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Journal articles on the topic 'Administrative proceedings'
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1
Bimasakti, Muhammad Adiguna. "LAWSUIT IN ADMINISTRATIVE COURT AFTER ADMINISTRATIVE PROCEEDINGS BASED ON PERMA NO. 6 OF 2018." Jurnal Hukum dan Peradilan 8, no. 3 (December 12, 2019): 458. http://dx.doi.org/10.25216/jhp.8.3.2019.458-480.
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The enactment of Law No. 30 of 2014 concerning Government Administration very much changes the paradigm of the proceedings in the State Administrative Court. One of the fundamental things is about administrative proceedings as pre-litigation proceedings. Under Article 75 of Law No. 30 of 2014 concerning Government Administration, citizens who feel disadvantaged by a Government’s Decision or Action can file an administrative proceedings, and then file a lawsuit in the Administrative Court. Regarding this regulation, two interpretations arise regarding the obligation of administrative proceedings as pre-litigation proceedings. One party argues that the administrative proceedings as pre-litigation proceedings must be carried out before filing a lawsuit in the Court, and the other argues this is not mandatory. For a period of four years, the interpretation of the obligation of administrative proceedings as a pre-litigation proceedings in Law No. 30 of 2014 concerning Government Administration is floating in the realm of discourse. It was only on December 4th, 2018 that the Supreme Court issued a Supreme Court Regulation (PERMA) No. 6 of 2018 concerning Guidelines for Resolving Disputes Regarding Government Administration After Administrative Proceedings, finally the Supreme Court dictates that administrative proceedings as a pre-litigation proceedings is a must. However, the PERMA does not regulate fundamental things regarding lawsuit after administrative proceedings, namely, who will be seated as the defendant, and what is the object of the lawsuit. In addition, there are also a number of things that needed to be reviewed regarding the arrangements in the PERMA, such as regarding the deadline for a lawsuit in the Court.
2
Smarż, Joanna. "Instytucja mediacji w postępowaniu administracyjnym." Opolskie Studia Administracyjno-Prawne 16, no. 1 (4) (September 16, 2019): 61–70. http://dx.doi.org/10.25167/osap.1160.
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Mediation is a new institution in administrative proceedings aims to provide a partnership approach of the administration to citizens and to enable which participation of the public in administrative governance. However, the introduction of mediation into administrative proceedings raises doubts as to its practical applicability, especially given the current reluctance of administration to the binding provisions of the agreement in view of the fact that mediation proceedings bring many unquestionable benefits also to the administration, there is a hope that it will adapt better than in judicial-administrative proceedings, where it is not applied.
3
Mikheiev, M. V., and M. V. Mikheiev. "SUBJECTS OF ADMINISTRATIVE PROCEEDINGS IN CONFLICT AND NON-CONFLICT ADMINISTRATIVE PROCEEDINGS." Constitutional State, no. 41 (March 17, 2021): 54–60. http://dx.doi.org/10.18524/2411-2054.2021.41.225581.
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The article analyzes the range of participants in administrative proceedings, depending on which of the two groups of proceedings they belong to: conflict or non-conflict. It is noted that for the terminological designation of participants in non-conflict proceedings, special attention should be paid to the procedural position they perform in administrative proceedings. The article defines two groups of participants in non-conflict proceedings, the first of which consists of state executive bodies and local governments and their officials who consider and resolve administrative cases. The second group of participants in non-conflict proceedings consists of individuals and legal entities, as well as, under certain conditions, associations of citizens without the status of a legal entity, who protect personal rights and legitimate interests in the administrative process. The laws establishing the procedure for conducting administrative proceedings do not contain standard procedural terms for designating individuals and legal entities as participants in administrative proceedings in Ukraine. It is proposed to analyze the subjects of conflict proceedings depending on the type of proceedings in which they participate, that is, focusing on such types of administrative proceedings as: administrative-tort proceedings, disciplinary proceedings, proceedings on complaints of citizens, administrative proceedings by way of administrative proceedings. The authors concluded that system of subjects of conflict and non-conflict proceedings is complex and branched, what affects the flexibility of the mechanism of protection of the rights and legitimate interests of citizens as a whole today. It is considered to reform the system of conflict proceedings and to minimize of authorized bodies with broad competence. Also, the need for a unified approach to the terminological definition of participants in non-conflict proceedings is a significant problem in law enforcement that needs to be addressed urgently.
4
Pavlova, Margarita. "Delimitation and Correlation of Civil and Administrative Legal Proceedings: Qualification Problems and Criteria." Lex localis - Journal of Local Self-Government 18, no. 2 (April 27, 2020): 335–48. http://dx.doi.org/10.4335/18.2.335-348(2020).
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This article is devoted to the problem of delimitation and correlation of civil and administrative manners of proceeding. The purpose of the research is to define clear criteria to delimit the civil and administrative legal proceedings to increase the efficiency of civil and administrative legislation regulations when solving disputes connected with the violation of rights, liberties and legitimate interests of an individual. The said is based on the hypothesis that the scope of public-administrative relations is wider than the scope of relations that are governed by the norms of administrative law. Classification problem in the study is considered in the context of defining proceeding manners (administrative or civil). Besides, the cases of courts of general jurisdiction have served as a research base. The author suggests some criteria models for delimiting administrative and civil court proceedings by the legal classification between the parties as well as by the suit character of stated claims. The latter in the future might lead to the formation of new, more accurate methods of applying administrative norms and a reduction in the number of precedents for incorrect proceedings.
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Polanowski, Jakub. "Suspension of Administrative Court Proceedings Due to Extraordinary Administrative Proceedings." Przegląd Prawa Administracyjnego 2 (November 29, 2020): 125–48. http://dx.doi.org/10.17951/ppa.2019.2.125-148.
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Art. 124 § 1 point 6 in conjunction with Art. 56 of the Act on Proceedings Before Administrative Courts should be understood in accordance with Art. 2 and 45 of the Polish Constitution, in such a way that the suspension of proceedings on this basis requires prior consideration of all the circumstances of the case, including the circumstances justifying its immediate examination. This especially applies to cases where the court finds the possibility of abuse of procedural law. The circumstances which constitute the basis for the suspension of court proceedings, pursuant to Art. 125 § 1 point 1 of the Act on Proceedings Before Administrative Courts, must objectively condition the court’s decision. When applying the above-mentioned provisions, the court is obliged to consider the effects of possible waiting for a decision on a preliminary ruling. The purpose of the article is to draw attention to the need for a rational adjudication on the suspension of court and administrative proceedings, in order to maintain the principle of the speed of proceedings.
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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.
7
TEREKHOVA, L. A. "ADMINISTRATIVE PROCEEDINGS DRIP." Herald of Civil Procedure 10, no. 3 (June 25, 2020): 30–50. http://dx.doi.org/10.24031/2226-0781-2020-10-3-30-50.
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Itrich-Drabarek, Jolanta, Marcin Jurgilewicz, ANDRZEJ MISIUK, and Aleksandra Zając. "Mediation in the administrative and court-administrative proceedings." Studia Iuridica, no. 89 (May 2, 2022): 111–24. http://dx.doi.org/10.31338/2544-3135.si.2022-89.6.
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The legislator placed mediation in administrative and court-administrative proceedings. The normative regulation of this institution is mainly similar to the solutions applicable in civil proceedings. Mediation is voluntary and its conduct is entrusted to the mediator. The practical use of mediation in administrative or court-administrative proceedings makes an amicable formula that makes resolving administrative cases real. Considering the fact that in 2017 the legislator amended the administrative procedure by embedding mediation in the administrative law system, the authors of the study undertook the evaluation of the mediation institution in administrative and court-administrative proceedings.
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PROSKIN, Leszek. "DECISION IN ADMINISTRATIVE PROCEEDINGS." Scientific Journal of the Military University of Land Forces 162, no. 4 (October 1, 2011): 133–47. http://dx.doi.org/10.5604/01.3001.0002.3206.
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The article analyses adjudication processes: decision-making, incentives, factual states and legal conditions influencing the content of adjudication. A practical solution to problems by adjudication and a custom as part of this practice. A custom can be defined as a non-legal habit of conduct virtually observed within a given organizational structure (unit) of administration in similar situations and in specified time.The society, including the bodies that govern it, should be characterised by legality, i.e. act within law. In our conditions an administrative decision is of phenomenal significance and leaves a clear mark on our everyday life. It is virtually impossible to meet a person that has never been a subject of an administrative decision. Because of the importance of an administrative decision in our life, this article is addressed to those clerks in administrative bodies that in the course of administrative proceedings draw up the content of a ruling or decision that terminates the proceedings in a particular instance and feel anonymous. Underestimating familiarity with law by stating that one does not know law or that one is not a lawyer is frequently repeated by those employees in administrative bodies that are responsible for the content of those decisions and in this way they reveal their ignorance. Ignorantia legis non excusat (Latin for “ignorance of the law excuses no one”), therefore one cannot excuse oneself with unfamiliarity with law.
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Komarov, Vyacheslav, and Tetiana Tsuvina. "The Impact of the Human Rights Convention on the Development of the Administrative Judiciary of Ukraine." Access to Justice in Eastern Europe 4, no. 1 (March 1, 2021): 223–31. http://dx.doi.org/10.33327/ajee-18-4.1-n000054.
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The administration of justice on the basis of a fair trial is not an easy task, as both parties to the dispute are usually certain of their rightness, which they are trying to prove to the court. If one of these parties is a state or its bodies, the judiciary can become a dangerous tool to influence any process in society. Specific cases against Ukraine show that high-ranking officials of all periods of power did not neglect the possibility of influencing the outcome of the case, pursuing goals not related to the administration of justice. The influence of the European Convention and the case law of the European Court of Human Rights has become decisive for Ukraine in the formation of a separate procedure for the administration of justice: administrative proceedings. Some aspects of its functioning are investigated in this work, in particular, the preconditions for the differentiation of administrative proceedings in Ukraine, the problem of defining the concept of the authorities and the state as a party to the case, the implementation of the right to a fair trial in administrative proceedings, access to court and the principle of the equality of parties; oral and open administrative proceedings; adversarial proceedings and the right of the court to establish the circumstances of the administrative case. Keywords: administrative proceedings; the right to a fair trial; access to court; the principle of equality of parties; oral and open administrative proceedings; the right of the court to establish the circumstances of the administrative case.
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Nodżak, Agata. "ABOUT A BLACK SWANS, E-ADMINISTRATION AND EUROPEAN FUNDS – REALIZATION OF PUBLIC TASKS IN THE PERIOD OF THE EPIDEMIC EMERGENCY." Roczniki Administracji i Prawa 3, no. XX (September 30, 2020): 255–73. http://dx.doi.org/10.5604/01.3001.0014.4274.
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The article contains an analysis of selected provisions of the Act on enforcement proceedings in administration after the amendment in 2019. Administrative enforcement proceedings and administrative enforcement that is an integral part thereof are a type of procedures that should follow certain general principles. These principles were formulated by the legislator, as well as legal solutions that were to be an expression of their implementation. According to the author, the amendment to the Act on enforcement proceedings in administration of 2019 has significantly changed the course of enforcement proceedings, resulting in a new model for shaping this administrative procedure.
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Radwanowicz-Wanczewska, Joanna, and Nicola Fortunato. "Non-ruling forms of activity of public administration in administrative enforcement proceedings." Białostockie Studia Prawnicze 26, no. 5 (December 1, 2021): 229–42. http://dx.doi.org/10.15290/bsp.2021.26.05.14.
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Abstract The article contains an analysis of the issues related to the application of non-ruling forms of activity of public administration in the performance of public law obligations through administrative enforcement proceedings. In principle, as part of such proceedings, public law obligations, understood as orders or prohibitions within the area of administrative law and other branches of law applied by administrative authorities (tax law, financial law, labor law), are carried out. Non-ruling forms of activity play a major role in administrative enforcement proceedings. The implementation of an enforcement measure may be related to authorized entities taking not only ruling, but also non-ruling actions. In order to apply an enforcement measure (which constitutes an institutionalized form of administrative compulsion), an administrative authority, on occasion, has to take non-ruling activities. Considering, primarily, the significant severity of the compulsion measures that may be applied towards the party obliged under enforcement proceedings, this proceedings should be carried out with respect for the values of a democratic state and with due care for the good of an individual.
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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 administrative and jurisdictional activity, the main elements of the procedural form of proceedings in disciplinary cases are characterized, and on this basis the characteristic features of proceedings in disciplinary cases of civil servants of the Russian Federation, its goals and objectives are determined. In conclusion, the author’s definition of proceedings in disciplinary cases is proposed.
14
STAFIYCHUK, K. V. "STAGES OF CASSATION PROCEEDINGS IN ADMINISTRATIVE PROCEEDINGS." Scientific Journal of Public and Private Law, no. 4 (2021): 152–56. http://dx.doi.org/10.32844/2618-1258.2021.4.26.
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Shayzakov, Sh I. "The Essence And Characteristics Of The Content Administrative Court Proceedings." American Journal of Political Science Law and Criminology 03, no. 02 (February 22, 2021): 27–35. http://dx.doi.org/10.37547/tajpslc/volume03issue02-05.
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The article deals with the analysis on the disputes arising from public legal relations, the basics of administrative proceedings, the theoretical features of the concepts of public legal relations, public legal dispute, administrative dispute, administrative proceedings, the views of scholars in this point and foreign experience.
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Kerniakevych-Tanasiichuk, Yu V. "Administrative Legal Proceedings: The Ambiguity Of The Concept." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 118–26. http://dx.doi.org/10.15330/apiclu.51.118-126.
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The key to effective implementation of the right to judicial protection is the proper functioning of the judicial system, an important element of which is the administrative courts that ensure the administration of administrative justice. Moreover, the protection of human and citizen’s rights and freedoms through the instruments of administrative justice is an important guarantee of protection against violations by public authorities and local self-government of the «weaker» side of public-legal relations - human and citizen.
In the legal literature administrative legal proceedings is interpreted differently by different scholars, which makes it possible to conclude that this legal phenomenon is multidimensional.
In addition to understanding «administrative legal proceedings » as a separate area of justice, scholars also view administrative law as meaning: administrative justice as an area of legal science; positive (objective) administrative justice as an area of law
Administrative legal proceedings as a branch of legal science examines the current law and jurisprudence of its application, its history and theory, the legislation of other states governing certain legal relationships.
The independence of the field of law is first of all indicated by the specific subject matter and method of regulation, which are the identifying features by which the branches of law are distinguished. Administrative legal proceedings is endowed with its specific subject (the set of social relations that determine the procedure for consideration and resolution by public courts of public law disputes) and the method of legal regulation of the relevant relations in the process of administration of justice, which is endowed with a complex character, that is, is positive.
At the same time, administrative legal proceedings as a separate science, field of law and branch of justice is the subject of study of the same discipline.
In addition, given the inaccuracy of the terms «administrative process» and «administrative legal proceedings» (the term administrative process is broader and more generalized term, which includes administrative justice), it is necessary to emphasize the need to teach «Administrative legal proceedings of Ukraine» separately from «Administrative Procedural Law of Ukraine» at the level of independent academic discipline. This will focus on the peculiarities of the procedure for the consideration and settlement of administrative cases by administrative courts at all stages of the judicial administrative process.
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Spiridonov, Pavel E. "Proving in Administrative Proceedings." Administrative law and procedure 8 (July 29, 2020): 39–43. http://dx.doi.org/10.18572/2071-1166-2020-8-39-43.
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Lončar, Zoran. "Expenses of administrative proceedings." Zbornik radova Pravnog fakulteta, Novi Sad 52, no. 4 (2018): 1595–617. http://dx.doi.org/10.5937/zrpfns52-20573.
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Barikova, Anna. "Prejudice in Administrative Proceedings." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 75–83. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-6.
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The paper addresses the issues of judicial discretion in the application of appropriate preliminary categories for the fair and impartial consideration and settlement of disputes. The author focuses on the peculiarities of applying the prejudice to express contradictions and truth-falsehood, establishment of erroneousness and truth of assessment. The administrative court is to assess a prejudicial relationship between judicial decisions concerning an established legal fact or composition, the consequences or claims arising from the same legal relationship in the original proceedings. Such prejudice applies to the following cases: 1) emergence, change or termination of the main legal relationship in the primary process, affecting the use of prejudicial categories in derivative legal relations in the subsequent process; 2) emergence of a legal relationship not generated by the primary relationship, which contains interdependent substantive legal regulations; 3) recognition of a claim for a conviction due to confirmed preliminary categories by a primary court decision, etc. Direction of assessing the circumstances of the case are dealt with in the paper to establish the facts by comparing the judge’s rules of law and conduct of the parties on the basis of operational rules of law, taking into account «legal issues» (in material/primary and procedural/secondary components). Under the influence of the nature of reasoning, such effective evaluation criteria are formulated as observance of the principles of confidence in law, justice, honesty and morality; standards of reasonableness, impartiality, good faith; political goals of ensuring the common good, security of the state, public interests. Within the procedural discretion when using the preliminary categories, the judge is to fully and impartially investigate the «question of fact» regarding the modelling of scenarios and empirical knowledge of the truth on the levels of probability, conviction, absolute certainty. This subject of evaluation is dependent on previous decisions in the direction of «definitive» interpretation in order to make an unambiguous decision. The author adduces examples of legal positions of the Supreme Court and courts of previous instances on applying preliminary categories in administrative proceedings. It has been identified that the possibility of preliminary categories non-application in case of motivated judge’s disagreement in the way of the «recall» within the subject of consideration of the factual circumstances of the case is to be provided. Deviation from prejudice might be justified if there is a need for a «live» transition of judicial practice to interpretation, filling gaps and open «legitimate» completion of the law. Relevant changes are to be implemented in a natural, gradual and coordinated manner. Procedure for overcoming the legal force of the preliminary ruling of a court decision has been proposed. The universality of a court decision is conditional. The standard legitimate way to reject prejudice is to review court decisions. Such decisions might be reviewed for compliance with the law and validity in their adoption. Confirmation of a judicial error «cancels» the preliminary nature of such a decision. Moreover, if the draft decision contradicts the preliminary categories given in another court decision that has entered into force, it is necessary to review unacceptable legal facts and compositions. For example, these could be procedural abuses, artificial distortion (creation or forgery) of evidence, etc. Key words: discretion, judicial discretionary power, prejudice, falsity, truth, contradiction.
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OSINTSEV, D. V. "Administrative Proceedings as a Form of Public Administration." Herald of Civil Procedure 8, no. 6 (January 15, 2019): 45–55. http://dx.doi.org/10.24031/2226-0781-2018-8-6-45-55.
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Telegin, Aleksandr S. "Representation in the Proceedings on Administrative Cases and Administrative Legal Proceedings: Comparative Analysis." Administrative law and procedure 4 (April 15, 2021): 6–10. http://dx.doi.org/10.18572/2071-1166-2021-4-6-10.
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The article analyzes individual problems of the implementation of the institution of representation in administrative and procedural activities, studies the mechanism of its implementation in proceedings on cases of administrative offenses and administrative proceedings, substantiates the need to improve regulatory regulation
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Skóra, Agnieszka, and Paweł Kardasz. "Legal Effects of Failures to Technical Devices and ICT Networks Which Are Used for Submitting Electronic Applications to Administrative Authorities and Legal Effects of Errors in Data Transmission of e-Submission: Comments Based on General Administrative Proceedings in Poland." Studia Iuridica Lublinensia 30, no. 4 (October 13, 2021): 301. http://dx.doi.org/10.17951/sil.2021.30.4.301-313.
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<p>This paper aims at an analysis of legal effects of failures occurring to technical devices and ICT networks which are used for submitting electronic applications to administrative authorities within general administrative proceedings in form of e-submissions as well as legal effects of errors in data transmission in connection with the process of sending such submissions. Problems emerging in such situations make a very interesting yet not fully studied issue. So far no written analyses have been issued and the single cases that happen are resolved by administrative courts on an <em>ad causam</em> basis. Despite the fact that the administrative proceedings digitalization process has been going on for over 20 years, its importance has actually been confirmed now, during the COVID-19 pandemic, partially due to the necessity of meeting the sanitary measures, avoiding gatherings, limited or suspended operations of the public institutions on site which makes the electronic communication between the participants of administrative proceedings “attractive”. For this reason, electronic administrative proceedings have become an attractive solution in this difficult and unpredictable period. The authors formulated here a hypothesis that malfunctions of technical devices or ICT networks used for submitting applications or motions may result even in failure to submit the said applications. In some cases, however, it is possible to eliminate such a negative effect by applying Article 58 of the Administrative Proceedings Code. On the other hand, an error in data transmission of an application consolidated in the electronic form depending on the nature of the error and the stage of the proceeding where such error has been noted may be – in the authors’ opinion – as a rule, deemed a formal failing. Article 64 § 2 of the Administrative Proceedings Code refers to the indicated cases.</p>
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SHCHERBANYUK, Oksana. "Simplified Legal Proceedings in the Administrative Proceedings of Ukraine." European Journal of Law and Public Administration 7, no. 2 (March 12, 2021): 165–83. http://dx.doi.org/10.18662/eljpa/7.2/137.
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This article examines a simplified proceedings in administrative proceedings of Ukraine, its concept, regulatory, procedural features. The purpose of this article is to clarify the procedural aspects and problems of simplified action proceedings in administrative judicial procedure of Ukraine based on the experience of European countries. According to the objectives of the study the study used a set of methods and scientific knowledge as theoretical and scientific. The comparative legal method was used for the analysis of foreign models of simplified administrative matters and made the generalization of such experience. Systemic structural method applied to determine the procedural conditions of the grounds the use of simplified action proceedings in administrative proceedings. It is concluded that the Code of administrative proceedings of Ukraine contains a single mismatch and problematic aspects in terms of regulation of administrative matters under the rules of simplified action proceedings, in particular the duplication of regulations and partial inconsistency of their content. Such legislative regulation of the powers of the court fully consistent with the positions of the ECHR. It is therefore proposed to amend the Code of administrative proceedings of Ukraine, agreed with the practice of the European court of human rights.
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Jakubowski, Aleksander. "Patenty uprawniające do uprawiania turystyki wodnej na jachtach żaglowych – zagadnienia prawne." Studia Prawa Publicznego, no. 2(18) (December 4, 2019): 83–102. http://dx.doi.org/10.14746/spp.2017.2.18.3.
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The article considers the issue of sailing licences which include: a sailor licence, a steersman licence and a captain licence. The legal character of sailing licences and the procedure in which they are issued is analysed. The judicial control of sailing licences is also considered. The granting of a sailing licence is an act confi rming that a person indicated therein has certain qualifi cations required for sailing. The legal character of the licence is similar to an administrative certifi cate. Granting the sailing licence can be conditional upon passing a formal examination by a person requesting the licence to be issued. The examination itself is regarded as an administrative act in law. The study proves that the Polish Sailing Association performs a function of a public administration unit issuing sailing licences. This means that it acts as a an administrative body in a functional dimension.The sailing licence is granted in the form of a declarative decision issued by the Polish Sailing Association. The proceeding for issuing such a decision is an administrative proceedings governed by the Code of Administrative Proceedings. The actions of the Polish Sailing Association as well as its failure to act are controlled by administrative courts.
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Kanunnikova, Natalya G. "Some Issues of Proceedings in Cases on the Contestation of Legal Acts of Administration in Administrative Proceedings." Administrative law and procedure 10 (October 8, 2020): 26–27. http://dx.doi.org/10.18572/2071-1166-2020-10-26-27.
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Legal acts of administration are of great importance for the society and state in the modern world, the publication of such acts is the main form of the administrative process. Administrative acts turn the state policy into a reality, perform functions of executive government authorities. However, such acts often violate rights and legitimate interests of individuals and legal entities and thus may be contested by interested parties in administrative proceedings.
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Wszołek, Michał. "REPRESENTATION UNDER PETITIONARY PROCEEDINGS AND PROCEEDINGS IN THE MATTER OF COMPLAINTS AND PROPOSALS." Roczniki Administracji i Prawa 2, no. XX (June 30, 2020): 207–18. http://dx.doi.org/10.5604/01.3001.0014.1708.
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The article discusses the issue of representation under petitionary proceedings and proceedings in the matter of complaints and proposals. The above mentioned issue has been analysed within the context of relations between provisions on administrative proceedings in cases individually decided by way of administrative decision and provisions of the above mentioned proceedings due to lack of regulation on representation in parts of legal texts directly concerning them. The author’s goal is to present the theoretical basis of the representatives’ actions in above mentioned proceedings. Consequently, the article is supported by opinions of legal scholars specialised in administrative procedural law and theoreticians of law, contains analysis of the rule concerning application mutatis mutandis of provisions on administrative proceedings in cases individually decided by way of administrative decision in petitionary proceedings and analysis of application of provisions on administrative proceedings in cases individually decided by way of administrative decision in proceedings in the matter of complaints and proposals based on analogy.
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Spiridonov, P. E. "Administrative prevention measures and issues of their administrative procedural application." Courier of Kutafin Moscow State Law University (MSAL)), no. 6 (September 25, 2021): 116–24. http://dx.doi.org/10.17803/2311-5998.2021.82.6.116-124.
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The subject of the study in this paper is administrative prevention measures and their variety, such as preventive measures. The purpose of the study is to analyze the nature of administrative prevention measures and their administrative procedure. The paper concludes that it is premature to talk about the existence of proceedings on the application of administrative prevention (preventive) measures, since the Russian Federation has not fully developed a system of administrative procedural rules governing this type of proceedings from the stage of initiating an administrative case to the stage of appeal. At the same time, taking into account the introduction of a risk- oriented approach in public administration, the need for the formation of this type of administrative proceedings increases. It is also suggested that the peculiarities of the legal regulation of the procedural procedure for the application of administrative prevention measures depend on two important conditions: (1) the effectiveness of the application of the relevant measure by law enforcement officials and their officials; (2) the ability to ensure respect for the rights and freedoms of a person and citizen in the existing procedure of application.
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Kmiecik, Zbigniew. "Procedural administrative law relation in general administrative proceedings." Studia Iuridica Lublinensia 22 (August 28, 2014): 447. http://dx.doi.org/10.17951/sil.2014.22.0.447.
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Maletych, М. М. "FACILITATING DEMANDS TO ADMINISTRATIVE DOCUMENTS IN ADMINISTRATIVE PROCEEDINGS." Juridical scientific and electronic journal, no. 1 (2021): 388–90. http://dx.doi.org/10.32782/2524-0374/2021-1/97.
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Bińkowska-Artowicz, Beata. "Dopuszczalność skargi do sądu administracyjnego na bezczynność lub przewlekłe prowadzenie postępowania w przypadku braku odpowiedzi na interpelację, zapytanie oraz interwencję poselską." Zeszyty Prawnicze Biura Analiz Sejmowych 1, no. 69 (2021): 163–68. http://dx.doi.org/10.31268/zpbas.2021.12.
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According to the author, a complaint to the administrative court in the discussed cases is not admissible. This thesis is justified by provisions of applicable law and jurisprudence of administrative courts. The provisions of the Act – Law on Proceedings before Administrative Courts indicate that a complaint against inactivity or excessive length of proceedings is admissible only in cases where a public administration body was obliged to issue decisions, rulings or other acts.
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Kudasik-Gil, Emilia. "Legal Status of a Non-Profit Organization and Its Impact on the Mode of Initiating Proceedings under Art. 7 (3) of the Polish Animal Protection Act." Przegląd Prawa Administracyjnego 2 (November 29, 2020): 69–80. http://dx.doi.org/10.17951/ppa.2019.2.69-80.
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The article focuses on the issue of the legal status of a non-profit organization, whose statutory purpose is to protect animals in the administrative proceedings under Art. 7 (3) of the Polish Animal Protection Act, which is the subject of discrepancy of interpretations in the jurisprudence of administrative courts. The institution of temporary collection of an animal regulated in Art. 7 (3) of the Polish Animal Protection Act is of fundamental importance for humanitarian protection of animals in Poland. In theory it consists of taking away the mistreated animal from its owner and subsequent confirmation of that fact through the administrative decision issued by the executive body of the municipality. The study deals with the problem of its legal interest in the proceedings and, as a consequence, it analyses its position as a party or entity as a party in the proceedings. Determining the status of a non-profit organization in proceedings is crucial for resolving another problem raised in the article, namely the mode in which proceeding under Art. 7 (3) of the Polish Animal Protection Act is being initiated.
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Polanowski, Jakub. "Participants in Administrative Court Proceedings in Multi-Stakeholder Proceedings." Przegląd Prawa Administracyjnego 3 (September 5, 2021): 123–43. http://dx.doi.org/10.17951/ppa.2020.3.123-143.
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This article is conceptual in nature and addresses the application of the rules on the participation of participants in administrative court proceedings. The main thesis of the paper is based on the statement that a person who, as a party to administrative proceedings, was notified, pursuant to Art. 49a of the Administrative Procedure Code, of the activities of an authority by public announcement, may become a participant in administrative court proceedings after fulfilling the condition specified in Art. 33 § 1a of the Law on Administrative Courts Proceedings. The subsidiary thesis is that reasons of procedural efficiency require the adoption of such a limitation of the rights of the designated entities that will not infringe the essence of their right to a court and will not impede the exercise of that right by the parties and other participants to the proceedings. The purpose of this paper is to provide that Art. 49a of the Code of Administrative Procedure is one of the “special provisions” referred to in Art. 33 § 1a of the Law on Administrative Courts Proceedings. The reasoning adopted is based on the assumption that the interpretation of the above provisions should take into account both the requirements arising from the right of access to court and the right to be heard without unreasonable delay and the need to minimise the costs of proceedings. The described issue, based on national research, is of significant importance for practice and have not yet been discussed in more detail in the doctrine.
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Gridin, S. I. "Administrative proceedings in Roman law." Courier of Kutafin Moscow State Law University (MSAL)), no. 6 (September 25, 2021): 133–44. http://dx.doi.org/10.17803/2311-5998.2021.82.6.133-144.
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The article deals with the issues of administrative proceedings in Roman law. Its beginning was laid in the 5th century BC by the laws of ХII tables. They briefly deal with the issues of legal proceedings, which at that time was called court agreement. Free citizens gathered at the forum (city square), where the plaintiff presented claims to the defendant. In Roman law, the rule was established to make claims through claims, which the magistrate (praetor) had to support. The judges were elected by the people. Gradually, the praetors changed the formulas of claims, which contributed to the development of Roman law. Often they proceeded not from the law, but from the circumstances of the case, therefore they could instruct the judge to consider the case “in good faith.” Gradually, various forms of claims were formed, which contributed to the improvement of administrative proceedings. In Roman law, many concepts were laid that have remained in modern legal proceedings. This is the election and turnover of judges, the necessary defense, the writ of execution and the persons who monitored their execution; jurisdiction; corruption; search procedure; jurisdiction; privilege; appeal against court decisions; requirement for witnesses; consideration of cases by the police; torts; limitation of actions; and some others. This makes the study of Roman justice relevant.
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Shtatina, M. A., and S. E. Zvyagintsev. "Subject of Administrative Judicial Proceedings." RUSSIAN JUSTICE 10 (September 2019): 100–112. http://dx.doi.org/10.17238/issn2072-909x.2019.9.100-112.
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Heintzen, Markus. "Preclusion in German administrative proceedings." Law Enforcement Review 3, no. 2 (September 13, 2019): 77–83. http://dx.doi.org/10.24147/2542-1514.2019.3(2).77-83.
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Kolpakov, Valerii. "Administrative proceeding relations in the subject of administrative law." Administrative law and process, no. 1(20) (2018): 4–10. http://dx.doi.org/10.17721/2227-796x.2018.1.01.
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Article investigates the administrative procedural relations which exist in sphere of action of administrative courts. The place of these establishes the relations in administrative law of Ukraine. For this purpose author investigates the legal nature of norms of administrative legal proceedings; analyzes the legislation on administrative courts; considers practice of work of administrative courts; studies history of administrative judicial system; analyzes scientific research in the sphere administrative law, administrative process, functioning of judicial system; studies drafts of normative documents in the sphere of administrative legal proceedings. As a result of the research author proposed definition of the administrative process.
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Wójcicka, Ewa. "Oddanie pisma w placówce operatora pocztowego – uwagi de lege lata i de lege ferenda." Studia Iuridica 72 (April 17, 2018): 415–29. http://dx.doi.org/10.5604/01.3001.0011.7642.
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The aim of this article is to discuss the problems of submitting process letters to courts and public administration bodies via a postal operator as well as to indicate essential problems caused by unjustified differentiation of standards concerning the compliance with time-limits when the subject has limited or excluded opportunity to lodge a pleading a letter in person. Only in criminal proceedings and proceedings in cases of offences the participants have full freedom to choose a postal operator and to benefit from the presumption of lodging of a submitting a letter in the date of sending. In administrative proceedings, administrative court proceedings and tax proceedings, to be sure that legal deadline will be met, one should submit a letter to a court or a public administration body via a postal operator providing universal postal services. The article drew attention to a lack of consistency and consequence of the legislator relating to the regulation of submitting letters depending on the nature of proceedings and place of residence.
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BURMISTROVA, S. A. "SYSTEM OF MAIN PROCEEDINGS FOR THE PROTECTION OF PUBLIC LEGAL INTERESTS: WHAT SHOULD IT BE LIKE." Herald of Civil Procedure 10, no. 6 (January 25, 2021): 66–83. http://dx.doi.org/10.24031/2226-0781-2020-10-6-66-83.
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According to modern Russian procedural legislation, the protection of public legal interests is carried out in civil and administrative proceedings. In administrative proceedings, interests that are implemented in a public-law power relationship are protected; in civil proceedings, interests that are implemented in a public legal relationship based on equality of the parties are protected. The author believes that all public legal interests are united in that their implementation is significant for the whole society, its part, and an indefinite circle of people. This feature gives rise to the specifics of not only the implementation, but also the protection of public legal interests. The current state of Affairs in which some publicly-legal interests defended in administrative proceedings and the other in civil law, the author believes is wrong, because it may lead to inadequate protection and the violation of such interests in the application of procedures, not taking into account the peculiarities of the subject of protection. Based on a broad understanding of administrative proceedings as proceedings for the protection of public legal interests, with the exception of those that receive protection in constitutional and criminal proceedings, the author puts forward the thesis that in administrative proceedings there should be proceedings designed to consider disputes that are not related to legal relations. Thus, it is justified that administrative proceedings should have special administrative and administrative claim proceedings.
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Dumas, Anna, and Piotr Pietrasz. "Judicial Interpretation of the Tax Law Provisions and Protection of the Subjective Rights of Taxpayers – In the Light of Art. 153 of the Act on Proceedings Before Administrative Courts in Poland." Studies in Logic, Grammar and Rhetoric 33, no. 1 (August 1, 2013): 77–99. http://dx.doi.org/10.2478/slgr-2013-0015.
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Abstract This article refers to the issues associated with the crucial significance of the interpretation of tax law provisions made by administrative courts in the course of the judicial inspection of tax decisions, within the context of protecting the subjective rights of taxpayers. The analysis in that regard has been prepared based on the provisions of art. 153 of the Act of 25 July 2002 on Proceedings before Administrative Courts, which expresses the important rule of binding the court and the administrative authority, whose act was the subject of an appeal, with a legal assessment and instructions regarding the further proceedings described in the decision of the administrative court. As a result of this rule, a decision of an administrative court exerts the results exceeding the scope of judicial administrative proceedings, while its effect also covers the future tax proceedings. If the legal assessment made by the court refers to the regulations that affect the subjective rights of a taxpayer, it means that the administrative court imposes the effects of “its” interpretation of those provisions on a tax authority. In turn, the tax authority is obliged to respect those rights in accordance with the opinions of the court, which usually affects the final resolution of a tax case. It should be borne in mind that a taxpayer, by submitting an appeal against a tax decision to an administrative court, demands not only an inspection of the acts of tax administration, but also - which should be emphasized - demands the execution of its rights, including its subjective rights. Therefore, we should not forget the crucial role of the administrative courts in the protection of the substantive rights of taxpayers. The instrument that allows the administrative courts to guard the subjective rights of taxpayers, consists in the procedural regulations included in the provisions on proceedings before administrative courts, and in particular art. 153 of the Act on Proceedings before Administrative Courts in Poland.
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S. M., Petrova. "Some Issues of Administrative Procedure and Ways for Further Improvement in Russian." Rossijskoe pravosudie, no. 8 (July 16, 2021): 19–24. http://dx.doi.org/10.37399/issn2072-909x.2021.8.19-24.
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The purpose of the study is to identify the main features of the legislative concepts of administrative proceedings and administrative process, administrative legal dispute. This article analyzes the content of the conceptual framework of administrative proceedings. New approaches to the development of procedural norms of administrative proceedings are proposed.
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Kozynets, I. H., and K. L. Stechenko. "ABUSE OF PROCEDURAL RIGHTS IN ADMINISTRATIVE PROCEEDINGS." Actual problems of native jurisprudence 1, no. 1 (March 3, 2021): 88–91. http://dx.doi.org/10.15421/392119.
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The article is devoted to the study of the content of such a legal phenomenon as the abuse of procedural rights in the implementation of administrative proceedings. Quite often, during the direct administration of justice by administrative courts, there are cases when the parties or other participants in the proceedings abuse their procedural rights. They use them to achieve their own selfish goals: deliberately delaying the administrative process; restriction of rights or the possibility of their realization by other participants in the proceedings; going to court with unfounded lawsuits, etc. This attitude is a neglect of the right of man and citizen to adequate judicial protection, enshrined in the Article 55 of the Constitution of Ukraine. The authors set out to investigate the issue of abuse of procedural rights in administrative proceedings. This will help prevent such actions in practice, ensure effective protection of the rights, freedoms and legitimate interests of individuals in the field of public relations. It is established that the current administrative procedural legislation of Ukraine does not reveal the essence of the concept. The main approaches of scientists to understanding this definition are analyzed. Based on the analyzed definitions, the authors come to the conclusion that the abuse of procedural rights in administrative proceedings should be understood as the unfair exercise by litigants of their rights to achieve personal selfish goals that are incompatible with the purpose of administrative proceedings and are not related to the content person procedural rights, and with the process and the possibility of their implementation. The most controversial issue is the qualification of actions that can be considered abuse, as Article 45 of the Code Administrative proceedings of Ukraine contains a list of only the most common types of abuse, and, therefore, the court is empowered to recognize such abuse as any action that has the appropriate direction and nature. The sanctions that the administrative court may apply in case of detection of such illegal actions are outlined. The authors propose to establish clear criteria for the classification of abuse of procedural rights, which will lead to the same case law and reduce the number of cases where the abuse will be classified incorrectly.
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Leschina, Eduard L. "Modern Approaches to the Determination of the Structure of an Administrative Procedure." Administrative law and procedure 1 (January 21, 2021): 25–29. http://dx.doi.org/10.18572/2071-1166-2021-1-25-29.
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Тhe article considers the existing approaches to the definition of the administrative process and its structure. The conclusion is formulated that at the present stage, the General theory of the legal process, as well as the theory of administrative process, is still very difficult to consider universally recognized and finally formed. Further, the point of view that the administrative process is a broad collective concept that covers the legally significant activities of public administration and the court is substantiated. The main element of the administrative process is administrative proceedings, and the structure of the administrative process includes cases that have the characteristics of the process as a legal category. The existing disagreements among experts on the issue of inclusion in the structure of the administrative process of various categories of administrative proceedings (cases) are shown.
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I. I., Tolmacheva. "Some Aspects of Administrative Procedural Legal Relations in German Administrative Proceedings." Rossijskoe pravosudie, no. 10 (September 27, 2021): 36–42. http://dx.doi.org/10.37399/issn2072-909x.2021.10.36-42.
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This article analyzes the peculiarities of legal relations arising between the administrative court and participants of administrative procedure in Germany is the judicial practice of administrative courts as an example of the development of legal proceedings, necessary to achieve the goal of controlling society improve its living conditions; and to consider drawing on the experience of building a legal relationship between the administration and the citizen of Germany in violation of his rights by the government.
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Muzyczka, Karolina. "Powers of a party in administrative enforcement proceedings." Zeszyty Naukowe Państwowej Wyższej Szkoły Zawodowej im. Witelona w Legnicy 3, no. 40 (September 30, 2021): 25–42. http://dx.doi.org/10.5604/01.3001.0015.4456.
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Enforcement in administrative enforcement proceedings consists in the establishment by a competent public administration body of a state coercive measure in order to fulfill public-law obligations. Thus, administrative enforcement is a form of direct interference by public administration bodies in the sphere of rights and freedoms of an individual, which means that it is subject to legal regulation. In order to provide an individual with protection against unjustified interference with their rights and freedoms, the possibility of applying legal measures against acts and enforcement actions against them was granted.
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Sobieralski, Krzysztof. "Rozwój instytucji wznowienia postępowania administracyjnego: od totalitaryzmu do demokracji." Studia nad Autorytaryzmem i Totalitaryzmem 43, no. 2 (December 27, 2021): 433–45. http://dx.doi.org/10.19195/2300-7249.43.2.30.
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The purpose of the paper is to present the evolution of the legal shape the institution of resuming administrative proceedings has undergone, starting from the classic regulation in the second decade of the 20th century, through the Polish People’s Republic period, to the present day. The main function of the discussed procedural institution is to verify the final resolution of an individual case if the already completed procedure was affected by what qualified as procedural defect. The resumption of administrative proceedings in the present formula, mainly regulated by the Code of Administrative Procedure, was shaped mainly during the totalitarian rule of the Polish United Workers’ Party of the PRL period. As a consequence, the way the discussed procedural institution formed was influenced by such circumstances as: the one-party system, the lack of social consultations before its passing, or the imposition of the communist ideology adopted in advance, affecting the legal understanding of individual premises for the resumption of proceedings. Due to the lack of administrative judiciary until 1980, which could independently control the public administration activities in the context of correctly interpreting and applying the provisions on resuming administrative proceedings, it was entirely dominated by the communist authorities. Importantly, the administrative law system during the existence of the so-called Polish People’s Republic — which was de facto a non-sovereign state strongly influenced by the Soviet Union — made it impossible for individual legal institutions, including the institution of resuming administrative proceedings, to settle into social and economic realities naturally and free from extra-legal influences. Establishing the administrative judiciary in the form of the Supreme Administrative Court on September 1, 1980 was the first announcement of the system transformation planned for the Polish Republic and democratic changes that were to affect the resumption of administrative proceedings institution by introducing an independent control of its application and interpretation. Due to the changes initiated in 1980 and continued in 1989, 1997, and 2002, the institution of resuming administrative proceedings was separated from political influence and totalitarian values in favor of a democratic state ruled by law.
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Leheza, Yevhen, Iryna Odyntsova, and Natalia Dmytrenko. "Theory and legal regulation of information support of administrative procedures in Ukraine." Ratio Juris 16, no. 32 (May 10, 2021): 291–306. http://dx.doi.org/10.24142/raju.v16n32a12.
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The article is devoted to the analysis of scientific concepts and the legal framework of the concept of information support for administrative legal proceedings. Features and peculiarities of information provision for administrative legal proceedings are studied; its differences from information support for the administrative court are stressed. The author’s definitions of the concept of information support for the administrative procedure and information support for the administrative court are proposed. Three stages of formation of national legislation regulating information provision of administrative legal proceedings are singled out. The system of laws and regulations, which provisions consolidate legal fundamentals of information support for administrative legal proceedings, is clarified. Prospective directions for the development of scientific inquiry in the field of information support for administrative legal proceedings and its legal regulation are clarified.
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Dixi, Revista, Yevhen Leheza, Iryna Odyntsova., Natalia Dmytrenko., and Nataliia Yuzikova. "The Theory and legal regulation of information support of administrative procedures in Ukraine." DIXI 23, no. 2 (July 6, 2021): 1–14. http://dx.doi.org/10.16925/2357-5891.2021.02.08.
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The article is devoted to the analysis of scientific concepts and the legal framework of the concept of information support for administrative legal proceedings. Features and peculiarities of information provision for administrative legal proceedings are studied; its differences from information support for the administrative court are stressed. The author’s definitions of the concept of information support for the administrative procedure and information support for the administrative court are proposed. Three stages of formation of national legislation regulating information provision of administrative legal proceedings are singled out. The system of laws and regulations, which provisions consolidate legal fundamentals of information support for administrative legal proceedings, is clarified. Prospective directions for the development of scientific inquiry in the field of information support for administrative legal proceedings and its legal regulation are revealed.
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Stakhov, Aleksandr I. "Judicial Protection of Individuals in an Administrative Procedure by Means of Administrative Proceedings." Administrative law and procedure 6 (June 17, 2021): 34–41. http://dx.doi.org/10.18572/2071-1166-2021-6-34-41.
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The article highlights and studies judicial protection of individuals and organizations (individuals) in the administrative process as a special way of implementing justice on the appeals of citizens and their associations for the protection of their rights, freedoms, and legitimate interests in the course of Executive (non-judicial) and judicial administrative processes from the perspective of an integrative understanding of the administrative process. Taking into account the direct effect of the norms of the Constitution of the Russian Federation, the legal basis for judicial protection of individuals in administrative proceedings consists of two components: 1) the constitutional basis for; 2) legal grounds. Conducted a comprehensive analysis of the legal norms that constitute the constitutional basis and a legislative basis for judicial protection of individuals in administrative process, in which: justified the constitutional right of individuals to protection in the administrative process through the administrative procedure; is General conclusion that the subject of this judicial protection are contested in courts decisions and actions (inaction) of administrativepublic bodies and officials; the author substantiates the allocation of administrative court cases on the protection of individuals in administrative proceedings, which are divided into separate categories depending on the nature of the legal consequences of disputed decisions, actions (inaction) of administrative and public authorities and officials, as well as the nature of the dispute being resolved. In accordance with art. 72 of the Constitution of the Russian Federation allocated administrative law and administrative procedural decisions and actions challenged in court, in administrative proceedings, is the typology that best reveals the current level of processualists administrative activities public administration, other administrative public authorities and administrative public officials operating in the Russian Federation, allows you to identify priority areas of optimization of administrative proceedings in cases of settlement of administrative law disputes.
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Stakhov, A. I. "The Integrative Theory of the Administrative Process is the Only True Basis for Building a Model of the Administrative Process." Siberian Law Review 18, no. 3 (October 21, 2021): 313–27. http://dx.doi.org/10.19073/2658-7602-2021-18-3-313-327.
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The article highlights and criticizes two mutually exclusive approaches to understanding the administrative process that currently exist in Russia, which emasculate its complex content, predetermined by the Constitution of the Russian Federation. From the system analysis of art. 10, 18, 72, 118, 126, 132 of the Constitution of the Russian Federation the administrative procedure legislation of the Russian Federation is distinguished, which is considered as a single legal basis for the administrative proceedings carried out by the courts (including: the Supreme Court of the Russian Federation, courts of general jurisdiction, arbitration courts), and the administrative process carried out by the public administration (including: federal executive authorities, executive authorities of the subjects of the Russian Federation and local self-government bodies performing administrative and public functions, as well as organizations, which, by virtue of federal law, have the status of a state or other body for the purpose of performing certain administrative and public functions). With this approach, two components are distinguished in the structure of the administrative procedural legislation of the Russian Federation: 1) administrative-procedural legislation that forms the legal basis of judicial administrative proceedings; 2) administrative-procedural legislation that forms the legal basis of executive (non-judicial) judicial administrative proceedings. Developing the information-psychological approach developed in the theory of law, in relation to the scientific knowledge of the administrative process, administrative-indicating legal norms are distinguished, the analysis of which allows us to reveal the content, form and structure of the judicial administrative process, as well as the executive (non-judicial) administrative process and to establish an integrative relationship between them. Using such a scientific technique, the following is distinguished: 1) a group of administrative-indexing norms that establish discretionary (descriptive) information about judicial administrative cases; 2) a group of administrative-indexing norms that establish discretionary (descriptive) information about non-judicial administrative cases. By means of a differentiated analysis of the selected legal norms, it is argued: judicial and extrajudicial administrative cases are separated, differentiated concepts of administrative proceedings and administrative proceedings are introduced, the structure of judicial and executive (extra-judicial) administrative proceedings is revealed. Based on the developed scientific positions, the key proposals for the systematization of the judicial administrative process and the executive (non-judicial) administrative process in Russia are put forward. Summarizing the above, it is concluded that the presented integrative approach to understanding the administrative process and the proposals put forward on its basis for differentiated systematization of judicial and executive (extrajudicial) administrative process are the only true way to develop the Russian model of administrative process.
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Dubis, Szymon. "Police cooperation with the enforcement authorities in the enforcement proceedings in administration." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 31 (2020): 37–54. http://dx.doi.org/10.15584/znurprawo.2020.31.3.
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On the basis of the science of administrative law and administration, praxeology or organization theory, nowadays, there is a view, that administrative entities should cooperate with each other while performing public tasks. The cooperation of public administration entities as a principle of law, was reflected in the Polish Constitution of 1997 and its content was developed and specified in legislation. The enforcement authorities are entities that enter in different legal relations with participants of the administrative enforcement during their proceedings. At the same time, they are the obligatory participants of the enforcement relationship. The aim of the administrative enforcement proceedings is to compel the obligated entities to meet their obligations which are subject to the administrative enforcement. As the enforcement authorities enter into different legal relations with participants of the administrative enforcement, specific legal instruments were conferred on them, including providing assistance or cooperation. These serve to achieve the aim of the proceedings. Among others, the enforcement authorities cooperate with the police, so that the legal instruments they were given, would be effective. The aim of this article is to outline the essence of the concept of cooperation as a general principle of administrative law and to indicate legal instruments on which the enforcement authorities can cooperate with the police, so that the aim of their proceedings could be achieved. Moreover, the article refers to the procedure for using the legal instruments conferred to the enforcement authorities, i.e. providing assistance and cooperation. It also describes the behaviour of a police officer while being designated for assistance or cooperation.