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1
Creţu, Adrian. „Legal report of procedural contraventional law“. National Law Journal, Nr. 2(248) (Januar 2023): 279–86. http://dx.doi.org/10.52388/1811-0770.2022.1(247).24.
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In the process and the aspiration to assert itself as a distinct branch of the law, the contraventional procedural law seeks to demonstrate that the legal relationship it regulates is a separate one, completely different from that of the contraventional law. Therefore, this article has as its main objective of study, the justification of the specificity of the legal report which makes it possible for the procedural contraventional law to be permanently separated from the criminal procedural law, branches of the law which differ according to a number of characteristics. Not with standing the fact that the procedure for examining contraventions is required to be more simplified, taking into account the low seriousness of the offense, however, in a country where the abuse of office is at home and established officers see every citizen as an offender or possibly a criminal, legislative measures that would closely monitor their actions cannot be effective without imposing an infringement procedure under separate rules. Some circumstances specific to the geographical area in which we live, the wrong perception on behalf of public officials on the procedure for documenting contraventions, the traditions and the specificity of the post-socialist society, require that a distinct branch of law to be regulated - an procedual contraventional law. The description of the legal report around which this branch of law operates is the subject of this work.
2
Rakipova, Inna, Oleksandr Podobnyi, Maksim Smirnov, Oleksiy Ulianov und Nataliia Chipko. „Communication of the victim in the criminal proceedings of Ukraine in the conditions of martial law“. DIXI 25, Nr. 2 (01.06.2023): 1–18. http://dx.doi.org/10.16925/2357-5891.2023.02.12.
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The article examines the doctrinal understanding of the concept of ‘communication’ in criminal procedural law. It was concluded that communication in the criminal process (criminal-procedural communication) is an end-to-end exchange of information, which is characteristic of the criminal-procedural communicative space of both law-making and law-enforcement spheres. In a broad sense, it consists in law enforcement (judicial, doctrinal) interpretation before, during and after the application of the criminal procedural norm. In a narrow sense, this is the exchange of procedurally significant information by the participants of criminal procedural activities between themselves and the court in connection with the progress of criminal proceedings. Such an exchange consists in the provision of information, joint participation in the conduct of procedural actions and their mutual perception of each other, which is implemented in the procedural forms provided for by law. It is noted that the implementation of criminal proceedings in the conditions of martial law in Ukraine reinforces the relevance of the problem of the victim’s communication. It also requires the creation of human rights sectoral mechanisms that would ensure the protection of the victim’s rights. In particular, regarding compensation for damage caused to him/her as a result of criminal offenses due to the conduct of military operations on the territory of Ukraine. It is emphasized that the reloading of the ‘image of the victim’ in criminal procedural law should take place on the basis of the victim-centered approach proposed by the Advisory Mission of the European Union in Ukraine.
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ugli, Usmanaliev Najmiddin Kushbak. „CLASSIFICATION OF CRIMINAL PROCEDURAL TERMS AND THEIR PLACE IN PROCEDURAL LAW“. International Journal of Law And Criminology 4, Nr. 7 (01.07.2024): 38–43. http://dx.doi.org/10.37547/ijlc/volume04issue07-07.
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The article discusses the classification of criminal procedural terms and the place of classification in the theory of criminal procedural law. Opinions are also presented on the types of classification of procedural deadlines, their significance, the need for classification, and the classification of procedural deadlines used in pre-trial proceedings.
4
Sharipova, Aliya. „The Concept of Convergence of Criminal Procedure Law with Other Branches of Procedural Law“. Legal Concept, Nr. 1 (Mai 2022): 57–63. http://dx.doi.org/10.15688/lc.jvolsu.2022.1.8.
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Introduction: excessive variability of the criminal procedure legislation against the background of other branches, the need to take into account pre-trial court decisions, and unified processes of digitalization in justice have actualized the study of the possibility of convergence of four procedural branches of law. The purpose of the work is to develop the key provisions of the concept of convergence, i.e. coming together of criminal procedural law with civil procedural, arbitration procedural, and administrative procedural law. The approximation of criminal procedure law to other procedural branches due to the unification of a number of intersectoral institutions should serve the task of improving the quality of justice. Methods: the defining method of research is the method of comparative jurisprudence. The most important institutions of the “judicial” part of the criminal procedure are compared with their branch counterparts from other procedural branches of law. The research also uses the methods of historicism, system-structural analysis, and synthesis. Results: for some universal procedural institutions, fundamental differences in normative consolidation have been identified, the manifestations of which reduce the quality of justice in criminal cases. The gradual borrowing of the techniques tested in them into the criminal procedure from other branches can ensure procedural convergence without creating supra-sectoral structures of judicial law. Conclusions: the author proposes the ways of convergence of the criminal procedure “split off” from the rest of the procedural branches. A preliminary legislative examination of the impact on the identity of the normative consolidation of universal intersectoral institutions should be applied to draft laws on amendments to any procedural code. The joint scientific development of intersectoral problems in procedural law and the development by the law enforcer of unified approaches in “judicial” law will contribute to the convergence of not only the law but also science and law.
5
Potapenko, Evgeny G. „On the Ontology of Procedural Economy in Civil Procedure Law“. Arbitrazh-Civil Procedure 1 (21.12.2023): 44–48. http://dx.doi.org/10.18572/1812-383x-2024-1-44-48.
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The article covers the study of the place and role of procedural economy in civil procedural law and shows an attempt to reveal the ontology of procedural economy. The author critically examines aspirations to secure the status of the principle of civil procedural law for procedural economy. The author comes to the conclusion that economy should be understood as a secondary requirement (or goal of the second level) to the procedural activity. In means that procedural economy cannot directly determine the content of the principles of civil procedural law.
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Cherneha, V. M. „SYSTEMATICS OF ATYPICAL PROVISIONS CIVIL PROCEDURAL LAW“. Constitutional State, Nr. 53 (15.04.2024): 131–37. http://dx.doi.org/10.18524/2411-2054.2024.53.300728.
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The article is devoted to the systematics of atypical provisions of civil procedural law. The systematics of atypical provisions of civil procedural law include: сivil procedural law goals-provisions; сivil procedural law principles-provisions; сivil procedural law definition-provisions; сivil procedural law terms-provisions; operational сivil procedural law provisions; conflict сivil procedural law provisions. Atypical provisions of civil procedural law are differentiated into several groups: a) atypical provisions of civil procedural law, directing the system of civil procedural law; b) atypical provisions of civil procedural law that simplify the enforcement of typical rules of civil procedural law; c) atypical provisions of civil procedural law designed to preserve the coherence of the system of civil procedural law. The scientific approach to the naming of the basic principles of civil justice, enshrined in Part 3 of Art. 2 of the Civil Procedure Code of Ukraine, as well as the author’s revision of Part 3 of Art. 2 of the Civil Procedure Code of Ukraine. The principles-provisions of civil procedural law are differentiated into: a) established principles of civil justice of Ukraine inherited by modern civil procedural legislation, transferred on the basis of historical experience; b) new principles of the civil procedure of Ukraine, which for the first time in law-making practice are enshrined in the Civil Procedure Code of Ukraine.
7
KIM, SANGSOO. „The Harmonization of Procedural Law and Substantive Law“. Korea Association of the Law of Civil Procedure 26, Nr. 3 (31.10.2022): 423–59. http://dx.doi.org/10.30639/cp.2022.10.26.3.423.
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This study deals with case law that has an important impact on the field of civil law. In the area of civil law, many issues straddle the substantive and procedural law portions of the law. The main case law covered in this study concerns dividend and unjust enrichment litigation in civil enforcement proceedings. This issue is an appropriate subject matter when discussing the relationship between substantive law and procedural law because certain interpretive standards have been set by precedent. The study of this case is the starting point for a comprehensive study of the harmonization of substantive and procedural law.
In this study, I summarized the academic theories concerning such precedents and clarified the significance of the precedents by referring to Japanese precedents and academic theories as well. This precedent reaffirmed its own position and made it clear that, absent a major change in the law in the future, trial practice will allow general creditor to do unjust enrichment litigation without doing objection to a dividend.
However, a detailed investigation into the possibility of unjust enrichment litigation certification specifically must be conducted in future studies. It is important to look for interpretative arguments and necessary legal amendments regarding dividend and unjust enrichment litigation from the perspective of harmonizing substantive and procedural law. A simple substantive or procedural law unique arproach may not lead to a reasonable conclusion. A comprehensive study of substantive and procedural law should investigate whether the use of unjust enrichment litigation should allow an opportunity to modify dividend, and how to ensure an effective procedure for dividend.
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Brensike Primus, Eve. „Federal Review of State Criminal Convictions: A Structural Approach to Adequacy Doctrine“. Michigan Law Review, Nr. 116.1 (2017): 75. http://dx.doi.org/10.36644/mlr.116.1.federal.
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Modern state postconviction review systems feature procedural labyrinths so complicated and confusing that indigent defendants have no realistic prospect of complying with the rules. When defendants predictably fail to navigate these mazes, state and federal courts deem their claims procedurally defaulted and refuse to consider those claims on their merits. As a result, systemic violations of criminal procedure rights—like the right to effective counsel—persist without judicial correction. But the law contains a tool that, if properly adapted, could bring these systemic problems to the attention of federal courts: procedural adequacy. Procedural adequacy doctrine gives federal courts the power to ignore procedural defaults and declare state procedural rules inadequate when those rules unduly burden defendants’ abilities to assert violations of their federal rights. And unlike the more commonly invoked cause and prejudice doctrine, which excuses default on the theory that a defendant’s unusual circumstances justify an exception to the rules, procedural adequacy doctrine allows courts to question the legitimacy of the state procedural regimes themselves. Procedural adequacy doctrine can therefore catalyze reform in a way that cause and prejudice cannot. For procedural adequacy litigation to catalyze reform, however, it must be adapted to modern circumstances in one crucial respect. Historically, procedural adequacy doctrine focused on cases involving the deliberate manipulation of individual rules. Today, what is needed is a structural approach to adequacy, one that would consider how the interaction of multiple procedural rules unfairly burdens federal rights. Such a structural approach to adequacy is consistent with the doctrine’s original purposes and is the most sensible way to apply procedural adequacy under current conditions. Litigants should accordingly deploy a structural approach to procedural adequacy doctrine and use it to stop states from burying systemic constitutional violations in complicated procedural labyrinths.
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van Eijsden, Arjo. „The Impact of European Law on Domestic Procedural Tax Law: Wrongfully Underestimated?“ EC Tax Review 19, Issue 5 (01.10.2010): 199–209. http://dx.doi.org/10.54648/ecta2010026.
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CJ case law reveals that European law is having an increasing influence on procedural tax law. In this article, an overview of the influence of European law on procedural tax law will be depicted. Procedural tax law is here defined as the totality of rules regarding the manner in which material tax liabilities should be expressed in the actual payment of tax. The authors will describe the above-mentioned influence in two articles. In part 1, the authors first outline the European law framework against which domestic procedural tax law should be tested. Subsequently, they discuss in more detail the notable influence of European Community (EC) law to several specific domestic rules and concepts of procedural tax law, such as entitlement to compensation for EC infringements, unlawful administration of justice, rules of evidence, and fixed payment of procedural costs. In part 2, the authors discuss whether national time limits, the impossibilities for an administrative body to re-examine an earlier decision, procedural legal effect, and the principle of res judicata, are compatible with European law.
10
Dаvronov, Doniyorbek. „Procedure and basis for application of procedural coercive measures“. Tsul legal report 3, Nr. 1 (15.03.2022): 68–77. http://dx.doi.org/10.51788/tsul.lr.3.1./whzg3409.
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This article analyzes the types of coercive measures used in civil proceedings, including coercion, warning, expulsion from the courtroom, and court fines. The article also discusses the grounds, procedure and timing of the application of coercive measures, the need for coercive measures and the practical problems arising in the process of litigation, the experience of international countries in this area, as well as the application of coercive measures in society. The role and significance of coercive procedural measures in the judicial system, its application, procedure, scope, restrictions and exceptions in the using of coercive measures, including compulsory attendance, the bodies authorized to apply these measures, their rights and obligations established by the law, relations between judicial bodies and bodies authorized to implement coercive procedural measures, comparative analysis of national and foreign civil procedural legislation on applying of coercive measures in civil court proceedings, similarities and different aspects, making suggestions and recommendations on improving procedural coercive measures in civil proceedings are analyzed
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Kutko, Viktoria V., Boris V. Makogon, Aleksej A. Shishkin, Elvira M. Vasekina und Yuliya M. Goryachkovskaya. „PROCEDURAL LAW DEVELOPMENT STAGES“. TURKISH ONLINE JOURNAL OF DESIGN, ART AND COMMUNICATION 2018 (01.03.2018): 226–30. http://dx.doi.org/10.7456/1080mse/027.
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Gradoni, Lorenzo. „Un-procedural Customary Law“. Journal of International Dispute Settlement 10, Nr. 2 (03.05.2019): 175–99. http://dx.doi.org/10.1093/jnlids/idz008.
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Puzyrnyi, O. O. „Procedural form as a category of administrative law and procedure“. Uzhhorod National University Herald. Series: Law 2, Nr. 82 (10.06.2024): 253–58. http://dx.doi.org/10.24144/2307-3322.2024.82.2.40.
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This scientific article explores the issue of procedural form as a crucial category in the context of administrative law and contemporary judicial proceedings. The essence and role of the procedural form in resolving administrative disputes and establishing the rights and obligations of process participants are examined. The article highlights the historical development of the concept of «procedural form» in administrative law and analyzes current trends in its definition and application. Special attention is given to the impact of this category on ensuring justice and the efficiency of administrative justice. The research also focuses on practical aspects of applying the procedural form in the field of administrative law, considering the importance of ensuring access to justice and timely case resolution. Specific recommendations are proposed for improving legislation and practices in administrative proceedings, taking into account the studied aspects of procedural form. The obtained results can be valuable for scholars, practitioners, and legislators interested in issues of administrative law and procedure. Additionally, the article explores the correlation between procedural form and key principles of administrative justice, such as the principles of legality, rights and freedoms of citizens, transparency, and openness of judicial proceedings. In the context of current socio–cultural and technological changes, it is necessary to analyze the impact of innovative approaches to judicial proceedings on procedural form and the efficiency of administrative justice. The article considers not only theoretical aspects but also practical issues related to the development and improvement of procedural legislation in administrative law. Possible obstacles and challenges in implementing modern approaches to procedural form are discussed, along with suggested strategies to overcome them. This article serves as a significant contribution to the development of scientific discourse on administrative justice and procedure, presenting new ideas and concepts that can be used for further research in this field.
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Basson, Gideon Burnett. „Procedural justice as a feature of transformative substantive equality: Critical notes on Social Justice Coalition v Minister of Police (CC)“. South African Law Journal 141, Nr. 2 (2024): 349–90. http://dx.doi.org/10.47348/salj/v141/i2a5.
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The case of Social Justice Coalition v Minister of Police 2022 (10) BCLR 1267 (CC) is concerning. The litigants and the Constitutional Court sidestepped the innovative and transformative role that is envisaged for access to courts and judicial proceedings and that is required by a substantive conception of equality underlying impoverished peoples’ equality rights. This article argues that procedural justice was overlooked as a feature of transformative substantive equality to be applied in a claim relating to poverty-based discrimination. Procedural justice is vital, as impoverished people encounter pervasive economic, social, political and procedural barriers to accessing justice in various democratic forums, including courts. To introduce procedural justice as an indispensable feature of transformative substantive equality, I use the work of the global justice theorist, Nancy Fraser. Fraser’s work provides formidable insights into developing the existing constitutional framework to overcome the bracketing of the pervasive material and social inequalities that are characteristic of liberal rights claims. By focusing on courts and the procedurally innovative demands of equality proceedings, I argue that the judgment is a worrying illustration of the deepening of impoverished people’s democratic erasure. The judgment is procedurally formalistic, effectively absolving courts from their accountability function for redressing poverty and inequality.
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Kudryavtsev, Roman S., und Tatyana P. Makashova. „Systematization of Civil Procedural Law“. Bulletin of Chelyabinsk State University Series Law 9, Nr. 1 (06.06.2024): 44–50. http://dx.doi.org/10.47475/2618-8236-2024-9-1-44-50.
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This article analyzes existing approaches in legal doctrine to understanding the systematization of civil procedural law. The main properties of the system of this branch of law are determined — the unity and interconnection of legal norms. It has been established that the signifi cance of the system of civil procedural law lies in the fact that thanks to it, a consistent study of the development of civil procedural law is determined, and the relationship of its individual legal norms included in the unifi ed system of the branch of law is studied. The issue of the relationship between civil and arbitration procedural law is considered and the conclusion is formulated that the constitutional legalization of arbitration proceedings should be considered as formalizing the degree of independence of arbitration procedural law and therefore there is no need to include it in the system of civil procedural law today. At the conclusion of the work, the authors came to the conclusion that in the general theory of law there is no such unit of division as “part of the legal branch,” however, the overwhelming majority of procedural scientists are reduced to dividing the system of civil procedural law into precisely these “parts.” Moreover, in this case, “part of the legal industry” should be understood as a set of tools used by the legislator for structuring industries in the form of “legal norms”, “institutions”, “sub-sectors”, which divide the system of civil procedural law into general and special parts, and, to this division, some scientists also add a particular part, including in it specifi c relations that arise in certain types of civil proceedings.
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Shytov, Alexander, und Peter Duff. „Truth and procedural fairness in Chinese criminal procedure law“. International Journal of Evidence & Proof 23, Nr. 3 (06.03.2019): 299–315. http://dx.doi.org/10.1177/1365712719830704.
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Chinese criminal procedural law has recently been undergoing rapid transformation. While the search for ‘truth’, embodied in a confession by the accused, has traditionally dominated the criminal process, efforts are now being made to secure more procedural fairness. This is exemplified by the introduction of rules to render inadmissible at trial confessions extorted from suspects by ill treatment. Unsurprisingly, it has proved difficult to shift the mindsets of the players in the criminal justice process. The new rules have not been fully implemented in many respects and there is still confusion over the criteria to be used by the courts in making decisions about inadmissibility. Further, it has proved difficult to enable defence lawyers to play a more active role in defending their clients and to render it normal for witnesses to testify at trial. This handicaps the drive to secure a better balance between the search for truth and procedural fairness in the Chinese criminal trial.
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White, Clair, Michael Hogan, Tara Shelley und N. Prabha Unnithan. „The influence of procedural justice on citizen satisfaction with state law enforcement“. Policing: An International Journal 41, Nr. 6 (03.12.2018): 687–703. http://dx.doi.org/10.1108/pijpsm-02-2017-0026.
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Purpose There are a number of individual and contextual variables that influence public opinion of the police but we know little about the public opinion regarding state law enforcement agencies. Prior studies involving municipal police and other criminal justice agencies indicate that the perceptions of procedural justice, or fair treatment, are important predictors of citizen satisfaction with police services. The purpose of this paper is to examine whether individuals who perceive procedurally just treatment during their contact with a state patrol officer improve the levels of satisfaction with the state patrol. Design/methodology/approach This paper presents the results of a public opinion study (n=846) regarding the Colorado State Patrol conducted in 2009. A subsample of 393 individuals who had contact with the state patrol and were further surveyed about their contact with the officer. Logistic regression models were used to examine individual- and contextual-level variables influence satisfaction with the state patrol and whether this relationship was mediated by the perceptions of procedural justice. Findings The authors found that individuals who perceive higher levels of procedural justice expressed higher satisfaction with the state patrol. Females, older respondents, and non-white respondents expressed greater satisfaction, as well as those who had voluntary contact or were not arrested. More importantly, procedural justice mediated the effect of involuntary contact and arrest on levels of satisfaction, and while non-white respondents were less likely to experience procedural justice, when levels of procedural justice are controlled for, they have higher levels of satisfaction. Originality/value The findings emphasize the significance of citizen perceptions of procedural justice during contacts with members of the state patrol. The current study contributes to our knowledge of procedural justice and citizen satisfaction with police encounters given previous research on citizen satisfaction with police focuses almost exclusively on local-level agencies, and research on procedural justice asks the respondents almost exclusively about the police in general.
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Beliakovich, Elena V. „Category of time limit in administrative procedural law“. RUDN Journal of Law 25, Nr. 4 (15.12.2021): 791–813. http://dx.doi.org/10.22363/2313-2337-2021-25-4-791-813.
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Administrative procedural law is full of numerous and varied procedural time limits which, as time-related categories, define the temporal boundaries of the administrative process and can act as an effective regulator of administrative procedural legal relations. The article examines the concept of time limit in administrative procedural law from the standpoint of integrativeness. It notes that the studied issue was not thoroughly elaborated in science, which appears to result from the young age of administrative procedural law as a separate branch. The research identifies substantial characteristics of the administrative procedural time limit. It reveals the temporal content of time limit in administrative procedural law. A conclusion is reached that the administrative procedural time limit results from the impact of temporal categories on the administrative procedural legal regulation when administrative cases are settled by a public administrative authority and a court. The administrative procedural time limit is recognised as a tool used for temporalizing the administrative process and aimed at ensuring the dynamism of administrative procedural activities through duration, speed, rhythm and cyclicity. The article identified the trend towards the legislative refinement of the administrative procedural time limits. In an integrative sense, the attributes inherent to the administrative procedural time limit reveal the versatility and rich inner content of the concept of time limit in administrative procedural law, which results from the legal synthesis of temporality and authoritative procedural activities of public administrative authorities and courts in settling administrative cases. The article proposed the definitions for the category of time limit in administrative procedural law both in a narrow and broad sense, as well as with an emphasis on the temporal side of the examined category.
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Zolotukhin, A. D., und L. A. Volchihina. „Some Arguments about the Benefits of Applying the System of Civil Procedure Law in Civil Proceedings“. Pravo: istoriya i sovremennost', Nr. 4(13) (2020): 060–66. http://dx.doi.org/10.17277/pravo.2020.04.pp.060-066.
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On the basis of research, the structure of civil procedural law is defined as a system rather than an elementary set of legal norms and institutions. Determining the significance of the system of civil procedural law, it was concluded that having individuality, such a structure is one of the features that distinguish civil procedural law from other branches of law. The authors also come to the conclusion that the established properties of the system of civil procedural law, such as unity, interconnection (interaction) and independence of application, determine the possibility of applying individual elements of the structure of the system of civil procedural law, when considering substantive situations as an independent both individually and collectively. This ensures the possibility of obtaining the required positive result and characterizes it as universal. Critically examining various concepts, the authors offer their own definition of the concept of the system of civil procedural law. The conclusion is also made about the relationship of the system of civil procedural law with the principles of civil procedural law and the procedural form of civil legal proceedings.
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Orlandi, C. G. „Procedural law issues and uniform law Conventions“. Uniform Law Review - Revue de droit uniforme 5, Nr. 1 (01.01.2000): 23–41. http://dx.doi.org/10.1093/ulr/5.1.23.
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SHARIPOVA, Aliya Rashitovna. „CONVERGENCE OF PROCEDURAL LAW – A PERSPECTIVE FOR CRIMINAL PROCEDURE“. Rule-of-law state theory and practice, Nr. 3(73) (2023): 187–91. http://dx.doi.org/10.33184/pravgos-2023.3.22.
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Hasan, Ahmadi, Anwar Hafidzi und Yusna Zaidah. „Modern Law Aspect on Procedural Decision of Sultan Adam Law“. Al-Ahkam 29, Nr. 2 (07.11.2019): 159. http://dx.doi.org/10.21580/ahkam.2019.29.2.4285.
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<p align="center">The main focus of this research was analyzing the normative procedural decision of Sultan Adam Law which was applied by Sultan Adam during 1835 AD. Its emergence was for strengthening Islam Aqeedah for its believers and clinging on to Syafii Madhhab. Sultan Adam Law was remarkable to scrutinize, especially when associated with the modern law aspect. By employing the law history approach, this research attempted to respond to Sultan Adam Law procedural decision document issues which were associated with the modern law aspect. It could be seen through several sides such as political law, law substance, arrangement system as well as procedural aspect. The research also responded on how several factors explained Sultan Adam Law included in modern law. Based on the analysis result, it could be concluded that Sultan Adam Law was a written law decision which its existence in Banjarese people contained principles and legal norms as well as several procedural law decisions in a modern way. Although it was simple systematics which did not classify based on article and section, it contained several decision or principles and legal norms.</p>
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Jakimoski, Laze, und Pakiza Tufekci. „CHARACTERISTIC OF THE SUBSTANTIVE LAW“. Knowledge International Journal 28, Nr. 6 (10.12.2018): 1977–84. http://dx.doi.org/10.35120/kij28061977l.
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The division of material and procedural law has its deep traditions both in the law and in the legal science. Until recently in the continental legal system had primacy substantive law and the procedural law was perceived as something secondary, as a technology whose task is to serve the substantive law. However, in recent years, more and more widespread is the understanding that both substantive and procedural law are equally important. There is no basis for the material right to be considered as primary and priority, and the process as secondary and subordinate. Substantive law is inextricably linked with procedural law. They can be considered as two sides of the legal category - legal regulation and procedural means for administrative and judicial protection of subjective rights in regulated public relations. In the substantive law, the legal norm determines what the rights and obligations of the legal entity are. The process law determines how these rights and obligations will be realized, that is, the procedure.
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Tang, Yan. „The Relationship between Law and Justice“. Journal of Education, Humanities and Social Sciences 42 (09.12.2024): 205–10. https://doi.org/10.54097/vsd08520.
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Law and justice have been talked about since ancient times, but even today, there are still cases of law violating justice. Theoretically, law can be divided into natural law and statute law, justice into substantive justice and procedural justice. Then their definitions are proposed. Natural law derives from reason and morality in the human heart, and statute law is regarded as irrelevant to justice. Substantive justice refers to the value standard that people should follow, and procedural justice refers to the fairness of the judgment process. The relationship between the four is also analyzed. The theories of illegality of evil law, procedural natural law, irrelevance of statute law and substantive justice, and procedural justice derived from statute law are mentioned in this paper. This article also points out that an important reason of current law failing to deliver justice is the imbalance between substantive justice and procedural justice. Finally, two solutions are proposed, which are to test the judgment by natural law, and to combine procedural justice with substantive justice.
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Parasyuk, M. V. „Procedural integrity and electronic technologies in civil law“. Analytical and Comparative Jurisprudence, Nr. 3 (22.07.2024): 155–59. http://dx.doi.org/10.24144/2788-6018.2024.03.25.
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The article is devoted to the study of the category «procedural integrity» and the use of electronic technologies in civil law based on the current legislation with the use of a complex system analysis in the context of countering the abuse of procedural rights. The object of the study is social relations that are formed in the process of implementing the principle of procedural fairness in the context of the use of information and communication technologies. The subject of the study is the norms of domestic legislation regulating the implementation of procedural fairness in the civil law of Ukraine. Countermeasures against the abuse of procedural rights is connected with two fundamental points - with the wide spread of forms of behavior that are attributed to the offense in question, and the lack of development of means of effective fight against procedural abuse. In jurisprudence and judicial practice, concepts and categories belonging to the field of ethics are used to solve this problem. Such a category is procedural integrity. In modern conditions, research on the category of procedural good faith in civil law is being updated. Good faith by nature is a non-legal category, to determine the content of which it is necessary to refer to other concepts and categories of ethics. The category «procedural good faith» is used by the legislator to describe the limits of lawful behavior and determine the possible implementation of civil procedural rights. It is noted that the provision of the category of procedural good faith as a legal obligation should be considered in the context of the elements of the normative and theoretical construction of the abuse of procedural rights and the mechanism of combating abuse in civil law. The category of procedural good faith plays a certain role in determining the criteria for distinguishing the legitimate use of the right from its abuse. This problem is relevant for civil procedural law, because by its legal nature, civil law is designed to mediate the conflict of the parties, their competition and opposition.
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Aisyah, Aisyah, Azharuddin Azharuddin, Said Rizal und Suhaila Zulkifli. „Studi Perbandingan Alat Bukti Saksi dalam KUHAP dan KUHAP Islam“. Kajian Ilmiah Hukum dan Kenegaraan 1, Nr. 1 (24.08.2022): 1–11. http://dx.doi.org/10.35912/kihan.v1i1.1338.
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Purpose: of the study is to provide knowledge and comparative analysis of witness rules in the burgerlijk wetboek/civil procedural law in Indonesia and Islamic civil procedural law as well as to provide a comparison of witness arrangements in the burgerlijk wetboek/civil procedural law in Indonesia and the burgerlijk wetboek/Islamic civil procedure law. Result: Civil procedural law makes witnesses not perfect evidence. However, for the religious court in the case of divorce, the witness seems to have the same power as a letter, even thought in principle it is different. Contribution: This condition seems to make civil procedural law in the Islamic religious court the same as the law stipulated in the Quran&Hadith. Where as civil procedural law in Indonesia is the same between state and religious courts.
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Vinnychenko, V. „The concept of criminal procedural legal relations: definition of concept“. Herald of criminal justice, Nr. 3 (2019): 185–96. http://dx.doi.org/10.17721/2413-5372.2019.3/185-196.
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The concept of criminal procedural legal relations in the context of modern globalism of criminal proceedings is considered in the article. Scientific approaches to definition of concept of legal relations, subject of criminal procedural law, method of criminal procedural law are investigated. The purpose of the article is to define the concept of criminal procedural legal relations under modern criminal proceedings. The author is investigated: Approaches to defining the concept of legal relations and Criminal procedural legal relations; Subject of criminal procedural law and method of criminal procedural law. During the research, a critical analysis of the mentioned scientific material is made and its own scientific approach to the definition of the criminal procedural legal relations is developed. During the copyright it is investigated a number of methods of scientific cognition, in particular, how: the method of scientific formalization; Axiomatic method; Hypoolytic-Deduktive method. The concept of the theory of Law on definition of notion and signs of legal relations was investigated, the analysis of these concepts was made and the concept of criminal procedural legal relations was chosen. The concept of criminal procedural legal relations provided by Ukrainian scientists and the critically-critical analysis of these concepts is investigated. It is given that existing approaches are not correct for modern legal reality and cannot be flexible in the face of progressive globalized development of the modern criminal procedural law. Scientific approaches to the subject of criminal procedural law as signs of criminal procedural legal relations are investigated. Scientific approaches to definition of criminal procedural law method as signs of criminal procedural legal relations are investigated. The analysis of the criminal procedural legislation and precedents of the European Court of Human Rights as a source of international public law is carried out. Generalized and scientifically deduction method output the concept of criminal procedural legal relations, which may be applied under the conditions of modern globalized criminal proceedings. The study has an interdisciplinary character. The author conducts research using the scientific base of Globalistics, Furturilogy, international relations.
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Shtefan, Olena. „The concept and meaning of the principles of civil procedural law in martial law“. Theory and Practice of Intellectual Property, Nr. 3 (09.08.2022): 5–14. http://dx.doi.org/10.33731/32022.262616.
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Keywords: principles of civil procedural law, principles of civil procedure, martial law
The article reveals the meaning of the concept of principles of civilprocedural law, its relationship with other related concepts, in particular, with the conceptof «principles of civil procedure», defining the limits of their application. The conclusionis substantiated that the purpose and tasks of civil proceedings reveal the essence ofthe principles of civil procedural law. The essence of the principles of civil procedural lawis revealed through their features. Different approaches in the science of civil procedurallaw to determine their characteristics are analysed.The definition of the principles of civil procedural law is formulated, which are thebasic ideas, fundamental principles of the tasks and objectives of civil justice, enshrinedin the rules of civil procedural law, which reflect the specifics of the subject and methodof legal regulation of civil procedural law relations and are in a dialectical relationshipand interdependence with other elements of the mechanism of legal regulation.The functional purpose of the principles of civil procedural law is directly related tothe impact on legislative activity, becoming its guideline. On the other hand, externalfactors can influence the principles themselves and the mechanisms for their implementation.The peculiarities of the implementation of some procedural actions in martiallaw, which are reflected in the draft Law of Ukraine «On Amendments to the Code of AdministrativeProcedure of Ukraine, the Civil Procedure Code of Ukraine and the CommercialProcedural Code of Ukraine (concerning the conduct of proceedings under martiallaw or state of emergency)» № 7316 and related to the implementation of the principleof openness of civil proceedings. The peculiarities of court summonses andnotifications for the period of martial law or state of emergency are revealed, the author'sopinion on the proposed mechanism of realization of the principles of openness of civilproceedings, equality and justice, legal certainty is stated. He substantiated the conclusionthat the legislator did not consider the system of principles of civil justice to ensureaccess to martial law, and some provisions of the law contradict the principles of opennessand several constitutional principles such as equality and justice, legal certainty.
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Al Fikry, Ahmad Habib, Muhammad Riyan Afandi und Dian Latifiani. „National Law Development through Civil Procedure Law Reform as a Manifestation of State Goals during the Covid-19 Pandemic“. Lex Scientia Law Review 5, Nr. 2 (29.11.2021): 41–64. http://dx.doi.org/10.15294/lesrev.v5i2.50483.
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The purposes of this paper are: (i) to describe various problems in the philosophical, sociological and juridical aspects of the existence of civil procedural law as formal law in Indonesia; and (ii) offer solutions to these problems by updating the civil procedural law. The method in this paper uses normative legal research with a statutory approach by conducting a literature study using primary and secondary materials. The results of this paper indicate several things. The first, sociologically, people's lives develop dynamically so that the provisions of civil procedural law are not in accordance with the times. As for juridically, this provision is not unification, legal uncertainty, and a legal vacuum. The second, legal reform is part of the development of national law by taking into account the framework of the national legal system. The third, there are efforts and forms of civil procedural law reform carried out by each element of state power. The novelty of this paper is containing a comprehensive discourse that answers the problem of the applicability of civil procedural law with the efforts and forms of reform of civil procedural law in Indonesia. The conclusion in this paper is the provisions of civil procedural law need to be updated based on philosophical, sociological, and juridical considerations. Reform of civil procedural law must take into account the national legal system, principles, and content material in its formation.
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Saenah, Siti. „TYPES OF EVIDENCE: A COMPARATIVE STUDY BETWEEN ISLAMIC LAW AND CIVIL PROCEDURE LAW“. JURISTA: Jurnal Hukum dan Keadilan 4, Nr. 1 (15.07.2020): 70–93. http://dx.doi.org/10.22373/jurista.v4i1.21.
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The writing of this article is to find answers to the main problems, namely how are the types of evidence in Islamic law and civil procedural law and how are the similarities and differences in evidence between Islamic law and civil procedural law. The results of the study, in Islamic law the types of evidence agreed upon by scholars are seven kinds, namely: confession, testimony, oath, nukul, qarinah, qasamah, and recognition of the judge. While in civil procedural law consists of five types, namely: written evidence, witnesses, confessions, suspicion, and oaths. This is because in Islamic law regarding oaths are classified into several types as evidence. The difference lies in the evidence, and the main evidence where in Islamic law is recognition. Whereas in civil procedural law is written evidence. This is because in ancient times people who were good at writing were very few so that this written evidence was not so popular, in Islamic shari'a too.
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Matchuk, S. V. „Principles of administrative procedural law“. Analytical and Comparative Jurisprudence, Nr. 1 (02.07.2022): 184–87. http://dx.doi.org/10.24144/2788-6018.2022.01.34.
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This article is devoted to the characteristics of the content of the principles of administrative procedural law, taking into account the provisions of the draft Law of Ukraine "On Administrative Procedure". It is substantiated that in administrative-legal science the generally accepted concept of principles of administrative-procedural law is not formed, which generates discussions about their list, essence and purpose in administrative law. Therefore, it is important to study the concept of principles of administrative procedure.
The features inherent in the principles of administrative-procedural law are singled out: 1) the presence of a specific area of regulatory influence - administrative-procedural activities, 2) universality, 3) regulatory regulation, 4) fundamentality, 5) on the consideration and resolution of administrative cases, 6) the need and stability in resolving individual administrative cases in the field of public administration.
It is emphasized that the principles of administrative-procedural law reflect the worldview ideas on the settlement of relations between the subjects of public administration and persons on the consideration and resolution of administrative cases; they establish the essence of the rules of conduct of such entities; act systematically as a set of basic and general rules of conduct; their effect extends to all types of administrative procedures; they improve the sub-branch of administrative law, and their violation leads to the application of certain means of responsibility.
The author proposes to supplement the already listed in the draft Law of Ukraine "On Administrative Procedure", the list of principles of administrative procedure, the principles of administrative procedures in the state language; availability and customer focus.
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Morhunov, Oleksandr, Ihor Artemenko, Yevhen Sobol, Lilia Bobryshova und Serhiy Shevchenko. „Methodological principles of studying the essence of public administration bodies as subjects of administrative procedural law“. Cuestiones Políticas 41, Nr. 76 (06.03.2023): 453–68. http://dx.doi.org/10.46398/cuestpol.4176.26.
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The purpose of the study was to clarify the methodological foundations of the essence of public administration bodies as subjects of administrative procedural law. The methodology of scientific work is determined by the optimal combination of general and special methods of scientific knowledge, which made it possible to form a holistic understanding of the legal form of social phenomena accompanying the development of the state. It is proved that administrative procedural law has its own system, the primary element of which is the administrative procedural norm, so that its normative impact coincides with the purpose of administrative procedural law, namely the practical implementation of administrative and legal norms in the field of public law and, by extension, public administration, i.e. the transformation of substantive administrative law norms at the level of practical implementation of a particular right of a person. The system of administrative procedural law, consisting of rules, institutions and administrative procedural sub-sectors, stands out. Everything leads to the conclusion that the system of administrative-procedural law is in the formative stage and is structurally composed of administrative-procedural norms, institutions and sub-branches and is essentially related to the substantive norms of administrative law.
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Belyaev, V. P., und G. S. Belyaeva. „Procedural Law Regulation: The Problem of Efficiency“. Actual Problems of Russian Law 18, Nr. 11 (16.10.2023): 29–38. http://dx.doi.org/10.17803/1994-1471.2023.156.11.029-038.
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The paper provides for some meanings of such an important scientific direction as the improvement of procedural and legal regulation. The authors describe this regulation as a specific way of legal regulation of public relations in general. The essence of procedural and legal regulation involves the activity of authorized entities who, with the help of procedural and legal means, provide regulation and protection in the process of ordering public relations. In the most general form, efficiency is understood as the balance between the actual result obtained and the planned goal, the achievement of which is conditioned by the solution of the corresponding tasks. In turn, the procedural and legal regulation is mediated by the relevant criteria and conditions enumerated in the paper. The authors name the improvement of procedural legislation among such conditions, since now procedural legislation has collisions, gaps, imbalances, etc. Perfect legislation means effective and high-quality legislation, which requires appropriate monitoring, unification of the tasks of judicial proceedings, intersectoral convergence, etc. The paper highlights the importance of procedural principles. The authors propose to consolidate in legislation such of them as justice, equality of everyone before the law and the court, as well as the principle of establishing objective truth. The authors propose to develop and adopt at the level of the federal constitutional law the Fundamentals of Procedural Legislation and Legislation on Judicial Proceedings in the Russian Federation and describe their structural construction.
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Abdurasulova, Qumriniso Raimqulovna, Akrom Toshpulatov Ikromovich und Choudhoury Kaustav. „The relationship of substantive and procedural law on the example of criminal law and criminal procedural law“. Asian Journal of Research in Social Sciences and Humanities 11, Nr. 12 (2021): 13–20. http://dx.doi.org/10.5958/2249-7315.2021.00345.2.
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Shtefan, Olena. „Doctrinal approaches to the definition of civil procedural law“. Theory and Practice of Intellectual Property, Nr. 1 (11.06.2021): 82–90. http://dx.doi.org/10.33731/12021.234201.
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Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw
The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.
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Trstenjak, Verica. „Procedural Aspects of European Consumer Protection Law and the Case Law of the CJEU from the Perspective of Insurance Law“. European Review of Private Law 21, Issue 2 (01.03.2013): 451–78. http://dx.doi.org/10.54648/erpl2013023.
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Abstract: Questions about the necessity to introduce uniform European consumer protection instruments in national procedural law count among the most divisive topics of contemporary consumer protection law. Thus, even though several European Union (EU) acts contain procedural provisions on the protection of consumers, the introduction of new procedural and remedial tools in this area of law remains controversial, as the Commission's initiatives on collective redress mechanisms clearly show. Against this background, the case law of the Court of Justice of the European Union (CJEU) plays a double role. On the one hand, the CJEU rules on the interpretation and the application of existing procedural consumer protection provisions of EU law, such as the provisions of the Brussels I Regulation on consumer contracts, which were interpreted in Pammer and Hotel Alpenhof. On the other hand, the CJEU has developed a significant line of case law on the duties of national courts and tribunals in cases concerning the judicial enforcement of individuals' rights derived from the consumer protection directives. This case law, which started with Océano Grupo and culminated in VB Pénzügyi Lízing, can entail far-reaching duties for national courts and tribunals to take positive action in order to support consumers in their legal proceedings aimed at the enforcement of their rights. Nevertheless, as the ruling in Banco Español de Crédito has again made clear, it would be premature to analyse this line of case law of the CJEU as a one-way evolution towards an ever deeper intrusion in the procedural law systems of the Member States.
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Zheltobriukh, I. L. „PROCEDURAL STATUS AND PROCEDURAL STATUS OF THE PARTIES AS CATEGORIES OF ADMINISTRATIVE LAW AND PROCEDURE“. Private and public law, Nr. 3 (2020): 63–67. http://dx.doi.org/10.32845/2663-5666.2020.3.12.
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Sacknova, T. V. „About the Subject of Civil Procedural Lawin the Context of Contemporary Reforms“. Courier of Kutafin Moscow State Law University (MSAL)), Nr. 12 (16.03.2022): 41–49. http://dx.doi.org/10.17803/2311-5998.2021.88.12.041-049.
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The active reform of civil procedural law in the twenty-first century has brought to the forefront the problem of the subject matter of its legal regulation. The civilistic procedure as a social phenomenon born of centuries of experience returns to its historical paradigm: actio habere — ius habere. According to the author, the basis of the subject matter of civilistic procedural law is a civilistic process in its ontological sense; the subject of legal regulation also includes relations not in the civilistic form of procedural procedure, but forming an integral part of civilistic legal proceedings; the subject of civilistic procedural law is also relations not regulated by specific rules of procedural law, but by analogy of law and analogy of lex. The qualitative transformation of the subject of civilistic procedural law is due to the modern regularities of the civilistic process: its materialization, internationalization and constitutionalization; its procedural development as the man instrument for internal and external harmonization.
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Taeva, N. E. „Procedural Norms and Institutions in the Structure of Constitutional Law of Russia“. Courier of Kutafin Moscow State Law University (MSAL)) 1, Nr. 12 (20.03.2024): 92–103. http://dx.doi.org/10.17803/2311-5998.2023.112.12.092-103.
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The article analyzes the opinions of scholars and concludes that the “broad” interpretation of the concept of procedural norms, which actually identifies them with procedural norms, is the most reasonable for constitutional law. On the basis of the studied opinions of constitutional scholars, the author’s definition of the concept of procedural norms of constitutional law is proposed. The idea that the procedural component of constitutional law is the result of legal differentiation, as the completeness of legal regulation of dynamic social relations requires the creation of norms that enshrine the mechanism of their realization. The specific features of procedural norms of constitutional law are identified and analyzed, which include: special purpose, features of the external form of expression, determining character for procedural norms of other branches, implementation by a variety of subjects of procedural relations, focus on ensuring the unity of the system of legal regulation. It is concluded that the institutes of constitutional law have substantive and procedural character.
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Krajewski, Michał. „The Many-faced Court: The Value of Participation in Annulment Proceedings“. European Constitutional Law Review 15, Nr. 2 (Juni 2019): 220–46. http://dx.doi.org/10.1017/s157401961900018x.
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European Court of Justice – General Court – EU procedural law and practice – Procedural rights of the parties to judicial proceedings before the EU Courts – Participation of the parties to judicial proceedings and the legitimacy of judicial decisions – Accuracy of decision-making, the right to a hearing and procedural economy as guiding values of EU procedural law and practice – Different procedural practices of the General Court and the Court of Justice – The filtering of appeals by the Court of Justice – The accountability of the EU Courts for their procedural law and standards
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Saragih, Sepriandison, Sarles Gultom und Roy Marthen Moonti. „Introduction Theory and Practice Court Procedural Law Constitution“. International Journal of Multidisciplinary: Applied Business and Education Research 3, Nr. 10 (13.10.2022): 2049–60. http://dx.doi.org/10.11594/ijmaber.03.10.17.
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Laws that develop in society sued the Court for follow development law these, including procedural law. Development procedural law of the Constitutional Court in practice need ijtihad from the Constitutional Court in skeleton find law new to use enforce supremacy constitution, democracy, justice and rights constitutional inhabitant country. Writing this use method approach juridical normative: that is the approach used for study or analyze secondary data in the form of materials primary law and materials law secondary Terms general procedural law arrange about provisions that are general, i.e provision about trial, conditions application, and regarding verdict. Provision in Thing trial in the Constitutional Court, for example, the Court examines, hears, and cut off in hearing plenary attended by all judges consisting of over 9 (nine) people, only in " outside " state normal”, then hearing plenary the attended at least 7 (seven) Constitutional Justices. State outside normal that meant is die world or disturbed physical / soul so that no capable doing the obligation as Judge. Conclusion from article this is The Constitutional Court's procedural law is intended as applicable procedural law by general in things that become the authority of the Constitutional Court as well as applicable procedural law by special for every authority meant. The existence of the Court with the authority possessed bring up needs existence law new, that is procedural law, and develop it in skeleton enforce law in Indonesia.
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Nasalevich, Tatiana S. „PROCEDURES IN THE SCIENCE OF LABOUR LAW“. Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, Nr. 38 (2020): 143–52. http://dx.doi.org/10.17223/22253513/38/14.
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The science of labour law distinguishes, among others, between procedural rules of law. According to labour scientists, procedural rules streamline, ensure and guarantee the process of implementing the substantive norms of labour law and determine the procedure for the activities of subjects to enforce the rights and obligations enshrined in the regulatory substan-tive norms. The subject of legal regulation is the activity of creating substantive norms of labour law and ensuring their implementation, as well as the activity of non-jurisdictional bodies involved in resolving individual and collective labour disputes. The definitions of procedural norms proposed by several authors ultimately boil down to the process of implementing the legal norm. It is therefore difficult to agree that procedural norms are a separate kind of legal norm. The separation of procedural norms is unlikely to be justified simply because any norm of labour law cannot be understood, let alone implemented, in isolation from the procedure for its application. Since the separation of procedural norms is questionable, the theory of the autonomy of labour procedural law cannot be justified. The features of the procedural rules of labour law reflected in scientific research are the features of the procedures of labour law. Procedures of labour law are part of the logical norm and are contained in its disposition. Procedures of labour law are the legal means of imple-menting substantive or procedural norms of labour law and their main objective is to maintain the law and order in the company (or individual employer). As an integral part of the rule of law and part of the mechanism of legal regulation, the procedure ensures its effectiveness. The more detailed the procedure in the rule of law is, the fewer disputes arise between the parties to the employment relationship, which has a positive impact on the results of law enforcement. Legal provisions "need" procedures for the imple-mentation of legal provisions, because it is the procedures that "animate" the provision and allow it to achieve the desired result.
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Sharaia, A. A. „PRINCIPLES OF ADMINISTRATIVE PROCEDURAL LAW, TAKING INTO ACCOUNT THE PROVISIONS OF THE DRAFT LAW “ON ADMINISTRATIVE PROCEDURE”“. Actual problems of native jurisprudence 3, Nr. 3 (Juni 2021): 154–58. http://dx.doi.org/10.15421/392165.
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The article describes the content of the principles of administrative procedural law, taking into account the provisions of the draft law “On Administrative Procedure”. It is substantiated that in the administrative-legal science the generally accepted concept of the principles of administrative-procedural law is not formed. This is the reason for discussions about their list and content, the role in the relevant sub-branch of administrative law. Therefore, there is an urgent need to study this basic concept of administrative law for branch science. Emphasis was placed on the need to adopt a “basic” special law that would define the general rules of administrative- procedural relations. Such a law should establish a list of relevant principles, as well as disclose their content. The results of modern domestic normative design work in the context of consolidating the principles of administrative procedures are analyzed. The peculiarities and shortcomings of consolidating the principles that are the basis of administrative- procedural relations are highlighted. The principles of administrative procedural law include: the rule of law; legality; equality of participants before the law; use of authority for a proper purpose; validity and certainty; impartiality (impartiality) of the administrative body; good faith and prudence; proportionality; openness; timeliness and reasonable time; efficiency; presumption of legality of actions and requirements of a person; officialism; guaranteeing the right of a person to participate in administrative proceedings; guaranteeing effective remedies; state language and accessibility. They complement each other and formulate a universal basis for the regulation of all administrative and procedural relations.
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Cadiet, Loïc. „International Association of Procedural Law“. Russian Law Journal 1, Nr. 1 (17.02.2015): 7. http://dx.doi.org/10.17589/2309-8678-2013-1-1-7.
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Koopmans, Tim. „Judicial activism and procedural law“. European Review of Private Law 1, Issue 1/2 (01.03.1993): 67–81. http://dx.doi.org/10.54648/erpl1993006.
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Leskina, E. I. „Language and Civil Procedural Law“. Herald of Civil Procedure 7, Nr. 2 (2017): 56–64. http://dx.doi.org/10.24031/2226-0781-2017-7-2-56-64.
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Gerbrandy, Anna. „Procedural Convergence in Competition Law“. Review of European Administrative Law 2, Nr. 2 (01.12.2009): 105–34. http://dx.doi.org/10.7590/real_2009_02_05.
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Meyerson, Denise, und Catriona Mackenzie. „Procedural justice and the law“. Philosophy Compass 13, Nr. 12 (31.07.2018): e12548. http://dx.doi.org/10.1111/phc3.12548.
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Vandenborre, I., und T. Goetz. „EU Competition Law Procedural Issues“. Journal of European Competition Law & Practice 4, Nr. 6 (25.11.2013): 506–13. http://dx.doi.org/10.1093/jeclap/lpt063.
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Vandenborre, I., und T. Goetz. „EU Competition Law Procedural Issues“. Journal of European Competition Law & Practice 5, Nr. 9 (15.10.2014): 648–55. http://dx.doi.org/10.1093/jeclap/lpu091.
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