Administrative Action Research Articles

The Poor in the Variae of Cassiodorus: A Reading

Abstract The Variae provide important evidence of the Ostrogothic royal court’s interventions on behalf of the needy. Theoderic and his successors sought not only to alleviate but also to prevent, as far as possible, the serious situations of poverty in which individuals or whole regions might find themselves. Indeed, they tried to counteract the harassment of the potentes to the detriment of the pauperes. Thus, beyond the idealized image of the Ostrogothic reges that Cassiodorus gives us, their administrative action seems to have been specifically aimed at protecting the poor. In this respect, the Variae provide an interesting testimony that will be analysed for Cassiodorus’s specific use of the term pauper in relation to a wide range of situation characterised by a state of marginality.

СУТНІСТЬ ТА ОСОБЛИВОСТІ АДМІНІСТРАТИВНОЇ ПРОЦЕДУРИ В ПУБЛІЧНОМУ УПРАВЛІННІ

B a c k g r o u n d . In Ukraine, administrative procedures are gaining more and more importance, within the framework of which the realization of the rights, freedoms and interests and duties of a person is guaranteed. The specified issue becomes relevant also due to the implementation of the Association Agreement, which leads to the acceleration of the pace of bringing national legislation in line with European standards. The understanding of the issue of definition and peculiarities of the application of the administrative procedure by public administration bodies is also acquired in the aspect of the implementation of the Public Administration Reform Strategy of Ukraine for 2022-2025, among the priority tasks of which is the provision of high-quality, convenient services, as well as understandable procedures for individuals and legal entities. The purpose of the study is to outline the essence and features of the administrative procedure in public administration, taking into account the state of development of this issue in the scientific literature. To achieve the goal, the following tasks were defined: generalize theoretical developments and define the concept and essence of the administrative procedure; to reveal the peculiarities of the implementation of the administrative procedure in the activities of public administration bodies for further reflection in legislative acts. M e t h o d s . The author used a complex of general scientific and special methods of scientific knowledge. The methodological basis of the research is the general scientific dialectical method, which made it possible to clarify the essence of the administrative procedure. The application of methods of analysis and synthesis provided an opportunity to distinguish relevant concepts and phenomena, to reveal their special features. The modeling method was applied during the development of conclusions regarding the definition, meaningful filling and implementation by public management bodies of administrative procedures in Ukraine. R e s u l t s . The given scientific views make it possible to understand the administrative procedure as one of the types of procedural activity of public administration bodies for the realization of the rights, freedoms, obligations and interests of individuals and legal entities. The peculiarity of the administrative procedure for the activity of public administration bodies is in the following aspects: to ensure the organization of the activity of public administration bodies; to guarantee the interests of the person, as well as the rights and freedoms of individuals and legal entities; to create a coherent, consistent and effective procedure of actions of public administration bodies for making a management decision; to ensure transparency and openness in the performance of the functions of public administration bodies during the adoption and implementation of organizational and administrative or managerial decisions. The meaningful content of administrative procedures is their constituent structural elements such as participants (public administration bodies and individuals), persons who contribute to the consideration of an administrative case, stages of the administrative procedure, and administrative acts. The author includes the following stages of administrative procedures: initiation of administrative proceedings; preliminary review of documents; consideration of an administrative case; adoption of an administrative act; execution of an administrative act. С o n c l u s i o n s . Due to the adopted codified legislative act on administrative procedure (the Law of Ukraine "On Administrative Procedure"), existing urgent key problems and inconveniences of legal regulation of administrative procedure should be resolved and streamlined. By enshrining in national legislation, the general rules and principles of administrative procedure, favorable conditions for legal determination will be created and a guarantee will be provided regarding compliance with the rights of citizens and legal entities when public administration bodies determine their rights and obligations.

ԱՊԱՀՈՎՄԱՆ ԻՆՍՏԻՏՈՒՏԻ ԱՌԱՆՁՆԱՀԱՏԿՈՒԹՅՈՒՆՆԵՐԸ ՎԻՃԱՐԿՄԱՆ ՀԱՅՑԻ ՀԻՄԱՆ ՎՐԱ ՀԱՐՈՒՑՎԱԾ ԳՈՐԾԵՐՈՎ

One of the effective methods stipulated by the legislation, which ensures the implementation of judicial decisions, is by establishing a distinct mechanism for securing rights during administrative proceedings. This mechanism, referred to as “preliminary protection of rights,” operates separately from the method used to secure claims. The latter method is applicable only to three specific types of claims and does not extend to dispute claims. Notably, this study focuses on the suspension of administrative acts as a unique form of preliminary protection. It sheds light on the distinctions between this suspension and the general claim securing process. Furthermore, it underscores legislative strategies, identifies legal gaps in the current framework, and suggests legal remedies. The research explores the differences between suspending the execution of an administrative act and suspending its operation. It emphasizes the necessity of empowering courts to employ protective measures while investigating the factual context of a case, guided by terms such as “significant damage,” “reasonable doubt,” and “ impossibility of rights protection.” The interpretation of these terms forms the foundation for suspending administrative acts. The investigation delves into varying interpretations of the term “impossibility” and advocates for uniformity in its application. It also delves into instances where immediate execution of administrative acts is mandated, both as a legal requirement and as a rationale for their swift execution by administrative bodies. This analysis considers the interplay between public and private interests in these scenarios. In this pursuit, the study draws insights from international practices, as well as domestic legislative and judicial experiences. It pinpoints legal gaps and introduces potential legal remedies within this framework.

NARRATIVE ON THE ESSENCE OF THE PRINCIPLE OF GUARANTEEING EFFECTIVE MEANS OF LEGAL PROTECTION IN THE CONTEXT OF ADMINISTRATIVE PROCEDURE

The article examines the principle of guaranteeing effective means of legal protection, which is an important component of the system of principles of administrative procedure and which is implemented, usually at the level of the institute of administrative appeal. The essence of this principle has been established, which manifests itself and boils down to the fact that a person can appeal any decision, action or inaction of an administrative body in an administrative procedure, that is, it is possible to appeal to the subject of the review of the complaint (as a general rule, this is an appeal to of a higher body or an official of an administrative body that adopted an administrative act, procedural decision, action). It was established that the principle of guaranteeing effective means of legal protection has two main components: a) the right of a person to appeal decisions, actions or inaction of an administrative body in the procedure of administrative appeal; b) the duty of an administrative body to inform a person about the method, procedure and terms of appeal of an administrative act that negatively affects the right, freedom or legitimate interest of that person. It was found that the principle of guaranteeing effective means of legal protection is influenced by: a) the norms of the national legal space (the Constitution of Ukraine, the Law of Ukraine "On Administrative Procedure" and others); b) provisions of "soft" law of Council of Europe bodies; (c) Convention on Human Rights; (d) decision of the ECHR. Attention is emphasized and it is justified that the implementation of European standards at the level of public administration translates the activity of administrative bodies into a modern format by guaranteeing proper appeal in such a way as to reduce the number of disputed issues, as a result of which the burden on administrative courts will be reduced due to the reduction of the number of appeals. Definition of the main advantages of an out-of-court appeal over a judicial one. It is emphasized the need to carry out complex studies of the principle of guaranteeing effective means of legal protection of the content, taking into account various aspects of the manifestation of the specified principle, in the context of the latest challenges of today.

Problems of developing a culture of treatment of intestinal infections in Tselinograd in the 1970s

The paper notes that after the establishment of the Virgin Lands area, specialists from all republics of the former Soviet Union came to the reclamation of virgin lands. Intestinal diseases, like other infectious diseases, were widespread among the local and arriving population. The authors have shown that large epidemic outbreaks of intestinal infections were possible in organized and unorganized collectives of residents of Tselinograd in case of violation of sanitary and hygienic regulations. Attempts, made by the city’s health authorities, did not always lead to an improvement in the quality of medical care. The authors emphasize that the shortage of specialists and healthcare institutions, violation of the treatment regimen, and other reasons influenced the deterioration of the epidemiological situation. The authors pay attention to the main directions and specific actions of the city administration to carry out epidemic control measures on the example of the sanitary service of Tselinograd during the difficult period of reclamation of virgin lands in Kazakhstan in the 1970s.

Problems of researching the history of exile of Ukrainians and of the Baltic peoples in the USSR

This study investigated the conditions of exile and interaction between Ukrainian and Baltic prisoners in Soviet camps in the post-war period. The scientific relevance of the subject lies in the investigation of the cooperation of political prisoners of diverse national groups, which led to the camp uprisings of 1953-1954. The purpose of this study was to determine the nature of the conditions of exile and the opportunities for contacts between Ukrainian and Baltic prisoners in the context of protest formation using evidence from the camp departments of Vorkuta, specifically Rechlag. To fulfil this purpose, the methods of comparative and retrospective analysis, historical and psychological reconstruction were used. The study identified common and distinctive features inherent in the Vorkuta camps. It was found that the basis for interaction between Ukrainian and Baltic prisoners was their common situation and attempts to improve living conditions in the camp. Therewith, it was stated that the same cultural and educational level and participation in the anti-Soviet resistance improved the establishment of interethnic contacts. The socio-psychological characteristics of Ukrainian and Baltic prisoners of the postwar era distinguished them from others. It was found that the unification into national groups was facilitated by the self-identification of prisoners as captives with a national worldview and experience that opposed Soviet ideology. The main goal was to improve the conditions and release prisoners from places of captivity, and active attempts to achieve this came after Stalin’s death. It was proved that political uncertainty and chaotic actions of the camp administration became a catalyst for uprisings that accelerated the transformation of places of captivity. A key role in organising the protests belonged to strike committees representing groups of prisoners on ethnic grounds. Specifically, Ukrainian, and Baltic prisoners took an active part in them. This shows the place and role of these nations in the camp uprisings. The practical significance of this study lies in highlighting the little-studied issue of the ways in which Ukrainian and Baltic political prisoners interacted and the impact of these contacts on the fight against the Soviet repressive apparatus in prison

ОСОБЛИВОСТІ ПРИТЯГНЕННЯ ДО АДМІНІСТРАТИВНОЇ ВІДПОВІДАЛЬНОСТІ В УКРАЇНІ ІНОЗЕМЦІВ ТА ОСІБ БЕЗ ГРОМАДЯНСТВА

In view of the Euro-integrated and Euro-Atlantic development of Ukraine as a powerful subject of international relations and at the same time the need to strengthen Ukrainian economic capacity through foreign investments, softening of many administrative and procedural actions regarding crossing the border in the near future, lead to the need to determine the specifics of the legal regulation of administrative responsibility for towards stateless persons and foreigners. In view of the active and large-scale military operations in Ukraine, this issue is gaining deeper relevance, which is primarily related to the provision of the security component. Within the framework of the study, the categorical apparatus was analyzed based on its normative anchoring in the system of domestic legislation; the categories "foreigner" and "stateless person" are distinguished; a number of features of bringing to administrative responsibility for offenses committed by foreigners/stateless persons in our country are highlighted; an analysis of statistical data and its objectivity was carried out at the current stage, which is connected with active military operations on the territory of our state; an analysis of the relevant norms of the Code of Ukraine on Administrative Offenses, which actually regulate the procedure for bringing foreigners and stateless persons to administrative responsibility; individual procedural aspects are considered in terms of the investigated issues; the necessity of revising the currently provided amount of the fine within the analyzed articles of Chapter 15 of the Code of Administrative Offenses is substantiated. Based on the current legislation of Ukraine, it was established that foreigners and stateless persons are, in fact, special subjects of administrative responsibility. Administrative responsibility for the offenses of the specified persons is characterized by a number of features that define these persons as special subjects of administrative responsibility and administrative law in general. In general, the specified persons, based on the fact of their stay on the territory of Ukraine, bear administrative responsibility within the limits defined by the current legislation of Ukraine, the Constitution of Ukraine and international treaties. At the same time, in certain cases, the law on administrative responsibility establishes a special procedure for prosecuting foreign citizens and stateless persons.

Burnout among nurses: Examining psychosocial work environment causes

Medical personnel, and especially staff working in hospitals such as doctors and nurses are exposed to a number of important psychosocial risk factors as a consequence of the type of work. The consequence can be the occurrence of job burnout among nurses. the researchers wanted to analyze work psychosocial support in an effort to control burnout in health workers at Semen Gresik Hospital. This research is an analytical observational quantitative research. The research was conducted by interviewing respondents regarding the independent variables and the dependent variable without giving any treatment. This research is included in the analytical research design with the aim of analyzing the relationship between variables This research is analyzed using Semi Equation Model (SEM) by calculating outer model, inner model, and the goodness of fit of the model. The results of testing the first hypothesis give the result that there is a significant positive effect of Psychosocial Work Environment on Burnout with a T-Statistic value (59.577) >1.96 and p-value (0.000) <0.05 so it can be stated that there is a significant positive influence of Psychosocial Work Environment on Burnout. This means that hypothesis 1 can be supported. The most influenced factor from psychosocial work environment are job demand as well as conflict and offensive behavior. Because nurses have several workload especially during the pandemic, they have the obligation to do administrative, preventive, and curative action in the meantime.

Медицинское планирование организаций здравоохранения «Health planning» в Республике Казахстан

Medical planning "Health Planning" is a modern methodology used to develop the healthcare facilities infrastructure. This type of planning identifies public health problems, needs and resources in order to establish priority goals and identify administrative and managerial actions necessary to achieve goals, including those used in planning and designing the healthcare facilities infrastructure. Medical planning "Health Planning" includes the the following documents creation: the report on the land plot analysis and evaluation, the justification for the medical and technological specification, medical and technological specification, the planned medical services list, the recommended staffing, the planned medical products list.Keywords: infrastructure, medical planning, national operator, healthcare facilities.

Iranian Health System Response to the COVID-19 Pandemic

Introduction: The COVID-19 pandemic has created several challenges for countries all over the world. Different countries have taken different measures to fight this pandemic and reduce its challenges depending on their cultural, economic, and social structures. This study aims to understand and explain the Iranian health system's response to fighting the COVID-19 pandemic from the managers' and authorities' perspective. Method: This study is a basic applied research performed under a qualitative approach. In the survey, 30 experts including the managers of health centers and deputies and heads of the Ministry of Health and Medical Education and Medical Universities were selected by purposive snowball sampling and participated in semi-structured interviews from March to May 2020. The researchers explained the actions of the Iranian health system in fighting the COVID-19 pandemic in 2020 by content analysis. Results: As a result, 14 subthemes were found and classified into four major themes, including the informative and regulative actions (two subthemes), administrative and supportive actions (six subthemes), preventive and curative actions (three subthemes), and resource-related actions (three subthemes). Conclusions: Due to its strong health structures, such as urban and rural health networks, various general and specialized hospitals, experienced doctors, and committed health staff, Iran has taken practical actions in fighting the COVID-19 pandemic. However, the findings of this study and its relevant measures can help combat this pandemic in countries with similar social and cultural structures or counter future similar crises.

Pretext, Reality, and Verisimilitude: Truth-Seeking in the Supreme Court

The assault on truth in recent public discourse makes it especially important that judicial decisions about Executive actions reflect the world as it is. Judges should not assume some idealized reality where good faith prevails, the motives of public officials are above reproach, and administrative processes are presumptively regular. Unfortunately, however, the Supreme Court has acted on naïve or counterfactual assumptions that limit judicial review of administrative or Presidential action. Such intentional judicial blindness or suspension of justified disbelief—such lack of verisimilitude—can sow doubt regarding the Court’s candor and impartiality. In analyzing the Court’s fealty to objective reality in its review of Executive actions, this Article focuses primarily on two Supreme Court decisions: the Travel Ban Case and the Census Case. These decisions illustrate how the mode of judicial review can influence verisimilitude. In the Travel Ban Case, the Court refused to look behind an implausible explanation of the government’s actions, a paradigm judicial departure from verisimilitude inimical to the legitimacy of the Court. The Census Case is a less direct assault on objective reality, as the Court ultimately did examine the truthfulness of the government’s justifications. But it did so in a manner that does not manifest a vital commitment to truth. This Article will also touch upon a third case: U.S. Department of Homeland Security v. Regents of the Univ. of Cal. (the DACA Case). The DACA Case did not challenge objective reality but on the contrary insisted that agencies provide the actual reasoning behind their decisions rather than justifications they thought of later, even if those justifications were otherwise valid. The case thus reinforces the importance of candor and accuracy. A key lesson from these cases is that to preserve its legitimacy, the Court should abandon or modify doctrines that cede judicial review of national security issues, limit consideration of `pretext, decline to assess the intent of government actors, and indulge a presumption of regularity for administrative determinations. These reforms are achievable without a major overhaul of administrative law standards.

The Right to Fair Administrative Action: The Case of Children &amp;amp; School Unrest in Kenya

The Right to Fair Administrative Action: The Case of Children &amp;amp; School Unrest in Kenya

The National Security Consequences of the Major Questions Doctrine

The rise of the major questions doctrine—the rule that says that in order to delegate to the executive branch the power to resolve a “question of ‘deep economic and political significance’ that is central to [a] statutory scheme,” Congress must do so expressly—threatens to unmake the modern executive’s authority over foreign affairs, especially in matters of national security and interstate conflict. In the twenty-first century, global conflicts increasingly involve economic warfare, rather than (or in addition to) the force of arms. In the United States, the executive power to levy economic sanctions and engage in other forms of economic warfare are generally based on extremely broad delegations of authority from Congress. The major questions doctrine (MQD) threatens the ability to fight modern conflicts for two reasons. First, classic national- security-related conflicts—wars of territorial conquest, terrorism, or nuclear proliferation—increasingly are met with economic measures. But the statutes that authorize economic warfare actions are incredibly broad and recent administrations have interpreted these statutes in ways that risk running afoul of an expansive and free-form MQD. Second, “foreign affairs exceptionalism,” in which the Court decides not to apply the MQD to statutes involving foreign affairs, is not likely to work well as a response because what is “foreign” and “domestic” cannot be easily distinguished and attempts to do so will have perverse consequences. The MQD raises serious problems for foreign affairs and national security. If the MQD is applied to domestic, but not foreign, delegations, then the executive branch will have an incentive to use broad foreign affairs delegations to accomplish domestic policy objectives in order to evade the safeguards and limits that attend domestic administrative action. At the same time, judges will have to police the porous boundary between “foreign” and “domestic,” with especially high error costs because wrong decisions will affect national security. If the MQD is applied to economic delegations that touch foreign commerce, the most likely consequence is that judges—particularly lower court judges—will be put in the position of second-guessing executive branch decisionmaking on precisely those questions—economic foreign policy questions of deep economic and political significance—on which the political branches enjoy both constitutional primacy and institutional expertise. This result is troubling; judges lack the knowledge and training to make effective decisions bearing on foreign policy, and putting them in the position to do so contravenes the norms of our legal system.

Judicial Review of Administrative Action Based on AI

Judicial Review of Administrative Action Based on AI

Վարչական ակտի դատական կարգով բողոքարկման արդյունավետությունը «Պետական տուրքի մասին» ՀՀ օրենքի նոր կարգավորումների լույսի ներքո / The Effectiveness of the Judicial Appeal of the Administrative Act «On the State Tax» in the Light of the New Regulations of the RA Law

The purpose of the article is to assess the effectiveness of introducing new state duty rates in the event of a judicial appeal of an administrative act, which, in our opinion, leads to disproportionate interference in the constitutional right to judicial protection. In this article, we highlighted techniques and measures (method) aimed at identifying and highlighting the problems that currently exist after the abolition of existing state tax benefits. The focus of the article lies in examining the justification for multiple increases in state duty rates and the removal of existing incentives for state duty payment. These changes have resulted in an imbalanced impact on the constitutional right to access judicial protection. The article conducts a comparative analysis within the framework of upholding the constitutional human right to judicial protection and the constitutional principle of proportionality.

Opšti pogled na karakter upravnog spora u prvoj jugoslovenskoj državi

The text is an attempt to re-test certain authorial hypotheses regarding the character of the administrative dispute in the first Yugoslav state, by using descriptive and evaluation methods. In the first part of the paper, the readers are briefly reminded of the basic theoretical assumptions concerning the concept, subject and classification of administrative dispute. The second part of the paper presents a review of the normative framework and accepted legal solutions in the analyzed period. In the third part of the paper, the author addresses the more significant doctrinal dilemmas on this issue. In the last part, instead of concluding, a simplified assessment of the character and legal nature of the administrative dispute in the mentioned period is offered. It is concluded that the system of administrative court control of the administration belonged to the group of European-continental ones, that the subject of the administrative dispute was determined by a combination of the general clause method and the negative enumeration method, and the dispute was defined as a subjective dispute about the legality of the administrative act. A particular emphasis is placed on the existence of an objective administrative dispute and the views on the existence of a form of full jurisdiction in the law of the first Yugoslav state are accepted.

The concept and meaning of mediation as a form of resolution of administrative disputes arising from the appeal of an administrative act of a subject of authority

The concept and meaning of mediation as a form of resolution of administrative disputes arising from the appeal of an administrative act of a subject of authority

ԴԱՏԱԿԱՆ ԵՎ ԱՐՏԱԴԱՏԱԿԱՆ ԿԱՐԳՈՎ ՎԱՐՉԱԿԱՆ ԱԿՏԻ ԲՈՂՈՔԱՐԿՄԱՆ ԴԵՐԻ ԵՎ ՆՇԱՆԱԿՈՒԹՅԱՆ ԻՐԱՎԱՀԱՄԵՄԱՏԱԿԱՆ ՎԵՐԼՈՒԾՈՒԹՅՈՒՆԸ ԱՆՁԻ ԻՐԱՎՈՒՆՔՆԵՐԻ ՎԱՐՉԱԻՐԱՎԱԿԱՆ ՊԱՇՏՊԱՆՈՒԹՅԱՆ ԲՆԱԳԱՎԱՌՈՒՄ

The purpose of the article is to highlight the problems aimed at the effective protection of human rights and provide recommendations for their solution, which derives from the requirements of Article 18 of the Constitution, according to which "Everyone has the right to effective means of legal protection of his rights and freedoms before the courts, as well as other state bodies." The issue of administrative-legal, extrajudicial and judicial protection of human rights and freedoms is most relevant in the wide-scale field of public relations. Human rights are most often violated during the activities carried out by the bodies of the executive power or their officials. In this article, we have highlighted the mechanisms and measures that allow you to find out which means of protection is more effective at the moment. The article discusses the role and significance of judicial and extrajudicial administrative act appeals in the field of administrative and legal protection of personal rights, their features, highlights existing gaps and offers solutions for ensuring and improving the protection of human rights, which lead to the fact that the protection of human rights administrative and legal forms are meant to serve for the restoration of violated human rights and ensuring the protection of rights, and the real guarantees for the implementation of these forms are the administrative and legal measures for the protection of rights, which need to be improved and whose gaps we have addressed by analyzing also current practice.

Reforms in the erstwhile Federally Administered Tribal Areas of Pakistan: a critical analysis

The ex-FATA reforms process is comprehensive and has short, medium, and long-term dimensions. It was not an easy task that could be completed with simple legislative and administrative actions. The government of PML-N (2013-2018) formed an eleven-member task force to accelerate the implementation process, focusing on suggested law reforms, FATA's development, and FATA's mainstreaming. In 2017 a high-powered National Implementation Committee was established to monitor this process and to review the implementation of the said reform based on monthly Task Force reports. Apart from envisaging reforms in several domains, the suggested reform packages also aim to improve the tribal areas' socioeconomic prospects. It may be stated that the reforms also aim to improve the tribal people's socioeconomic situation. This study critically analyses the merger and examines the reforms' consequences for FATA.

SUSPENSION OF EXECUTION OF THE FINAL DECISION OVER THE OBJECTION OF THE PUBLIC PROSECUTOR

The article presents the institutions of the prosecutors objection in general administrative proceedings and the obligations of the public administration body resulting from the fact of lodging the objection. This is the obligation to initiate extraordinary proceedings covered by the objection ex officio and the obligation to consider the suspension of the execution of the decision until the objection is resolved. The article indicates the scope of the objection and the purpose of this legal institution. The obligation to initiate extraordinary proceedings covered by the objection was presented. On the other hand, the issues related to the obligation to consider the suspension of the execution of the decision (Article 187 of the Code of Administrative Procedure) were discussed in greater detail. The issue of the execution (enforceability) of an administrative act and the objective scope of decisions to which the obligation under Article 187 of the Code of Administrative Procedure. Next, the issues concerning the moment of deciding on the suspension of the execution of the decision covered by the prosecutors objection, the form of this decision and the grounds for suspending the execution of the decision in the event of the prosecutors objection were examined.