Administrative Decisions Research Articles

FORMATION AND DEVELOPMENT OF TOOLS TO ENSURE DRUG SAFETY OF MODERN SOCIETY: BASED ON THE EXPERIENCE OF THE UNITED NATIONS OFFICE ON DRUGS AND CRIME AND THE EUROPEAN MONITORING CENTER FOR DRUGS AND DRUG ADDICTION

The topicality of the article is due to the importance for building an anti-drug policy to counteract the spread of using narcotic drugs and psychotropic substances by the population or its individual groups for non-medical purposes both in Russia and in its individual regions and for making administartive decisions, the need to take into account the positive domestic and foreign experience of anti-drug activities. The authors note the importance of anti-drug activity as an integral component of ensuring the security of modern society; attention is drawn to the fact that drug addiction and narcotism are capable of reducing the population to a critical value in less than one generation of people, just like the most dangerous epidemics and pandemics. The results of the research are of interest to the subjects of the anti-drug policy of the region, for the development of administrative decisions to ensure its drug safety, organization and formation of anti-drug prevention based on accumulated experience.

Does the administrative approval reform impact firm's investment decisions?

By leveraging the quasi-natural experiment of the "Without the Need for a Second Trip" reform in Zhejiang province, China, in 2016, this paper examines the impact of government examination and approval reform on corporate investment decisions. We find that the firm's investment level has increased by about 2 times after the government examination and approval reform than that before the reform. The result remains after a series of robustness tests. Our evidence suggests that increased government efficiency has significantly increased the sensitivity of firm investment and investment opportunities. Further analysis shows that the government examination and approval reform has created a favorable business environment for firm investment, which reduces the information cost of firm investment and enhances the flexibility of corporate investment decision making.

Implementation Of The Contrarius Actus Principle In Revocation Of Land Certificate Without A Court

<em>Proof of ownership of land is a land certificate. Often in the issuance of land certificates, there are problems. Land certificates that have been issued usually cause problems and must be canceled. One of the causes of the revocation of land certificates is invalid data which contains administrative defects. The problem arises that often the Head of the Land Office is reluctant to cancel the land certificate and prefers the applicant for the revocation of the land certificate to file a lawsuit in court or through litigation. This was suggested by the Head of the Land Office because of his misunderstanding of the Contrarius Actus principle. The Contrarius Actus principle is a principle in administrative law where the State Administrative Officer who makes State Administrative Decisions is automatically authorized to change, replace, revoke and cancel the documents he has made. and juridical defects must be revoked by the Head of the Land Office without having to wait for a court decision if they have fulfilled the revocation requirements.</em>

Juridical Consequences of Expansion of the Object of the State Administrative Court Towards the Application of the General Principles of Good Governance in Indonesia

After the emergence of Law Number 30 of 2014 concerning Government Administration, there has been an expansion of the meaning of State Administrative Decrees. The expansion of this understanding is very necessary because the object of the State Administrative Court is becoming increasingly broad. However, the widening of the object does not necessarily guarantee that the state administration will run in line with the General Principles of Good Governance. This research was made with the aim of knowing the expansion of the meaning of State Administrative Decisions after the emergence of the Government Administration Law and good governance after the emergence of the Government Administration Law. The research method used is normative juridical with a statutory approach. Sources of data used are primary legal materials, secondary. It was analyzed qualitatively, and the existing data was obtained through literature study data collection methods. In this study, the results were obtained that there was indeed an expansion of the meaning of State Administrative Decrees after the emergence of Law Number 14 of 2014 concerning Government Administration. As well as the expansion of the meaning of the State Administrative Decree has a very close relationship with the realization of the General Principles of Good Governance. This principle has been used as a basis for the government to carry out its duties and has become a judicial test tool when assessing government actions.

Assessing Pre-primary Teachers’ Involvement in Decision Making in Tanzanian Public Pre-primary Schools: A Look of Implementation of Structured Play Activities in Longido and Monduli Districts

This study examines the extent to which school administrators involve pre-primary teachers in decision making related to implementation of structured play activities in Tanzanian government pre-primary schools where Longido and Monduli were used as study cases. Collegial Models of educational leadership and management developed by Tony Bush guided the study. The study adopted Convergent design of mixed methods approach. Sample of the study included 268 respondents where 34 were head teachers, 34 were academic teachers, 136 were internal school quality assurance team members, and 64 were pre-primary teachers who were obtained through stratification, purposive, and simple randomly respectively. Data were collected through structured questionnaire and semi-structured interview. Quantitative data were analysed descriptively and through inferential statistics while qualitative data were analysed thematically. Findings show that teachers’ involvement in school administrative decision making related to structured play activities is very low. Hypothesis testing shows existence of significant relationship between low level of teachers’ involvement in school administrative decision making and those teachers’ inadequate implementation of structured play activities in pre-primary classes. The study concludes that low level of implementing structured play activities by the pre-primary teachers is associated with low level of teachers’ involvement in school administrative decision making. The study recommends that administrators should involve pre-primary teachers in decision making so as to improve implementation of structured play activities.

Intracoronary versus intravenous glycoprotein IIb/IIIa inhibitors during primary percutaneous coronary intervention in patients with STEMI: a systematic review and meta-analysis

BackgroundIntracoronary (IC) administration of glycoprotein IIb/IIIa inhibitors (GPIs) has been studied as an adjunctive therapy to improve outcomes in patients with ST-segment elevation myocardial infarction (STEMI) undergoing percutaneous coronary intervention. In this systematic review and meta-analysis, we aimed to evaluate the efficacy and safety of IC administration of GPIs compared with those of intravenous (IV) administration in patients with STEMI.MethodsWe searched the MEDLINE, Embase, and Cochrane CENTRAL databases for relevant studies published before September 21, 2022. In total, 22 randomized controlled trials involving 7,699 patients were included.ResultsThe proportions of patients achieving thrombolysis in myocardial infarction grade 3 flow, myocardial blush grade 2/3, and complete ST-segment resolution were significantly higher in the IC group than in the IV group. Major adverse cardiac events (MACE) (RR: 0.54, 95% CI: 0.37–0.80) and heart failure (RR: 0.48, 95% CI: 0.25–0.91) within 1 month were significantly lower in the IC group than in the IV group; however, after 6 months, no difference was observed in MACE risk. Additionally, the risks of death and bleeding did not differ between the two routes of administration.ConclusionsWhen considering adjunctive GPI administration for patients with STEMI, the IC route may offer greater benefits than the IV route in terms of myocardial reperfusion and reduced occurrence of MACE and heart failure within 1 month. Nonetheless, when making decisions for IC administration of GPIs, the absence of a benefit for bleeding risk and difficulty accessing the administration route should be considered.

The Financial Appeal Bodies of the European Union: Nature and Future of the Appeal Panel of the Single Resolution Board

Abstract 936The three financial appeal bodies established in the EU (Board of Appeal of the European Supervisory Authorities, Administrative Board of Review of the SSM, and Appeal Panel of the Single Resolution Board) have certainly a number of advantages. Particularly, their technical expertise in matters of financial supervision and resolution makes them well placed to understand the intricacies, complexities and reactions of financial markets. The members of these bodies are individuals of high repute, with a proven record of relevant knowledge and professional experience and are not bound by any instructions, thereby acting independently and in the public interest. Yet, there are also drawbacks as the nature of these financial appeal bodies is hybrid, quasi-judicial, combining features from both advisory committees and courts of justice. Also, the legal regime applicable to these financial appeal bodies is both complex and not uniform. The rationale of the new European financial regulatory regime post GFC, which prompted the creation of the appeal bodies, resides in the primacy of financial stability and public interest considerations. Although there is no doubt that administrative decisions need to be motivated if they are to be reviewed, most of such decisions in the area of banking and finance are very complex and yet timing is crucial for them to be effective. On these grounds, legitimacy and accountability are of utmost importance for any democratic system to properly function; however, the more complex the activity, the more difficult it is to establish clear standards of conduct and specific outcomes.937

Two Challenges for Neo-Brandeisian Antitrust

Several scholars and policy-makers have proposed a “Neo-Brandeisian” reform of U.S. antitrust law, aimed at reviving “republican” antitrust. Republicanism conceives of domination as inherently detrimental to freedom. Republican antitrust considers antitrust law as an “institution of antipower,” aimed at dispersing economic power. This paper sets out two key challenges to the Neo-Brandeisian reform agenda and argues for legal formalism to address them. First, republicanism would alter the normative justification, but not necessarily the content of antitrust law. Neoclassical antitrust law does not broadly reflect a Schumpeterian endorsement of dominance. Rather, its epistemological priors and methodology entail skepticism about the mere presence of economic power. Thus, mainstream antitrust law and policy remain unfazed by the Neo-Brandeisian claim that antitrust should target domination instead of consumer welfare. Second, Neo-Brandeisian reform proposals are inherently polycentric. How Neo-Brandeisians aim to balance distinct values including the competitive process, the harm of concentrated power, and the protection of democracy and egalitarianism has remained unclear. This paper argues that both challenges demand for a formalistic approach to Neo-Brandeisian antitrust. Compared to a case-by-case approach, adopting general rules through legislative or administrative decision-making may legitimately overturn current precedent, incorporate alternate methods of measuring power and competitive harm, and pursue a variety of republican goals. Neo-Brandeisian formalism would essentially reinvigorate the Harvard school’s insight that multiple purposes—including both efficiency and republican liberty—can be attained by formalistic rules.

Cloud Computing for Decision Making within the Clinical Sector

Cities produce a significant quantity of land-use, ecological, economical, energy, and transportation data. An interdisciplinary approach to gathering and evaluating such massive amounts of data may provide a solution of the wide range educational, political, and regulatory, administration, and corporate decisions, as well as aid judgement in order to create a smarter ecosystem. This article proposes a cloud-based analytic service to provide an experimental and theoretical viewpoint on smart cities centered on large data gathering and evaluation. In order to showcase the effectiveness of an analytical service for large data mining, a prototype was created and constructed. Hadoop was used to develop the prototype, and the data were consistent. The tool examines the Bristol Open metadata for connections between a number of different urban ecological factors. The outcomes of experiments utilizing Hadoop are given in this article. The data catalogued was analyzed to evaluate the indicators distributed over decades to determine good and detrimental developments in standard of living, namely crimes, safety, economics, and unemployment.

Pharmacotherapy of Depressive Disorders in Conditions of Coronavirus Disease: Pharmacoeconomic Experimental Study

Purpose of the study was to conduct comprehensive pharmacoeconomic, clinical and pharmacological, marketing, documentary, normative and legal studies of pharmacotherapy of depressive disorders during global coronavirus pandemic. Pharmacoeconomic methods of analysis, in particular ABC/VEN analysis were used to select effective and safe drugs of pharmacotherapy of depression. According to the results of the ABC cost analysis, drugs for the pharmacotherapy of depression were distributed in descending order of their cost: group A (most expensive) includes drugs whose pharmacotherapy costs were equal to 81.76% of total costs; to group B (average cost) – 14.21%, and to group C (cheapest) – 4.03%. Group A included 10 INN drugs (including Citaloprame, Olanzapine, Fluvoxamine), the cost of one dose was 4956.5 UAH, which accounted for 81.76% of the total cost of pharmacotherapy for depression. Group B included four INNs (Sertraline, Escitaloprame, Mianserine, Sulpiride), the total cost of one dose of which was 861.3 UAH (14.21%). As part of group C – four INN (Doxepine, Lithium, Fluoxetine, Amitriptyline), the cost – 244.54 UAH per dose (4.03%). According to VEN analysis, it was experimentally proven that the highest costs of pharmacotherapy of depression were 77.7% for drugs of category V (vital) and 22.3% for drugs of category E (essential). During the VEN analysis it was found that fourteen INN drugs are included in category V (Vital). Category E includes four INNs. No INNs were included into category N (Non-Essential). The obtained results made it possible to make administrative and managerial decisions in determining the pharmacotherapy of patients with depressive disorders.

УКРАЇНСЬКИЙ ФОНДОВИЙ РИНОК: РЕАЛІЇ СЬОГОДЕННЯ

Important on the modern stage of development the economy of Ukraine of creation of favorable terms and new possibilities of fund market functioning for the sake of providing of national economy transformation, withstand development of international relations and integration of Ukraine in world space. Exactly success of fund market development leads to the necessity of realization of concrete measures in relation to the increase of liquidity, capitalization, transparency and strengthening of control for activity of fund market from the side of the state, forming of purposeful state strategy of fund market, upgrading the grant of services and service of customers, popularity and trust of citizens to the development of fund market and all like that. A research aim is an analysis of fund market development and prognostication of measures for an improvement and activation of its activity in the direction of professional preparation of specialists for work at the fund market. The methodological basis of research became methods of dialectics, methods and principles of scientific cognition, instruments of economic analysis with aim to forming of certain methodologies of analysis and evaluation of activity of fund market, that allow to accept correct administrative decisions in a post-war period of proceeding in the country economy. The basic hypothesis of research is supposition, that take in attention the instruments of fund market development improved and existent in foreign practice, will allow to improve and extend the sphere of activity of fund market, and start of the new educational programs of preparation the specialists for a fund market and it will promote professionalism of participants and culture of investing in a population. Exposition of basic material of research. It is well-proven that is existing a row of problems that restrain development and effective functioning of the Ukrainian fund market, in particular unstable economic situation in a country, insufficient transparency of market and low level internals of services that is given by certain exchange stocks, insufficient legislative adjusting and others like that. Therefore potential of fund market practically is not used. Reasonable necessity to carry out certain measures in relation to the normal functioning of fund market like activation of functioning of story level of the pension system, bank to the sector, increase of financial education of population and general culture of participants in relation to the self-weighted bringing in investments to the market, bringing of international partners, forming of the new legal mechanisms orientated on European and world effective in general lines norms and rules of fund market functioning. Originality and practical meaningfulness of research are confirmed by the offered directions of improvement of fund market activity and ground of the necessary educational programs of preparation the specialists for it. Conclusions and prospects of further researches. The conducted research allowed to establish, that to basic directions of modernization and fund market development it is possible to take the increase of efficiency of adjusting the activity of issuers of fund market, introduction of new tool at the fund market; stimulation of coming of investments is to the fund market; providing of the reliable and effective functioning of fund market infrastructure; realization of effective public policy of improvement of investment climate. Further researches will be sent to original educational program development in relation to expansion of limits of specialty «Finances, banking and insurance» to the level «Finances, banking, insurance and fund market».

PRECAUTIONARY SUSPENSION FROM PRACTICING THE PUBLIC OFFICE DURING THE INVESTIGATION WITH THE PUBLIC EMPLOYEE

Administrative decisions are considered legal actions and actions that the administration resorts to and relies upon in carrying out its work and activities in all fields, if the conditions and validity of the procedure for this decision issued by the administration are met. The research on this subject necessitated that we show the importance of the precautionary endowment and clarify its effects on the employee and on his career and social future in all its aspects and aspects. As it has become known that the suspension of work، whether it is a precautionary endowment, a mandatory endowment, or a punitive endowment as a result of the issuance of a disciplinary decision or judgment، is only imposed on a public employee، whether in the broad sense according to the criminal law، or in the narrow sense according to the administrative law. Since the study of the subject of the precautionary suspension of the public employee from work requires that we define the concept of the public employee subject to the provisions of the endowment within the applicable civil service laws, we find that the legal nature of the precautionary endowment or the cessation of work، according to which the management authority authorizes the right to remove the employee or stop his hand from work. Working on a temporary basis from the exercise of his job pending a disciplinary or criminal decision, and the judicial oversight is carried out on the administrative decision issued by the management body during the exercise of its function. The judiciary enjoys independence and immunity, and judicial oversight is a basic guarantee for the employee who is being held in custody The precautionary suspension is a legal procedure intended to temporarily remove the accused employee from his work, i.e., temporarily drop his job by suspending him from work and exercising the functions of a job if the interest of the investigation so requires

The effectiveness of institutional communication management via the Internet in enhancing organizational culture: A study of a sample of users of the websites of Arab institutions and companies in Baghdad

Organizational culture in the management of any institution, company, or organization provides a clear way to understand how things are done; also, at the same time, it provides stability for these institutions as well as standards that guide and direct behavior in them. This is especially true when institutional communication is electronic, by using the Internet. Therefore, this study, with a strong focus on the users of the institutions and companies' websites, seeks to evaluate the level of effectiveness of electronic management of institutional communication in Arab institutions and companies, of all kinds, in enhancing the organizational culture of these users, whether internal users who work in them, or external users who benefit from the services provided by these institutions and companies through their websites. Accordingly, this study, with its methodological, theoretical, and field-based frameworks, aims to test the relationship between the level of effectiveness of institutional communication management for Arab institutions and companies via the Internet and the extent to which it enhances the elements of organizational culture for internal and external audience. It also serves as an optimistic attempt to prove the validity of the hypothesis that the electronic management of institutional communication gives the internal audience the opportunity of taking an administrative decision, in contrast to the traditional management of institutional communication. Thus, this study seeks to answer the main question: Have the methods of organizational culture changed due to the electronic management of institutional communication in Arab institutions and companies from the point of view of their audience? This study belongs to descriptive research that describes the phenomenon in its current state and aims to portray, analyze, and evaluate the characteristics of a particular group. Therefore, the best approach for this type of study is the survey method, both field and descriptive, by selecting a sample of users of the websites of companies and institutions, whether from their internal or external audience, as the size of the selected sample is 150 respondents, equally 75 respondents for the internal audience and 75 for the external audience. The study will use a main tool in collecting data and information for research, which is a questionnaire in two parts, one for internal audience questions and the second for external audience questions. Keywords: Institutional communication, organizational culture, management

Judicialization of the Administrative Process? A Study on the Role of Natural Justice Principles in the Public Administration of Sri Lanka

Studies on the role of administrative law in the realization of the public policy of a country has been the subject for numerous studies, but rarely has it been observed through the prism of natural justice. Therefore, the present study aims to address this dearth in research by focusing on the role principles of natural justice can play in the exercise of discretion by public administrators, the agents whose work helps realize the public policy of a country. To achieve this objective, this study has conducted a review of the major administrative law cases that were decided in Sri Lanka along with the local and international literature that relates to this subject. Thus, this study argues that there is a discernable hesitancy in the early administrative law decisions to recognize the role natural justice principles can play when safeguarding the rights of the public from the abuse of discretionary powers by the administrators. However, a more receptive attitude towards recognizing the role of natural justice in public administration could be observed towards the late twentieth century in Sri Lanka, a shift that is probably brought forth by the changing welfarist policies and socio-economical instabilities in the country. Therefore, this study contends that the role natural justice principles can play when curving the discretionary powers of the administrative authorities has now been well established in Sri Lanka, creating a legal tradition that continues to gain prominence within the country’s public policy developments. However, this study also has identified some criticisms that can be levelled against the incorporation of natural justice principles in the public administration of Sri Lanka which in turn may prevent the general public from reaping the full benefits of those progressive changes that continue to take place.

THE PASSAGE OF TIME AND GUARANTEES OF COMPLIANCE WITH PROCEDURAL STANDARDS IN THE GENERAL ADMINISTRATIVE PROCEDURE

The issue of the passage of time and its impact on an administrative act is extremely important for administrative law. This issue is related to the durability of an administrative decision, which a public administration defines the rights and obligations of individual entities in specific cases. In the doctrine of administrative law, the concept of correct decision is adopted as a decision that meets all the conditions required by law, including that it was issued in compliance with procedural standards. Compliance with the rules of procedural law is guaranteed by the institution of reopening administrative proceedings, the structure of which is based on procedural and substantive deadlines. Procedural deadlines, which determine the possibility of initiating the proceedings itself, and substantive deadlines, which condition the elimination from the legal market of a final decision issued in violation of procedural law norms. The article presents the problems of the indicated terms and problems related to them.

News and Perspectives of Public Law

Since the earliest classic division of law into public law and private law, envisioned by the 3rd century Roman legal expert Ulpian, interdisciplinarity as a fundamental feature of the law has currently become noteworthy. The recent exceptional pandemic situation that we have faced, which can easily be regarded as “crisis,” has revealed once more that reference to society can only be made by resorting not only to law but also to ethics and morals. Public authorities have often found themselves in the position of making administrative decisions for the population, objected by the great majority, as fundamental rights have been restricted for short periods of time. This paper addresses a current topic of interest, namely Considering interdisciplinarity, can we speak nowadays of a new public law? If so, what should we do with the old law? Should we discard it or rebuild it? These questions are answered herein by using research methods specific to law, in order to emphasise the conclusions according to which the measures for good administration carried out by public authorities must express both the letter of the law and the spirit of the law, taking the general interests of society into account. Keywords: Public law; Public Interest; European Ombudsman; Maladministration; The Venice Commission.

An assessment of effectiveness of the so-called small amendment to the act Construction Law of February 20, 2015 in the terms of simplification of administrative procedures related to the construction of a single-family residential building

The article attempts to analyze the effectiveness of the so-called "Minor amendment" to the Construction Law of February 20, 2015 in the field of simplification of administrative procedures related to the construction of a single-family residential building. On the basis of the results of surveys conducted among individual investors in the Tuszcz commune (Mazowieckie Voivodeship, Woomin County), the advantages and disadvantages of the simplified administrative procedure proposed by the legislator, i.e. construction measurement notification, were determined. The reasons for which this solution is still not competitive in relation to obtaining an administrative decision, which is a building permit, were also indicated.

The Right to a Court in Cases of Administrative Liability of a Penal Character in the Field of the Protection of Financial Markets and Competition in German, French and English Law

Abstract The right to a court (right to a fair trial) is regarded as a foundation of the rule of law. With regard to liability for offenses which do not belong to the so-called core of criminal law, the European Court of Human Rights has accepted the adjudication on this liability by an administrative authority. However, the requirement of compliance with Article 6 (1) of the European Convention on Human Rights is designed to ensure full judicial review of the administrative authority’s decision(s). The aim of the article is to examine whether and how the solutions adopted in German, French and English law meet the standards in relation to administrative liability of a penal character. This study will concentrate on the character of the administrative authorities’ decisions regarding such liability and the scope of judicial review of such administrative decisions in the field of the protection of financial markets and competition.

Spatial Patterns of Recent Ukrainian Refugees in Germany: Administrative Dispersal and Existing Ethnic Networks

Since the beginning of the Russian invasion of Ukraine on February 24, 2022, many people have fled the war and left their home country. By the end of January 2023, more than one million Ukrainian refugees had been registered in Germany alone. In contrast to refugees from other countries of origin in Germany, Ukrainian citizens can choose their place of residence if they have either found private accommodation with family members or friends or do not claim state support. However, little information exists on where within Germany Ukrainian refugees have moved and why certain regions are potentially more attractive than others. There exists a substantial literature on the location choices of migrants in general, showing that the existing level of immigrant concentration is an important determinant, while economic factors have a smaller effect – if not in the initial location choice after immigration, then at least in later location decisions. Whereas these studies mainly focus on labour migrants, research on refugees’ location choices is still scarce, because refugees are usually assigned to specific places of residence by the authorities in many European countries. In the context of forced migration, spatial patterns may therefore largely be related to administrative decisions. In this paper, we aim to answer the question of the settlement patterns of recently arrived refugees from Ukraine in Germany by using current data from the Central Register of Foreigners. These patterns are modelled on the NUTS-3 level and consider the proportion of previous Ukrainian migrants living within those regions as well as additional economic, demographic, and geographical factors. Spatial regression models show that, on the one hand, Ukrainian refugees indeed settle where the number of Ukrainians is already high. The empirical analyses also indicate a correlation between the spatial patterns of refugees in general and Ukrainian refugees, suggesting that dispersal policies may play a role in explaining settlement patterns. Furthermore, affordable housing and lower rents are important explanatory variables.

Accelerated drug approval: Meeting the ethical yardstick.

Drugs addressing unmet medical needs can change the lives of millions. Developing and validating new drugs can, however, take many years. To streamline the assessment of new drugs, regulatory agencies have long established shortened review pathways. Among these programs, Accelerated Approval (AA) has recently come under scrutiny due to the U.S. Food and Drug Administration's decision to authorize Aducanumab, the first Alzheimer's disease drug. This decision attracted fierce criticism due to the allegedly insufficient evidence about the safety and efficacy of the drug. While considerable scholarly attention has been devoted to this case, the ethical aspects of the AA regulatory pathway have so far remained relatively unexplored. In this paper, we set out to fill this gap. We illustrate six conditions that should be met for AA to be ethically acceptable: moral solicitude, evidence, risk mitigation, impartiality, sustainability, and transparency. We discuss such conditions and suggest practical steps to implement them in regulatory and oversight processes. Taken together, our six conditions represent a benchmark for assessing the ethical validity of AA processes and decisions.