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Journal articles on the topic 'Administrative regulations'
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1
Tripathi, Rajeshwar. "Concept of Global Administrative Law." India Quarterly: A Journal of International Affairs 67, no. 4 (December 2011): 355–72. http://dx.doi.org/10.1177/097492841106700405.
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Globalisation, which has integrated the whole world into a unit by a vast range of regulatory regime, has led to the emergence of a global state through international institutions. These institutions regulate the social, economic and political life of states. Therefore it has led to the emergence of the concept of Global Governance. This concept of Global Governance has led to development of the concept of Global Administrative Law (GAL). This GAL concept is based on the idea of understanding global governance as administration, which can be organised and shaped by principles of an administrative law character. In this way GAL is related to trans-governmental regulation and administration designed to address the consequences of globalised interdependence in such fields as security, trade conditions on development and financial assistance, banking and financial regulations, Intellectual Property Rights, Labour standards and cross-border movements of populations, including refugees. Isolated national regulations cannot govern these different areas and administrative measures and therefore various transnational systems of regulation or regulatory co-operation have been established through international treaties and organisations. To implement these regulations, transnational administrative bodies—including international organisations and informal groups of officials that perform administrative functions, are established. However these institutions are not directly subject to control by national governments or domestic legal systems or, in the case of treaty-based regimes, the states party to the treaty. However their regulatory decisions may be implemented directly against private parties by the global regime or more commonly through implementing measures at the national level. This situation has led to the question of accountability, fairness and transparency and due process in the functioning of these bodies. GAL is developed in response to this question, which attempts to extend the application of domestic administrative law to intergovernmental regulatory decisions that affect a nation.
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Naseer, Noreen. "Law, Rights, and the Colonial Administrative System: A Critical Note on the Frontier Crimes Regulation (1901) in the FATA, Pakistan." Review of Human Rights 1, no. 1 (December 15, 2015): 24–41. http://dx.doi.org/10.35994/rhr.v1i1.70.
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With these regulations, the colonial administration consolidated the long-term basis of their power and institutionalised an oppressive administrative-judicial system. For this purpose they also engaged local elites and customs. The administrative-judicial system introduced on the Northwestern border was different from the criminal and civil laws introduced elsewhere in British India. In 1947, when British colonial governance ended and the tribal areas became part of Pakistan, the oppressive colonial system of the Frontier Crimes Regulation (FCR) continued. It is still in force to the present day. In this article, I discuss the control structure of the administrative-judicial system that was imposed through these crime regulations in the FATA. I argue that these regulations are against fundamental rights prescribed in Pakistan’s Constitution of 1973 and the UN Human Rights Charter. I also highlight the plight of tribal people suffering politically, socially, and economically due to these undemocratic and discriminatory regulations, which are unduly unjustified and defended by a group of people with vested interests.
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Putriyanti, Ayu. "The Role of Administrative Court in Settlement Administrative Dispute of General Election." SHS Web of Conferences 54 (2018): 03006. http://dx.doi.org/10.1051/shsconf/20185403006.
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The Administrative Court has competence to settlement the administrative disputes. In the regulations of general election stated that election offence administrative disputes, election dispute process, adminsistrative disputes of election should be proceeded in Administrative Court, High Court of Administrative Court and Supreme Court. The existing regulations of Administrative Court do not regulates the procedural process to proceed general election administrative disputes, and the competence of Adminisitrative Court are limited. This becomes a legal gap in law enforcement and legal certainty. The issue is how the competence of administrative court to setllement the administrative dispute of general election based on the regulations.The method is juridical normative by statute approach, conceptual approach. Statute approach and conceptual approach by compared the relevant regulations.The result shows that the Administrative Court has competence to settlement the administrative dispute of general election. To give law certainty and law enforcement, the Supreme Court had legitimized some regulations to proceed the disputes settlement. The novelty is there should be a new regulation of Administrative Court consider the development and modernization.
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Andriiko, Olha. "Institutional insufficiency as a phenomenon of administrative and legal regulation." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 357–66. http://dx.doi.org/10.33663/0869-2491-2021-32-357-366.
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The article is devoted to actual problems of the effectiveness of administrative legal regulation in the field of public administration. It is noted that administrative legal regulation is a dynamic and multifaceted process. The legal rules governing administrative legal relations require ordering and systematization, and their provisions may change. The essence of administrative legal regulation and the role of institutional insufficiency in improving its efficiency are considered. In the course of the research, the features of institutional insufficiency are considered as categories of administrative legal regulation and its characteristics. It is concluded that there is a need to study the institutes of administrative law and their institutional sufficiency, as a characteristic of high-quality institutional development, in the present time and their future development. The issues of institutional activity in field of administrative and legal regulation always attract considerable attention of the scientists and practicing lawyers, because such issues evidence the conditions of regulated relations and determine the requirements for the further improvements of the standards of legislative basis according to the changes taking place in the society and state. The aim of the article. To find out the nature and indications, which characterize the institutional insufficiency of administrative and legal regulation the necessity of its further studies in the conditions reformation processes and activity of state administration bodies, decentralization of its goals and required legal support for execution of their functions and tasks. Results. The article is devoted to actual problems of the effectiveness of administrative legal regulation in the field of public administration. It is noted that administrative legal regulation is a dynamic and multifaceted process. The legal rules governing administrative legal relations require ordering and systematization, and their provisions may change. The essence of administrative regulation and the role of institutional sufficiency in improving its efficiency are considered. In course of the research, the features of institutional insufficiency are considered as categories administrative legal regulations and its characteristics. It is concluded that there is a need to study the institutes of administrative law and their institutional efficiency, as a characteristic of high-quality institutional development, in the present time and their future development. Conclusions. Summing up the considered approaches to the investigation of the problem of institutional insufficiency of administrative legal regulation, it is worthwhile to note that the main attention in the article is focused on different aspects of the problem, such as terminology and correspondence between state regulation and state government, administrative and legal regulation as a legal standard of state regulation. Development and legal fixation of the behavior standards of the subjects of administrative legal relations should be considered as the basis of administrative and legal regulations. Doctrinal definition and development of institutional insufficiency as a legal phenomenon, as well as the category of administrative and legal regulation, permits to obtain the answer about the state of the law institute and the need for its further development according to the challenges arising at certain periods of the state and society development.
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Smachnyi, Vitalii. "Development of organizational mechanism for local communities cooperation." Public administration and local government, no. 4(43) (December 25, 2019): 129–38. http://dx.doi.org/10.33287/101917.
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The article is devoted to the analysis of regulation of cooperation of local communities as a component of the organizational mechanism of cooperation. It is revealed that such document as a Regulation is a legal act that defines an administrative procedure (administrative procedures). The Regulations define the mandatory requirements for administrative processes and their components in the amount and forms that allow ensuring effective implementation of their competence by the local governmental body, its structural units and officials.
The general principles for developing administrative procedures by the Regulations, including Regulations on cooperation are considered. It is determined that in order to optimize and modernize the performance of cooperation functions, any Regulation on cooperation should ensure: unification and universalization of the procedure for implementation of cooperation functions by local communities within their tasks; optimization of performance indicators on cooperation tasks; elimination of unnecessary administrative actions and procedures within the framework of cooperation; simplification of administrative procedures in the implementation of cooperation; reducing the period of administrative actions and procedures in the process of interaction of local communities; elimination of unjustified actions at the discretion of bodies or officials within the framework of cooperation; removal of unjustified burden on local communities that act within the framework of cooperation.
It has been researched that the Regulations on cooperation establish administrative procedures for cooperation of local self-government bodies.
It is revealed that the Regulations on cooperation of local communities should provide the following procedures: exchange of information on planned activities and decisions on cooperation tasks; developing coherent approaches in the preparation of draft regulatory acts within the cooperation objectives; ensuring additional control over the processes of formation, implementation and responsibility for agreed programs and projects within the cooperation objectives; coordination of practical actions of the relevant local self-government bodies within cooperation tasks.
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Apostolache, Mihai Cristian, and Mihaela Adina Apostolache. "Constitutional and Legal Foundations of Local Public Administration in Romania." Lex localis - Journal of Local Self-Government 13, no. 3 (July 31, 2015): 419–32. http://dx.doi.org/10.4335/13.3.419-432(2015).
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The article analyzes the constitutional and legal foundations of local public administration in Romania. It appears, therefore, that the local public administration built on the principle of local autonomy benefits from a general regulation starting from its explicit recognition by the constitutional text and continuing with the development of its legal status in different regulations of organic or ordinary character. The Constitution of Romania, adopted in 1991 and revised in 2003, established the constitutional foundation of local public administration, establishing the principles under which the administration of local communities is organized and functions, how the territory of the state is divided, the authorities exercising local autonomy, as well as the body exercising the control of administrative tutelage over the acts of local public administration authorities. The constitutional norms valued as principles allowed the subsequent adoption of regulations that develop and strengthen the status of existing local communities within the administrative-territorial units in Romania.
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Dahham, Mohammed Waheed. "أركان العقد الإداري وشروط صحته دراسة مقارنة." Twejer 3, no. 3 (December 2020): 707–38. http://dx.doi.org/10.31918/twejer.2033.19.
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The administrative contract is the tool used by the administration to maintain the continuity of the public facility and its steady progress in order to meet the needs of citizens, in way would achieve the public interest. The administrative contract consists of procedures paving the way for its conclusion, represented by the administrative decisions issued by this department with the public authority it has in accordance with the laws and regulations. These decisions are part of and component of the administrative contract. Therefore, the elements of the administrative contract are; that the public authority is one of its parties, the contract relates to a public facility service, and the contract should be subject to public law. However, the conditions of validity of the contract are; the administration shall abide by the laws and regulations in selecting the contractor, the administrative contract includes contractual and regulatory provisions and, and the public person has a generic feature throughout the life of an administrative contract. Key words; administrative law, administrative decision, elements of administrative law, conditions of validity of administrative contract, legal system of administrative law, conclusion of the administrative contract
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Jaśkowski, Marek. "Decisions and Administrative Acts according to the ReNEUAL Model Rules on the EU Administrative Procedure and Proposal for Regulation for an Open, Efficient and Independent EU Administration." Polish Review of International and European Law 5, no. 2 (January 27, 2018): 99. http://dx.doi.org/10.21697/priel.2016.5.2.04.
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The author presents and analyses the notions of a decision according to ReNEUAL Model rules on EU administrative procedure and of an administrative act according to the Proposal for Regulation for an open, efficient and independent European Union administration. The discussion approaches the subsidiary character of the proposed rules and exclusions of their applicability in given cases, the designation and individual character of decisions and administrative acts, as well as their form and content. Additionally, the author considers the possibility of qualifying certain regulations as decisions or administrative acts. According to the conclusion, the scope of application of analysed proposals may turn out to be relatively restricted because of the exclusion of implementing acts in the case of the Regulation proposal and the potentially narrow interpretation of the notion of a decision in the case of the Model Rules.
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Anoraga, Surya. "HARMONISASI PERDA NOMOR 4 TAHUN 2011 TENTANG RTRW KOTA MALANG DENGAN PERUNDANG-UNDANGAN BIDANG LINGKUNGAN HIDUP." Jurnal Ilmiah Hukum LEGALITY 25, no. 2 (July 14, 2018): 232. http://dx.doi.org/10.22219/jihl.v25i2.6004.
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Law that positively regulates the imposition of civil sanctionx, administrative sanctions and criminal sanctions as regulated in Law Number 26 of 2007 on Spatial Planning and more on the local regulation Malang No. 4 of 2011 on Spatial Planning Malang Year 2010- 2030 (RTRW). Administrative and criminal sanctions as a sanction premium remedium while criminal sanctions as a sanction ultimum remedium. Former Act and regulation are still not meticulous in designing/forming. That is evidenced still weakness in some of the provisions in the legislation are still related to civil sanctions, administrative and ceiminal. The legislator has not been meticulous in making decisions RTRW. Hence it need for harmonization between laws and regulations both at the level of local regulations and at the level of the Act.
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Bigos, Joanna. "Zmienność (wymienność) form działania administracji publicznej." Opolskie Studia Administracyjno-Prawne 16, no. 1 (2) (September 13, 2019): 45–54. http://dx.doi.org/10.25167/osap.1127.
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The focal point of this paper is an analysis of instances of regulations that prescribe the variability (interchangeability) of legal forms of public administration’s actions. Therefore, it is a matter of special (if only because rarely occurring) cases, in which the multiformity of public administration’s activity results from the consent to accept alternative administration. The author’s intention is to present a multifaceted contemporary public administration in terms of indication and description of legal institutions, within which the legislator has introduced the possibility of choosing different forms of action by the authority, such as: the ability to issue a regulation, order or decision by the relevant authority if it proves necessary to restrict freedom and rights during the state of natural disaster, the exchangeability of an administrative decision and the administrative settlement and alternative use of administrative silence. The considerations concern the legal forms of actions on the part of public administration, because (for them) interchangeability of the forms of public administration’s actions is extremely rare and incidental, while looking at the actual (non-legal) forms of public administration allows seeing greater acceptance of the alternative behavior in the analyzed context. The reflections are supported by an attempt to answer questions about the reasons, variants and consequences of building legal regulations in a way that allows the legal forms of public administration’s action to change.
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Putrijanti, Aju. "The Competence of the Administrative Court and Administrative Justice." FIAT JUSTISIA:Jurnal Ilmu Hukum 14, no. 2 (April 29, 2020): 97. http://dx.doi.org/10.25041/fiatjustisia.v14no2.1890.
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Administrative Court is a specialized court under the Supreme Court with a role to settle the administrative disputes included staffing disputes. The legitimation of Law No. 30 of 2104 concerning Government Administration has brought a new paradigm in the governance framework. Also, the competence of the Court is broader than before. In Addition, some regulations give more competence to the Court. It is normative juridical research. It uses statute, conceptual approach to observed, analyzed and discussion on the issues. This research is to develop the relations between the competence of the Court and administrative justice. Based on the research, broader competence gives more opportunity to get access to justice.In conclusion, administrative justice has some meanings; first, it is the rights of an individual. Therefore, the government has to provide detail, clear information for any individual before issuing a decree based on the application, rights to claims and revision for any mistakes. Second, the defendant must obey and implement the judicial verdict. This obligation as an implementation of administrative justice and legal certainty for Plaintiff and obedience by the Defendant to the judge verdict. Third, administrative justice should be supported by the regulations by obeying the judge verdict. This is part of improving the quality of governance.
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Mohamed Ahmed Adam, Osama, and Khada El-Fadil Mohamed Hassan. "The Safety Regulations in Designing Administrative Buildings." FES Journal of Engineering Sciences 9, no. 3 (February 22, 2021): 40–44. http://dx.doi.org/10.52981/fjes.v9i3.694.
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The research dealt with the concept of safety in administrative buildings and dealt with design and deficiencies in meeting the requirements and procedures in administrative buildings, which lead to the failure to use the buildings with the required efficiency. The research also dealt with strengthening the stages of design decision-making with the necessary information based on scientific methods and improving design programs and planning administrative spaces to reach positive effects on the individual and the organization. The study is a continuation of previous studies on administrative buildings in the city of Khartoum and about achieving safety in society. The study is unique in its specialization in administrative buildings because of its connection with the vital sectors of society. The descriptive analytical approach that relies on studying the reality or phenomenon as it is in reality was used for the purpose of reaching the results of the study by designing a questionnaire and collecting data by selecting the research community from a random sample that included 50 individuals. The study targeted workers in the construction industry sector in the state of Khartoum Workers and engineers The statistical data were analyzed using the Statistical Package for Social Sciences (SPSS) program, and the chi-square test for independence and degree of freedom was measured. To test the validity of the study hypotheses. One of the most important results of the research is the commitment of engineers in the city of Khartoum to apply the principles and foundations of safety in designing administrative buildings based on their knowledge and guidance and the perception of workers in various administrative buildings of the concept of safety in their workplace. The study concluded that the administrative buildings in Khartoum have a good safety level for the administrative building. The most important recommendations of the study were summarized by the fact that society has a sensitivity to the concept of safety, due to insufficient knowledge of the reality of the safety concept, along with the need to work on raising the level of awareness of the engineers working in the construction.
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Hamdie, Akhmad Nikhrawi. "UKURAN KEABSAHAN KEPUTUSAN TATA USAHA NEGARA DALAM PERSPEKTIF HUKUM ADMINISTRASI." AS-SIYASAH: Jurnal Ilmu Sosial Dan Ilmu Politik 4, no. 1 (May 1, 2019): 26. http://dx.doi.org/10.31602/as.v4i1.2339.
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This study aims to determine the size of the decision of state business administrative legal perpectives. In connection with the above, a judge can set aside the lower norms that are the basis of the decision, in the sense that the judge can not use it as a measurement because it is considered contrary to higher regulations. Thus, the judge can apply the above regulation as a measurement tool for evaluating the disputed State Administrative Decree.Likewise also if after the judge collects the facts and then finds, tests and believes that the making of the State Administration Decree was made with bad ethics and morals and does not carry out the general principles of good governance, then the judge can cancel the Administrative Decree
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Pezzutti, Miguel. "Bases constitucionales del derecho administrativo uruguayo. / Constitutional bases of uruguayan administrative law." Revista Derecho Constitucional │Universidad Blas Pascal, no. 2 (September 13, 2021): 23–37. http://dx.doi.org/10.37767/2683-9016(2021)002.
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El artículo tiene por objetivo identificar los vínculos del Derecho Administrativo con el Derecho Constitucional en Uruguay, efectuando además algunas referencias comparativas con el Derecho Argentino. Enfoca en las raíces constitucionales de la Administración Pública en el Derecho Uruguayo basadas en la idea de centralidad de la persona humana. Analiza las fuentes del Derecho Administrativo reconocidas en el texto constitucional, así como importancia de los Principios Generales en la construcción de un sistema organizado y coherente. Con relación a la organización, se analiza la posición institucional del Poder Ejecutivo y las distintas formas de gestión administrativa, en particular las descentralizadas. Partiendo de los principios generales, se analiza la normativa relativa a la actividad administrativa y la importancia de los medios de defensa de las situaciones jurídicas de los particulares, así como las bases del servicio público.AbstractThe article aims to identify the links between Administrative Law and Constitutional Law in Uruguay, also making some comparative references with Argentine Law. It focuses on the constitutional roots of Public Administration in Uruguayan Law based on the idea of centrality of the human person. It analyzes the sources of Administrative Law recognized in the constitutional text, as well as the importance of the General Principles in the construction of an organized and coherent system. Regarding the organization, the institutional position of the Executive Branch and the diferent forms of administrative management, particularly decentralized ones, are analyzed. Starting from the general principles, the regulations relating to administrative activity and the importance of the means of defense of the legal situations of individuals are analyzed, as well as the bases of public service.
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Lamonov, Evgeniy. "Theoretical and legal aspects of trends in the development of legality and increasing efficiency in the executive authorities activities." Current Issues of the State and Law, no. 13 (2020): 34–45. http://dx.doi.org/10.20310/2587-9340-2020-4-13-34-45.
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The relevance of this study is that increasing the dynamics of the social and economic development of the state is impossible without effective public administration, which is largely associated with administrative and procedural legislation. We give a number of arguments justifying the positive role of administrative regulations adopted in the course of the administrative reform in the first decade of this century for the performance of public functions and the provision of public services in improving the efficiency of the executive bodies and their officials. This study also analyzes, on the basis of prosecutorial checks, the qualitative content of administrative regulations of the executive bodies of the Tambov region administration, which enshrines provisions that are not in accordance with applicable law: assignment to the applicant of an obligation not provided by law for the provision of documents not established by federal and regional legislation, as well as to be received in the framework of interagency information interaction; areas of reason for refusing to provide services that were different from the law were introduced. Based on the scientific and theoretical studies of foreign practice, we substantiated the need for the adoption of a federal law “On Administrative Procedures and Administrative Acts”, which would enshrine universal rules for the implementation of administrative procedures, the procedure for adopting administrative acts, and the general principles of administrative procedures that will guide all administrative authorities on the territory of the Russian Federation, which would contribute to the establishment of law and order in the field of public administration.
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Hwang Heeyoon. "Hidden Regulations in the Administrative Rules of Small and Medium Business Administration." Ajou Law Review 8, no. 3 (November 2014): 75–95. http://dx.doi.org/10.21589/ajlaw.2014.8.3.75.
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Sarıköse, Barış. "XIX. Yüzyıl Sonlarında ve XX. Yüzyıl Başlarında Ermenek’in İdarȋ Yapısı / Administration Structure of Ermenek at the end of XIX’th Century and at the Begining of XX’th Century." Journal of History Culture and Art Research 7, no. 3 (September 30, 2018): 700. http://dx.doi.org/10.7596/taksad.v7i3.1526.
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<p><strong>Abstract</strong></p><p>Ermenek which was located in Seljuk in the period of Turkey Seljuk State, took part in the border's of Karamanoğulları Principality after the collapsed fo Turkey Seljuk State. Ermenek and it's surroundings where connected to Ottoman State after Karamanoğulları Principality was ended by Ottoman State. Ermenek took part in İç-il Sanjak of Karaman Principality in the tahrir of 1530 in the period of Sultan Süleyman I. Ermenek has taken Karaman Principality for long centuries. New regulations were done about the administration of province of Ottoman State with 1864 and 1871 regulations in the XIX'th century. In context some new regulations were made about the administration of Ermenek which took part in İç-il Sanjak of Konya Province. İç-il liva which was connected to Konya Province before was connected to Adana Province. By means of this administration regulations from 1870's to beginning of XX'th centuries. Ermenek stayed connected to Adana Province. In the beginning of XX'th centuries Ermenek was reconnected to Konya Province. District council and municipality council had established depend on this administrative regulations. Thus people had the opportunity to participate in local government. New administrative units had established and a lot of civil servants had employed in this administrative units. Regulations had made in tax, population record, law and land register field according to new administrative of district in Ermenek. Some new administrative regulations had made on villages administrative status in this period. Ermenek's village structure at the end of XIX'th century had created the village's structure in the period of Republic.</p><p>In this research administrative regulations which were at the end of XX'th and the beginning of the XX'th century and new civil servants and administration units about administrative structure were according to the archival documents.</p><p><strong>Öz </strong></p><p>Türkiye Selçuklu Devleti döneminde Selçuklu sınırları içinde yer alan Ermenek, Türkiye Selçuklu Devleti’nin yıkılmasından sonra Karamanoğulları Beyliği sınırları içine girmiştir. Osmanlı Devleti’nin Karamanoğulları Beyliği’ne son vermesi ile Ermenek ve çevresi Osmanlı Devleti’ne bağlanmıştır. Ermenek, Kanuni Sultan Süleyman Dönemi’nde 1530’da yapılan tahrirlerde Karaman Eyaleti İç-il Livası sınırları içinde yer almaktadır. Ermenek, uzun asırlar Karaman Eyaleti sınırları içinde yer almıştır. XIX. yüzyılda Osmanlı Devleti’nin vilayet idaresinde 1864 ve 1871 nizamnȃmeleriyle yeni düzenlemeler yapılmıştır. Bu bağlamda Konya Vilayeti İç-il Livası sınırları içinde yer alan Ermenek’in idarȋ yapısında da birtakım değişiklikler yaşanmıştır. Daha önce Konya Vilayeti’ne bağlı olan İç-il Livası Adana Vilayeti’ne bağlanmıştır. Bu idarî düzenlemeler çerçevesinde Ermenek 1870’li yıllardan XX. yüzyıl başına kadar Adana Vilayeti’ne bağlı kalmıştır. Ermenek, XX. yüzyılın başında tekrar Konya Vilayeti’ne bağlanmıştır. İdarî düzenlemelere bağlı olarak Ermenek’te kaza idare meclisi ve belediye meclisi kurulmuştur. Böylelikle halkın yerel yönetime katılması yönünde önemli bir adım atılmıştır. Bu süreçte Ermenek’te yeni idarî birimler kurulmuş bu birimler de birçok yeni memur istihdam edilmiştir. Ermenek’te vergi, nüfus kaydı, hukuk ve tapu kaydı gibi alanlarda yeni vilayet idaresine göre düzenlemeler yapılmıştır. Bu dönemde Ermenek’e bağlı köylerin idarî durumlarında da birtakım idarî değişiklikler yapılmıştır. Ermenek’in XIX. yüzyıldaki köy yapısı Cumhuriyet dönemindeki köy yapısının temellerini oluşturmuştur.</p><p>Bu araştırmada Ermenek’in, XIX. yüzyıl sonlarında ve XX. yüzyıl başlarında geçirmiş olduğu idarî değişim ve idarî yapıda ortaya çıkan yeni birim ve memuriyetler arşiv belgelerine göre değerlendirilecektir.</p>
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Fejes, Erzsébet, and Iván Futó. "Artificial Intelligence in Public Administration – Supporting Administrative Decisions." Pénzügyi Szemle = Public Finance Quarterly 66, Special edition 2021/1 (2021): 23–51. http://dx.doi.org/10.35551/pfq_2021_s_1_2.
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Artificial intelligence (AI) is an increasingly popular concept, although it is often used only as a marketing tool to label activities that are very far from AI. The purpose of this article is to show what artificial intelligence (AI) tools - expert systems - can actually be used for administrative decision in public administration. The end of the administrative decision must be justified in detail according to the legal regulations. Expert systems do this. The other large group of AI tools, solutions based on machine learning, act as black boxes, mapping input data to output data, so the reason for the solution is unknown. Therefore, these tools are not suitable for direct, administrative decision, but can support office work with expert systems. In this article, we present the operation of expert systems through examples.
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Malik, Faissal, and Syawal Abdulajid. "Penerapan Sanksi Pidana Perda Pajak dan Retribusi Bidang Pendapatan di Kota Ternate." Jurnal Komunikasi Hukum (JKH) 7, no. 1 (February 2, 2021): 179. http://dx.doi.org/10.23887/jkh.v7i1.31468.
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The application of regional regulations in the field of Regional Taxes and Retribution in Ternate City has not yet been submitted to the Court with criminal convictions, but it is realized that the regional regulation enforcement officers have not fulfilled the tax obligations. Even so, violations of the Tax and Retribution Regional Regulations on administrative law sanctions are chosen to be enforced rather than criminal sanctions because administrative legal sanctions are more effective in their enforcement. Therefore, the formation of regional regulations on taxes and levies does not only pay attention to aspects of legal substance, but also aspects of structure and cultural aspects, in the form of the availability of regional law enforcement officers which in turn result in enforcement of regional regulations on taxes and levies so that criminal sanctions can be utilized to increase original income. Regional (PAD).
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Staniszewska, Lucyna. "Milczenie organów administracji jako instytucja materialnego i procesowego prawa administracyjnego." Studia Prawa Publicznego, no. 2(22) (June 15, 2019): 49–78. http://dx.doi.org/10.14746/spp.2018.2.22.3.
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The aim of the article is to examine the institution of “Silent settlement of the matter” regulated in the Code of Administrative Procedure, as well as in the provisions of substantive law. In a number of Polish laws, the inaction of the administration is seen as bound to have certain legal consequences. Such rules cause many doubts both at the theoretical and practical level, and raise questions about the antidote to such unwanted inactivity of administration. The general clause of positive or negative fictitious adjudication in administrative matters is present in many legal systems. However, in the Polish legal system it lacks a legal definition and the silent settlement handling of the case entails problems of its classification as part of the legal forms of administration. The article shows that the mere introduction of procedural regulations will not result in a breakthrough in the institution of silent positive settlement of the matter, if the legislator does not balance the types of cases to which silence can be applied. Undoubtedly, both substantive and procedural law rules for the regulation of silent settlement are necessary and indispensable. As for substantive law, it should be a well thought-out concept in which silence of administrative bodies in handling matters could be applied without affecting the public interest or the interests the applicant, or any other party to the proceedings. On the other hand, procedural regulations are to guarantee the protection of the rights administered against the inactivity or lack of action by administrative bodies, or lengthy and protracting proceedings. Therefore, the legislator should ensure a well-considered qualification of cases to be recognised in a simplified manner, as well as adopt specific provisions that give competence to administrative bodies to settle matters tacitly so that the institution accomplishes the intended objectives of administrative improvement, and at the same time does not violate the procedural rights and guarantees of the parties for whom silence has legal effects.
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Jian, Su. "Immediately Enact and Promulgate "Regulations on Administrative Reconsideration"." Chinese Law & Government 24, no. 3 (October 1991): 78–85. http://dx.doi.org/10.2753/clg0009-4609240378.
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Grigoryev, Victor N. "Criminal-procedural form or administrative regulations: Contemporary trends." Vestnik of Saint Petersburg University. Law 9, no. 1 (2018): 42–51. http://dx.doi.org/10.21638/11701/spbu14.2018.103.
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Mulyawan, Budy, Muhamad Ali Embi, and Sohirin Sohirin. "Juridical Review of Implementation of Immigration Administrative Action in Indonesia." Journal of Governance and Development (JGD), Number 2 (December 31, 2020): 19–39. http://dx.doi.org/10.32890/jgd2020.16.2.2.
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It has been nearly a decade since Indonesia had the latest Immigration Act (Law Number 6 of 2011). However, since the new Immigration Act was issued, the implementation of regulations for The Immigration Administrative Action has not yet been established. The purpose of this study is to determine the validity of the implementing regulations of the legislation if the legal basis had been changed and to find out whether the discretion principle can be used as the basis for the procedure of Immigration Administrative Action. The research method used in this study is normative juridical. The conclusion drawn from the research is that the Director General of Immigration Instructions for Implementation Number: F-314.Il.02.10 of 1995 concerning procedures for Immigration Action is still valid but is no longer relevant to the current law, and the use of discretionary authority by the agency Government administration officials can only be done in certain cases where the applicable laws and regulations do not regulate them or because existing regulations governing things are unclear and they are carried out in an emergency or urgent matter for the public interest.
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Krampuža, Ilga. "LEGAL INTERESTS OF THIRD PERSONS DURING THE VALIDITY OF THE CONSTRUCTION PERMIT." Latgale National Economy Research 1, no. 3 (June 23, 2011): 134. http://dx.doi.org/10.17770/lner2011vol1.3.1810.
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This article focuses its attention on the issues related to the problems, which emerge during the construction administrative process regarding the construction and the problems concerning legal interests of third persons in the construction administrative process. The problems regarding the legal disputes are identified. The article introduces proposals to improve the legal regulations concerning the construction process. Various aspects resolving disputes on construction according to legal regulation such as administrative legal disputes and civil rights legal disputes are analysed in this study.
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Bunga, Marten. "Tinjauan Hukum Terhadap Kompetensi Peradilan Tata Usaha Negara dalam Menyelesaikan Sengketa Tanah." Gorontalo Law Review 1, no. 1 (April 23, 2018): 39. http://dx.doi.org/10.32662/golrev.v1i1.155.
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The scope of land disputes that became the competence of the State Administrative Judicature according to the judicial principle adopted in Indonesia, the implementation of the Decision of the State Administrative Court in the settlement of land disputes.This research is conducted through normative legal approach (juridical normative), that is how law is utilized as an instrument to realize the application of land dispute resolution mechanism through authority to try State Administration Court. This research uses normative legal research type to identify and analyze legal factor which is an obstacle in the application of legislation, where this study refers to the laws and regulations on land and State Administration Judicature Law, court decisions and other legal materials.That the State Administration Dispute in the field of land arises because of a written stipulation issued by the State Administration or Administrative Officer containing State Administration law action which in accordance with the prevailing laws and regulations has been concrete, individual and final in the form of land certificate of ownership the right to land issued by the Government. Implementation of the Decision of State Administration which has been decided and has the force of law in practice raises a polemic in the community where the State Administration officials are not willing to carry out the decision of the Administrative Court of the State. This condition is caused because the State Administrative Court is not the executor (executor of the decision) but only as supervisor of the implementation of the decision, for all government actions in order not to violate the law and the role of legal protection for the community.
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Bimasakti, Muhammad Adiguna. "RENEWING THE LAW OF ADMINISTRATIVE COURT POST-REFORMATION IN THE ERA OF ELECTRONIC LITIGATION." Jurnal Hukum Peratun 3, no. 2 (March 5, 2021): 111–26. http://dx.doi.org/10.25216/peratun.322020.111-126.
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In the past decade there has been a massive reform in the Indonesian judiciary system, especially regarding State Administrative Court. As from the enactment of Law No. 14 of 2008 concerning Openness of Public Information, until the enactment of Law No. 9 of 2018 concerning Non-Tax State Revenues opened a tap that expands the competence/authority of the State Administrative Court so that not only the authority to adjudicate disputes regarding that of individual-concrete administrative decision (beschikking) but also the authority to adjudicate all types of administrative decisions as long as they are not statutory regulations, and also to adjudicate disputes regarding administrative factual-deed. Morover, within the enactment of Supreme Court Regulation No. 1 of 2019 also opened a new paradigm about Electronic Litigation. This paper will discuss the urgency of renewing the State Administrative Court Law in terms of expanding absolute competence, the implementation of Electronic Litigation, and also about synchronization with other laws and regulations. The method used in this paper is library research that is research that takes resources from relevant literature. In this paper it can be concluded that it is deemed necessary to reform the substance in the obsolete State Administrative Court Law.
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Ali, Muhammad, Ardilafiza Ardilafiza, and Jonny Simamora. "BENCHMARK FOR DETERMINATION OF FORCED MONEY IN EXECUTION OF STATE ADMINISTRATIVE COURT JUDGMENT." Bengkoelen Justice : Jurnal Ilmu Hukum 10, no. 1 (June 8, 2020): 40–53. http://dx.doi.org/10.33369/j_bengkoelenjust.v10i1.11353.
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The purpose of this research is to study about Benchmark Determination of the Administrative Court Decision Execution Forced In. Research methods used in this thesis is a research type normative and descriptive analytical research specifications, and approaches used, namely, the approach Law and approach cases. From the research we concluded that since when the claimant may apply for money of enforced at the time of the initial filing a lawsuit to the Administrative Court, for their money forced / Dwangsom in a decision of the State Administrative Court, it is motivated by a petition of Plaintiff in the lawsuit to beg loading money forced / Dwangsom Defendant if lost and wayward implement administrative court ruling, benchmark application is the amount of money forced the ruling stating Plaintiff granted, judgment and decision condemnatoir who has obtained permanent legal force. Because implementing administrative court ruling is always Agency / Administrative Officers are still active, more effective and efficient if the imposition of forced currency / dwangsom taken / deducted from salaries / allowances officials concerned each month. So it is not charged to the State finances forced money order imposing sanctions / dwangsom and administratively feasible, must be followed by concrete implementing regulations relating to money forced / dwangsom to sync with the Administrative Court Act and the Law on Government Administration.
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Wegner, Joanna. "Przyszłość form konsensualnych w postępowaniu administracyjnym." Studia Prawa Publicznego, no. 2(26) (June 15, 2019): 53–73. http://dx.doi.org/10.14746/spp.2019.2.26.2.
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The article presents the institution of an administrative agreement from the perspec-tive of legal solutions in force in selected European countries. The increase in the number and diversity of tasks performed by the administration and the multitude of conducted proceedings encourage the search for alternative forms of settling a case in relation to an administrative decision. The administrative agreement is one of them. The analysis of foreign regulations confirms that the institution in question belongs to the modern procedural laws. The scope of regulation varies, as do the individual solutions concerning the admissibility and mode of concluding the contract, its subject matter, the mechanisms for removing defects, the grounds for contestability of the contract and its enforceability. It turns out that in individual European orders two patterns of regulation dominate: French and German, although they are subject to significant modifications. The performance of certain public tasks by private parties on the basis of an administrative agreement provides for certain guarantees not only for the parties to the agreement but also for the beneficiaries of those tasks. This particular type of contract allows adequate protection of the public interest. The prevalence of the administrative agreement in Europe prompts the author to formulate a conclusion on the need to include this institution in the home system. The attempt made in the 2017 reform of the Administrative Procedure Code to include in it an administrative agreement was unsuccessful. The provisions on an administrative agreement that were then drafted were intended to give a deeper meaning to mediation, a new institution in administrative proceedings, which is currently not popular. Mediation was to precede the conclusion of an administrative agreement. However, there are no significant obstacles to returning to work on the regulation of this institution, which is so widely used in other European countries, and which is clearly lacking in its home Code
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Aspani, Budi. "EKSISTENSI PERADILAN TATA USAHA NEGARA DALAM PENYELENGGARAAN PEMERINTAHAN." Solusi 17, no. 2 (May 1, 2019): 114–21. http://dx.doi.org/10.36546/solusi.v17i2.172.
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Legal protection of citizens for acts committed by the authorities can be done through 3 (three) bodies, namely the State Administration Agency, through administrative efforts, the State Administrative Court, based on Undag - Law Number 5 of 1986, General Judiciary, through Article 1365 of the Civil Code. In an effort to approach the main problem in this study, the authors use the type of library research that is descriptive analysis, namely by conducting research on library materials, then carried out an analysis by referring to the laws and regulations in the fields related to the problem under study. After discussing the existing problems, it can be concluded that the authority or competence of the State Administrative Court Judge is to examine, decide upon and resolve the State Administration dispute between civil persons or legal entities as a result of the issuance of a State Administration Decree. The State Administration Decree issued by the State Administration Agency / Officer can be denied by submitting Administrative Efforts consisting of Administrative Objections and Appeals. Against Decisions Administrative efforts in the form of administrative objections and appeals can be filed with the State Administrative Court within a grace period of 90 (ninety) days from the date of receipt or announcement of the Decree of the State Administration Agency / Officer.
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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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Aritonang, Chandra. "HUKUM ADMINISTRASI NEGARA SEBAGAI HIMPUNAN PERATURAN-PERATURAN ISTIMEWA." to-ra 5, no. 1 (May 13, 2019): 37. http://dx.doi.org/10.33541/tora.v5i1.1196.
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Abstract
State Administration in every action must be based on law to solve and resolve the problem mentioned above or there is no law. The State Administration can be forced to use its authority to revoke regulations. Administration as a law maker in its application when related to legal systematics has caused controversial matters in essence State Administration is part of public law, so that all actions in the application based on its function are solely intended for and in the public interest, this is no different from the law State Administration, Criminal Law and Others. A situation can lead to deviations from the State administration of the systematics of law. Therefore the State Administrative Law as a set of special regulations.
Keywords: state administration; public law; special regulations.
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Pudelka, Jörg. "ADDITIONAL PROVISIONS TO ADMINISTRATIVE ACTS." Administrative law and process, no. 2(25) (2019): 108–17. http://dx.doi.org/10.17721/2227-796x.2019.2.07.
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Purpose. Preconditions for the enactment of an administrative act and the legal effects following from enactment of such an act are not always absolutely clear. The reason is life’s diversity and the related fact that in life it is impossible to plan everything in advance, therefore, it is also impossible to regulate each detail by law. In this context, there is the need to have certain flexibility in issues connected with the application of legal regulations (as part of the regulatory scope) and their impact (as part of the legal effects of the regulation). Methods. As concerns the regulatory scope, this is implemented by the use of indeterminate legal concepts (assessment). But in turn, the concepts shouldn’t breach the principle of the rule of law, and, at the same time, they must be clearly stated. In practice, this is achieved mainly through specifications by a long-term judicial practice which determines the relevant administrative practice. Results. As concerns legal effects, there are regulations providing for discretion and therefore ensuring the possibility for the administrative authority to select the appropriate addressee and means of action. In this context, the administrative authority may also choose whether or not to publish an administrative act with an additional provision. Such additional provisions include determination of the terms, conditions, instruction, a clause on revocability and clause on imposition or modification of an obligation. If the administrative act is published at the discretion of the executive authority, then the act may be extended by additional provisions at the appropriate discretion of the executive body. If the administrative act is not issued under the discretion of the executive body, additional provisions may be added if it is definitely permitted by law or if the additional provision is required only for ensuring the fulfillment of the legal preconditions for the enactment of an administrative act. Conclusions. The article covers the nature and preconditions for enacting additional provisions in administrative law.
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Harianto, Aries. "Does Religious Holiday Allowance Policy during Covid-19 Provide Legal Certainty?" Sriwijaya Law Review 5, no. 1 (January 31, 2021): 86. http://dx.doi.org/10.28946/slrev.vol5.iss1.673.pp86-100.
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The Circular Letter of the Minister of Manpower No. M/6/HI.00.01/V/2020 concerning the Implementation of Religious Holiday Allowance Payment (THR) of 2020 in Companies during Covid-19 Pandemic is a regulation expected to complete THR payment problems in this Pandemic situation. However, normatively, this regulation raises new legal issues. This regulation's provisions contradict the principle of legal certainty because it contradicts the laws and regulations above it. Under the juridical normative type of research, the results of this research found the emergence of legal consequences due to industrial relations disputes for employment relations actors if the agreement on THR Payment is not achieved. This research has also found that the Minister Circular Letter on THR Payment basically contradicted the principle of legal certainty because the status does not belong to the statutory regulations, meaning that it has no force to be applied as statutory regulations do. Based on the Statutory regulation, the minister Circular Letter's legal status only applies to internal institutions which issue and belongs to technical and administrative arrangements. Thus, legal action as research result recommended to the government is revoking the minister's circular letter on THR Payment.
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Mrożek, Jakub. "O właściwościach postępowania hybrydowego w regulacji ochrony konkurencji i konsumenta." Prawo 323 (December 29, 2017): 289–97. http://dx.doi.org/10.19195/0524-4544.323.26.
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Peculiarities of hybrid proceedings in the regulation of competition and consumer protection This article describes the issue of replacing administrative regulations with civil law regulations. This is amulti-faceted problem, so the paper will focus on the example of the so-called hybrid proceedings, pending before the President of the Office of Competition and Consumer Protection. In the article, a brief comparison of the hybrid proceedings approach to classical administrative proceedings was initially conducted, pointing out that there was considerable uncertainty about compliance with the Constitutional division of power. The analysis of the proceedings before the President of the OCCP was presented, because of its links with the Constitution, indicating the disfunctionality of that authority at the time of the appeal. In the final section, research proposals and proposed changes were introduced, which consisted entirely of abandoning the hybrid model to the classic administrative model.
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Kupita, Weda. "State Administrative Court as a Means to Realize Justice." SHS Web of Conferences 54 (2018): 03007. http://dx.doi.org/10.1051/shsconf/20185403007.
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The existence of 4 (four) kinds of judicial environment in the Judicial Authority in Indonesia, shows a judicial system adopted in Indonesia. the State Administration Judiciary is a apart of judicial power under the Supreme Court that examines cases relating to state administrative decisions. This article discusses the resolution of disputes as a result of the issuance of state administrative decisions in the state administrative court. This problem will be answered by using the legislation approach and case approach, with analysis using qualitative methods. To test a state administrative decision, a tool is needed to validate a state administrative decision. standard for testing the validity of the state administrative decisions in the examination at the state administrative court, are the laws and regulations and the general principles of good governance.
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Pravotorova, O. M. "FORMS OF ADMINISTRATIVE ACTIVITY OF PUBLIC ADMINISTRATION IN THE MECHANISM OF ADMINISTRATIVE LEGAL PROTECTION." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 123–27. http://dx.doi.org/10.15421/391970.
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Determined that the administrative-legal protection is an institution of administrative law, which consists of uniform rules of administrative law, whose legal influence is directed at the prevention of offenses (crime prevention) and the restoration of violated rights, freedoms and legitimate interests of individuals and legal entities through administrative tools: forms of administrative activity of public administration, administrative coercion and administrative procedures. It is determined that forms of administrative activity of public administration in the field of administrative and legal protection is a classic expression of their administrative activity in the implementation of executive and administrative activities and the provision of administrative services in order to restore or prevent violation of the rights, freedoms or legitimate interests of individuals and legal entities. At the same time, public administration entities can use the entire arsenal of forms of administration of public relations by public administration, namely the issuance of regulatory and individual administrative acts, the implementation of other legally significant actions and logistical operations. It has been found out that logistical operations to maintain and use public registers of property rights by the public administration provide for the prevention of most property rights violations, and restore the infringed property rights through the decisions of certain administrative commissions. It is emphasized that the instruments of public administrative activity include normative acts of public administration, administrative discretion in the activities of public administration and e-government. Public administration regulations differ from other acts in that they establish, modify or repeal rules of law - mandatory rules of conduct established and protected by the state. In performing its functions, the public administration in the exercise of administrative and legal protection has the opportunity to use all the most common forms of administration of public relations by the public administration, in particular, such as the issuance of regulatory and individual administrative acts, the implementation of other legally significant actions, logistical operations, etc.
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Gonçalves França, Lucylea. "Privatización (de la administración) = Privatization (of the administration)." EUNOMÍA. Revista en Cultura de la Legalidad 13 (September 29, 2017): 260. http://dx.doi.org/10.20318/eunomia.2017.3822.
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Resumen: Este artículo examina los recientes cambios en la actividad administrativa de los países cuyos mercados de servicios públicos han sido liberalizados en el nuevo marco de influencia neoliberal. Con la aparición de funciones públicas asociadas a la creciente extensión de las actividades económicas, los nuevos reglamentos se evaden de las exigencias tradicionales del régimen jurídico administrativo. La evolución del Estado social ha impulsado, también, una actividad administrativa global dirigida hacia los mercados liberalizados, que es responsable de difundirlos en nuevos entornos tras los procesos de privatización de servicios de interés general. En ese sentido, esa uniformización de normativas del Estado administrativo inicia la aplicación de métodos desarrollados para permitir el ejercicio eficaz de las prestaciones sociales y el derecho al acceso a la información al usuario. ¿Es posible y eficaz esa unificación para la mejora de los servicios de interés general? Esas prestaciones obtienen el reconocimiento de la responsabilidad estatal compleja en la medida en que exige averiguar el nivel de compromiso con el ciudadano, usuario de las prestaciones sociales. Ese análisis muestra la importancia de indagar cómo actúa el Estado de Brasil a la hora de evaluar los diferentes instrumentos jurídicos y materiales de las nueva administración pública global.Palabras clave: Derechos sociales, Regulación de servicios privatizados, Control PúblicoAbstract: This article analyses the recent changes in the administrative activity of countries whose public service markets have been liberalized under the new neoliberal framework. With the emergence of public functions associated with the increasing extension of economic activities, the new regulations evade the traditional requirements of the administrative legal regime. The evolution of the social state has also promoted a global administrative activity directed towards the liberalized markets, which is responsible for diffusing them into new environments after the processes of privatization of services of general interest. In this sense, this standardization of administrative state regulations starts the application of methods developed to allow the effective exercise of social benefits and the users´ right to access to information. Is it that unification possible and effective so as to improve the services of general economic interest? These benefits obtain the recognition of the complex state responsibility as far as it demands to ascertain the level of commitment to the citizens, who are users of the social benefits. This analysis shows the importance of investigating how the Republic of Brazil acts to assess the different legal and material instruments of the new global public administrations.Keywords: Social rights, Regulation of privatized service, Public Control.
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Kovač, Polonca. "Ethics of Officials in the Context of (Slovene) Good Administration." NISPAcee Journal of Public Administration and Policy 5, no. 1 (July 1, 2012): 23–53. http://dx.doi.org/10.2478/v10110-012-0002-3.
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Abstract The author discusses various aspects of ethical conduct, referring to both individual officials and the public administration as a whole, in the sense of good governance. She underlines that the main ethical challenge for officials (seen as executors of public tasks) is to be responsive to the needs of the society in any type of activity falling within the competence of administrative bodies, such as designing new regulations and deciding on specific administrative matters. Considering the significance of public administration for the development of the society, the foundations of ethical conduct of officials are largely defined already in administrative law. The work of the officials is not mechanistic but rather involves the creation of law - although at a purely instrumental level - and is therefore responsible and ethically determined. Officials fulfil their mission as long as they act lawfully within the scope of their powers and comprehend the purpose of law, which is to protect general social benefit and public interest, together with human or legally protected rights and individual interests. Within the limits of their powers and regulations, they are called to solve life issues. Thus, they contribute to democratic and effective administration. The paper provides an analysis of selected aspects, dilemmas and practices arising at the level of individuals and the Slovene administrative system as a whole, at the intersection between work ethics, administrative law and good public administration. In terms of legal principles and ethical codes, Slovenia is considered a rather successful European country; nevertheless, in order to raise general awareness and put the officials’ ethics in practice, a more proactive approach to governance and management is needed.
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Репело, В. В. "ON THE QUESTION OF DEFINITION OF THE CONCEPT OF ADMINISTRATIVE ACTIVITY OF THE STATE MIGRATION SERVICE OF UKRAINE." Juridical science, no. 1(103) (February 19, 2020): 230–36. http://dx.doi.org/10.32844/2222-5374-2020-103-1.27.
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The study analyzes the categorical apparatus related to the concept of administrative activity of the State Migration Service in Ukraine, namely the categories «administration», «public administration», «public administration», «administrativeactivity»andothers.Thedefinitionoftheconceptof«administration» in the encyclopedic literature, in particular in the Legal Encyclopedia, highlights the main features of the administration, public administration. The term «public administration» is analyzed, the positions on definition of this definition by researchers O. Shatylo are given), it is indicated that this term is used in two meanings (narrow and wide), the definitions of public administration of V. Averyanov, R. Kravtsova, S. Chernov are also given. A. Zelentsov’s position on the characteristic features of public administration that distinguish it from private administration is highlighted. The main attention is paid to the disclosure of the term «administrative activity», the definition is defined in the reference literature, namely in the Great Ukrainian Encyclopedia, the Encyclopedia of Modern Ukraine. It is emphasized that the administrative activities of public authorities are implemented through the powers vested in the state, and from the state they receive the right to perform administrative functions, such powers are defined exclusively in regulations of the state and its authorities. Positions on the definition of «administrative activity» by M. Ishchenko, E. Mishchuk, A. Sorochynsky, S. Petkov and L. Spytska are given. Based on the analysis of legislation, bylaws and scientific literature on administrative law, the definition of the concept of administrative activity of the State Migration Service of Ukraine is proposed.
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Alanzi, Awad Ali. "Saudi Procurement System and Regulations: Overview of Local and International Administrative Contracts." Laws 10, no. 2 (May 13, 2021): 37. http://dx.doi.org/10.3390/laws10020037.
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This research investigated the Saudi procurement system and regulations in the context of local and international administrative contracts. Mainly, Saudi Government Tenders and Procurement Law was investigated in more detail to understand basic rules and regulations of the bidding, selection process, and penalties in case of delay in the administrative contract process. Moreover, a matter of direct purchase was also investigated to understand the circumstances and conditions of a direct purchase. In addition, the international administrative contract was discussed to comprehend the nature and regulations of such contracts. A matter of arbitration was also investigated to know the arbitrator’s role and powers in case of a dispute in contracting and performing international administrative contracts outside the country. The arguments against arbitration were also deliberated to recognize the limitations of arbitration in the presence of local and foreign legislations. Overall, Saudi Government Tenders and Procurement Law is well-versed and organized in displaying all-important jurisdictions and matters regarding administrative contracts and the procurement system.
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Kunarti, Siti, Tedi Sudrajat, and Sri Wahyu Handayani. "Transformation of Social Security Administrative Body (BPJS) within Social Security Reform in Indonesia." SHS Web of Conferences 54 (2018): 03017. http://dx.doi.org/10.1051/shsconf/20185403017.
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Within the framework of sovereign country under the Constitution of 1945, the regulation concerning social security stated in Article 28H paragraph (3) and article 34 paragraph (2). Social security is also guaranteed under the Declaration of Human Rights Year1948 and confirmed in ILO Convention number 102 in 1952 that urge all countries to give maximum protection to labors. As continuation of those regulations, a national system of social security has been formed to result integrated and vast social protection. Transformation of labor security from JAMSOSTEK (Social Protection for Labors), ASKES (Health Insurance) to a mergence called BPJS (Social Security Administrative Body) has been a reforming step that gives legal implication to the rights and responsibility of its stakeholders. The policy of social security system, then demanded that the body is divided into two main different tasks: Health Security Administrative Body (BPJS Kesehatan), Labor Security Administrative Body (BPJS Ketenagakerjaan). This distinction leads to the conversion of membership, programs, asset, liability, workers, right, responsibilities, as well as the addition of a new program called pension security, especially within the framework of Labor Security Administrative Body. This is, in short, to pursue an integrated and inclusive administration of social security.
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Mazur, Oleksandr. "Regulatory and legal basis of electronic governance for modernization of administrative processes in public authorities of Ukraine." Public administration and local government 45, no. 2 (July 23, 2020): 45–56. http://dx.doi.org/10.33287/102018.
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In the article, we understand the term «administrative process» as the statutory procedure for public administration. The author considers the legal framework for introducing e-governance according to modernizing the activities of public administration, which are the main stages of administrative processes. The author believes the implementation of information and communication technologies is an important area for achieving greater efficiency of public administration.
The purpose of the article is to conduct a retrospective review and systematization of regulatory and legal support of Ukraine on the implementation of e-governance aimed at modernizing the administrative processes taking place in public administration.
The author examines the regulations on informatization, e-governance and digital transformation in terms of the main stages of administrative processes, namely: task definition; preparation for management decisions; decision making; bringing it to the recipients and organization of execution; control over the implementation of the decisions.
The author concludes that since the proclamation of Ukraine’s independence in 1991 to the present in regulations on the introduction of information and communication technologies in public administration areas of public policy in the field of informatization and e-governance have significantly changed the administrative processes in public administration bodies. The author states that at the first stages of informatization of public administration in regulatory and legal support the greatest attention in the introduction of information and communication technologies was paid to the main stages of administrative processes. According to the author, the basic principles of information society development in Ukraine, with their focus on citizen participation in governance, have influenced all the main stages of administrative processes. To support, the author systematizes the main stages of information systems used in public administration, namely: information systems for statistical presentation of information are introduced for the stage of «task definition»; information-analytical systems are introduced for the stages «preparation for management decision-making» and «decision-making»; for the stages of «bringing it to the addressees of the decision», «organization of execution» and «control of execution of decisions» electronic document management systems are introduced.
In the course of the analysis, the author finds out that the activities of public administration bodies such as «disclosure and access to public information» and «public services providing» in which administrative processes take place have become important. According to the author, the active phase of rule-making support of e-governance shows that the main focus is on providing administrative services in electronic form through web portals and mobile Internet services.
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Kułak-Krzysiak, Katarzyna. "Mediacja jako sposób dochodzenia praw w postępowaniu administracyjnym i sądowoadministracyjnym." Opolskie Studia Administracyjno-Prawne 17, no. 1 (November 15, 2019): 125–39. http://dx.doi.org/10.25167/osap.1499.
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The article presents mediation as the basic method of alternative dispute resolution (the so-called ADR), used to resolve conflicts in administrative and judicial-administrative proceedings, and analyses legal regulations regarding mediation in administrative and court-administrative cases. The summary draws attention to the similarities and differences between administrative mediation and court-administrative mediation.
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Holobutovskyi, Roman. "PUBLIC SERVICE OF JUDGES IN UKRAINE: ADMINISTRATIVE AND LEGAL REGULATION." Law Journal of Donbass 76, no. 3 (2021): 77–83. http://dx.doi.org/10.32366/2523-4269-2021-76-3-77-83.
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The article examines the problems of administrative and legal regulation of the service of judges in Ukraine. The legislation on public service in the judiciary has been studied. It is determined that public service in the judicial bodies of Ukraine is a complex state-legal and social institution, which covers the formation of administrative, procedural and socio-psychological foundations of employees in the courts; construction and legal description of the hierarchy of positions; identification, selection, training, development, promotion, evaluation, promotion and responsibility of public servants. That is, this service exists in order to exercise the powers of an employee in court in a constructive and effective methods. Based on the analysis of the main provisions of regulations governing the organizational and legal framework of the civil service, the content of administrative and legal regulation of the public service of judges in Ukraine is clarified. It is determined that despite the legislative consolidation of the order of service in the judiciary, today remains unresolved a number of problematic issues, which include the following: features of public service in court, special requirements for skills and qualifications of court staff compared to other employees, and there is also no list of positions of the court staff that must be attributed to the public service. The author's definition of the term «administrative and legal regulation of judicial activity» is formulated. It is proposed to understand the activity of the state, which consists in the implementation of state-authoritative, normative-organizational, purposeful influence of funds on public relations, arising during the performance of courts assigned to them, which are implemented through a set of administrative law. Conclusions on the current state of administrative and legal regulation of the public service of judges in Ukraine have been formed. It is determined that the conduct of public service by judges is associated with the implementation of a specific in its meaning and content function - the administration of justice. Administrative and legal regulation of the public service reflects the objective principles and normative enshrinement of rules and administrative procedures that ensure the procedure for selection, appointment, passage and termination of public service by judges. Further scientific investigations require the status of judges' implementation of administrative and legal status.
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Olaniyi, Eunice O., and Gunnar Prause. "Seca Regulatory Impact Assessment: Administrative Burden Costs in the Baltic Sea Region." Transport and Telecommunication Journal 20, no. 1 (February 1, 2019): 62–73. http://dx.doi.org/10.2478/ttj-2019-0006.
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Abstract After three years of 0.1% Sulphur limit of the Sulphur Emission Control Area (SECA) enforcement, empirical results have shown that the fears that SECA regulation would be a disadvantage for the Baltic Sea maritime sector are unfounded. Results have also shown commendable compliance rate and improved environmental conditions for the BSR. Nonetheless, there is still a need to clear the air regarding the costs information obligations that are required from maritime actors regarding their compliance activities. These activities are arguably obviously needful but could also lead to an unintended increase of costs of regulations. Using a BSR-wide survey and case studies, the paper identified SECA information obligations related to the shipowners from shipping line whose vessels ply the SECA waters. The authors further evaluated the costs of the administrative burden related to these tasks. The results show that the administrative burden for SECA regulations is different for shipowners and maritime authorities.
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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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Cankar, Stanka Setnikar, and Veronika Petkovsek. "The Reduction Of Administrative Burdens And Its Impact On The Competitiveness Of Business." International Business & Economics Research Journal (IBER) 10, no. 11 (October 27, 2011): 71. http://dx.doi.org/10.19030/iber.v10i11.6407.
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This paper focuses on the reduction of administrative burdens in Slovenia and how these actions can influence the competitiveness of business. The aim of the paper is to study and analyse the current situation in the field of Slovenian regulations and the disadvantages of the regulations for businesses, to study the possibilities for reducing administrative burdens in Slovenia and to analyse the influence of cross-border cooperation on the reduction of administrative burdens. The paper first describes the regulations and their impact on the competitiveness of business using the data from different international studies that include business environment and competitiveness and by using the results of the research carried out in Slovenia on defining the most burdensome areas of legislation. The paper continues by discussing the reduction of administrative burdens, where the Programme for the Elimination of Administrative Barriers and the Reduction of Administrative Burdens by 25% by 2012 is introduced. The third part of the paper describes the possible connection between the reduction of administrative burdens and cross-border cooperation by introducing the results of a cross-national empirical survey of the current situation and future potentials of cross-border cooperation in the Alps-Adriatic region. At the end, the paper gives some conclusions on the reduction of administrative burdens and the resulting impact on business competitiveness in Slovenia.
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Asimow, Michael, Gabriel Bocksang Hola, Marie Cirotteau, Yoav Dotan, and Thomas Perroud. "Between the Agency and the Court: Ex Ante Review of Regulations." American Journal of Comparative Law 68, no. 2 (June 2020): 332–75. http://dx.doi.org/10.1093/ajcl/avaa016.
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Abstract Administrative regulations are an important tool of modern government, but their legitimacy is often questioned since they are adopted by the executive branch rather than the legislature. Judicial review of the legality of regulations is necessary but not sufficient as an accountability mechanism because judicial review is subject to many practical and legal shortcomings, especially including its high cost. Consequently, the vast majority of regulations are never subject to judicial review, which creates an accountability deficit. This deficit can be remedied through ex ante administrative review of the legality of regulations by an executive branch agency that is independent of the adopting agency. This Article evaluates executive branch ex ante legality review schemes in California, Chile, Israel, and France. Although these regulatory review schemes vary greatly, each of them scrutinizes the substantive and procedural legality of regulations (as distinguished from their economic or environmental effect or their political acceptability). This review takes place before the regulations are judicially reviewed and before they become effective. Ex ante administrative review can compensate for the failings of judicial review, promote the rule of law, and enhance the legitimacy of the regulatory process.
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Małecki, Witold. "Współczesne reminiscencje absolutystycznego modelu policji administracyjnej." Przegląd Prawa i Administracji 106 (December 13, 2016): 95–105. http://dx.doi.org/10.19195/0137-1134.106.10.
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CONTEMPORARY REMINISCENCES OF THE ABSOLUTIST MODEL OF ADMINISTRATIVE POLICE The absolutist model of administrative police, perceived as a sphere of the activity of public authority, is based on two pillars. The material pillar concerns the purpose of police activity, which is to achieve overall prosperity including the prosperity individuals, in the shape specified by the monarch. The formal pillar concentrates on ius politiae — the general authorization of the monarch to perform each forcible interference in the sphere of the rights of the subject, intended to achieve overall and individual prosperity. Contemporary institution of forced evacuation corresponds to the material pillar of the absolutist model of administrative police, as it allows public authority to evacuate an individual in case of threat for their life, even despite the opposition of the individual. The institution of order regulations seems to be a contemporary reminiscence of ius politiae. In the form of order regulations the organs of public administration, using a general competence, are entitled to establish legal norms, the content of which is not specified in the statute.
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Rusjana, Muhamad. "FUNGSI PENGAWASAN PERADILAN TATA USAHA NEGARA TERHADAP PERBUATAN PEMERINTAH PASCA UNDANG-UNDANG NOMOR 30 TAHUN 2014 TENTANG ADMINISTRASI PEMERINTAHAN." PRANATA HUKUM 14, no. 2 (July 31, 2019): 157–64. http://dx.doi.org/10.36448/pranatahukum.v14i2.83.
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The Administrative Court in the Indonesian Law State is one manifestation of the function supervision by the judicial authorities on the actions of the government. The function of supervision or adjudication of the Administrative Court is to examine, decide and resolve Administrative disputes. The Regulations of administrative law Number 30 of 2014 concerning Government Administration has implications for the expansion of the competence the Administrative Court. The presence of this expansion certainly leads a changes, one of them is the function supervision of the Administrative Court. Based on this research, there is an expansion in the supervisory function of the Administrative Courts including: 1) the function of the consultation in section 21 of the Act, the Administrative Court is authorized to accept, examine and decide to settlement misappropriation authority by government; 2) judicial functions in section 53 and 87 of the Act, the Administrative Court has the authority to receive, examine and decide upon applications for receipt of applications to obtain decisions and/or actions of government or authority.