachers, postgraduates, law students, practitioners, as well as for anyone interested in modern problems of legal policy and its sectoral manifestations.

Foreigners and persons without citizenship as subjects of administrative judiciary

The right to go to court, including administrative, is one of the most important rights of citizens guaranteed by the Constitution and laws of Ukraine. In addition to the general constitutional right to judicial protection, in particular, Art. 7 of the Law of Ukraine «On the Judiciary and the Status of Judges» of 02.06.2016 № 1402-VIII, guarantees everyone the protection of his rights, freedoms and interests within a reasonable time by an independent, impartial and fair court established by law. Foreigners, stateless persons and foreign legal entities have the right to judicial protection in Ukraine on an equal footing with citizens and legal entities of Ukraine. Access to justice for every person is ensured in accordance with the Constitution of Ukraine and in the manner prescribed by the laws of Ukraine. However, along with the guaranteed right to apply to the court of foreigners, stateless persons (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as apartheid remained outside the scope of domestic law. In order to eliminate the shortcomings of the legislative regulation of the legal status of apartheid in Ukraine, the author came to the conclusion that it is necessary to eliminate the existing shortcoming by amending the Law of Ukraine «On Legal Status of Foreigners and Stateless Persons» of 22.09.2011 № 3773-V. Keywords: legal status, foreigners, migrants, apartheid, justice, legislation

Etymological essence of the procedural form as a factor of specification of the judge's profile in administrative proceedings

The purpose of the study is to establish a dialectical relationship, etymological features between the certainty of the procedural form of administrative proceedings and the level of protection of citizens 'rights in the resolution of Public Law disputes, the Prevention of abuse of citizens' rights in administrative proceedings, the weight of involving a judge in resolving disputes in separate proceedings. Methodology: in the implementation of this research, general and special methods of scientific knowledge were used: the method of system analysis, the dialectical method, the formal-logical method and the structural-functional method, as well as a number of empirical methods. Results: the authors came to the conclusion that there is no normative deterministic procedure for separate separate proceedings, which does not fit into the traditional logic on the methodological basis of the stages of administrative proceedings – dispute resolution procedures with the participation of a judge, restoration of lost proceedings and execution of court orders.

PROBLEMS OF LEGAL REGULATION OF ADMINISTRATIVE DELIVERY AND DETENTION

The purpose of this work is to study the problems of legal regulation of administrative delivery and detention in Russian administrative law and the study of possible ways to solve them. This problem is due to the fact that the Code of Administrative Offenses of the Russian Federation. The delivery time is not specified as a measure to secure proceedings on cases of administrative offenses, which is a flaw in administrative legislation and may violate the rights and freedoms of a person and citizen. And the law does not establish the duration of a person’s time in office space and his waiting for the start of legal proceedings which is a serious legislative gap. The novelty of this work lies in the formulation by Autor’s of modern and effective proposals for the revision of individual issues related to measures of administrative proceedings and the reality of solving these problems. The Code of Administrative Offenses of the Russian Federation must be modified accordingly in order to clearly regulate or establish specific time limits for the delivery in police office and the time to wait for the commencement of proceedings. In this paper, the above problems and progressive solutions are discussed in detail.

Historical Development of the Resumption of Administrative Proceedings and Prospects for This Legal Figure

This scientific report aims at presenting the historical development of the legal figure ‘resumption of the administrative proceedings. The report focuses on the origins of the resumption in modern Bulgarian law, dating back to the early 20th century, as well as on its evolution through the administrative procedure acts of 1970 and 1979 to the eventual adoption of the Code of Administrative Procedure which is currently effective.