Suchergebnisse

The article researches the features of military administration in administrative legal aspect taking into account the features of public administration. First of all, it relates to the following features: organizational activity which results in administration relations; existence of the subject of public administration who has authoritative powers to exercise public administration in the structure of these relations (to have these relations not only subjects but an object who is influenced by the subject of administration should participate); relations of power between the subject and object of administration when only the state body which is the subject of administration has the power and the objects should fulfill orders of the subject; the state authoritative organizational activity when the laws should be followed and this activity is considered as regulatory based on effective legislation; public administration is exercised only within effective legislation; legal liability for violation of legislation. First, specific feature of military administration is its two levels when there are bodies of military administration and military command. Second, specific feature of military administration is its crisis orientation when under ordinary circumstances objects of such administration are servicemen, military base, military formations which means that it has a clear regulatory and internal organizational character. At the same time, during martial law, emergency or other situation provided for by legislation the sphere of military administration can increase and include objects out of the Armed Forces. Third, military administration is represented by administration exercised by a single person. Fourth, organizational unity has a significant meaning for military administration. Fifth, military discipline ensures a high level of procedural administrative relations, but majority of procedural norms are isolated and not represented by proceedings.

Acknowledgement: The University of Malta would like to acknowledge its gratitude to the 2015, European Commission, Directorate-General for Justice and Consumers for their permission to upload this work on OAR@UoM. Further reuse of this document can be made, provided the source is acknowledged. This work was made available with the help of the Publications Office of the European Union, Copyright and Legal Issues Section. ; The promotion and protection of the rights of the child is one of the objectives of the EU on which the Treaty of Lisbon has put further emphasis. This report is part of a study 'to collect data on children's involvement in judicial proceedings in the EU' which supports the implementation of the Commission Communication of 15 February 2011 'An EU Agenda for the rights of the child', which identified the lack of reliable, comparable and official data on the situation of children in the Member States (MS). This deficiency is a serious obstacle to the development and implementation of evidence-based policies and is particularly evident in the context of child friendly justice and the protection of children in vulnerable situations. Making the justice system more child friendly in Europe is a key action of the EU Agenda. It is an area of high practical relevance where the EU has, under the Treaties, competences to turn the rights of the child into reality by means of EU legislation. Improved data is crucial to the framing of such legislation. The objective of this study is: to establish statistics and collect data based on structural, process and outcome indicators on children involved in administrative judicial proceedings for the years 2008-2010 (and 2011 if available) for all 28 EU Member States; to provide a narrative overview of children's involvement in administrative judicial proceedings in the EU. The report describes the situation in each Member State as at 1 June 2012. This report examines the safeguards in place for children involved in administrative judicial proceedings. The Council of Europe Guidelines on child-friendly justice serve as a basis for the analysis of the provisions affecting children in civil judicial proceedings in each Member State ; N/A

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.

The economic assessment of damage to movable and immovable objects considered part of archaeological heritage is a matter of increasing interest, both at the legal level and in terms of government management. The primary reason for this interest is the urgent need to agree on a sound and reliable approach to economically quantifying not so much the cultural value of the damage caused as the civil liability for having caused it in those cases in which it was produced by a harmful human act. Assessment methods require a broad consensus to be considered reliable. The lack of consideration given to this matter has only made the absence of such a consensus more acute. This paper offers a mainly Spanish case-based analysis of the most common valuation methods for both movable and immovable archaeological objects. With regard to movable objects, it examines the problems involved in both the exclusive use of an object&rsquo ; s market price as its cultural value and the lack of justification for the chosen valuation system, concluding that current methods are insufficient. This insufficiency, also perceived by the authors of the expert reports used in the analyzed proceedings, has been dealt with arbitrarily. With regard to immovable object, it concludes that the systems currently used to assess the damage to sites are likewise insufficient, despite having been legally acknowledged in some cases. This paper will thus examine the methods used in environmental assessments&mdash ; whose parallels with archaeological heritage are clear&mdash ; and proposes that they be adapted for this purpose.

This study dealt with the problem of electronic administrative litigation, through researching the concept of electronic litigation and its importance in developing the judiciary field. The study also addressed specifying the procedures of filing administrative proceedings through the electronic litigation system; in addition to examining procedures of the electronic administrative and adjudication. The study concluded the necessity of applying the electronic litigation system in administrative litigation, with the expansion of its application to cover all litigation procedures from start to finish. The study also urges the need to legislatively organize these measures, to conform with the general rules and principles of litigation, taking into account the special nature of electronic means of litigation.

В настоящее время вопрос об одном из основных институтов судопроизводства – административном – стоит весьма остро. Это объясняется множеством различных объективных и субъективных причин, но, в первую очередь, тем, что значительно расширились возможности судебного контроля над действиями публичной администрации и ее должностных лиц. Они не имеют каких-либо ограничений, поэтому практически любой вопрос, находящийся в ведении органов публичной администрации, может быть передан на рассмотрение соответствующего суда в соответствии с установленными законодательством правилами подведомственности и подсудности. Объективное существования института административной юстиции, необходимость исследования его составных положений и потребность дальнейшего законодательного регулирования явились основной целью настоящей работы, чья научная новизна, таким образом, заключается в раскрытии сущности функции судебного контроля в рамках уже вступившего в законную силу Кодекса административного судопроизводства РФ, которая заключается в проверке законности и обоснованности действий органов, должностных лиц, наделенных властными полномочиями, в ходе рассмотрения судами дел, отнесенных к компетенции последних. В статье выявляются особенности правового регулирования административного судопроизводства. Автор исследует проблемные аспекты административного судопроизводства, к которым можно отнести следующее: универсальный перечень категорий административных дел, определение подведомственности административных дел, отсутствие законодательного определения понятия «административное судопроизводство» и др. ; Nowadays the question about one of the basic institutes of justice – administrative – is very acute. This is due to various objective and subjective reasons, but primarily for those that have greatly expanded the possibilities of judicial control over the actions of the public administration and its officials. They do not have any restrictions, so almost any issue under the jurisdiction of the public administration organs may be transferred to the appropriate court in accordance with the established law rules of jurisdiction and cognizance. Objective existence of the Institute of administrative justice, the need to study its constituent provisions, and the need for further legislative regulation were the main objectives of the present work. So the scientific novelty of the work lies in the discovery of the essence of judicial control in the framework of an enforceable code of administrative procedure of the Russian Federation, which is to verify the legality and validity of actions of institutions, authority officials, in the course of consideration by courts of causes related to the competence of the latter. The article reveals the peculiarities of legal regulation of administrative procedure. The author explores the problematic aspects of administrative proceedings, which include a universal list of categories of administrative cases, determination of jurisdiction of administrative cases and the lack of a legal definition of «administrative court proceedings».

The article deals with the system of legal proceedings that existed in Ancient Russia. The main attention is paid to the Russian Truth of Yaroslav the Wise as the main source of old Russian law. Russian Truth, which arose in the early feudal state of Kievan Rus with undeveloped socio-economic, political, ideological, socio-cultural and other relations did not yet know the concept of criminal and civil law and process. At the same time, the formation of the institution of private property and social inequality in the tribal societies of the Slavs, United by the single power of the Kievan Prince, contributed to the appearance and growth of various kinds of offenses among the population. This forced the government to take certain steps to prevent them and restore the violated rights and interests of citizens, which required the legislator to fairly clearly regulate the investigation of violations and consideration of cases in the courts.

Рассматривается история становления законодательства РТ об административном судопроизводстве, которая тесно связана с историей возникновения и развития административного права, отражающей общие черты и особенности данной отрасли права в республике. Отмечается, что самобытные элементы и зачатки административного судопроизводства на исторической территории Таджикистана были известны за тысячи лет до появления административного права. Такой суд назывался «мазалим». Раскрывается значение, сущность и особенности суда «мазалим» как суда, осуществляющего административное судопроизводство. Отмечается, что дальнейшее развитие административного судопроизводства в Республике Таджикистан связано с обретением государственной независимости. ; The article dwells on the history of formation of TR legislation in regard to administrative legal proceedings which is closely connected with the history of upspringing and development of administrative law reflecting general features and peculiarities of this branch of law in the republic. It is stressed that original elements and the rudiments of administrative legal proceedings on the historic territory of Tajikistan were known millennia ago up to administrative law appearance. Such court is known under the title of «mazalim». The author discloses importance, essence and peculiarities of «mazalim» court as the one effectuating administrative

Currently, the institute of typical and exemplary cases is represented by the norms of only one of the national procedural laws, namely, the norms of the Code of Administrative Proceedings of Ukraine. This is completely justified because the probability of similar legal disputes between individuals and subjects of authoritative powers is extremely high. Subjects of authoritative powers apply the same rules of law to a wide range of persons. Such application may be based on misunderstanding of general mandatory rules resulting in violation of the rights of individuals or restriction of these rights implementation. Besides, in most cases, the legal disputes to be considered under the rules of administrative proceedings need to be decided as soon as possible. Referring to the institute of typical and exemplary cases makes it possible to ensure the necessary rapid decision-making: the decision at exemplary case gives reference points in considering typical cases. In other words, the judge in fact receives a "competent recommendation" according to which he is obliged to decide a case characterized by typical features. Taking this into account the authors consider that according to the national legislator, the institute of typical and exemplary cases is aimed, inter alia, at ensuring the unity of judicial practice. The paper presents the analysis of the provisions of procedural law, the study of corresponding court decisions. Taking this into consideration an attempt is made to identify to what extent the implementation of the institute of typical and exemplary cases has influenced the unification of Ukrainian courts judging the public-legal disputes that can be considered the most common.

This article analyzes the administrative and legal status of customs officials in the legislation of the Republic of Uzbekistan and developed foreign countries. The main tasks and responsibilities of the State Customs Service of the Republic of Uzbekistan, the customs authorities are analyzed.

Includes bibliographical references (p. [291]-309) and index ; China's legal system is characterized by the gap between law and reality. Focusing on regulatory law, and with reference to the foreign investment area, this book identifies the functional and structural problems within China's administrative legal system that perpetuate this gap. Topics examined in depth include China's unusual hierarchy of legislation, the lack of clear delineation between legal and policy norms, the great scope of discretion accorded to bodies charged with legal interpretation and implementation, the limited scope of judicial review, and the resulting problems of legislative inconsistency and haphazard legal enforcement. The book contends that China's legal system is being built on a faulty and incomplete basis, and that if these problems remain unaddressed, China's legal future is at risk ; published_or_final_version ; List of Diagrams ; Foreword ; Acknowledgments ; List of Abbreviations ; Bibliography p291 ; List of Statutes p311 ; Glossary of Chinese Words p321 ; Index p327 ; Ch. 1.Law and Reality ; Ch. 2.China's Administrative Legal Structure ; Ch. 3.Legal Flexibility ; Ch. 4.Legal Consistency ; Ch. 5.Implementation of Law ; Ch. 6.Legal Supervision ; Ch. 7.Conclusion ; The Role of Law and Its Contribution to Social Cohesion p4 ; The Basic Consensus Underpinning Social Order in Imperial China p17 ; Legal Reform 1904-1949: The Beginning of Normative Dislocation p20 ; The Manufacture and Breakdown of Consensus Underpinning China's Social, Political and Legal Order - 1949-78 p21 ; The Era of Reform (1978-Present) - The Attempt to Reconstruct Consensus Through Law p33 ; Law and Policy as Agents of Social Change p42 ; Renewal of Legitimacy Through Law p46 ; Lawmaking and Discretion p54 ; Hierarchy of Legislative Authority p55 ; Inherent and Conferred Power of State Power Organs and Administrative Bodies to Make Law p56 ; Lawmaking at the National Level p59 ; Lawmaking at the Local Level p83 ; Characteristics of Legal Drafting p95 ; Bringing Law Down to Reality - Specification and Administrative Interpretation p104 ; Normative Documents p105 ; Specification by State Council Departments p110 ; Specification by Local Government and Local Functional Departments p124 ; Legal Interpretation p135 ; Constitutional Supervision p148 ; Legislative Supervision p153 ; The Legal Status of Administrative Rules, Administrative Interpretations and Normative Documents p159 ; The Non-Application of Conflicting Rules and Normative Documents by Judicial and Quasi-Judicial Bodies p172 ; Tools of Legal Enforcement: Types of Specific Administrative Acts p190 ; Normative References Underlying the Policies of Legal Implementation Adopted by Administrative Bodies p222 ; Judicial Review and China's Lack of an Independent Legal Tradition p244 ; Administrative Review Organs and Their Ability (or Inability) to Perform Impartial Reviews of Administrative Action p260 ; Supervision by the Supreme People's Procuratorate p261 ; Supervision of Legal Implementation by Legislative, Administrative and Party Organs p263 ; The Implications of Continued Legal Dislocation p284 ; Preconditions for Further Development and Reform p285