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Journal articles on the topic 'Representation in administrative proceedings'
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1
Telegin, Aleksandr S. "Representation in the Proceedings on Administrative Cases and Administrative Legal Proceedings: Comparative Analysis." Administrative law and procedure 4 (April 15, 2021): 6–10. http://dx.doi.org/10.18572/2071-1166-2021-4-6-10.
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The article analyzes individual problems of the implementation of the institution of representation in administrative and procedural activities, studies the mechanism of its implementation in proceedings on cases of administrative offenses and administrative proceedings, substantiates the need to improve regulatory regulation
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Wszołek, Michał. "REPRESENTATION UNDER PETITIONARY PROCEEDINGS AND PROCEEDINGS IN THE MATTER OF COMPLAINTS AND PROPOSALS." Roczniki Administracji i Prawa 2, no. XX (2020): 207–18. http://dx.doi.org/10.5604/01.3001.0014.1708.
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The article discusses the issue of representation under petitionary proceedings and proceedings in the matter of complaints and proposals. The above mentioned issue has been analysed within the context of relations between provisions on administrative proceedings in cases individually decided by way of administrative decision and provisions of the above mentioned proceedings due to lack of regulation on representation in parts of legal texts directly concerning them. The author’s goal is to present the theoretical basis of the representatives’ actions in above mentioned proceedings. Consequently, the article is supported by opinions of legal scholars specialised in administrative procedural law and theoreticians of law, contains analysis of the rule concerning application mutatis mutandis of provisions on administrative proceedings in cases individually decided by way of administrative decision in petitionary proceedings and analysis of application of provisions on administrative proceedings in cases individually decided by way of administrative decision in proceedings in the matter of complaints and proposals based on analogy.
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Roos, MC. "Die reg op regsverteenwoordiging tydens administratiewe verrigtinge." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 1 (2017): 27. http://dx.doi.org/10.17159/1727-3781/2004/v7i1a2837.
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The question whether a person is entitled to legal representation is normally posed during disciplinary proceedings, but is also relevant to other types of administrative proceedings. No absolute right to legal representation exists beyond a court of law. The Promotion of Administrative Justice Act 3 of 2000 has confirmed the common law position, to wit that an administrative organ has a discretion to allow legal representation, should the circumstances warrant it. This discretion should exercised properly, as held in Hamata v Chairperson, Peninsula Technikon Internal Disciplinary Committee 2002 5 SA 449 (SCA). The submission is that this discretion cannot be excluded either by means of contract or statute, should the Act apply. The definition of administrative action in the Act does not include proceedings before a domestic tribunal and the possibility exists that the discretion to consider allowing legal representation can be contractually excluded. It is argued that disciplinary proceedings affecting an employee should be distinguished from proceedings where a non-employee is involved. Employees should enjoy protection similar to that afforded by the Act.
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Vlasov, Evgeniy. "Issues of Accessibility of Legal Representation in Administrative Proceedings." RUSSIAN JUSTICE 123, no. 7 (2016): 23–32. http://dx.doi.org/10.17238/2072-909x.2016.7.23-32.
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Guseynli, Alaskar. "Tasks and functions of lawyer in administrative procedure." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2021): 191–97. http://dx.doi.org/10.31733/2078-3566-2021-3-191-197.
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The purpose of the article is to define the tasks and functions of a lawyer in the process of his/her representation within the administrative procedure. The study was made using such methods as analysis, synthesis, comparison. It is concluded that a lawyer as a representative in administrative proceedings is a procedural person who performs legal actions within certain tasks, powers granted to him on behalf and in the interests of the person who entered into a contract with him to provide legal assistance to protect rights, freedoms and legitimate interests of the person he represents. Emphasis is placed on the peculiarities of the lawyer's activity in administrative proceedings and research of his functions and tasks in administrative proceedings. It has been noted that the list of lawyer's functions is not exhaustive. Representative and advisory functions are only the basis of a lawyer's activity in the field of administrative proceedings. Ancillary functions in the activities of a lawyer in administrative proceedings can be defined as functions such as preventive, restorative and protective ones. The author has concluded that a lawyer as a representative in administrative proceedings is a procedural person who performs legal actions within the powers granted to him on behalf and in the interests of the person who entered into a contract with him to provide legal assistance to protect the rights, freedoms and legitimate interests of the person. which he represents. The term «lawyer's task in administrative proceedings» should be defined as well-defined, clearly planned scope of work performed by a lawyer in administrative proceedings to protect, represent interests or provide other legal assistance to a client necessary to resolve an administrative case. For the professional solution of tasks in administrative proceedings the lawyer is endowed with the corresponding functions which are the basic directions of activity which are realized by it for protection, representation and rendering of other legal help to the client in administrative case.
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Piątek, Wojciech. "Representation of a party by a professional counsel in administrative court proceedings." Radca Prawny, no. 2 (31) (October 31, 2022): 413–25. http://dx.doi.org/10.4467/23921943rp.22.043.16906.
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The purpose of this article is to identify challenges that attorneys-at-law face in administrative court proceedings. These include the subjective scope of the obligatory representation provided by advocates or attorneys-at-law and the consequences of the professional counsel’s shortcomings for the rights and obligations of the represented party as well as issues relating to the electronization of proceedings, participation of an attorney-at-law in a hearing, and the costs of legal representation. In conclusion, it has been pointed out that there is a need for a dialogue between judges and attorneys-at-law and advocates, in order to develop a more effective and argumentative way of conducting the trial and to discuss current issues that could improve the course of administrative court proceedings. Attention was also drawn to the need to introduce new forms of professional development for attorneys-at-law and the use of new technologies.
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Zvyagina, Natalia, and Viacheslav Baev. "Professional Representation in Civil and Administrative Legal Proceedings in the Russian Federation." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2021, no. 1 (2021): 88–95. http://dx.doi.org/10.21603/2542-1840-2021-5-1-88-95.
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In this article, the authors analyze the changes in civil procedural legislation. The research featured the issues of qualification for legal representatives in all categories of cases, with the exception of cases considered by magistrates and district courts. The study was based on the provisions of the Administrative Procedure Code of the Russian Federation, which initially provided no exceptions for this rule. The authors believe that the expansion of the sphere of professional representation requires an analysis of these amendments and existing regulations on professional representation from the point of view of constitutional right to judicial protection and the right to receive qualified legal assistance. A certificate of higher legal education or an academic degree in a legal specialty does not always indicate the level of professionalism. A professional representative should also have positive practical experience, as well as strive for professional development. The authors assessed the classification of cases that require a professional representative. In this article, they criticize the current monopoly of lawyers on representation in civil court and argue the uselessness of establishing the education and qualification of a representative in its current form. The professionalization of the institution of legal professional representation is possible only under the conditions of the evolutionary development of procedural relations and the imperative consolidation of the rules of a competitive professional process.
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Šikić, Marko, and Mateja Held. "Opunomoćenici u upravnom sporu." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 1 (2020): 69–85. http://dx.doi.org/10.30925/zpfsr.41.1.3.
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Amendments to the Act on Administrative Disputes 2014 added paragraph 2 to the Article 21. It refers to the proper application of the provisions of the Civil Procedure Act in administrative disputes. The Croatian administrative courts have taken a restrictive approach in interpreting that provision, which excludes certain categories of persons from representing complainants and interested parties. The paper problematizes the concept of the authorised representatives in administrative disputes and emphasizes expertise and quality as important features of the representation in general, including the authorised representatives in administrative disputes. The comparative arrangements of European systems in the subject matter are also analysed. It is argued that when interpreting the representation provisions, it is necessary to consider the particularities of the administrative dispute, but also the formulation of the provision, which undoubtedly leaves room for interpretation, as it refers to the “appropriate” application of the provision governing representation in civil proceedings.
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Kovalenko, Larisa. "The administrative process of Ukraine under martial law." Slovo of the National School of Judges of Ukraine, no. 3(44) (December 21, 2023): 153–60. http://dx.doi.org/10.37566/2707-6849-2023-3(44)-13.
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The article reveals the concept, essence, and peculiarities of the administrative process of Ukraine under martial law. The main areas of research of scientists who at various stages were engaged in the study of problems related to the general characteristics of the administrative process of Ukraine under martial law were studied. The European experience of the administrative process is analyzed and ways of improving the legal regulation of the administrative process of Ukraine are proposed. The article is devoted to the analysis of the legal foundations of the administrative process of Ukraine during martial law. The essence, features and tasks of such administrative proceedings of Ukraine are defined. The system of regulatory and legal regulation and the principles of administrative justice in Ukraine during martial law are characterized. The characterization of administrative courts as the leading subjects of administrative proceedings in Ukraine has been carried out, in particular, their concepts and types have been clarified, the essence and features of their jurisdiction, the concepts, types and features of their jurisdiction over public legal disputes have been revealed. A definition of the concept was proposed and a classification of participants in the administrative process was carried out.The essence and peculiarities of procedural representation and procedural succession in administrative proceedings are clarified. The concepts and types of provision of administrative justice of Ukraine are defined and characterized. The peculiarities of the participation of military personnel in the administrative proceedings of Ukraine have been established. Ways to improve the legislation regulating the organization and implementation of administrative justice in Ukraine are proposed. Key words: administrative process, national courts, European law, administrative proceedings, martial law.
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Solovyev, A. A. "General Provisions on Representation in Administrative Court Proceedings of the Russian Federation." Herald of Civil Procedure 7, no. 3 (2017): 51–73. http://dx.doi.org/10.24031/2226-0781-2017-7-3-51-73.
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Piątek, Wojciech. "Reprezentacja strony przez profesjonalnego pełnomocnika w postępowaniu sądowoadministracyjnym." Radca Prawny, no. 2 (31) (October 31, 2022): 199–212. http://dx.doi.org/10.4467/23921943rp.22.027.16890.
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Przedmiotem niniejszego opracowania jest identyfikacja wyzwań, jakie stoją przed udziałem radcy prawnego w postępowaniu sądowoadministracyjnym. Zaliczono do nich zakres przedmiotowy przymusu adwokacko-radcowskiego, określenie konsekwencji uchybień popełnionych przez fachowego pełnomocnika dla sfery praw i obowiązków podmiotu reprezentowanego, a nadto zagadnienia dotyczące elektronizacji postępowania, udziału radcy prawnego w rozprawie i kosztów zastępstwa procesowego. W konkluzji wskazano na potrzebę podjęcia dialogu środowiska sędziowskiego z radcowskim oraz adwokackim w celu wypracowania bardziej efektywnego, argumentacyjnego sposobu przebiegu rozprawy oraz poddania analizie aktualnych kwestii, które mogłyby usprawnić przebieg postępowania sądowoadministracyjnego. Zwrócono nadto uwagę na potrzebę podjęcia nowych form doskonalenia warsztatu zawodowego radców prawnych oraz korzystania ze zdobyczy nowych technologii. Representation of a party by a professional counsel in administrative court proceedings The purpose of this article is to identify challenges that attorneys-at-law face in administrative court proceedings. These include the subjective scope of the obligatory representation provided by advocates or attorneys-at-law and the consequences of the professional counsel’s shortcomings for the rights and obligations of the represented party as well as issues relating to the electronization of proceedings, participation of an attorney-at-law in a hearing, and the costs of legal representation. In conclusion, it has been pointed out that there is a need for a dialogue between judges and attorneys-at-law and advocates, in order to develop a more effective and argumentative way of conducting the trial and to discuss current issues that could improve the course of administrative court proceedings. Attention was also drawn to the need to introduce new forms of professional development for attorneys-at-law and the use of new technologies.
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Olashyn, V. "Legal assistance in administrative judiciary." Uzhhorod National University Herald. Series: Law, no. 68 (March 24, 2022): 241–45. http://dx.doi.org/10.24144/2307-3322.2021.68.42.
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The article is devoted to the study of the content and types of professional legal assistance in administrative proceedings, during the exercise of judicial control over the implementation of court decisions in administrative cases and beyond. Based on the analysis, the state of development of professional legal assistance in Ukraine is determined. Real mechanisms of protection of the rights of citizens by rendering such help are investigated. Mechanisms for providing legal assistance to persons who do not have sufficient funds to obtain legal assistance from a lawyer working in the private sector are disclosed. The volumes of free legal aid, both primary and secondary, have been established. The article also deals with the other side of the lawsuit - the subjects of power, their mechanisms to protect their own interests and provide the latter with proper legal assistance as well. This category is also discussed in this article as a category such as self-representation in the administrative process by subjects of power. The powers of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights in the context of ensuring the protection of citizens' rights during an appeal to an administrative court have been studied. International legal acts have been established, which correspond to the current legislation of Ukraine in the field of providing citizens with appropriate professional legal assistance in the process of administrative proceedings. Conclusions are made on the state of development of legal aid in the administrative process in Ukraine as a whole. In addition, emphasis is placed on legal assistance in this type of legal service - as judicial control over the implementation of court decisions in favor of the plaintiff in administrative cases. Attention is drawn to the fact that administrative proceedings consist not only of consideration of the case in the administrative court, but also of the actual execution of the court decision.
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Vučetić, Dejan. "Effectiveness of procedural decisions in first-instance administrative proceedings." Zbornik radova Pravnog fakulteta Nis 60, no. 91 (2021): 75–96. http://dx.doi.org/10.5937/zrpfn0-33292.
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The paper analyzes the normative regulation of the procedural administrative decision institute, which was introduced into the Serbian administrative process as a novelty by the General Administrative Procedure Act (GAPA) in 2016. The paper aims to addresses three research questions: to determine the legislator's goal in regulating this insitute, to identify in which situations such a decision has to be made, and to establish how effective that type of decision is. At the beginning of the paper, the author focuses on the concept of effectiveness, including different, mutually opposed, approaches to defining that notion. The author points out the conceptual misunderstanding between efficiency and effectiveness, and their unjustified equalization. The main goal of introducing the institute of procedural administrative decision is the aspiration for greater protection of parties' procedural rights. The analysis of the text of the General Administrative Procedure Act has yielded seventeen basic types of procedural administrative decisions: a decision on rejecting the party's request, a decision not to allow alteration of the party's request, a decision on suspending the procedure, a decision on termination of the procedure, a decision on imposing a fine, decision on request, a decision on execution, a decision on securing the execution, a decision on appointing a temporary representative, a decision on denying representation to a quack lawyer for unlicenced practice of law, a decision on proposal for restitution, a decision on bearing preliminary procedure costs, a decision on exemption from procedure costs, a decision on payment of costs resulting from the absence or unjustified denial of testimony, a decision on compensation for damage to the holder, a decision on the proposal for providing evidence, and a decision on ordering an interim measure. The author concludes that the institute of procedural administrative decision can negatively affect the effectiveness of administrative proceedings due to the possibility of its unnecessary extension.
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IVANOVSKA, Alla, and Kateryna VLADOVSKA. "Legal principles of approaching the court in the interests of other persons of public authorities and officials and their participation in cases of offenses related to corruption committed by public officials." Economics. Finances. Law 11/2, no. - (2022): 19–22. http://dx.doi.org/10.37634/efp.2022.11(2).4.
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In the paper the study of the legal basis of applying to court in the interests of other persons of public authorities and officials and their participation in cases of offenses related to corruption committed by public officials is done. Such subjects are the Human Rights Commissioner of the Verkhovna Rada of Ukraine, the prosecutor and the National Agency for the Prevention of Corruption, for matters of representation of the interests of other persons in cases of offenses related to corruption committed by public officials, such bodies are the Specialized Anti-Corruption Prosecutor's Office and National Agency for the Prevention of Corruption. The authors came to the conclusion that the representation of the interests of a citizen or the state in court in cases provided for by the Law of Ukraine "On the Prosecutor's Office" and related to corruption or corruption-related offenses, as well as the representation within the limits of its competence of the interests of the state in cases of recognition as unfounded assets and their collection into state income is carried out by the Specialized Anti-Corruption Prosecutor's Office. The status of the National Agency for the Prevention of Corruption in legal relations regarding the representation of the interests of other persons is dual (dualistic) – on the one hand, it carries out an administrative investigation, that is, proceedings in cases of offenses related to corruption at the first stage, on the other hand, the agency has the right to apply to the court with a lawsuit (statement) in the interests of the whistleblower, to participate in the consideration of cases based on such lawsuits (statements), as well as at any stage of the proceedings to enter into a case in which proceedings are opened based on the lawsuits (statements) of whistleblowers, to file an appeal, cassation complaint, an application for review of a court decision based on newly discovered or exceptional circumstances, including in a case in which the proceedings were opened based on the claim (statement) of the whistleblower. In addition, the National Agency for the Prevention of Corruption may actually act in the interests of the state, contesting in the appeal or cassation procedure the decisions made in administrative lawsuits to recognize the decisions of the National Agency as illegal.
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Slyvka, M. M. "Foreign experience of applying measures of procedural influence in administrative proceedings." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 406–9. http://dx.doi.org/10.24144/2788-6018.2023.05.72.
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The article is devoted to the study of foreign experience in the application of measures of procedural coercion in administrative proceedings.
 It is noted that the state of justice in Ukraine is one of the criteria for assessing the level of democracy and legality. World experience shows that the rule of law can exist only when a strong, authoritative and independent judiciary functions in the state.
 It is indicated that an important role in the administration of justice is played by procedural coercion, thanks to which the rules of conduct in court are followed.
 It is emphasized that in Germany, for nonappearance of a party to a forced summons to a court session, a warning may be issued about the imposition of an administrative fine.
 It is indicated that American courts often use such sanctions as: warning or public condemnation; advance warning; mandatory free representation of a person's interests; violation of the issue of disciplinary responsibility before the bodies of the bar or other self-government; prohibition of further handling of the case by a lawyer (dismissal); leaving the application without consideration; limiting access to court in the future; redistribution of court costs regardless of the outcome of the case; procedural fine; compensation for the consequences of the crime in favor of another participant in the case, etc.
 Examples of abuses of procedural rights that occur during the review of US judicial practice are given. Including:
 – an attempt to artificially deprive the competent court of jurisdiction in the case;
 – presentation of deliberately unsubstantiated claims or claims that testify to the claimant’s irresponsibility;
 – suppressing the opponent in the legal process by taking measures to delay the trial or by other means of pressure.
 It is noted that measures of procedural coercion are used by the court to stop illegal actions or inaction of the parties in the case. This is important during the resolution of public legal disputes, the party of which is a body endowed with certain powers in relations with private individuals.
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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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Shiyovych, R. "The right of citizens to free legal aid in administrative proceedings." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 426–30. http://dx.doi.org/10.24144/2788-6018.2023.01.73.
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In the article, from the point of view of the science of administrative law, an analysis of the state is carried out, the theoretical and legal foundations of free legal aid in administrative proceedings are investigated. Philosophical and worldview, general scientific and special methods were used in the article. The question of the meaning of the terms "legal aid", "free legal aid", "and representation" is considered. The views of scientists on the concept and essence of free legal aid analyzed. The legal nature of the term "legal aid" studied, and the presence of a conflict with the term "legal aid" was indicated. Its dynamics, complexity and breadth are noted, which is explained by the significant problems of providing free legal aid. The analysis of the conceptual apparatus makes it possible to note that legal aid is guaranteed by the state, is fully or partially provided at the expense of the State Budget of Ukraine, local budgets and other sources, is aimed at ensuring the realization of human and citizen rights and freedoms, the protection of these rights and freedoms, and their restoration in case of violation. The subjective right to free legal aid includes the state’s positive duty to provide, which gives the state discretionary powers to control the quality of aid. It indicated that the availability of legal aid guaranteed by the presence of a system of legal institutions capable of providing the population with affordable, comprehensive and high-quality legal aid. Ensuring the realization of the right to legal aid is a constitutional obligation of the state, and compliance by the state with the principles of providing free legal aid stipulated by international agreements. The only subjects of provision of free legal aid in the administrative proceedings of Ukraine are lawyers included in the register of lawyers. Other persons do not have the right to provide free legal assistance in administrative proceedings. Despite the fact that the right to free legal aid is not a new subject of research, the process of theoretical study continues. The right of citizens to free legal assistance in administrative proceedings requires further scientific research in legal and socially oriented aspects.
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Selala, Koboro J. "Constitutionalising The Right to Legal Representation at CCMA Arbitration Proceedings: Law Society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 4 (2017): 396. http://dx.doi.org/10.17159/1727-3781/2013/v16i4a2425.
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Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, a study of recent case law reveals that the majority of court judgments seem to be leaning in favour of granting legal representation at disciplinary hearings and CCMA arbitrations than denying it. In the recent case, Law Society of the Northern Provinces v Minister of Labour, the High Court struck down the rule of the CCMA which restricted legal representation at CCMA arbitration as unconstitutional on grounds of irrationality. The High Court considered that the impugned rule was inconsistent with section 3(3)(a) of the Promotion of Administrative Justice Act, which was specifically enacted to give effect to the right to administrative justice entrenched in the Constitution. In so deciding the High Court considered the importance of job security and the possible loss of job by an employee as a serious matter. This case note aims to analyse critically the court’s judgment in Law Society of the Northern Provinces v Minister of Labour and to consider its implications for dispute resolution in South Africa. It is asserted that although the right to legal representation is not absolute at labour proceedings, in light of the court’s decision in Law Society of the Northern Provinces v Minister of Labour it is not easy to identify the circumstances that would provide justification for the infringement of the right at CCMA arbitrations and probably at disciplinary hearings as well. Here, an argument is made suggesting that the court in the Law Society case has taken the right to legal representation too far.
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Krasnozhon, Olena. "ADMINISTRATIVE LAWSUITS OF THE PROSECUTORS IN THE FIELD OF CHILD PROTECTION." Administrative law and process, no. 4 (43) (2023): 5–15. http://dx.doi.org/10.17721/2227-796x.2023.4.01.
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Purpose. Child protection plays a significant role in the functioning of the prosecutor’s office, particularly in the representation of state interests in the field of child protection. Fair, impartial and timely resolution of disputes in the field of public law relations by the court in order to effectively protect the rights, freedoms and interests of individuals from violations by public authorities is, in turn, the task of administrative proceedings. This article aims is to examine the legal nature of administrative property and non-property claims, binding claims in relation in the area of child protection, and their correlation with non-property claims. Methods. The article employs a scientific methodology for legal research, including systemic-structural, comparative-legal, generalization, dialectic, analysis, and synthesis methods. Results. This study examines the practice of administrative claims by prosecutors and their corresponding statistical data. The categories of administrative claims are grouped, and the article explores the concept of administrative property and non-property claims. It is also examining binding claims in the field of the child protection. Provides examples of property claims, binding claims, claims with material component in the field of the child protection. Finally, the study examines legislative shortcomings. Conclusions. The unique focus on children, their rights, freedoms, interests, and state interests, as well as the corresponding subject of the claim, determine the features of the prosecutor’s office’s function for representation of state interests in the field of child protection. The analysis of legislation reveals the lack of administrative property and non-property claims, binding claims, and claim pricing. To establish a clear differentiation between property and non-property claims, at this stage of the study it is proposed to enhance the current legislation. This legislative will enable claims to be made in accordance with substantive and procedural legal norms. This, in turn, will increase the effectiveness of the representation function in the field of child protection in the administrative procedures.
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Dzhafarova, M. V. "LEGAL REGULATION OF PARTICIPATION IN THE COURT PROCEDURE OF BODIES AND PERSONS GRANTED BY LAW TO APPEAL TO THE ADMINISTRATIVE COURT IN THE INTERESTS OF OTHERS BODIES." Actual problems of native jurisprudence 3, no. 3 (2021): 115–19. http://dx.doi.org/10.15421/392158.
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The article is devoted to the research in the court procedure of bodies and persons granted by law to appeal to the administrative court in the interests of others bodies. The paper provides a comprehensive review of the theoretical and legal foundations of the Prosecutor and Commissioner of the Verkhovna Rada of Ukraine on Human Rights as a subjects of the administrative process, outlines the content and features of the Prosecutor and Commissioner of the Verkhovna Rada of Ukraine on Human Rights during the consideration and resolution of public disputes in administrative court. Among the subjects of the administrative process, the place of the Prosecutor and Commissioner of the Verkhovna Rada of Ukraine on Human Rights are highlighted and outlined, due to the nature of his important function – protection of human and civil rights and freedoms in the administrative process, which is realized through the implementation of the advocacy functions. The essence of the administrative-legal status of the Prosecutor and Verkhovna Rada of Ukraine on Human Rights as a subjects of the administrative process are clarified and the normative-legal regulation of their activity in the administrative process are outlined. It is highlighted the evolution of legal status of prosecutor under conditions of reforming of judicial system in Ukraine, of public prosecution and development of judicial practice on researched issues. The necessary conclusions and proposals on improving of legal status of Prosecutor in administrative procedure are elaborated and aimed on more efficient protection of person’s rights in administrative judicature. The difference between the representation of a procedural representative and a prosecutor in administrative proceedings is analyzed and it is found that the prosecutor is always a representative of public authority, which determines its legal nature and procedural status. This study highlights the legal aspects of the Verkhovna Rada of Ukraine on Human Rights participation in administrative proceedings. In particular, the legal status of the in accordance with national legislation was analyzed, his necessary participation and general, special powers were singled out.
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Liubimova, E. V. "MECHANISM OF ENTRY INTO AND LOSS OF EFFECT OF PROCEDURAL LEGAL PROVISIONS." Ex Jure, no. 3 (2023): 108–17. http://dx.doi.org/10.17072/2619-0648-2023-3-108-117.
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Abstract: the article discusses the general rule on the operation in time of the procedural provisions and a number of exceptions developed in the practice of the Supreme Court of the Russian Federation in respect of representation, type of proceedings and the composition of the court. The author also reviews two cases arising in respect of operation in time of the provisions of law, which are related to the court proceedings but do not represent the procedural legal relations. The first case is pre-trial dispute settlement, which is not a procedural relation; however, the provisions effective during the procedural actions are mistakenly applied to it. The second case is de-voted to the change of the court practice regarding the procedure of determining the term for the appeal of the court rulings on administrative offenses. The author believes that the new legal position set out in the ruling of the Supreme Court of the Russian Federation dated December 13, 2022, impairs the position of the person held liable for an administrative offence, and therefore, the reviewed interpretation of the law shall not apply to the rulings made prior to December 13, 2022.
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Piasecka, Patrycja. "SUSPENSION OF THE LIMITATION PERIOD FOR A TAX LIABILITY IN PROCEEDINGS WITH THE PARTICIPATION OF THE TAXPAYER’S REPRESENTATIVE – RESOLUTION OF THE SUPREME ADMINISTRATIVE COURT OF MARCH 18, 2019, FILE REF. ACT I FPS 3/18." Roczniki Administracji i Prawa 4, no. XX (2020): 165–80. http://dx.doi.org/10.5604/01.3001.0014.8432.
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Discrepancies in the jurisprudence of the Supreme Administrative Court and Voivodship Administrative Courts concerning the issue of the effectiveness of suspension of the limitation period for a tax liability in a case in which the taxpayer is represented by an attorney, led to a panel of seven judges of the Supreme Administrative Court adopting a resolution in the case no act I FPS 3/18. This resolution was a foregone conclusion on the role of the representative appointed by the party in the proceedings before the tax authority, stating that the omission of the representative in the proceedings has the same effects as the omission of the party, hence the delivery of the notice to the party about the suspension of the limitation period for the tax liability without taking into account the representative is ineffective. The position of the Supreme Administrative Court leads to the implementation of the principle of active participation of a party in tax proceedings, expressed in the right to appoint a representative in all activities of the proceedings that do not require their personal participation, including, of course, receiving notices sent to a party pursuant to Art. 70c the Tax Ordinance even if the notification is made by the tax authority, before which no proceedings with the participation of the party’s representative are pending. In addition, the legal issue presented for resolution as relating to the issue of the limitation period is extremely important for the actions taken by tax authorities. It also plays an invaluable role for the jurisprudence of administrative courts and, above all, for strengthening the taxpayer’s ability to effectively invoke the statute of limitations on tax liabilities.
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Osipova, Olena. "Participation of the prosecutor in the proceedings outside the limits of the public prosecution." Slovo of the National School of Judges of Ukraine, no. 2(43) (November 7, 2023): 64–74. http://dx.doi.org/10.37566/2707-6849-2023-2(43)-4.
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The article examines the topical issues of the prosecutor's representative function in judicial proceedings in the conditions of law enforcement reform and martial law. Special attention is paid to consideration of issues regarding the limits of the prosecutor's representation of the state's interests in court proceedings. The views of scientists on the place and role of the prosecutor in the judiciary are analyzed, and the author's definition of the concept of the prosecutor's representative function in court is presented. The dual legal nature of the participation of the prosecutor in the judicial proceedings is shown, who, on the one hand, is a participant in the case, and on the other hand, retains the elements of supervision over the legality of procedural actions of other participants and court decisions. The legal status of the prosecutor in the process of representing the interests of the state in court and in other cases of his participation in the consideration of administrative, economic and civil cases by the courts was studied. The expediency of limiting the representation of the interests of the state in court by the prosecutor to the sphere of defense, budgetary relations and corruption and narrowing the scope of the prosecutor's powers in court, in particular due to the right to enter into the consideration of the case at the request of other persons at any stage of the court proceedings and to initiate the review of court decisions independently from his participation in the proceedings. A comparative analysis of the norms of laws and the branch order of the Public Prosecutor's Office regarding the participation of the prosecutor in certain types of judicial proceedings was carried out in order to check their compliance with the provisions of the Constitution of Ukraine, and attention was drawn to existing discrepancies and the need for their correction. It is proved that the content of the concept of participation of the prosecutor in judicial proceedings is broader than the concept of representation by the prosecutor in court. It was established that with the addition of the Law of Ukraine «On the Commissioner of the Verkhovna Rada of Ukraine for Human Rights» and the introduction of relevant changes to the procedural codes of Ukraine, the Commissioner of the Verkhovna Rada of Ukraine for Human Rights completely took over the function of the prosecutor's office in representing the interests of citizens in court, having received the appropriate powers, in including those that belonged exclusively to prosecutors. Legislative proposals on further reform of the prosecutor's participation in the judicial process were provided, in particular, it was proposed to limit the representation of the state's interests by the prosecutor to the spheres of defense, the budget and anti-corruption during martial law, and in the future, if there are appropriate social, political and legal conditions, to completely abandon the representative function of the prosecutor in court. In the post-war period, it was proposed to amend Clause 2 of Part 1 of Article 131-1 of the Constitution of Ukraine, where instead of representing the interests of the state in court, it should be written «other participation of the prosecutor in the proceedings in the cases and procedure specified by law». Key words: prosecutor, representation in court, interests of the state, interests of the citizen, legal status of the prosecutor, judiciary, function of the prosecutor's office, human rights commissioner.
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Petrova, Viktoria T. "Proceedings in Cases on Challenging Laws and Regulations in the Institution of the Administrative Court Jurisdiction." Administrative law and procedure 1 (January 18, 2024): 69–72. http://dx.doi.org/10.18572/2071-1166-2024-1-69-72.
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The right to challenge normative legal acts is one of the elements of the constitutional right to judicial protection and is characterized as the activity of authorized bodies to verify the compliance of a normative legal act with provisions that have greater legal force. This production is regulated by Chapter 21 of the CAS RF, Chapter 23 of the Arbitration Procedure Code of the Russian Federation. The article discusses the main provisions of this proceeding, contained in the CAS RF and the Arbitration Procedure Code of the Russian Federation, and the problems of legal regulation, such as the presence of mandatory legal representation and the inability to apply for free legal assistance in this category of cases, as well as the formulation of the grounds for refusing to accept administrative claim in Art. 128 of the CAS of the Russian Federation “in another way affects the rights, freedoms and legitimate interests”, contrary to Part 1 of Art. 208 of the CAS RF, which can be solved by amending the legislative acts.
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Bimasakti, Muhammad Adiguna. "SEVERAL PROBLEMS IN FORMAL ASPECTS FOR DISPUTE SETTLEMENT REGARDING CANCELLATION OF ELECTED CANDIDATES OF MEMBERS OF THE HOUSE OF REPRESENTATIVE AND THE REGENCY/CITY/PROVINCIAL HOUSE OF REPRESENTATIVE." Jurnal Hukum Peratun 4, no. 2 (2021): 105–22. http://dx.doi.org/10.25216/peratun.422021.105-122.
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Law No. 7 of 2017 concerning General Elections (General Elections Act) stipulates that the General Election Commission (KPU) has the authority to determine the elected participants in the Election of Candidates of members of the House of Representative and/or the Regency/City/Provincial House of Representative. The General Elections Act also regulates how the process of resolving disputes over the election process and disputes over election results. However, in the event of cancellation or change in the Decision regarding the elected Candidates of members of the House of Representative and/or the Regency/City/Provincial House of Representative by KPU, in the event of a dispute, General Election Act doesn't regulate the dispute resolution process. Thus, this paper tries to explain this problem. The writing method used in this research is a legal-normative approach using statutory approach and conceptual approach. The results of the study indicate that KPU has the authority to resolve disputes over the cancellation or change in the Decision regarding the elected Candidates of members of the House of Representative and/or the Regency/City/Provincial House of Representative according to Law no. 30 of 2014 concerning Government Administration, namely through administrative proceedings in the form of administrative objection even though the General Election Act doesn't regulate it, then proceed to an administrative appeal to the KPU's superior. The Administrative Court is also authorized to adjudicate the dispute as an administrative dispute as regulated in the laws and regulations related to the procedural law of the administrative court.
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Talaga, Robert. "Reprezentacja nieznanych spadkobierców przed sądem administracyjnym — wybrane zagadnienia prawa pomocy." Przegląd Prawa i Administracji 116 (December 20, 2019): 117–32. http://dx.doi.org/10.19195/0137-1134.116.8.
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REPRESENTATION OF UNKNOWN HEIRS BEFORE THE ADMINISTRATIVE COURT — SELECTED ISSUES OF THE RIGHT OF ASSISTANCEThe guardian of inheritance may initiate proceedings before an administrative court when the interests of unknown heirs so require e.g. due to the need to determine the tax liability included in the estate. In the case of lodging a complaint to the administrative court by the guardian, he may apply for exemption from court costs because he has not been relieved expressis verbis from incurring them under the law. The guardian of the inheritance may also apply for the appointment of an public attorney because of the right to court, especially when a professional representative is required to draft an appeal. Not always the guardian is a professional attorney advocate, legal counselor, tax advisor who can submit such a remedy by representing the interests of unknown heirs within. In the case of submitting the application with demand of granting the right of assistance it should have been taken into account that the guardian represents the interests of the inheritance. In consequence, the application should present actual information about the inheritance.
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BRYHINETS, Oleksandr. "Administrative and legal ensuring the activities of the advocate as an institution providing legal assistance on a professional basis." Economics. Finances. Law 4, no. - (2023): 6–8. http://dx.doi.org/10.37634/efp.2023.4.1.
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The paper reveals the role and problems of determining the features of the administrative and legal support of the activity of the bar as an institution that provides legal assistance on a professional basis as one of the conditions for the development of a modern democratic society. It is determined that an extremely important direction of the state's activity is the obligation to support and ensure the protection of the rights and legitimate interests of a person and a citizen in every possible way, which is partially achieved due to the activities of the bar. Today, the institution of procedural representation of lawyers is quite important, since it ensures the effectiveness of the implementation of procedural rights and obligations of interested parties. The main prerequisite for the emergence of a legal relationship involving a lawyer as a representative should be the lawyer's voluntary legal action, his active procedural activity, which simultaneously determines the content of the legal relationship. Representation of a client by a lawyer in administrative proceedings requires the lawyer to be professional and qualified to provide legal assistance. A lawyer who represents the interests of his client in administrative proceedings is an active participant in the court process, the goal of which is to achieve the best legal result in the case for him. The powers of a lawyer in accordance with the Law of Ukraine "On Advocacy and Advocacy" are evidenced by a warrant, a mandate from bodies or institutions authorized by law to provide free legal aid, or a contract on the provision of legal aid. An important aspect of the activity of the bar is the proper consolidation of its rights and obligations. The range of rights of a lawyer is quite wide, and it is inextricably linked with the duties incumbent on a lawyer in the course of carrying out his own professional activity. It has been proven that the constitutional right to receive free legal aid by a wide range of people has finally been realized, and a new mechanism for providing it exclusively by lawyers has been proposed.
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Kutsevych, M. "Problems of identifying signs of a victim in the crimes depots provided by articles 397-400 of the Criminal Code of Ukraine." Herald of criminal justice, no. 3 (2019): 124–35. http://dx.doi.org/10.17721/2413-5372.2019.3/124-135.
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One of the key signs of so-called special structures of crimes, in article 397-400 of the Criminal Code of Ukraine of 05.04.2001 (next – CC), is an injured person. At present, a doctrinal approach to interpreting the content of signs of a victim in the warehouses of these crimes is distinguished by its inaccurate and discompliance with the literal meaning of the notions taken to indicate signs of such a victim in a special regulatory legislation. Therefore, it requires a Legal norms that would ensure the protection of such victim. The purpose of the article is to determine the main problems that arise when determining the signs of a victim in warehouses of crimes stipulated in article 397-400 of the Criminal Code and the ways of their solution. The study demonstrated the following problems: The concept of a defender and a representative who provides legal assistance, taken by the legislator, as such, indicating the special legal status of the participant in the relevant proceedings. In the warehouses of crimes stipulated in art. 397 – 400 of the Criminal Code, the integral characteristic of the special victim is: The defender, in connection with the activities associated with providing legal assistance Close relatives of the defender, in connection with the activities related to the provision of legal assistance to the defender The representative in connection with activities related to the provision of legal assistance to Close relatives of the representative in connection with the activities related to the provision of legal assistance to the representative. The term "representative, in connection with activities related to legal assistance," is not covered by a number of participants in procedural proceedings called the representative, but not formally are those that provide legal assistance. Outside the criminal law guard, which is provided by a group of special norms, which are located in section XVIII of the special part of the Criminal Code of Ukraine "Crimes against justice": Art. 397 – 400 of the Criminal Code, five types of procedural proceedings that Effectively protect and represent the interests of another participant of procedural proceedings, but formally their procedural activity has a different name: Representative of the victim, legal entity, namely: Supervisor, other person, authorized by law or constituent documents, employee of legal entity by proxy – Part 2 of article 58 of the CPC; Legal representative of the minor victim-article 59 of the Criminal Procedural Code; Witnesses ' advocate – Article 66 of the Criminal Procedural Code; Legal representative of a participant in the case-P. 1 of art. 58 Commercial Procedural Code, P. 1 of art. 58 Civil Procedural Code, Part 1 of art. 57 Code of Administrative Justice; A legitimate representative of a person brought to administrative responsibility, and a victim who is underage or persons who, because of his physical or mental disabilities, may not exercise their rights in cases of administrative offences. The case about an administrative offense-article 270 Code of Administrative Justice. In order to build an effective system of special criminal and legal protection of the participants of procedural proceedings, which actually carry out the function of representation of interests, rights and duties of other participants of procedural proceedings, appropriate amendments to article 397-400 of the Criminal Code are required.
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Yakovleva, Ol'ga, and Sergey Zhelonkin. "Institute of attorneys in civil procedure legislation: facilitating optimization of litigation or unreasonable duplication of functions?" Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 1 (2020): 86–90. http://dx.doi.org/10.35750/2071-8284-2020-1-86-90.
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Introduction. In the presented work, the authors investigated the main aspects of the reform of the procedural legislation initiated by the Supreme Court of the Russian Federation regarding the introduction of a new participant in the trial - the attorney. Purpose. The aim of the work is to identify the features of the legal status of such a participant in civil proceedings as an attorney within the framework of the institution of representation. Methodology. The work was performed on the basis of special methods of cognition, including historical and legal, logical, formally legal. Results. Based on the analysis of the results of the consideration of the draft Federal Law No. 383208-7 «On Amendments to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Code of Administrative Procedure of the Russian Federation and certain legislative acts of the Russian Federation», the appropriateness of the initiative to introduce a new member into civil proceedings is assessed - attorney. The relationship of this short story with the proposed increase in the requirements for the representative’s professionalism was analyzed, and its main advantages and disadvantages were highlighted. It is concluded that the benefit of introducing such a participant in the civil process as an attorney is more theoretical than practical, since this is due to the fact that the actions that the considered procedural figure (attorney) is authorized to perform can be performed by an ordinary representative without extra costs. At its core, an attorney is a kind of assistant to the representative, not able to independently participate in the trial and is dependent on both the principal and the representative. Conclusion. The material contained in the work is of interest for further scientific research on the problematic issues of the institution of representation in civil proceedings. Some conclusions can be used during lectures and seminars on the subject of civil procedure law.
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Gomes, Vanessa Santana, and Tânia Alves Amador. "Studies published in indexed journals on lawsuits for medicines in Brazil: a systematic review." Cadernos de Saúde Pública 31, no. 3 (2015): 451–62. http://dx.doi.org/10.1590/0102-311x00219113.
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The aim of this systematic review was to identify and characterize articles in indexed scientific journals with quantitative data surveys on administrative or legal proceedings for access to medicines. The SciELO, LILACS, MEDLINE via PubMed, Embase, and Scopus databases were used. We identified 45 articles, of which 17 were selected. The larger studies, each covering between 2,000 and 2,927 lawsuits, were done in the states of São Paulo, Rio de Janeiro, and Santa Catarina, Brazil. Eleven studies specified the type of legal representation, of which six examined cases with public attorneys and five with private attorneys. Only two studies reported whether the lawsuit was individual or class action, and in both the claims were individual. Since the majority of the medicines requested in the lawsuits were medium to high-cost, the review indicates that lawsuits contributed to the incorporation of these drugs into current pharmaceutical care in Brazil.
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Kondratyeva, L. A. "Self-representation of the legal sentity in gourt in accordance with theeхіsting legisla- tion". Uzhhorod National University Herald. Series: Law, № 64 (14 серпня 2021): 128–32. http://dx.doi.org/10.24144/2307-3322.2021.64.24.
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The article is dedicated to the research of the institution of representation in courts, in particular self-representation of the legal entity. This problem has become relevant in connection with the changes in the Constitution of Ukraine under which was introduced so-called monopoly of the attorney. Such changes provide for representation in court solely by attorneys exception of cases listed in articles 131-2 Constitution of Ukraine. At the same time physical persons and the legal entities can represent themselves independently. To that end in the procedural law introduces the concept of self-representation that is the representation different from the attorney representation. The concept of self-representation is enshrined in code of civil procedure art.58, code of commercial procedure art. 56, administrative code art. 55. With the promulgation of Law of Ukraine “On the amendment of some legal acts of Ukraine regarding expansion of possibilities of self-representation in court of the public bodies, authorities of the Autonomous Republic of Crimea, local authorities, other legal entities regardless of the order of creation” dated December 18, 2019 №390-IX significantly expanded circle of persons that can represent legal entity in accordance with the self-representation. According to the author such legislative position establishes the right to represent legal entity in the court not only by the director or by member of the Executive Committee of the legal entity but also by the people who are in an employment relationship. The author considers despite the legal certainty of the norms of Law №390-IX it contains no complete list of persons that can undertake self-representation and the complete list of required documents that is necessary to provide the court. The author suggests which documents can confirm the authorization of the person that exercise self-representation of the legal entity. According to the author self-representation of the legal entity includes participation of the representative of the legal entity which has direct relationship to the legal entity and its powers already exist by internal documents in particular by labor contract. Regarding the attorney representation of the legal entity it arises by force of power of attorney. The author also claims that personal participation in the proceedings which provides self-representation of the legal entity doesn’t waive the right of the legal entity to have the representative in the case i.e. the attorney.
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Rybalko, Hlib. "CURRENT ISSUES OF THE REPRESENTATION OF THE STATE PROSECUTOR'S INTERESTS IN COURT." Journal of V. N. Karazin Kharkiv National University, Series "Law", no. 32 (December 27, 2021): 83–88. http://dx.doi.org/10.26565/2075-1834-2021-32-12.
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The article is devoted to the grounds for representing the interests of the state in court by the prosecutor. Since 2016, as a result of the implementation of constitutional reform in the field of justice, the prosecutor's office represents the interests of the state in the courts in exceptional cases and in the manner prescribed by law. The issue of representation by the prosecutor's office has recently become increasingly important, as both the number of legal disputes and the lack of protection of state interests by the relevant competent authorities are growing. Issues of a practical nature related to the implementation of this constitutional function of the prosecutor's office are becoming more and more acute, including different interpretations of "exceptional cases of representation", "public interest", "authorized subject of power" ", Which are key to establishing the existence of grounds for the prosecutor to represent the interests of the state in court. The analysis of such concepts as "exceptional cases", "inaction" of the competent authority (to protect the interests of the state), "failure to protect", "improper protection". Emphasis is placed on the fact that in case of non-exercise or improper exercise by a state authority, local government or other subject of power, which is responsible for the relevant powers, protection of state interests, as well as signs of administrative or criminal offenses. nature, if there are grounds, the prosecutor must perform the actions provided by law to initiate the relevant proceedings. All this leads to the fact that the possibility of representation of the interests of the state in court by the prosecutor increasingly acquires elements of "exclusive representation of the interests of the state in court by the prosecutor".
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Serebryakova, Y. О. "Office of the representative of the prosecutor in gospodar court." Legal horizons, no. 23 (2020): 95–101. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p95.
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The statutes analyzed the legal representation of the representative of the prosecutor of the interests of the state in the state court proceedings. Respect is accentuated on the fact that the legal representatives of such a representative have a lot of special features, which are enriched by the legal status of the prosecutor’s office in the whole role of the state legal representatives. Voted on the fact that the largest number of discussions is possible in science plots, as well as in the right to practice, the designation of such a warehouse representative and the prosecutor in the court of lawful interests and the possibility of violation of the law. It has been established that, having understood the “Interest Power”, it has a wide range and an estimated character, which is a legacy of an ambiguous legal representation and a representative of the Prosecutor of the Interest State in the state court proceedings. The gown about the primedness of the inclusion of such a representative for the representative of the prosecutor of the Interests State in the State Judicial Commission was destroyed, as well as the threat of the collapse of the Interests State Vіdznacheno scho at vipadku nenalezhnogo zdіysnennya Zahist Reigning іnteresіv State body Vlady, Chi body mіstsevogo samovryaduvannya іnshim sub’єktom vladnih povnovazhen to kompetentsії yakogo vіdnesenі vіdpovіdnі povnovazhennya vimagaє z’yasuvannya supply about kvalіfіkatsіynu vіdpovіdnіst kadrіv such organіv State Vladi abo mіstsevogo samovryaduvannya. Reacting to such lack of authority in organization by way of securing disciplinary disciplines as well as administrative measures to protect the interests of the state with an effective submission. Primed by the general prosecutor before the state court in the interests of the sovereign body, the body of the independent self-determination of the subordinate authority, the independent authority is independent of the authority, it is independent of the authority of the self-dependent authority. competence of a specific presentation of a reprimand є a whole logical group for the knowledge of documented presentation of a factual report.
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Urbanek, Anna. "The possibility of using representative actions to pursue claims resulting from the Dieselgate scandal – the future of redress for infringements of collective consumer interests." Vilnius University Open Series, no. 6 (December 28, 2020): 252–62. http://dx.doi.org/10.15388/os.law.2020.21.
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Since the disclosure of unethical and illegal solutions used by Volkswagen A.G. during exhaust emission tests in many countries, proceedings are underway to impose an appropriate penalty on the company and to compensate the victims. On a global scale, the USA, Australia, South Korea and Canada can be mentioned. The European Union is not standing still. Until mid-February 2020, national courts and administrative bodies imposed various types of sanctions in Spain, Germany, Portugal, the Netherlands, Austria and Poland, among others. However, although the Volkswagen case is an infringement of collective consumer interests on a pan-European scale, Member States are resolving the problem through internal proceedings. Does this ensure effective and adequate compensation of affected consumers? The increase in protection would ensure, among other things, that there is a valid injunction for adequate compensation and that the proceedings are international in nature. The paper aims to show how the representative actions mechanism proposed in the “New Deal for Consumers” package could affect the effectiveness of decisions taken in the Volkswagen case by Member States’ competent authorities.
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Rübenstahl, Markus, and Christian Brauns. "Trial and Error—A Critique of the New German Draft Code for a Genuine Corporate Criminal Liability." German Law Journal 16, no. 4 (2015): 871–86. http://dx.doi.org/10.1017/s2071832200019921.
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The following article aims to analyze the first German draft bill concerning a corporate criminal code. The draft bill, recently introduced by the federal state of Nordrhein-Westfalen, led to a transformation of a theoretical academic discussion towards a specific proposal on potential future legislation. Firstly, the article introduces underlying reasons for the draft based on deficiencies of the current legislation. Current regulations solely provide corporate administrative responsibility for criminal offenses committed by a corporation's management (involving huge fines). Subsequently, the article reviews the content of the draft, specifically the multiplicity of proposed criminal and other penalties. The authors intend to demonstrate that the draft is often too vague or—especially with regard to penalties—simply over the top. The applicable sanctions – which may be combined- would lead to a more draconic punishment than in any other comparable legal system. Furthermore, regarding the principles of due process and strict legality the proposed procedural rules of the draft are not satisfying. After all, the proposed procedural measures to safeguard the proceedings and the rules on representation and defense counsel are deficient.
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Zaiats, V. Yu. "Forms of implementation of the prosecutor’s representative function in administrative legal proceedings in cases of corruption offenses." Legal Novels, no. 16 (2022): 182–86. http://dx.doi.org/10.32847/ln.2022.16.24.
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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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Zelepukin, Roman V. "Trends and problems of modern law. Review of the VII International Scientific and Practical Conference “Plevako Tambov Legal Readings”." Gosudarstvo i pravo, no. 10 (2023): 167. http://dx.doi.org/10.31857/s102694520028159-5.
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In May 2023, at Derzhavin Tambov State University (Derzhavin University) held the VII International Scientific and Practical Conference “Plevako Tambov Legal Readings”. The university organized it jointly with the Tambov branch of the Russian Lawyers Association, the Plus Guarantee Tambov company and the Election Commission of the Tambov Region. The Conference participants are scientists-lawyers, students and teachers of Derzhavinsky University, representatives of the Tambov Regional Court, the Arbitration Court, the Prosecutor’s Office and the Chamber of Lawyers of the Tambov Region. They discussed the certification of scientific and pedagogical personnel in modern conditions, current issues of the institution of representation in administrative proceedings, ensuring a balance of private and public interests in certain institutions of Financial Law, the place of justice in modern civil proceedings, etc. At the panel discussion “30th anniversary of the electoral system of the Russian Federation” election organizers, experts and young people discussed many years of experience in developing and improving the electoral system and agreed on further interaction in the electoral sphere. The Conference continued with sectional sessions in the following areas: “Historical and legal problems of the development of Russian statehood”, “Legal regulation of property relations: ensuring a balance of private and public interests”, “State policy of combating crime”, “Problems in the field of ensuring national security and law and order: specifics, threats, priorities, counteraction”, etc. Based on the results of the Conference, a collection of materials with reports and abstracts of participants has been prepared; individual reports will be published as articles in leading scientific legal journals.
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Grunfeld, E., B. Petrovic, and For the CanIMPACT Investigators. "Consultative workshop proceedings of the Canadian Team to Improve Community-Based Cancer Care Along the Continuum." Current Oncology 24, no. 2 (2017): 135. http://dx.doi.org/10.3747/co.24.3436.
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The multidisciplinary pan-Canadian canimpact (Canadian Team to Improve Community-Based Cancer Care Along the Continuum) group is studying how to improve cancer care for patients in the primary care setting. A consultative workshop hosted by the team took place on 31 March and 1 April 2016 in Toronto, Ontario. The workshop included 74 participants from 9 provinces, with representation from primary care, cancer specialties, international liaisons, knowledge users, researchers, and patients. On the agenda were presentations from canimpact phase 1 projects includingqualitative studies on the perspectives of survivors and health care providers about continuity and coordination of care;an environmental scan and systematic review of existing initiatives designed to improve care integration;population-based administrative health database analyses related to breast cancer diagnosis, treatment, and survivorship; anda qualitative study on the experiences, desired roles, and needs of primary health care providers with respect to personalized medicine.In addition, there were presentations on two possible intervention approaches, including nurse navigation and the eConsult system. Based on the information presented, participants worked in small groups to develop recommendations for phase 2, which will involve development and evaluation of an intervention to improve the integration of care between primary care providers and cancer specialists. After a process of deliberation and voting, workshop participants recommended testing the implementation of eConsult in the oncology setting to determine whether it improves relationships, communication, knowledge sharing, and connections between family doctors and cancer specialists; and, to improve system navigation, evaluating eConsult in existing nurse navigator programs, if feasible.
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Martynjuk, Yevhenii. "THE HISTORICAL AND LEGAL STUDY OF SEARCHING OF THE PROTOTYPES OF THE PROSECUTOR’S INSTITUTE IN THE JUSTICE OF ANCIENT EGYPT." Scientific Notes Series Law 1, no. 9 (2020): 18–23. http://dx.doi.org/10.36550/2522-9230-2020-1-9-18-23.
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The institutional organizations of the system of pre-trial investigation and judicial, and procedures for investigation and legal proceedings in the Ancient Egypt during the existence of the independent state is analyzed in the article. Based on the peculiarities of the organization of the justice’s mechanism, there are two main stages. The first stage covers time from the Early Dynastic Period (n. 3050 BC) till the Late Period (332 BC). Separately the justice of the Ptolemaic period (332–30 BC) has been analyzed which differs from privies periods essentially across combining conventional ancient egyptional features with Hellenic traditions. Within the framework of this analysis, an attempt was made to determinate the list of bodies and officials who in the Ancient Egypt’s justice were the prototypes of the future creation of the prosecutor’s institute. This separation of Ancient Egyptian officials is based on the comparison their institutional and functional matter with the modern prosecutor’s positions and powers, such as: overseeing the bodies of pre-trial investigation in the form of procedural guidance and supporting of public accusation at the trial, representation of the state’s interests at civil, commercial and administrative courts, as well.
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Sedláček, Miroslav. "Lawyers’ ethics before a civil court." AUC IURIDICA 67, no. 3 (2021): 57–69. http://dx.doi.org/10.14712/23366478.2021.25.
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Principles of legal ethics, whether written or unwritten, not only regulate the conduct of legal practice but also reflect the basic assumptions, premises, and methods of the legal system within which the lawyer operates. They also reflect the profession’s conception of its own role in the administration of justice. The objective of this paper is to analyse the ethical rules, to define the relationship of a lawyer to the court and his duties in proceedings, competent representation, confidentiality, and personality of the lawyer, and further deal with the legislation contained in the Czech Act on Advocacy and the Code of Conduct.
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Volochii, S. "On the concept and content of the prosecutor’s legal claims in the administrative delict aspect." Uzhhorod National University Herald. Series: Law 2, no. 79 (2023): 30–34. http://dx.doi.org/10.24144/2307-3322.2023.79.2.4.
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The article is devoted to the essence of the concept and content of the prosecutor’s legitimate demands in the administrative delict aspect. The author emphasizes that the prosecutor’s legitimate demands are an important guarantee of ensuring law and order in Ukraine. They contribute to the protection of human and civil rights and freedoms, and the interests of society and the State. However, referring to a specific provision, it is almost impossible to define the concept and nature of such requirements. It is stated that the legal requirements of the prosecutor relate to: maintaining public prosecution in court; representation of the interests of a citizen or the State in court; supervision over the observance of laws by the bodies conducting operational and investigative activities, inquiry, pre-trial investigation; supervision over the observance of laws in the execution of court decisions in criminal cases, as well as in the application of other coercive measures related to the restriction of personal freedom of citizens. It is proposed to understand a request as a certain appeal (letter, notification) drawn up in an arbitrary written form, submitted or sent by an authorized entity to the addressee. The peculiarities of the prosecutor’s legal claims include the following: 1) regulated by the provisions of various laws; 2) implemented by the prosecutor within various types of proceedings/procedures; 3) official in nature; 4) mostly made in writing; 5) binding in nature; 6) failure to comply entails liability for the subject (addressee); 7) issuing requirements beyond the scope of authority entails liability for the prosecutor as provided by law. The author concludes that the effective and professional exercise by a prosecutor of his/her powers, including the right to make legal demands, depends not only on his/her compliance with the rules of procedural law, but also on the quality of the rules themselves. The problem may be solved by directing further scientific research to amendments and additions to the current legislation with regard to specifying the essence of the prosecutor’s legal claims.
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BRYHINETS, Oleksandr. "Solution of the problems of legal security of advocate activities in administrative jurisdiction taking into account foreign experience." Economics. Finances. Law 3, no. - (2023): 5–7. http://dx.doi.org/10.37634/efp.2023.3.1.
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The paper reveals the role and problems of determining the peculiarities of solving the problems of legal support of the activity of the bar in administrative proceedings, taking into account foreign experience as one of the conditions for the development of a modern democratic society. It is determined that an important direction of the state's activity is the obligation to support and ensure the protection of the rights and legitimate interests of a person and a citizen in every possible way, which is partially achieved due to the activities of the legal profession. The Law of Ukraine "On Advocacy and Advocacy" and the Code of Administrative Procedure of Ukraine are the main legal acts that determine the status of a lawyer in an administrative process. In our country, the legal profession acts as a kind of "balance", which tries to balance the interests of civil society with the needs and capabilities of the state on the basis of current legislation. In order to achieve the set goal, the bar, as a non-state self-governing institution, which provides protection, representation and the provision of other types of legal assistance on a professional basis, as well as independently resolves issues of the organization and activity of the bar in the manner determined by current legislation, ensures the right to protection against accusation and providing legal assistance to the client in his legal competition with state structures. The key basis for the emergence of legal relations with the participation of a lawyer as a representative should be the voluntary legal action of the lawyer, his active procedural activity, which simultaneously determines the content of legal relations. Attention is focused on the multifaceted activity of the bar in the Republic of South Africa, which provides us with an example of effective protection of the rights and freedoms of a person and a citizen in this country for almost a whole century. It has been proven that the bar, not having any relation to the state apparatus or local self-government bodies, has the legal authority to oppose the interests of public entities and their administrative resources.
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Rossinskiy, Sergey B. "Submission of items and documents as a way of gathering evidence in preliminary investigation of a criminal case." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 15, no. 2 (2021): 210. http://dx.doi.org/10.18255/1996-5648-2021-2-210-219.
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This article is devoted to the consideration of the representation as a simpler, in comparison with investigative actions, a purely «technical» method of collecting objects and documents to be attached to a criminal case as material evidence, other documents, expert opinions, the results of operational investigative and administrative activities of law enforcement agencies for the purpose of subsequent use to substantiate enforcement decisions. Methodologically, starting from his previous scientific publications devoted to the issues of criminal procedural proof in general and the collection of evidence in particular, the author investigates the phenomenon of the presentation of objects and documents, defines the circle of subjects initiating this procedure, considers the procedure for its implementation, notes the shortcomings of its legislative regulation. Particular attention is paid to the practical issues of the presentation of objects and documents in pretrial proceedings in a criminal case. The most acceptable methods and applied technologies of acceptance and transfer of potential evidence presented to the bodies of inquiry and preliminary investigation by suspects, accused, victims are analyzed and other interested participants, materials of operational-search activities, as well as items and documents submitted by «third» parties, that is, various government bodies, local local governments, their officials, enterprises, institutions and individuals.
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Pynnönen, Anu, and Tuomo Takala. "Apposition, contradiction, conflict and domination." International Journal of Public Sector Management 27, no. 7 (2014): 581–97. http://dx.doi.org/10.1108/ijpsm-04-2014-0057.
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Purpose – The purpose of this paper is to qualitatively describe and explain the contemporary Finnish discourse of municipal managers. The emphasis within is on analyzing the encounters of the public sector management discourse and the private sector management discourse, and the effects that these encounters have on the construction and representation of municipal management. Design/methodology/approach – The study is based on a three-phase discourse analysis, proceeding from the textual and linguistic level through interpretive analysis to critical analysis. This analysis is based on the proceedings and presentations of a seminar of municipal leadership and management, arranged in 2013 in Finland. Findings – The encounters of the discourses form three types: apposition of actors; contradiction and conflict of contexts; and domination of the private sector discourse. Apposition is a surface-level phenomenon, synonymizing the actors of the two discourses. Contradiction and conflict are caused by the incompatibility of operational and value contexts. Domination is a phenomenon of prioritizing the private sector principles and values in conflict situations. All these may affect the role and work of, as well as expectations toward, the municipal manager. Research limitations/implications – Further research and more samples are needed to assess wider applicability of the present findings. Originality/value – The study highlights the roles of language and discourse in the construction and representation of municipal management and managers. It increases the importance of understanding the discursive elements of the new public management phenomenon. In addition, the study supplements the existing macro-level studies.
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Freer, Elaine. "Experts and pretenders: Examining possible responses to misconduct by experts in criminal trials in England and Wales." International Journal of Evidence & Proof 24, no. 2 (2020): 180–207. http://dx.doi.org/10.1177/1365712720913336.
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Much academic literature explores the reliability of expert evidence in criminal proceedings in England and Wales. However, almost no attention has been paid to misconduct by experts giving evidence in criminal cases. Whilst rare, its serious impact on the administration of justice and public trust in it means that this area requires analysis. This article explores possible responses to expert witness misconduct occurring in the context of criminal proceedings in England and Wales, noting particularly the differences in responses available, depending firstly upon whether the expert is a registered professional, and secondly whether the expert has stepped outside of their expertise; did not have relevant expertise at all, or was dishonest. Professional disciplinary procedures focus on ‘fitness to practise’, and it is argued that this is sufficient where a registered professional has overstepped their expertise, but has not displayed mala fides. On the contrary, where someone gives evidence purporting to have expertise that they do not, or lies about their conduct as an expert in the case, criminal sanctions are available, appropriate, and should be used. These include contempt of court; perverting the course of justice; fraud by false representation, and perjury.
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Ahmed Tura, Hussein. "Indigent’s Right to State Funded Legal Aid in Ethiopia." International Human Rights Law Review 2, no. 1 (2013): 120–50. http://dx.doi.org/10.1163/22131035-00201004.
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This article examines the extent to which state-funded legal aid in criminal cases is recognized and implemented in Ethiopia. The Federal Democratic Republic of Ethiopia (FDRE) Constitution and human rights treaties to which Ethiopia is a party recognize an indigent’s right to defense counsel at state expense where the interests of justice so require. However, on the basis of available data collected from the courts, the police stations and prisons, this article finds that the implementing institutions, such as the Office of Public Defenders, are not operating effectively and moreover the public generally lacks legal awareness. These impediments have in turn contributed to a number of indigent accused being tried and convicted without the benefit of legal advice and representation at different stages of proceedings. It has also been found that almost all unrepresented accused have committed serious errors in said proceedings. In addition, lack of legal aid affects the overall justice system since the indigent cannot defend themselves against trained prosecutors armed with state power. In this article it is argued that in order for Ethiopia to implement an indigent’s right to state-funded legal aid, an independent legal aid agency must be established, which should be responsible for the administration of legal aid.
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Rubin, Avi. "British Perceptions of Ottoman Judicial Reform in the Late Nineteenth Century: Some Preliminary Insights." Law & Social Inquiry 37, no. 04 (2012): 991–1012. http://dx.doi.org/10.1111/j.1747-4469.2012.01293.x.
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In the second half of the nineteenth century, the Ottomans founded a new court system, the Nizamiye courts, as part of an empire-wide ambitious project of judicial and administrative reform, which involved legal transplantation from the French model. The institutional evolution of these courts was completed with elaborate legislation introduced in 1879. This article explores British consular and diplomatic accounts dispatched in the immediate aftermath of the 1879 reforms in an attempt to assess the value of these reports for understanding the passage of Ottoman law to modernity. Comparison of British accounts with relevant Ottoman sources and recent research reveals that British consuls and diplomats produced distorted representations of Ottoman judicial reform, exhibiting lack of faith in the effectiveness of these reforms. Misrepresentation resulted from ignorance about the nature of reformed Ottoman law, prejudice, and concerns about the effect of these reforms on the ability of British consuls to interfere with Ottoman court proceedings.
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PRASOLOV, D. N. "“CAN’T BE SEEN AS AN OFFICIAL CLASS MEETING OR REPRESENTATIVE INSTITUTION”: REGULATIONS FOR THE CONGRESS OF ENTRUSTED KABARDIANS AND BALKARS IN ADMINISTRATIVE PROCEEDINGS." Kavkazologiya, no. 1 (2020): 67–78. http://dx.doi.org/10.31143/2542-212x-2020-1-67-78.
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Lemmings, David. "Emotions, Power and Popular Opinion about the Administration of Justice: The English Experience, from Coke’s ‘Artificial Reason’ to the Sensibility of ‘True Crime Stories’." Emotions: History, Culture, Society 1, no. 1 (2017): 59–90. http://dx.doi.org/10.1163/2208522x-00101004.
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This article discusses emotions and power in the administration and representation of criminal justice in early modern England. In the early seventeenth century, professional lawyers insisted that only they were competent to understand the ‘artificial reason’ of the common law; and lay opinion was associated with unreliable emotional engagement with the protagonists in trials. ‘Popular jurisprudence’ received renewed impetus from the post-Reformation emphasis on conscience and divine providence, however, and this kind of common sense interpretation often featured in popular accounts of law proceedings. Moreover, the ‘low law’ administered at grass roots level by JPs was less professionalised because most magistrates were not lawyers. The development of popular and emotional jurisprudence is demonstrated in the eighteenth century by analysis of judges’ charges, popular novels, and the reportage of ‘true crime’. Ultimately, and despite further ‘lawyerisation’ of trials, this article argues that the rise of the novel and increased press reporting of criminal justice generated more vicarious engagement with the administration of justice. And this was emotional engagement: eighteenth-century popular jurisprudence represented justice as variously awesome, theatrical and unreasonably oppressive.