Administrative Bodies Research Articles

Адміністративний процес, як провідна галузь права у співвідношенні з міжнародними правовими системами ЄС та США

The article is devoted to a detailed study of administrative procedure as one of the key branches of law and its correlation with international legal systems, such as the legal systems of the European Union (EU) and the United States of America (USA). The study of these systems is important for understanding current trends in the development of administrative law in Ukraine, especially in the context of its integration into the European legal area and large-scale legal reforms. The purpose of this study is to identify commonalities and significant differences between the administrative processes in the EU and the US, and to assess how these processes can be integrated into the Ukrainian legal system. Particular attention is paid to the analysis of administrative justice principles such as the rule of law, fairness, access to justice and judicial independence. The study shows that, despite significant differences between the legal traditions of the US and the EU, both systems share a common goal of ensuring transparency and accountability of administrative bodies and protecting the rights of citizens. The article analyses the different approaches to administrative justice, in particular, it shows that in the EU and the US, they are united by such important elements as independence of the judiciary, access to justice and protection of human rights. These principles may serve as guidelines for the development of administrative law in Ukraine, where reforms are aimed at strengthening the judicial system and improving the mechanisms for protecting the rights of citizens in their relations with administrative authorities. Particular attention is paid to the analysis of the impact of the EU and US legal systems on the development of administrative law in Ukraine. Ukraine, on its way to integration into the European Union, has already adopted many elements of the European legal system, in particular in the field of administrative justice. At the same time, the American experience of regulating economic relations through administrative law may also be useful for Ukraine in the context of developing a market economy and building a state governed by the rule of law. Thus, the article concludes that the integration of Ukrainian administrative law into the European legal space should take into account both the EU’s positive experience in the field of human rights protection and transparency of public administration, and American approaches to regulating economic relations and ensuring the effectiveness of administrative justice.

Система публічного адміністрування nоргівлі валютними цінностями

The article is devoted to the definition of the system of public administration of trade in currency values, the problem of theoretical substantiation of its elements, the main types of manifestations of the administration of this sphere, the study of the subjects of the implementation of administration functions, the study of the current legislation regulating this sphere of public-legal relations. Particular attention is paid to the definition of the content of the category “trade in currency values”, the disclosure of the legal nature and features of the category “public administration”, the outline of the approaches to the definition of its content and constituent elements available in domestic science. The definition of the system of public administration of trade in currency values and its constituent elements was carried out within the framework of the instrumental theory in law. It was established that, taking into account the initial provisions of the instrumental theory, the instruments of public administration of currency trading in Ukraine should be considered the norms of the current legislation, which determine the procedure for carrying out, in particular, the licensing of this activity, its control, taxation, the application of other management measures, prohibitions in this sphere, activity and law-enforcement acts of public administration bodies that carry out such management activities are empowered to impose administrative and financial sanctions. A proper definition of the category “administration of trade in currency values in Ukraine” is proposed. It was determined that the administration of trade in foreign exchange values takes place on the basis of complexity, reasonableness, flexibility of implementation and adaptability to the conditions of application of control and other measures, the expediency of their application, and orientation towards the consistent solution of current and long-termtasks of the state’s currency policy. The peculiarities of the functioning of subjects of the administration of currency trade in Ukraine, including the National Bank of Ukraine, the Ministry of Economy of Ukraine, the National Commission for Securities and the Stock Market, the State Tax Service of Ukraine and the Cabinet of Ministers of Ukraine in general, have been determined. It was found that the main subject of the administration of the outlined spheres of public legal relations is the National Bank of Ukraine. It is he who implements administrative, regulatory, control and other instruments in the field of currency relations. At the same time, other areas of implementation of the administration are disclosed, in particular, the activity of public administration bodies within the framework of taxation procedures of the researched activity is outlined.

Evaluation of the incident management system of a bigger city during the winter flood 2023/24 in northern Germany: Organized (ir)responsibility in the pre-disaster phase

Incident management systems operate within complex and uncertain conditions during disasters. Therefore, researching their activities is challenging as there is no clear right or wrong. The winter 2023/2024 flood event in the city of Oldenburg, Germany, provided an opportunity to evaluate crisis management under high uncertainty, although no disaster has eventually occurred. Three stakeholder groups of the Incident Management System were examined through After-Action Reviews: The Emergency Operation Center (EOC), specialist advisors, and the Area Command (AC). Data on performance shaping factors (descriptions and judgements) were collected and analyzed using the Countenance Evaluation Model as a general framework in combination with a Systems-Thinking approach. The study aimed to identify variables within and between groups as well as factors in the environment that either hindered or facilitated work transactions. It emerged that the work organization in bodies of public administration is at odds with the uncertain, fast-paced, and problem-oriented structure of Incident Management System operations, causing stress and adding workload to employees. Additionally, the separation of strategic and tactical decision making led to coordination issues due to divergent time structures and task logics of EOC and AC. Furthermore, although specialist advisors played a crucial role in risk assessments and setting the direction of risk mitigation activities, it became clear that this person related resource is scarce and difficult to embed into the Incident Command System. A final finding is the importance of the larger Emergency Operation Center working environment. The spatial constraints and noise levels caused stress.

A Short Review on Techniques useful to Enhance Solubility and Drug Dissolution Rate for Intensification of Bioavailability

Dissolvability assumes an essential part in accomplishing the imperative grouping of prescription in the circulation system to exhibit pharmacological impacts, as it includes the course of a strong substance dissolving in a fluid stage to make a uniform combination. The essential test experienced in forming drugs is the restricted watery solvency of novel medication particles. At the point when inadequately dissolvable medications are managed orally, higher portions are expected to achieve the ideal helpful plasma fixation. Administrative bodies and wellbeing associations use the Bio drug Order Framework to classify intensifies in light of their dissolvability and penetrability. This order framework is utilized to lay out bio equality for substances that are exceptionally dissolvable and profoundly penetrable, involving disintegration for the purpose of evidence. Drugs displaying poor watery solvency experience slow disintegration rates, bringing about commonly low bio accessibility upon oral organization. This survey article expects to investigate methodologies for accomplishing successful ingestion and improving bio accessibility. This article examines different procedures and techniques for working on the dissolvability of inadequately solvent medications. Solvency is essential for a medication's successful fixation at the objective activity site. The decision of strategy relies upon the medication's temperament, properties, and pharmacokinetic conduct. Different strategies can be utilized separately or in mix to further develop drug dissolvability. The decision of strategy relies upon the medication's quality, viability, and relationship with different synthetic compounds, dependability, and final result yield, while likewise thinking about financial variables.

Конституционное развитие нового Китая: к 70-летию первой Конституции КНР

The People’s Republic of China was established on 1 October 1949, and in the initial years after its emergence on the world stage, the country embarked on an active phase of law-making, culminating in the adoption of its first Constitution on September 20, 1954. This constitution was based on the Stalinist Constitution of 1936 and incorporated some of its constitutional and legal institutions, categories, and norms of the time. The 1954 Constitution of the PRC laid the foundation for the state system not only for the early period of the PRC but also for modern China. It served as the basis for the 1982 Constitution, which is the fourth and current Constitution in effect today. The foundational elements of the political system and the structure of the supreme and local bodies of state power and administration established in the early years of the PRC remain in place. The spirit of the 1954 Constitution has permeated all subsequent constitutional legislation in the PRC. Consultative democracy, democratic centralism, a unicameral parliament, and many other features that are now integral to China’s political system were established by the first Constitution of socialist China. Understanding the essence of the ideas enshrined in this foundational document is crucial to comprehending China’s unique constitutional way of development and providing a reasonable scientific forecast of its future evolution.

세종대 풍수학에 대한 인식과 그 실상 - 세종 15년(1433) ‘풍수학’ 설치 과정을 중심으로

This paper aims to explore the actual state of geomancy (pungsu, 風水) in the early 15th century and examine perceptions of geomancy from various perspectives by investigating the process of establishing the “Pungsuhak (風水學)” organization. In the seventh month of the 15th year of King Sejong (世宗)'s reign (1433), a debate arose in the court over the auspicious site of Gyeongbok-gung (景福宮) Palace, initiated by the geomancer Choi Yang-seon (崔揚善). This led to a geomantic debate in the court, reigniting the controversy over the mountain pass next to Heolleung (獻陵), which had been raised but remained unresolved in the 12th year of Sejong's reign (1430). Despite opposition from his officials, King Sejong ordered scholars from the Jiphyeonjeon to study geomantic texts to resolve the issues. He formalized the scholars' research duties by assigning them official titles and establishing the “Pungsuhak” organization. The establishment of “Pungsuhak” faced considerable opposition. The key points of contention were threefold: first, that geomancy should not be discussed in royal lectures; second, that geomancy was not a subject worthy of the king's personal study; and third, that the Jiphyeonjeon should not be engaged in the study of geomancy. King Sejong countered these objections by citing Zhu Xi (朱熹)'s example, arguing that discussing geomancy was not beyond the scope of a Confucian scholar's duties, and he proceeded with the research through the “Pungsuhak” organization. At the time, two other organizations oversaw geomancy: the Seoun-gwan (書雲觀), an administrative body, and the Yin-Yang Studies (陰陽學) of the Ten Schools (十學), an organization responsible for education and examinations. However, when the geomantic debate arose, Sejong chose not to utilize these existing organizations but instead established the “Pungsuhak” organization, entrusting the scholars of Jiphyeonjeon with the study of geomancy. Consequently, the geomancy departments within the Seoun-gwan and Yin-Yang Studies remained in a disadvantaged position.

Parlamentarna kontrola organów administracji publicznej na przykładzie interwencji poselskich i senatorskich oraz ich quasi-władczych aspektów

The main aim of the article is to show parliamentary control over public administration bodies in the context of quasi-imperial influence on these bodies through parliamentary interventions. The considerations are divided into several parts. The first one concerns the definition of key concepts relevant to the discussed topic, such as control, parliamentary control and supervision. The second part addresses the position of the Polish Sejm and Senate in the context of their constitutional role and their ability to control public administration bodies. The third part focuses directly on the quasi-imperious aspects associated with the use of parliamentary interventions. The rationale behind addressing this topic is the improper use of this right by parliamentarians, who through their partially extra-legal quasi-authoritarian actions can essentially compel controlled entities to handle matters in a specified manner and within a designated timeframe, thereby exceeding the bounds of ordinary control. The analysis of these issues requires the use of a dogmatic-legal method as the primary research method.

Glosa krytyczna do wyroku Wojewódzkiego Sądu Administracyjnego w Warszawie z dnia 11 kwietnia 2023 r. (VII SA/Wa 2467/22)

The commentary concerns the judgment of the Voivodeship Administrative Court in Warsaw of 11 April 2023, in which the Court referred to the interpretation of the concept of a railway area. The Court’s position deviates from the standards of linguistic interpretation and the accepted practice of administrative authorities. Due to its significant relevance to the process of agreements made by the President of the Office of Rail Transport, the discussed judgment is important for the practice of administrative bodies involved in spatial planning and development. The commentary is critical in nature and considers that the Court, by applying inappropriate interpretive tools, deviated from a linguistic interpretation that was unjustified in the context of the previous case law and doctrinal views.

ANALYSIS OF THE ISSUES AND CURRENT FRAMEWORK IN THE ADMINISTRATION AND DEVELOPMENT OF NON-ADMINISTERED REAL ESTATE OF KAMPONG BHARU, KUALA LUMPUR, MALAYSIA

The unmanaged properties in Kampong Bharu, with over 60 billion immovable estates classified as frozen, are a pressing concern. Despite numerous proposed solutions, the current legal framework remains insufficient, and the challenge of addressing these unmanaged estates persists. Additionally, development planning in this area has been stalled with no resolution in sight up to the present day. This study analyses the issues and current framework in the administration and development of non-administered real estate in Kampong Bharu through a qualitative and descriptive cross-sectional analysis of governing statutes, reported cases, semi-structured interviews, surveys, and data from the respective administrative bodies. Several issues were identified, including the presence of multiple administrative bodies, uncertainty about the status of Malay Reservation Land, problems arising from multiple deaths, and challenges in enforcing the Land Acquisition Act 1960, highlighting the urgent need for more efficient legal administration and dispensation of justice.

Administrative proceedings vs. Tax proceedings

Tax proceedings are a separate type of administrative proceeding, which is conducted by tax authorities. It has the character of an authoritative, public-law concretization, a unilateral legal relationship in the field of tax law. The provisions governing the proceeding include both the Tax Ordinance and the Code of Administrative Procedure. The purpose of tax proceedings is to assess tax... Administrative proceedings are both a series of procedural actions, regulated by procedural law, taken by public administration bodies and other procedural entities to resolve an administrative matter in the form of an administrative decision, and a series of procedural actions taken to verify a previously issued administrative decision. Administrative procedure, also called formal administrative law, procedural administrative law or administrative procedure, is one of the three parts of administrative law.

Legal regulation of the provision of electronic services in the field of social protection of the population

The article is devoted to the analysis of the legislative consolidation of the provision of electronic services in the sphere of social protection of the population in Ukraine, taking into account the trends of reforming the institute of electronic services in the state. The current state of legal regulation of the provision of electronic services in the field of social protection of the population and directions for improvement of normative legal acts in the specified field have been studied. Summarizing the legal basis regulating the provision of electronic services in the field of social protection of the population, such acts can be classified by legal force (legislative, sub-legal) and by the content of the subject of regulation (determine general theoretical provisions and some aspects of an organizational nature; administrative jurisdictional activity of public administration bodies regarding provision of electronic services in the field of social protection of the population; guarantees of legality of the provision of electronic services in the field of social protection of the population). It has been established that today there is a significant number of normative legal acts that regulate certain aspects of the provision of electronic services in the field of social protection of the population. This is natural given the wide range of social relations subject to their regulation. Instead, for further systematized reform in this area, it is necessary to determine the general principles of organizational and legal regulation of the provision of electronic services in this area on the basis of a unified legislative act with the aim of a systematic approach to the elimination of legal gaps in the regulation of such an institution in view of the special legal position of subjects of public administration of providing electronic services in the field of social protection of the population.

On the sources for the history of the Roman Curia, 1860–70s

Studies on the history of the Papacy in the nineteenth century have traditionally focused on the activities of the Pontiffs. The role played by the Roman Curia, the administrative body of the Holy See, has long been either overlooked or regarded as a secondary subject. As the major events of most pontificates have been studied, and with the 2022 reform of the Roman Curia, historians have become increasingly interested in the functioning of this institution and the participation of its officials in the decision-making process. Consequently, the question of sources on the history of the Roman Curia is of great relevance. The author of the article, taking the case of documents from the 1860s–70s as an example, demonstrates that the study of the role of the Curia in the history of the Papacy requires recourse to letters and notes of cardinals, correspondence and diaries of their contemporaries, as well as diplomatic correspondence and press reports. These sources allow one to see a more complex picture of what was happening in the Roman Curia during the period of the Holy See’s adaptation to the new realities associated with secularisation, the tendency of states to revise the model of relations with the Catholic Church, and the Pontiff’s loss of temporal authority. The author points out that sources on the history of the Roman Curia are concentrated in the Vatican and Italy, but a number of unpublished materials on the role of the administrative body of the Holy See are preserved in the archives of other countries, including Russia.

Modernization of administrative services in Ukraine based on the approval of new principles of their provision

The article is devoted to the topic of introducing new approaches to the provision of administrative services in Ukraine based on the approval of new principles of their provision. It is noted that administrative services are the leading means of realizing the rights of citizens in the field of public administration, because the absolute majority of cases decided by public administration bodies are initiated by citizens themselves and concern their subjective rights. The Ukrainian state quite successfully coped with the challenges in the field of administrative services after the beginning of the full-scale invasion of the Russian Federation on February 24, 2022. At the current stage, the format of “state-citizen” and “state-business” relations must be modernized taking into account modern technologies, optimization of procedures and improvement of service quality . Of great importance in the process of providing administrative services is the focus on modern, objective principles of their provision determined by socio-economic and technological development. After all, today a widespread phenomenon is the “digitalization” of the process of providing administrative services, which involves the introduction of electronic document management, the creation of online platforms for receiving services, and the automation of administrative procedures. The Center for Political and Legal Reforms developed the “Strategy for the reform of administrative services and their digitalization”. From the analysis of the document, it follows that the principles of providing administrative services today need a doctrinal update in their interpretation. In particular, the system of principles of administrative services should be supplemented with such things as decentralization of powers, simplification of procedures for the provision of administrative services, formality, integration of basic services in the Central Administrative Service, compensability for the provision of administrative services, unification of the procedure for resolving administrative cases, development of electronic public services, proactivity of public administration in in the field of provision of administrative services, protection of personal data.

The role of procedure, proceeding and process in administrative and tort relations from the point of view of justice and the activity of public administration bodies

The article analyzes the application of the concepts of ‘procedure’, ‘proceedings’ and ‘process’ in administrative-offense relations with the aim of determining the feasibility of granting courts the authority to consider cases of administrative offenses. The concept of ‘administrative process’ is disclosed in three well-known key aspects, distinguishing its general and specific features. It is determined that the process and proceedings, in a broad sense (as the activity of state bodies in general), are correlated as general and specific. Aspects of the concept of ‘administrative proceedings’ are identified. It is established that proceedings are part of the process, which may be interrupted, change subjects, i.e., the process consists of several proceedings, being their totality. It is proposed to consider proceedings as a certain period of time allocated for the consideration of a specific case. Instead, the procedure is a set of norms and rules regulated by legislation for subjects of any legal order in the understanding of Article 19 of the Constitution of Ukraine and in the context of the new legislation on administrative procedure. The characteristics of administrative procedure are disclosed. It is concluded that the administrative process is universal for any set of proceedings of state bodies, and this concept does not affect further research on the issue of excluding the consideration of cases of administrative offenses from judicial competence. In turn, the introduction by the legislator of the term ‘administrative procedure’ excludes the possibility of equating its rules and norms with judicial proceedings. It is analyzed that judicial procedures are provided for by procedural codes but do not define the specifics of considering cases of administrative offenses. It is determined that the Code of Ukraine on Administrative Offenses does not meet the requirements for modern judicial procedures and is essentially more akin to a regulator of administrative procedure, which constituted the foundation of Soviet heritage. This dissonance is revealed through differences between judicial proceedings in the judicial process and the consideration of cases provided for in the Code of Ukraine on Administrative Offenses, including in decision forms, stages of consideration, etc. It is proposed to designate the consideration of cases of administrative offenses by the court as judicial proceedings and by other bodies as administrative procedure.

Пределы усмотрения органов местного самоуправления в случае отмены административного акта в сфере градостроительства

The publication reviews the definition of the limits of discretionary power of local self-government bodies in the field of urban construction in case of autonomous cancellation of administrative act, which was previously issued. It was recognized that in the practice of Constitutional Court of Russian Federation and Supreme Court of Russian Federation in 2022 legal positions were formulated, connected to defining the limits of discretionary power of public administration body in case of cancellation or changes introduced into administrative act autonomously in compliance with the concept of trust protection. Summary of judicial practice materials allowed to set the perception of legal positions, which were formulated by Russian senior courts, courts when assessing the limits of discretionary power in the event of autonomous cancellation by act in the field of urban construction previously issued.

Inheriting the royals: royal chartered bodies in Ireland after 1922

The establishment of the Irish Free State (Saorstát Éireann) in 1922 did not occur on a blank canvas. A slew of administrative bodies and agencies with pre-1922 origins now found themselves under a new jurisdiction, still familiar in some respects but alien in others. The Irish State Administration Database indicates that the functions performed by these pre-1922 bodies included the delivery of public services and regulatory oversight. The resilience of pre-1922 bodies arguably ensured a greater degree of day-to-day administrative continuity and stability after 1922 than may otherwise have been the case.This article focuses on a particular subset of these pre-1922 entities – royal chartered bodies – carried into Saorstát Éireann and beyond. Of special interest are the peculiar legal mechanisms through which these bodies were sustained in an altered constitutional landscape. The discontinuation of a pre-1922 royal prerogative to grant and amend royal charters presented legal conundrums for royal chartered bodies and the state. This was mitigated through a mixture of tailored public and private legislation of the Oireachtas. These dynamics are interrogated through the lenses of temporality and legal pluralism.

<i>Pāňcālī </i>— A Local Administrative Unit of Ancient Nepal (4<sup>th</sup> to 8<sup>th</sup> Century A.D.): An Inscriptional Overview

Licchavi kingdom was an ancient kingdom in Nepal, which existed in the Kathmandu Valley from approximately from ca. A.D. 300 to ca. 879. Centuries earlier at the start of the Buddhist era, a powerful republic known as Licchavi existed in what is today Bihar. It is to be mentioned here, some legendary sources from the Kathmandu Valley also describe the Kirātas as early rulers there, taken over from earlier Gopāls or Ᾱbhiras, both of whom may have been cow herding tribes. In the pre Lichhavi period a village administration existed in the valley of Nepal. In that village administration there were some local chief officials named <i>Brahmum, Shulham</i>, <i>Tepulam</i> who maintained law and orders of the villages. In the Ᾱdī- Nārāyaṇa temple Inscription of Nepal there are 18 functionaries in which <i>Brahmum, Shulham</i>, <i>Tepulam </i>are mentioned. These non sanskritic terms disappeared after sometime and replaced by sanskritic terms such as <i>svatalasvāmī</i> and later <i>dauvārika</i>, a post which endured permanently in Nepal village administration. In the period of Aṁśuvarmā we see a significant change occurred in the use of land and its administration by the ushering in of the <i>pāňcālīs. Pāňcālī</i> has been used in the sense of modern <i>Pāňcāyet.</i> In ancient Nepal <i>Pāňcālī</i> was a village administration and <i>Pāňcālīkā</i> is the member of the administrative body <i>Pāňcālī. </i>In this paper an attempt has been made to discuss about the meaning of the term <i>pāňcālī,</i> its characteristics, responsibilities and roles in Nepal administration.

К вопросу о судебной неустойке в административном судопроизводстве

The article is devoted to the problem of enforceability of judicial acts on public-law disputes, including those related to the imposition upon an administrative body or an official of the duty to exercise discretionary power. The author refers to the origins of this problem and comes to the conclusion that the measure of compulsion of administrative defendants to execute judicial acts should be indirect. Based on the analysis of available public law mechanisms of indirect coercion to the execution of a judicial act, the author points out that they either cannot be characterised as effective, or are disproportionate to the goal, and proposes a solution to the problem by introducing the mechanism of judicial forfeiture in the Code of Administrative Proceedings. The author notes that initially the legislator did not intend to extend it to cases of non-fulfillment of judicial acts on public law disputes, but the approach developed later in judicial practice, which allows the award of judicial forfeiture on certain public law disputes considered by arbitrazh courts, dictates the need to expand the scope of application of judicial forfeiture to cases of failure to fulfil any judicial decision on disputes arising from public legal relations, since there are no objective differences between them.

“Something There is That doesn’t Love a Wall”: Notes on the Limits of Risk-Based Boundary Norms in Clinical Social Work

ABSTRACT Boundaries are a practice of separating one thing from the other; to make clear where I end and where you begin. Establishing and enforcing clinical boundaries is taken for granted as a necessary foundation of therapeutic work by social work’s governing and administrative bodies. Upon interrogation, normative standards of ethical practice tend to serve broader populations and institutions by deputizing social workers to self-police, even as such boundary norms may fail to serve the individuals and relationships at the heart of clinical practice. As a collective of early-career clinical social workers, we have at times felt certain obligatory boundaries force us to choose between serving an institution and caring for an individual. We explore moments where tension between boundaries and care is felt in vignettes from our clinical work with queer, trans, and racial minority clients, and through our analysis of boundary-setting texts. Seeking to queer norms of boundary-making discourse, we explore the possibilities of resistance that empower clients and prioritize relationships.

Improving the system evaluating the quality of governance and effective use of budget funds

The purpose of the study is to create proposals and recommendations to improve the system evaluating the quality of governance and efficient use of budget funds in order to improve public welfare and sustainable development. The research methodology included application of statistical methods to review scientific articles, legislative acts and other documents, study models for evaluating the quality of governance and efficient use of budget funds. Mathematical modeling and forecasting methods were also used to assess aspects of governance and predict the results when changes are made, including building a trend model and determining the forecast values of accrued taxes and mandatory payments for 2024–2026. The conclusions highlight there is a positive correlation between the accrued taxes and mandatory payments to the budget of the Republic of Kazakhstan, and an economic growth and changes in tax legislation. The key factors influencing the quality of governance and efficient use of budget funds were identified. Recommendations were developed to improve the quality assessment system and governance of budget funds in order to increase efficiency and responsibility in financial management. The results of the study can be used by public administration bodies and financial institutions to optimize the governance of budget funds.