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Journal articles on the topic 'Administrative-jurisdictional proceedings'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Drozd, O. Yu. "ADMINISTRATIVE AND JURISDICTIONAL PROCEEDINGS IN ADMINISTRATIVE PROCEDURE." Juridical scientific and electronic journal, no. 12 (2023): 550–52. http://dx.doi.org/10.32782/2524-0374/2023-12/135.

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2

Shveda, B. "Specificity of judicial discretion in the administrative-jurisdictional process." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 421–25. http://dx.doi.org/10.24144/2788-6018.2023.01.72.

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The article examines the specifics of judicial discretion in the administrative-jurisdictional process based on a complex systematic analysis from the standpoint of the modern understanding of administrative law with the use of general scientific and special methods of learning legal phenomena. Current administrative legislation distinguishes the administrative process in the resolution of administrative disputes, in proceedings in cases of administrative offenses and disciplinary proceedings, in the implementation of positive administrative procedures of a permit, registration and other natur

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3

Kushnir, Iryna. "Information support for administrative and jurisdictional activities of the state border guard service of Ukraine in relation to proceedings on administrative offences." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 17(29) (June 12, 2024): 134–41. http://dx.doi.org/10.33098/2078-6670.2024.17.29.134-141.

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Objective. The article is devoted to the analysis of information support of administrative and jurisdictional activities in relation to proceedings on administrative offenses which are within the competence of the State Border Guard Service of Ukraine under the Code of Administrative Offenses. Methodology. The methodological basis of the study is formed by a set of philosophical, general scientific, sectoral and special scientific methods (dialectical, communicative, structural and functional, formal and logical, hermeneutical), which, when applied in a comprehensive manner, made it possible t

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Leschina, Eduard L. "The Concept of Disciplinary Case Proceedings and Its Place in the Structure of an Administrative Procedure." Administrative law and procedure 9 (September 9, 2021): 31–35. http://dx.doi.org/10.18572/2071-1166-2021-9-31-35.

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Тhe article considers the existing approaches to the definition of the concept of proceedings in disciplinary cases. It is noted that among specialists there are two main points of view on the legal nature of disciplinary proceedings: 1) it acts as a law enforcement (administrative-jurisdictional) production, which is part of the structure of the administrative process, and 2) it is not included in the structure of the administrative process, refers to the material administrative law and is a form of administrative-protective activity of public administration bodies. The concept and signs of a

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5

Bakurova, N. N. "Administrative coercion in enforcement proceedings." Courier of Kutafin Moscow State Law University (MSAL)), no. 6 (September 25, 2021): 56–62. http://dx.doi.org/10.17803/2311-5998.2021.82.6.056-062.

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The article examines administrative coercion in enforcement proceedings as a legal phenomenon. The author considers it, firstly, as one of the types of state coercion, and secondly, as a kind of administrative coercion, and comes to the conclusion that enforcement proceedings are inseparable from administrative coercion by their nature. Both elements that make up the general concept under study are generated by the state, are necessary for the exercise of state power, the achievement of a publicly significant goal. This goal is determined by the actual enforcement proceedings as a necessary sp

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Schepalov, S. V. "Codification of Norms on Judicial Consideration of Cases on Administrative Offenses: Experience of 16 Neighboring Countries." Siberian Law Review 21, no. 4 (2024): 561–78. http://dx.doi.org/10.19073/2658-7602-2024-21-4-561-578.

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The article discusses the evolution of legislation concerning the judicial review of administrative offense cases across post-Soviet countries. It concludes that the Fundamentals of the Legislation of the USSR and the Union Republics on Administrative Offenses, adopted in 1980, represented only a partial codification of administrative-procedural norms. However, this legislative act established a tradition of fully codifying administrative tort and related procedural laws, merging judicial and non-judicial processes for handling administrative offense cases into a unified proceeding. In the pos

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7

Reczek, Kamil. "Glosa do postanowienia Naczelnego Sądu Administracyjnego z 6 lipca 2016 r., sygn. akt. I OSK 1516/16." Studia Prawa Publicznego, no. 3 (39) (November 24, 2022): 175–83. http://dx.doi.org/10.14746/spp.2022.3.39.8.

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In its judgment of 6 July 2016, I OSK 1516/16, the Supreme Administrative Court ruled that proceedings initiated by the complaint referred in Art. 68 of the Act on Vehicle Drivers by a person subjected to a driving test is an administrative proceeding for the invalidation of the state driving test, which, pursuant to Art. 72 Clause 1 of the Act on Vehicle Drivers, should be concluded by an administrative decision. This means that the test taker has the right to challenge the conduct of a driving test in jurisdictional administrative proceedings, because he or she is entitled to initiate procee

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8

Pavlovska, N. "FEATURES OF CONSIDERATION OF CASES OF ADMINISTRATIVE OFFENSES (TORT)." Scientific Notes Series Law 1, no. 12 (2022): 103–6. http://dx.doi.org/10.36550/2522-9230-2022-12-103-106.

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The presented scientific article is devoted to topical issues of consideration of cases of administrative offenses (torts) by administrative courts as a component of administrative-tort relations. Proceedings in cases of administrative offenses (torts) are considered and systematically studied, theoretical bases of administrative jurisdiction are specified, stages of consideration of administrative case are analyzed in detail, accumulated scientific discussions and results of judicial practice are generalized and scientific-practical proposals and recommendations regulation, elimination of exi

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Smorchkova, Larisa N. "On the Legal Certainty of Administrative Procedure Provisions." Administrative law and procedure 2 (February 9, 2023): 10–13. http://dx.doi.org/10.18572/2071-1166-2023-2-10-13.

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The article presents the author’s vision of the problem of legal certainty, industry affiliation and consistency of administrative procedural norms enshrined in Russian legislation. As a result of the analysis, the need is substantiated for both the unification of administrative procedural norms establishing administrative procedures and the systematization of administrative procedural norms governing administrative jurisdictional proceedings through a single codification.

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10

Mikheiev, Mykola. "Administrative proceedings within the legal system of Ukraine: an examination of their division into conflict and non-conflict." Visegrad Journal on Human Rights, no. 6 (March 30, 2025): 62–67. https://doi.org/10.61345/1339-7915.2024.6.9.

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The article examines the administrative proceedings within the legal system of Ukraine, focusing on their classification into conflict and non-conflict proceedings. The author, Mykola Mikheiev, analyzes recent developments in Ukrainian administrative law and compares them with practices in EU countries. The study begins by highlighting Ukraine’s candidacy for EU membership in 2022 and the subsequent need for legal system reforms to align with EU standards. It then delves into the concept of administrative proceedings, which are divided into jurisdictional (conflict) and non- jurisdictional (no

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11

Kaplunov, A. I. "Modern Approaches to Understanding the Administrative Process as a Result and the Basis for the Development of Domestic Administrative Procedural Legislation." Siberian Law Review 18, no. 3 (2021): 261–76. http://dx.doi.org/10.19073/2658-7602-2021-18-3-261-276.

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The article provides an overview and analysis of modern approaches to understanding the administrative process as a sectoral type of legal process that have developed in domestic theory, taking into account the changes that have occurred in the procedural legislation of the Russian Federation over the past three decades after the collapse of the USSR in 1991. The process is classified as follows: complex on a jurisdictional basis; integrative; complex on the basis of managerial, judicial. Particular attention is paid to the critical analysis of the judicial approach to understanding the admini

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12

Markova, Elena. "POLISH MODEL OF ADMINISTRATIVE PROCEDURE." Scientific Journal of Polonia University 49, no. 6 (2022): 132–38. http://dx.doi.org/10.23856/4917.

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In the article, the author examines the Polish model of administrative procedure, its nature, structure, taking as a basis the work of Javier Barnes in which the scientist identifies three generations of administrative procedure with the elements: (1) procedure for adjudication, (2) rule-making procedure, (3) collaborative – making public policy and implementing procedure.) The model of administrative procedure in Poland is normative as it is enshrined in the Code of Administrative Procedure. After analyzing its provisions, the author came to the conclusion that the Polish model of administrat

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13

Dubina, Oleg. "THE SYSTEM OF SUBJECTS FOR THE PROTECTION OF THE RIGHTS OF MINORS INVOLVED TO ADMINISTRATIVE RESPONSIBILITY." Administrative law and process, no. 1(34) (2022): 34–46. http://dx.doi.org/10.17721/2227-796x.2022.1.03.

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The purpose of the article is to form an idea of the modern system of subjects of protection of the rights of minors who are prosecuted for administrative offenses. The urgency of the topic is due to the high level of administrative offenses by children and the insufficiently effective level of legal support of their rights in administrative-tort proceedings. The research methodology was formed by a set of general scientific and special methods of cognition. In particular, the rethinking of the role of some subjects of administrative and tort proceedings with jurisdictional powers has been ach

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14

Leshchina, E. L. "DISCIPLINARY PROCEEDINGS AS A TYPE OF ADMINISTRATIVE AND JURISDICTIONAL ACTIVITY." Vestnik of Lobachevsky University of Nizhni Novgorod, no. 6 (2021): 102–7. http://dx.doi.org/10.52452/19931778_2021_6_102.

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15

Golovko, Vladimir V. "Administrative and jurisdictional activity: the issues of concept and content." Law Enforcement Review 2, no. 1 (2018): 104–13. http://dx.doi.org/10.24147/2542-1514.2018.2(1).104-113.

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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

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16

Trufanov, Mikhail E. "Relevant Issues of the Improvement of Administrative Jurisdiction Activities of Employees of the Registration and Examination Department of the State Road Traffic Safety Inspectorate." Administrative law and procedure 1 (January 21, 2021): 47–50. http://dx.doi.org/10.18572/2071-1166-2021-1-47-50.

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The opinion on the problematic points in the administrative jurisdictional activities of the employees of the registration and examination units of the traffic police is presented. The specifics of the proceedings on administrative offences for individual administrative offences and the priority areas of its improvement are analyzed. It is proposed in the structure of proceedings in cases of administrative offences to legislate an optional procedural stage aimed at regulation in the RF CoAP, the possibility for persons previously deprived of the right to drive a vehicle to apply to the registr

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17

Veselov, Mykola. "ADMINISTRATIVE AND LEGAL ENSURE OF “THE BEST INTERESTS OF THE CHILD” IN THE FIELD OF JUNIOR JUSTICE." PUBLIC ADMINISTRATION AND LAW REVIEW, no. 3 (October 1, 2020): 49–56. http://dx.doi.org/10.36690/2674-5216-2020-3-49.

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Today, the concept of “best interests of the child” is recognized as one of the guiding principles of ensuring the rights of children in all spheres of social relations. The object of this study is social relations in juvenile justice as a specific area of children’s rights. The aim of the article is to clarify the meaning of the concept of “best interests of the child” as well as to define the features of administrative and legal provision of this principle in the field of juvenile justice. To achieve this goal, general scientific and special methods of scientific research are used. The autho

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18

Pankova, Olga V. "The Functional Competence of a Judge in Administrative Offense Proceedings." Administrative law and procedure 3 (March 4, 2021): 16–22. http://dx.doi.org/10.18572/2071-1166-2021-3-16-22.

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The article considers the functional competence of a judge in the proceedings on administrative offenses as an element of his administrative-procedural status. In this case, the competence is defined as the basis of this status and at the same time-as an element of the procedural and legal mechanism for the implementation of justice in cases of administrative offenses. Revealing the content of the functional competence of the judge, the paper analyzes his jurisdictional and organizational-guiding procedural powers and gives their characteristics.

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19

SHENDAKOVA, Kateryna, and Vitalina SHEBELA. "DISCIPLINARY PROCEEDINGS IN NATIONAL POLICE UNITS AS A TYPE OF ADMINISTRATIVE-JURISDICTION ACTIVITY." Naukovyy Visnyk Dnipropetrovs kogo Derzhavnogo Universytety Vnutrishnikh Sprav, no. 1 (October 2, 2024): 118–22. http://dx.doi.org/10.31733/2078-3566-2023-5-118-122.

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The article deals with study of disciplinary proceedings in the units of the National Police as an important element of the administrative and legal activities of the police. In the context of the article, it is determined that disciplinary proceedings in the bodies of the National Police serve as an important structural element of the administrative-jurisdictional process and a form of bringing police officers to disciplinary responsibility for violation of official discipline. It has been established that the current legislation does not recognize such a concept as "disciplinary proceedings

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20

Szremski, Jakub. "A substantive administrative matter in an abstract perspective versus a substantive administrative matter in a concrete sense." Zeszyty Naukowe Państwowej Wyższej Szkoły Zawodowej im. Witelona w Legnicy 2, no. 39 (2021): 65–75. http://dx.doi.org/10.5604/01.3001.0014.9223.

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The admissibility of the administrative procedure in question is related to the necessity of an individual administrative case. It is the subject of an ongoing administrative process. Its boundaries define the “area” of jurisdictional activity of the adjudicating body. Thus, the determination of the scope of an individual administrative case will constitute the limits of the conducted process. The legislator does not define the term “administrative matter”. The scope of this concept includes an abstract substantive administrative case (existing before the formal initiation of proceedings) and

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21

Kłosowska-Lasek, Katarzyna. "Władczość i niewładczość administracji w jurysdykcyjnym postępowaniu administracyjnym." Opolskie Studia Administracyjno-Prawne 16, no. 1 (2) (2019): 171–80. http://dx.doi.org/10.25167/osap.1137.

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The implementation of a new administration culture (based on a partnership approach of public administration to citizens) causes the growing use of non-imperious forms and methods of public administration activity. This tendency also includes jurisdictional administrative proceedings, in which authoritative and non-authoritative actions of the public administration are intertwined. The aim of the article is to look at these tendencies and determine whether they are in accordance with the essence of the administrative law relation as a key notion of administrative law.

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22

Szremski, Jakub. "Undertaking Material and Technical Activities by Public Administration Bodies and the Right of an Individual to Be Heard." Przegląd Prawa Administracyjnego 3 (September 5, 2021): 189–200. http://dx.doi.org/10.17951/ppa.2020.3.189-200.

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The right of the individual to be heard is a principle that relates to both the right to a fair trial and the right to a trial. The adjudicating entity is required, regardless of whether it is a court or a public administration body, to enable the active participation of the entity in the proceedings. The right of an individual to be heard in the context of administrative law relates mainly to the procedural situation of a party to administrative proceedings. In jurisdictional administrative proceedings, a party is guaranteed a number of procedural tools to protect its rights. First of all, th

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23

Ostapenko, O. I., and O. I. Baik. "On some issues of classification of participants in proceedings on administrative offences." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 487–90. http://dx.doi.org/10.24144/2788-6018.2023.06.84.

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The article notes that today the explanations of the essence of the concepts of «process» and «process procedure» remain quite controversial, with reference to the fact that they are, to a certain extent, close to the sequential procedural actions of the parties (participants) aimed at achieving a legally significant result. At the same time, the concept of «administrative process» has a broader meaning compared to the concept of «proceedings on administrative offences», since, through the application of administrative process rules, a much wider range of administrative and legal relations is

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24

Popowska, Bożena. "Nowe procedury publicznego prawa gospodarczego. Problem gwarancji procesowych dla podmiotów działalności gospodarczej." Przegląd Prawa i Administracji 114 (August 10, 2018): 593–608. http://dx.doi.org/10.19195/0137-1134.114.39.

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NEW PROCEDURES OF PUBLIC ECONOMIC LAW. THE PROBLEM OF PROCEDURAL GUARANTEES FOR BUSINESS ENTITIESThe basic subject of research within the article are new procedures, regulated by the provisions of public economic law, and the main purpose of the article is to determine their legal nature, with reference to the general administrative procedure. The procedures used in the sphere of the economy that regulate relations between public administration and entrepreneurs are very different. Some of them are based on the model of jurisdictional proceedings, regulated by the provisions of the Code of Adm

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25

Mikheyev, Mykola Volodymyrovych. "Administrative and legal provision of administrative conflict and non-conflict proceedings in the EU countries on the example of Germany in comparison with the experience of Ukraine." Alʹmanah prava, no. 15 (September 1, 2024): 589–97. https://doi.org/10.33663/2524-017x-2024-15-589-597.

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The paper examines the administrative and legal provision of administrative conflict and non-conflict proceedings in comparison with the experience of Germany. It has been proven that the integration of Ukraine into the European legal space requires a full-scale reform of the legal system based on the principles and standards formed at the panEuropean level. It is extremely necessary to take into account international and European standards when carrying out reforms in public administration, as well as take into account theoretical provisions, doctrines and positive practical experience of for

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26

Bakurova, Natalya N. "New Models of Human Rights Protection in Enforcement Proceedings: The Administrative Procedure Aspect." Administrative law and procedure 3 (March 10, 2022): 70–73. http://dx.doi.org/10.18572/2071-1166-2022-3-70-73.

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The article deals with the issues of goal-setting of enforcement proceedings, novelties of legislation on it, means and methods of ensuring human rights in enforcement proceedings with the use of administrative procedural means. The author characterizes the change in the administrative-legal status of the bailiff-executor of the enforcement body, which was a prerequisite for new opportunities for the use of administrative-procedural forms and means of influencing the debtor in the course of enforcement proceedings, which, of course, on the one hand, is due to new administrative-jurisdictional

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27

Sidorov, Eduard Tomovich. "Problems of the Implementation of the Principle of Legality by Police Officers when Applying Measures to Ensure Proceedings in Cases of Administrative Offenses." NB: Административное право и практика администрирования, no. 2 (February 2023): 58–70. http://dx.doi.org/10.7256/2306-9945.2023.2.40426.

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The object of the study is the social relations that arise when police officers apply measures to ensure proceedings in cases of administrative offenses. The subject of the study is the legal norms contained in Chapter 27 of the Code of Administrative Offenses of the Russian Federation. The proposed article analyzes a number of measures to ensure the proceedings in cases of administrative offenses used by police officers in the exercise of official powers. The purpose of the work is to conduct a study of the theoretical provisions and law enforcement practice of the internal affairs bodies on

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Mikheev, M. V. "Analysis of the legal regulation of administrative conflict proceedings in European countries for the development of domestic legislation." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 483–87. http://dx.doi.org/10.33663/2524-017x-2023-14-483-487.

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The work proves that Ukraine’s integration into the European legal space requires a full-scale legal system reform based on the principles and standards formed at the pan-European level. It is extremely necessary to take into account international and European standards when carrying out reforms in public administration in Ukraine, as well as take into account theoretical provisions, doctrines, and positive practical experience of foreign states in the field of administrative conflict proceedings. The administrative-judicial reform announced by the President of Ukraine and the development of t

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29

Antonov, A. Yu, V. V. Alekseev, and M. A. Syrova. "Liability for violation of competition rules in entrepreneurial activity: Criminal and administrative aspects." Sociology and Law 16, no. 4 (2025): 573–81. https://doi.org/10.35854/2219-6242-2024-4-573-581.

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According to the author’s standpoint, antitrust rules are aimed at promoting fair competition, preventing monopolies, and protecting consumers. They ensure a level playing field in entrepreneurial environment. Among other things, compliance with legislation regulating competitive relations is enforced through state coercion measures. The article argues that one of the pressing issues of modern jurisprudence is the study of the administrative and criminal aspects of liability for violation of competition rules, considering relevant circumstances. It analyzes the systemic relationship between an

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30

Sambor, Mykola. "MILITARY SERVANTS AS SUBJECTS OF ADMINISTRATIVE OFFENSES: GENERAL AND SPECIAL IN UNDERSTANDING." Slovo of the National School of Judges of Ukraine, no. 1-2(38-39) (November 21, 2022): 104–19. http://dx.doi.org/10.37566/2707-6849-2022-1-2(38-39)-10.

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The article examines the peculiarities of the application of administrative responsibility to a special subject of the specified type of legal responsibility - a military serviceman. The norms of administrative-delict law and legislation of Ukraine are based on principles that are actually introduced into the national legal system of Ukraine and use the institution of substituting administrative responsibility with disciplinary responsibility. At the same time, changes made to the Code of Ukraine on Administrative Offenses testify to an ambiguous attitude to the institution of substitution in

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31

Krawiec, Grzegorz. "Zasady ogólne postępowania kontrolnego prowadzonego przez Rzecznika Praw Obywatelskich." Rocznik Administracji Publicznej 9 (September 29, 2023): 227–46. http://dx.doi.org/10.4467/24497800rap.23.014.18310.

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This paper presents selected general principles of control proceedings conducted by the Ombudsman. These are not jurisdictional proceedings, and the rules set out in the Code of Administrative Procedure do not apply to them. Due to the significant formalization and simplification of these proceedings, the general principles applicable to them are important. These express certain values that are relevant to all involved, and which the Ombudsman, in conducting the proceedings, should take into account at all times. A person has an inalienable dignity, and the Ombudsman should uphold this, while

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32

Cebera, Agata. "New Procedure for Electronic Deliveries in Administrative Proceedings." Ius Novum 17, no. 2 (2023): 152–72. http://dx.doi.org/10.2478/in-2023-0017.

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Abstract This study focuses on the new procedure of electronic deliveries in administrative jurisdictional proceedings, as regulated by the provisions of the Code of Administrative Procedure. The primary research objective was to describe de lege lata the modes of individual deliveries, indicating their mutual hierarchy, while also addressing several issues related to the relationship between the Code and the Act on Electronic Deliveries. Both normative acts necessitate co-existence, and thus determining which of them and in which situational variants will be qualified as lex generali. This ta

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Kulikova, Yana Alekseevna. "The concept and types of digital technologies used in the administrative and jurisdictional process." Административное и муниципальное право, no. 1 (January 2025): 67–78. https://doi.org/10.7256/2454-0595.2025.1.73088.

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The article is devoted to the study of the problem of defining the concept and classification of types of digital technologies used in the administrative and jurisdictional process in the Russian Federation. The author emphasizes that the Russian legislation currently lack a single and generally accepted definition of digital technologies, which makes it difficult to apply them in practice. This creates legal gaps that affect the effectiveness of administrative and jurisdictional activities, reducing transparency and speed of case review. It is noted that there is no consensus in the scientifi

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34

Yarema, O. G. "Administrative justice as a way of ensuring public order." Analytical and Comparative Jurisprudence, no. 2 (June 23, 2023): 260–64. http://dx.doi.org/10.24144/2788-6018.2023.02.44.

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In the article, from the point of view of the modern theory of administrative law, administrative proceedings considered as a way of ensuring public order. The methodological basis of the article consists of a systematic approach and a system-functional analysis. The category «public order» considered. Attention drawn to the lack of a single theoretical approach to defining the concept of «public order» in administrative law. The problematic aspects of the category «public order» are considered, the legislation and judicial practice are examined, which allow us to conclude that there is no uni

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35

Kononov, Pavel I. "Proceedings in Courts on Cases of Administrative Offenses as an Integral Part of Administrative Proceedings." Pravosudie / Justice 5, no. 3 (2023): 60–84. http://dx.doi.org/10.37399/2686-9241.2023.3.60-84.

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Introduction. The consideration by the courts of cases of administrative offenses is an essential part of the administrative judicial process and acts as one of the means of combating these offenses, as well as ensuring the legality of bringing individuals and legal entities to administrative responsibility. Meanwhile, the procedural and legal nature of the resolution by the courts of cases involving individuals and legal entities to administrative responsibility and cases of challenging decisions and decisions made in cases of administrative offenses (administrative proceedings or administrat

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36

Lepish, N. Ya, and Ya P. Pavlovych-Seneta. "Proceedings in cases of administrative offenses in the field of road traffic as a means of preventive activity." Analytical and Comparative Jurisprudence, no. 2 (April 28, 2025): 645–50. https://doi.org/10.24144/2788-6018.2025.02.96.

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The article, based on current legislation, examines proceedings in cases of administrative offenses in the field of road traffic as a means of preventive activity. The relevance is due to the large number of road accidents, which implies the need to influence road users by strengthening the prevention of administrative offenses. The object of the study is social relations that arise in the field of ensuring road safety. The subject is regulatory legal acts of the legislation of Ukraine, international treaties and agreements in the field of ensuring road safety. The research methodology is base

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37

Dalkowska, Anna. "Compulsory mortgage as a form of security for tax liability." Nieruchomości@ I, no. I (2023): 33–64. http://dx.doi.org/10.5604/01.3001.0016.3038.

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The principle of tax fairness contained in Article 84 of the Constitution of the Republic of Poland commands the organs of the public authorities to shape tax mechanisms in keeping with the principle of equality and universality. Ensuring the effectiveness of tax revenue, as a fundamental duty of the legislature, determines the necessity of creating institutional guarantees that ensure the organs of the executive authority not only with supervision over taxpayers fulfilment of their fiscal obligations, but also the securing of the said obligations in the future via jurisdictional proceedings,

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38

Lototskyi, M. M. "Grounds of Administrative Liability." Uzhhorod National University Herald. Series: Law 1, no. 80 (2024): 495–500. http://dx.doi.org/10.24144/2307-3322.2023.80.1.75.

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The article is aimed at forming a doctrinal approach to understanding the grounds of administrative liability. It highlights the role of grounds of administrative liability in ensuring the effective functioning of administrative-offense law, reliable administrative-legal protection of public legal relations, and practical application of administrative penalties. The absence of legislative definition of the grounds of administrative liability is noted, as well as the lack of a coherent approach to their understanding in domestic administrative-legal doctrine. The necessity of forming a un

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Kędziora, Robert. "Participation of a Party to the Administrative Proceedings in the Issuing of an Administrative Decision." Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no. 2 (2022): 171–82. http://dx.doi.org/10.32084/tekapr.2021.14.2-14.

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The model of jurisdictional procedure created by the provisions of the Code of Administrative Proceedings is accused of being inadequate for the implementation of certain tasks set for the modern public administration. In particular, it is noticed that the code solutions favour the abuse of strictly perceived power when considering and settling administrative matters. The legislator’s reaction to the thus diagnosed dysfunctionality in activities of public administration authorities is an attempt to remodel the administrative procedure in order to guarantee a more partnership-based approach of

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Bakurova, N. N. "Features of management decisions in enforcement agencies." Courier of Kutafin Moscow State Law University (MSAL)), no. 5 (July 15, 2024): 54–63. http://dx.doi.org/10.17803/2311-5998.2024.117.5.054-063.

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The article examines the features of managerial decision-making in such public authorities as enforcement agencies. The author considers management decisions in enforcement agencies from the point of view of the phonomena of their legal status, in particular, as a tool for ensuring the enforcement of an authoritative decision of a judge, judicial authority, other public authority, official in relation to a single legal entity: a citizen, an organization, a public authority. This proves the importance of the role of management decisions in ensuring human and civil rights as the highest value, a

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Grishkovets, A. A. "Reflections About the Administrative Process in Modern Russia." Siberian Law Review 18, no. 3 (2021): 277–91. http://dx.doi.org/10.19073/2658-7602-2021-18-3-277-291.

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The article deals with the problem of understanding the administrative process in modern Russia. Discussion about its essence has not stopped in the science of administrative law for many years. There are two main points of view. The administrative process is understood in a narrow sense as a jurisdictional activity and in a broad sense as a set of administrative procedures, administrative jurisdiction and administrative justice. The opinion is expressed that the understanding of the administrative process should be based on the understanding of the subject of administrative law. After the ado

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Schepalov, S. V. "On the Origins of Administrative and Judicial Discretion in Russian Administrative and Jurisdictional Activities." Siberian Law Review 20, no. 3 (2023): 297–312. http://dx.doi.org/10.19073/2658-7602-2023-20-3-297-312.

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The article continues the discussion organized by the journal with the participation of professors Yuri P. Solovey and Petr P. Serkov on the problem of administrative discretion. The Author proposes to look at the difference between the internal content of administrative discretion and judicial discretion, which is evolutionarily incorporated in the proceedings on administrative offenses. The reader is invited to the conclusion that administrative responsibility has historically been imposed by government bodies for disobedience to the current management order. The authorized body acts on beha

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Hudz, Bohdan. "ОКРЕМІ АСПЕКТИ ЗАХОДІВ ЗАБЕЗПЕЧЕННЯ ПРОВАДЖЕННЯ У СПРАВАХ ПРО АДМІНІСТРАТИВНІ ПРАВОПОРУШЕННЯ". Visnyk of the Lviv University. Series Law, № 80 (20 червня 2025): 191–200. https://doi.org/10.30970/vla.2025.80.191.

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The article outlines the set of measures to ensure proceedings in cases of administrative offenses. It highlights the procedural order of their application in various laws and regulatory legal acts – sources of administrative law. Special attention is paid to the features of individual measures to ensure proceedings in cases of administrative offenses. It also highlights the powers of officials authorized to apply these measures. The following basic procedures for personal inspections are formulated: 1) frisk; 2) personal examination; 3) personal search / search of a person. The draft Code of

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Tamozhnia, O. "WAYS TO IMPROVE LEGAL REGULATION OF ADMINISTRATIVE JURISDICTIONAL PROCEEDINGS OF THE PROSECUTOR’S OFFICE OF UKRAINE." “International Humanitarian University Herald. Jurisprudence” 2, no. 42 (2019): 53–56. http://dx.doi.org/10.32841/2307-1745.2019.42-2.14.

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Zimmermann, Marian. "On Jurisdictional Proceedings and the Concept of a Party in the Code of Administrative Procedure." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 13 (December 31, 2021): 13–30. http://dx.doi.org/10.14746/ppuam.2021.13.01.

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The paper is an English translation of Z rozważań nad postępowaniem jurysdykcyjnym i pojęciem strony w kodeksie postępowania administracyjnego by Marian Zimmerman published originally in „Księga pamiątkowa ku czci Kamila Stefki” in 1967. The text is published as a part of a section of the Adam Mickiewicz University devoted to the achievements of the Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.

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Paida, Yuriy, and Denys Savchuk. "Procedure for the use of physical force, special means and firearms." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (2021): 13–22. http://dx.doi.org/10.31733/2078-3566-2021-1-13-22.

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The article addresses the issue of guarantees the individual rights and in the scope of coercion. These guarantees should be a reliable protection against possible unlawful actions by officials in the course of coercion and operate in order not create unnecessary obstacles to repid response. As a rule, the guarantee of individual rights take effect either upon application or after its application to the individual. Therefore, it is emphasized that legal means of preventive action play a special role in ensuring the rights of citizens in the process of applying administrative and coercive measu

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Polushkin, E. S. "Historical aspect of the development of the institution of subject matter jurisdiction in civil proceedings." Actual Problems of Russian Law, no. 3 (May 4, 2019): 118–24. http://dx.doi.org/10.17803/1994-1471.2019.100.3.118-124.

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The author conducts a retrospective analysis of the institution of subject matter jurisdiction in Russian civil proceedings. The institution of subject matter jurisdiction originates in the pre-revolutionary period. To determine the mechanism of delimitation of competence between jurisdictional bodies, such concepts as “exclusive jurisdiction” or “establishment” were used. During this period, a distinction was made between the competence of administrative and judicial bodies.The concept of “subject matter jurisdiction” was enshrined in Soviet legislation for the first time ever. Moreover, in t

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Leshchina, E. L. "Competition of Procedural Forms of Court Consideration of Public Service Disciplinary Disputes." Actual Problems of Russian Law 17, no. 1 (2021): 49–59. http://dx.doi.org/10.17803/1994-1471.2022.134.1.049-059.

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The paper examines the features of the legal regulation of consideration of administrative disputes and public service disputes as one of their types by the courts of general jurisdiction. It is shown that, despite the public and managerial nature of state-official, disciplinary relations, public service disputes between civil servants and an authorized manager about the legality of disciplinary sanctions, as well as disputes between employees and their employers, are dealt with by the courts under the rules of the Code of Civil Procedure of the Russian Federation, since the legislation does n

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Kononov, P. I. "Several Theses in Support of an Integrative Understanding of the Administrative Process." Siberian Law Review 18, no. 3 (2021): 328–38. http://dx.doi.org/10.19073/2658-7602-2021-18-3-328-338.

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An Author’s approach to substantiating the concept of an integrative understanding of the administrative process as a combination of two components is proposed: the executive administrative process and the judicial administrative process. The approaches that have developed in domestic legal science are refuted, according to which the legal process can take place only in the administration of justice, only in the resolution of disputes and in the presence of at least two disputing parties, and the administrative process is identified with administrative proceedings. Based on the interpretation

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Ratushna, B. P. "Self-defense as a form of civil rights protection under martial law in Ukraine." Uzhhorod National University Herald. Series: Law 1, no. 88 (2025): 401–6. https://doi.org/10.24144/2307-3322.2025.88.1.58.

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The article examines the peculiarities of self-defence as a form of protection of civil rights, in particular, under martial law. The author establishes that the Civil Code of Ukraine provides for various possibilities of protection of civil rights, among which scholars distinguish jurisdictional and non-jurisdictional forms of protection. It is found that jurisdictional forms of protection are specified in current legislation and are carried out by various bodies specially authorized by the State for this type of activity with a specific procedure inherent in each of them. Jurisdictional form

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