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Journal articles on the topic 'Enforcement proceedings in administration'
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1
Jaworski, Bogdan. "GENERAL PRINCIPLES OF ENFORCEMENT PROCEEDINGS IN ADMINISTRATION." Roczniki Administracji i Prawa 1, no. XXIV (2024): 175–92. http://dx.doi.org/10.5604/01.3001.0054.4689.
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Numerous general principles are used in administrative enforcement proceedings, which mainly take a directival form. In the study, research has been focused on the description and analysis relating to general rules of law, principles of administrative law and principles of administrative procedure used in enforcement proceedings. However, special attention was paid to the general principles having their source in the Law of June 17, 1966, on Administrative Enforcement Proceedings.The aim of this research is an attempt to synthesize these principles and show their role in involuntary proceeding. When starting the research, a research hypothesis was put forward, which assumes that the application of general principles in enforcement proceedings in administration guarantees their correct course, and the principles themselves are a set of norms shaped mainly by legal provisions. The analyses carried out allowed to confirm the thesis and to identify a number of de lege ferenda conclusions, indicating the need to revise some rules. First of all, attention was drawn to the lack of terminological consistency regarding the general principles of enforcement proceedings. Further attention was paid to the need for legislative changes regarding the formation of the principle of conducting enforcement in a manner least burdensome for the obliged, which in the author’s opinion is too general. Another conclusion is the demand for a revision of the provisions of Articles 8 to 10 of the Law on Administrative Enforcement Proceedings. These provisions, which are a manifestation of the principle of respect for the minimum subsistence, are outdated and do not reflect the current situation, especially of farmers.
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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 (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.
3
Kożuch, Piotr. "Najnowsze zmiany ustawy o postępowaniu egzekucyjnym w administracji." Studia Prawa Publicznego, no. 2(14) (December 4, 2019): 121–45. http://dx.doi.org/10.14746/spp.2016.2.14.5.
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The Act on Administrative Enforcement Proceedings was adopted on 17 June 1966. The Act constitutes the basis of enforcement proceedings in administration and has been in force for the last fifty years. Despite many political and socio-economic changes during that period, the national legislature decided not to introduce any new legislation but simply modify the existing regulations. This study aims to describe and explain the amendments to the law on administrative proceedings which came into force on 1 January 2016. These amendments are connected with the solutions worked out in the model structures of tax administration organisations resulting from the enactment of the Act on Tax Administration of 10 July 2015 and require extensive discussion as they change the essential components of the procedure i.e. initiation of enforcement proceedings by creditors, exclusion of the Minister of Finance from the jurisdiction in the second instance in individual cases of enforcement procedure, the possibility of authorising local governments own organisational units to exercise the rights and obligations of the creditor and the enforcement authority, postponement of enforcement proceedings or enforcement actions, mandatory elements of an administrative enforcement title, the procedure adopted by an enforcement authority at the stage of examining the admissibility of an enforcement order, information rights of the enforcement authority, recognition of complaints regarding enforcement actions (general and connected with applying a specific enforcement measure) as well as the excessive length of proceedings and elimination of enforcement costs if creditors are tax offices or customs chambers.
4
Kożuch, Piotr. "Najnowsze zmiany ustawy o postępowaniu egzekucyjnym w administracji." Studia Prawa Publicznego, no. 2(14) (September 24, 2018): 121–45. http://dx.doi.org/10.14746/stpp.2016.2.14.5.
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The Act on Administrative Enforcement Proceedings was adopted on 17 June 1966. The Act constitutes the basis of enforcement proceedings in administration and has been in force for the last fifty years. Despite many political and socio-economic changes during that period, the national legislature decided not to introduce any new legislation but simply modify the existing regulations. This study aims to describe and explain the amendments to the law on administrative proceedings which came into force on 1 January 2016. These amendments are connected with the solutions worked out in the model structures of tax administration organisations resulting from the enactment of the Act on Tax Administration of 10 July 2015 and require extensive discussion as they change the essential components of the procedure i.e. initiation of enforcement proceedings by creditors, exclusion of the Minister of Finance from the jurisdiction in the second instance in individual cases of enforcement procedure, the possibility of authorising local governments own organisational units to exercise the rights and obligations of the creditor and the enforcement authority, postponement of enforcement proceedings or enforcement actions, mandatory elements of an administrative enforcement title, the procedure adopted by an enforcement authority at the stage of examining the admissibility of an enforcement order, information rights of the enforcement authority, recognition of complaints regarding enforcement actions (general and connected with applying a specific enforcement measure) as well as the excessive length of proceedings and elimination of enforcement costs if creditors are tax offices or customs chambers.
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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.
6
Radwanowicz-Wanczewska, Joanna, and Nicola Fortunato. "Non-ruling forms of activity of public administration in administrative enforcement proceedings." Białostockie Studia Prawnicze 26, no. 5 (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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Rogowska, Beata, and Bartosz Żmuda. "The impact of the rules of administrative enforcement proceedings on the protection of the rights of the obligated in administrative enforcement proceedings." Gubernaculum et Administratio 28, no. 2 (2023): 237–54. http://dx.doi.org/10.16926/gea.2023.02.15.
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The article attempts to show the impact of the rules of enforcement proceedings in administration on the protection of the rights of the obligated in the administrative enforcement procedure. Of the three groups of rules characteristic to administrative enforcement, the focus was on those contained in the Act on enforcement proceedings in administration. The rules play an important role in the course of enforcement proceedings, especially in relation to the protection of the legal situation of the obligor. They constitute the statutory basis for encroaching on the sphere of rights and freedoms of an individual in accordance with the purpose of enforcement. Attention was also drawn to the role of the debtor as the basic and most important subject of enforcement proceedings in the administration and to the fact that during the enforcement procedure there is interference in the sphere of rights and freedoms of the individual. Forced enforcement may not cause excessive pain to the obligor, which seems particularly important in the context of issues such as rising inflation, the energy crisis or the socio-economic situation caused by the covid-19 pandemic. The article uses research methods such as normative and institutional analysis, the method of analyzing documents and legal acts currently in force.
8
Muzyczka, Karolina. "Powers of a party in administrative enforcement proceedings." Zeszyty Naukowe Państwowej Wyższej Szkoły Zawodowej im. Witelona w Legnicy 3, no. 40 (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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Kamieński, Grzegorz. "Egzekucja na podstawie orzeczenia sądu wydanego na skutek rozpoznania skargi pauliańskiej – zagadnienia wybrane." Przegląd Prawa Egzekucyjnego 2024, no. 3 (2024): 103–28. http://dx.doi.org/10.62627/ppe.2024.023.
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On June 16, 2021, the Supreme Court, composed of seven judges, issued an extremely important resolution (III CZP 60/19, OSNC 2021 No. 10, item 62, p. 19), which the subject was to resolve the issue concerning the position of the paulian creditor, for which there was a ban on selling or encumbering the property, which had a significant impact on judicial enforcement, because a pauliana creditor who has a legally binding judgment with an enforceability clause may attach join the ongoing enforcement proceedings or take part in the division of the sum resulting from the enforcement proceedings execution. At the same time, by amending the Act amending the Act on enforcement proceedings in administration and certain other acts, the legislator introduced new solutions, including: in the scope of satisfying the property benefits obtained as a result of a legal action to the detriment of the creditor. The author analyzes the above changes, which significantly affect the position of the pauliana creditor and at the same time introduce changes in this respect, both in judicial enforcement and administrative enforcement. Keywords: administrative enforcement, act on enforcement proceedings in administration, actio pauliana, creditor pauliana, harm to creditors
10
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.
11
Dąbrowski, Tomasz. "Administration of an attached property in court enforcement proceedings." Nieruchomości@ IV, no. IV (2021): 93–106. http://dx.doi.org/10.5604/01.3001.0015.5418.
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Jagieła, Józef. "Zbieg egzekucji i zabezpieczenia roszczeń." Przegląd Prawa Egzekucyjnego 2024, no. 3 (2024): 7–34. http://dx.doi.org/10.62627/ppe.2024.019.
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The confluence of enforcement proceedings and injunctive relief, as well as the confluence of injunctive relief in civil proceedings have not been regulated in principal. As there are more and more problems arising at the confluence of enforcement proceedings and injunction reliefs, the act of 9 March 2023 on amendments to the act on enforcement proceedings in public administration and certain other acts (Journal of Laws No 2023.556, as amended) regulates the confluence of administrative enforcement proceedings and injunctive relief, the confluence of administrative security and judicial enforcement proceedings (Art. 775 of the Code of Civil Procedure), and the confluence of judicial enforcement proceedings involving injunction relief and injunction reliefs (Art. 773(1) § 3(1), § 3(2) of the Code of Civil Procedure). This article discusses the regulations set out in the act to the extent specified herein, as well as related interpretation problems as a result of which various solutions at the confluence of enforcement proceedings and injunction relief and the confluence of different securities are likely to be applied. The comments are not limited to the discussion of problematic issues, but included proposals of rational solutions, as well.
13
Dalkowska, Anna. "Legal succession of property-related obligations in administrative enforcement proceedings." Nieruchomości@ : kwartalnik Ministerstwa Sprawiedliwości II, no. II (2021): 7–25. http://dx.doi.org/10.5604/01.3001.0014.9264.
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Legal succession of property-related obligations in administrative enforcement proceedings is a key issue for the protection of the public interest. Coercive enforcement measures directed against the obliged entity, in accordance with the content of the enforceable title, serve the purpose of compulsory performance of the obligation. A change or transformation of the addressee of an obligation while maintaining the identity of the enforcement case and the content of the enforcement relationship determines the legal situation of the parties to the enforcement proceedings, i.e. the obliged entity, its successor, the public-law creditor, the enforcement authorities and other participants to the proceedings. The property-related nature of the obligation implies the consequences of the enforcement transformation in a specific way, i.e. both at the procedural and substantive-law levels, leading to a joint and several liability of the obliged parties and their co-participation in enforcement proceedings. The statutory regulation laid down in Article 28a of the Act on Enforcement Proceedings in Administration is not sufficient, therefore, legal scholars’ writings, court rulings and practice play an important role this matter.
14
Majczak, Paweł. "Doubts of interpretation and judicial divergences in the area of administrative enforcement proceedings as factors leading to a crisis of public administration." Studia Administracji i Bezpieczeństwa 13, no. 13 (2023): 99–120. http://dx.doi.org/10.5604/01.3001.0016.2887.
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Administrative enforcement proceedings are included in the group of executive procedures. Its course is influenced both by the provisions of the Act on enforcement proceedings in administration and by specific provisions. Both of them raise a number of interpretative doubts, leading to discrepancies in jurisprudence and, as a result, possibly causing a crisis in public administration. Attempts to improve the quality of enforcement procedure standards are made on an ongoing basis. First of all, through the amendment of regulations, the resolution activity of administrative courts and doctrinal discussions. This study shows examples of unclear legal solutions and presents various variants of their understanding.
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Broński, Włodzimierz, Damian Bara, Marek Dąbrowski, and Piotr Sławicki. "Mediation in Penal Enforcement Proceedings de lege lata." Studia Iuridica Lublinensia 32, no. 2 (2023): 57–72. http://dx.doi.org/10.17951/sil.2023.32.2.57-72.
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The purpose of the article is to provide a dogmatic analysis of the current regulations on mediation in penitentiary proceedings in the context of its practical functioning in penitentiary units within the territory of the Regional Inspectorate of the Prison Service in Lublin. The current legal solutions are incorrect and require significant modification. This is supported by significant doubts as to the interpretation of the law and practice related to the regulation in question. Furthermore, they do not sufficiently implement acts of international law. This article consists of four parts. The first part presents the essence of mediation in penitentiary proceedings. Next, the legal nature of the mediation settlement agreement concluded in these proceedings and the international legal acts on restorative justice at the stage of serving a sentence are discussed. The last part describes the practice of applying mediation at the Regional Inspectorate of the Prison Service in Lublin.
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Majer, Tomasz Tadeusz. "Zaskarżalność rozstrzygnięcia o zwrocie zobowiązanemu kosztów egzekucyjnych w postępowaniu egzekucyjnym w administracji." Radca Prawny, no. 1 (39) (September 11, 2024): 25–37. http://dx.doi.org/10.4467/23921943rp.24.014.20168.
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One of the consequences of entering the Act of July 4, 2019, amending the Act on enforcement proceedings in administration and certain other acts into force, was the supplementation of the Act of June 17, 1966, on enforcement proceedings in administration with Art. 64cd. The new provision was an extension of the previous regulation contained in Art. 64c § 3 of the Act on the possibility of reimbursement of enforcement costs. This regulation also covered the procedure for appealing against a decision on reimbursing enforcement costs to the obligated party. It also specifies the principles for appealing against a separate decision on charging a creditor with enforcement costs reimbursed to the obligated party. The wording of the provision may raise doubts regarding the determination of the circle of entities that may challenge decisions on the reimbursement of enforcement costs to the obligated party. The purpose of this article was, first of all, to discuss the current procedure for reimbursement of enforcement costs, as well as to demonstrate the linguistic interpretation of Art. 64cd of the Act on Enforcement Procedure. The author put forward the thesis that in the case of a decision to refund or refuse to refund the costs of enforcement proceedings. Although the legislator did not limit the category of entities entitled to file a complaint, this right may only be assigned to the beneficiary of the refund, the obligated party or the creditor, respectively.
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Łazarska, Aneta. "Przywileje egzekucyjne dłużnika prowadzącego działalność gospodarczą." Przegląd Prawa Egzekucyjnego 2022, no. 5 (2022): 5–26. https://doi.org/10.62627/ppe.2022.017.
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The purpose of the article is to describe mechanisms that grant privileges in enforcement proceedings to a debtor who performs a business activity. Enforcement against an entrepreneur certainly constitutes an interference with a special area of liberty of debtor’s business activity. It results in numerous complications, as a debtor is deprived of the possibility to continue conducting a business activity and of his earning capacity; sometimes, it may lead to depriving a debtor of basic tools or chattel that are necessary for the operation of his enterprise. A special method of enforcement is compulsory administration or the sales of an enterprise itself. In addition to this mechanism, the Code of Civil Proceedings provides for the procedure of excluding a thing from enforcement (art. 1061 CCP), which offers an option to balance interests of both parties with regard to exempting a thing from enforcement. In addition, a court should take into account the nature of a conducted business activity. However, as practical experience indicates, this is not an optimal procedure. A prohibition of oppressive enforcement should protect a debtor who carries on a business activity. A bailiff, in addition to objectives of effective enforcement, should take into account a specific nature of a business activity of a debtor, so that the applied method of enforcement enables a debtor to continue his business activity. A debtor should cooperate in this respect, by submitting relevant explanations and a list of property, in which he discloses a special importance of individual assets of his property for his business activity. A debtor may also apply for suspending enforcement proceedings. The analysis of the discussed regulations indicates that in the Code of Civil Proceedings the protection of interests of a debtor who conducts a business activity should be implemented in a proportional manner and certainly with respect for the protection of a creditor. Keywords: a debtor who carries on a business activity, exemption of things from enforcement, prohibition of oppressive enforcement, excluding tools from enforcement, excluding money from enforcement, compulsory administration, protection of creditor, enforcement privilege
18
Bakurova, N. N. "The Role of Enforcement Proceedings in Ensuring National Security." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 11 (2023): 60–69. http://dx.doi.org/10.17803/2311-5998.2022.99.11.060-069.
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The article examines the role of enforcement proceedings as a legal phenomenon in ensuring national security. The author considers it, firstly, as a legal means of ensuring national security in general, at the same time and mainly as a tool for ensuring a specific decision of an authority, an official in relation to a single citizen, organization. This proves the importance of the role of enforcement in ensuring human and civil rights as the highest value, authoritative publicly significant decisions on the scale of the entire state. The author explains the necessity of enforcement proceedings, the existence of the institution of enforcement by the presence of the state, comes to the conclusion that as long as the state exists, it will need tools for the enforcement of power decisions. According to the author, enforcement proceedings are a means of ensuring the national security of the Russian Federation.At the same time, the author also claims that enforcement proceedings are one of such means, since the national security of the state is a complex, systemic, collective phenomenon, provided by various public authorities, public administration, including, above all, executive authorities. Considering the national security of the state from the point of view of the state of protection of national interests from internal and external threats, of course, the author takes into account the multidimensional nature of such interests.This also allows us to come to the conclusion that, in essence, the latter represent values in various areas of public relations, the features of which need special tools, including in the form of enforcement proceedings, and which are used only in the case of protection of legal values. Thus, enforcement proceedings are on guard to ensure the national security of the state in the economic, socio-cultural, administrative and political spheres of society and the state.
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Majczak, Paweł. "Compulsory enforcement of the fee for the transformation of the perpetual usufruct right into ownership of real estate." Nieruchomości@ I (March 31, 2024): 53–71. http://dx.doi.org/10.5604/01.3001.0054.3969.
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In the Polish legal system, there are two ways of compulsory enforcement of obligations. It takes place either in administrative enforcement proceedings, which have no connection with the administration of justice, or in judicial enforcement proceedings, which are part of civil proceedings, ultimately determining the fulfilment by the courts of their respective judicial functions. Those proceedings are separate and independent of each other. Sometimes the obligation meets the conditions for administrative and judicial enforcement at the same time. Such an example is the fee for the transformation of perpetual usufruct into ownership. It has a civil law character, results from the operation of law or from an administrative decision, and a special provision does not specify the way of its enforcement. There is a convergence of criteria distinguishing between administrative and judicial enforcement.Currently, there is no doubt that the compulsory recovery of the transformation fee resulting from an administrative decision takes place in the mode of administrative enforcement, despite the civil law nature of this fee. Uncertainty arises as to the method of enforcement if the fee arises by operation of law. There are both sentences in favour of the admissibility of administrative enforcement and dissenting opinions favouring the admissibility of compulsory recovery of the fee in question by way of judicial enforcement.The aim of the article is to indicate the decisive criterion demarcating the path of administrative and judicial enforcement and to determine the method of enforcement of the fee for the transformation of the perpetual usufruct right into ownership. The work uses a formal-dogmatic method of work.
20
Krakowiak, Michał. "Teleinformatyczne poszukiwanie majątku dłużnika i jego zajęcie w egzekucji świadczeń pieniężnych na przykładzie włoskiego prawa egzekucyjnego." Przegląd Prawa Egzekucyjnego 2022, no. 10 (2022): 5–24. http://dx.doi.org/10.62627/ppe.2022.037.
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Efficiency of court enforcement carried out in order to fulfil monetary claims depends on whether an enforcement authority finds property of a debtor that may be subject to state enforcement. Digitalization of civil proceedings gives an option to introduce new techniques, including in court enforcement, in order to guarantee more effectively the right of every entity to execute a court ruling by a reasonable deadline. This study concerns Italian law. The selection of this legal order is justified by an original solution, namely universal seizure using ICT techniques. As a result of analysing Italian law, it needs to be indicated that electronic seizure of property of a debtor has been combined with prior, including using ICT tools, search for property via direct access to large databases of public administration, granted individually to a bailiff in every case. Keywords: court enforcement, ICT proceedings, seizure of property, Italian law
21
Tatyanina, L. G., and N. O. Mashinnikova. "SOME ASPECTS OF FREE WILL IN CRIMINAL PROCEEDINGS." Bulletin of Udmurt University. Series Economics and Law 32, no. 3 (2022): 553–59. http://dx.doi.org/10.35634/2412-9593-2022-32-3-553-559.
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The article examines some issues of the law enforcement officer's freedom of will within the framework of criminal procedural legal relations in connection with the problem of the dispositive principle in criminal proceedings. Questions are raised about the relationship between the concepts of publicity and dispositivity in the administration of justice in criminal cases. Conclusions are drawn that dispositivity in criminal proceedings is not opposed to its public beginning, but complements it for the purpose of achieving the assignment of criminal proceedings. The characteristic features of free will in criminal proceedings are revealed. The authors propose a definition of the concept of "free will" for the purposes of criminal proceedings. It is indicated that the freedom of will of a law enforcement officer in criminal proceedings can be implemented by a law enforcement officer only if he has the freedom to choose procedural behavior and if he is provided with appropriate resources, representing a set of procedural powers assigned to each of its participants. The concepts of "emotionality" and "conviction" are analyzed and compared. An exclusively technological approach to criminal proceedings is criticized, since the authors proceed from the fact that such a desire to optimize criminal procedural forms can deprive justice of an individual approach to the subject of the proceedings, and therefore justice in its criminal procedural sense in terms of equality of all before the law and the court and individualization of punishment.
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Kulava, Mariіa Konstantinovna. "PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS." UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, no. 13 (2018): 69–77. http://dx.doi.org/10.31618/vadnd.v1i13.135.
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Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.
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Bakurova, N. N. "Features of management decisions in enforcement agencies." Courier of Kutafin Moscow State Law University (MSAL)), no. 5 (July 15, 2024): 54–63. http://dx.doi.org/10.17803/2311-5998.2024.117.5.054-063.
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The article examines the features of managerial decision-making in such public authorities as enforcement agencies. The author considers management decisions in enforcement agencies from the point of view of the phonomena of their legal status, in particular, as a tool for ensuring the enforcement of an authoritative decision of a judge, judicial authority, other public authority, official in relation to a single legal entity: a citizen, an organization, a public authority. This proves the importance of the role of management decisions in ensuring human and civil rights as the highest value, authoritative publicly significant decisions on the scale of the entire state. Adhering to a broad interpretation of the definitions of the concepts of “public administration”, “act”, the author comes to the conclusion that the management decision — this is a process that requires formalization, and which permeates the entire activity of the enforcement authority, in particular and mainly, illustrating the process of enforcement proceedings, asserts that a management decision accompanies it from the moment of receipt of the enforcement document to its completion, says that as long as the state exists, it will need tools for the enforcement of authority decisions, and therefore in a management decision. According to the author, a legally significant managerial decision of the enforcement body, its official, is based on a triad of conditions on the basis of which it is made: legislative, jurisdictional, competent; it takes the form of a legal act of management, the main of which is a resolution. In addition to resolutions, the author names such forms of management decisions as a request, a bilateral act and others, arguing his position from the point of view of a broad understanding of the term “act”. The author comes to the conclusion that the adoption of a managerial decision in enforcement proceedings is a vivid example of a combination of administrative procedure and specific administrative and jurisdictional proceedings, characteristic only of a bailiff conducting enforcement proceedings, in the unity of conditionally allocated types of administrative procedural activities.
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Dalkowska, Anna. "Legal status of a third party within the meaning of Article 527 of the Civil Code in enforcement procedure based on a judgment in favour of a Paulian (fraudulent conveyance) claim." Nieruchomości@ I, no. I (2022): 41–62. http://dx.doi.org/10.5604/01.3001.0015.8062.
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Admissibility of the Paulian (fraudulent conveyance) claim, a civil law institution referred to in Article 527 of the Civil Code3, for the protection of debts governed by public law no longer raises any doubts. The Paulian action gives an opportunity to protect a creditor of public receivables against actions undertaken by a debtor to the detriment of the creditor. The judgment has the effect of an absolute invalidity of the act-in-law of the debtor and the third party with respect to the creditor, hence it makes it possible to proceed with enforcement measures against the third party’s assets on the basis of an instrument permitting enforcement issued against the debtor. The legal status of the third party in an extended administrative enforcement versus the creditor, the obligated party and the enforcement authority has not been defined in any legal provisions on enforcement proceedings in administration. Despite an extensive catalogue of legal remedies, the applicable legal provisions fail to guarantee appropriate instruments for the protection of a third party, who does not formally become a participant of the enforcement proceedings and thus cannot use the legal remedies available to participants despite being compelled to endure enforcement measures directed against its assets as a result of the Paulian judgment.
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Brzezicki, Tomasz, Piotr Rączka, and Jacek Wantoch-Rekowski. "Legal Aspects of the Imposition and Enforcement of an Administrative Penalty for Failure to Register a Vehicle Imported from the Territory of a European Union Member State." Studia Iuridica Lublinensia 30, no. 2 (2021): 33. http://dx.doi.org/10.17951/sil.2021.30.2.33-47.
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<p class="Akapitzlist1">The amendment to the Act on Road Traffic Law introduced a new legal institution related to failure to register a vehicle consisting of an administrative fine in the amount of PLN 200 to 1,000. The penalty is imposed by means of an administrative decision issued by a competent starost. With the introduction of the above-mentioned institution in legal circulation, new problems will arise in connection with conducting administrative proceedings to impose a penalty, as well as determining its amount. In addition, a starost, as a creditor, is obliged to initiate enforcement proceedings in the absence of voluntary execution of the decision imposing the penalty. The established body aims to ensure the implementation of Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles, concerning, i.a., the absence of sanctions for not registering an imported vehicle and not registering an end-of-life vehicle. The following article discusses the main problems related to the application of the institution introduced with regard to the administrative procedure, the nature of the penalty imposed, as well as its enforcement. The considerations were carried out on the basis of a dogmatic method.</p>
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Doyar, E. O. "Functions of judicial enforcement: administrative and legal aspect." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 341–47. http://dx.doi.org/10.24144/2788-6018.2024.04.54.
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In the article, the author analyzes the available scientific approaches to understanding the concept of «function» in general and to those related to law enforcement by objects and subjects, in relation to which their functions are distinguished. In particular, the author summarizes the understanding of the meaning of the concepts of «functions of law», «functions of the state», «functions of law enforcement», «functions of the court», «functions of justice», and directs his scientific research to the study of the specifics of the separation and interpretation of the content of the functions of law enforcement, which is carried out a special entity - the administrative court and courts whose competence includes consideration of cases on administrative offenses. The author’s understanding of the functions of judicial enforcement in the order of administrative proceedings and judicial proceedings in cases of administrative offenses, the consideration of which is assigned to the competence of the court, is offered as possible options for the influence of the court’s activity on the administration of justice (consideration of administrative cases and cases of administrative offenses), law enforcement acts of the court on the behavior persons under private and public law. The author notes such common ways of highlighting the functions of judicial law enforcement in scientific and other sources as their characteristics: through the disclosure of the content of generalized categories («functions of the state», «functions of law», etc.); through disclosure of the content of categories closer to judicial law enforcement, in particular: a) through detailing (clarification, highlighting the specifics) of law enforcement functions in general (including the law enforcement function and the function of individual legal regulation); b) due to the detailing (emphasis on specificity) of the functions of the subject of application - the court (including, among others, the restoration of the violated rights of individuals and legal entities; control over legality in the country; guaranteeing Having studied the content of concepts related to the functions of judicial law enforcement, the author emphasizes that any legal concepts with the component «function» combine such characteristics as «activity», «dynamics», «possibility of influence for the purpose of change», etc. Most of the functions that are outlined in scientific sources as «functions of law» have a manifestation, and, therefore, can be simultaneously recognized as functions of judicial law enforcement, which is carried out in the order of administrative proceedings and judicial proceedings in cases of administrative offenses (those cases whose consideration is assigned to the competence of the court). Among such functions, the author singles out informative, indicative, preventive, educational and communicative functions, and also emphasizes the special role of protective and protective functions of judicial law enforcement.
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Flores, Marta. "The Recognition and Enforcement of UK Insolvency Proceedings in Spain After a Hard-Brexit. Special Reference to Schemes of Arrangement." European Company and Financial Law Review 18, no. 3 (2021): 377–97. http://dx.doi.org/10.1515/ecfr-2021-0017.
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Abstract After Brexit, the United Kingdom will become a third State to all effects. As far as insolvency is related, this will imply substantial changes regarding the recognition and enforcement of the UK insolvency proceedings. This paper purports to analyze the consequences a Hard-Brexit will have on insolvency-related matters, by describing the effects that should be expected with regard to the recognition in Spain of each of the proceedings that the UK legislation foresees for financially distressed debtors, namely administration, winding-up, voluntary agreements, bankruptcy and schemes of arrangement (which are dealt with separately due to their hybrid nature).
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Syza, N. P. "ADMINISTRATION OF JUSTICE IN CRIMINAL PROCEEDINGS EXCLUSIVELY BY THE COURTS." Herald of criminal justice, no. 1-2 (2022): 91–99. http://dx.doi.org/10.17721/2413-5372.2022.1-2/91-99.
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The provision on the administration of justice exclusively by courts, which is promulgated by the norms of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Criminal Procedure Code of Ukraine, has a fundamental nature and corresponds to the main features of the principles of criminal proceedings. The purpose of the article is: to reveal the content of the principle of the administration of justice in criminal proceedings exclusively by courts in connection with the institution of jurisdiction, the modern judicial system in Ukraine, the exercise of powers by the court to administer justice in various stages of criminal proceedings and the goal of justice. The importance of jurisdiction for ensuring justice is emphasized, which consists in creating conditions for the implementation of the principles of criminal proceedings during the trial and the adoption of a lawful court decision. It was noted that an important guarantee of effective and fair justice is the proper organization of the judicial system and a clear and legally justified definition of the rules of jurisdiction. Within the analysis of the content of the principle of the administration of justice in criminal proceedings exclusively by the courts, it is substantiated that in accordance with the established system of the judiciary in Ukraine and the rules of jurisdiction provided for by the Code of Criminal Procedure, justice in criminal proceedings is carried out by local general courts, the High Anti-Corruption Court, appeals courts and the Supreme Court in the order specified by the Code of Criminal Procedure in the stages of court proceedings. Attention is paid to the implementation of the specified principle in various stages of criminal proceedings. It was concluded that the administration of justice by the courts takes place at all stages of the court proceedings when deciding the issues on the merits of the accusation: in the preparatory court proceedings, the court proceedings in the first instance, the proceedings for the review of court decisions in the appeal, cassation procedure, as well as in newly discovered or exceptional circumstances. The stages of law enforcement in the administration of justice by a court in criminal proceedings are distinguished: establishment of circumstances to be proven and other circumstances that are important for criminal proceedings; criminal qualification of the act; adoption and execution of a court decision. It is argued that the interconnectedness of the formal and substantive essential features of justice gives grounds for defining it simultaneously as an activity and as a goal. It was determined that the goal of justice in the judicial process is realized by the adoption of a legal, justified, motivated and fair court decision, which resolves the socio-legal conflict and ensures the protection of the rights, freedoms and interests of individuals.
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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.
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Liskowski, Mariusz. "Zakres znaczeniowy wynagrodzenia w postępowaniu egzekucyjnym w administracji." Studia Prawnicze 219, no. 3 (2020): 167–84. https://doi.org/10.5281/zenodo.3629713.
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The Act on Enforcement Proceedings in Administration contains a legal definition of the term „remuneration”, moreover, it uses the phrases „remuneration from the employment relationship”, „execution from remuneration for work”. Considering the widespread use of an enforcement measure in the form of remuneration for work by administrative enforcement authorities, the question arises whether the Act uses the expression „remuneration” in the same sense as in the above phrases. The article is an attempt to seek answers to the above questions. For this purpose, first of all, the axis of research was related to the determination of the meaning of the term „remuneration” within the meaning of the provisions of the Act. Further research was devoted to a comparative comparison of the established meaning of the term „remuneration” with the phrases „remuneration from the employment relationship”, „execution from remuneration for work”. The set objectives determine the applied research formal-dogmatic method, which should contribute to answering the question.
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Sergiienko, Nataliia, Volodymyr V. Prylovskyi, Mykhailo Burdin, Maryna O. Dei, and Hanna Z. Ostapenko. "Enforcement actions and their suspension: the concept and legal regulation in Ukraine, Georgia, Kazakhstan, Armenia." Lex Scientia Law Review 6, no. 2 (2022): 299–326. http://dx.doi.org/10.15294/lesrev.v6i2.55974.
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The purpose of this research paper is to study the concept and legal regulation of enforcement actions and their suspension in Ukraine, Georgia, Kazakhstan, Armenia. The methodology of this article is based on the application of various methods of scientific knowledge, including analytical method, deductive method, synthesis method, hermeneutic method, comparative method, modeling method. The results of scientific research presented in this article contain the author's definitions of "enforcement actions", "suspension of enforcement actions", generalization of legal regulation of enforcement actions and their suspension under the laws of Ukraine, Georgia, Kazakhstan, Armenia. The practical significance of the results presented in the article lies in the possibility of taking them into account both by legal theorists, in particular those working on the subject of enforcement proceedings, and legal practitioners, in particular those involved in the enforcement of various jurisdictional decisions.
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Alhassan, Salifu Bawah. "Juxta-Positioning the Effectiveness of the Common Law and Council Regulation (EC) No. 44/2001 (the Regulation) on the Recognition and Enforcement of Foreign Judgments in the United Kingdom (UK)." Journal of Social and Political Sciences 2, no. 2 (2019): 485–91. https://doi.org/10.31014/aior.1991.02.02.87.
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Under the principle of territorial sovereignty, a judgment delivered in one country cannot be enforced in another country, unless there is an international agreement to that effect. The common law, under some specified circumstances, permits the enforcement of foreign judgments within certain parameters. Under the doctrine of obligation, where a foreign court of competent jurisdiction has adjudicated that a sum of money is due from one person to another, the liability to pay that sum becomes a legal obligation that may be enforced in the UK by an action of debt, thus Russell v Smith. The doctrine of obligation came under intense criticism due to the fact that it failed to reveal the policy considerations underpinning the rules on recognition and enforcement of foreign judgments in the UK. The Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters was introduced as a result of the shortfalls of the common law. In light of the above, this study was undertaken, in order to unearth the effectiveness or otherwise of the enforcement of foreign judgments under the common law, the Administration of Justice Act 1920, and the Brussels I Regulation (the Regulation) in the UK. The paper argues that enforcement under the Regulation is less complicated and accords the claimant much wider options of instituting enforcement proceedings in an enhanced forum (all Contracting State parties) than the common law and the Administration of Justice Act 1920.
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Ismagulov, Kairat Eslyamkalievich, and Arai Mautkanovna Abilmazhina. "INSTITUTE OF ENSURING THE RIGHTS AND INTERESTS OF THE INDIVIDUAL IN THE FIELD OF CRIMINAL PROCEEDINGS (MONITORING THE LEGISLATION OF THE CIS COUNTRIES)Kairat Eslyamkalievich Ismagulov." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 2, no. 77 (2024): 286–96. http://dx.doi.org/10.52026/2788-5291_2024_77_2_286.
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The authors examined the issues of ensuring the rights and interests of individuals in the field of criminal proceedings both in the Republic of Kazakhstan and in other countries of the Commonwealth of Independent States (hereinafter referred to as the CIS). The protection of fundamental human rights and freedoms is a universal principle, since these values are subject to priority protection in all spheres of public and state life. Man, his rights and freedoms occupy a central place and dominate over all other humanitarian values. The protection of human rights and freedoms acquires particular socio-political importance in the field of criminal proceedings, that is, where law enforcement agencies have the capabilities of state coercion, allowing them to invade the sphere of personal interests and significantly limit them. The legal policy of the Republic of Kazakhstan has already solved a number of important tasks to improve criminal procedural legislation. Since 2015, a new Code of Criminal Procedure (hereinafter referred to as the Code of Criminal Procedure) has been in force, which has introduced many innovations to simplify, speed up, reduce investigative and judicial procedures, streamline and differentiate the procedural powers of persons conducting criminal proceedings, strengthen the status of the defense party, as well as ensure the rights and legitimate interests of all persons participating in criminal proceedings. In addition, new legal institutions, proceedings and norms have been introduced that bring the criminal process closer to successfully tested models for the investigation of criminal offenses and the administration of justice. Along with this, most legislative decisions, when tested by law enforcement practice, showed their weak (insufficient) effectiveness, inconsistency with the established provisions of the theory of criminal procedure law, the absence in law enforcement practice and in the theory of criminal proceedings of unified conceptual approaches to the volume, form, mechanisms and the limits of implementation of the constitutional principle of competition in regulating various legal relations in the area under consideration.
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Jędrejek, Grzegorz. "ZBYCIE RZECZY RUCHOMEJ OBCIĄŻONEJ ZASTAWEM SKARBOWYM (ZAGADNIENIA WYBRANE)." Zeszyty Prawnicze 10, no. 2 (2016): 183. http://dx.doi.org/10.21697/zp.2010.10.2.08.
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Alienation of a Movable Asset Encumbered with Tax Lien Summary The article deals with selected problems referring to executive proceedings in administration in case of alienation of a movable asset encumbered with tax lien. A tax lien is a lien imposed in order to secure public imposts on movables assets or property rights. According to the author, legal proceedings are acceptable in order to conclude whether a purchaser of a movable asset encumbered with a tax lien should abolish enforcement of administrative decision. The basis for execution is not an executory entitlement in the analyzed administrative case, but an appropriate provision of statutory law, which is the article 848 of Civil Procedure Rules, used by way of analogy.
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McCluskey, Michael. "Put Away the Duct Tape and Bring Out the Prosecution: Combating the Unruly Passenger Crisis by Improving Federal Enforcement Procedures." Journal of Air Law and Commerce 87, no. 4 (2022): 837. http://dx.doi.org/10.25172/jalc.87.4.6.
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a. Unruly passengers aboard commercial flights have become a critical issue for consumer airliners, federal agencies, and other key commercial aviation stakeholders. In the past few years, unruly passenger confrontations rose exponentially. Through a patchwork of Federal Aviation Administration (FAA) regulatory fines, civil penalties, and criminal sanctions, there are enforcement measures available to combat unruly passengers. However, this complex mix of regulations and statutes fails to clearly outline which agencies will be responsible for which types of conduct and what the appropriate penalty will be. Not only does this tangle of enforcement measures confuse and hinder prosecution of unruly passengers, it fails to provide fair notice to airline passengers of what constitutes prohibited unruly conduct and the corresponding penalty for violations. This Comment puts these issues at the forefront by examining the current state of the FAA and Department of Justice (DOJ) enforcement framework, and it proposes a more streamlined model as an alternative. The current FAA enforcement process is outlined in FAA Order Number 2150.3C and requires FAA enforcement counsel to use multiple matrices to determine the appropriate violation and sanction to impose. This complicated procedure is subject to a great deal of discretion by FAA enforcement counsel and accounts for a wide range of prohibited behaviors. Similarly, the statutes often used by the DOJ in unruly passenger enforcement cases include a broad range of available sanctions from civil penalties to incarceration. However, DOJ enforcement, triggered by an FAA referral, largely follows normal litigation proceedings rather than the agency adjudication proceedings used by the FAA. Instead of this complicated overlay of statutes and regulations, the proposed model uses a tiered schedule to identify prohibited unruly passenger behavior, the agency responsible for enforcement, and the appropriate penalty for violations. This proposed model will enhance fair notice to passengers and untangle the confusion amongst federal agencies and commercial aviation stakeholders created by the current unruly passenger enforcement process.
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Gabryel, Mateusz Jan. "The debtor’s position in the context of the execution from his bank account during enforcement proceedings in administration – selected issues." Gubernaculum et Administratio 2(24) (2021): 419–34. http://dx.doi.org/10.16926/gea.2021.02.41.
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This article concerns enforcement proceedings in administration conducted from the debtor’s bank account. The article discusses the content of the applicable legal norms, the jurisprudence and the practice of applying the provisions. The article shows current solutions and points to emerging problems. There is emphasized that unauthorized executions, although not a common practice, may lead to a number of problems among citizens, negatively affecting their situation in many respects. The article also presents proposals for regulating a number of aspects. This is to improve the situation of people against whom enforcement is carried out, in particular when (regardless of the reasons) it is unjustified. A number of practical solutions are also proposed here, which, combined with appropriate legal norms, can lead to a significant improvement in the situation of debtors.
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Shkolyk, Andriy M. "Types of Participants in Administrative Proceedings." Problems of legality 163 (2023) (December 28, 2023): 144–62. https://doi.org/10.21564/2414-990X.163.291705.
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The paper attempts a critical analysis of the new norms of the Law of Ukraine "On Administrative Procedure", dedicated to the types of participants in administrative proceedings. The relevance of the study is due to the provision of a deeper understanding by the authorized subjects of law enforcement, which will be presented for the first time in a numeral administrative proceeding. At the same time, the article is aimed not only at a deepening of the understanding of new legal categories that have were included to participants in administrative proceedings by national legislator. Also, the expediency of their inclusion to participants is analyzed as well as possible of options for future improvement of the relevant norms of the Law of Ukraine "On Administrative Procedure" are proposed. For this, the comparative legal method is widely used in the analysis, which allows to investigate the origins and prerequisites for the selection of certain types of participants based on European administrative standards and the achievements of foreign legal doctrine, enshrined in the relevant legislative administrative procedure acts. As a result of the conducted analysis, it is recommended to change the concepts applied in the Ukrainian Law in the part of the entities that participate in the general administrative procedure almost completely. At the same time, it is recommended to do this not hastily, but only after the future professional commitment and the initial experience of its enforcement gained in the first period after the entry into force of the Law of Ukraine "On Administrative Procedure".
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Farrell-Bryan, Dylan, and Ian Peacock. "Who Gets Deported? Immigrant Removal Rates by National Origin and Period, 1998 to 2021." Socius: Sociological Research for a Dynamic World 8 (January 2022): 237802312210912. http://dx.doi.org/10.1177/23780231221091224.
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Most removal proceedings in U.S. immigration courts result in removal, but research has yet to consider how removal rates vary by nationality and period. Using Executive Office of Immigration Review data, the authors examine the removal rates for the 30 most common national-origin groups in removal proceedings. Honduran, Mexican, Guatemalan, and Brazilian nationals have been ordered removed at rates considerably higher than the population average, while Chinese, Albanian, Egyptian, and Ethiopian nationals experience notably low rates of removal. Additionally, the authors find a general decline in removal rates between 1998 and 2021, with a notable jump in removal rates during the Trump administration. Disaggregating removal rates by nationality and period has important implications for understanding disparities in access to legal resources and immigration enforcement practices.
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Galyashina, Elens, and Kirill Chernyshev. "Fundamentals of Forensic Tactics in the Commission of Expertise for Extremism Cases in Proceedings on Administrative Offenses." Legal Linguistics, no. 29(40) (October 1, 2023): 67–72. http://dx.doi.org/10.14258/leglin(2023)2911.
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In the article the authors integrate the provisions of forensic tactics into the proceedings on cases of administrative offenses. Despite the classical understanding of the subject of criminology, which is intended only for the needs of criminal proceedings, the authors believe that the provisions of criminology are applicable to other types of proceedings. As an example, the authors integrated the provisions of forensic tactics in relation to the commission of expertise for extremism cases in the proceedings on administrative offenses. Based on the analysis of the Code of Administrative Offences of the Russian Federation, legislation on forensic expertise, current judicial practice and the provisions of the science of forensic expertise, a specific algorithm of actions is proposed for the court, state authorities and officials in need of special knowledge in the administration of justice. The algorithm of actions proposed by the authors is a consistent manual that allows to organize the work of the law enforcement officer and avoid procedural errors in the commission and performance of expertise.
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Latifiani, Dian, Yusriyadi Yusriyadi, Agus Sarono, Ahmad Habib Al Fikry, and Mohammad Nur Cholis. "Reconstruction of E-Court Legal Culture in Civil Law Enforcement." Journal of Indonesian Legal Studies 7, no. 2 (2022): 441–48. http://dx.doi.org/10.15294/jils.v7i2.59993.
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Legal protection for the community to obtain rights and recovery of the situation is one of them taken by settling civil cases through the courts. During the times and the adjustment of existing conditions, the Supreme Court issued a responsive and progressive law with the enactment of Supreme Court Regulation Number 1 of 2019 so that the public could obtain essential justice based on the principles of fast, simple, and low-cost justice. The aims of this study are: (i) knowing the legal culture in the implementation of e-court as a reflection of the problems of law enforcement; and (ii) reconstruction of legal culture regarding case administration and court proceedings electronically. The author uses empirical juridical research methods. The results of the study show: (i) e-court based court legal culture is not yet optimal. Village communities seeking justice (non-advocates) at the Religious Courts and District Courts of Semarang Regency tend to prefer conventional registration and trial over e-courts; and (ii) the reconstruction of the legal culture community is carried out using e-court socialization education to all advocates, providing educational media to non-advocates, and providing information about administration and trials electronically through notification letters to the district head .Through this, it will create a legal culture that supports the implementation of e-court so that fair law enforcement can be achieved.
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Коваль, А. А. "THE ROLE OF THE GENERAL SUBJECTS OF HUMAN RIGHTS PROTECTION DURING COVERT INVESTIGATIVE (SEARCH) ACTIVITIES (ACTIONS)." Актуальні проблеми права: теорія і практика, no. 1 (41) (May 20, 2021): 21–30. http://dx.doi.org/10.33216/2218-5461-2021-41-1-21-30.
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This article analyzes the system of state bodies and officials who are more or less authorized (obliged) to ensure human rights, including in the conduct of covert investigative (search) actions. According to the tasks performed by each of such subjects, they are divided into two groups: general (those that determine the basis of domestic and foreign policy of the state and public administration strategy, have relevant coordination powers and solve constitutional and legislative strategic tasks in the specified area, or implement state policy in this direction, one of the powers of which is to approve or ensure human rights) and special (subjects of criminal proceedings who are directly involved in the appointment, conduct, and evaluation of the results of the CISA, and who are charged with the protection, protection (enforcement) of human rights in criminal proceedings, including the CISA.
 Key words: human rights, covert investigative (search) actions, guarantees of rights and freedoms, court investigative judge, participants in criminal proceedings.
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Szczekocki, Piotr. "Justice in Judicial Enforcement Law: Comments in the Context of the Decision-Making Model of the Law Application Process." Studia Iuridica Lublinensia 32, no. 4 (2023): 175–89. http://dx.doi.org/10.17951/sil.2023.32.4.175-189.
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In the study, which is of a scientific and research nature, the following thesis is adopted: Justice is served in the process of law application but it materializes only at the moment of judgment execution. The article is aimed at answering the question about the understanding of justice in judicial enforcement proceedings (the last stage of the law application process). The subject has not been deeply discussed in the theory of law and, as a result, I believe it is essential to enquire whether the execution of judgment is still an element of justice, while it is a general truth that justice has already been served in the court (court judgment). The thesis presented is corroborated by the European Court of Human Rights decisions, as well as by the Polish Supreme Court case law. Similar conclusions find justification in the European acts of law. Debt repayment is not only a Polish problem, but a problem of many European countries. Certainly, in times of economic crisis and the worldwide problems of inflation, pandemic and wartime, it is more difficult to repay debts, but those simply do not disappear and enforcement is a solution reached for in search of justice.
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Kondrych, Vasyl. "High anti-corruption court in the context of international standards of judicial procedure and administration of justice." Revista Amazonia Investiga 10, no. 46 (2021): 32–41. http://dx.doi.org/10.34069/ai/2021.46.10.3.
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The article is devoted to the study of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions on the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, formal-logical, comparative-legal and other methods. As a result of the study, the description of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions for the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts, is provided. It is noted that the rapid implementation of international standards in the national legislation and consistent application in law enforcement practice will help to restore the citizens' confidence in the judicial system, strengthen the authority of the judiciary, establish high criteria of competence, professional ethics and integrity, and effectively implement a specialized anti-corruption court in Ukraine.
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Gadzhiramazanova, P. K. "Problems of formation and activity of the jury court in district (city) courts of the Republic of Dagestan." Law Нerald of Dagestan State University 40, no. 4 (2021): 134–40. http://dx.doi.org/10.21779/2224-0241-2021-40-4-134-140.
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Currently, a court with the participation of a jury is one of the most important institutions of our society, which allows citizens to exercise their right to the administration of justice on an equal basis with professional judges. The main value and task of the jury trial is participation in legal proceedings and the administration of power by the people, as well as control over the implementation of legal proceedings. The study is devoted to the changes made to the Criminal Procedure Code of the Russian Federation in connection with the expansion of the use of the institute of jurors, which significantly expanded the competence of the court with the participation of jurors by extending this form of legal proceedings to the level of district courts, and also reduced the quantitative composition of the collegium. The relevance of the topic of this study was predetermined by numerous issues arising in the process of law enforcement, including the one that concerns the specifics of proceedings in court with the participation of a jury. The study of the results of the work of the jury at the level of district courts of general jurisdiction for the period from the date of entry into force of these changes to the present, has revealed a number of shortcomings and problems in the proceedings of this court, which, of course, need practical and theoretical understanding and measures to eliminate them. The solution of the problematic aspects of the institution identified in the course of the study is necessary to improve the judicial system, which, in turn, will contribute to increasing the level of public confidence in it.
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Samofalov, L. P., та О. L. Samofalov. "Сoncepts and elements of judicial enforcement". ScientifiScientific Herald of Sivershchyna. Series: Law 2021, № 2 (2021): 33–45. http://dx.doi.org/10.32755/sjlaw.2021.02.033.
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The problems of judicial enforcement are considered in the article. It is emphasized that judicial enforcement is a legal form of state functions implementation. The need to study this legal category is emphasized. This need is related to the harmonization of legislation with international standards, judicial reform, and increased protection of human rights. Different points of view of legal scholars concerning judicial enforcement are investigated. It is concluded that the judicial application of the law is based on the rules of positive law. A judge may not refuse to hear a case due to gaps in the law. Judicial enforcement is associated not only with the application of the law, but also with their interpretation, and sometimes lawmaking. On the one hand, the judiciary is a manifestation of power, and on the other it is the most rational and effective form of control over the activities of state power. It is stated in the article that justice, as a court activity carried out in the form of civil, administrative, criminal, economic and constitutional proceedings, takes place in the procedural forms established by law. Law enforcement activity of the court is a long, complex and systematic process. It has a specific purpose, that is a clearly defined value, which includes recognition of a person, their life, health, honor and dignity, inviolability and security. It is stated that law enforcement cannot be carried out beyond the principles of law, as they go through all the rules of law and are the basis of the legal system. The components of the rule of law are recognized by the international community. In particular, they are: – the right to appeal against the actions of public authorities; – free assessment by the court of the circumstances of the case; – independence and impartiality of judges; – independent judicial procedure, which covers fairness, openness, reasonable time for consideration of the case, availability of legal aid; – binding nature of court decisions. In order to ensure the proper judicial system functioning, it is proposed to amend the current legislation in the process of judicial reform. The conclusions to the article stipulate that the court performs both law enforcement and law-making functions. The essence of the administration of justice and judicial activity is reduced to the application of law. In the process of administering justice, the judiciary acts in clearly defined procedural forms. Judicial power, as a subject of constitutional regulation, is exercised precisely in justice, and justice is administered and administered by the court through judicial enforcement. Key words: judicial enforcement, justice, judicial activity, judicial power, judicial proceedings, judicial lawmaking.
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Mustafina-Bredikhina, Diana M. "The Practice of Administrative Proceedings in the Course of Centralized Control and Supervisory Activities of the Public Administration in Cases of Violation of Mandatory Requirements." Rossijskoe pravosudie, no. 2 (January 25, 2022): 60–71. http://dx.doi.org/10.37399/issn2072909x.2023.2.60-71.
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The review examines the procedure of the courts when considering administrative cases arising in the course of centralized control and supervisory activities of the public administration in cases of violations of mandatory requirements; analyzes the practice of courts in various regions of the Russian Federation. The paper examines various types of judicial proceedings in this category of cases, examines the competence of courts of general jurisdiction and arbitration courts, focuses on administrative cases on the cancellation of licenses, on enforcement of orders to eliminate violations of mandatory requirements, on the suspension or liquidation of public associations.
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Tsybulchenko, Sofia P. "Current issues and challenges of russian legal statistics." ACCOUNTING AND CONTROL 5 (2024): 31–35. http://dx.doi.org/10.36871/u.i.k.2024.05.01.006.
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The article examines current issues and challenges of legal statistics in Russia. In modern Russia, statistics play a key role in the development of all aspects of public administration and the legal system, where the accuracy, objectivity and completeness of the collected data become the cornerstones for making informed decisions, forming legal policy and effectively regulating public relations. The use of advanced statistical analysis methods and improving the quality of statistical data will not only increase the effectiveness of law enforcement and judicial proceedings, but also contribute to strengthening the legal system, increasing public confidence in authorities and the judicial system.
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Szachta, Joanna. "Miarkowanie opłaty egzekucyjnej za egzekucję świadczeń pieniężnych – zagadnienia wybrane." Przegląd Prawa Egzekucyjnego 2022, no. 1 (2022): 45–81. https://doi.org/10.62627/ppe.2022.003.
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This study discusses the issue of moderating enforcement fees for enforcement of pecuniary claims (art. 48 of the Act on bailiff fees). This regulation enables to reduce an enforcement court fee determined by a bailiff correctly upon request of a party. A basis for submitting an application is a decision of a bailiff; therefore, the reduction may concern fees that have been already collected. A catalogue of reasons that make it possible to grant an application for the reduction of fees by a court is a closed one, and it includes: the labour input of a bailiff, a property situation of a debtor and his income. A basis for an application for moderating fees has been presented in particular as well as limits of moderation, entities that are entitled to submit an application and a deadline for its submission, and the suitability of applying regulations on a complaint. It has been analysed whether it is admissible to apply art. 759 § 2 of the Code of Civil Procedure if a court grants an application filed under art. 48 of the Act on bailiff fees. The uniqueness of the institution of moderating enforcement fees has been noted against other laws – the Act on court costs in civil cases and the Act on enforcement proceedings in administration. Due to doubts raised in the article concerning the moderation of fees determined under laws, the need to revoke art. 48 of the Act on bailiff costs has been suggested. Keywords: moderating enforcement fees, reducing an enforcement fee, exemption from enforcement costs
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Bernatsky, George G. "Canon law and law enforcement." Issues of Theology 7, no. 1 (2025): 142–57. https://doi.org/10.21638/spbu28.2025.108.
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The review draws attention to the formal sources of church law, for violation of which bishops are brought to legal responsibility. These are primarily canons. The canons were compiled by church councils and individual church authorities — the holy fathers. The canonical corpus of the Orthodox Church was formed in the IX century. The monograph rightly points out the contradiction of canon law: the declared principle of the immutability of the canons, as social relations evolve, inevitably comes into conflict with the actual requirements of everyday life. This contradiction manifests itself more and more acutely closer to modernity. The Review indicates that the content of the canons may change with the development of church law without changing the text of the canons using the method of concretization of law, which should be distinguished from the method of interpretation of law. It is suggested that many gaps and defects in canon law have accumulated over time. It is proposed to develop a new normative act — the code of canon law. The review analyzes the judicial system and judicial proceedings of the Russian Orthodox Church judicial system. It is suggested that the difficulties in the administration of justice in the Russian Orthodox Church are in some sense related to the fact that the church court performs three functions simultaneously: it is both a judicial body, a law enforcement body, and an investigative body. Perhaps the time has come when it is necessary to divide these functions between different organs of the Church, create an independent body of supervision and investigation and separate it from the body of justice. This will introduce a stricter order into the case review process and shorten the trial time. The review indicates that Russia is a civilizational state. An original legal system was formed in it under the influence of Orthodoxy. The legal system of the Russian Church is consonant with the legal system of the Russian state.
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Filipkowski, Wojciech. "Potential use of Structured Analytical Techniques in Building Investigative Versions." Internal Security 12, no. 2 (2020): 30–31. http://dx.doi.org/10.5604/01.3001.0014.6691.
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. The aim of this study is to present the possibilities of using structured analytical techniques in building investigative versions. They may relate to ongoing criminal or operational proceedings, but also allow verification of versions created for the purposes of supervision or evaluation of other proceedings. In this area, the study complements and at the same time extends the existing knowledge in the field of forensic tactics. The author presented the current state of knowledge on the methods of building criminal versions and the theoretical justification for the introduction of these techniques to the practice of law enforcement agencies in this aspect. An outline of the methodology of the application of analytical techniques in the construction of new and verification of existing research methods is also presented. This study is based on the author’s speech at the 3rd National Scientific Conference entitled ‘Police X Files’ organised by the Faculty of Law and Administration University of Lodz from September 26th–28th, 2018.