Administrative Action Research Articles

Research on the legitimacy of the entity of administrative act -- Based on Ali Group’s anti-monopoly sky-high administrative penalty case

The topic of this paper is the legality of the Alibaba penalty case. Research methodology of the article is using the general standards of legality of administrative behavior, the application of the principle of separation of powers, whether the violation of the basic provisions, the protection of the principle of reliance and the prohibition of abuse of power, so as to achieve the effect of reviewing the legality of the discussion of the four major perspectives. In this case, the judgment results of the fine link, does not satisfy the proportionality principle of proportionality between the means and the end and the proportionality principle of the discretionary system, it is Based on the judgment, the legality of the administrative penalty imposed by the General Administration of Market Supervision on Ali Group’s monopolistic behavior is still open to question.

Transformasi Elektronika Digital dalam Penghitungan dan Rekapitulasi Suara Pemilu/Pilkada: Analisis Eksistensi Sistem di Persidangan Perselisihan Hasil di Mahkamah Konstitusi

This study examines the use of digital electronic systems in General-Regional Elections as evidence in the Constitutional Court's dispute over Vote Counting Results. Focusing on the Rekapitulasi Information System (SIREKAP), the research explores the existence and evidential strength of SIREKAP as a mandatory administrative action during the electoral process. In the context of normative law, this research utilizes primary and secondary data related to electoral laws and relevant legal materials. Through observation and documentation methods, the data is analyzed by organizing, sorting, and categorizing information. The study demonstrates that SIREKAP has a legal basis in the Regulation of the General Election Commission, making it a legally accountable piece of evidence. This normative legal research contributes significantly to understanding the role of digital electronic systems in General-Regional Elections in the context of evidentiary support during PHPU in the MK. The results are expected to provide insights into the role of SIREKAP as an instrument supporting transparency and accountability in democracy, particularly in addressing the complexity and challenges of managing General Elections/Regional Elections.

PERLINDUNGAN HUKUM TERKAIT ADANYA INDIKASI PENYALAHGUNAAN WEWENANG OLEH OKNUM DIRJEND KI KEMENKUMHAM DALAM SENGKETA PATEN

Abuse of authority which is a right owned by Government Agencies and/or Officials and other state administrators to take decisions and/or actions in administering government. In this case also Abuse of authority is the use of authority by Government Agencies and/or Officials in taking decisions and/or actions in government administration carried out by exceeding authority, mixing up authority, and/or acting arbitrarily as intended in Article 17 and Article 18 of Law Number 30 of 2014 concerning Government Administration. And states the aspect of authority where the problem lies in whether the official who issued the letter has the authority or does not have the authority to issue the letter based on existing regulations. And when issuing decisions, officials should have authority and if they do not have authority, they are prohibited from issuing decisions. Therefore, this statement is also in accordance with the provisions of Article 1 point 22 of Law No.30.

P520 Preferences towards treatment attributes among patients with Crohn’s disease and ulcerative colitis in Argentina, Australia, Brazil, Saudi Arabia and Taiwan: a discrete choice experiment

Abstract Background Advanced therapies (ATs) with different mechanisms of action and routes of administration (RoA) are used for inflammatory bowel disease (IBD: Crohn’s disease [CD] and ulcerative colitis [UC]), and patients (pts) play an increasing role in the decision-making process.Pts’ preferences for treatment attributes from 7 European countries have been reported previously; however, evidence from non-European countries is lacking. Methods Adult pts with CD or UC on treatment for ≥6 months from Argentina, Australia, Brazil, Saudi Arabia and Taiwan were enrolled in this cross-sectional, self-administered online survey (Oct 2022 to May 2023). Pts’ preferences for IBD treatment attributes are described. In a discrete choice experiment, the relative importance of treatment attributes was estimated using conditional logit models. Results Overall, 706 pts with CD and UC (n=353 each) completed the survey. Mean (standard deviation [SD]) ages (years [y]) were 36.8 (9.9) and 37.7 (10.2), 47.9% and 47.6% were female, and mean (SD) disease durations (y) were 4.5 (6.0) and 4.6 (6.7) for CD and UC, respectively; 58.1% (CD) and 56.1% (UC) were exposed to ATs. For pts with CD, the rate of long-term remission on maintenance therapy (MT) was the most important attribute for treatment choice (32.5%), followed by the rate of 1-y remission (25.7%), RoA (24.6%) and risk of serious adverse events (AEs, 11.5%) and mild AEs (5.8%). For pts with UC, the rate of corticosteroid-free remission after 1 y was the most important attribute (30.8%), followed by RoA (27.4%), rate of mucosal healing after 1 y (16.1%), long-term remission on MT (14.9%) and risk of serious AEs (10.0%) and mild AEs (0.8%). Country-specific results are shown in the Table. Compared with intravenous administration every 4–8 weeks, pts with CD preferred subcutaneous (SC) administration every 1–2 weeks (odds ratio [95% confidence interval]: 1.41 [1.27–1.56] P<0.001) or every 4–12 weeks (1.22 [1.08–1.39, P=0.002]), and pts with UC preferred taking a tablet (1.41 [1.25–1.59], P<0.001) or SC administration every 4–12 weeks (1.30 [1.14–1.48], P<0.001) or every 1–2 weeks (1.20 [1.07–1.35], P=0.002). Pts exposed to ATs ranked the importance of RoA lower than that of effectiveness compared with AT-naïve pts, and 49.3% of pts with CD and 50.5% with UC indicated that they wanted ATs to start earlier. Conclusion This study highlights the importance of treatment effectiveness, RoA and safety for pts with IBD. Personalised care is crucial given that preferences for treatment attributes may vary across countries and among pts. Patient–physician shared decision-making discussions regarding therapy choice and timing should happen throughout the treatment journey.

Antiviral Medications: Unravelling their Significance in Context to COVID-19

Abstract: Viruses represent a significant health menace due to their rapid transmissibility and potential to cause worldwide pandemics, resulting in substantial loss of human life. Antiviral agents play a pivotal role in mitigating the impact of viral infections. Nonetheless, treating viral infections is a multifaceted process due to the inherent characteristics of viruses, such as their capacity to undergo mutations and rapid evolution. Consequently, the effectiveness of current antiviral therapies can be impeded. This review encompasses the diverse manners in which viruses, emphasizing COVID-19, affect the human body and elucidates the challenges encountered in formulating efficacious antiviral treatments. Moreover, the limitations of conventional antiviral therapies are underscored. Additionally, a comprehensive compendium of 41 antiviral drugs is presented, detailing their mechanisms of action and routes of administration. Subsequently, the discussion includes 9 drugs repurposed for treating COVID-19, delineating their primary use as well as any accompanying side effects. In conclusion, while antiviral drugs remain pivotal in the battle against viral infections, the obstacles associated with their development and usage warrant careful consideration. Ongoing research is imperative to devise more potent and less toxic antiviral interventions against COVID-19 infection.

Legal relations in the field of civil status registration: analysis of legal facts

The article describes the peculiarities of registration of legal facts by civil registry offices. The author also analyses the main problems that arise during the registration of civil status acts for persons who are in the temporarily occupied territory and the territory of active hostilities. The article formulates the authors own definition of the category of legal fact, and also defines the category of administrative act; in the context of the topic under study. It is also emphasised that legal facts are registered by a specially authorised body of state or local self-government, which summarises the said action by issuing an administrative act of individual action.
 The author comes to the conclusion that today Ukraine has formed a system of registration by civil registry offices. However, due to the introduction of martial law in Ukraine, citizens of Ukraine who are forced to reside in the temporarily occupied territory and the territory of military operations cannot properly use the services of the civil registry office. Unfortunately, the State's efforts to facilitate the registration of legal facts by these persons have not yet been crowned with significant success.
 The author believes that it is necessary to develop a strategy for improving the current legislation in the field of civil registration of persons residing or temporarily residing in the temporarily occupied territory and the territory of military hostilities.

Execution of State Administrative Judicial Decisions a Mirror of the Authority Court

Objective: This study aims to examine the significance and effectiveness of the execution of state administrative judicial decisions as a reflection of the authority of the court. It delves into understanding how the execution process mirrors the court's capacity to ensure compliance with its decisions within the state administrative framework.   Theoretical Framework: Drawing upon legal theories of administrative law and judicial authority, this research situates itself within the context of the separation of powers doctrine and the judicial function in administrative matters. It also explores concepts of legal compliance, the role of courts in decision enforcement, and the impact of administrative judicial decisions on governance.   Methodology: The study adopts a qualitative approach, utilizing case studies and legal analysis to investigate the execution process of state administrative judicial decisions. It involves in-depth examination of court rulings, judicial proceedings, and administrative actions taken post-decision. Interviews with legal experts and stakeholders involved in execution processes supplement the analysis.   Results and Conclusion: The findings showcase the pivotal role of the execution process in reflecting the authority and efficacy of the court within the state administrative system. The study unveils the challenges and successes in implementing administrative judicial decisions, highlighting areas of compliance and resistance. It concludes by discussing the implications of these results for the authority of the court in the administrative context.   Originality/Value: This research contributes to the understanding of the correlation between the execution of state administrative judicial decisions and the authority of the court. It fills a gap in scholarly literature by offering insights into the practical manifestations of judicial authority in administrative matters, shedding light on the complexities, challenges, and opportunities inherent in ensuring compliance with administrative court rulings.

A comprehensive review study of cyber terrorism and novel developments in the current scenario

The widely held of global trade and industry, profitable, traditional, communal, and administrative connections and actions—those of people, governments, and political organizations—now take place accessible. In recent years, cyber-attacks and the dangers of wireless message tools have become challenges for numerous viable enterprises and constitutional organizations all over the world. In contemporary culture, electronic technology is widely employed. Therefore, safeguarding sensitive data from cyber-attacks is a challenging task. Cyber-attacks may also be employed to further military or political objectives. These are a few effects of data distribution services (DDS), computer viruses, knowledge gaps, and other attack vectors. Numerous businesses have a variety of defenses against cyber-attacks. In real time, cyber security keeps up with the most recent information technology developments. Researchers from all around the world have put forth several strategies up until recently to inhibit cyber-attacks or diminution the destruction they reason. Although certain systems are presently in custom, others are quiet being investigated. The objective of this study is to analyses and carefully analyses the regular developments prepared in the zone of cyber safety as well as appearance into the challenges, benefits, and detriments of the proposed solutions. Furthermore, recent advances in cyber security, security problems, and threats are explored.

Gradations of Migrant Legality: The Impact of States’ Legal Structures and Bureaucracies on Immigrant Legalization and Livelihoods

Immigrant legalization scholarship assumes that immigrants with “non-tenuous” legal statuses—with ostensible pathways to citizenship—smoothly transition into enduring legality. However, under-studied features of the legal structure and bureaucracy likely disrupt their legalization. Thus, the present article introduces the concept of “gradations of migrant legality” to examine how multilayered, embedded interactions between the state's immigration regime, the structure of legalization opportunities, and the permeability of application procedural standards impact immigrants’ legalization transitions. The study draws on in-depth interviews to compare Venezuelan migrants’ “non-tenuous” legalization process in Argentina and Chile. Whereas Argentina has an inclusionary immigration regime, legalization opportunity structure, and procedural standards, Chile has an exclusionary one. Despite these contrasting trends, both countries have had some inclusionary and exclusionary executive administrative measures. Findings show smooth transitions were possible in both countries when procedural standards were predictable and state bureaucrats eased obstructive requirements. However, disruptive transitions occurred when digitalization changed procedural standards, visa categories required self-sufficiency, and administrative actions imposed cumbersome requirements. Disruptive transitions were more prevalent and harmful to immigrants in Chile because most visa categories (under the law and administrative actions) required formal employment. In contrast, disruptive transitions were less prevalent and harmful to Venezuelan migrants in Argentina because they could access the Mercosur Residency Agreement, which protected their livelihood by not requiring proof of economic solvency. Broadly, the “gradations of migrant legality” framework shows that different organizational levels interact and have compounding, unequal effects on immigrants, including those with visa categories that provide seemingly straightforward pathways to citizenship.

The right to good administration

The loss of confidence in the public authorities calls for greater control and quality of administrative action. The right to good administration responds to this legitimate demand. This right, which is fundamental in the European Union legal system, should be understood as the public administration’s obligation to act with a certain level of diligence. Diligence consists of the need to resolve the case in due time, fairly and impartially weighing the circumstances of the case, and providing the public service with the required quality. Otherwise, the administration will see its act invalidated or be held liable. Likewise, its ethical basis justifies generalizing public action in administrative matters

Administrative Action and the Doctrine of Proportionality in India

Administrative Action and the Doctrine of Proportionality in India

Implicit administrative acts (Part two)

Based on the comparative legal method, the article analyzes the use of the construction of implicit (fictitious) decisions in Russian and several European legal orders, when the inaction of the public administration is equated with the adoption of an administrative act. In the first part of article the author provides a brief overview of the evolution of the legal regulation of the silence of public administration in France, the Netherlands and Germany, and considers the influence of the Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (Services Directive) on the development of the institution of implicit decisions in the EU countries. The paper analyses the conceptual basis and the main arguments pro et contra of two models of implicit administrative acts – a negative decision (based on the principle of “silence is a sign of refusal”) and a positive decision (based on the principle of "silence is a sign of consent"). The analysis of legislation and judicial practice in the second part of article leads to the conclusion about the active use of the principle of "silence is a sign of consent" in regulating the activities of public administration in Russia. At the same time, the negative model of implicit administrative acts (silent refusal) has not been developed in the Russian legal system. However, the doctrine of implicit administrative acts in Russia remains largely underdeveloped, which negatively affects the effectiveness of public administration and judicial protection of the rights of private parties.

Halting Administrative Action in the Supreme Court

Halting Administrative Action in the Supreme Court

ЗВУЖЕННЯ ПРАВ МЕЖ РОЗСУДУ ЗА ВТРУЧАННЯ У ПРАВА І СВОБОДИ ЛЮДИНИ – ЗАКОН УКРАЇНИ «ПРО АДМІНІСТРАТИВНУ ПРОЦЕДУРУ» І СУДОВА ПРАКТИКА У ФРН СТОСОВНО ЗВУЖЕННЯ МЕЖ РОЗСУДУ

Goal. To determine the conditions and limitations during the application of administrative discretion, which are determined by the Constitution of Ukraine. Methods. The scientific provisions presented in the article are based on the use of general and special methods of scientific knowledge (logical-co-semantic method, comparative-legal, systematic, methods of analysis and synthesis, etc.), the choice of which was determined by the purpose and tasks of the research, its object and subject. The results. The article emphasizes that at the initial stages of the formation and development of European, in particular, German administrative law, the narrowing of discretion was not discussed in legal literature and law enforcement practice. However, the situation began to gradually change due to the strengthening of the importance and weight of fundamental rights, the observance of which during the exercise of discretionary powers is currently a mandatory standard. The author analyses the content of the duty of the administrative body to observe the human rights and freedoms guaranteed by the Constitution of Ukraine within the limits of administrative procedures. It is emphasized that for its implementation, the administrative body must clarify all the circumstances of the case, acting on its own initiative. The duty to establish the circumstances of the case is limited by what the administrative body is able to do and what is expedient in each specific situation. Particular attention is paid to the question of how the legal position of the addressee of the planned administrative act (action) should be taken into account in view of the provisions of the Constitution when making a decision on the basis of discretional powers. The author analyses the content of the following constitutional (fundamental) rights and principles (the right to equal treatment, proportionality) and formulates the positions that the administrative body should consider Conclusions. The central criteria for observing the rights and freedoms of the addressee of the event are the duty of equal treatment and the principle of proportionality. Since the reduction of discretion or narrowing it to zero is the result of the influence of the rights and freedoms guaranteed by the Constitution, the decision of an administrative body is considered legal if it was adopted within the available limits of discretion. And any other decision will be considered a significant interference with the addressee’s rights and freedoms and will no longer be proportionate. The same applies to the obligation to treat similar cases similar and treat different cases differently, because if the discretion of the administrative body is limited or reduced to zero, any other decision is a violation of the duty of equal treatment. These two criteria are clear requirements that administrative bodies must comply with when making decisions, and the verification of compliance with these criteria is carried out by administrative courts in accordance with Art. 2 KAS. This control applies to most cases of abuse of discretion, and therefore complex constructions of abuse of discretion are necessary only in some very special cases.

Aantekeninge: Trustaktes en die risiko’s van ’n onnadenkende kopiëring van template

The formulations used in many deeds for a trust inter vivos are probably examples of the type of fallacy that accepts that because there are thousands if not millions of trust deeds for a trust inter vivos that have an identical preamble, they must be legally valid. In many of these trust deeds the preamble and first clause in essence reads: “TRUST DEED XYZ TRUST ENTERED INTO BETWEEN XYZ Identity Number 801023 4567 089 (hereinafter referred to as FOUNDER) and XYZ Identity Number 801023 4567 089 And ABC ID nr And DEF ID nr (hereinafter referred to as TRUSTEES) ON BEHALF OF: THE INCOME AND CAPITAL BENEFICIARIES AS DEFINED IN PARAGRAPH 1.2.1 OF THIS TRUST DEED WHEREAS the founder is desirous of creating the trust herein referred to for and on behalf of the aforementioned beneficiaries subject to the terms and conditions as hereinafter set forth in more detail. AND WHEREAS the trustees declared themselves willing to accept the donation and to hold and utilise it on behalf of the beneficiaries subject to the conditions as set forth by the founder and as it is recorded in this deed of trust; The founder hereby donates to the trustees the amount of R100 (One Hundred Rand) which immediately vests in the trustees in their official capacity to be held in trust and administered according to the terms of this deed. The current trustees are as scheduled in the preamble to this deed …” (emphasis added). In the example the agreement is seemingly concluded with itself by XYZ acting simultaneously as the founder and as primary trustee. However, it is an established legal and logical principle that a legal subject, with the possible exception of a recognised agency construction with an existing principal, cannot enter into an agreement with himself and that any attempt to establish such a construction is necessarily doomed to complete nullity. In the initial editions of LAWSA, this principle was repeated without qualification with regard to a representative construction: “a contract is a juristic act for which expressions of common intention by at least two persons are required”. The later qualification in the case law applies only to the said existing principal and agency arrangements. The envisaged future trust inter vivos can be established, however, at the earliest after all the parties involved have signed the document to express their agreement to the terms incorporated in the agreement. Until then, there is still no trust, and no one can “in an official capacity”, in the sense that Honoré argues that trusteeship is an “office”, represent the non-existent trust. Where a person seeks to conclude an alleged agreement with himself, the law attaches as little value to it as to an arbitrary New Year’s resolution – no legal consequences flow from it. Such an “agreement” is ab initio void and without any legal consequences. Void agreements cannot later be rectified. This is not to be confused with an incorrectly recorded agreement where any of the parties to the existing agreement is entitled to rely on their real consensus and to have the document formally corrected to express their true common intention. Apparently, the trust deed in the example of the XYZ Trust above is void from the outset regardless of whether or not the master of the high court officially registered it later. The administrative act of registration by the master cannot amend the legal position and breathe legal life into a void document. It is submitted that there is an easy way out of the self-caused “practice crisis” where the naïve use of the trusted template of the trust deeds unintentionally jeopardises the validity of these trusts because of the unnecessary cloning of the founder as primary trustee. The trusted template should be amended so that the founder does not allegedly contract with himself as trustee but merely enters into the agreement with the other two persons identified as the original trustees of the XYZ Trust. In order to give effect where applicable to the interest of the founder to retain as a trustee (albeit effectively as one of the controlling trustees) say in the execution of “his” trust, a simple additional conditional clause may provide for a resolutive condition that applies if the other two trustees with whom he as founder initially signed the trust deed do not enter into an agreement with him within the prescribed period in order to add him as an additional trustee on his acceptance of all the controlling powers provided for in the deed. The template often provides for the later appointment of additional trustees: “The current trustees are as scheduled in the preamble to this deed … but the trustees are entitled to appoint additional trustees of their own choice … .”

Teacher perceptions of administrator actions in COVID-19 and its impact on emotional exhaustion: A moderation analysis of teacher self efficacy

School districts, administrators, and teachers faced an unprecedented challenge as schools closed due to COVID-19. SBAE teachers were no exception to this and faced the unique challenge of teaching technical content through virtual platforms. The purpose of this study was to explore SBAE teacher emotional exhaustion amid the shared trauma of the COVID-19 pandemic. This study examined emotional exhaustion, teacher self-efficacy, technological pedagogical content knowledge (TPACK), and perceived supportive actions from administration in [State] SBAE teachers. Paired samples t-tests indicated increases in emotional exhaustion – with a medium effect size – in participants from spring to autumn of 2020. A serial multiple mediator model indicated supportive administrator actions significantly predicted TPACK and emotional exhaustion, while TPACK significantly predicted teacher self-efficacy at the time of measurement. Within the mediation model, no significant indirect effects were found. Further research should examine the factors behind administrative support for teachers to help mitigate emotional exhaustion in the teacher population.

Legal Nature and Characteristics of Administrative Act (in the Comparative Context of Latvia and Ukraine)

The topicality of the topic is due to the entry into force of the Law of Ukraine "On Administrative Procedure", which establishes unified rules for making decisions by the public administration, which are generally called administrative acts. The purpose of the article is to study the nature of administrative acts by highlighting their features, which will have not only theoretical, but also practical significance. The research uses methods of legal analysis and synthesis, comparative-legal, systemic-structural. It has been established that the external orientation of an administrative act means that the administrative body addresses its prescriptions to a person who is outside the public administration and does not have a labor or official relationship with it. It was established that the administrative act is a legal act, as it is based on the prescriptions of legislative acts; on this basis, it differs from actual actions. The difference between administrative and technical acts or simple acts in the field of public law is indicated. It was determined that the decision to refuse to meet the requirements of a person is a negative administrative act. It is emphasized that an administrative act is a decision in the field of public law; the theory of interests, the theory of subordination, and the theory of subjects were used to distinguish between public and private law. The subject of the adoption of an administrative act is the body performing the functions of public administration. It is noted that the functional approach embedded in his understanding allows him to consider both subjects of delegated powers, specially created commissions, and private individuals, if the legislator has empowered them to carry out public administration. It is emphasized that the legislator determines which acts are not administrative. On the basis of the conducted research, conclusions were formulated regarding the features of administrative acts, which include the following: external orientation, legal act, sphere of public law, adopted by the body, applies to an individually determined person or persons, establishes, changes or terminates legal relations or establishes the actual state, is not one from the decisions specified in the negative part of the definition of an administrative act or the adoption of which is not covered by the law. Recommendations are given regarding the use in practice of the features of an administrative act as criteria for determining the nature of the body's decision/action.

Characteristics of Certain Types of Administrative Acts According to the Latest Legislation of Ukraine on Administrative Procedure

The relevance of the study of types of administrative acts is determined primarily by the fact that an administrative act as the main tool of activity, recognized by the provisions of the Law of Ukraine "On Administrative Procedure", although it is accepted (performed) daily by all subjects of public administration exercising public power in the relevant spheres of public life , the forms of their external and legal expression, the cases, grounds and order of their acceptance (commitment), the matters on which they are accepted (committed), as well as their focus on the acquisition, change, termination or realization of rights and/or obligations differ, provided by the current legislation of a private person. Taking into account the arrangement and systematization of administrative acts, it seems possible only with the help of their classification. In this regard, the purpose of the article is to identify and research the types of administrative acts provided for in the legislation of Ukraine on administrative procedure, and their theoretical and legal analysis. Research methods include general and special methods of scientific knowledge, the method of system analysis, the dialectical method, formal-logical methods, structural-functional and comparative-legal methods, as well as a number of empirical methods, which ultimately made it possible to determine and analyze existing approaches to distinguishing types of administrative acts , to carry out their comparative characteristics, as well as to characterize the provisions of the legislation on administrative procedure regarding the definition of types of administrative acts. As a result of the conducted research, the classification of administrative acts was carried out according to the form of acceptance (commitment); according to the method of production (formation); by direction of content; according to the nature of the effect of administrative acts; depending on the number of persons to whom the administrative act applies; according to the quality of the execution of administrative acts, and their theoretical and legal analysis was carried out taking into account the provisions of the latest legislation on administrative procedure. It is substantiated that the potential of the classification of administrative acts is also revealed in the fact that, with its help, it seems possible to distinguish administrative acts from other instruments of activity of public authorities, in particular, regulatory acts and administrative contracts, and political decisions, official orders, etc. This proves that the classification of administrative acts is a promising direction for further scientific research. At the same time, it was noted that the principle in the aspect of research of types of administrative acts is the applied orientation of the proposed classifications and the support of each of the selected types of administrative acts with specific examples.

Educational Activity Licensing Procedure: Administrative and Legal Nature

The relevance of the study of the licensing procedure of educational activity is determined primarily by the need to improve the legislation on higher education within the scope of the Law of Ukraine "On Administrative Procedures". Normative acts regulating the licensing of educational activities are classified depending on the subject of regulation and are distinguished: 1) those regulating the static characteristics of licensing of educational activities; 2) those regulating the dynamic characteristics of educational activity licensing. It is substantiated that the procedure for licensing educational activity is a public procedure related to the exercise of the right to educational activity. The features characteristic of the educational activity licensing procedure as a type of administrative procedure are singled out, namely: it is carried out in the manner determined by the legislation on higher education; concerns public-legal relations regarding the provision of rights, freedoms or legitimate interests of individuals in the field of educational activity; is decided with the participation of an administrative body - an executive body, or rather the Ministry of Education and Science; as a result of the administrative procedure, the license is accepted as an administrative act, etc. It was concluded that according to the classification criteria, the licensing procedure of educational activity is a type of: 1) special partial; 2) law enforcement; 3) non-jurisdictional; 4) external; 5) declaratory administrative procedure. It has been established that a license is a decision of an individual nature, which is taken by an executive body authorized to perform the functions of public administration to resolve a specific case for the acquisition, change, termination or realization of rights and/or obligations in the field of education.

The Principle of Guaranteeing Effective Means of Legal Protection: European and National Concept

The relevance of the research is determined by the novelty of the topic, taking into account the Law of Ukraine "On Administrative Procedure". The purpose of the study is to characterize the category "guaranteeing effective legal remedies" in the national administrative legal doctrine, taking into account the European standards for the protection of the rights, freedoms and interests of the individual, and to determine the directions of research into the problems of challenging administrative acts in public administration. The research uses many methods, including general scientific and special legal ones: comparative legal, systemic structural, analysis, synthesis, and others, which makes it possible to systematically and consistently approach the solution of scientific problems, to investigate different positions of scientists, the provisions of legal acts and formulate appropriate conclusions. An analysis of the essence of the principle of guaranteeing effective legal remedies was carried out. Two components of the principle are distinguished: 1) the right of a person to appeal the decision, actions or inaction of an administrative body; 2) the duty of an administrative body to inform a person about the method, procedure and terms of filing a complaint against an administrative act that negatively affects his rights, freedom or legitimate interest. This opens the way for in-depth scientific understanding of this topic. In the process of analysis, a number of problematic moments related to the incorrect use of the provisions of this principle were revealed. It is emphasized that the implementation of the principle will affect: a) a change in the format of interaction between individuals and administrative bodies in the direction of raising the standards of such communication; b) reducing the burden on administrative courts, etc.On the basis of the conducted research, conclusions were formulated and recommendations were made, namely, that the principle of guaranteeing effective means of legal protection: 1) is based on EU standards, taking into account national specificities; 2) is an additional mechanism for the protection of persons; 3) is implemented mainly at the level of the institute of administrative appeal, which has certain advantages compared to judicial appeal. Therefore, in the context of the transformation of national legislation, there is a need to conduct additional research on the specifics of the implementation of this principle, taking into account the realities of today.