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Journal articles on the topic 'Execution proceedings in administration'
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1
Vázquez, Carlos Manuel. "Breard and the Federal Power to Require Compliance With ICJ Orders of Provisional Measures." American Journal of International Law 92, no. 4 (1998): 683–91. http://dx.doi.org/10.2307/2998131.
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Among the puzzling aspects of the Breard episode was the Clinton administration’s claim that the decision whether or not to comply with the Order of the International Court of Justice requiring the postponement of Breard’s execution lay exclusively in the hands of the Governor of Virginia. The ICJ’s Order provided that “[t]he United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings.” The Clinton administration argued that the Order was not binding, but it also took the position that, even if the order were binding, there would be no authority in the federal Government to require a postponement of the execution. As the administration explained to the Supreme Court:
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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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Wojciechowska, Karolina. "Realizacja prawa wglądu w akta sprawy w postępowaniu administracyjnym." Studia Iuridica, no. 85 (March 15, 2021): 271–87. http://dx.doi.org/10.31338/2544-3135.si.2020-85.18.
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The subject of the article is an analysis of the realisation of the right to access to administrative records in public administration authorities. This right is the most important manifestation of the right of access to the records, which a party to administrative proceedings is entitled to. The right to access the administrative records is limited by the fact that the party has access to incomplete, unstructured, unnumbered records or unavailable records without issuing a refusal of access to the records, as well as access to the records in places not adapted for that purpose. The right of access is also limited by the following restrictions which do not exist in the Code of Administrative Procedure but are applied by the authorities: the hours of visitors and the queuing system. A party should be able to review his or her personal records during the office’s working hours in a room adapted for that purpose. I propose that the party should be able to access the records in the body’s information and communication system at on-line remote.
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Bakurova, N. N. "Administrative coercion in enforcement proceedings." Courier of Kutafin Moscow State Law University (MSAL)), no. 6 (September 25, 2021): 56–62. http://dx.doi.org/10.17803/2311-5998.2021.82.6.056-062.
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The article examines administrative coercion in enforcement proceedings as a legal phenomenon. The author considers it, firstly, as one of the types of state coercion, and secondly, as a kind of administrative coercion, and comes to the conclusion that enforcement proceedings are inseparable from administrative coercion by their nature. Both elements that make up the general concept under study are generated by the state, are necessary for the exercise of state power, the achievement of a publicly significant goal. This goal is determined by the actual enforcement proceedings as a necessary specific type of activity aimed at completing the cycle of jurisdictional proceedings: in cases of administrative offenses, civil, arbitration, administrative proceedings, and others, to solve its tasks. In enforcement proceedings, only its combination with administrative coercion can achieve the goal of public authority, to achieve the real execution of the act of a jurisdictional body, an official. In addition, administrative coercion is a method of public administration, an effective tool with which enforcement proceedings are carried out. The article also presents the author’s classification of types of administrative coercion in enforcement proceedings, and raises the problem of improving the legislation on it.
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Paradowski, Mariusz. "Legal Situation’ Personalities of Executive Proceedings in Administration." Zeszyty Naukowe Instytutu Administracji Akademii im. Jana Długosza w Częstochowie. Gubernaculum et Administratio 2(12) (2015): 83–94. http://dx.doi.org/10.16926/gea.2015.02.24.
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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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Naseef, Kara. "How to Decrease the Immigration Backlog: Expand Representation and End Unnecessary Detention." University of Michigan Journal of Law Reform, no. 52.3 (2019): 771. http://dx.doi.org/10.36646/mjlr.52.3.how.
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This Note recommends federal policy reform and local implementation in order to decrease the immigration backlog and protect the rights of non-citizens in immigration proceedings. Although non-citizens hold many of the fundamental rights and freedoms enumerated in the Constitution, several core rights— including due process and the right to counsel—are not rigorously upheld in the context of immigration proceeding. By carefully regulating expanded access to representation and ending unnecessary immigration detention, the Executive Office of Immigration Review and Congress will ensure the swift administration of justice and protect non-citizens under the federal government’s jurisdiction.
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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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Kanunnikova, Natalya G. "Some Issues of Proceedings in Cases on the Contestation of Legal Acts of Administration in Administrative Proceedings." Administrative law and procedure 10 (October 8, 2020): 26–27. http://dx.doi.org/10.18572/2071-1166-2020-10-26-27.
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Legal acts of administration are of great importance for the society and state in the modern world, the publication of such acts is the main form of the administrative process. Administrative acts turn the state policy into a reality, perform functions of executive government authorities. However, such acts often violate rights and legitimate interests of individuals and legal entities and thus may be contested by interested parties in administrative proceedings.
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Golovko, V. V., I. V. Slyshalov, and A. I. Sakhno. "Disqualification from driving: enforcement in Russia." Law Enforcement Review 5, no. 3 (2021): 205–14. http://dx.doi.org/10.52468/2542-1514.2021.5(3).205-214.
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The subject. The article considers the legal basis for the execution of decisions on administrative penalties in the form of disqualification from driving, as well as the prospects for the development of new legislation in the field of road traffic. The article examines the social relations that develop in the process of implementing the jurisdictional powers of the Russian State Traffic Inspectorate in ensuring road safety, preventing and suppressing offenses related to encroachment on motor vehicles, transported goods, the life and health of drivers and pedestrians.The purpose of the article is to confirm or disprove hypothesis that there are defects in Russian legislative regulation that prevent the effective execution of decisions on the disqualification from driving. They are not eliminated in the draft of the new Russian Code of Administrative Offences.The methodology of research is the provisions of the general theory of law, the modern science of administrative law and the theory of public administration. The authors used a systematic approach and formal legal analysis. The legislation of the Russian Federation and the practice of its enforcement were studied also.The main results. In accordance with paragraph 5 of Article 2 of the Russian Federal Law "On the Police", the execution of administrative penalties is one of the main activities of the police. The effectiveness of the entire proceedings in cases of administrative offenses largely depends on the execution of the adopted resolutions. The leading role in the execution of decisions on administrative penalties, in particular, related to the disqualification from driving, belongs to the internal affairs bodies. It is important to note that the execution of administrative penalties in practice is associated with certain difficulties.Conclusions. The execution of decisions on the imposition of disqualification from driving as an administrative penalty causes difficulties due to defects in legislative regulation, which are not fully resolved in the draft of the new Russian Code of Administrative Offences.
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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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Dumas, Anna, and Piotr Pietrasz. "Judicial Interpretation of the Tax Law Provisions and Protection of the Subjective Rights of Taxpayers – In the Light of Art. 153 of the Act on Proceedings Before Administrative Courts in Poland." Studies in Logic, Grammar and Rhetoric 33, no. 1 (2013): 77–99. http://dx.doi.org/10.2478/slgr-2013-0015.
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Abstract This article refers to the issues associated with the crucial significance of the interpretation of tax law provisions made by administrative courts in the course of the judicial inspection of tax decisions, within the context of protecting the subjective rights of taxpayers. The analysis in that regard has been prepared based on the provisions of art. 153 of the Act of 25 July 2002 on Proceedings before Administrative Courts, which expresses the important rule of binding the court and the administrative authority, whose act was the subject of an appeal, with a legal assessment and instructions regarding the further proceedings described in the decision of the administrative court. As a result of this rule, a decision of an administrative court exerts the results exceeding the scope of judicial administrative proceedings, while its effect also covers the future tax proceedings. If the legal assessment made by the court refers to the regulations that affect the subjective rights of a taxpayer, it means that the administrative court imposes the effects of “its” interpretation of those provisions on a tax authority. In turn, the tax authority is obliged to respect those rights in accordance with the opinions of the court, which usually affects the final resolution of a tax case. It should be borne in mind that a taxpayer, by submitting an appeal against a tax decision to an administrative court, demands not only an inspection of the acts of tax administration, but also - which should be emphasized - demands the execution of its rights, including its subjective rights. Therefore, we should not forget the crucial role of the administrative courts in the protection of the substantive rights of taxpayers. The instrument that allows the administrative courts to guard the subjective rights of taxpayers, consists in the procedural regulations included in the provisions on proceedings before administrative courts, and in particular art. 153 of the Act on Proceedings before Administrative Courts in Poland.
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Michalak, Magdalena Maria, and Przemysław Kledzik. "How many Instances in the Polish Administrative Procedure? Analysis of Normative Solutions in the Aspect of Procedures for Reviewing Decisions Issued by the Executive Bodies of Local Self-government." Lex localis - Journal of Local Self-Government 18, no. 4 (2020): 977–97. http://dx.doi.org/10.4335/18.3.977-997(2020).
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Pursuant to the art. 78 of the Constitution of the Republic of Poland each party has the right to appeal against judgments and decisions issued in the first instance. The Constitution also stipulates that administrative courts control the activity of administration in at least two-tier proceedings. Pursuant to the above, in Poland, decisions are issued in two-tier general administrative proceedings and may be subject to review in two-tier court administrative proceedings. The number and structure of procedures of appeal against administrative decisions have been a subject of discussion for years. Criticism of the current solution comes, among others, from local self-government representatives whose bodies issue the largest number of decisions in Poland. These issues have recently become even more relevant due to statutory obligation of reviewing Polish legislation in terms of legitimacy of reducing the number of administrative instances. The subject of the study is an analysis of possibility and purposefulness of limiting the number of instances in the administrative procedure, conducted on the example of a procedure for reviewing decisions of local self-government bodies. The reflection was made taking into account systemic and procedural position of Self-Government Boards of Appeal.
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Stakhov, A. I., N. V. Landerson, and D. G. Domrachev. "Public administration in Russia as a subject of administrative procedure." Law Enforcement Review 5, no. 4 (2022): 55–77. http://dx.doi.org/10.52468/2542-1514.2021.5(4).55-77.
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The subject. Doctrinal approaches that reveal the place and role of public authorities, as well as organizations performing the functions of these authorities in the administrative process carried out in the Russian Federation, the principles and norms of the Constitution of the Russian Federation, administrative procedural legislation that form the legal basis of the administrative process in Russia.The purpose of the article is scientific substantiation of the integration of non-judicial bodies carrying out the administrative procedure into a special subsystem of public power, called public administration in the Russian Federation.The methodology. Formal logical and dialectical methods as well as private scientific methods such as method of interpretation of legal norms, method of comparative jurisprudence were used.The main results, scope of application. The article reveals the scientifically based content of the integrative approach to understanding the administrative process in contemporary Russia, taking into account the norms of the Russian Constitution and the analysis of existing doctrinal developments of administrative scientists. The article substantiates the structure of the administrative procedural legislation of the Russian Federation ant it’s constituent entities, which includes the judicial administrative process and the executive (non-judicial) administrative process implemented by the public administration (executive authorities, local self-government bodies, other administrative and public bodies). Administrativeindicating legal norms are distinguished, the analysis of which allows us to reveal the content, form, structure of the judicial administrative process and the executive (extra-judicial) administrative process, as well as to establish an integrative relationship between them with the help of such special categories as “judicial administrative case”, “extra-judicial administrative case”, “administrative proceedings”, “administrative proceedings”. A number of key proposals are put forward to systematize the judicial administrative process and the executive (extrajudicial) administrative process in Russia on the basis of developed scientific positions. The article reveals the question of a scientifically based theory for understanding the administrative and public functions of public administration, as well as the system and structure of public administration in modern Russia.Conclusions. The presented integrative approach to understanding the administrative process and its differentiated systematization for the judicial administrative process and the executive (non-judicial) administrative process are the only true way to develop the Russian model of administrative process. The question of the need to systematize the administrative and public functions implemented by the public administration is raised. It is proposed to develop and adopt a federal law “On Public Administration in the Russian Federation”, the authors substantiate the content of the structure of this law.
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Revina, I. V., O. S. Pashutina, and I. N. Chebotareva. "THE WAIVER OF A RIGHT TO EXERCISE JUSTICE: LEGAL NATURE AND CONTENT." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 4 (2021): 35–42. http://dx.doi.org/10.18323/2220-7457-2021-4-35-42.
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The paper presents the results of legal research on the involvement of citizens in the administration of justice during criminal proceedings. The existing Russian criminal procedure legislation provides for a relevant procedure. However, some aspects of citizens’ participation in the administration of justice in the sphere of criminal proceedings, for today, are regulated insufficiently, which causes certain difficulties by an executor of law. The study focuses attention on the special constitutional and legal significance of such participation as a form of interaction of the state and society on the whole. The authors consider the participation of citizens in the administration of justice both as a constitutional guarantee of the defense of human and civil rights and freedoms in the Russian Federation and concerning the procedural support of the corresponding right of a criminal procedure participant. The paper states that citizens’ participation in the administration of justice is characterized to a greater degree by their rights than by responsibility. The authors justify the conclusion on the necessity of different interpretations of the concepts of civil duty and legal duty. Such attitude is proved by the fact that the imposed form of participation in justice does not make impossible the juror’s intentional violation of bans stipulated towards a juror. The paper pays attention to the study of the process of trial jury formation in criminal proceedings. The authors identified and analyzed the reasons for citizens’ unwillingness to exercise this right. The study considers both the admissible not contradictory to legal rules forms of such denial and its covert types hindering the administration of justice. It is identified that the waiver of a right to exercise justice can be caused both by objective and subjective factors. Based on the analysis of statistical data and with the account of the examples from judicial practice, the authors justify the necessity of further improvement of norms of the current legislation in ensuring the citizens’ participation in the administration of justice.
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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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Franklin A, Benjamin, and Sasilatha T. "Changing the Electrical Safety Culture." Indonesian Journal of Electrical Engineering and Computer Science 9, no. 1 (2018): 93. http://dx.doi.org/10.11591/ijeecs.v9.i1.pp93-96.
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<p>Electrical wellbeing - Where were we yesterday? Where are we today? Where will we be later on? The wellbeing society is proceeding to advance to give a more secure workplace to individuals working around electrical hardware. To enhance electrical security, it takes sense of duty regarding consistent change of the electrical wellbeing society. New musings and thoughts to enhance electrical wellbeing are basic. This paper addresses how function hones have changed after some time and prescribes thoughts to overhaul the current electrical culture. To change the current security culture new thoughts should be produced to cause higher execution in electrical wellbeing for all individuals presented to electrical risks. New circuit testers take in great and unfortunate propensities from more experienced circuit testers. Human execution depends on a mix of information, abilities, and educated practices. Convictions can be affected through perceptions and collaborations with different experts. The estimation of value mentorship conveys a high level of obligation to guarantee legitimate wellbeing rehearses is taken after. Almost no exertion has been given to preparing the nonelectrical labourers that are presented to electrical risks. Preparing for non-electrical labourers is a missing component in the present electrical security culture. A principal contention in this paper is that culture speaks to the entirety of what is regularly adequate without examination. The way of life is likewise determined by regular perception and experience. With a specific end goal to change the way of life there must be a redefinition of what is satisfactory, trailed by noticeable changes that everybody can understanding and watch. Administration possesses culture since it sets what is passable and satisfactory. Accordingly, the fate of electrical wellbeing will rely upon how well administration comprehends the hazard and results of electrical work and their duty in moulding and owning electrical security strategies. Enter components tended to in this paper incorporate human execution, innovation changes, adjusting to change, actualizing new thoughts to enhance security and how staff changes inside an enterprise can influence wellbeing execution. </p>
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Milikova, A. V. "Criminal Procedure Acts of the Preliminary Investigation Bodies in the General Mechanism of Public Administration." Actual Problems of Russian Law, no. 10 (November 9, 2019): 122–33. http://dx.doi.org/10.17803/1994-1471.2019.107.10.122-133.
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The paper is devoted to a comprehensive doctrinal analysis of criminal procedural acts of the preliminary investigation bodies in the general system of legal acts of administration as the most effective legal instruments of public administration. Considering the criminal proceedings in general and the preliminary investigation in particular as a special kind of public administration, and a specific form for the implementation of executive and administrative functions of the state, the authors conclude that the criminal procedure acts of the preliminary investigation bodies are a structural element of a unified system of legal acts of control, forming in it independent subsystem. In this regard, the paper substantiates the position that the legal nature of the criminal procedure acts of the preliminary investigation bodies is in many respects consistent with the general principles and postulates inherent in the legal acts of general government. Their theoretical basis and the corresponding legislative base are subject to consideration, comprehension and development in the context of general methodological laws identified and analyzed in the theory of law and the state and administrative and legal science, but taking into account the specifics due to the separate sphere of criminal procedure regulation, the special purpose of the criminal legal proceedings and the special character of the criminal procedure form and criminal procedure guarantees arising from it.
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DeLorenzo, Yusuf. "Proceedings of the Fiqh Council of North America." American Journal of Islam and Society 9, no. 4 (1992): 588–91. http://dx.doi.org/10.35632/ajis.v9i4.2549.
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The Fiqh Council of North America discussed a variety of issues atthis meeting. To promote jointly prepared and considered legal opinions(fatawa), the council welcomes the input of Muslim social scientists onthe following issues:1. A lunar calendar for North America. Its policy is to a) provide interestedparties with detailed astronomical projections for the next sevento ten years; b) provide information on the Sharl'ah's perspective vis-avisastronomical calculations; c) urge Muslims to observe the moonregularly and report their sightings; and d) allow each community to decidewhether it will use the information as a guide to physical sighting or asa definitive table for the beginning and end of the lunar months.2. Whether women may share in the management and administration ofmosques, Islamic schools, and executive councils of Islamic organizations(youth and studemt organizations in particular). It was noted that there isno legal reason to prevent this essentially organizational concern and alsothat this matter was not a source of controversy among the classical jurists,for the question of general sovereignty does not arise ...
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Stakhov, A. I. "The Integrative Theory of the Administrative Process is the Only True Basis for Building a Model of the Administrative Process." Siberian Law Review 18, no. 3 (2021): 313–27. http://dx.doi.org/10.19073/2658-7602-2021-18-3-313-327.
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The article highlights and criticizes two mutually exclusive approaches to understanding the administrative process that currently exist in Russia, which emasculate its complex content, predetermined by the Constitution of the Russian Federation. From the system analysis of art. 10, 18, 72, 118, 126, 132 of the Constitution of the Russian Federation the administrative procedure legislation of the Russian Federation is distinguished, which is considered as a single legal basis for the administrative proceedings carried out by the courts (including: the Supreme Court of the Russian Federation, courts of general jurisdiction, arbitration courts), and the administrative process carried out by the public administration (including: federal executive authorities, executive authorities of the subjects of the Russian Federation and local self-government bodies performing administrative and public functions, as well as organizations, which, by virtue of federal law, have the status of a state or other body for the purpose of performing certain administrative and public functions). With this approach, two components are distinguished in the structure of the administrative procedural legislation of the Russian Federation: 1) administrative-procedural legislation that forms the legal basis of judicial administrative proceedings; 2) administrative-procedural legislation that forms the legal basis of executive (non-judicial) judicial administrative proceedings. Developing the information-psychological approach developed in the theory of law, in relation to the scientific knowledge of the administrative process, administrative-indicating legal norms are distinguished, the analysis of which allows us to reveal the content, form and structure of the judicial administrative process, as well as the executive (non-judicial) administrative process and to establish an integrative relationship between them. Using such a scientific technique, the following is distinguished: 1) a group of administrative-indexing norms that establish discretionary (descriptive) information about judicial administrative cases; 2) a group of administrative-indexing norms that establish discretionary (descriptive) information about non-judicial administrative cases. By means of a differentiated analysis of the selected legal norms, it is argued: judicial and extrajudicial administrative cases are separated, differentiated concepts of administrative proceedings and administrative proceedings are introduced, the structure of judicial and executive (extra-judicial) administrative proceedings is revealed. Based on the developed scientific positions, the key proposals for the systematization of the judicial administrative process and the executive (non-judicial) administrative process in Russia are put forward. Summarizing the above, it is concluded that the presented integrative approach to understanding the administrative process and the proposals put forward on its basis for differentiated systematization of judicial and executive (extrajudicial) administrative process are the only true way to develop the Russian model of administrative process.
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Boiko, Iryna. "THE ROLE OF JUDICIAL PRACTICE IN THE FORMATION OF THE CONCEPT ADMINISTRATIVE PROCEDURE." Administrative law and process, no. 3 (30) (2020): 27–39. http://dx.doi.org/10.17721/2227-796x.2020.3.03.
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The article emphasizes the need to adopt a legislative act on administrative procedure in Ukraine,which is conditioned by the European integration aspirations of the state, human-centeredorientation of public administration. In the absence of a single law that would contain therules of administrative procedure, fragmentary legal regulation of the procedure for adoptingadministrative acts, case law plays a significant role in shaping the concept of administrativeprocedure. The purpose of the article is to study the case law in order to outline the positions formulated by the court to understand the content of the administrative procedure, the rulesthat make it up. The study used the following scientific methods: empirical, which was able totrack among a large number of court decisions, which formed positions that embody the basicprinciples and principles of the concept of administrative procedure, and theoretical, includinganalysis and generalization, which allowed to draw conclusions about the role of judicial practicein developing the basic foundations of administrative procedure. Legal procedure, interpreted bythe court as part of the rule of law and the rule of law, is an important guarantee against abuse bypublic authorities in decision-making and actions that must ensure fair treatment of the individual.As a result of the research it was found out that the courts have developed and outlined in theirdecisions a number of positions on understanding certain aspects of administrative procedure: theessence of legal procedure, its significance in administrative and legal regulation; the essence ofthe principle of legitimate expectations; regarding the assessment of the ratio of the violation ofthe administrative procedure with the legality of the adopted act; understanding of a person’s rightto be heard (or the right to participate in administrative proceedings); ensuring the legitimateinterest (trust) of the person in maintaining the administrative act; on the admissibility of evidencein administrative proceedings; impossibility of termination (cancellation) of an administrative act,the effect of which is exhausted by execution, as well as regarding the principles of implementationof discretion by the public administration. The article concludes that the case law forms the basicideas and conclusions that can be embedded in the doctrine of administrative procedure. Thus, infact, the courts fill the gaps in the legal regulation of the procedure for adopting administrative acts.
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Lawan, Mamman. "Abuse of powers of impeachment in Nigeria." Journal of Modern African Studies 48, no. 2 (2010): 311–38. http://dx.doi.org/10.1017/s0022278x10000212.
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ABSTRACTThe powers of impeachment provided under the Nigerian constitution provide a means of checking the excesses of certain executive officers who enjoy the privilege of constitutional immunity against civil or criminal proceedings while they remain in office. Instead of being invoked in appropriate circumstances, however, this article shows that these powers have been abused. It examines cases of impeachment at the state level during the Obasanjo administration and shows how constitutional provisions were flagrantly breached. It provides evidence that the federal government was complicit in such cases, even though under the federal structure by which Nigeria operates, impeachment at the state level is exclusively a state business. It argues that the abuses are a symptom of imbalance of power between the executive and the legislature as well as evidence of the limits of constitutionalism in the face of politics.
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Kononov, P. I. "Several Theses in Support of an Integrative Understanding of the Administrative Process." Siberian Law Review 18, no. 3 (2021): 328–38. http://dx.doi.org/10.19073/2658-7602-2021-18-3-328-338.
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An Author’s approach to substantiating the concept of an integrative understanding of the administrative process as a combination of two components is proposed: the executive administrative process and the judicial administrative process. The approaches that have developed in domestic legal science are refuted, according to which the legal process can take place only in the administration of justice, only in the resolution of disputes and in the presence of at least two disputing parties, and the administrative process is identified with administrative proceedings. Based on the interpretation of the norms of the Constitution of the Russian Federation, the article shows that each of the three branches of state power: legislative, executive and judicial, has its own procedural form of functioning. Such a procedural form of exercising executive power, according to the Author, is an extrajudicial (executive) administrative process. Examples are given that show the existence of a common algorithm for resolving administrative cases by both administrative-public bodies and courts, which indicates a single procedural nature of the corresponding types of judicial and extrajudicial activities and the absence of fundamental differences between them. The conclusion is substantiated that the legal enforcement process is the activity of the competent authorities to resolve any categories of individual legal cases, and the legal procedural procedure is the procedure for carrying out such activities, in connection with which they are related to each other as content and form. The Author concludes that the law enforcement process carried out by public administrative bodies, both positive and jurisdictional, can be characterized as an administrative process and is not, in contrast to administrative proceedings, a kind of administrative procedure. Administrative proceedings are considered as a meaningful category of executive administrative process, namely, as an activity for the consistent, stage-by-stage resolution of an administrative case. The close relationship and interdependence of executive and judicial administrative processes are shown, the presence of which indicates that these two types of process are constituent parts of a single whole - the administrative process as a general procedural category, in connection with which it is possible to properly construct and systematize the administrative procedural legislation of the Russian Federation.
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Tymchenko, Hennadii. "European standards in the field of civil proceedings: scientific problem formulation." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 305–14. http://dx.doi.org/10.33663/0869-2491-2021-32-305-314.
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Problem formulation. The article analyzes European standards in the field of civil proceedings. The need to change traditional approaches within the framework of civil procedural science, covering its conceptual and categorical framework, the methodology of studying law, and research subjects is substantiated. This need is due to, first of all, the growing influence of the concept of human rights and freedoms on the contemporary legal systems, as well as the models of procedural activity. Purpose and objectives of the study. The purpose of the article is to analyze the essence of the category of European standards in civil proceedings. Research methods. The methodological basis of the study is a set of general scientific and general legal methods and means of cognition of civil procedural law. It is argued that the system of European standards began to acquire serious shape and a certain completeness in the global dimension only in the middle of the 20th century as a result of the historical development of states. Having passed the path of its development within the framework of three generations of human rights, the concept of human rights has brought the problem of their ensuring to a qualitatively new level in terms of appropriate procedures and protection mechanisms. The natural result was the possibility of enshrining the minimum necessary list of human rights in the field of judicial protection in international legal instruments for the first time. In this sense, the very emergence of the term “standards in the field of ensuring the right to judicial protection” as a quite new phenomenon of legal doctrine and legislation was a logical extension of this movement, given the need for a global assessment of respect for human rights and freedoms and of national laws in terms of their compliance with the ideas of the rule of law. The correct use of the terms “procedure”, “legal proceedings”, “civil proceedings”, “judicial procedures”, “defense of a right” in relation to the standards under consideration is also important in the theoretical and applied context. We can speak of the possibility of their use only in the sense that they are all aimed at the cognition of the same phenomenon. Not all standards may have a fundamental character for legal proceedings, be within the scope of normative regulation, cover structurally all stages and proceedings, individualize procedural activities and determine the necessary scope of rights and obligations of its participants and the procedural position of the court. The issues of the content of standards in the field of ensuring the right to judicial protection in civil proceedings are considered. It is noted that the trend in the activities of the European judicial institution, especially given the unique perception of the Convention as a “living instrument”, will be the expansion of the methodology for understanding the rule of law and the formation of new approaches to its normative regulation, including such its aspects as related to ensuring the right to judicial protection and a fair trial. The vector of development of both national procedural legislation and deepening of legal and, first of all, procedural integration will be of no small importance. The approximation of the legislations of different states in order to achieve a certain degree of their consistency will also determine the emergence of new standards in the field of ensuring the right to judicial protection in civil proceedings. The standards in the field of civil proceedings may include the following: an independent and impartial tribunal with appropriate jurisdictional powers; procedural equality of the parties and the adversarial form of the proceedings; the right to legal aid; due notice and the right to be heard; language of legal proceedings; reasonable time frames for judicial procedures; autonomy of the parties; judicial administration of the proceedings; conciliation procedures; institutional and procedural accessibility of justice; public trial; responsibility for non-compliance with procedural obligations; burden of proof and obligations of the court and the parties in determining the elements of fact and law; the judgment and its reasoning; the immediate execution of judgements; appeal; and a number of others. Research conclusions. European standards in the field of civil proceedings should be considered as conceptual ideas reflecting the global context of the development and impact of the doctrine of human rights and recognized by the European community as inherent, determining the methodology for understanding their essence, including from the standpoint of the Convention and its interpretative results, as well as a model of ensuring these rights in terms of the requirements for legal proceedings as judicial procedures.
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Wilsher, Daniel. "Achieving Better Decision-making in Competition Enforcement Cases: A Public Law Perspective on the Role of the Executive and the Courts." World Competition 30, Issue 2 (2007): 263–90. http://dx.doi.org/10.54648/woco2007018.
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This article seeks to examine from a public law perspective some of the problems of the executive-driven system of competition enforcement as it operates in the United Kingdom. The problems experienced in this jurisdiction provide lessons for other countries that employ executive enforcement. The author believes that the complexity of competition proceedings has a tendency to lead to the undermining of important constitutional and public law values. The practice of the Office of Fair Trading and the review of its competition decisions by the Competition Appeal Tribunal are assessed. The problems for litigants and courts caused by persistent and serious defects at the executive stage are emphasised. The current practice leads to too many poorly reasoned decisions. A comparison between US, EU and British practice demonstrates that models exist which better reconcile constitutional values with executive enforcement. The article proposes methods of improving the relationship between courts and executive agencies to improve practice. There are three main suggestions. First, that executive bodies must use internal referees, rather like the Administrative Law Judges at the Federal Trade Commission, to achieve higher standards of public administration in their decision-making. Second, that courts should move towards a speedy, cheap but searching judicial review of executive decisions to ensure they comply with good administrative law standards. Third, only where executive decisions satisfy these standards should courts then engage in detailed consideration of the economic merits of the case. Courts should not attempt to reconstruct executive decisions or processes that have failed because to do so merely perpetuates the problem and undermines the guarantee of good administration at the executive level.
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Stakhov, Aleksandr I. "Judicial Protection of Individuals in an Administrative Procedure by Means of Administrative Proceedings." Administrative law and procedure 6 (June 17, 2021): 34–41. http://dx.doi.org/10.18572/2071-1166-2021-6-34-41.
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The article highlights and studies judicial protection of individuals and organizations (individuals) in the administrative process as a special way of implementing justice on the appeals of citizens and their associations for the protection of their rights, freedoms, and legitimate interests in the course of Executive (non-judicial) and judicial administrative processes from the perspective of an integrative understanding of the administrative process. Taking into account the direct effect of the norms of the Constitution of the Russian Federation, the legal basis for judicial protection of individuals in administrative proceedings consists of two components: 1) the constitutional basis for; 2) legal grounds. Conducted a comprehensive analysis of the legal norms that constitute the constitutional basis and a legislative basis for judicial protection of individuals in administrative process, in which: justified the constitutional right of individuals to protection in the administrative process through the administrative procedure; is General conclusion that the subject of this judicial protection are contested in courts decisions and actions (inaction) of administrativepublic bodies and officials; the author substantiates the allocation of administrative court cases on the protection of individuals in administrative proceedings, which are divided into separate categories depending on the nature of the legal consequences of disputed decisions, actions (inaction) of administrative and public authorities and officials, as well as the nature of the dispute being resolved. In accordance with art. 72 of the Constitution of the Russian Federation allocated administrative law and administrative procedural decisions and actions challenged in court, in administrative proceedings, is the typology that best reveals the current level of processualists administrative activities public administration, other administrative public authorities and administrative public officials operating in the Russian Federation, allows you to identify priority areas of optimization of administrative proceedings in cases of settlement of administrative law disputes.
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Koverznev, V. O. "INTERNATIONAL STANDARDS FOR ENSURING THE RIGHT OF ACCESS TO COURT FOR PARTICIPANTS OF ECONOMIC RELATIONS." Economics and Law, no. 3 (October 22, 2020): 34–42. http://dx.doi.org/10.15407/econlaw.2020.03.034.
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Transformation and sustainable development of modern countries is not possible without providing all participants in economic relations with equal access to justice, which should be based on respect for fundamental rights, the Rule of Law, transparent courts and the effective administration of justice, guaranteeing public access to information about activity of commercial courts. The term "access to court" is a complex legal category based on several basic criteria, the simultaneous provision of which guarantees the actual observance of a person's right to access to justice, in particular: 1) financial, which provides for the obligation of the state to establish such an algorithm for determining the amount of court costs, which takes into account the property of the party and does not create obstacles to the exercise of the right to go to court, while acting as a safeguard against abuse of the right to go to; 2) territorial, which provides that the system of courts of general jurisdiction should be built taking into account the territorial structure of the state, with local courts, which consider all cases as courts of first instance, should be territorially as close as possible to the person; 3) organizational — provides for the optimal organization of the judicial system, which should be simple and, at the same time, clear and effective, in the context of access to court and the procedure for protection of individual rights. In addition, both the system of general courts as a whole and each individual court of general jurisdiction must be established and carry out their procedural activities in strict accordance with national law; 4) informational, according to which each state must legislate to inform its citizens and business entities about the procedure for going to court, about the conditions of providing certain categories of socially vulnerable citizens engaged in business activities, professional legal assistance provided by lawyers at the expense of the state, as well as the cur rent procedural rules; 5) procedural, which guarantees the administration of justice on the basis of the Rule of Law, as well as impartiality and impartiality of the court and judges, reasonable timeliness of court proceedings, publicity of proceedings and promulgation of court decisions, proper motivation and justification of court decisions, ensuring effective execution of court decisions and respect for final court decision; 6) quality of legislation, which imposes on the state the obligation to adopt legislation that meets the requirements of accessibility and predictability, so that each person has the opportunity to obtain adequate information about the circumstances of the application of legal norms in a particular case.
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Pohrebniak, O. H. "DETERMINING INDIVIDUAL CATEGORIES OF ADMINISTRATIVE PROCEDURES FOR PUBLIC REGISTRATION OF CIVIL STATES WITH ACCOUNTING OF LEGISLATIVE TRANSFORMATIONS." Actual problems of native jurisprudence, no. 4 (August 30, 2019): 170–73. http://dx.doi.org/10.15421/391937.
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The article defines certain peculiarities of administrative proceedings of state registration of marriage and establishment of paternity in Ukraine. It has been established that the procedures for state registration of acts of civil status are types of administrative procedures, it should first be noted that the general normative act which should define the notions and peculiarities of such procedures should be the Law of Ukraine “On the administrative procedure” 2018, which at present time is a project and submitted to the VerkhovnaRada of Ukraine for consideration. As a rule, scholars agree that the administrative procedure is directly related to the activities of the public administration and is an established algorithm for the functioning of the subjects of power. In this case, the procedures for state registration of acts of civil status are no exception. They are a kind of administrative procedures and implemented by state authorities, and in certain cases, and by local self-government bodies. At the same time having its own peculiarities regarding the procedure for implementation and the subject structure of such procedures. It has been established that the modern development of domestic administrative legislation and the practice of its application testifies that at present the administrative procedure as an independent component of administrative law has not yet been fully formed, although, given the active theoretical developments of the representatives of the administrative and legal science on the pages of scientific, journalistic and educational publications concerning the concept, features, types and structure of administrative procedures, and referring to the active legislative development of this tyranny, it is safe to say that the process of the administrative procedure in the structure of administrative law is actively continuing. Therefore, on the basis of theoretical developments and practical features, the author’s understanding of the concept of “administrative procedure of state registration of acts of civil status” is determined. In addition, given the specific features of administrative proceedings for state registration of civil status acts, as well as for a more complete clarification of the status and authority of all participants in certain administrative procedures, the necessary additional introduction of the concept of “implementation of the administrative procedure” is argued. Such category will allow to find out the place, role and authority not only of the administrative body, but also other participants in administrative proceedings. Thus, under the implementation of an administrative procedure, it should be understood as the observance, execution, use and application of procedural steps directed at the consideration and resolution of an administrative case.
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Асаёнок, Борис Валерьевич. "Relationship inspection (administration) in administrative-procedural, criminal-procedural and criminal-executive legislation: legal and organizational-tactical aspects." Vestnik Kuzbasskogo instituta, no. 2(39) (June 20, 2019): 123–32. http://dx.doi.org/10.53993/2078-3914/2019/2(39)/123-132.
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Применение рекомендаций криминалистики в смежных с уголовным процессом сферах в настоящее время является одним из тех вопросов, который притягивает все большее и большее внимание криминалистов. Это касается прежде всего таких сфер, как пенитенциарная и административно-процессуальная. Вместе с тем, прямое заимствование тактики следственных действий и применение ее в указанных сферах показало свою малую эффективность. В связи с этим одним из приоритетных вопросов стала разработка самостоятельных криминалистических рекомендаций о тактике проведения, к примеру, поисковых мероприятий - осмотра (досмотра). Для уточнения ряда аспектов о совершенствовании тактико-криминалистического базиса существенным является сравнение с криминалистических и правовых позиций, используя опыт государств постсоветского пространства. The application of forensic recommendations in areas related to criminal proceedings is currently one of those issues that attracts more and more attention of forensic scientists. This concerns, first of all, such areas as penitentiary and administrative-procedural. At the same time, direct borrowing of tactics of investigative actions and its application in these areas showed its low efficiency. In this regard, one of the priority issues was the issue of developing independent forensic recommendations on the tactics of conducting, for example, search activities - inspection (search). In order to clarify a number of aspects on the improvement of the tactical and forensic basis, it is essential to compare the forensic and legal positions using the experience of the post-Soviet states.
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Tobing, Christina NM. "MENGGAGAS PENGADILAN HUBUNGAN INDUSTRIAL DALAM BINGKAI IUS CONSTITUENDUM SEBAGAI UPAYA PERWUJUDAN KEPASTIAN HUKUM DAN KEADILAN / INITIATING AN INDUSTRIAL RELATIONS COURT IN THE FRAMEWORK OF IUS CONSTITUENDUM AS AN EFFORT TO REALIZE LEGAL CERTAINTY AND JUSTICE." Jurnal Hukum dan Peradilan 7, no. 2 (2018): 297. http://dx.doi.org/10.25216/jhp.7.2.2018.297-326.
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Pengadilan Hubungan Industrial (PHI) dibentuk berdasarkan Undang-Undang No. 2 Tahun 2004 tentang Penyelesaian Perselisihan Hubungan Industrial. Ratio legis-nya adalah mewujudkan kepastian hukum dan keadilan melalui asas peradilan cepat, tepat, adil dan murah. Eksistensi PHI menimbulkan masalah, baik kemampuan pengetahuan pekerja/buruh tentang hukum formil maupun hukum ketenagakerjaan materil, proses lama, dan substansi hukum belum memadai. Tinjauan ini urgen dilakukan untuk identifikasi upaya yang dapat dilakukan agar ratio legis eksistensi PHI terwujud. Metode yang digunakan adalah penelitian hukum normatif dengan didasarkan pada pengkajian hukum positif, yaitu UU No. 2 Tahun 2004. Pendekatan yang digunakan adalah perundang-undangan untuk mengkaji asas-asas peradilan. Hasil tinjauan ini mengidentifikasi beberapa kelemahan, baik dari segi struktur hukum, substansi dan budaya hukum. Upaya untuk mengatasinya, yakni dengan membentuk PHI di setiap Pengadilan Negeri Kabupaten/Kota. Revisi UU No. 2 Tahun 2004 yakni : pengaturan yang memperluas pengertian subjek hukum pekerja/buruh dan pengusaha; lembaga konsiliasi dan arbitrase dipertimbangkan keberadaannya; pengaturan upaya hukum kasasi yang nilai gugatannya di bawah Rp.150 juta dihapus; pengaturan pailit dikategorikan sebagai keadaan mendesak dalam pemeriksaan acara cepat sinkron dengan ketentuan UU No. 37 Tahun 2004 tentang Kepailitan dan Penundaan Kewajiban Pembayaran Utang; pengaturan khusus mengenai eksekusi putusan PHI dan pengaturan tidak memperkenankan upaya hukum PK dalam proses eksekusi. Kepastian hukum batas waktu proses administrasi perkara hingga pelaksanaan putusan. Optimalisasi pemanfaaatan sarana Informasi Teknologi (IT) dalam proses administrasi perkara, khususnya pemanggilan “delegasi”.The Industrial Relations Court (IRC) is instituted based on Law No. 2 of 2004 on Settlement of Industrial Relations Disputes. The ratio legis is to realize legal certainty and justice through the principle of fast, precise, fair and cheap judicial process. The existence of the IRC poses some problems with respect to the knowledge competence of workers/laborers in formal law and material employment law, as well as the lengthy process and insufficient legal substance. A review on this matter is urgently needed to identify the efforts that can be made so that the ratio legis for the existence of IRC can be established. The method used is a normative legal research method based on the study of positive law, namely Law No. 2 of 2004. The approach is using legislation to examine the principles of judicial process. The results of this review have identified several weaknesses in terms of legal structure, legal substance and legal culture. An effort to overcome them is by instituting an IRC in every District/Municipal Court. The revisions made to Law No. 2 of 2004 include: a regulation that broadens the definition of the legal subjects workers/laborers and employers; consideration of the existence of conciliation and arbitration institutions; revocation of the regulation on the appeal to the highest court for lawsuits below Rp 150 million in value; a regulation on bankruptcy to be categorized as an urgent situation in examinations by fast proceedings, consistent with the provisions of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations; a specific regulation on the execution of IRC decisions and a regulation that does not allow the legal remedy of judicial review in the execution process; legal certainty with respect to the limit on the time frame from the case administration process up to the execution of the decision; optimization of the use of Information Technology (IT) facilities in the case administration process, especially in summoning the “delegates”.
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HALAI, Mykhailo, and Ihor KOSIAK. "Public interest in administrative law." Economics. Finances. Law, no. 5/1 (May 26, 2021): 37–40. http://dx.doi.org/10.37634/efp.2021.5(1).8.
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Today the concept of “public interest” plays a significant role in public law. It would then be important to define the concept for better understanding and application in administrative law. The paper is devoted to the analysis of the definition of «public interest». The uncertainty of the concept in the legislation is noted. The questions of genesis of concept of «interest» in law; division of right into private and public; division of interest into private and public interest. Considered views on the definition of interest in law. The exercise of public interest by organs of public administration by issuing administrative acts is specified. The meaning of public interest has been defined. The role of public interest in the activities of public administration bodies has been established. The importance of balancing individual and collective interests was emphasized. The types of public interest are defined, and the concept of public interest in administrative law is enshrined in domestic legislation. The ambiguity of the legal acts defining the types of public interest that are laid down in the legislation is indicated. Special features of public interest have been formed. It is further stated that the public interest is the content of the legal relationship between citizens and the public administration. The importance of State guarantees for the possibility of realizing a public interest has been established. With the help of the powers of the local State administrations, signs of public interest were examined. It has been established that it is possible for public authorities to define the concept of public interest. The use of types of public interest in legal proceedings, the safeguarding and realization of public interest by administrative law and the importance of a legislative definition of public interest have been proved. The opinion defines the concept of public interest in administrative law as a set of private interests in administrative legal relations which (aggregate) It is provided by appropriate legal means and is implemented through executive administrative acts. In addition, the report indicates the main features of public interest.
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Suvorov, E. D. "On the Issue of the Concept of Bankruptcy." Lex Russica, no. 11 (November 15, 2020): 21–34. http://dx.doi.org/10.17803/1729-5920.2020.168.11.021-034.
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The paper justifies the statement concerning the multiplicity of the concept of “bankruptcy”, and interpretes the relevant meanings. The author states that bankruptcy can be considered as: 1. an economic condition, failure to satisfy creditors’ claims, including the failure recognized by the court; 2. a procedure; 3. an objection on behalf of the debtor; 4. a basis for a special settlement regime with creditors and such a special settlement regime itself; 5. a type of enforcement proceedings; 6. a way of authorizing insolvency; 7. a model of administration; 8. a basis and order of liquidation of a legal entity. A preliminary agreement concerning the meaning of the term “bankruptcy” is necessary at all stages of the life of law: when a rule of law is created, applied and when it is being subjected to doctrinal debates aimed at identifying its meaning. Particular attention in the paper is paid to the concepts of insolvency and property insufficiency. The author argues that it is necessary to distinguish the signs of bankruptcy from insolvency, and the former from the grounds for initiating proceedings. In author’s opinion, the introduction of the category of insufficiency of property in 2009 as grounds for mandatory filing for bankruptcy by the debtor’s principal was a step backwards and does not meet the needs of the modern economy. To remedy the situation, the Supreme Court of the Russian Federation introduced the category of objective bankruptcy that is also ambiguous. The paper also focuses on bankruptcy as a special settlement regime with creditors based on the application of the principle of equality of creditors (pari passu). It is stated that this principle is the reason for the emergence, along with the executive proceedings, of a special regime, namely: bankruptcy.
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Berdinskikh, Svetlana V. "On the subject of the prosecutor's activities for the judicial protection of public interests in the use and protection of specially protected natural areas." Russian Journal of Legal Studies (Moscow) 7, no. 4 (2021): 79–86. http://dx.doi.org/10.17816/rjls43590.
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The prosecutor's judicial protection of public interests in the use and protection of specially protected natural areas is a cross-functional, complex, non-inspection area of the prosecutorial activity. The conceptual apparatus of activity is currently not fully formed. The key concept is the subject of activity, the correct understanding of which depends on the correct setting of goals, tasks, and the effective implementation of the powers granted to the prosecutor. The author, on the basis of the established approaches to understanding the subject matter of prosecutorial activity, the concept of a single and general subject matter of activity, and the objectives of the proceedings, formulated a single subject matter of the prosecutor's activity for the judicial protection of public interests in the use and protection of specially protected natural areas. It includes the protection of public interest regarding the use and protection of specially protected natural areas, compliance with the laws of acts (omissions) and decisions of persons, including persons involved in the case, the legality and validity of court decisions in order to actually eliminate the revealed violations of law on specially protected natural areas, compensation for harm, and ensuring the inevitability of punishment of violators.
 In addition, the general subject of the prosecutor's activities to protect public interests in the use and protection of specially protected natural areas in general consists of the subject of prosecutorial supervision over the implementation of the Constitution and laws of the Russian Federation, including laws concerning specially protected natural areas, the subject of prosecutor's supervision at the pre-trial stage of criminal proceedings, the subject matter of participation in the consideration by the courts of cases in all types of proceedings for the protection of public interests in the use and protection of protected persons, the subject of supervision of the enforcement of laws by bailiffs by administrations of institutions and bodies, enforcing punishment, in the execution of court decisions in cases of violations in the field of the use and protection of protected persons, the subject of coordination, and subjects of participation in law-making activities.
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Ellis, Robert P., L. Susanne Squires Ellis, and Erwin M. Kohler. "The history of the Conference of Research Workers in Animal Diseases (CRWAD) 1920–2014." Animal Health Research Reviews 16, no. 2 (2015): 177–92. http://dx.doi.org/10.1017/s1466252315000201.
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AbstractThe following history has been compiled and written by the authors. The historical facts are available from the Conference of Research Workers in Animal Diseases (CRWAD) archives, dating back to letters and summaries written by the founders, and by a few of the Secretary-Treasurers from the early decades through 2014. The Organization and Purpose: The CRWAD is a non-profit organization and has been since its origin. The sole purpose of CRWAD is to discuss and disseminate the most current research advances in animal diseases. Graduate students and industry and academic professionals present and discuss the most recent advances on subjects of interest to the CRWAD and of importance to the global livestock and companion animal industries. The oral and poster abstracts of new and unpublished data presented at the meeting sessions are published each year in the CRWAD Proceedings (formerly the CRWAD Abstracts). CRWAD publishes, copyrights, and distributes the Proceedings. The presentations are arranged into the following 10 sections, according to the primary topic of the presentation: Bacterial Pathogenesis, Biosafety and Biosecurity, Companion Animal Epidemiology, Ecology and Management of Foodborne Agents, Epidemiology and Animal Health Economics, Immunology, Pathobiology of Enteric and Foodborne Pathogens, Respiratory Diseases, Vector-Borne and Parasitic Diseases, and Viral Pathogenesis. Prospective members should be actively engaged in animal disease research or research administration. Meeting information and membership applications may be obtained by contacting the Executive Director or by visiting the CRWAD website. Annual abstracts are currently available on-line at the On-line Meeting Planner and Itinerary Builder, with access through the CRWAD website.
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Прокопенко, О. Ю., and В. І. Кравцов. "Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions." Law and Safety 80, no. 1 (2021): 55–61. http://dx.doi.org/10.32631/pb.2021.1.07.
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The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities.
 The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office.
 The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community.
 Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.
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Karamzadeh, Amin, and Zahra Feiz. "Principles Governing a Fair Trial under Islamic Jurisprudence and International Law." International Journal of Multicultural and Multireligious Understanding 8, no. 2 (2021): 452. http://dx.doi.org/10.18415/ijmmu.v8i2.2359.
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A fair trial along with the preservation of human dignity is one of the most important features of Islamic judicial measurement and is a guarantee for individuals to enjoy the fundamental principles of human rights such as freedom and equality. The administration of judicial justice is not only possible due to the existence of substantive laws, but also its executive and formal methods have a prominent and important role in this field, which is also understood by the international judicial system today. However, the weakness of human thought in formulating comprehensive and efficient laws prevents the realization of justice and the achievement of a fair trial. The present article - with a descriptive-analytical method - deals with the formal and principled laws in a fair trial from the perspective of the Islamic judicial system and concludes that the Islamic judicial system includes principles that guarantee the rights of the accused to the highest degree and observe and include this Formal principles and rules in law are a step towards establishing justice in judicial proceedings; However, these laws have been approved and emphasized much earlier than other systems along with the preservation of human dignity in the Islamic judiciary.
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Banchuk, Oleksandr. "The concept of administrative control and supervision: Ukrainian experience and European approaches." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 385–93. http://dx.doi.org/10.33663/0869-2491-2021-32-385-393.
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In the publication the author considers the concept and content of administrative control (supervision) in the context of European experience. In contrast to the domestic approach, the doctrine and legislation of European countries mainly use the term “administrative control” in the opposite sense - as control over public administration, and not vice versa, as the administration’s control over society and its individual representatives. Such a definition of control (supervision) in Ukraine has a negative consequence in the form of combining within one legal institution two different forms of activity - control over the administration and inspections of individuals. It also leads to a distinction between inspection activities and the provision of administrative services. This loses the mission of the administrative body - either to provide services or to carry out inspections. These types of administrative activities are fundamentally different and can not be performed by the same representatives of the same department. There are such differences: - initiation of proceedings (in the procedure of providing services - a person, and in the procedure of inspection - the administrative body); - completeness of the necessary documents for decision-making (in the procedure of providing services - the list of documents is provided by the person, and during the inspection - the body independently determines the amount of documents in accordance with the law); - the need of involving other interested persons (in the procedure of providing services - it is preferable to involve interested persons, and during the inspection - such persons are usually not needed). According to the Law of Ukraine “On Central executive bodies” the executive body is formed as an inspection if only most of its functions are control and supervisory functions for compliance by state bodies, local governments, their officials, legal entities and individuals of acts of legislation (article 17 of the Law). Ukrainian legislation does not comply till now with this concept and allows inspections not only by inspections, but also by other state bodies (ministries, agencies and services). In this case, there is currently a nonconformity between the name of the public authority and the powers it exercises. To correct these shortcomings, it is proposed to change the name of this activity to “coercive powers”, “interfering powers”, “police powers”. Each of the proposed terms has certain advantages and disadvantages, but they all have a positive in comparison with the current situation, when the concept used is contrary to the European administrative and legal tradition. The analysis of the concept of administrative supervision and control in Ukraine and the relevant european experience shows the following conclusions: - inconsistency of the ukrainian understanding of administrative control (supervision) with european legal doctrine and practice; - the need for using of the concept “administrative control (supervision)” only for control over the activities of the public administration; - the need of implementation new term for inspections of administrative bodies vs. individuals. The best term will be “inspection powers”; - incorrect consideration of the procedure for providing administrative services as part of the control procedure.
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Markova, O. "Comparative legal analysis types of administrative procedure." Юридичний вісник, no. 3 (October 5, 2020): 29–37. http://dx.doi.org/10.32837/yuv.v0i3.1902.
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The author conducts a comparative legal study of the types of administrative procedure, using the experience of the United States, France and Poland in order to form a conceptual overview and a systematic approach to the typology of administrative procedure.The author monitors the procedural legislation of the above countries in order to consolidate the types of administrative procedure.In the course of research the author comes to conclusions, in particular: in the USA types of administrative procedure depend on type of rule-making. In accordance with the provisions of the US Federal Act “On Administrative Procedure” distinguish: formal rulemaking, informal, exclusive, hybrid and conciliatory. The approach of the Polish legislator to the types of administrative proceedings differs from the approach of the American legislator in a differentiated nature. The Code of Administrative Procedure reflects the general approach, as the types of proceedings presented in it cover the main activities of public administration bodies, and as for special – the legislator has provided for special regulation.In the legislation of many foreign countries, the general model of administrative procedure is fixed at the level of the Law or Code.As for the Ukrainian legislation, today, the Law “On Administrative Procedure” is absent, therefore, all procedures automatically become special. Details of various aspects of various types of administrative procedures take place both at the level of special laws and at the level of by-laws issued by other executive bodies. The list of these acts is so extensive and heterogeneous that there can be no question of the full compliance of the provisions embodied in them with each other. Moreover, such a variety obviously causes difficulties with the search for anapplicable norm for a private individual who is faced with a particular administrative procedure, and even for officials.The conducted comparative analysis of the species diversity of the administrative procedure will help us: firstly, to formulate a comprehensive vision and develop a unified approach, secondly, to rethink the conceptual framework within which the administrative procedure operates, and thirdly, it will provide an opportunity to introduce proposals into the project legislation.
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Hryhorenko, A. "PROBLEMS OF USING THE METHOD OF RECONSTRUCTION WHILE LEGAL ACTIVITY." Theory and Practice of Forensic Science and Criminalistics 22, no. 2 (2020): 96–111. http://dx.doi.org/10.32353/khrife.2.2020.08.
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The peculiarities of using the method of reconstruction as a forensic method not only while pre-trial investigation of crimes, but also in the process of carrying out other types of legal activity are considered. The forensic essence of investigative, prosecutorial, advocacy and judicial activity is analyzed. Peculiarities of execution of forensic method of reconstruction while implementation of these types of legal activity are determined.
 The conclusion as to inter-branch nature of criminalistics as a science has been drawn. On the example of implementation of the method of reconstruction, it is determined that application of criminalistics provisions is the basis for other types of legal activity.
 The importance of the method of reconstruction in investigative activity is substantiated which is due to its retrospective nature. The process of reproduction serves as the basis for the possibility to discover the events of a criminal offense by investigators.
 Application of the method of reconstruction while implementation of prosecutorial activity is studied. Its pervasive nature during participation in criminal proceedings which are conditioned by the need for a prosecutor to exercise both procedural guidance and support for public prosecution in court has been established.
 The problems of advocacy implementation from forensics perspective are analyzed. The need for constant implementation of the process of reproduction of corresponding processes, phenomena, actions and events while implementation of this type of activity has been established.
 Peculiarities of application of the reconstruction method during implementation of judicial activity are considered. The process of reproduction is defined as the basis for administrating justice by considering legal disputes, criminal charges, and issuing court’s judgement.
 The impossibility of implementation of investigative, prosecutorial, lawyer and judicial activities without application of the method of reconstruction is highlighted. The definition of the method of reconstruction as a basis for discovering events, phenomena, processes that existed in the past and are important for implementation of these types of legal activities is substantiated.
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Kim, Keon-ho. "Qualified Acceptance and Civil execution Proceedings." Yonsei Law Review 27, no. 4 (2017): 299–326. http://dx.doi.org/10.21717/ylr.27.4.8.
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Bondaruk, T. H., L. Ye Momotiuk, and O. S. Bondaruk. "Budget Security as Factor of Economic Development of the State." Statistics of Ukraine 89, no. 2-3 (2020): 40–47. http://dx.doi.org/10.31767/su.2-3(89-90)2020.02-03.05.
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A system analysis of the core threats to the budgetary security of the state shows that the current performance of the budgetary system in Ukraine was formed under the pressure of destructive external and internal risks aggravating the budgetary security problem. The article’s objective is to deepen theoretical and methodological foundations for the assessment of core threats to the budgetary security of the state. 
 It is demonstrated that the occurrence of external and internal threats to the budgetary security is characterized by the following tendencies: high level of GDP redistribution through the budgetary system; the growing figures of the total public debt, the government guaranteed debt and the payments to service and repayment of the public debt in Ukraine; the persisting high deficit of the public budget; high level of centralization of the budgetary funds. 
 It is substantiated that the execution of budget revenues involves two main dimensions of risk activities, which are the threats related with the proceeding of taxes and other categories of obligatory payments to the budget, and the administrative threats stemming from the existing system of tax administering. The impact of the first group of threats can be minimized by building up a rational budgetary system with the optimal level of fiscal burden. Minimization of the impact from the second group of threats will enable for the effective work of government bodies charged with administering and control. 
 The factors that cause risks and threats of budget losses resulting from failures in the budget revenues administration system are determined: risks which occurrence will result in the budget revenues never reaching the expected levels due to the inefficiency of forecasting and planning of budget revenues and failures in the routine operation process, first and foremost when mobilizing payments to the budget; risks of the excessive costs with the occurrence of which the costs for guaranteeing the projected figures of budget revenues by revenue category will exceed the economically viable ones; risks of the violation of the law, and risks of budget revenues administering per se.
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Bondaruk, T. H., L. Ye Momotiuk, and O. S. Bondaruk. "Budget Security as Factor of Economic Development of the State." Statistics of Ukraine 89, no. 2-3 (2020): 40–47. http://dx.doi.org/10.31767/su.2-3(89-90)2020.02-03.05.
Full textAbstract:
A system analysis of the core threats to the budgetary security of the state shows that the current performance of the budgetary system in Ukraine was formed under the pressure of destructive external and internal risks aggravating the budgetary security problem. The article’s objective is to deepen theoretical and methodological foundations for the assessment of core threats to the budgetary security of the state. 
 It is demonstrated that the occurrence of external and internal threats to the budgetary security is characterized by the following tendencies: high level of GDP redistribution through the budgetary system; the growing figures of the total public debt, the government guaranteed debt and the payments to service and repayment of the public debt in Ukraine; the persisting high deficit of the public budget; high level of centralization of the budgetary funds. 
 It is substantiated that the execution of budget revenues involves two main dimensions of risk activities, which are the threats related with the proceeding of taxes and other categories of obligatory payments to the budget, and the administrative threats stemming from the existing system of tax administering. The impact of the first group of threats can be minimized by building up a rational budgetary system with the optimal level of fiscal burden. Minimization of the impact from the second group of threats will enable for the effective work of government bodies charged with administering and control. 
 The factors that cause risks and threats of budget losses resulting from failures in the budget revenues administration system are determined: risks which occurrence will result in the budget revenues never reaching the expected levels due to the inefficiency of forecasting and planning of budget revenues and failures in the routine operation process, first and foremost when mobilizing payments to the budget; risks of the excessive costs with the occurrence of which the costs for guaranteeing the projected figures of budget revenues by revenue category will exceed the economically viable ones; risks of the violation of the law, and risks of budget revenues administering per se.
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Panasiuk, O. V. "Issues of Defining Administrative and Tort Relations as an Object of Legal Research." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (2020): 164–77. http://dx.doi.org/10.32631/v.2020.2.16.
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The concept of administrative and tort relations, their social nature, features (properties, characteristics), specific features as a type of administrative and legal relations, structure (objects, subjects and content) and types of administrative and tort relations have been characterized. The grounds for the origin, change and termination of administrative and tort relations, their separation from other similar relations have been highlighted.
 The author has distinguished three groups of subjects of administrative and tort relations. The first group of subjects are persons prosecuted for administrative torts. The second group includes the subjects of administrative and tort relations on the part of the state (agencies, officials). The third group of subjects includes all others (a victim, a lawyer, witnesses, etc.).
 The following stages of administrative and tort relations have been distinguished: initiation of the case, consideration and resolution of the case, execution of the decision (resolution) in the case, appeal and protesting the resolution.
 A number of characteristic features of administrative and tort relations inherent in other types of relations have been singled out. Administrative and tort relations have been compared with criminal and civil relations.
 The peculiarity of the subject composition of administrative and tort relations has been determined, based on the presence of a public administration authority and its officials as a subject of administrative jurisdiction. Specific features of administrative and tort relations have been distinguished.
 It has been determined that the structure of individual administrative and tort relations consists of subjects, object and content. Subjects of administrative and tort relations have been classified with the following types: 1) administrative offenders, as well as legal representatives of juvenile offenders; 2) officials authorized to use administrative coercion to prevent or terminate administrative offenses; 3) persons with administrative and jurisdictional powers; 4) persons who implement (perform) administrative penalties; 5) persons who are the third party in cases on administrative offenses.
 The author has raised the topical and debatable issue of the legal status of legal entities of private and public law within administrative and tort relations (in particular, their tort legal ability).
 Administrative and tort relations differ according to the subject that applies the norms of the Code of Ukraine on Administrative Offenses, i.e., based on the jurisdiction of cases of administrative offenses, the scope of administrative and tort relations, and depending on the stages and phases of proceedings on administrative offenses. It has been also noted that administrative and tort relations can be divided into property and non-property, material and procedural, those that occur within administrative procedure and those that occur within court procedure, etc.
 It has been concluded that there is a relatively separate area of relations – administrative and tort sphere among the variety of legal relations in Ukraine. Therefore, there is an objective need for the formation of administrative and tort law.
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Kouba, Tomáš. "Tax Enforcement of Execution and Insolvency Proceedings." Acta Oeconomica Pragensia 25, no. 3 (2017): 57–67. http://dx.doi.org/10.18267/j.aop.582.
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Burmagin, S. V. "Problematic Issues of Adversarial Construction of Judicial Proceedings at the Stage of Execution of the Sentence." Actual Problems of Russian Law 15, no. 9 (2020): 93–103. http://dx.doi.org/10.17803/1994-1471.2020.118.9.093-103.
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An adversarial nature of any trial, characteristic of justice and corresponding to its nature, is manifested in criminal proceedings not only in criminal cases, but also in cases addressing issues related to the execution of the sentence. The paper examines the peculiarities of the adversarial construction of judicial proceedings at the stage of execution of the sentence pre-conditioned by the tasks and the specific subject of judicial proceedings in a particular category of cases. The author elucidates the specifics of the conflict relationship, the essence of the legal dispute and the subject composition of procedural parties in cases where issues related to the execution of punishment are resolved. Also, the author analyzes the problems of ensuring equality of the parties and the undefined role of the prosecutor at the execution stage, suggests ways to address them at the legislative level. Finally, it is concluded that there is a need to improve the procedural form of dealing with issues related to the execution of sentences in accordance with the principles of adversarial proceedings and equality and taking into account the peculiarities of their manifestations in judicial proceedings arising during the execution of the sentence.
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Селезнев, Владимир, and Vladimir Seleznev. "Execution of Several Administrative Punishments." Journal of Russian Law 4, no. 2 (2016): 0. http://dx.doi.org/10.12737/17648.
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Increasing of efficacy of judicial acts proceedings is an actual problem of the governmental management. There are many changes that have been inserted in Code of the Russian Federation on Administrative Violations, nevertheless there are questions about legal norms certainty, legal regulation system conformity including the part of administrative punishment execution. Several questions concerning execution of these kinds of administrative punishments such as administrative financial penalty, administrative suspension of activities, administrative exile of foreign citizen or stateless person outside the Russian Federation, compulsory work are considered in the article. The attention is paid to problems of legislation imperfection that regulates the order of judicial acts proceedings in cases on administrative violations, which can tend to violations of warranties in governmental protection of rights, liberties and legitimate interests of people. The author has formulated the suggestions about making amendments to Code of the Russian Federation on Administrative Violations in order to increase the efficacy of law-enforcement activity in judicial acts proceedings.
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Shabanov, Vyacheslav B., Lyudmila Yu Budanova, and Vladimir P. Kramarenko. "Execution of a Sentence – an Independent Stage of Criminal Proceedings." Penitentiary science 14, no. 4 (2020): 560–65. http://dx.doi.org/10.46741/2686-9764-2020-14-4-560-565.
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The article investigates how the notion “execution of a sentence” was formed and analyzes the content of the stage of execution of a sentence as an independent part of criminal procedure, examines legal issues of criminal proceedings within the stage of execution of a sentence, and puts forward some ways to improve it. The fact that court activities aimed at considering and resolving issues related to the execution of a sentence are defined as part of criminal procedure rather than as an independent stage is a subject for debate, because this activity may or may not take place. But we agree with those scholars who believe that the stage such as the presentation of a sentence for execution always emerges during sentencing, and the analogy with the stage of launching criminal investigation allows us to conclude that, that further criminal proceedings may occur several times or may not occur at all and thus form an independent stage of criminal procedure. We studied the opinions and statements of practitioners and scholars in the field of criminal procedure concerning the role and importance of criminal proceedings aimed at the execution of a sentence as an independent stage of criminal procedure, institution of criminal procedural law, a separate phase of criminal procedure and the theoretical arguments as to the essential nature and meaning of the execution of a sentence in criminal procedure. We conclude that criminal proceedings aimed at presenting the sentence for execution, consideration and resolution by the court of the issues related to its execution form the content of an independent stage of criminal procedure, which has all the necessary and characteristic features. Key words: execution of a sentence; stage of criminal procedure; subjects of execution of a sentence; criminal justice; criminal proceedings.
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de Londras, Fiona, and Kanstantsin Dzehtsiarou. "MISSION IMPOSSIBLE? ADDRESSING NON-EXECUTION THROUGH INFRINGEMENT PROCEEDINGS IN THE EUROPEAN COURT OF HUMAN RIGHTS." International and Comparative Law Quarterly 66, no. 2 (2017): 467–90. http://dx.doi.org/10.1017/s002058931700001x.
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AbstractNon-execution of the judgments of the European Court of Human Rights is a matter of serious concern. In order to address it, the reasons for and dynamics of non-execution need to be fully considered. This paper engages with non-execution by sketching the underpinning issues that help to explain it and, we argue, must shape our responses to it. Through this engagement, we conclude that non-execution is properly understood as a phenomenon that requires political rather than legal responses. This calls into question the usefulness of the infringement proceedings contained in Article 46(4) of the Convention and which it has recently been suggested ought to be embraced in attempts to address non-execution. We argue that, even if the practical difficulties of triggering Article 46(4) proceedings could somehow be overcome, the dynamics of non-execution suggest that such proceedings would be both futile and counterproductive, likely to lead to backlash against the Court and unlikely to improve States’ execution of its judgments.
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Shabanov, V. B., L. Yu Budanova, and V. P. Kramarenko. "Execution of a Sentence – an Independent Stage of Criminal Proceedings." Penitentiary science 14, no. 4 (2020): 485–92. http://dx.doi.org/10.46741/2686-9764-2020-14-4-485-492.
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The article investigates how the notion “execution of a sentence” was formed and analyzes the content of the stage of execution of a sentence as an independent part of criminal procedure, examines legal issues of criminal proceedings within the stage of execution of a sentence, and puts forward some ways to improve it. The fact that court activities aimed at considering and resolving issues related to the execution ofa sentence are defined as part of criminal procedure rather than as an independent stage is a subject for debate, because this activity may or may not take place. But we agree with those scholars who believe that the stage such as the presentation of a sentence for execution always emerges during sentencing, and the analogy with the stage of launching criminal investigation allows us to conclude that, that further criminal proceedings may occur several times or may not occur at all and thus form an independent stage of criminal procedure. We studied the opinions and statements of practitioners and scholars in the field of criminal procedure concerning the role and importance of criminal proceedings aimed at the execution of a sentence as an independent stage of criminal procedure, institution of criminal procedural law, a separate phase of criminal procedure and the theoretical arguments as to the essential nature and meaning of the execution of a sentence in criminal procedure. We conclude that criminal proceedings aimed at presenting the sentence for execution, consideration and resolution by the court of the issues related to its execution form the content of an independent stage of criminal procedure, which has all the necessary and characteristic features.
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Arias Domínguez, Ángel. "Crónica de jurisprudencia laboral internacional. Julio / diciembre 2016 = Chronicle of international labor jurisprudence. July / december 2016." CUADERNOS DE DERECHO TRANSNACIONAL 9, no. 2 (2017): 593. http://dx.doi.org/10.20318/cdt.2017.3888.
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desproporcionado del precepto penal que castiga las coacciones de los piquetes informativos termina con una serie de recomendaciones al Gobierno para que informe al Comité sobre el devenir de los procedimientos penales todavía abiertos, interesándose, particularmente, por determinadas procedimientos que terminaron con condenas penales.El Tribunal de Justicia de la Unión ha dictado seis resoluciones que afectan a España en el período de referencia, sobre los siguientes temas: discriminación de los funcionarios interinos para acceder a complementos económicos solamente destinados para funcionarios de carrera; efectos jurídicos de la reiteración de contratos de duración determinada; calificación de la prestación de servicios de duración determinada; calificación jurídica de relación de servicios profesionales de duración determinada y abono de indemnización por extinción del vínculo contractual; discriminación por razón de edad para el acceso al empleo público (policía); y despido disciplinario en situación de incapacidad temporal de larga duración.En el ámbito del TEDH tres resoluciones han sido relevantes. Una referida a la incorrecta ejecución civil de un bien de los dos ex–esposos por deudas contraídas con la Tesorería General de la Seguridad Social; otra relativa a la incorrecta ejecución de una movilidad de funcionarios, con graves perjuicios para uno de ellos, y una tercera referida a la denegación de una solicitud de asilo basada en ser perseguida la solicitante en su país de origen por su condición sexual.Palabras clave: reprensión penal del derecho de huelga y protección internacional del derecho a la libertad sindical, imposibilidad de acceso del funcionario interino a complementos económicos típicos del funcionario, reiteración fraudulenta de contratos de duración determinada, calificación de la prestación de servicios de duración determinada para diversas administraciones públicas, relación laboral de duración determinada y abono de indemnización por extinción del contrato, discriminación por razón de edad para el acceso al empleo público (policía), despido en situación de incapacidad temporal de larga duración, ejecución de un bien por deudas contraídas con la Seguridad Social, traslado de funcionarios y derecho a renunciar al solicitado y no concedido definitivamente, solicitud de asilo basada en su condición sexual.Abstract: The complaint to the Committee on Freedom of Association regarding the disproportionate use of the penal provision which punishes the coercion of information piques ends with a series of recommendations to the Government to inform the Committee on the evolution of criminal proceedings still open, For certain procedures that ended with criminal convictions.The Court of Justice of the Union has issued six resolutions affecting Spain in the reference period, on the following subjects: discrimination against temporary staff to access economic supplements only for career officials; Legal effects of the repetition of fixed-term contracts; Qualification of the provision of fixed-term services; Legal qualification of relation of professional services of determined duration and payment of indemnification by extinction of the contractual link; Discrimination on grounds of age for access to public employment (police); And disciplinary dismissal in situations of long-term incapacity.Within the scope of the ECHR, three rulings have been relevant. One related to the incorrect civil execution of a property of the two ex-spouses for debts contracted with the General Treasury of the Social Security; One relating to the incorrect execution of a mobility of civil servants with serious detriment to one of them and a third relating to the refusal of an application for asylum based on the applicant being persecuted in his country of origin for his sexuality.Keywords: criminal rebuke of the right to strike and international protection of the right to freedom of association, impossibility of access of the temporary official to economic complements typical of the official, fraudulent repetition of fixed-term contracts, qualification of the provision of services of determined duration for diverse public administrations, fixed-term employment relationship and payment of compensation for termination of the contract, discrimination on grounds of age for access to public employment (police), dismissal in situation of temporary incapacity of long duration, execution of a good for debts contracted with Social Security, transfer of officials and right to waive the requested and not granted definitively, application for asylum based on your sexual status.