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1
Vetters, Larissa. "Administrative guidelines as a source of immigration law?" Journal of Legal Anthropology 3, no. 2 (December 1, 2019): 70–90. http://dx.doi.org/10.3167/jla.2019.030205.
Повний текст джерелаАнотація:
This article makes a conceptual and methodological argument for ethnographically studying a certain type of paperwork in immigration bureaucracies, namely internal administrative guidelines. Much ethnographic research has focused on case files, application forms, identity documents and judicial decisions attempting to shed light on bureaucrats’ discretionary power and migrants’ strategies of navigating immigration laws. This article shifts attention from bureaucrats’ discretionary practices to their efforts to standardise and codify their own practices. The administrative guidelines of the Foreigners’ Registration Office of Berlin and the visa guidelines of the Federal Foreign Office of Germany are examined as legal documents that are produced in a web of textually grounded legal meanings, as well as in a meshwork of social and political relations and in turn reconfigure both social relations and legal meanings. Contextualised in such a way, these administrative guidelines shed light not only on ‘immigration law at work’ but also on ‘immigration law in the making’.
2
Sinaga, Marhala, and M. Alvi Syahrin. "Law Enforcement of Immigrated Administrative Actions on Visa Exemption Subjects (Study of Tangerang Immigration Office)." Jurnal Ilmiah Kajian Keimigrasian 3, no. 2 (October 27, 2020): 12–25. http://dx.doi.org/10.52617/jikk.v3i2.115.
Повний текст джерелаАнотація:
This research was conducted to determine the role of the Class I Non TPI Tangerang Immigration Office in enforcing the law of immigration administrative actions against visa-free subjects in their working areas, as well as knowing the impact of enforcing the law on immigration administrative actions against visa-free subjects from an immigration perspective. This study used a qualitative normative method with a normative juridical and sociological juridical approach. This method is used to find data and describe systematically as well as factual about the form of law enforcement of immigration administration actions against visa-free subject visits. Administrative action law enforcement against visa-free subjects for visitation provided by the Class I Non TPI Tangerang Immigration Office is in the form of prevention or deterrence, imposition of fees and deportation as regulated in Law No. 6 of 2011 concerning Immigration and its derivative regulations.
3
Hrytsenko, I. S. "LEVELS AND AREAS OF ADMINISTRATIVE AND LEGAL ACTION AGAINST CORRUPTION IN PROSECUTOR BODIES IN UKRAINE." Actual problems of native jurisprudence, no. 06 (March 2, 2020): 57–62. http://dx.doi.org/10.15421/391994.
Повний текст джерелаАнотація:
The article covers the issues of determining the levels and directions of administrative and legal counteraction to corruption in prosecuting bodies in Ukraine. The following levels of administrative and legal counteraction to corruption in the bodies of the Prosecutor’s Office of Ukraine are highlighted: international; nationwide intra-departmental (carried out on the system of prosecutorial bodies in the general departmental order); nationwide law enforcement; regional intra-departmental; regional law enforcement (carried out by regional prosecutor’s offices and regional departments of the Military Prosecutor’s Office and the Specialized Military Prosecutor’s Office; local intra-departmental; local law enforcement. The directions of administrative and legal counteraction to corruption in the bodies of the Prosecutor’s Office of Ukraine are distinguished: 1) by the subjects of counteraction and entities in respect of which the corruption is being counteracted: intra-departmental counteraction to corruption; counteracting corruption by external bodies; counteracting corruption in the functional areas of the prosecution bodies by such bodies; 2) in the areas of combating corruption: combating corruption in the field of internal administrative issues (appointment, remuneration, disciplinary proceedings, etc.); counteracting corruption in crime investigations; counteracting corruption in the field of public prosecution in court; counteracting corruption in the area of coordination of pre-trial investigation bodies; counteracting corruption in the area of administrative liability for corruption offenses; counteracting corruption in other areas of the prosecutor’s office; 3) for the subjects of corruption offenses: combating corruption against prosecutors; combating corruption related to prosecutors; counteracting corruption against other prosecutors; counteracting corruption in relation to bodies that are coordinated with the prosecutorial system; counteracting corruption against others; 4) by nature of actions: preventive counteraction to corruption; human rights counteraction to corruption; anti-corruption counteraction.
4
Стреляний, В. І. "The Current Status of Administrative and Legal Regulation of the Activities of Specially Authorized Entities in the Field of Combating Corruption in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 90, no. 3 (September 23, 2020): 177–86. http://dx.doi.org/10.32631/v.2020.3.18.
Повний текст джерелаАнотація:
The author has revealed the content of the term of “specially authorized entities in the field of combating corruption” contained in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption”. By analyzing the current administrative legislation of Ukraine, the range of public authorities that fall under this concept has been identified. Based on the classification of public authorities existing in administrative science, which are divided into agencies of general and special competence, the author has provided recommendations to improve the list of those public agencies that have the status of specially authorized entities in the field of combating corruption. According to the results of the study, the author has formulated an exhaustive list of specially authorized entities in the field of combating corruption in Ukraine, has provided propositions to improve the provisions of the Law of Ukraine “On Prevention of Corruption” and the Law of Ukraine “On Prosecutor’s Office” in regard to the administrative and legal status of the Specialized Anti-Corruption Prosecutor’s Office. The author has offered to amend Part 1 of the Art. 7 of the Law of Ukraine “On the Prosecutor’s Office”, supplementing it with the word “agencies” after the word “system” and before the word “prosecutor’s office”. Thus, this norm will look like this: “the system of agencies of prosecutor’s offices will consist of: 1) Attorney General’s Office; 2) prosecutor’s offices in oblasts; 3) regional prosecutor’s offices; 4) Specialized Anti-Corruption Prosecutor’s Office. It has been established that only the Specialized Anti-Corruption Prosecutor’s Office can be recognized as a specially authorized entity in the field of combating corruption among the existing prosecutor’s offices. In this regard, the application of the term of “agencies of prosecutor’s office” in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” is not grounded and leads to a false expansion of the range of anti-corruption entities. In practice, this may lead to an ambiguous interpretation of this legal norm. In this regard, the author has offered to specify the range of prosecutorial agencies that are specially authorized entities in the field of counteraction by replacing the phrase “agencies of prosecutor’s office” with the phrase “Specialized Anti-Corruption Prosecutor’s Office”. It has been determined that either the National Police of Ukraine or its separate agencies are not specially authorized entities in the field of combating corruption. In this regard, it has been offered to amend Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” by replacing the phrase “National Police” with the phrase “National Police Units”. Thus, those structural subdivisions of the National Police agencies that exercise competence in the field of combating corruption may be recognized as specially authorized entities in the field of anti-corruption.
5
Lehmann-Hasemeyer, Sibylle, and Jochen Streb. "Discrimination against Foreigners: The Wuerttemberg Patent Law in Administrative Practice." Journal of Economic History 80, no. 4 (September 24, 2020): 1071–100. http://dx.doi.org/10.1017/s0022050720000479.
Повний текст джерелаАнотація:
In the second half of the nineteenth century, the patent office of the German state Wuerttemberg strategically discriminated against foreign inventors by charging comparatively high patent fees. We show that this administrative practice was driven by fiscal and protectionist motives.
6
Strombergsson-Denora, Adam. "Caught By Private Law: A Review Of Visitors’ Jurisdiction In Canada." Windsor Yearbook of Access to Justice 36 (September 18, 2020): 284–304. http://dx.doi.org/10.22329/wyaj.v36i0.6431.
Повний текст джерелаАнотація:
Visitors, an office in charitable corporations that occupies the position of the Superior Court in all matters pertaining to the charity, are a forgotten area of law in Canada. This article resurrects the jurisdiction by explaining its utility for university corporations. Visitors are private courts of appeal from university decisions. They are empowered to adjudicate academic as well as legal disputes relating to relationships between the university, its officers, its professors, and its students. The article lays out the private law origins of the office and contrasts this approach with the administrative law model more recently in vogue. The administrative law approach to visitation has, over the course of the twentieth century, eroded the jurisdiction, yet it appears from Canadian practice that the jurisdiction remains eminently useful across the country. The article details just how the visitor’s office has been used in Canadian universities beginning in 1803 going up to 1992. In so doing, the office’s strong points as well as its weaknesses are discussed.
7
Smirnov, A. F. "Uncertainty of Wording in the Federal Law "On the Prosecutor’s Office of the Russian Federation"." Actual Problems of Russian Law 15, no. 12 (December 30, 2020): 174–80. http://dx.doi.org/10.17803/1994-1471.2020.121.12.174-180.
Повний текст джерелаАнотація:
The paper is devoted to the study of issues arising from the application in the organization and activities of the prosecutor’s office of the norms of the Federal Law of 17.01.1992 No. 2202-1 "On the Prosecutor’s Office of the Russian Federation" known by their uncertainty and inconsistency. The author analyses the situations in which the existing methods of interpreting legal norms do not make it possible to find an appropriate solution in the functions of the prosecutor’s office implementation. The study notes the inconsistency of certain provisions of the Federal Law with the constitutional framework for regulating the organization and activities of the prosecutor’s office. The author highlights the unjustified expansion of the limits of departmental legal regulation of the organization of prosecutorial supervision. The legal norms governing the powers of prosecutors, objects of prosecutorial supervision and the function of the prosecutor’s office to initiate cases of administrative offenses and administrative investigation were subjected to critical analysis. Based on the results of the study, the author concludes that it is necessary to significantly amend and supplement the current Law.
8
Timoshenko, I. V. "Authorities and Officials of the Prosecutor’s Office as Subjects of Protection and Subjects of Violation of the Constitutional Right of Citizens to Petition." Lex Russica, no. 4 (April 24, 2021): 33–43. http://dx.doi.org/10.17803/1729-5920.2021.173.4.033-043.
Повний текст джерелаАнотація:
The paper analyzes the status of bodies and officials of the prosecutor’s office as subjects of protection and subjects of violation of the constitutional right of citizens of Russia to petition as bodies exercising public power, whereas the very norm-principle of the basic Russian law on the right of citizens to petition is considered both as a constitutional right and as a constitutional safeguard. The author identifies the main practical problems, legal gaps and conflicts of law when citizens implement their constitutional right to petition and their reasons. The author proposes options for their elimination at the law-making and law-enforcement levels. It is noted that article 5.59 of the Code of the Russian Federation on Administrative Offences from 2011 providing administrative liability for violation of established procedure of consideration of citizens’ petitions, despite being a very effective instrument for the legal protection of the right under consideration, needs to be adjusted because its discretionary part contains only general language and does not reveal the objective side of this administrative offence. At the same time, prosecutor’s offices have long developed a certain practice concerning the application of Art. 5.59 of the Administrative Code of the Russian Federation as a means of public and legal protection of the violated right of citizens to petition. However, what should be done if the right of citizens to petition is violated by the prosecutors themselves with their special status as subjects of the offense, whereas it is the exclusive competence of prosecutors by operation of law to initiate cases under Art. 5.59 of the Administrative Code of the Russian Federation? The paper is devoted to the search for the answer to this question.
9
Kozicka, Beata, and Ewa Pierzchała. "Zasada praworządności wyznacznikiem kontroli działań administracji publicznej realizowanej przez prokuratora w ramach postępowania administracyjnego." Opolskie Studia Administracyjno-Prawne 16, no. 1 (3) (September 13, 2019): 19–36. http://dx.doi.org/10.25167/osap.1141.
Повний текст джерелаАнотація:
Opus iustitiae PAX – the properly shaped dimension of justice is a guarantee of peaceful – not based on a conflict and violence – relations between citizens and the state. These words fully reflect the leading thought of this study. It is the concern for a good law and a state governed by the rule of law, which lies at the foundation of actions taken within the scope of legal means by the Prosecutor’s Office that – as the “custodian of law” – is entitled to in the sphere of control over administration. Administrative courts execute justice as a separate part of judicial power. Justice and law are conditions for an effective state, good governance and social peace, which have accompanied us for centuries. Administrative courts uphold the principle of equality before the law, which is regulated by Art. 21, par. 1 of the Constitution of the Republic of Poland. Since it is administrative courts which – by performing tasks of control over the activity of public administration – become the guarantee of realization of the above-mentioned principle, their position and range of cognition in the situation of launching administrative-court proceedings by the Prosecutor were presented in the work.
10
Smirnov, A. V. "The concept and the administrative-legal nature of public service in the prosecutor’s office of the Russian Federation." Penitentiary Science 14, no. 3 (2020): 394–99. http://dx.doi.org/10.46741/2686-9764-2020-14-3-394-399.
Повний текст джерелаАнотація:
Based on the analysis of various scientific positions, the article reveals the administrative-legal nature and essence of state-service relations in the prosecutor’s office of the Russian Federation. It is noted that the uniqueness of the prosecutor’s service is due, among other things, to the execution of various law enforcement, human rights, control and supervisory and other functions by prosecutors, which indicates the multifunctionality of this type of public service. Such characteristics of the service in the prosecutor’s office, in turn, lead to increased requirements for the service itself, for the business and moral qualities of employees. On the basis of the methodology of integrative legal thinking, the author’s concept of civil service and service in the prosecutor’s office is given. The latter, in particular, is disclosed as a special type of professional activity carried out on behalf of the state by its citizens holding positions of the federal public service in the prosecutor’s office of the Russian Federation, in order to fulfill in accordance with the law on the prosecutor’s office and the rules establishing special moral and ethical requirements for their official and off-duty behavior of the duties assigned to the prosecutor’s office, carried out in order to ensure the supremance of law, unity and strengthening the rule of law, protect human and civil rights and freedoms, the interests of society and the state protected by law, as well as related to the performance of the functions of internal management of the prosecutor’s office, organizing and service in these bodies.
11
Drahos, Peter. "“Trust Me”: Patent Offices in Developing Countries." American Journal of Law & Medicine 34, no. 2-3 (June 2008): 151–74. http://dx.doi.org/10.1177/009885880803400205.
Повний текст джерелаАнотація:
Patent rules matter to the structure and evolution of pharmaceutical markets. If they did not, pharmaceutical multinationals would not spend resources on their globalization and content. The role of pharmaceutical multinationals in shaping the patent provisions of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) has been well documented. The contributions of developing country coalitions and nongovernmental organizations (NGOs) in the World Trade Organization (WTO) on TRIPS and access to medicines have also been studied.One actor, the patent office, has largely escaped detailed scrutiny in the literature that has grown around intellectual property law and access to medicines. There is an obvious explanation. Patent offices are administrative bodies. They administer patent standards that are decided and defined by others – the courts, legislatures or the executive acting in the context of treaty negotiation. For those interested in the structural reform of pharmaceutical markets, reforming patent office administration has not been a high priority.
12
Nurianti, Leni Eva, Yuslim Yuslim, and Khairani Khairani. "The Position of the Attorney's Request for Information in Corruption Case Investigation as the Object of the Application for Abuse of Authority in the State Administrative Court (Study of Decision Number: 25 / G / 2015 / PTUN-MDN)." International Journal of Multicultural and Multireligious Understanding 7, no. 6 (September 23, 2020): 590. http://dx.doi.org/10.18415/ijmmu.v7i6.1957.
Повний текст джерелаАнотація:
The absolute authority of the State Administrative Court in examining, deciding and resolving State Administrative Disputes is based on objects in the form of decisions and / or actions regulated in the State Administrative Court Law (PERATUN Law) and the Government Administration Law (AP Law). In Decision Number: 25 / G / 2015 / PTUN-MDN, the Prosecutor's Request for Information is placed as the object of the request for abuse of authority. Based on these facts, normative legal research is carried out which aims to examine and analyze cases (case approach) with the statute approach and other regulations related to legal issues regarding how the limits of abuse of power are the absolute competence of the State Administrative Court and what is the position. Request for a statement from the Attorney General's Office in investigating corruption cases in the Procedural Law of the State Administrative Court. The conclusion of the research results is that the limit of abuse of power which is the absolute competence of the State Administrative Court is a decision and / or action as normalized in the Administrative Law and the Government Administration Law. The absence of procedural norms on abuse of authority in the Administrative Court Law makes Judges and Lawyers inaccurate in determining the legal basis for placing the Prosecutor's Request for Information as an object in the application for abuse of power when case Number : 25 / G / 2015 / PTUN-MDN is rolling in the Medan State Administrative Court . The norm vacancy is filled by Supreme Court Regulation Number 4 of 2015 which limits the absolute competence of the State Administrative Court in applications for abuse of power after the results of the Supervision of Government Internal Supervisory Apparatus and prior to criminal proceedings. The Prosecutor's Request for Information issued based on the provisions of the Criminal Procedure Code (KUHAP) cannot be placed as an object based on the norms of Article 2 letter d of Law Number 9 of 2004, so the author advises the President and / or the House of Representatives to design amendments to the Administrative Law so that it is harmonious with the new norms presented by the Government Administration Law and it is hoped that Judges and Lawyers as law enforcers and justice carry out the norms of the Law ethically so that they do not get lost in determining the object of the application for abuse of power.
13
Tabernacka, Magdalena. "Mediatorzy i instytucje mediacyjne w otoczeniu administracji." Przegląd Prawa i Administracji 111 (February 28, 2018): 183–96. http://dx.doi.org/10.19195/0137-1134.111.12.
Повний текст джерелаАнотація:
MEDIATORS AND MEDIATION BODIES SURROUNDED BY THE ENVIRONMENT ADMINISTRATIONSince 1 June 2017, mediations in administration have astatutory foundation in the provisions of the code of administrative proceedings. Mediator’s actions, which, according to Art. 96 of the code are to help parties to adispute to settle it amicably affect the administrative bodies’ jurisprudence. It can thus be expected that, as was the case with criminal and civil legal proceedings, mediators will become an indispensable part of the administrative office environment, and that mediation itself will influence the organizational culture of the public administration offices. Mediator, being the part of the environment of apublic institution, acts as alink between the organization and its specific and general surroundings. Their specific role should be considered from axiological and communicative as well as praxeological perspective. The conflicts in which public administration bodies are engaged due to their fulfilment of the law dictates the specificity of interactions between these bodies and their environment. This environment is highly dynamic, therefore mediators can be counted as the task environment for such bodies. Since it is not possible to predict all the factors influencing the body’s activity, such as the frequency with which different cases are filed, from the praxeological perspective the mediator’s participation in the court proceedings, as an organ operating outside the administrative structures, is justified.
14
Charpy, Chloé. "France. The Conseil d'Etat Abandons Its Cohn Bendit Case-Law; Conseil d'Etat, 30 October 2009, Mme Perreux." European Constitutional Law Review 6, no. 1 (February 2010): 123–36. http://dx.doi.org/10.1017/s1574019610100078.
Повний текст джерелаАнотація:
For over 30 years the French Conseil d'Etat has maintained that it is impossible to rely on EC Directives before French administrative courts in a complaint filed against an individual administrative act. This in spite of the Court of Justice's well known case-law that directives under certain conditions can have direct effect, as was first recognized in SpA SACE v Finance Minister of the Italian Republic of 17 December 1970 and confirmed by Van Duyn v Home Office of 4 December 1974.
15
Люх, В. В. "ADMINISTRATIVE AND LEGAL STATUS LAW ENFORCEMENT AUTHORITIES AS ENTITIES ENSURING THE FINANCIAL SECURITY OF THE STATE." Juridical science, no. 1(103) (February 19, 2020): 193–204. http://dx.doi.org/10.32844/2222-5374-2020-103-1.23.
Повний текст джерелаАнотація:
The article is devoted to the study of the administrative and legal status of law enforcement agencies as subjects of financial security of the state, in the context of which the author answers three questions: 1) «What is meant by the category» administrative and legal status?»; 2) “Which law enforcement agencies are directly involved in ensuring the financial security of the state?; 3) «What competence do these law enforcement agencies have in the field of financial security and what are their responsibilities?». Having defined the content of such categories as “status”, “legal status”, “administrative-legal status”, the author proposes to understand the administrative-legal status of a law enforcement body as a subject of financial security as an administrative law provision of a law enforcement body, powers and responsibilities in the field of financial security of the state. The definitions of the concept of «law enforcement agencies» are analyzed, the lack of a common vision of the content of their activities at both the legislative and doctrinal levels is stated, their features are formulated. It is determined that law enforcement agencies that are the subjects of financial security of the state can include only the National Police of Ukraine, the Security Service of Ukraine, the tax police of the State Fiscal Service of Ukraine and the National Anti-Corruption Bureau of Ukraine, the Prosecutor’s Office, the State Bureau of Investigation and the State Audit Office. Through the prism of their tasks and functions as categories that concisely and meaningfully express their competence and authority, the main features of their administrative and legal status are identified. It is concluded that the specialized legislation of Ukraine at the level of laws and regulations enshrines elements of the administrative and legal status of law enforcement agencies as subjects of financial security of the state, but overall their administrative and legal status is regulated in some fragments, which requires improvement of Ukrainian legislation. research area and is an additional argument for the creation of a single law enforcement agency the Bureau of Economic Security of Ukraine.
16
Strelnikov, Vladilen V. "Administrative Law Aspects of Bringing Employees of Prosecution Authorities to Disciplinary Liability." Administrative law and procedure 12 (December 10, 2020): 59–61. http://dx.doi.org/10.18572/2071-1166-2020-12-59-61.
Повний текст джерелаАнотація:
The scientific article analyses issues related to the practical implementation of legal norms governing the procedure for disciplinary liability of prosecutors. A theoretical analysis of the interpretations of disciplinary responsibility in the public service formulated by leading legal scholars was carried out. A comparative legal analysis has been carried out of the regulations governing the procedure for the imposition of disciplinary penalties in State bodies, including law enforcement agencies and the legal documents governing these issues in the prosecutor’s office.
17
Karim, Sheikh Mohammad Towhidul. "The Ombudsman Act 1980: redressing administrative grievances in Bangladesh." International Journal of Law and Management 60, no. 1 (February 12, 2018): 172–84. http://dx.doi.org/10.1108/ijlma-04-2017-0090.
Повний текст джерелаАнотація:
Purpose It is recognized worldwide that an ombudsman system makes the public administration more transparent and accountable to the public. This paper aims to examine the provisions of the Ombudsman Act 1980, as well as the position, role and necessity of the Office of the Ombudsman in Bangladesh. It also evaluates how the ombudsman institution can act as a gateway for citizens of Bangladesh to resolve complaints against the maladministration of public administration in the country. Design/methodology/approach The study is basically qualitative in nature where both primary and secondary sources have been used. As well, a combination of analytical methods and current legislative methods, together with future legislative techniques, was used in the study. Findings This study finds that the ombudsman is a vital institution for Bangladesh to eliminate maladministration, nepotism and abuse of human rights, as well as abuse of the power of the public administration. Going forward, Bangladesh needs to amend the existing Ombudsman Act 1980 and then take proper steps to firmly establish the Ombudsman Office to ensure and increase public confidence, operational effectiveness and good governance and human rights throughout the country. Research limitations/implications The main implication of this study is that it will play an important role for the development of the rule of law and human rights in Bangladesh. This study will make its readers and particularly the citizens of Bangladesh aware of the importance of the “Office of the Ombudsman” in Bangladesh and the existing loopholes in the current Ombudsman Act 1980. This research also provides a new avenue for scholars to contribute their knowledge and wisdom toward nation-building by further researching the Office of the Ombudsman in Bangladesh. In this way, scholars in this field can share their experiences of the role of the ombudsman to a wider audience. Practical implications The study will facilitate policymakers and the government to enact an effective new law or to amend the existing law relating to the ombudsman. Originality/value The paper sets out the proposed amendment to the Ombudsman Act 1980. Hence, it will be of interest to policymakers, government, organizations of civil society and those developing countries that have not taken steps toward forming an ombudsman institution.
18
Thomas, Robert. "Evaluating tribunal adjudication: administrative justice and asylum appeals." Legal Studies 25, no. 3 (September 2005): 462–98. http://dx.doi.org/10.1111/j.1748-121x.2005.tb00679.x.
Повний текст джерелаАнотація:
This article examines the development, operation and reform of the tribunal system responsible for determining appeals against the refusal of refugee status by the Home Office. Consideration of this particular appellate system is situated within a broader discussion of the criteria and values against which tribunal adjudication systems may be evaluated, By examining asylum appeals, light is shed on the theory and practice of administrative justice with regard to: the problematic nature of ensuring accuracy in tribunal decision-making; the tensions under which appeal procedures operate; the importance of onward appeal rights; and the role of tribunals in policy implementation. The article argues that recent reform of the asylum appeal process, including the introduction of a single tier of appeal, the Asylum and Immigration Tribunal, by the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 and restrictions on legal aid, has been motivated by political considerations and may increase the dificulties in operating an effective appeal process.
19
Holcman, Borut, and Gernot Kocher. "Jurisdiction in the Territorial Hierarchical Administration Office: An Example of the Historical Land of Styria from 1186 to 1850." Lex localis - Journal of Local Self-Government 7, no. 4 (October 27, 2009): 425–39. http://dx.doi.org/10.4335/7.4.425-439(2009).
Повний текст джерелаАнотація:
Division of administrative powers is the result of concrete decisions made by the supreme power holders (ius eminens) to be present in the daily life of an individual. Quarters, district offices (in Slovene: “kresije” [pl.]), counting offices, recruitment districts, and district boards were those agents of power that were used by the supreme power holder to ensure the common good through them. The holder‟s power originated from the supreme power holder. It was restricted by the degree at which he operated. According to the nature of things, the power was subordinated by the delegated competences, and they functioned on the principle of subsidiarity, or it was autonomous under control in the case of the Church. Pragmatism of each supreme power holder is reflected in observing the divisions in operation. They most frequently emerged from the controlled autonomy.
KEYWORDS: • jurisdiction • administration • institution • hierarchical character of bureaucratic apparatus • administrative history • Roman Catholic Church
20
Makarchuk, Vitalii. "ADMINISTRATIVE AND LEGAL STATUS OF LAW ENFORCEMENT BODIES AS SUBJECTS OF FORMATION AND IMPLEMENTATION OF STATE POLICY IN THE FIELD OF NATIONAL SECURITY AND DEFENSE." Law Journal of Donbass 75, no. 2 (2021): 35–44. http://dx.doi.org/10.32366/2523-4269-2021-75-2-35-44.
Повний текст джерелаАнотація:
The article is devoted to the administrative and legal status of law enforcement agencies as subjects of formation and implementation of state policy in the field of national security and defense. The article outlines the basic terminological concepts, such as: status, legal status, administrative and legal status. The opinions of various scholars on the interpretation of the concept of the legal status of law enforcement agencies, its structure and elements are analyzed. The administrative and legal status of law enforcement agencies that ensure the formation and implementation of state policy in the field of national security and defense, including the administrative and legal status of the National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards. It was established that the administrative and legal status is a systemic set of such administrative and legal properties of law enforcement agencies that implement state policy in the field of national security and defense, as: competence; the order of formation and acquisition of legal features; name; location; structure; goals of operation; responsibilities, which are directly regulated by current regulations, laws of Ukraine, and international agreements, the binding nature of which is given by the Verkhovna Rada of Ukraine. The presence of administrative and legal status means that law enforcement agencies have the competence defined by administrative and legal norms – subjects of jurisdiction, rights and responsibilities (powers), are responsible for actions or omissions within their own or delegated competence, perform public, executive, functions involved in administrative legal relations of a regulatory or protective nature. It was concluded that the administrative and legal status of law enforcement agencies (National Police, Prosecutor's Office, National Anti-Corruption Bureau of Ukraine, State Bureau of Investigation, Law Enforcement Service, State Security Service of Ukraine, state border guards) as subjects of state policy formation and implementation in sphere of national security and defense determines the main directions of influence on public relations in the state, and those that arise to protect the interests of national security and defense of the state. It was stated that the obligatory sign of acquisition by law enforcement bodies - subjects of administrative-legal status is the presence of specific subjective rights and obligations, which are realized both within the administrative legal relations and outside them.
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Suska, Magdalena. "Zasada kadencyjności organów jednostek samorządu terytorialnego." Studia Politologiczne, no. 59/2021 (March 31, 2021): 252–61. http://dx.doi.org/10.33896/spolit.2021.59.13.
Повний текст джерелаАнотація:
In 2018, amendments to the law entered into force, which extended and reduced the term of administrative officer of the commune, mayor, and city president. There is a dispute in the doctrine regarding the constitutionality of the adopted regulations. Constitution of the Republic of Poland leaves the ordinary legislator to determine the principles and procedure for electing the executive bodies of local government units. The literature presents agruments for and against the introduced changes. The adopted changes are effective from the term of office started in 2018, terms that have already ended are not taken into account.
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Chluski, Andrzej, Dorota Jelonek, Cezary Stępniak, Tomasz Turek, and Leszek Ziora. "The Role of E-Government Tools in the Business Activation of Regions." Applied Mechanics and Materials 795 (October 2015): 24–30. http://dx.doi.org/10.4028/www.scientific.net/amm.795.24.
Повний текст джерелаАнотація:
In the contemporary economy the more and more greater role is played by state and local government institutions. Offices of public administration not only create law, but more and more often become initiators of the different type of investments undertaken on the ground of their jurisdiction. Often neighbouring administrative units begin to compete between themselves in gaining of investments and resources for the purpose of its own development. In the functionality of mentioned offices the greater role is performed by IT systems building the architecture of a given unit, clearly expressed among other things in the idea of intelligent city. Applied by offices of public administration IT systems are more often opened for suppliants creating e-government tools [1]. In this paper was presented the role of e-government tools in the business activation of the region on the basis of IT systems made available by Czestochowa Municipal Office. The review of potential directions of the e-government tools usage in different areas of social-economic life of the city will be presented
23
Trabsky, Marc. "The coronial manual and the bureaucratic logic of the coroner's office." International Journal of Law in Context 12, no. 2 (June 2016): 195–209. http://dx.doi.org/10.1017/s1744552316000069.
Повний текст джерелаАнотація:
AbstractThis paper examines the coronial manual as a technique of occupying office in the nineteenth and twentieth centuries. The manual guided coroners in the performance of their duties, obligations and responsibilities. It was preoccupied with questions of technical knowledge, operational processes and administrative procedure. The language ofofficethat characterised coronial treatises prior to the eighteenth century was gradually supplemented in the nineteenth century by the discourse of bureaucracy. This paper argues that the guidebook professionalised the office of coroner in Australia by setting out procedures, forms and rituals for assuming responsibility for the dead. It also provided advice to coroners for devoting themselves to a vocation in the public service. The paper thus traces historical shifts in the technology of the coronial manual in British colonies and examines how a bureaucratic logic of the coroner's office affected the way in which coroners pursued justice during the death investigation process.
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Marišová, Eleonóra, Tomáš Malatinec, and Lucia Grešová. "THE EUROPEANIZATION OF THE SLOVAK ADMINISTRATIVE LAW AND CURRENT STATE ADMINISTRATION REFORM IN THE AGRICULTURE, FORESTRY AND LAND SECTOR." EU agrarian Law 2, no. 2 (December 1, 2013): 72–80. http://dx.doi.org/10.2478/eual-2013-0010.
Повний текст джерелаАнотація:
Abstract State administration of the Slovak republic is a subject to extensive reform of local authorities with a purpose to simplify access of citizens to the administrative matters at the local state administration as well as for the purposes of public funds savings. The paper reflects current situation in the reforming process in the field of agriculture, forestry, hunting, landscape and cadaster state administration and current situation in the Europeanization of the Slovak administrative law. The ESO (effective, reliable, open state administration) reform transferred local specialized state administration to the general model of district offices with sectorial departments. Thus the reform introduced structural change with transfer of competences to newly established district offices. The reform also introduced horizontal two-instance decision making procedure at the district offices with the seat in the region that is doubtful. The emphasis is on the procedural rules of administrative procedure due to the fact that administrative law is modified under the Europeanization of law. The reform in the field of agriculture, forestry and cadaster state administration expects saving of public sources by 8 664 884 € in 2013 and by 33 013 199 € in 2014.
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Rafiqi, Rafiqi. "Kompetensi Pengadilan Tata Usaha Negara dalam Menyelesaikan Kasus Tanah tentang Hak Pengelolaan." JPPUMA: Jurnal Ilmu Pemerintahan dan Sosial Politik Universitas Medan Area 5, no. 2 (December 28, 2017): 108. http://dx.doi.org/10.31289/jppuma.v5i2.1207.
Повний текст джерелаАнотація:
<p><em>The Law of Execution in the Administrative Court is different from the law of execution in civil courts. The civil trial of execution law is supplemented by physical means, namely: Jita Sita, aid of State Instruments (Police) and so on, which can force fiction so that the losers obey the court's decision. In the Administrative Court it is not possible, the Administrative Court is only equipped with administrative facilities only, in accordance with its authority which only judges in terms of administrative legality (administrative court). Rights Management issued a letter of proof of rights in the form of a certificate of Right of Management by the Land Office. The management rights are the right to land. The purpose of legal certainty itself will be fulfilled if if a device or legal system that can run and support the achievement of a legal kepolisia, especially the role of institutions that are authorized</em></p>
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Eichenhofer, Johannes. "Behördliche Beratung und Informationsrisiko." Die Verwaltung 53, no. 4 (October 1, 2020): 501–34. http://dx.doi.org/10.3790/verw.53.4.501.
Повний текст джерелаАнотація:
In the social constitutional state, the administration’s mandate is not limited to making legal and expedient decisions. According to § 25 of the German Administrative Procedure Act and parallel provisions in social, tax and procurement laws, the office administrators are obliged to advise the individual to a certain extent on the exercise of their rights, whereby the requirement of legality and expediency is at least to some extent supplemented by a requirement of optimization. The present contribution will discuss the justification, the regulatory context, and the extent of the duty to provide advice, as well as the consequences of insufficient or incorrect advice. The institution of official advice is interesting for the discipline of administrative law as it stands at the interface of civil law and administrative law (substantive and procedural), and therefore, is able to reconstruct its dogmatic form on the basis of the “doctrine of legal relations”. Finally, the official duties to advise exemplify how administrative procedural law deals with information risks – a hitherto neglected component of general information administrative law.
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Kotrusová, Miriam, and Klára Výborná. "A policy fiasco: The institutional (non-)reform of Czech public employment services in 2011." Central European Journal of Public Policy 9, no. 1 (May 1, 2015): 148–58. http://dx.doi.org/10.1515/cejpp-2016-0007.
Повний текст джерелаАнотація:
Abstract The article deals with an institutional reform of public employment services implemented in the Czech Republic in 2011. By merging social benefits administration with employment services into the newly established Labour Office of the Czech Republic, the right-wing government attempted to reduce the staffing and administrative costs of these services and to improve the governance of local labour offices. Using the theoretical concept of “policy fiasco” and taking an interpretive perspective thereon, we analyse these organisational changes in the functioning of public employment services in the Czech Republic. Our data consist of interviews with experts on labour market policy in the Czech Republic and two focus groups with employees of labour offices who had participated in the reform process. We conclude that the institutional reform of public employment services in the Czech Republic in 2011 can be referred to as a policy fiasco in the sense of the theoretical concept used in the work of Bovens and t’Hart (1998).
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Ismail, Mahli. "The Problem of Property Rights to Land Acquisition of State (Jurisprudence and Conditions in Land National Law)." Budapest International Research and Critics Institute (BIRCI-Journal) : Humanities and Social Sciences 2, no. 3 (August 1, 2019): 51–60. http://dx.doi.org/10.33258/birci.v2i3.393.
Повний текст джерелаАнотація:
This study aims to answer the problem of construct and control of the state land by various parties to acquire the property. Structurally scholars of jurisprudence establishof three procedures, such as identification, turn and obtain approval from the government to acquire the property. While the provisions of the National Agrarian Land Legislation of Indonesia set-up of property rights happen in three ways; the determination of the government, the provision of conversion and based on customary law. These requirements include the identification of former state land and wastelands and conditions, cultivation way, and obtaining permission from the government. While distinctive occur in terms designation and use of land in the Treasury Office into the absolute requirement for bookkeeping administrative enforcement of land rights. While the jurisprudence is not required certain types of plants or buildings in the enforcement of land rights administration books. While in general terms there should be plants and buildings as well as the limits of the fence is needed as a requirement in jurisprudence. While at the acreage requirement in the Treasury Office required two hectares per household, is an important requirement for the Treasury Office, because they want to regulate the distribution and people's livelihood of farmers` equalization.
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Haskett, Timothy S. "The Medieval English Court of Chancery." Law and History Review 14, no. 2 (1996): 245–313. http://dx.doi.org/10.2307/743785.
Повний текст джерелаАнотація:
The medieval English Court of Chancery is not a well-known institution. Its Victorian great-granddaughter—if to posit such a relationship does the antecedent justice—has a far broader public for its much darker persona, thanks to Jarndyce and Jarndyce. Even Chancery's Jacobean descendant looms larger in the historical memory than does its medieval forebear, if only for the celebrated battle between Chancellor Ellesmere and Coke, CJ. Perhaps with the brief tenure of St. Thomas More, brought into our own popular culture by playwright Robert Bolt and actor Paul Scofield, the early Chancery emerges for a moment, although the court under More was overshadowed by that chancellor's more difficult trials. In fact, the Chancery as a court has been subsumed in a multitude of studies on the Chancery as an administrative office. It appears in essays on government, councils and parliaments, writing offices and administrative centers. Yet the court that grew around the chancellor was not the sum, or even just a part, of his activity as the leading administrator of the realm. Still, with a few exceptions, the medieval Court of Chancery has never been afforded the same careful and discrete treatment its Elizabethan successor has received. The older court remains a footnote to administrative history, something just on the far side of the light cast by St German and Tudor records.
30
Ura, Paulina. "Decision as a legal form of issuing a weapon license for a Police officer." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 31 (2020): 250–59. http://dx.doi.org/10.15584/znurprawo.2020.31.20.
Повний текст джерелаАнотація:
The legal form of the administration’s operation is the type of specific activity specified by law, which may be used by the administrative body to settle a specific matter. It is equivalent to the concept of legal action under civil law. One form of administration is the issuing of administrative acts, and the most common and typical form of an administrative act is an administrative decision. This legal form is the issuing or refusal of issuing a weapon license to a police officer.
31
Mou, Zhenyu. "Land, Law and Power." European Journal of East Asian Studies 14, no. 2 (2015): 287–312. http://dx.doi.org/10.1163/15700615-01402005.
Повний текст джерелаАнотація:
This paper explores the origin and development of the cadastre in the French Concession in Shanghai (1849–1943). The paper mainly focuses on how the cadastre functioned as an instrument of power in different periods. It argues that the cadastre originated from and was influenced by the cadastre system in France, although it evolved with its own characteristics owing to the complex political and administrative configuration that prevailed in Shanghai. It actually took more than a half-century for the French municipality to make the cadastre the only effective means and instrument for the management of land and land tax. It took several successive land surveys to reveal all the land in the French Concession. Eventually, however, the Cadastral Office in the French Concession cadastre took precedence and dispossessed the Chinese authorities of their initial power over land.
32
Marchisio, Emiliano. "Are EUIPO Trade Mark Examiners and the Boards of Appeal Bound by Precedent Decisions?" GRUR International 69, no. 9 (June 18, 2020): 893–901. http://dx.doi.org/10.1093/grurint/ikaa097.
Повний текст джерелаАнотація:
Abstract Are EUIPO examiners and appeal bodies bound by previous decisions of the office they belong to? Before the decision in Puma was issued, there was a succession of frequently referred to ECJ precedents which were apparently disregarded. EUIPO offices had been considered bound to the sole law (and, where precedents are concerned, only to ECJ case-law). However, after Puma, pursuant to the administrative duty to act consistently and to state the grounds on which decisions are based, it is concluded that relevance of EUIPO precedents (and of the ‘Trade mark guidelines’, as far as they are based on them) should not be set aside simply because they are not formal sources of law. Instead, they should be appreciated as rules of administrative procedure. In this sense, precedent EUIPO decisions should be recognised as more than just a persuasive power (which they share with all other relevant ‘precedents’ such as Member States case-law or offices’ decisions). In fact, it should be acknowledged that they also have a role within the duty of motivation of administrative decisions. So if EUIPO decides to depart from a precedent or from its ‘Trade mark guidelines’, explicit and detailed motivation of such departure is required. Even if the EUIPO is under a general duty to take into account the decisions already taken in respect of similar applications, a specific duty to take into consideration a given precedent requires that such precedents are duly reported with all relevant elements to be taken into consideration (factual context and legal reasoning) within the decision to be issued.
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Triwahyuni, Abdullah Dian. "Kewajiban Dan Tanggung Jawab Notaris Sebagai Pejabat Umum." Acta Comitas 5, no. 1 (April 27, 2020): 1. http://dx.doi.org/10.24843/ac.2020.v05.i01.p01.
Повний текст джерелаАнотація:
The position of notary has been regulated in Act Number 2 of 2014 concerning Amendment to Law Number 30 of 2004 concerning Notary Position (hereinafter referred to as UUJN-P). Even so, philosophical and technical notary obligations and responsibilities are not regulated in detail in these laws and regulations, leading to the absence of a barometer that becomes a standard for notary behavior, notary office administration system, and notary office governance that applies universally. This has caused in some instances negative views on the notary profession in the community. One of the negative views is because the morality of the notary is not in tune with ethical behavior in society. Negative views also arise due to the administration of notary office administration and the layout of the notary office that does not meet the aesthetic element. The situation made the notary public seem unprofessional in providing social services in his function as a public official. Then what should be the notary morality? How about a good notary office administration? How should the notary manage his office? The writing of this article uses normative research using a positive legal approach and a conceptual approach. Sources of legal materials used are primary legal materials and secondary legal materials. Legal materials were analyzed using descriptive techniques. The results of this study indicate that there are not yet detailed and universal rules regarding the obligations and responsibilities of notaries sociologically and technically in providing social services, but the values ??that live and develop in society can be used as benchmarks for notary behavior and administrative systems notary office and notary office governance.
34
Batko, Alicja. "Legal and Administrative Time Limits in the Context of the Latest Amendments of the Act of 14 June 1960 – Administrative Procedure Code." Przegląd Prawa Administracyjnego 3 (September 5, 2021): 11–29. http://dx.doi.org/10.17951/ppa.2020.3.11-29.
Повний текст джерелаАнотація:
On 3 July 2019 a rule that a deadline is deemed to have been met if, before its expiry, a letter was posted at a Polish post office facility of the designated operator in the meaning of the Postal Law Act or at a postal facility of the operator providing the universal postal services in another Member State of the European Union, the Swiss Confederation or a Member State of the European Free Trade Association (EFTA) – a party to the European Economic Area Agreement, was introduced into the Polish administrative procedure. Prior to the date of the aforementioned amendment coming into force, it was necessary to post a letter at a Polish post office facility of the designated operator in the meaning of the Postal Law Act in order to be able to state that the deadline was met. The interim provisions introducing the above-mentioned changes stipulated that the regulation in the wording before the amendment applies to the factual circumstances that took place before the date of its coming into force. However, by virtue of the judgement of the Constitutional Tribunal of 30 October 2019 also the above-mentioned regulation expired to the extent in which it functioned under the interim provisions. The amendment of the administrative proceedings provisions and the aforementioned ruling of the Constitutional Tribunal made it possible to adjust the administrative procedure in this respect to the constitutional requirements as well as the provisions of the law of the European Union, and ensured the consistency of this regulation with analogous regulations in other proceedings in the Polish legal system.
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Hermawan, Rico. "The Impacts of Transferring Marine and Fisheries Affairs in West Java Province and Indramayu Regency." Policy & Governance Review 2, no. 1 (March 23, 2018): 29. http://dx.doi.org/10.30589/pgr.v2i1.71.
Повний текст джерелаАнотація:
This article aims to discuss implications prompted by the transfer of administrative affairs in the field of marine and fisheries following the enactment of Law 23 of 2014 on Regional Governance. The locus of this study lies in the West Java Province Marine and Fisheries Office and the Indramayu Regency Fisheries and Marine Office. The policy implications were analyzed based on three aspects, namely human resource, organization, and finance. In both offices there was an issue concerning the lack of human resource capacity to support the authority they applied. The number of provincial office personnel did not support the expansion of the office’s given authority. Meanwhile, the potential of regionally generated revenue through activities such as laboratory testing and export certification for processed fish products had been dropped since such authority had been transferred to the central government. The process of transferring regional/ municipal assets to the province had also left behind remaining issues due to indeterminate status of lands in the regency. Based on the description of the matter, the coordination process between the regional and central government seemed very poor in the implementation of this law. The process of fiscal independency also became threatened due to regulatory format weakening the regions to increase their regional revenue contributions.
36
Oxman, Bernard H., and William J. Aceves. "Public Report Of Review Of Nao Submission No. 9703." American Journal of International Law 93, no. 1 (January 1999): 224–26. http://dx.doi.org/10.2307/2997967.
Повний текст джерелаАнотація:
Public Report of Review of NAO Submission No. 9703.U.S. National Administrative Office, U.S. Department of Labor, July 31, 1998.On July 31,1998, the U.S. National Administrative Office (NAO) issued its Public Report of Review (Report) on a petition filed by several U.S. and Canadian labor unions alleging labor law violations in Mexico. The Report found credible allegations that Mexican workers were threatened and attacked as they sought to pursue legitimate union activities at an export-processing plant in Ciudad de los Reyes, Mexico. In addition, the Report determined that Mexican officials had failed to protect the labor interests of Mexican workers seeking to exercise their freedom of association. The Report called for ministerial consultations between the U.S. Secretary of Labor and the Secretary of Labor and Social Welfare of Mexico to address these issues.
37
Wnuk, Radosław. "Stages in Canonical Provision of the Office of Pastor under the Current Polish Synodal Legislation." Roczniki Nauk Prawnych 28, no. 1 ENGLISH ONLINE VERSION (October 25, 2019): 119–35. http://dx.doi.org/10.18290/rnp.2018.28.1-7en.
Повний текст джерелаАнотація:
According to Polish synodal legislation, similarly to the Code of Canon Law, the provision of the office of pastor consists of three stages: 1) designation of a person, 2) conferral of the title, and 3) taking possession of the office.
In accordance with both universal and particular law, the provision may be free or dependent. The diocesan bishop confers the office freely (cc. 523–525). In the case of a dependent provision, however, another competent ecclesiastical authority nominates a candidate, and the diocesan bishop only confers the title to the office (c. 525; 682, §1).
According to legislators of particular law, the conferral of a legal title to an office should take place by a nomination decree. The decree should meet the requirements of a singular administrative act (cc. 48–57).
The placement in the possession of a parish by the local ordinary or his delegate and the assumption of the office by a pastor is the final stage of the provision. Under particular law, two aspects of this act are distinguished: the legal aspect (the drawing up and signing of a handover protocol by the pastor and other competent bodies), and the liturgical one (solemn entry of a new pastor into the parish church according to the ritual of a specific particular Church).
Legislators of particular law also places the presbyter who has been promoted to the office of pastor under an obligation to make a profession of faith (c. 833, 6°) and take the oath of fidelity, according to the formulas approved by the Holy See.
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Muzakkir, Nurul, Yanis Rinaldi, and Adwani Adwani. "Cancellation of Land Ownership Certificate by the State Administrative Court Reviewed from the State Administrative Justice Law." International Journal of Multicultural and Multireligious Understanding 8, no. 4 (May 4, 2021): 703. http://dx.doi.org/10.18415/ijmmu.v8i4.2624.
Повний текст джерелаАнотація:
Based on Article 32 paragraph (2) of Government Regulation No. 24 of 1997 concerning Land Registration states, in the event that a land area has been issued a certificate legally and on behalf of a person or legal entity who acquires the land in good faith and expressly controls it, then the other party who feels that it has the right to the land, can no longer demand the exercise of the right if within a period of 5 years from the issuance of the certificate does not object in writing to the holder of the certificate or the Head of the Land Office concerned or does not file a lawsuit to the Court regarding the mastery or issuance of the certificate. Legal problems arise that a certificate that has been issued a certificate for 5 years can not be sued in court on an validity basis. The results showed that the cancellation of land rights certificate by tun court based on The State Administrative Court Law, cancellation of land certificates by deliberation and other efforts and unilateral settlement by the National Land Agency (BPN) has been carried out, where the plaintiffs held a review of the State Administrative Decision that has been issued can not be received by the plaintiff or the disputing party. Prior to the ruling that has legal force it remains prohibited for the relevant State Administration officials to carry out mutations on the land in question, it is to avoid the occurrence of problems in the future that cause harm to the litigants and third parties.
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Nazritskaya, Т. S. "Legal and Practical Conditionality of the Prosecutor’s Participation in the Consideration of Administrative Off enses Cases in Commercial Courts." Actual Problems of Russian Law 16, no. 2 (February 26, 2021): 183–91. http://dx.doi.org/10.17803/1994-1471.2021.123.2.183-191.
Повний текст джерелаАнотація:
The paper examines the prosecutor’s role in the administrative jurisdictional proceedings in a commercial court. The author provides numerous examples from prosecutorial and judicial practice, reflecting the activities of prosecutors to strengthen the rule of law through participation in commercial litigation. The paper also indicates the requirements imposed by legislation, organizational and administrative documents of the General Prosecutor’s Office of the Russian Federation and the prosecutor’s offices of the constituent entities for the work of prosecutors in this direction. Based on statistical data on the number of cases initiated by prosecutors and the corresponding cases considered by the courts, the role of the prosecutor in the consideration of cases of the analyzed category by the courts is determined. According to the results of the study, the author points out the shortcomings of certain provisions of the law, determines the need to improve the theoretical foundations of the participation of the prosecutor in the consideration of cases of administrative offenses in commercial courts, emphasizes that changing the procedure for legal regulation of the participation of the prosecutor in commercial litigation is necessary in connections with changing social relations, and the preservation of the existing order gives rise to stagnation in the development of procedural legislation.
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Siekiera, Joanna. "Rola sądów administracyjnych w nowozelandzkim systemie prawnym." Prawo 320 (September 28, 2016): 121–29. http://dx.doi.org/10.19195/0524-4544.320.8.
Повний текст джерелаАнотація:
The administrative tribunals in the New Zealand legal systemThe article describes administrative judiciary in New Zealand, as well as its significant role in the whole legal system of the country. The development of administrative tribunals in many countries may differ, as it is associated with the constantly increasing power of any state bodies. Administrative competences do gradually rise due to the complexity of New Zealand society, but also as a response to non-compliance with social justice. In New Zealand, state carries out the functions which until recently were, or in certain countries are still, in private hands. In addition, the New Zealand administrative law system includes such institutions as the Court of Copyright, the Office of Pharmacy or the College of Appeal Land.
41
Tidmarsh, Matt. "‘If the cap fits’? Probation staff and the changing nature of supervision in a Community Rehabilitation Company." Probation Journal 67, no. 2 (March 18, 2020): 98–117. http://dx.doi.org/10.1177/0264550520911982.
Повний текст джерелаАнотація:
This article explores the changing nature of supervision in a Community Rehabilitation Company (CRC) following the Transforming Rehabilitation ( TR) reforms to probation services in England and Wales. Based on an ethnographic study of an office within a privately owned CRC, it argues that TR has entrenched long-term trends towards ‘Taylorised’ probation practice. This is to say that qualitative and quantitative changes to the complexion of practitioners’ caseloads since TR reflect a decades-long devaluation of the probation service and its staff. The decision to allocate most qualified practitioners to the National Probation Service means that Case Managers (i.e. probation service officers) now supervise offenders who would historically have been supervised by Senior Case Managers (i.e. probation officers). This loss of expertise has been exacerbated by administrative staff redundancies at the office. The result is an increasingly standardised and fragmented mode of working within the CRC in which the majority of services are now delivered by the voluntary sector.
42
Barhamudin, Barhamudin. "Penyalahgunaan Kewenangan Pejabat Pemerintahan Dan Ruang Lingkupnya Menurut Undang-Undang Administrasi Pemerintahan." Solusi 17, no. 2 (May 1, 2019): 175–92. http://dx.doi.org/10.36546/solusi.v17i2.171.
Повний текст джерелаАнотація:
The purpose of this research is to find out, study and analyze in determining the element of abusing authority in government administrative laws. In this study using normative research with a statutory approach and a conceptual approach. Legal materials consisting of Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials. The results obtained are benchmarks to determine the existence of abuse of authority according to administrative law, in this case UUAP occurs if government officials or officials conduct discretion without going through procedures and the purpose is not carried out within the scope of what has been determined by Law of the Republic of Indonesia Number 30 of 2014 concerning Government Administration in article 17 and article 18 includes: a. The statute goes beyond the authority; b. prohibition of confusing authority; c. prohibition of arbitrary actions. d. beyond the term of office or the validity period of the Authority; e. beyond the territorial validity of the Authority; and / or f. contrary to statutory provisions. g is outside the scope of the field or material given Authority; and / or h. contrary to the stated purpose of the Authority. Abuse of authority either according to administrative law or criminal law has the respective legal domain. Decisions and / or Actions that are determined and / or carried out by exceeding illegitimate Authority if it has been tested and there is a Court Decision that has permanent legal force and Courts that have permanent legal force.
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Aspani, Budi. "EKSISTENSI PERADILAN TATA USAHA NEGARA DALAM PENYELENGGARAAN PEMERINTAHAN." Solusi 17, no. 2 (May 1, 2019): 114–21. http://dx.doi.org/10.36546/solusi.v17i2.172.
Повний текст джерелаАнотація:
Legal protection of citizens for acts committed by the authorities can be done through 3 (three) bodies, namely the State Administration Agency, through administrative efforts, the State Administrative Court, based on Undag - Law Number 5 of 1986, General Judiciary, through Article 1365 of the Civil Code. In an effort to approach the main problem in this study, the authors use the type of library research that is descriptive analysis, namely by conducting research on library materials, then carried out an analysis by referring to the laws and regulations in the fields related to the problem under study. After discussing the existing problems, it can be concluded that the authority or competence of the State Administrative Court Judge is to examine, decide upon and resolve the State Administration dispute between civil persons or legal entities as a result of the issuance of a State Administration Decree. The State Administration Decree issued by the State Administration Agency / Officer can be denied by submitting Administrative Efforts consisting of Administrative Objections and Appeals. Against Decisions Administrative efforts in the form of administrative objections and appeals can be filed with the State Administrative Court within a grace period of 90 (ninety) days from the date of receipt or announcement of the Decree of the State Administration Agency / Officer.
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PADILLA RAMÍREZ, JESSICA ELIANE. "LOS CONFLICTOS DE INTERESES EN EL MARCO JURÍDICO MEXICANO: SU INDEFINICIÓN NORMATIVA." YachaQ Revista de Derecho, no. 11 (July 31, 2020): 127–44. http://dx.doi.org/10.51343/yq.vi11.365.
Повний текст джерелаАнотація:
En la legislación mexicana, la actuación de los servidores públicos bajo conflicto de interés se encuentra regulada como una falta administrativa grave, cuyas consecuencias pueden ir desde la suspensión temporal del cargo hasta la inhabilitación; sin embargo, se trata de un tipo administrativo de difícil determinación y sanción, como resultado de dos situaciones concretas: 1) es una práctica reiterada, normalizada y aceptada; y 2) la normatividad mexicana es imprecisa en lo que se refiere a esta conducta. Por lo tanto, el presente documento analiza los conflictos de intereses desde una perspectiva jurídica y, a partir de un enfoque práctico, propone elementos que faciliten su comprensión e identificación.
In mexican law, the conduct of public servants with conflict of interest is regulated as a serious administrative offense, the consequences of which can range from temporary suspension of office to disqualification; however, it is an administrative type of difficult determination and sanction, as a result of two specific situations: 1) it is a reiterated, standardized and accepted practice; and 2) mexican regulations are imprecise regarding this conduct. Therefore, this document analyzes conflicts of interest from a legal perspective and, from a practical approach, proposes elements that facilitate their understanding and identification.
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Danovskis, Edvins. "Basic concepts and current developments of Latvian administrative law." Prawo 327 (June 11, 2019): 231–42. http://dx.doi.org/10.19195/0524-4544.327.14.
Повний текст джерелаАнотація:
The article outlines some basic elements of Latvian administrative law, namely the civil service system, state liability law and administrative offence law. The Latvian civil service system is characterized as a decentralized position model, and concepts of “decentralization” and “position” model are briefly described. In the context of state liability law a recent development of the introduction of the concept of “non-material harm” is outlined, explaining why Latvian administrative law has abandoned the concept of “moral harm” used previously. Regarding administrative offence law the article describes the most significant changes to be introduced into legislation in 2018
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Hasani, Alireza, and Zahra Nouri. "Conflict Detection in the Ownership Documents and Procedure to Deal with It." Journal of Politics and Law 10, no. 2 (February 28, 2017): 169. http://dx.doi.org/10.5539/jpl.v10n2p169.
Повний текст джерелаАнотація:
This research is procedure of dealing with adverse ownership documents that research method is analytical and library and descriptive and has been collected by relying on the texts of laws and procedures and circulars, articles, researches, and books that have been published on this subject and as well as experimental observations of the author. Reference to adjust and register contracts and ownership documents are notary public offices in accordance with Article one of a law of notary public offices approved 25 July 1977. Registration offices as higher than the reference of notary public offices have had a major and fundamental role in issuing ownership documents in accordance with provisions of the law the Real Estate Registration approved in 1931, as in accordance with Article 22 of law of Real Estate Registration as soon as the land property was registered in a notary public office, the government will know only a person as an owner who the land property has been registered in his/her name or a person who mentioned land property has been transferred to him/her and this transfer has been registered in a notary public office or the mentioned land property is reached from formal owner for him/her by inheritance. With increasing population growth, the differences have been achieved and courts of Iran have been encountered for years with the problem of litigation arising from the way of transfer of immovable land property. Islamic law has allowed this transition only with the agreement of two people, but the text of the law of registration has created this suspicion that the transfer must be done by an official document. It has been tried in this research that we examine the conditions of meeting the conflict of land property and conflict detection in ownership documents and we explain the role of court in addressing the adverse estates and administrative penalties for offenders with the duties of the Supreme Council for Registration.
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Bunga, Marten. "Tinjauan Hukum Terhadap Kompetensi Peradilan Tata Usaha Negara dalam Menyelesaikan Sengketa Tanah." Gorontalo Law Review 1, no. 1 (April 23, 2018): 39. http://dx.doi.org/10.32662/golrev.v1i1.155.
Повний текст джерелаАнотація:
The scope of land disputes that became the competence of the State Administrative Judicature according to the judicial principle adopted in Indonesia, the implementation of the Decision of the State Administrative Court in the settlement of land disputes.This research is conducted through normative legal approach (juridical normative), that is how law is utilized as an instrument to realize the application of land dispute resolution mechanism through authority to try State Administration Court. This research uses normative legal research type to identify and analyze legal factor which is an obstacle in the application of legislation, where this study refers to the laws and regulations on land and State Administration Judicature Law, court decisions and other legal materials.That the State Administration Dispute in the field of land arises because of a written stipulation issued by the State Administration or Administrative Officer containing State Administration law action which in accordance with the prevailing laws and regulations has been concrete, individual and final in the form of land certificate of ownership the right to land issued by the Government. Implementation of the Decision of State Administration which has been decided and has the force of law in practice raises a polemic in the community where the State Administration officials are not willing to carry out the decision of the Administrative Court of the State. This condition is caused because the State Administrative Court is not the executor (executor of the decision) but only as supervisor of the implementation of the decision, for all government actions in order not to violate the law and the role of legal protection for the community.
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Kholid, M. "Praktik Akad Pembiayaan Gadai Emas Perspektif Hukum Islam." Al-Insyiroh: Jurnal Studi Keislaman 2, no. 1 (March 16, 2018): 128–37. http://dx.doi.org/10.35309/alinsyiroh.v2i1.3336.
Повний текст джерелаАнотація:
This study aims to: 1) Know more about the practice of gold pawn financing at BMT-UGT Sidogiri Kwalanar Bangkalan Branch Office. 2) to know the contract of the golden installment of the gold mortgage at BMT-UGT Sidogiri Kwanyar Bangkalan Sub-Branch Office according to the Islamic Law. Analysis of the data obtained from the research is that it can be stated that: 1) Basically gold pawning on BMT-UGT Sidogiri Kwanyar Bangkalan Sub-Branch Office has fulfilled the conditions and conditions according to muamalah fiqih. 2) Islamic banks that should adjust themselves to the principles of Shari'ah, in BMT-UGT Sidogiri Kwalanar Bangkalan Sub-Branch Office is still weak in that matter so that it can cause invalid contract. 3) In the case of history; Determination of administrative costs, place rent, and estimated goods of Sidogiri BMT-UGT are still less prioritizing the participation of both parties so that they are still considered unilateral decisions and not in accordance with the provisions of Islamic law contained in the words of Allah SWT QS al-Baqarah 2 : 275,278-280, and Surah an-Nisa '4:29
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Yu, Hui-Fun, Kuo-Yan Wang, and Chun-Ying Shen. "Customer-Oriented Public Service in Township Administration: Enabling Quick Response." Lex localis - Journal of Local Self-Government 8, no. 4 (October 6, 2010): 343–51. http://dx.doi.org/10.4335/8.4.343-351(2010).
Повний текст джерелаАнотація:
The quality reliability and maintenance of a street lighting system are highly related to society, which reflect the administrative performance of a local government. However, the existing published studies seldom discuss the specific civil customer-oriented street lighting system, which is the key factor of both the local administration performance indicators and resident’s satisfaction. This study proposes a management conclusion based on an empirical electronic street lighting system (ESLS) and the 280 resident questionnaire surveys in Taiwan. The implication of the existing perspective on management concept is that electronic governance (e-governance) systems emerging in Eastern Europe are going to meet the needs of local governments in terms of the experience level of townships that practice e-governance in Taiwan.
KEYWORDS: • electronic governance • e-governance • quick response • township office management • new public management • NPM
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Zirkel, Perry A. "Students with Acquired Brain Injury." Physical Disabilities: Education and Related Services 38, no. 1 (November 13, 2019): 26–44. http://dx.doi.org/10.14434/pders.v38i1.27477.
Повний текст джерелаАнотація:
Representing a sequel to a similar snapshot in mid-2010, this article provides an updated overview of the judicial and administrative case law concerning students with traumatic
and nontraumatic brain injury from pre-K to grade 12. The scope is limited to cases under the
Individuals with Disabilities Education Act and the pair of disability-based civil rights statutes, Section 504 and the Americans with Disabilities Act. The cases include not only hearing/review officer and court decisions but also state education agency and Office for Civil Rights complaint investigation reports available in the only national database, LRP’s SpecialEdConnection®. The analysis focuses on the frequency and outcomes these published rulings, with the discussion extending to the empirical limitations and professional implications of the findings.