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Journal articles on the topic 'Administrative Jurisdictional'
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1
Makharynetsʹ, D. "JURISDICTIONAL ACTIVITY OF ADMINISTRATIVE COURTS IN THE CONDITIONS OF FORMATION OF LEGAL SOCIETY." Scientific notes Series Law 1, no. 10 (July 2021): 74–79. http://dx.doi.org/10.36550/2522-9230-2021-10-74-79.
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Moving along the path of European integration, Ukraine is carrying out state-building and building civil society on the basis of the concept of human-centeredness, introducing modern approaches to determining the role of the state and its organs in the life of man and the average citizen. One of the directions of the introduced reforms is the sphere of ensuring human and civil rights, creating conditions for the protection of these rights in case of their violation or encroachment on them. Of particular importance in this context is the creation of conditions that guarantee the provision of citizens with their subjective rights in relations with public administration bodies. The form of realization of the right to protection from illegal actions and decisions of public authorities is administrative justice, ensuring the establishment of law and order in the field of public administration. Therefore, the need to determine the features that reveal and characterize the essence of the jurisdictional activities of administrative courts in the formation of a legal society becomes relevant. The purpose of the article is to determine the features that reveal and characterize the essence of the jurisdictional activity of administrative courts in the conditions of formation of a legal society on the basis of the theory of administrative law and process, scientific views of administrators, norms of current legislation. The article examines the legal category "jurisdiction", "administrative jurisdiction" and describes the jurisdictional activities of administrative courts as a type of law enforcement and law enforcement activities in the implementation of legal protection in public law disputes, highlights the characteristics of jurisdictional activities.
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Bezhanov, Valery O. "ADMINISTRATIVE-JURISDICTIONAL PROCESS: PROBLEMS AND PROSPECTS." RSUH/RGGU Bulletin. Series Economics. Management. Law, no. 1 (2016): 43–48. http://dx.doi.org/10.28995/2073-6304-2016-1-43-48.
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Hut, N. Yu. "CONCEPTS OF ADMINISTRATIVE PROCESS IN MODERN SCIENCE OF ADMINISTRATIVE LAW AND PROCESS." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 66–69. http://dx.doi.org/10.15421/391959.
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The paper analyzes the concepts of administrative process presented in legal science. It is stated that every concept of the administrative process has the right to exist, because all of them are based on the facts, phenomena and norms actually existing in the legal system of Ukraine. However, three of them are most thoroughly presented in the legal literature: 1) the concept of a broad understanding of the administrative process; 2) jurisdictional (law enforcement) concept of the administrative process; 3) the concept of a narrow understanding of the administrative process. Representatives of a broad understanding of the administrative process argue that the procedural form is present wherever there is a need to implement substantive rules of administrative law, and all organizational legal relations are inherently procedural relations. Representatives of the jurisdictional and law-enforcement concepts of the administrative process, firstly, are convinced that the procedural form can be inherent only in activities related to the administrative-jurisdictional or law-enforcement activities of the competent authorities, and secondly, that the organizational legal relations are evenly distributed between substantive and procedural relations. Representatives of the concept of narrow definition of the administrative process insist that the procedural form relates solely to the activity of one branch of power - the judiciary, and therefore procedural relations arise only in the sphere of administration of justice by the courts.
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Moore, Scott. "Hydropolitics and Inter-Jurisdictional Relationships in China: The Pursuit of Localized Preferences in a Centralized System." China Quarterly 219 (August 19, 2014): 760–80. http://dx.doi.org/10.1017/s0305741014000721.
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AbstractInter-jurisdictional water resource issues constitute a growing political and economic challenge in China. This article examines three such cases of hydropolitics, namely large dam construction, water resource allocation, and downstream water pollution, through the lens of central–local relations. It argues that the hydropolitics in China are characterized by the pursuit of localized preferences within the constraints imposed by a centralized political system. In each case, the primary actors are sub-national administrative units, who adopt various competitive strategies to pursue their own localized interests at the expense of neighbouring jurisdictions. This article argues that although vertical control mechanisms in the Chinese system effectively limit central–local preference divergence, they do little to contain horizontal conflicts between sub-national administrative units. The paucity of formal inter-jurisdictional dispute resolution mechanisms is a major barrier to meeting water resource challenges, and inter-jurisdictional collective action problems are likely to pose growing difficulties for the Chinese political system.
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Golovko, Vladimir V. "Administrative and jurisdictional activity: the issues of concept and content." Law Enforcement Review 2, no. 1 (April 12, 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 research indicate a discrepancy in the interpretation of the concept of “administrative process”. An administrative process consists of management and administrative jurisdiction (proceedings).Process and production correlate as general and special phenomena.The administrative process, which manifests itself specifically in various types of administrative proceedings, is a set of consistently performed procedural actions, which are performed at certain stages during the consideration of individual specific cases by the competent authorities.Administrative jurisdiction in the broad sense may be understood as totality of the powers of state or municipal bodies, established by the law or other normative legal acts, to regulate social relations, to assess the legality of actions of a person, to resolve legal disputes and to consider cases on administrative offences, to carry out other legally significant actions.Conclusions. Administrative jurisdictional activity (public, regulatory, regulative, enforcement), is connected with the solution of legal disputes. It is based on the law and is clearly regulated by it, it is carried out by special bodies, it’s result is the regulation of public relations and imposing administrative responsibility to the offenders.
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Garant, Patrice. "Réforme des tribunaux administratifs et contrôle judiciaire: les inconsistances et les hésitations du Rapport Ouellette." Les Cahiers de droit 29, no. 3 (April 12, 2005): 761–73. http://dx.doi.org/10.7202/042907ar.
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Are privative clauses useless in contemporaneous Administrative Law ? That is what the Report of Groupe de travail sur les tribunaux administratifs presided by professor Yves Ouellette appears to assume when it recommends their abolishment to Quebec legislators. Privative clauses are statutory protection given to administrative tribunals against any judicial interference, except in the cases of want or excess of juridiction. Since the Alliance case in 1953 it has been held that superior courts cannot be deprived of their supervisory jurisdiction on jurisdictional errors of law or fact ; a full privative clause would even be unconstitutional since Crevier in 1982. More recently, in New Brunswick Liquor Corporation and in Control Data, the Supreme Court specified that jurisdictional control extends to pattently unreasonable intrajurisdictional errors of law or fact. Nevertheless, the Superior Court cannot get involved in the review of any other question of law or fact in the presence of a privative clause. That is the very reason of the enactment of such a clause as the Supreme Court recalls in Control Data. Otherwise the control of the Superior Court extends to all aspects of legality. The Ouellette Report favours on the one hand, the autonomy of Administrative Tribunals; and on the other, it recommends a more extensive control by the Courts... Not easy to reconcile !
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Songnian, Ying, and Dong Hao. "Institutional and Jurisdictional Issues in Administrative Reconsideration." Chinese Law & Government 24, no. 3 (October 1991): 69–77. http://dx.doi.org/10.2753/clg0009-4609240369.
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Tymoshenko, I. V. "Functional Aspect of a Protocol on Administrative Offense as a Jurisdictional Act." Lex Russica 73, no. 3 (March 28, 2020): 45–54. http://dx.doi.org/10.17803/1729-5920.2020.160.3.045-054.
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In June 2019, the official website of the Government of the Russian Federation published the Concept of the New Code of Administrative Offences, the enactment of which is planned for 1 January 2021. This Concept indicates that the factors that reduce the effectiveness of the existing Administrative Code of the Russian Federation include, among other things, problems in law enforcement at the stages of initiation and consideration of cases of administrative offenses, contains general guidelines for reforming the Administrative Code of the Russian Federation and highlights certain challenging issues that need to be resolved in its forthcoming modernization. At the same time, it does not seem to address all the issues that need to be addressed. Thus, the analysis of administrative-jurisdictional practice of the first instance shows that the protocol on administrative offense is considered by subjects of administrative jurisdiction ( extrajudicial, quasi-judicial, and judicial) as one of the types of evidence in the case of an administrative offence. Moreover, it is not uncommon that such a record is the only evidence on the basis of which an administrative penalty is imposed. And the analysis of administrative and jurisdictional practice of the second and subsequent instances (up to the Supreme Court of the Russian Federation) allows us to conclude that this approach is justified and quite legitimate. But is it really true? And to what extent is it lawful and legitimate to consider the protocol on an administrative offense as evidence in the case of an administrative offense? This paper is devoted to searching for answers to these questions through the prism of understanding of the functional purpose and juridical (lawful) nature of this type of administrativejurisdictional acts.
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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 specific type of activity aimed at completing the cycle of jurisdictional proceedings: in cases of administrative offenses, civil, arbitration, administrative proceedings, and others, to solve its tasks. In enforcement proceedings, only its combination with administrative coercion can achieve the goal of public authority, to achieve the real execution of the act of a jurisdictional body, an official. In addition, administrative coercion is a method of public administration, an effective tool with which enforcement proceedings are carried out. The article also presents the author’s classification of types of administrative coercion in enforcement proceedings, and raises the problem of improving the legislation on it.
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Magnet, Joseph Eliot. "Administrative Delicts: A Case Study in Unlawful Municipal Administration." Revue générale de droit 16, no. 1 (May 2, 2019): 153–65. http://dx.doi.org/10.7202/1059314ar.
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Municipalities are prone to abuses of power by elected officials. The law books overflow with examples of municipal illegality. This threatens the rule of law. Courts require sufficient remedial authority to maintain the rule of law. An adequate remedy would simultaneously correct the illegal situation, deter repetition, compensate those injured, channel public outrage and, in certain cases, allow supervision of corrupt governmental processes or officials. To satisfy these requirements, a new head of liability is needed. Liability in damages should be imposed for intentional jurisdictional excess. The developing doctrine of administrative delict would provide for damages for deliberate and malicious abuse of power. Damages for an intentional or negligent failure of an individual or administrative body to operate within jurisdiction should be available either against the individual in his personal capacity or against the administrative body. Because many of the wrongs suffered as a result of the illegal use of power are intangible, exemplary damages should be readily available in an action for administrative delict. This remedy would also enable the courts to consider deterrence and breach of public trust in assessing the award. It is the responsibility of administrative law to maintain a sense of orderliness in public administration. The theory of administrative delict needs doctrinal nourishment in order to restrain the abuses of authorities imbued with statutory power.
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Kłosowska-Lasek, Katarzyna. "Władczość i niewładczość administracji w jurysdykcyjnym postępowaniu administracyjnym." Opolskie Studia Administracyjno-Prawne 16, no. 1 (2) (May 31, 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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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 the scientific literature, subject matter jurisdiction is often identified with court jurisdiction. The main task of subject matter jurisdiction in the Soviet period was the division of competence between the courts of general jurisdiction and state arbitration. During this period, the subject and object criteria for delimitation of competence between the courts of general jurisdiction and other jurisdictional bodies, which are currently used, were formulated.In the post-Soviet period, the judiciary was finally separated from the executive and the courts acquired particular significance in resolving jurisdictional disputes. All large categories of cases were transferred to the jurisdiction of the judiciary. The creation of a system of arbitration courts has led to an even greater importance of the institution of subject matter jurisdiction. It was in the post-Soviet period that the categories of “subject matter jurisdiction” and “court jurisdiction” were finally delimited. As a result of the study, the author concludes that there is some continuity in the development of the institution of subject matter jurisdiction.
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Pankova, O. V. "Optimization of justice: administrative offense cases in Russia." Courier of Kutafin Moscow State Law University (MSAL)), no. 6 (September 25, 2021): 145–54. http://dx.doi.org/10.17803/2311-5998.2021.82.6.145-154.
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The article is devoted to the study of the problems of legal regulation of jurisdiction and jurisdiction of cases of administrative offenses in the light of the forthcoming reform of administrative tort legislation. The author shows how the issues of optimizing jurisdiction and jurisdiction in such cases are related to solving the problem of ineffectiveness in the administration of justice in the sphere of administrative-tort relations and restoring the systemic character of legislative regulation of administrative responsibility, establishing clear criteria for the distribution of cases of administrative offenses between judicial and non-judicial bodies, with one hand, and within individual links of the judicial system — on the other. Particular attention is paid to substantiating the need to establish a predominantly out-of-court procedure for considering cases of administrative offenses. At the same time, it is emphasized that the optimization of the administrative and jurisdictional activities of the courts should be associated with such factors as the social significance and direction of the unlawful act, as well as the severity of administrative punishment. In this regard, the appointment of administrative punishments in the form of a warning, deprivation of special rights and administrative expulsion in the form of an independent departure from the Russian Federation is proposed to be attributed to the exclusive competence of the executive authorities.With regard to an administrative fine, the author concludes that only in cases where the size of the fine is comparable to a more severe administrative penalty or the amount of increased fines established for crimes in similar areas of activity, its imposition should be attributed to the exclusive competence of the court.In certain cases, it is also proposed to introduce a simplified procedure for considering cases in the courts on the imposition of an administrative fine.
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Morrow Sr, Paul J. "Assessing Multinational Global Cyber Business Risk Of Cyberattacks – Minimizing The Risk Of Loss Due To Wrongful Jurisdiction." Journal of Cybersecurity Research (JCR) 2, no. 1 (May 17, 2017): 5–12. http://dx.doi.org/10.19030/jcr.v2i1.9961.
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In Cyberspace, more and more, corporations with global holdings are seeking excellence in business around the world mostly by Internet. In order to do business, several legal and economic developments must be explored to assess the risks and practicalities involving the new legal issues created by cyberspace. Compliance officers, because of their responsibilities to develop cybersecurity plans, need to understand the personal jurisdictional effects test and the subject matter test to assess risk of loss. Jurisdiction as to what court or what administrative agency has authority to decide a particular case is critical to the success of a recovering party filing a lawsuit seeking damages for a cyberattack. The jurisdictional nuances analyzed in this paper offer a gradual development of the leading court and administrative cases for guidance on the issues. This paper is worth your time because: 1) it examines the inconsistent and obscure legal standards for jurisdiction in cyber space including cyberattacks, 2) it shows the places and methods used by both the Federal Trade Commission and the Courts having jurisdiction over cyberattack litigation, 3) it gives the recommendations for U.S. and international corporations on the subject of cyber jurisdiction. All of this is supported by current case law and journal articles involving cybersecurity to help minimize the mistakes that I have observed in the practice saving time and money. This is a new technology area of inquiry facing many corporate legal departments, and IT managers today. So, this paper involves the legal/business research necessary to give guidance regarding the jurisdictional boundaries of cyberattack litigation and ways to substantially reduce the risk of loss.
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Moss, Aaron. "Tiptoeing through the Tripwires: Recent Developments in Jurisdictional Error." Federal Law Review 44, no. 3 (September 2016): 467–503. http://dx.doi.org/10.1177/0067205x1604400306.
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Australian administrative law's continuing emphasis on the concept of jurisdictional error is increasingly unique amongst common law jurisdictions. This paper argues that recent developments in Australian jurisprudence have provided little guidance for administrative decision-makers, who are left ‘tiptoeing through the tripwires’ of judicial review. Combining a detailed analysis of primary decisions, academic publications and historical scholarship, this paper suggests that this lack of guidance is the result of a widespread judicial reluctance to engage with either the guidance or educative roles of judicial review. As this paper demonstrates, failure to do so encourages uncertainty, unpredictability and a general lack of clarity which inhibits judicial review's ability to guide decision-makers and contribute to the maintenance of effective governance, administrative justice, and the rule of law in Australia. Particular attention is given to the decisions of Minister for Immigration and Citizenship v Li, Plaintiff M61/2010E v Commonwealth, and NBMZ v Minister for Immigration and Border Protection, which together encapsulate many of the most problematic aspects of recent jurisprudence. To avoid these consequences, this paper calls on senior judges and commentators to articulate a clearer framework which will be applied to guide the future development of the doctrine of jurisdictional error.
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Peiris, G. L. "Judicial review and immigration policy: emerging trends." Legal Studies 8, no. 2 (July 1988): 201–28. http://dx.doi.org/10.1111/j.1748-121x.1988.tb00550.x.
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Some recent attitudes to the scope of judicial review in the field of immigration policy represent a sharp contrast with the trends which typify the current renaissance in administrative law. The conspicuous features of modern developments are the range and intensity ofjudicial initiatives in expanding, almost beyond recognition, the parameters within which the exercise of supervisory jurisdiction is warranted in principle. Despite some suggestions to the contrary, it is not altogether satisfactory to regard the revamped notion oferror oflaw as an organising principle which supplants review mechanisms founded on the bedrock of vires; but it is quite evident that the theory of jurisdiction which lies at the root of seminal concepts sustaining the framework of judicial review is in the process of being transformed by contemporary ap roaches. The virtual equation of error of law with jurisdictional excess at any rate in regard to administrative tribunals as distinguished from inferior courts, has dramatically enlarged the scope of judicial review on the ground of jurisdictional fault, especially in the light of radical perceptions of the criteria which are called in aid to identify errors of law.
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Maile, Aleksei D. "Administrative-Jurisdictional Activity of Police (Comparative-Legal Analysis)." Vestnik of the Omsk Law Academy 14, no. 4 (2017): 122–28. http://dx.doi.org/10.19073/2306-1340-2017-14-4-122-128.
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Đerđa, Dario, and Joanna Wegner. "Non-jurisdictional forms of disposing an administrative matter." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 1 (2020): 41–67. http://dx.doi.org/10.30925/zpfsr.41.1.2.
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Cilj je ovoga rada ocijeniti primjenjivost postojećih mehanizama alternativnog rješavanja sporova u upravnom pravu i dati neke prijedloge za njihovo unaprjeđenje. U radu se analizira koncept alternativnog i konsensualnog rješavanja sporova. Zatim se izlažu prednosti i nedostaci izvansudskih oblika rješavanja upravnih stvari. Analiziraju se pozitivni propisi u Hrvatskoj, koji uređuju primjenu izvansudskih oblika rješavanja sporova. Razmatraju se metode izvansudskog rješavanja sporova u Poljskoj, koja je u vrlo sličnom pravnom okruženju, nekoliko godina ranije nastojala uvesti ove oblike rješavanja sporova u upravnom pravu. Konačno, u zaključku autori izlažu stav o primjenjivosti izvansudskih oblika rješavanja sporova u hrvatskom upravnom pravu i predlažu neke korake kako bi ih unaprijedili.
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Kaplunov, Andrey, and Vladimir Ukhov. "International scientific and practical conference relevant issues of administrative and administrative procedure law (Sorokin Readings) (March 27, 2020, Saint Petersburg)." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 2 (July 21, 2020): 172–82. http://dx.doi.org/10.35750/2071-8284-2020-2-172-182.
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March 27, 2020 in the Saint-Petersburg University of MIA of Russia held a plenary meeting of the international scientific-practical conference (Sorokin readings), which was presented to materials published to the day of the conference the collection and held an exchange of views on the problems of modernization of public administration, administrative and administrative procedural law, on theoretical and applied problems of improving legislation on administrative offenses and administrative-jurisdictional activities, security and public order, development of the police and other law enforcement activities.
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AKHMEDSHAEVA, Mauvlyuda Akhatovna, Makhmud Kamaladiinovich NAZHIMOV, Khajdarali Melievich MUKHAMEDOV, and Mukhitdinova Firuza ABDURASHIDOVNA. "The Process of Reforming the System of State Administration and Administrative Reform in Uzbekistan." Journal of Advanced Research in Law and Economics 11, no. 2 (March 31, 2020): 273. http://dx.doi.org/10.14505/jarle.v11.2(48).01.
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The research considers the processes of formation of the latest legislation on administrative responsibility in the Republic of Uzbekistan its relevance and problems that should receive proper scientific evaluation. The author considers and analyzes the reform in the field of a new model of administrative-tort legislation proceeding from the paradigm of priority jurisdictional protection of human rights and freedoms.
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Thomson, Stephen. "Dare to Diverge: Time for Administrative Law in Hong Kong to Stand on Its Own Two Feet." Chinese Journal of Comparative Law 7, no. 3 (December 1, 2019): 435–56. http://dx.doi.org/10.1093/cjcl/cxaa002.
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Abstract Hong Kong’s system of administrative law has drawn strength and durability from its English counterpart, on which it was heavily modelled. Too often, however, there is a slavish acceptance of the pre-eminence of English law and a tendency to conservativism and a lack of innovation. This article argues that Hong Kong courts and legislators must dare to diverge from English law where an alternative path would prove more credible or appropriate. Three prisms are deployed through which to argue that a misplaced emulation of English law can result in a poor legal framework. First, it is shown that a failure to properly conceptualize error of law as a ground of judicial review has resulted in a ground that, locally, is in a state of incoherence and disarray and that the admission or non-admission of a distinction between jurisdictional and non-jurisdictional errors urgently requires clarification from the Court of Final Appeal. Second, it is proposed that the English-inspired incorporation of a specific time limit in the rules for applying for judicial review should be abolished in the interests of access to justice and legal certainty, drawing on the experience of jurisdictions such as New Zealand, Canada, and Scotland. Finally, it is explained why the antiquated system of administrative tribunals in Hong Kong, redolent of the unreformed English tribunal system of decades past, needs comprehensive structural and procedural redesign. Courts and legislators must dare to diverge in these areas, with Hong Kong’s administrative law standing on its own two feet, where minds are focused on a genuine, locally crafted improvement of standards prevailing in administrative law and public administration.
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Amyot, Bernard. "De la notion de juridiction en droit administratif canadien." Les Cahiers de droit 24, no. 3 (April 12, 2005): 605–42. http://dx.doi.org/10.7202/042561ar.
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The object of this article considers the ever-evolving concept of jurisdiction in the context of judicial review of administrative action. The author examines recent jurisprudential developments from an historical perspective in an attempt to reveal those factors triggering intervention. The Supreme Court of Canada has often fashioned its tests of jurisdiction to fit the intended results. Hence, over the last decades, jurisdictional terminology has become ripe with deceptive distinctions and attempts to rationalize the various tests have in fact raised most perplexing problems.
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Sirazi, Hossain Mohammad Younus, and Mohammad Irfan Aziz. "Administrative Tribunals in Bangladesh." Society & Sustainability 2, no. 1 (May 18, 2020): 35–60. http://dx.doi.org/10.38157/society_sustainability.v2i1.61.
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Administrative Tribunal in Bangladesh is a specialized adjudicating body established in order to ensure prompt, effective, inexpensive, flexible, and expert adjudication as well as expeditious disposal of service disputes of civil servants by ousting the jurisdiction of ordinary courts on such matter. However, this paper tries to explore that the adjudicating mechanism of such Tribunals are affected by intricate legislation, non-compliance to the Constitutional mandate, deviation from equality principles, unavailability of a dynamic procedure as to the recruitment of personnel of expertise, non-existence of any established system of appointing panel advocate, a variety of the jurisdictional lacking and faults as well as functional and procedural defects. To explore challenges related to the Administrative Tribunals in Bangladesh, this paper attempts to examine whether the legal provisions of the Administrative Tribunals Act, 1980 and Rules framed thereunder are adequate for the proper and expeditious disposal of the service litigants' grievances through the critical analysis of these provisions compared to, especially, that of India and Pakistan as well as the empirical scrutiny of the practical scenario of such Tribunals in Bangladesh. This paper, in fine, concludes with the necessity for serious modifications of those legal provisions and tackling those challenges, and therefore puts forward the ways out.
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Mayorov, Vladimir I., and Viktor V. Denisenko. "A review of the thesis by Kirill S. Bakanov The Administrative Law Prohibition of Transport Vehicle Driving in a State of Intoxication defended on March 28, 2019 at the Dissertation Council created based on the Kikot Moscow University of the Ministry of Internal Affairs of Russia for the academic degree of PhD (Law) majoring in 12.00.14 — administrative law; administrative procedure (academic supervisor — Honored Lawyer of the Russian Federation, LL.D., Professor Boris V. Rossinskiy)." Administrative law and procedure 10 (October 8, 2020): 73–77. http://dx.doi.org/10.18572/2071-1166-2020-10-73-77.
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The reviewed work is devoted to the administrative and legal ban on driving while intoxicated in the Russian Federation. The author proposes to optimize the administrative and jurisdictional activities of the internal Affairs bodies to improve the administrative and legal counteraction to negative manifestations, such as driving while intoxicated and their consequences in the form of road accidents.
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Kravchuk, M. Yu. "FEATURES OF THE ADMINISTRATIVE AND JURISDICTIONAL ACTIVITY OF THE POLICE." Juridical scientific and electronic journal, no. 3 (2021): 313–15. http://dx.doi.org/10.32782/2524-0374/2021-3/79.
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Murray, Philip. "ESCAPING THE WILDERNESS: R. v BOLTON AND JUDICIAL REVIEW FOR ERROR OF LAW." Cambridge Law Journal 75, no. 2 (May 3, 2016): 333–65. http://dx.doi.org/10.1017/s0008197316000209.
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AbstractEnglish administrative law treats almost all errors of law as reviewable. Concerns that this deprives administrators of their autonomy have led to calls for a distinction to be drawn between jurisdictional and non-jurisdictional errors of law. This was commonplace for much of administrative law's history. Such calls have fallen on deaf ears as courts and commentators express caution towards retreating to an approach which, it is said, led to a “wilderness of single instances”. This article examines the older law to see whether that was really the case, concentrating on the important decision of the Court of Queen's Bench in R. v Bolton (1841).
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Bordin, Fernando Lusa. "Procedural Developments at the International Court of Justice." Law & Practice of International Courts and Tribunals 11, no. 2 (2012): 325–63. http://dx.doi.org/10.1163/15718034-12341234.
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Abstract The present column covers procedural developments at the International Court of Justice in the period beginning on 1 July 2011 and ending on 31 March 2012. These include: the consideration by the Court of the indispensable parties doctrine and judicial propriety in the Application of Interim Accord case; questions arising as to the extent of the Court’s incidental jurisdiction in the Jurisdictional Immunities case and as to the extent of its discretion to choose which provisional measures to indicate in the context of interpretation proceedings in the Temple case; the notion of an “interest of a legal nature” as discussed by the Court in connection with Greece’s application to intervene as a non-party in the Jurisdictional Immunities case; and the Court’s discussion of the principle of equality of the parties in the criticism it made of the procedure for review of judgments of administrative tribunals in the IFAD advisory opinion.
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Amara, Ahmad. "Civilizational Exceptions: Ottoman Law and Governance in Late Ottoman Palestine." Law and History Review 36, no. 4 (November 2018): 915–41. http://dx.doi.org/10.1017/s0738248018000342.
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AbstractThis article examines the Ottoman extension of rule and jurisdiction to the Beersheba frontier of southern Palestine. As part of itsTanzimatreform policies, the Ottoman administration founded the new town and sub-district of Beersheba in 1900, and sought to implement a legal reform. Deviating from the formal law that requires the founding of a civil-nizamiye court, the Ottoman instituted a form of legal exception and authorized the local administrative council to sit as a judicial forum and for its Bedouin Shaykh members to serve as judges. Studies of Ottoman Beersheba have typically focused on Bedouin autonomy and tribal law. The few studies that discussed the judicial order, have mistakenly assumed the Ottoman institution of a “tribal court,” and its persistence thereafter. Interestingly, what began as a simple grant of legal exception, justified by civilizational discourses of ignorance and savagery, grew into a judicial complexity. Very soon jurisdictional tensions arose, integrating questions across various webs of legal orders, jurisdictions, and political networks that shaped the reform in Beersheba and beyond. In following various legal disputes from Beersheba to Gaza, Jerusalem, and Istanbul, the article challenges some of the prevailing research categories, dichotomies, and approaches in the study of Ottoman legal history and tribal societies, including the concept of ‘legal pluralism.’
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Perlingeiro, Ricardo. "The Right to Information from the Procedural Standpoint (Judicial and Non-Judicial)." A&C - Revista de Direito Administrativo & Constitucional 15, no. 61 (July 12, 2015): 43. http://dx.doi.org/10.21056/aec.v15i61.21.
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The author takes a general descriptive approach to the system of jurisdictional review of decisions concerning access to official information in Latin America, with the aim of enabling a future comparative administrative law study on information access in the People’s Republic of China. The first two topics are related to an overview of the right to information access in Latin America and the corresponding laws, with imprecise rules that lead to behavior by the administrative authorities that is subject to review of dubious effectiveness, so that the authorities are verging on a state of immunity incompatible with the Rule of Law. The third part is about the developments in Latin America up to the present day, jurisdictional review (judicial and non-judicial) of administrative decisions not only in terms of their formal legality but, above all, their substantive legality, i.e., a review of the content of the administrative decisions, including the discretionary administrative powers and margin of administrative appreciation. The fourth topic, the due process clause, influenced by the USA, is discussed in the context of Latin American information access law, in comparison with the Continental European tradition of administrative law. The fifth and final point concerns the models of jurisdictional review of decisions on information access within the sphere of the OAS (Organization of American States) and Latin American countries. Among other conclusions, the author states that the search for an effective information access system that does not necessarily depend on opting for a model already established in Brazil, Latin America, the USA or Europe; what is of fundamental importance is to provide the interested parties with access to a fair trial guaranteeing their right to information access except in cases in which secrecy is necessary and justified according to the international human rights criteria.
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Nemchenko, Stanislav B., and Viktor M. Shenshin. "Officials of EMERCOM of Russia as the Subjects of the Implementation of State Functions: Some Issues of Administrative and Jurisdiction Activities." Administrative law and procedure 3 (March 4, 2021): 55–57. http://dx.doi.org/10.18572/2071-1166-2021-3-55-57.
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Based on the established administrative practice, researchers come to the conclusion that it is necessary to issue a separate order in the EMERCOM of Russia establishing the form of the Protocol on an administrative offense. It is noted that the officials of the EMERCOM of Russia specified in the administrative Code of the Russian Federation, carrying out administrative and jurisdictional activities, implement the main permanent function of the state to prevent and eliminate emergencies.
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Kleandrov, M., and I. Pluzhnik. "THE RANGE OF ADMINISTRATIVE JUSTICE SPECIALIZATIONS IN RUSSIA AND THE OTHER BRICS COUNTRIES." BRICS Law Journal 5, no. 2 (July 4, 2018): 24–48. http://dx.doi.org/10.21684/2412-2343-2018-5-2-24-48.
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This article deals with the challenges concerning increasing administrative justice efficacy in Russia and other BRICS countries, where the specialized development of jurisdictional bodies is inconsistent and far from effective. The article analyzes the gaps and disputed aspects of administrative justice including the mechanisms for judicial administrative dispute resolution in the BRICS countries. The authors argue that the level of effectiveness of administrative justice vested in judicial procedures depends critically on the specialization of the administrative courts. This involves individual judges, separately operating permanent judges, judicial committees, mono-courts, independent administrative judicial systems incorporated into larger judicial systems within the courts of general jurisdiction, and separate and independent administrative and judicial systems. Even though the BRICS countries do not have a structured administrative judiciary, the retrospective and comparative analysis of their administrative justice jurisdiction and its most effective practices and mechanisms undertaken by the authors enables them to rethink the existing approach to resolving administrative cases via the judiciary. The aim of the article is to initiate the creation of an independent administrative court system organization in order to ensure better justice in the areas of social life including legal relations with executive bodies. Suggestions for the implementation of the specialization of the administrative judiciary in the Russian Federation are given. The authors, for the first time in Russian jurisprudence, propose a theoretical model of an independent, four-tiered specialized legal mechanism of administrative justice, which includes the interrelated factors of court organization, the judiciary and their legal status. The range of the four specialized tiers of the administrative judicial system is proposed. It is argued that they should include a systematic succession represented by lower courts, first instance lower courts, area courts and a Higher Administrative Court of the Russian Federation.
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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 (June 30, 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 a specific substantive administrative case (existing as part of an ongoing administrative procedure).
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Victorovich Potapenko, Sergey, and Evgeniy Borisovich Luparev. "Jurisdictional Control in the Sphere of Public Health Protection in the Russian Federation." Medicine Law & Society 13, no. 2 (2020): 123–52. http://dx.doi.org/10.18690/mls.13.2.123-152.2020.
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The article is devoted to the issues of mandatory judicial control over acts of subjects endowed with state powers in the field of medical activity. In particular, we consider the judicial and administrative practice of resolving administrative legal disputes in connection with instituting administrative action in the field of public health protection. The current Code of Administrative Judicial Procedure (CAJP) of the Russian Federation combines the legal procedures previously included in separate regulatory acts for judicial control in the mandatory treatment of people suffering from mental illness, the active form of tuberculosis, as well as other diseases, the list of which remains open.
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Longtin, Marie-José, and Mario Bouchard. "Vers une révision du processus et du cadre d'élaboration de la décision administrative au Québec." Articles 22, no. 1 (April 12, 2005): 159–210. http://dx.doi.org/10.7202/042425ar.
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In this study, the authors examine various models for reviewing the system and procedural framework of administrative action in Québec. Firstly, they explore the solutions previously advanced as far as Québec is concerned, then those that have been adopted in other jurisdictions. Next, after identifying the principle decision-making agents of the administration, they enumerate the other factors to be considered in devising a model system, such as the assigned powers of the decision-makers, their procedure, the rules controlling their decision-making, and the establishement by the decision-makers of norms governing the exercise of their discretionary powers. These parameters having been determined the authors go on to evaluate, from various aspects, those solutions that have already been proposed and also others which offer themselves for consideration. In that regard, after discussing the classification of administrative bodies, they analyse the merits of a single or dual jurisdictional authority from the structural and constitutional perspective ; they pause to examine the very notion of administrative authority before going on to deal with the issue of an overall control of administrative bodies, such control being exercised by means of an Administrative Council. Then, after discussing the power given to an administrative body or agency to review its own decisions, they analyse the controversial issue of administrative procedure ant the codification of those rules, and go on to propose, as a possible solution, a flexible codification that is restrictive in part yet adaptable to the individual circumstances of the bodies concerned. In concluding that the existing patchwork of administrative decisionmaking must be satisfactorily resolved, and before indicating what corrective action should be studied, they attempt to identify the questions that have to be answered before undertaking review of the system and procedural framework of administrative action, the need for which review having been seen as imperative right from the outset.
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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 author argues that the definition of “best interests of the child” in the field of juvenile justice should only be generally oriented to guaranteeing child’s vital and social needs as a participant in jurisdictional proceedings, taking into account his or her age, biological and social characteristics. Under any circumstances, the list of such interests cannot be exhaustive. In view of the public-service nature of administrative and legal relations, an important role in the current and future ensure of the best interests of the child in any type of jurisdictional proceedings belongs to the administrative and legal means. The priority of attention to administrative and legal means in ensuring the best interests of the child in the field of juvenile justice is due to the wide range and relative universality of administrative and legal regulation, which allows to meet the procedural needs of children within purely jurisdictional proceedings as well as to facilitate other organizational and legal issues of social protection of children.
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Pitrova, Lenka. "Jurisdictional Control Over Administrative Decisions in Czechoslovakia and the Czech Republic." International Review of Administrative Sciences 61, no. 1 (March 1995): 79–89. http://dx.doi.org/10.1177/002085239506100107.
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Kaplunov, Andrey, and Vladimir Ukhov. "International scientific and practical conference «Current problems of administrative and administrative procedural law» (Sorokin Readings) (March 26, 2021, Saint Petersburg)." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 2 (July 8, 2021): 135–43. http://dx.doi.org/10.35750/2071-8284-2020-2-135-143.
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On March 26, 2021 a plenary meeting of the international scientific-practical conference (Sorokin readings) was held in Saint-Petersburg University of MIA of Russia. The collection of materials published by the conference day was presented. Views were exchanged on the problems of modernization of public management, administrative and administrative procedural law, on theoretical and applied problems of improvement in legislation regarding administrative offenses and administrative-jurisdictional activities, security and public order, development of the police and other law enforcement activities. The results of the conference were summed up.
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Mwaungulu, Geoffrey Seta, and Katherine Schemm Dwyer. "Responding to Public Health Emergencies at the Local Level: Administrative Preparedness Challenges, Strategies, and Resources." Journal of Law, Medicine & Ethics 47, S2 (2019): 72–75. http://dx.doi.org/10.1177/1073110519857322.
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This manuscript summarizes the most common barriers to effective administrative preparedness and how to surmount them through the use of promising practices, strategies, and NACCHO developed resources focused on addressing unique jurisdictional requirements and needs.
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Panasiuk, O. V. "Issues of Defining Administrative and Tort Relations as an Object of Legal Research." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 164–77. http://dx.doi.org/10.32631/v.2020.2.16.
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The concept of administrative and tort relations, their social nature, features (properties, characteristics), specific features as a type of administrative and legal relations, structure (objects, subjects and content) and types of administrative and tort relations have been characterized. The grounds for the origin, change and termination of administrative and tort relations, their separation from other similar relations have been highlighted.
The author has distinguished three groups of subjects of administrative and tort relations. The first group of subjects are persons prosecuted for administrative torts. The second group includes the subjects of administrative and tort relations on the part of the state (agencies, officials). The third group of subjects includes all others (a victim, a lawyer, witnesses, etc.).
The following stages of administrative and tort relations have been distinguished: initiation of the case, consideration and resolution of the case, execution of the decision (resolution) in the case, appeal and protesting the resolution.
A number of characteristic features of administrative and tort relations inherent in other types of relations have been singled out. Administrative and tort relations have been compared with criminal and civil relations.
The peculiarity of the subject composition of administrative and tort relations has been determined, based on the presence of a public administration authority and its officials as a subject of administrative jurisdiction. Specific features of administrative and tort relations have been distinguished.
It has been determined that the structure of individual administrative and tort relations consists of subjects, object and content. Subjects of administrative and tort relations have been classified with the following types: 1) administrative offenders, as well as legal representatives of juvenile offenders; 2) officials authorized to use administrative coercion to prevent or terminate administrative offenses; 3) persons with administrative and jurisdictional powers; 4) persons who implement (perform) administrative penalties; 5) persons who are the third party in cases on administrative offenses.
The author has raised the topical and debatable issue of the legal status of legal entities of private and public law within administrative and tort relations (in particular, their tort legal ability).
Administrative and tort relations differ according to the subject that applies the norms of the Code of Ukraine on Administrative Offenses, i.e., based on the jurisdiction of cases of administrative offenses, the scope of administrative and tort relations, and depending on the stages and phases of proceedings on administrative offenses. It has been also noted that administrative and tort relations can be divided into property and non-property, material and procedural, those that occur within administrative procedure and those that occur within court procedure, etc.
It has been concluded that there is a relatively separate area of relations – administrative and tort sphere among the variety of legal relations in Ukraine. Therefore, there is an objective need for the formation of administrative and tort law.
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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 Administrative Procedure. Ther should also be distinguished proceedings whose main function is the implementation of specifi c public interests — these proceedings do not constitute a uniform category, and the relations between the public administration entity and the entrepreneur are regulated in different ways.
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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, the party has the opportunity to actively participate in the ongoing administrative process. Provisions of administrative procedural law allow for the submission of evidence applications, explanations, participation in the taking of evidence, as well as access to the files of a pending administrative case. The right of the individual to be heard to a limited extent should also apply to material and technical activities. An individual should be guaranteed at least minimal procedural protection in a situation where administrative bodies perform material and technical activities directly affecting their legal situation.
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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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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 registration and examination unit of the traffic police.
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Lemieux, Denis. "Les erreurs de droit dans l'exercice d'une compétence." Les Cahiers de droit 23, no. 3 (April 12, 2005): 505–16. http://dx.doi.org/10.7202/042507ar.
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In this paper, the author deals with the legal foundations of judicial control over errors of law allegedly committed by administrative authorities. The paper also considers the scope of error of law on the face of the record as a ground of review. More specifically, the author has examined all the decisions rendered by the Quebec Court of Appeal, the Federal Court, and the Supreme Court of Canada in 1980 and 1981 where there was an allegation of error of law. From this statistical analysis, the author describes and explains the different, and seemingly contradictory, results achieved by these different jurisdictions. The author adds some comments on the constitutionality of privative clauses excluding judicial review of non-jurisdictional errors of law.
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Chen, Junxian, Sun Sheng Han, and Siqing Chen. "Understanding the structure and complexity of regional greenway governance in China." International Development Planning Review ahead-of-print (August 1, 2020): 1–24. http://dx.doi.org/10.3828/idpr.2021.11.
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Regional greenway implementation requires a complex governance structure to deal with regional-local, cross-jurisdictional and cross-sectoral relations. This paper explores how these three intergovernmental relations are shaped by different governance structures and how they influence regional greenway implementation outcomes. An analytical framework was proposed considering four structural factors (size, specialisation, order and anarchy) and China’s inherited tiao (vertical)-kuai (horizontal) system of authority. By analysing a case-study project with evolving governance structures over time, the paper reveals that a more powerful, sectorally specialised, autonomous and inclusive local coordination office is ideal to foster institutional linkages within administrative jurisdiction, between adjacent governments and across government hierarchy. These links are essential for efficient and integrated greenway implementation in city-regions.
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ELLIS, JAYE. "Extraterritorial Exercise of Jurisdiction for Environmental Protection: Addressing Fairness Concerns." Leiden Journal of International Law 25, no. 2 (May 2, 2012): 397–414. http://dx.doi.org/10.1017/s0922156512000106.
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AbstractTeck v. Pakootas revisits the infamous Trail smelter, which made history in public international law. This more recent case should be set to make history as well, due to the manner in which the issue of extraterritorial exercise of jurisdiction was handled. The substantive result reached in the courts seems fair, reasonable, and appropriate: a notorious polluter, Teck Cominco Metals Inc., is called to account by the United States Environmental Protection Agency and required to study the feasibility of cleaning up a site it contaminated by dumping effluents in a transboundary river over the course of several decades. Yet, both courts that examined this case on the merits failed to understand the ramifications of this extension of the Environmental Protection Agency's jurisdiction across the Canada–United States border. This article begins with a doctrinal analysis of jurisdictional rules in private and public international law, and then proceeds to evaluate those rules with the help of insights from scholarship on global administrative law and international public authority.
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Musaeva, G. M. "THE CUSTOMS AUTHORITIES OF THE RUSSIAN FEDERATION AS SUBJECTS OF ADMINISTRATIVE JURISDICTIONAL ACTIVITIES." Law Нerald of Dagestan State University 25, no. 1 (2018): 72–77. http://dx.doi.org/10.21779/2224-0241-2018-25-1-72-77.
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Shtatina, Marina. "Administrative Reforms in India." Proceedings of the Institute of State and Law of the RAS 14, no. 1 (March 14, 2019): 166–90. http://dx.doi.org/10.35427/2073-4522-2019-14-1-shtatina.
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Unlike other developing countries, India abandoned the concept of catching-up development, and all its administrative reforms supported the ideology of Indian identity by introducing the most promising scientific achievements in the field of public administration. We identify three stages of administrative reforming in India: 1) the stage of formation of the national public administration; 2) the stage of the state interventional development of the public administration; 3) the stage of liberalization and informatization of the public administration. Since India had received independence, the new state used of the achievements of the colonial civil service and maintained institutions guaranteeing the unity of the state. The Indian government has succeeded in establishing a "living democracy" as the inherent part of Indian culture which supports the traditions of pluralism and is based on the application of rule by consensus and accommodation. Established in 1966, the First Administrative Reforms Commission ensured the leading role of the state in economic development. It improved the organizational foundations of public administration, including the mechanisms of socio-economic planning. The Commission’s reports prepared the base for constitutional recognition of India as a socialist republic. The most important instrument of the Union public administration was the licensing system, which extended to all spheres of economic activity and spawned the creation of numerous inspections with broad jurisdictional powers. The economic crisis and the inability of the Union to solve the social problems by interventionist methods — these were the reasons of the liberal reforms of the 1990s — 2000s. The rejection of the license system, the transition to the methods of soft administrative and legal regulation, the empowerment of decentralized bodies have changed the main areas of activity of the Indian public administration. The National Institute for Transforming India has provided the solutions to the problems in 80 areas of the country’s socio-economic development, acting through the mediation of all stakeholders — central, state and local government officials, public organizations and citizens. Liberal reforms are also aimed at democratizing governance and forming a citizen-oriented administration. They are focused on the implementation of innovative e-technologies in business and public administration.
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Salles, Alexandre Aroeira. "Tribunais de Contas: competentes constitucionalmente para o exercício das funções administrativa e jurisdicional." Revista de Direito Administrativo 277, no. 1 (May 11, 2018): 203. http://dx.doi.org/10.12660/rda.v277.2018.74807.
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<p>Brazilian Courts of Accounts: competencies for the administrative and the jurisdiction functions</p><p> </p><p>Este artigo interpreta as normas da Constituição da República Federativa do Brasil de 1988 referentes à atividade de controle externo ao encargo do Tribunal de Contas da União, em especial a norma do inciso II do artigo 71 da Constituição, a fim de avaliar se teria sido entregue às Cortes de Contas o exercício da função jurisdicional.</p><p> </p><p>This article interprets the norms of the Constitution of the Federative Republic of Brazil of 1988 regarding the external control activity of the Federal Court of Accounts, especially the norm of item II of article 71 of the Constitution, in order to know if the Brazilian Constitution gave jurisdictional competencies for this Court.</p>
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Aniskina, N. V. "Classification of administrative enforcement measures applied by officers of the Federal Penal Service of Russia." Institute Bulletin: Crime, Punishment, Correction 13, no. 2 (July 19, 2019): 200–206. http://dx.doi.org/10.46741/2076-4162-2019-13-2-200-206.
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Much of the research is devoted to administrative enforcement as one of the leading methods of state management. However the generally accepted version of the classification of administrative enforcement measures has not yet been formed in the theory of administrative law. Moreover unlike the police officers (militia), only a fraction of the work is devoted to the study of the system of administrative enforcement measures used by the Federal Penal Service of Russia in the implementation of jurisdictional powers. In the scientific community there is no unity in the perception of this complex sociolegal phenomenon, which is due to a number of reasons: the diversity of public relations regulated by administrative law arising in the field of public administration; lack of unity in the choice of criteria for classification; the different types of enforcement measures used, etc. The analysis of the main classification models of administrative enforcement measures presented in the scientific environment made it possible to develop an author’s classification that takes into account the characteristic features of social relations taking shape in the functioning of institutions and bodies of the penal system. Depending on the objective purpose the measures of administrative enforcement applied by employees of the Federal Penal Service of Russia are divided into measures of administrative enforcement not related to committing an administrative offense (administrative preventive measures) and measures of administrative enforcement related to committing an administrative offense (administrative suppressive measures, measures of administrative and procedural security, measures of administrative responsibility). The proposed classification allows us to comprehensively analyze the external impact of administrative enforcement measures on public relations in the penal system to understand the purpose of these measures and also to see the final result of their use which contributes to solving many problems of a theoretical and practice-oriented nature.