The Social Side of Fair Process

Automation of administrative enforcement proceedings using the examples of the Administrative Enforcement Act for the Free State of Saxony (SächsVwVG) and the Polish Act on Administrative Enforcement Proceedings (EgzAdmU)

. In the specialized legal literature, the question of the concept, types and characteristic features of administrative and compulsory legal proceedings carried out by courts of general jurisdiction and arbitration courts has not been comprehensively studied. With the adoption in 2015 of the Code of Administrative Procedure of the Russian Federation in the scientific works of scientists, administrative proceedings relate only to this procedural law. By virtue of pt. 2 of Art. 118 of the Constitution of the Russian Federation, judicial power is exercised, including through administrative proceedings, it is important to pay attention to the fact that the modern administrative procedure legislation of the Russian Federation is not limited to the Code of Administrative Procedure of the Russian Federation, but is also represented by the Code of Administrative Offences of the Russian Federation and the Arbitration Procedure Code of the Russian Federation, regulating the procedure for carrying out proceedings by courts in certain categories of administrative cases, including in cases of administratively enforced torts involving the application of various types of judicial administrative measures compulsion. Accordingly, it seems necessary to pay attention to the variety of types of administrative and coercive proceedings carried out not only by courts of general jurisdiction, but also by arbitration courts regulated by a set of administrative procedural laws, as well as to some problematic aspects related to the fragmentation of the settlement of these types of administrative proceedings in the in the Code of Administrative Offences of the Russian Federation, the Code of Administrative Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation. The purpose of the work is a comprehensive study of the characteristic features and types of administrative and compulsory legal proceedings in the modern system of judicial administrative procedure of the Russian Federation. The objectives of the study are: 1) theoretical substantiation of the concept, characteristic features and classification of administrative and coercive proceedings; 2) formulation of the problem related to the fragmentation of the settlement of administrative and coercive proceedings in certain categories of cases of administratively enforced torts entailing the application of judicial administrative coercion measures. The study used systematic, logical, formal and legal methods. Brief Conclusions. Based on the analysis of the norms of the administrative procedural legislation of the Russian Federation in the article: 1) the concept and features of administrative and compulsory legal proceedings are formulated; 2) the classification of administrative and compulsory legal proceedings in connection with the implementation of entrepreneurial and other types of economic activity into two types is proposed: non-economic (general jurisdiction) administrative and compulsory legal proceedings and economic (arbitration) administrative and compulsory legal proceedings, as well as their subspecies; 3) attention is focused on some problematic aspects of the fragmentation of the legislative regulation of administrative and compulsory legal proceedings.

The work proves that Ukraine’s integration into the European legal space requires a full-scale legal system reform based on the principles and standards formed at the pan-European level. It is extremely necessary to take into account international and European standards when carrying out reforms in public administration in Ukraine, as well as take into account theoretical provisions, doctrines, and positive practical experience of foreign states in the field of administrative conflict proceedings. The administrative-judicial reform announced by the President of Ukraine and the development of the normative framework for the regulation of administrative proceedings is taking place while considering international and European standards of administrative justice aimed at the settlement of conflict proceedings. The analysis of foreign doctrine and legislation in the field of administrative responsibility indicates the absence of a single model of legal regulation of this institution in foreign countries, where in some countries, it is part of criminal legislation, while in others, it is an entirely different sphere of legal regulation. In order to improve conflict legal proceedings, it is expedient to pay more attention to the international experience of regulating administrative proceedings. Despite the different attitudes to administrative and tort legislation in various countries, each country has its own important experience in conducting cases. It is possible to describe the following features of the systematization of legislation on administrative responsibility: some countries are focused on decodification, while others are moving toward adopting a single codified act. Also, quite often, we can observe differences in jurisdictional administrative procedures in foreign countries. However, the implementation of the experience of European countries in conflict proceedings will not only contribute to the improvement of domestic legislation but will also ensure close cooperation with the EU. The author proposes to use the experience of foreign countries regarding the expansion of the range of subjects of proceedings in cases of administrative offenses since, in most countries, legal entities can be brought to administrative responsibility on an equal basis with individuals. In this way, administrative justice would contribute to the strengthening of law and order in the state of Ukraine. Administrative justice is an integral feature of the rule of law state, and its creation is the task of every democratic state. Key words: administrative law, administrative process, administrative proceedings, conflicting administrative proceedings, simplified proceedings, administrative law of foreign countries, administrative law of EU countries, administrative tort law

The paper examines the administrative and legal provision of administrative conflict and non-conflict proceedings in comparison with the experience of Germany. It has been proven that the integration of Ukraine into the European legal space requires a full-scale reform of the legal system based on the principles and standards formed at the panEuropean level. It is extremely necessary to take into account international and European standards when carrying out reforms in public administration, as well as take into account theoretical provisions, doctrines and positive practical experience of foreign countries in the field of administrative conflict proceedings. The initiated administrative-judicial reform, the development of a regulatory framework for the regulation of administrative proceedings, should take place taking into account the EU standards of administrative justice aimed at the settlement of conflict proceedings. The implementation of the experience of European countries in conflict administrative proceedings will not only contribute to the improvement of domestic legislation but will also ensure close correspondence with the EU. The author suggests using Germany’s experience regarding legislation and proceedings in cases of administrative offenses. In the scientific literature, there are different approaches to defining the concept of proceedings in cases of administrative offenses, but in general, researchers agree on the general features of such proceedings and point out that this is a special type of procedural activity, which is regulated by the norms of administrative procedural law, which is carried out by authorized administrative jurisdictional powers of special subjects of public administration regarding consideration and resolution of cases of administrative offenses. Among researchers, there is no unity in views on the classification of administrative proceedings. This is not surprising, since there are a significant number of views on the list of principles for the classification of administrative proceedings. We adhere to the classification of conflict and non-conflict administrative proceedings. Germany’s experience has shown that effective means of administrative protection can be provided through various judicial or legal systems. In the end, it all comes down to having sufficient resources, a stable legal framework and institutions, and training. A separate system of administrative justice by itself will certainly not solve problems in the field of administrative justice. Therefore, today, the Ukrainian legislator has no other way to solve the problem, how to build its autonomous system of administrative law, taking into account both the experience of Ukrainian administrative law from the time of the Ukrainian SSR, and the achievements and mistakes of the EU countries. Key words: administrative law, administrative process, administrative proceedings, conflicting administrative proceedings, administrative law of foreign countries, administrative law of EU countries, administrative and legal support.

The paper examines the existing contradictions between scientific terminology and terminology of legislation on the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational literature shows that even today there is no clear justification for the relationship between the concepts of"subject of administrative process" and "participant in the administrative process". The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural law and the laws of development of the science of administrative procedural law. It is concluded that it is long overdue to offer the scientific community and legal practitioners a concept of the relationship between the concepts of "subject of administrative proceedings" and "participant in administrative proceedings", which would reconcile the contradictions of otological and epistemological terminology used in CAP of Ukraine. The necessity to use in science of administrative law and process the concept according to which administrative process should be considered as law enforcement activity of administrative courts connected with consideration and the decision of public law disputes is proved. In this case, the subject of the administrative process will always be the administrative court, while the parties, third parties, representatives, assistant judge, court clerk, court administrator, witness, expert, legal expert, translator, specialist are only participants in the administrative process , ie persons who take part in the law enforcement activities of the administrative court.

At present, in connection with the constitutional reform carried out in the Russian Federation, the process of reconciliation of the basic categories of administrative law with the Constitution is actively underway. In parallel, in the scientific community of specialists in administrative law and process, there has long been a request for the harmonization of views and concepts for the formation of modern administrative procedural legislation. Such a serious scientific task can be successfully solved only by relying on the letter and spirit of the country's fundamental law as the only indisputable starting point for doctrinal provisions. The catalyst for many years of discussion about the boundaries and essence of the administrative process was the adoption in 2015 of the Code of Administrative Proceedings of the Russian Federation. After the enactment of this code in scientific circulation, the categories of “judicial administrative law” and “judicial administrative process” are actively used, which brings the domestic doctrine closer to the theory of developed foreign countries. However, even in the absence of a law in Russia that defines the legal foundations of an extrajudicial administrative process, one should not forget that the majority of modern representatives of science recognize the existence of an extrajudicial administrative process in the Russian Federation. We are talking about the widest range of administrative cases - about the activities of administrative-public bodies to resolve administrative matters under their jurisdiction, both of a regulatory and protective nature, controversial and indisputable. In this situation, we believe that it is required to conduct a scientific analysis of the terminology used in Russia to study the essence of the administrative process. The article makes an attempt, taking into account foreign and domestic doctrine, to study numerous definitions for suitability for the formation of a uniform understanding of the administrative process in the Russian Federation. The work, in particular, explores the understanding of public administration and administrative justice, compares the content of the terms “administrative jurisdiction” and “administrative procedures” in Russia and in foreign countries. Based on the results of the analysis, it is concluded that the least controversy is caused by the use of the term “administrative proceedings” in relation to out-of-court proceedings and “administrative proceedings” to the judicial trial hearings.

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

The article examines the history of administrative tort law and administrative tort process as subsectors of administrative law and administrative process, their controversial and contradictory nature, and analyzes the most important versions of the concept and content of administrative tort, which is the subject of powerful discussion of modern administrative law. It is stated that the definition of «administrative-tort relations» in the context of proceedings on administrative cases (administrative jurisdiction) arose before the independence of Ukraine, namely at the beginning of the XX century. Аs a simplified out-of-court type of legal procedure exclusively for consideration of cases of minor misdemeanors by authorized collegial bodies and officials within the public administration system. The architectonics of the origin and prospects of development of the institute of administrative-tort liability in encroachments on the rights and interests of individuals and legal entities is revealed. Key words: administrative tort law, administrative tort process, administrative tort, administrative and legal liability, administrative jurisdiction.

The article examines the administrative proceedings within the legal system of Ukraine, focusing on their classification into conflict and non-conflict proceedings. The author, Mykola Mikheiev, analyzes recent developments in Ukrainian administrative law and compares them with practices in EU countries. The study begins by highlighting Ukraine’s candidacy for EU membership in 2022 and the subsequent need for legal system reforms to align with EU standards. It then delves into the concept of administrative proceedings, which are divided into jurisdictional (conflict) and non- jurisdictional (non-conflict) types. Conflict administrative proceedings involve cases of administrative offenses and are conducted by state bodies, including courts. Non-conflict proceedings, on the other hand, relate to the implementation of citizens’ rights and duties by state and non-state bodies. The article discusses the adoption of the Law “On Administrative Procedure” in Ukraine, which came into force on December 15, 2023. This law aims to balance citizens’ interests with state obligations and brings Ukraine closer to EU standards in administrative procedures. A significant focus is placed on the role of electronic governance in modernizing administrative proceedings. The author notes that Ukraine is transitioning to a new form of public authority organization, with e-governance playing a crucial role in providing public services efficiently. The study also examines the application of the Law “On Administrative Procedure” to digital public services, ensuring that the same procedural standards apply regardless of the service delivery method. This includes the development of electronic complaint mechanisms, which are currently in their initial stages in Ukraine. Comparative analysis with EU countries reveals diverse approaches to administrative proceedings. For instance, countries like France, Denmark, and Belgium do not have separate procedures for administrative offenses, treating them within the criminal sphere. The author concludes by advocating for the adoption of international best practices in Ukrainian administrative law. This includes expanding the subjects of administrative offense proceedings to include legal entities and adapting the institution of administrative liability to modern requirements. Overall, the article provides a comprehensive overview of the current state and future directions of administrative proceedings in Ukraine, emphasizing the need for alignment with EU standards while maintaining national specifics.

Student engagement is among the emerging discourses in education research. It is a significant factor in students' academic success and involves the student and the university's contributions. The literature extensively reports the studies that establish and explore the relationship between academic processes and student engagement; however, administrative processes are less focused. This study empirically tested the effect of administrative processes (admission, facilities management, counseling, and governance) and academic processes (teaching, learning, assessment & feedback, research & development) on student engagement. A survey instrument comprising 73 items was used to collect the data from 368 students of two private universities in Lahore, Pakistan. Except for the demographic fields, all items were gauged over a 7-point Likert scale with 1-7 (strong disagreement to the strong agreement). The reliability score of the pilot was 0.96, and of the final data, 0.92. Descriptive statistics were applied to explain the demographic characteristics of the sample. Smart PLS was used to draw structure equation models (SEM) by computing Partial Least Square (PLS) regression scores. Results have predicted strong and positive relationships between administrative processes, academic processes, and student engagement. PLS-SEM showed that both administrative processes and academic processes almost equally affect student engagement. The discussion of results revealed that administrative processes, though equally important as academic processes, but previous research shows less focus on it. The study concluded that emotional engagement is the least focused area by the administration as well as academia. The study suggests the private universities in Lahore to focus on improving their focus on developing emotional engagement of their students to reap loyalty and organizational commitment of their students.

The article discusses the issue of representation under petitionary proceedings and proceedings in the matter of complaints and proposals. The above mentioned issue has been analysed within the context of relations between provisions on administrative proceedings in cases individually decided by way of administrative decision and provisions of the above mentioned proceedings due to lack of regulation on representation in parts of legal texts directly concerning them. The author’s goal is to present the theoretical basis of the representatives’ actions in above mentioned proceedings. Consequently, the article is supported by opinions of legal scholars specialised in administrative procedural law and theoreticians of law, contains analysis of the rule concerning application mutatis mutandis of provisions on administrative proceedings in cases individually decided by way of administrative decision in petitionary proceedings and analysis of application of provisions on administrative proceedings in cases individually decided by way of administrative decision in proceedings in the matter of complaints and proposals based on analogy.

The key to effective implementation of the right to judicial protection is the proper functioning of the judicial system, an important element of which is the administrative courts that ensure the administration of administrative justice. Moreover, the protection of human and citizen’s rights and freedoms through the instruments of administrative justice is an important guarantee of protection against violations by public authorities and local self-government of the «weaker» side of public-legal relations - human and citizen.
 In the legal literature administrative legal proceedings is interpreted differently by different scholars, which makes it possible to conclude that this legal phenomenon is multidimensional.
 In addition to understanding «administrative legal proceedings » as a separate area of justice, scholars also view administrative law as meaning: administrative justice as an area of legal science; positive (objective) administrative justice as an area of law
 Administrative legal proceedings as a branch of legal science examines the current law and jurisprudence of its application, its history and theory, the legislation of other states governing certain legal relationships.
 The independence of the field of law is first of all indicated by the specific subject matter and method of regulation, which are the identifying features by which the branches of law are distinguished. Administrative legal proceedings is endowed with its specific subject (the set of social relations that determine the procedure for consideration and resolution by public courts of public law disputes) and the method of legal regulation of the relevant relations in the process of administration of justice, which is endowed with a complex character, that is, is positive.
 At the same time, administrative legal proceedings as a separate science, field of law and branch of justice is the subject of study of the same discipline.
 In addition, given the inaccuracy of the terms «administrative process» and «administrative legal proceedings» (the term administrative process is broader and more generalized term, which includes administrative justice), it is necessary to emphasize the need to teach «Administrative legal proceedings of Ukraine» separately from «Administrative Procedural Law of Ukraine» at the level of independent academic discipline. This will focus on the peculiarities of the procedure for the consideration and settlement of administrative cases by administrative courts at all stages of the judicial administrative process.

The article provides an overview and analysis of modern approaches to understanding the administrative process as a sectoral type of legal process that have developed in domestic theory, taking into account the changes that have occurred in the procedural legislation of the Russian Federation over the past three decades after the collapse of the USSR in 1991. The process is classified as follows: complex on a jurisdictional basis; integrative; complex on the basis of managerial, judicial. Particular attention is paid to the critical analysis of the judicial approach to understanding the administrative process, the reasons for the disagreements of its supporters, firstly, with representatives of the science of civil procedural law regarding the determination of the procedural nature of administrative proceedings, and, secondly, with specialists in administrative law regarding the denial of the presence of administrative-procedural forms of activity of subjects of public administration and attempts thereby to disavow the domestic doctrine of the administrative process. The methodology for studying the nature of procedural activity is based on the analysis of the sectoral subject of legal regulation and three types of a unified method of substantive regulation (civil, administrative and criminal), the implementation channels of which are varieties of legal process in the form of civil, administrative and criminal process which are based on an adversarial or investigative type of jurisdictional process, or a law-granting type of legal process. This methodological approach made it possible: 1) to establish the sectoral procedural nature of administrative proceedings, which is determined not by the subject of a “dispute about law”, but by the method of legal regulation, represented by the civil law type of regulation of public relations, the implementation channel of which is an adversarial type of jurisdictional legal process, which is its nature as a civil process; 2) to identify the shortcomings of the model of administrative proceedings enshrined in Russian legislation, the essence of which is that an adversarial type of jurisdictional process intended for judicial protection of a person who has suffered from the actions of an official and, acting as a plaintiff in the case, is applied to persons who have violated the established prohibitions and restrictions, or committed administrative offenses and acting in the case as a defendant; 3) to substantiate the presence in the structure of the administrative process of procedural forms of activity of subjects of public administration as a channel for the implementation of the administrative-legal type of regulation of public relations and determine the list of administrative proceedings.

The article presents the argument that administrative decision-making should be understood as devoted to balancing between conflicting interests of individuals or groups, usually when none of the affected parties has predefined legal rights that are relevant to the substantial content of the administrative decision. Administrative decisions often have a direct effect not only on human and civil rights issues, but also on matters bearing on the quality of life, living conditions, prices of regulated products, and the allocation of government funds. Since the decision as to which interest should prevail in the conflict is a distributive one and has many possible answers, the role of administrative law is primarily to ensure that these decisions are made fairly, with due weight given to the conflicting interests of the various groups and individuals involved. With this as background, the article shows how the doctrines of positive administrative law are designed to meet the challenge of coping with conflicting interests in the administrative decision-making process, using such examples as the prohibitions against decision-makers’ conflicts of interest and the rules regarding interest representation and judicial review. In the second part, the article applies the interest perspective to the administrative decision-making process in order to analyze the highly extensive regulation of land resources in Israel. The analysis concentrates on the Israeli Supreme Court decision in one of the most controversial petitions brought before it: against administrative decisions on the development (toward urbanization) of formerly agricultural lands (the Mizrahi Democratic Rainbow case).

Administrative Disputes, which arises between public administration agencies and private parties, is one of the areas which belong to administrative process. In most cases procedure starts by conducting internal reviews. However practice shows that internal reviews are just a beginning of long administrative procedure, which finally finishes in administrative courts. Such a long procedure is one of the reasons why society distrusts government agencies and court system. Therefore, in order to change current situation, state have to search for the alternatives means to traditional administrative complaint hearings. The solution of this problem, could be mediation, which main features such as flexibility, cost-effective, confidentiality, restoration of social and legal peace, would change current situation. Mediation in solving administrative disputes between private parties and public administration agencies is popular in United States. However, in continental Europe, mediation as an alternative to traditional administrative disputes resolution, is viewed with caution. Lithuania is not exception to continental Europe countries. However because of the changes in public needs and the caseloads in administrative courts, ability of using mediation in Lithuanian Republic administrative process, has to be analyzed by making comprehensive scientific research. Mediation is popular in resolving civil law disputes, where the civil law principles and mediation principles perfectly interact with each other. Meanwhile, when dispute arises in administrative process, parties must use administrative law and process principles. It is not clear, whether mediation principles or its advantages could prevail. Also it is not clear, whether mediation could be used in disputes, which arises concerning individual and general administrative acts. [...]