Administrative Law Research Articles

The transfer of State-Owned Assets (BMN) in the form of land is a legal process that must comply with administrative and land law regulations. The issue of an authentic deed by a Land Deed Official (PPAT) is an essential instrument in the transfer of land rights. This study seeks to analyze the legal ramifications of conducting the process without a PPAT deed and to assess the importance of PPAT in validating property rights transfers, including BMN. The applied research methodology is normative juridical, utilizing a statutory and case study approach. The results demonstrate that the conveyance of land rights does not comply with the legal stipulations set forth by national land laws in the absence of a deed executed by a PPAT, which may lead to disputes and financial losses for the state. This report promotes the strengthening of regulations mandating PPAT involvement in all BMN land transfers to ensure legal certainty and protect state interest.

The proliferation of algorithmic decision-making systems in government administration represents a fundamental transformation of the administrative state, challenging traditional conceptions of administrative law and demanding new theoretical frameworks for understanding governance in the digital age. This research examines the intellectualization of administrative law in response to algorithmic governance, analyzing how legal scholars and practitioners are conceptualizing core administrative principles—transparency, accountability, due process, and reasoned decision-making—to accommodate the sociotechnical complexities of automated systems. Through a comprehensive analysis of recent scholarship, international regulatory developments, and emerging jurisprudence, this paper identifies the evolution from rights-based remedies to systemic governance approaches, including internal administrative rules, prospective benchmarking, and risk-based regulatory frameworks. The research reveals significant tensions between technical efficiency and democratic legitimacy, particularly where algorithmic opacity undermines traditional administrative law safeguards. Emerging international law constraints, notably from the European Union and Council of Europe, are creating new transnational frameworks that emphasize human oversight, impact assessments, and procedural safeguards. The findings suggest that effective algorithmic governance requires methodological pluralism combining doctrinal analysis, empirical evaluation, and comparative institutional study. This research contributes to the growing body of literature on digital governance by providing a systematic analysis of how administrative law is adapting to algorithmic systems and identifying key areas for future research and policy development.

Public policy serves as a vital instrument through which the government regulates society, addresses public needs, and promotes welfare. However, the increasing complexity of governance sometimes results in policies that inadvertently cause state losses, particularly financial ones. This raises critical legal debates on whether such policy outcomes should lead to criminal prosecution. In Indonesia, this issue has become more prominent with cases involving public officials criminalized for policy failures made in good faith. This study employs a normative juridical approach, examining statutory frameworks and legal doctrines governing public administration and anti-corruption law. It focuses on Law No. 30 of 2014 on Government Administration and Law No. 31 of 1999 as amended by Law No. 20 of 2001 on the Eradication of Corruption. Central to the analysis are the concepts of freies Ermessen (administrative discretion) and the General Principles of Good Governance (AAUPB). Findings reveal that policy decisions should not be criminalized solely due to unfavorable outcomes. Criminal liability arises only when policies are made with malicious intent or violate governance principles. The study calls for clearer legal standards to protect lawful discretion while maintaining accountability and promoting legal certainty in governance.

The article highlights the issues of intellectualization of administrative law through the prism of introducing artificial intelligence into the public administration system. We believe that the use of innovative technologies can radically transform the processes of decision-making, control and provision of administrative services, while simultaneously reducing the level of bureaucracy and increasing the transparency of interaction between the state and citizens. In our opinion, the key challenge is the need for a comprehensive update of the legislative field, taking into account the ethical, organizational and technical aspects of the use of algorithms. In particular, the question arises of who will be responsible for incorrect or discriminatory decisions of artificial intelligence systems, as well as how the protection of personal data will be guaranteed in the digitalized public administration environment. It should be emphasized that the experience of different countries indicates the presence of positive results from the implementation of digital solutions in the field of administrative services, in particular, reducing the time for processing documents, simplifying access to services and reducing the burden on civil servants. However, modern research emphasizes the importance of proper change management, including staff training, defining a clear legal status for electronic solutions, and ensuring cybersecurity of state registries. In this context, the intellectualization of administrative law can act as a catalyst for the modernization of the entire public administration system, creating a basis for improving the quality, efficiency, and accountability of government to society.

The integration of artificial intelligence into administrative governance has transformed public decision-making but simultaneously challenged the foundational principle of transparency in administrative law. Through a comparative legal analysis, this paper examines how automated decision-making systems—particularly the OCI (“Robo-Debt”) case—expose deficiencies in procedural fairness, explainability, and accountability. It identifies the algorithmic “black box” as a structural barrier to transparency, undermining the rule of law and citizens’ trust in government. The study argues that embedding Explainable Artificial Intelligence (XAI) within administrative processes offers a legal–technical solution to reconcile automation with transparency. By linking algorithmic governance to existing administrative review principles, XAI enables interpretability, justifiability, and contestability of automated decisions, thereby strengthening democratic legitimacy in the age of algorithmic administration.

The article explores the transition from the traditionally punitive model to a consensual approach in Administrative Disciplinary Law, analyzing its foundations, challenges, and practical applications. The objective is to understand how this change contributes to a fairer and more democratic sanctioning system. The article’s sections address the cultural, normative, and practical challenges to implementing consensualism; the constitutional and economic foundations that justify it; and the various application possibilities, such as the Conduct Adjustment Agreement, mediation, and the conditional suspension of proceedings. The results demonstrate that consensual instruments promote celerity, procedural economy, and more effective solutions than the traditional path. The article concludes that the adoption of consensualism does not weaken state control, but rather enhances it as a strategic pillar for good management, improves the relationship between the administration and the governed, in addition to strengthening the values of the Democratic State of Law.

The ethical and disciplinary normative microsystems are part of the sanctioning administrative law and the broad conception of public integrity. The ethical obligations, formalized through a code, and the disciplinary obligations of civil servants, established as a rule by law, are institutionally supervised by the State, and linked to previously established sanctions. Within this context, considering that ethical and disciplinary norms are part of the comprehensive concept of legal duty, the objective of this article is to evaluate whether it would be possible to apply to a public agent of the federal Executive Branch cumulative ethical and disciplinary sanctions for the factual practice of a single conduct. In theory, the double penalty could constitute bis in idem, which is prohibited by the Brazilian legal system. On the other hand, one should consider the existence of serious situations, in which a single conduct requires a reprimand compatible with the offense committed. From a methodological point of view, the article was produced from documentary research, whose analysis focused primarily on Law no. 8.112/1990 and the Code of Ethics for Civil Servants of the Federal Executive Branch (Decree no. 1.171/1994), in addition to decisions of the Public Ethics Commission. In addition, the article was also based on bibliographical research, including the use of the concept of competition for infractions derived from Criminal Law. In the end, it is concluded that the Brazilian Legal System authorizes the simultaneous application of disciplinary and ethical sanctions to public agents of the federal Executive Branch, even when from a factual point of view there is the practice of a single conduct, without configuring bis in idem, although punitive excess is a concern valid at the time of setting the penalty, which must be guided by the principles of proportionality and reasonableness.

This study investigates the mechanisms, challenges and pathways through which digital technology platforms empower social governance, focusing on the comprehensive administrative law enforcement command and dispatch platform in Mengzi City. Employing the ‘structural adaptation - process collaboration - functional optimization’ framework grounded in adaptive governance theory and sociotechnical systems theory, we analyze operational data from 12,703 cases processed in 2024, supplemented by field interviews and policy document reviews. Our findings reveal that, despite the platform achieving a 95% case resolution rate and improving governance transparency via a unified command system and real-time data dashboards, significant structural disconnections persist. Specifically, a 40% shortage of grassroots personnel is evident, there is a misalignment between standardized work processes and local governance requirements, and cross-departmental incidents continue to depend on manual coordination. Moreover, the emergence of data silos, exacerbated by incompatible standards and policy constraints, has further undermined the ‘trustless collaboration’ mechanism facilitated by blockchain technology. In terms of public participation, the feedback mechanism remains superficial, resulting in citizen involvement being limited to a mere 6.8% of reported cases. Furthermore, This study identifies three paradoxes that impede digital governance in developing jurisdictions. First, advanced platform architectures conflict with under-resourced implementation, creating a techno‑structural friction that undermines system performance. Second, high technical specifications coexist with incomplete data integration, leaving information silos that frustrate decision‑making. Third, participatory interfaces exist alongside constrained public engagement, so opportunities for civic input fail to translate into meaningful participation. Theoretically, we extend the application of adaptive governance theory by showing how institutional inertia impedes technological assimilation in multi‑ethnic border regions. At the practical level, we propose a tripartite solution. Dynamic government-enterprise partnerships can address hardware and capacity gaps at the fron-tline, and algorithmic responsibility‑matching systems automate interagency coordination by routing tasks according to jurisdictional competence and workload. Meanwhile, blockchain-anchored incentive ecosystems stimulate civic participation can be stimulated by establishing blockchain-anchored incentive ecosystems. These strategies offer feasible pathways to reconcile ambitious digital governance goals with the contextual realities in developing countries.

Human Rights have not yet become the main norm and principle in the regulation and reviewing of state administrative law in the State Administrative Court. So far, state administrative law, both at the regulatory and reviewing levels, is still identified with procedures, authorities, and orders of laws and regulations. In fact, in many ways, the products of state administrative law are very intersecting with human rights, such as the eviction of agricultural land, the takeover of housing, and so on. This research shows the opposite paradigm that state administrative law is very close and closely related to human rights, so it must be the main foothold in its regulation and reviewing. This research is a type of non-doctrinal research, using secondary data as the main study. The approaches used are the statute approach and conceptual approach. The results of the study show that theoretically, departing from the contemporary meaning of the state of law, human rights and state administrative law (as an important instrument of the state of law), become a unit that is inseparable from the meaning of the state of law itself. Meanwhile, from the juridical aspect, the interpretation of Article 28I paragraph (4) and Article 5 of the Government Administration Law, has implicitly emphasized that human rights are an inseparable part of state administration. Both as the basis for government officials/organs in carrying out government functions, and as a touchstone for State Administrative Court (PTUN) judges in adjudicating administrative cases.

The effectiveness of administrative law and corporate earnings management

The complexity and arduousness of comprehensively advancing rural revitaliza-tion are no less than those of poverty alleviation. As a core guarantee for "con-solidating fundamentals, stabilizing expectations, and benefiting the long term", the rule of law is a key support for resolving county-level issues related to agri-culture, rural areas, and farmers, and activating the driving force for rural de-velopment. Based on county-level practices, this paper takes "standardizing ad-ministrative law enforcement - strengthening fair justice - promoting law-based governance" as a three-dimensional framework, and integrates typi-cal cases such as the "three-in-one governance integration" in Laixi, Shandong Province and the "smart mediation" in Liuyang, Hunan Province. It systemati-cally ex-plains how to transform the advantages of the rule of law into practical results of rural revitalization by strengthening law enforcement teams, opti-mizing judicial services, and innovating governance models, thus providing a solid institutional guarantee for achieving a strong agricultural sector, beautiful rural areas, and prosperous farmers.

In optimizing the role of government in enforcing environmental law, seen from the perspective of State Administrative Law, requires comprehensive efforts. The main challenges include limited resources, lack of coordination between institutions, and inconsistent policy implementation. Solutions include increasing environmental awareness, strengthening social supervision, and utilizing information technology to support environmental law enforcement. This study aims to explain that the government needs to have a competent and independent supervisory unit to oversee the implementation of environmental regulations. This supervision can be done through routine inspections, online monitoring, and receiving reports from the public. The research used a descriptive normative method with primary and secondary data sources. The ultimate goal is for the role of government and society to play an important role in enforcing environmental law. Community participation can be in the form of social supervision, reporting violations, and support for law enforcement efforts. The government needs to increase public awareness of the importance of environmental protection and the importance of compliance with environmental laws. This socialization can be done through various media, including social media, as well as schools and community activities.

BACKGROUND The study addresses the pressing need to comprehensively update the legal status of administrative bodies in the context of ongoing public administration reform. These reforms are taking place under conditions of decentralization, digitalization, legitimacy crises, and rising public expectations. A key challenge is to determine the institutional, human, political, legal, technological, and social capacities required for effective transformation and to establish the principles guiding their implementation. MATERIALS AND METHODS The research applies modern doctrinal approaches to the legal status of public authorities and the principles of administrative law. It relies on formal-legal, structural-functional, logical-semantic, and comparative methods to clarify the legal nature of the administrative and legal status of public authorities. The study conceptualizes public authorities as subjects of state administration endowed with a legal status that is undergoing transformation in response to new societal and governance challenges. RESULTS The article develops a comprehensive definition of the legal status of an administrative body, integrating rights, duties, powers, responsibilities, and institutional features such as functions, resources, organizational structure, and position within the system of power. It identifies five core groups of conditions necessary for reform—namely institutional-organizational, personnel, political-legal, technological, and social-public. The study also defines a set of special principles that underpin reform implementation, including systemic integration, structural adaptability, personnel stability, participation, and legal legitimacy. CONCLUSION The findings contribute to the theoretical and practical understanding of administrative reform by offering a renewed conceptualization of the legal status of administrative bodies. The proposed framework provides a foundation for developing a regulatory model of public administration that is democratic, transparent, and effective, ensuring that governance structures are better equipped to meet contemporary challenges.

This article examines the relevance within the Italian transfer pricing framework of the approach prescribed by the OECD Guidelines with respect to intercompany transactions involving the development, enhancement, maintenance, protection and exploitation of intangible assets. By analysing the domestic law, the administrative guidance provided by the Italian Tax Administration and recent case law, the article provides an overview on how the OECD’s transfer pricing principles on intangibles have been progressively adopted in Italy, despite the absence of an explicit codification of the DEMPE approach within the Italian legislation.This article is part of a special issue of the International Transfer Pricing Journal on the DEMPE concept in domestic transfer pricing practice. The other articles include the General Report and contributions on Belgium, France, Germany, Ireland, Korea, Luxembourg, the Netherlands, Spain and the United States.

The article is devoted to the analysis of the specifics of the correlation between administrative and labour law provisions in regulating the termination of civil service. It is noted that the national model of legal regulation of civil service termination is based on a combination of administrative and labour law provisions, with the leading role played by administrative law norms, as enshrined in the Law of Ukraine “On Civil Service” dated December 10, 2015 (grounds for termination of civil service, specifics of case and property handover by a civil servant, etc.). Labour law provisions are applied to regulate relations concerning the termination of civil service either through subsidiary application (extending to relations not regulated by public law provisions) or blanket application (extending in cases of direct reference to them). These norms govern specific issues related to the termination of civil service (specifics of certain grounds for termination, guarantees for dismissed civil servants, etc.). It is summarised that in European countries, regarding the correlation of administrative and labour law provisions in the regulation of civil service (including its termination), two main models exist: a) public law regulation – application of public (administrative) law provisions (Germany, Hungary, etc.); b) public-private law regulation (Lithuania, Latvia, Estonia, Poland, Slovenia, Croatia, ), within which labour law provisions are applied both subsidiarily and through blanket references. Thus, Ukraine, under its current model of correlating administrative and labour law provisions in regulating civil service termination, belongs to the group of countries with a public-private law regulation model. It is noted that given the ongoing debates between administrative and labour law experts regarding the appropriateness of applying labour legislation to civil service termination relations, future research should focus on identifying the advantages and disadvantages of Ukraine’s model to propose possible improvements.

The article substantiates the pivotal role of administrative law as a system-forming factor in the institutionalization of public services within the sphere of administrative assistance. It is emphasized that the transformation of public governance in Ukraine necessitates a shift from an exclusively authoritative- administrative model to a service-oriented approach centered on the individual as the bearer of public interest. In this context, administrative law not only provides a regulatory framework but also shapes the standards, principles, and institutional foundations of service-oriented activities of public authorities.The focus of the study is the administrative service as the fundamental legal form of realizing the service function of the state. Its legal nature, characteristics, and distinction from private-sector services are defined. It is argued that the administrative service is non-commercial in nature, results from authoritative action based on a formal request, and serves as a means of meeting public-legal needs. The article explores the significance of the Law of Ukraine “On Administrative Services” as a normative instrument for ensuring legal certainty, procedural transparency, and accessibility. The organizational and institutional mechanism of public service delivery is analyzed, particularly the role of Administrative Service Centers as permanent institutions that implement a standardized model of public interaction. Special attention is paid to the challenges of digital transformation, including the need for regulatory support for electronic services, cybersecurity guarantees, personal data protection, inclusiveness, and service continuity under martial law conditions. The paper underscores that administrative law in the modern era performs not only a regulatory but also an integrative function. It ensures coherence in the activities of executive authorities, provides a normative foundation for interaction with citizens, and fosters trust in public administration. This perspective allows administrative law to be interpreted as a component of the institutional modernization of the state. It is concluded that administrative law in the 21st century should be regarded as a universal legal mechanism combining elements of public authority, service provision, and digital governance. Its further development will determine the effectiveness of the state’s transformation into a legal, transparent, and human-centered institution capable of adapting to the challenges of war, digitalization, and globalization.

This study aims to analyze the use of habeas corpus (HC) and writs of mandamus (MS) in administrative disciplinary proceedings (PAD), outlining the constitutional foundations, legal framework, eligibility requirements, limits, and strategies for choosing the appropriate avenue. It draws on articles 5, LXVIII, LXIX, and LV of the Constitution, as well as Law 12.016/2009 and administrative law legislation, to situate the issue within the system of guarantees and control of the legality of state acts. The HC is examined as a remedy aimed at the immediate protection of freedom of movement, including in exceptional circumstances in the PAD, and the MS as an instrument for protecting a clear and certain right against illegality or abuse of power, with an emphasis on pre-established evidence, statute of limitations, and effects. Finally, it proposes practical criteria for adequacy and subsidiarity between HC, MS, and annulment actions, preventing the risks of an inappropriate avenue.

It is indicated that public administration attracts the attention of scientists from various fields as a complex social activity of government structures that combines legal, economic, managerial and social mechanisms for the high-quality provision of public services and meeting the needs of citizens and territorial communities. The article attempts to analyze the philosophical and legal methodology of researching public administration instruments, namely its epistemological dimension. It is emphasized that the epistemological approach provides a holistic and multidimensional vision of the process of cognizing the instruments of public administration, combining logical-philosophical and empirical methods aimed at identifying the ways, limits, and means of acquiring scientific knowledge about them. The application of dialectical, metaphysical, logical methods, and hermeneutics enables the researcher not only to accumulate factual material and build conceptual generalizations on its basis but also to maintain consistency, semantic accuracy, and the unity of the terminological framework. Attention is drawn to the fact that philosophical methodology plays the role of a theoretical foundation for specifically legal research, since it is precisely philosophy that forms the initial worldview and value guidelines that define the framework of legal analysis. Philosophy outlines the basic criteria of truth and validity of knowledge, without which specifically legal methods would remain applied techniques without proper conceptual support. On this basis, it becomes possible to apply such specifically legal methods as the formal-legal method (analysis of the content of legal norms), the comparative-legal method (comparison of regulatory models in different legal systems), the systemic-structural method (study of instruments within the holistic system of administrative law), the historical-legal method (analysis of the genesis of legal institutions), as well as the method of legal modeling (construction of normative frameworks suitable for improving existing legislation). In conclusion, it is noted that philosophical methodology not only outlines the strategic horizons of cognition but also creates the conceptual foundation for the tactical level of research – specifically legal methods, which in turn ensure the concretization and verification of the formulated provisions in the legal dimension.

The article examines the directions for improving the administrative and legal regulation of public relations in the field of dimensional and weight control (GVK) in Ukraine as an important element of state policy in the field of road safety, transport infrastructure protection and compliance with public order. The theoretical and methodological principles for improving the administrative and legal regulation of public relations in the field of GVK in Ukraine are revealed, in particular through the prism of a systemic approach, conceptual analysis of administrative and legal categories and means of influence. Doctrinal approaches to determining the essence and significance of areas for improvement are analyzed, their role in increasing the efficiency of public administration in the transport sector is characterized. The features of the modernization of the regulatory system in the context of administrative law are outlined, including the classification of sources, the issues of law enforcement and the requirements for the unity of the regulatory body. Particular attention is paid to identifying the current problems of the current administrative and legal regulation in this area, including the conflicting regulatory framework, the fragmentation of the powers of control bodies, the imperfection of procedures, the lack of digital solutions, the absence of a single administrative procedure, as well as the inconsistency of the responsibility of carriers with modern challenges. Based on a critical analysis, priority areas for improving the administrative and legal mechanism of the GVK have been formulated, in particular through updating the legislation, reorganization of the organizational and staff structure of control subjects, development of information and legal instruments and digitalization of control processes. Separately, the means of practical implementation of the proposed changes are substantiated, including: legislative modeling, updating procedural and substantive law, conducting expert assessments of regulatory impact, as well as the use of public monitoring mechanisms and open data in this area. The final emphasis is placed on formulating guarantees for the implementation of certain areas, including institutional, legal, organizational, budgetary, technological and anti-corruption safeguards that should ensure the proper functioning of the updated system of administrative and legal regulation of the GVC in the context of Ukraine’s integration into the European legal space and strengthening national transport security.

The article provides an in-depth analysis of the principles of qualification of administrative offenses. It has been stated that the continued and subsequent consolidation of these principles is a necessary intellectual guarantee of the rule of law, legality, objectivity, justice and the effectiveness of the consolidation of administrative and tort norms. It appears that a clear definition of the principles of qualification of administrative offenses is of great importance not only for legal practice, but also for the thorough development of administrative-tort legislation. The current state of scientific development of the principles of qualification of administrative offenses is analyzed. It has been stated that there are significant gaps in the current reasonable principles of administrative and legal qualification that do not allow for full statements about their nature and change. The importance of deepening scientific knowledge about the nature, essence and system of principles that form the basis of administrative and legal qualifications is emphasized. The author’s definition of the concept of “principles of qualification of administrative offenses” is formulated as: fundamental ideas and normative regulations that indicate the legal mechanism for the strengthening of important subjects in the process of establishing administrative law enforcement. Based on the fact that the qualification of administrative offenses has an administrative-legal and law- enforcement nature, concluded that it is grounded on the principles of administrative-legal regulation, as well as on the principles of law-enforcement activities. The first group of principles includes: the rule of law, legality, justice, control over the effectiveness of administrative and legal regulation, minimal interference with the private life of people. Another group of principles is established by the principles of integrity, professionalism, establishment of objective truth, integrity, transparency, efficiency and reliability. Through the prism of critical analysis, the idea of seeing special principles of qualification for certain categories of administrative offenses is examined. A summary has been made about the fact that this idea is combined with a scientific and practical background, since the qualifications of all categories of administrative offenses are based on the same ideological ambushes.