Administrative Justice System Research Articles

Idea oraz istota kontroli sądowoadministracyjnej (zagadnienia wybrane)

The article discusses selected issues regarding court-administrative control. The Polish perspective has been chosen as a reference point for the deliberations. The main problem is the concept of court-administrative control. It seems that this category determines the functioning of the administrative justice system. The essence of court-administrative control was presented based on Polish regulations: the Constitution of the Republic of Poland, the Law on the System of Administrative Courts and the Law on Proceedings before Administrative Courts. The essay also presents the idea of court-administrative control – also from a comparative perspective, with reference to the German and French models. The principle of separation of powers has become a critical point of reference. It turned out that it does not contradict the presented understanding of the concept of court-administrative control. The approach to control was compared with possible models of adjudication: cassatory and reformatory adjudication. Thinking about a certain idea of administrative justice, this is probably the most basic determinant of the role and functions of this branch of the justice system. The right to a court – its understanding and possible scope – is also important for the conducted considerations.

MAIN TRENDS AND PROSPECTS FOR IMPROVING THE ADMINISTRATIVE JUDICIAL SYSTEM

The article is devoted to the analysis of the judicial system reform in the Republic of Uzbekistan, with a focus on the establishment and development of administrative courts. It describes the necessity of changes driven by democratic transformations and state modernization. The article provides data on judicial practice, highlighting the significance of administrative courts in protecting the rights and freedoms of citizens, as well as the interests of legal entities. Issues related to the jurisdiction of administrative cases and the territorial accessibility of courts are analyzed. The article examines international experience in the functioning of administrative courts, serving as a basis for proposals to further improve the administrative justice system in Uzbekistan. The importance of optimizing the activities of administrative courts is emphasized to ensure the rule of law and protect citizens' rights in the context of New Uzbekistan.

An Interpretative Phenomenological Analysis of Residence Permit Appeals at the Administrative Courts of Finland: Acquiescence Bias by Legalised Judicial Injustices in Finland

Arctic law and politics are heavily focused on citizens and their welfare. In recent times, migration has led to an increase in immigrants to the Arctic region, expanding discussions on diversity, equality, and inclusion. This article analyses immigrant experiences of the wheels of justice when appealing extended-residence decisions in Finland. There has been research on residence applications but there is no previous research on appealing residence decisions in Finland. Using interpretative phenomenological analysis (IPA), the article analyses four Africans’ experiences of (in)justice during residence permit decision appeals lodged through the administrative courts in Finland 2011–2020. The article uses the Renault concept to argue and underscore the experiences of injustice and to underscore the gathered, analysed emerging themes and the patterns observed in the handling of the residence permit appeal cases from a legal and political perspective. The information was gathered through in-depth interviews using open-ended, structured questions, and the analysis of personal text and information was collated using MAXQDA software. The article highlights the incidences of human rights violations, injustice, mental health and well-being issues, inadequate information and distrust of the administrative justice system, and the risk that this poses to Arctic law and politics as right-wing politics are on the rise.

The Regulation of Legal Protection for Poor Communities Toward Justice in Indonesia and the Netherlands

Poor people often have difficulty accessing legal aid in court. In the criminal, civil, and state administrative justice systems, providing legal assistance to the poor is essential for achieving justice. This research aims to illustrate how legal aid, provided by advocates, can transform the reality of justice for impoverished individuals. This study uses normative legal research, providing a descriptive account through a legal framework encompassing legal aid, the judiciary, judicial authority, and advocates. The research also uses a conceptual approach to human rights and justice, aiming to establish an ideal model of legal protection for people experiencing poverty. The research results demonstrate that providing legal assistance to people experiencing poverty not only shields the community from arbitrary actions by the authorities that violate the law but also fosters order and peace, ensuring the community receives justice. However, in Indonesia, establishing criteria for the impoverished remains challenging; structurally, the institutional budget is insufficient; culturally, the impoverished often harbor misconceptions and skepticism about the quality and affordability of legal aid. Meanwhile, in the Netherlands, providing legal protection is carried out through legal assistance, with the consideration of offering toevoeging and consideration of legal assistance based on people's salaries. Based on the number of cases for which assistance is provided, the results and public awareness are much better, although not optimal. The concept of providing legal aid must also be directed towards a responsive and structural type, combined with the concept of access to law and justice. Budgetary policies or rules must be regulated concretely and balanced from the individual validation stage, selecting the type of service and appointing a lawyer for evaluation.

Legal Basis for the Application of the Principles of Legality and Justice in the System of Administrative Proceedings of the Republic of Kazakhstan

Abstract The purpose of the work is to study the principles of legality and justice in the practice of administrative proceedings of the Republic of Kazakhstan. For this, methods such as system and comparative analysis, logical analysis, deduction, induction, and formal-legal methods were used. During the implementation of the study, the significance, and role of legal principles in administrative justice in the Republic of Kazakhstan were investigated. After analysing the model of the transition of the countries of the former USSR to the system of administrative justice and the specifics of its implementation in Kazakhstan, it was concluded that the principles of legality and justice are legally fixed in the Administrative Procedure Code of the Republic of Kazakhstan. This article analyses the studies of both Kazakhstani and foreign scientists concerning the application of laws and principles in administrative proceedings. In addition, some aspects of improving the system of administrative justice in the context of legislative regulation of the application of legal principles are considered. The practical value of the results obtained is to provide recommendations that will have an impact on the activities of the administrative justice system of Kazakhstan and will allow it to be implemented more efficiently.

Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

Transforming Administrative Justice Insights Indonesian State Dispute Resolution

This study examines the role of administrative remedies in resolving state administrative disputes in Indonesia, particularly in light of Supreme Court Regulation No. 6 of 2018. It investigates the legal obligations and procedural mechanisms governing the utilization of administrative remedies, with a focus on disputes involving Civil Servants (ASN). Utilizing a juridical-normative approach, the research underscores the importance of exhausting administrative remedies before resorting to judicial measures, highlighting the potential consequences of failing to do so. Findings indicate that administrative remedies play a crucial role in safeguarding citizens' legal rights, while judicial authorities retain discretion to dismiss cases lacking administrative recourse. The study underscores the need for adherence to procedural requirements and administrative lawfulness, offering insights for legal practitioners, policymakers, and judicial authorities to enhance the administrative justice system in Indonesia. Highlights: Exhausting administrative remedies crucial for procedural fairness in state disputes. Judicial discretion vital; dismissal possible without exhausting administrative remedies. Legal practice and policy must prioritize procedural compliance and enhancement. Keywords: Administrative Remedies, State Administrative Disputes, Legal Obligations, Procedural Mechanisms

The Dynamics of the Elements of Abuse of Authority in the Authority of the Administrative Court After the Enactment of the Latest Job Creation Law

<p class="TableParagraph"><em>Abuse of authority as part of testing the discretionary authority of the State Administrative Court has changed with the presence of Law No. 6 of 2023 concerning Job Creation. Changes can be seen in Article 175 number 2 of the UUCK which expands discretion by eliminating the requirement that it is contrary to the law. However, Law No. 30 of 2014 also does not emphasize the definition of authority testing, thus creating problems, namely the blurring of the parameters of discretion testing by the State Administrative Court Judges. The author also conducts a comparative study with France to find trends in global solutions in solving problems. This research uses normative legal research methods that analyze applicable laws and regulations accompanied by literature studies in the form of books, journals, and other literature. The dynamics of the elements of Abuse of Authority from the UUAP to the birth of the existence of the UUCK has brought the consequences of a paradigmatic shift in the concept of discretion, which was originally limited to be freed because of the elimination of the requirement not to conflict with the provisions of the legislation. However, considering that discretion is actually only the (free) authority possessed by a State Administrative Officer to make a decision and/or take an action, the decision and/or action as a manifestation of the discretionary authority is still bound by the provisions of Article 52 of the UUAP regarding the legal requirements of a decision. The State Administrative Justice System in France and Indonesia has a difference that lies in the phrase used, in France using the term abuse of power, or what is called detournement de pouvoir. This reason is used if an official in issuing an administrative decision deliberately uses his/her authority for purposes that deviate from the original purpose/intention, in contrast to Indonesia which defines abuse of authority more complexly as a form of exceeding authority, mixing authority, and arbitrariness.</em></p>

Cassation complaint - a remedy in the administrative justice system from the perspective of the dispositional principle

The paper deals with the cassation complaint as one of the remedies in the administrative justice system from the perspective of the dispositional principle, which is the driving force of administrative court proceedings. However, the application of the dispositional principle in cassation complaint proceedings is limited compared to proceedings before an administrative court. Such limitations arise from the nature of cassation proceedings. The paper will focus on the provisions of the Administrative Procedure Code governing cassation complaints, to what extent they limit the principle of disposition, and whether such a limitation is justified.

Philosophical, Juridical, and Historical Review of TUN Dispute Resolution Including State Civil Officer Disputes Post Administrative Efforts

This research aims to determine and analyze the philosophical, juridical, and historical review of State Administrative Court (PTUN) dispute resolution, including state civil officer disputes after administrative efforts. The method used in this research is normative-empirical legal research with a statutory approach, conceptual approach, case approach, and sociological approach. With the concept of Administrative Efforts, there is a legal problem, namely the disharmony in the regulation of administrative efforts as regulated in Article 48 of Act Number 5 of 1986 with those regulated in Articles 75 to Article 78 of Act Number 30 of 2014 and the Circular Letter of the Supreme Court Republic of Indonesia Number 1 of 2017 letter E number 3 and Supreme Court Regulation Number 6 of 2018. Based on the results of the research, combining State Administrative (TUN) dispute resolution after Administrative Efforts based on Act No. 5 of 1986 and Act Number 30 of 2014, a judicial system has been implicitly formed. The integrated administrative justice system is perfect because all TUN and/or Government Administration dispute resolution is first through administrative efforts. The regulation of administrative efforts in Act No. 5/1986 and the regulation of administrative efforts in Act No. 30 2014 cover each other and complement each other, with Administrative Efforts as a premium remedium and PTUN institutions as the ultimum remedium.

Access to Czech Administrative Courts – Bottlenecks in Access to Justice

The right of access to a court is subject to certain limitations. While a number of these limitations may be created deliberately, in line with the function of the administrative justice system (e.g. restrictions on review by the higher courts, others may be more or less unintended consequences of the design of the administrative justice system (or application of relevant rules or case law). The article attempts to present possible forms of these limitations and tries to outline some of the main “bottlenecks” in the access to judicial protection in the context of Czech administrative justice. These limitations can be regarded mainly as formal and informal, and their recognition can result in increasing the efficiency of the functioning of judicial protection, in particular by simplifying procedural regulation in relation to the ongoing societal and technical changes.

E-justice in Administrative Process: European Standards and Foreign Experience

One of the key aspects of the development of electronic administrative justice in Ukraine is its compliance with European standards, which define important principles, methods, and recommendations aimed at ensuring the efficiency, accessibility, and quality of judicial activities in a digital environment. That is why the purpose of this article is to analyze European standards and foreign experience in the field of electronic administrative justice and the possibility of their implementation in national legislation. The conduct of this research is extremely important and relevant, as it will help to adapt the Ukrainian judicial system to international standards and norms. The methodological basis of the research is a set of general scientific and special methods of cognition, namely the methods of dialectics, comparative law, system-structural, formal-logical, etc. As a result of the analysis, it was concluded that significant attention should be paid to the protection of personal data, confidentiality, information security, as well as ensuring access to justice, impartiality, independence of judges, and justice. The article also highlights the experience of implementing information and telecommunications technologies in the system of administrative justice in such European Union member states as Estonia, Lithuania, and Austria, as well as Korea and China. It is noted that in these countries, electronic justice has become an important part of justice, and in view of this, the key aspects of their experience that can be useful for Ukraine are revealed. In addition, a comparative analysis of foreign and domestic experience in the functioning of electronic justice was carried out and the main reasons that slow down its development in Ukraine were identified. It has been proven that the involvement of advanced experience and best practices of foreign countries will significantly contribute to the successful implementation of electronic administrative justice in Ukraine. At the same time, it is important to take into account the unique context, capabilities, and needs of the national judicial system.

The purpose of administrative proceedings: protection against violations by public authorities or ensuring the correct application of law by them

The pertinence of the matter of correct understanding of the purpose of administrative proceedings in Ukraine is caused by the fact that the trends in the development of the practice of interpretation and application of the Ukrainian legislation on administrative litigation, as well as the shifts in scientific studies of the principles and rules of administrative proceedings, indicate that there are fundamental discrepancies in the understanding of the purpose of administrative proceedings among the scientific community and administrative courts, which lead to the distortion of the outcomes of the functioning of the administrative justice system in the practical dimension. The purpose of the article is to determine the purpose of administrative proceedings in the light of its nature and social purpose. The dialectical method of scientific research was used, making it possible to consider the purpose of administrative proceedings in view of its continuous development in the theory and practice of administrative litigation in its unity and contradictions. The author as well resorted to normative-dogmatic method, serving as a tool for understanding the purpose of administrative proceedings in accordance with its legislative definition. As a result of the study it was determined that the point of view, according to which the activity of administrative courts should be directed not only towards the protection of the rights and legitimate interests of natural and legal persons in the public law domain from violations by public authorities, but also towards the judicial review of proper satisfaction of the public interest in the activities of public authorities with regard to the performance of the public powers entrusted to them, by establishing the comprehensive truth within the framework of the case and by ensuring lawfulness in disputed legal relations through the correct definition of the rights and obligations of their participants. Moreover, the author maintains that by collecting information and documents to determine those decision, action or inaction of the public authority, which should have been made (committed) outside the context of protecting the rights and legitimate interests of the relevant private individuals, the administrative court takes over the governmental executive functions of the public authorities, protecting the relevant public interest and becoming part of the executive branch of power. It was, furthermore, noted that even an administrative lawsuit filed by a public authority against natural or legal person is not deemed to be a way to protect the rights and interests of the respective public authority, as the administrative justice has a different task.

Implementasi Bantuan Hukum Litigasi dan Non Litigasi Melalui Lembaga Bantuan Hukum Universitas Lancang Kuning

Legal aid is a constitutional right for every citizen to ensure protection and equality before the law, as an effort to recognize Human Rights (HAM). Receiving legal aid is a manifestation of access to justice, which is the implementation of guarantees of legal protection and equality before the law. This principle is in line with the concept of legal aid which is related to the ideals of a welfare state. Legal aid also plays a significant role in the Criminal Justice System and the State Administrative Justice System as an integral part of protecting human rights for every individual, including the right to legal aid. This right is considered a very important right for every citizen, especially in the context of legal proceedings, especially criminal law and state administrative law, where the defendant cannot defend himself. The government has provided free legal aid for underprivileged people, but many are still not aware of this, causing them to feel that they are not supported by the government. This article details the realization of legal assistance related to both litigation and non-litigation cases related to the Lancang Kuning University Legal Aid Institute.

Kewenangan Dan Penyelesaian Sengketa Peradilan Tata Usaha Negara (Perbandingan Indonesia Dan Korea Selatan)

This article aims to examine the comparison of authority and dispute resolution of the State Administrative Courts of Indonesia and South Korea. The method used is a statutory statue and comparative approach. This study shows that the Indonesian and Korean state administrative justice systems have the same deadline for filing lawsuits, administrative and judicial efforts, and active judges; and there are also differences regarding the types of lawsuits, the existence of the State Administrative Court, who are the officials in the court, the number of judges authorized to hear and to whom the appeal is addressed.

Procedural Forms of Protection of the Right to Entrepreneurship in Administrative Courts: Problems of a Scientific Approach

The topicality is due to the active development of the system of administrative proceedings and at the same time the need to take into account the specifics of the mentioned cases (increased requirements for the promptness of the case review; the accuracy of the definition of individual elements of procedural forms; the need for the administrative court to apply special knowledge in the field of economics). The purpose of the article is to reveal a scientific approach to the development of procedural forms of protection of the right to entrepreneurship in administrative courts, to determine, on the basis of this, the vectors of further development of procedural forms of protection of the specified right. Achieving the outlined goal became possible thanks to the use of a complex of methods of both general scientific and specifically legal nature. Thus, with the use of the formal-dogmatic method, the content of the applied concepts and categories was clarified, including such concepts as "proceedings", "administrative proceedings", "procedural form". The dialectical method made it possible to take into account the general principles of the development of the administrative justice system. On the basis of the combination of this method and the method of synthesis, the current problems of the studied procedural forms are summarized. These and other research methods are applied taking into account the requirements of scientific objectivity. The problem of the ratio of the ratio of the specific procedures for consideration of certain categories of administrative cases and the general forms of legal proceedings is revealed from the standpoint of the dichotomy of the legal nature of the activity of the administrative court (declarative and interventional). Accordingly, the contentiousness of the issue regarding the possibility of calling such specific procedures procedural forms of review and resolution by the administrative court of the considered category of cases was determined. Based on the results of the research, conclusions were formulated and recommendations were made regarding the development of a generalized concept of "procedural form", which would combine the common features of general legal proceedings and simplified legal proceedings in this category of cases. This will make it possible to conduct a further study of the specified common features using a single legal construction.

Causes of judicial errors in administrative jurisdiction

The paper examines the causes of judicial errors in administrative proceedings. It has been established that a judicial error in administrative proceedings is the result of judicial activity, which indicates the inability of the judiciary to effectively protect the rights, freedoms and interests of individuals, rights and interests of legal entities from violations by subjects of authority. A judicial error is recognized as an error regardless of the presence or absence of the fault of a particular judge who made a decision with an error made in it. The subject of the error, most often, makes it as a result of carelessness, self-confidence, unintentional actions, accidental error, etc. If a judge commits deliberate actions aimed at distorting the fundamental principles of administrative proceedings and grossly violating the rights, freedoms and interests of individuals or the rights and interests of legal entities, then he commits not a judicial error, but a criminal offense. Judicial errors are a serious obstacle to the effective functioning of the administrative justice system, as they provoke the occurrence of a number of consequences: loss of trust, resource costs, psychological losses. Judicial errors in administrative proceedings have a negative impact on the legal awareness of citizens, their psychological state, undermine the authority of the state in general and judicial bodies in particular, provoke significant financial and time costs, etc. In order to cope with the problem of judicial errors in administrative proceedings, the domestic justice system should strive to: eliminate defects in material and procedural legislation; reducing the workload of judges of administrative courts; bringing the number of judges and court staff to their regular number, etc.

Європейський досвід розгляду та вирішення виборчих спорів в порядку адміністративної юстиції

The research is devoted to the study of the European experience of hearing and resolving electoral disputes in the administrative justice system. The availability of a national system of effective consideration of disputes concerning legal relations related to the election or referendum process is one of the basic guarantees of free and fair elections. Ukraine is a state that is integrating into the European legal space, thus the European system of standards is of key importance. It is pointed out that the electoral law of most European countries provides for two ways of hearing electoral disputes: administrative and judicial. The administrative method of electoral dispute resolution provides for the possibility of itsconsideration by various bodies, depending on the elections concerning which dispute arises (parliamentary, provincial, municipal). The judicial procedure for consideration of electoral disputes in foreign countries also has a number of peculiarities. The author describes the experience of such countries as Sweden, Norway, Denmark, Finland, Germany, and France. The advantages and disadvantages of administrative and judicial methods of electoral dispute resolution in European countries are analyzed. It is pointed out that despite the positions according to which preference is given to election commissions consisting of highly qualified specialists, the current state of affairs in Ukraine does not allow to remove election disputes from the jurisdiction of administrative courts. This requires that election commissions be composed of independent, impartial, professional members, and the practice of conducting elections in Ukraine shows quite opposite situation. Nevertheless, in general, the procedural legislation of Ukraine regulating the procedure and terms for appealing electoral violations and consideration of cases of this category by administrative courts in most aspects complies with established European standards.

Restoration of administrative justice in the French occupation zone of Germany and the western sectors of Berlin after 1945: historical and legal aspects

The article is devoted to the problem of restoring administrative justice in the French occupation zone of Germany and the western sectors of Berlin after 1945. In each of the four occupation zones, this process took place with its own characteristics. But in each case, the restoration of administrative justice in various occupation zones was facilitated by previous historical and legal experience. Even before the Weimar period, administrative courts actually existed in most of the lands of the German Reich, but administrative legal protection at that time was not guided by any single concept, but rather offered a mixed system of administrative justice. The subject of disputes was the problem of subordinating administrative justice to the current administration or the courts. Depending on the solution of this problem, the administrative justice of each of the lands showed certain features. On the basis of this experience, administrative justice was restored in the respective occupation zones of Germany after the seizure of power by the National Socialists on January 30, 1933 and their defeat in the Second World War.
 The French occupation zone was formed from parts of the American and British occupation zones, which included heterogeneous administrative units - the southern part of the former Prussian Rhineland, part of the Prussian province of Nassau, Rheinhessen, the Saar region, the former Bavarian Palatinate, Southern Baden, Southern Württemberg, Hohenzollern and of the Bavarian district of Lindau. The states of Rhineland-Palatinate, Baden and Württemberg-Hohenzollern were formed from them, and the Saar region, later Saarland, began to develop independently. The Bavarian district of Lindau, which rejoined Bavaria on September 1, 1955, was at that time autonomous and under the guardianship of Württemberg-Hohenzollern.
 The order of the General Administrator on the restoration of administrative justice in the French zone of July 23, 1946 provided for the restoration of the administrative courts of the states of Baden, Württemberg, Hesse-Pfalz and Rhineland-Hessen-Nassau. Regarding the composition of the courts, their jurisdiction and procedure, the provisions that were in force until January 30, 1935 were applied. In Saar, the creation of administrative courts was provided for by a separate order.

Pernan Advokat Dalam Memberikan Bantuan Hukum Kepada Masyarakat Dalam Perspektif Hak Asasi Manusia


 Legal aid has an important position in every criminal, civil and state administrative justice system, including in Indonesia. The concept of legal aid relates to a person's rights to exercise these rights, therefore legal aid is carried out by legal experts and experienced people in order to carry out their profession. Legal aid is carried out by legal aid providers who are oriented towards noble values, namely the humanitarian aspect to fight for human rights to live in prosperity and justice. This paper aims to find out the role of advocates in law enforcement and to find out the obstacles they face in upholding the law, especially in defending their clients in the Pemko Medan area. Advocates in Pemko Medan, especially those who are members of the Indonesian Advocates Association Organization (AAI).
 Keywords:: Advocate, Legal Aid, Human Rights