Administrative Procedures Research Articles

Implementation of administrative procedure in the context of ensuring compliance with customs rules

Implementation of administrative procedure in the context of ensuring compliance with customs rules

Public sector digitalisation: not all positive impacts for knowledge assets

ABSTRACT Digitalisation can enhance knowledge assets within public administrations, thereby fostering value creation. Yet, it also poses risks such as inefficiencies, hidden costs, and value destruction, which can have negative impacts on human, structural, and relational capital. Despite their significance, these phenomena have received limited attention in the literature, leaving substantial research gaps concerning the impact of digital transformation on public employees, administrative procedures, and other knowledge assets. This paper explores the learning, compliance, and psychological costs arising from the recent digitalisation of a social service in the Friuli Venezia Giulia Region in Northeastern Italy. The research highlights the importance of monitoring and managing such burdens for knowledge assets so as to mitigate the adverse effects of digitalisation on public administration.

Administrative Procedure Automation and its Role in Improving the Quality of Banking Services in Iraq: An Analytical Study on the Iraqi Trade Bank for the year 2024

This study examines the impact of automating administrative procedures on the quality of banking services at the Iraqi Trade Bank for the year 2024, focusing on employee experience. A mixed-methods approach was used, including a literature review, descriptive analysis, and qualitative interviews with 159 bank employees in Baghdad. The results reveal a positive relationship between the automation of administrative procedures and the improvement of banking service quality. Factors influencing the adoption of automation include cost, infrastructure, human resources, and the regulatory environment. The study concludes with recommendations to enhance automation and service quality within the Iraqi Trade Bank, contributing valuable insights for banking institutions and decision-makers in Iraq's financial sector.

ПРИНЦИПИ АДМІНІСТРАТИВНОЇ ПРОЦЕДУРИ ЯК КЛЮЧОВІ ЗАСАДИ ДОБРОГО АДМІНІСТРУВАННЯ

The article analyzes the main documents of the European Union, which enshrine the right to good administration. It is substantiated that an important guarantee of its provision is the adoption of separate legislative acts on administrative procedure, which regulate the rules of relations between administrative bodies and private individuals. It is proven that the adoption of the Law of Ukraine “On Administrative Procedure” was an important step towards the harmonization of national legislation with the acquis of the European Union and the implementation of the concept of good governance and, in particular, its separate component, good administration. The author analyzed the main principles of the administrative procedure and proved their practical importance for ensuring the right to good administration. The article concludes that the basic principles of administrative procedure have a constitutional basis, and others are a consequence of the harmonization of national legislation with the documents of the Council of Europe on the protection of the rights and freedoms of individuals in relations with administrative bodies. Also, the list of principles of administrative procedure correlates with the criteria that decisions and actions of subjects of power must meet, defined in Part 2 of Article 2 of the Code of Administrative Procedure. The author provides an author’s definition of the principles of administrative procedure. It is concluded that the principles of administrative procedure represent a complex system of mutually agreed and interdependent elements aimed at harmonizing the relations of administrative bodies with private individuals, ensuring and protecting the rights, freedoms or legitimate interests of a person and a citizen, and balancing them with the public interest of the state. The results of the study substantiate that the principles of administrative procedure are key principles and standards of good administration, an effective safeguard against abuses by public administration, and an important practical tool for resolving legal conflicts. Keywords: principles of administrative procedure, administrative procedure, good administration, administrative body, administrative act, harmonization of legislation, European standards.

Administrative process in the context of European justice standards

The article deeply analyzes the administrative process in Ukraine, emphasizing the critical need for its compliance with European standards of justice. The impact of the European Convention on Human Rights on domestic administrative legislation, existing challenges and possible ways to overcome them is considered in detail. The author draws attention to the importance of transparency, fairness and efficiency in administrative procedures and analyzes the key principles that should be integrated into national practice. Much attention is paid to the role of national courts in ensuring compliance with international standards, which are the foundation for protecting the rights and freedoms of Ukrainian citizens. The article also highlights the current challenges faced by the administrative process in Ukraine, in particular, legal gaps, problems with the implementation of European standards and shortcomings in procedural codes. The author discusses the consequences of such shortcomings, which make it difficult for citizens to access fair and effective justice. Further improvement of the administrative process, as noted in the article, requires a comprehensive approach, which includes legislative reforms, strengthening of the institutional independence of courts, introduction of modern technologies to optimize processes and active involvement of the public in monitoring and evaluation of legal initiatives. The author suggests concrete steps to improve the situation, including strengthening legal certainty, improving the qualifications of judges, implementing transparent procedures, and involving the public in the reform process. The article ends with a conclusion about the importance of integrating European practices into the national justice system, which is key to ensuring respect for human rights, strengthening democracy and the rule of law in Ukraine. The author emphasizes that only through the joint efforts of national and international organizations, state institutions and the active participation of civil society, it is possible to create an effective system of administrative justice that will contribute to the real protection of the rights and freedoms of every citizen, in particular, the conducted study of the development trends of the administrative process in the context of European standards of justice in Ukrainian practice emphasizes several key aspects that are important for the further development and improvement of the legal system.

Administrative process – Ukrainian experience. Challenges, transformation and development prospects

The administrative process is an important tool for regulating legal relations between citizens and public authorities, as well as the effective operation of governing bodies aimed at ensuring the rule of law, respect for human rights and freedoms. It covers the activities of state bodies in resolving administrative cases, appealing decisions, actions or inaction of officials. The administrative process under martial law in Ukraine has undergone significant changes. The martial law imposed in response to Russian aggression has posed new challenges to the administrative justice system and the legal system in general. An important aspect is the restriction of certain rights and freedoms of citizens and the introduction of certain rules for the work of administrative bodies. However, these restrictions must be legally justified, temporary and proportional to the threat. The administrative process in wartime demonstrates the need to respond quickly to changes in society and national security. In particular, there has been an increase in activity in the area of regulation and introduction of curfews, evacuation of the population, nationalization of property for defense purposes, and prosecution for violation of martial law. At the same time, the burden on the judicial system has increased, which may lead to delays in the consideration of cases. The administrative process needs further improvement in order to adapt to the challenges that arose during martial law after the war ended. This includes the development of new mechanisms of administrative control, clearer regulation of the rights of citizens and authorities under martial law, and the integration of European standards of justice into Ukraine’s administrative procedures. Thus, the administrative process in modern conditions helps the state maintain law and order. After the end of martial law, the role of the administrative process will become more important for the restoration of law and order and the introduction of democratic norms in society. In addition, the development of administrative processes after the end of martial law martial law is key to effective governance at the stage of the country’s recovery. In particular, a new approach to administrative justice needs to be developed to ensure prompt and fair consideration of cases related to social assistance, infrastructure restoration, compensation for damages and restitution of nationalized property.

Factors influencing the experience of empowerment in Flemish (proxy) budget holders: A regression analysis.

Factors influencing the experience of empowerment in Flemish (proxy) budget holders: A regression analysis.

Legal regulation of the application of information technologies in administrative proceedings of Ukraine

The article addresses current issues in the legal regulation of the application of information technologies in administrative proceedings in Ukraine. It analyzes the prerequisites for updating the current legislation in the field of justice, which has served as the basis for significant reforms in the judicial system of Ukraine. Particular attention is paid to the role of information technologies in ensuring citizens’ access to justice, which is especially relevant under modern conditions, particularly during martial law. The study examines key directions of digitalization in judicial activities and their impact on the organization of administrative proceedings. It elaborates on the main concepts related to the application of information technologies, such as electronic document management, process automation, and the integration of telecommunication subsystems. The legal regulation of information technologies is defined as the targeted influence of administrative courts on social relations through the use of legal and technical tools to structure, protect, and safeguard these relations. The article outlines the scope of legal acts governing the use of information technologies in judicial proceedings, with a focus on the Code of Administrative Procedure of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges,» and provisions on the functioning of the Unified Judicial Information and Telecommunication System (UJITS). It emphasizes that UJITS is a key instrument of judicial digitalization, facilitating the optimization of document circulation, reducing administrative burdens, and ensuring transparency in judicial procedures. Several challenges hindering the effective functioning of electronic justice are highlighted. These include insufficient technical equipment in courts, difficulties with the use of electronic signatures, regulatory gaps, and the absence of a unified practice in applying digital tools. The study underscores the importance of further improving the legislative framework, implementing modern cybersecurity standards, enhancing the technical capacity of the judicial system, and ensuring equal access to electronic judicial services for all participants in the process.

해양레저스포츠 규제에 관한 소고 - 허가·등록 및 해양관리계획 등 행정법적 문제를 중심으로

Scholars of marine leisure sports and researchers, officials, and businesspeople who suggest measures to promote them all claim that the development of marine leisure sports is being hindered by regulatory-centered legal systems. In particular, the most discussed regulations are the various permits, licenses, and registration systems that correspond to entry regulations related to marine leisure sports, and since they are closely related to general administrative laws and regulations such as permission for use of public waters and permission for use of natural parks, the burden seems to be increasing. In addition, looking at the recently implemented ｢Marine Leisure Tourism Promotion Act｣, this law only contains slogans for simple support and promotion efforts, and does not present a correct understanding of regulations and a direction for deregulation based on them. However, considering the risks and dangers that inevitably accompany the use of the ocean for leisure or sports, it seems fundamentally proportional from a safety law perspective that it is subject to greater regulation than that on land. The problem is not the regulation itself, but the fact that the concepts of the permit and registration system based on relevant positive laws are not properly understood in the marine leisure sports field is considered to be one of the causes of the problem. ① The pilot license should be designed to resolve overlapping issues and unreasonable unlicensed penalties. ② The water leisure business registration system should not be operated in a positive manner, such as a permit. ③ The term ‘registration’ in the water leisure laws should be understood in various ways as a concept of various administrative laws, and should be understood and operated so that the significance of the negative method can be highlighted. ④ In the establishment of a marine space plan that includes marine leisure sports, marine leisure sports, water leisure activities on the sea surface, and especially in the case of natural parks or natural conservation areas, whether they affect the protection of various environments, ecosystems, and species diversity pursued under the natural park laws or natural environment protection laws, should be implemented through a cost-benefit analysis through risk assessment and communication. In addition, this plan should move in the direction of recognizing legal binding force in the ‘consultation on the suitability of marine space,’ but there is a diagnosis from maritime administrative law scholars that it is still just an ‘inductive plan.’ This is because there is no legal basis to prevent or force the government or local government from using or developing marine space without the consent of the Minister of Oceans and Fisheries after consultation. In this regard, the administrative plan confirmation procedure under administrative law and the discussion on its concentrated effectiveness should be applied. ⑤ The issue of ‘abandoned boats’ should be the subject of environmental law discussion, and in the future, it should be developed into a discussion on state responsibility and its limitations under safety law.

A critical view at the imposition of administrative punishments in simplified judicial proceedings

Relevance. The study of the judicial procedure for the imposition of administrative punishments is particularly relevant in connection with the widespread discussion in the theory of administrative law and procedure about the role of the court as an administrative jurisdiction body, rethinking the understanding of justice in administrative cases, as well as the need to optimize the court workload associated with the consideration of cases of administrative offenses.The purpose of this study is to demonstrate a critical assessment of the imposition of administrative punishments by courts in simplified judicial proceedings.Objectives. To achieve the purpose of the study, the following tasks were set: to give a general description of simplified judicial proceedings, to identify the signs of simplified judicial proceedings in cases of administrative offenses, to characterize some of the problems of implementing the procedure for imposing administrative punishments in simplified judicial proceedings, to give a critical assessment of simplified judicial proceedings in relation to the essence of the institution of administrative liability.Methodology. The methodological basis of the research includes general scientific techniques and methods of cognition, as well as special and private scientific methods, including dialectical, formal legal (dogmatic), historical, etc.Results. The study demonstrates the inconsistency of simplified judicial proceedings with the essence of the institution of administrative liability and justice in cases of bringing to public liability, as well as the inexpediency of appealing to justice to resolve the issue of imposing administrative punishments in cases currently being considered by arbitration courts in simplified proceedings.Conclusion. The author of the article puts forward the thesis about the need to abolish simplified judicial proceedings in cases of administrative offenses and transfer cases considered by arbitration courts in simplified proceedings to the jurisdiction of non-judicial public authorities by applying the criterion proposed by the author.

The use of artificial intelligence in the preparation of an administrative act: benefits and risks

The article is devoted to the study of the role of artificial intelligence (AI) in the legal sphere, in particular, its application in the administrative process. The author analyzes various scientific approaches to defining the concept and functions of AI, in particular, as a computer program for data analysis, an intelligent system that surpasses human capabilities, and a cybernetic approach that includes an algorithmic model of cognitive functions. The article examines the legal status of AI in Ukraine, the peculiarities of its regulation under national legislation, and the problems associated with legal adaptation to international standards. The article also discusses the prospects of using AI to automate administrative processes, in particular in the preparation of administrative acts, improvement of the motivational part and checking documents for errors. The authors emphasize the need to improve legislation and technical support to minimize the risks associated with the use of AI. According to the study, the introduction of AI into administrative procedures has significant potential to increase efficiency, transparency and reduce administrative burdens on public authorities. Key words: administrative process, artificial intelligence, administrative act, administrative proceedings.

Implementation of the KIP Kuliah Program for Aspiration Path for Students of Universitas Mandiri Bina Prestasi

The Indonesia Smart Card (KIP) Kuliah program is a government policy aimed at expanding access to higher education for students from underprivileged families. This study aims to analyze the implementation of the KIP Kuliah aspiration pathway program at Bina Prestasi Independent University, focusing on the selection process, aid distribution, and its impact on recipient students. A descriptive qualitative approach was used, with data collection through in-depth interviews, observation, and documentation. Research respondents included KIP Kuliah recipient students, supervisors, and university administrative staff. The results showed that the KIP Kuliah program has helped students from low-income families continue their higher education. The selection process is carried out transparently, but there are still technical obstacles, such as students' lack of understanding of administrative procedures and delays in fund disbursement. Additionally, students receiving the program stated that the assistance had a significant impact on reducing the economic burden on families, increasing motivation to learn, and encouraging academic achievement. This study recommends increased socialization of the program to new students, improvements in the fund disbursement mechanism, and enhanced coordination between the government, universities, and related parties. With these steps, the KIP Kuliah program is expected to operate more effectively and sustainably in supporting equitable access to higher education.

Community-oriented, hospital level genetics: a new approach to improve access for underserved communities.

Certain populations are at increased risk for genetic syndromes but have limited access to genetic testing. We founded a community-based, pediatric genetics clinic in the Muslim-Arab city of Tayibe, Israel. Children with suspected genetic conditions of consanguineous parents, or families with two or more affected siblings were referred by local staff. The clinic was staffed by a Meir Medical Center (MMC) clinical geneticist. Blood samples were collected during the initial visit. Tests were publicly funded, with no parental involvement in administrative procedures required. A control group consisted of MMC pediatric genetics clinic patients. During the first year, 30 children were assessed. No patients were lost to follow-up, compared to 8 (28%) in the MMC control group. The average time to test results was shorter in the Tayibe group and the diagnostic rate was higher, with 27.6% receiving a diagnosis (42.9%, excluding autism cases). Our first-year experience shows the success and promising results of this model, with advantages in almost all parameters, compared to the traditional, hospital-based clinic. Factors such as faster time-to-results, greater family adherence and satisfaction, and zero lost to follow-up rate suggest considering implementing this model for providing genetic services to other underserved populations. A community-oriented approach for a pediatric genetics clinic allowed reaching high-risk populations, with increased adherence, faster results and a higher yield. Our clinic relied solely on available public funding and staff, requiring no additional contributions. The current dogma of hospital-based genetics services should be reconsidered.

Reflecting on 20 Years of Regional Development Planning in Indonesia: A Systematic Literature Review

Introduction: Regional development planning in Indonesia, as mandated by several regulations, requires the implementation process to refer to various planning approaches, including technocratic, participatory, political, top-down, and bottom-up. These approaches are guided by principles such as holistic-thematic, integrative, and spatial. However, these complex procedures have hindered the achievement of 20-year planning goals. Challenges such as overlapping administrative procedures, the growing influence of regional legislative bodies, mandatory central government policies, increasing budget allocations for villages, declining public trust in the planning process, unclear authorities and responsibilities, and other regional autonomy issues necessitate a comprehensive reflection and re-evaluation of the regional development planning process. Objectives: This study aims to comprehensively examine the process and results of regional development planning implementation in various regions in Indonesia, focusing on the effectiveness of the musrenbang (development planning deliberation) forum. Methods: The research employs a Systematic Literature Review (SLR) by identifying, evaluating, and interpreting research on the implementation of regional development planning in Indonesia. Data collected from reputable journals are analyzed using the Atlas.ti application to map various evidence. Results: The findings reveal that the regional development planning process in Indonesia through the musrenbang forum has not fully addressed the aspirations and needs of citizens. The government dominates every phase, including proposing and filtering aspirations, which limits effective dialogue and consultation with citizens. Conclusions: The study concludes that the lack of communication, dialogue, and consultation between the government and citizens undermines the effectiveness of regional development planning. The researcher recommends further studies using the communicative planning method, especially focusing on marginalized groups, to enhance inclusivity and participatory governance.

O skutkach nieprawomocnych orzeczeń sądów administracyjnych pierwszej instancji uwzględniających skargę na decyzje z zakresu reglamentowanej działalności gospodarczej

The article focuses on assessing the effects of non-final judgments of voivodeship administrative courts that uphold a complaint and annul administrative decisions, under which the addressees of the decision are granted the right to conduct regulated economic activity. The considerations refer to the purposive interpretation of the norm resulting from Art. 152 § 1 in fine of the Act of 30 August 2002 – the Polish Code of Administrative Court Procedure, which states that if a court upholds a complaint against an act or activity, the act or activity does not produce legal effects until the judgment becomes final unless the court decides otherwise. If a voivodeship administrative court upholds a complaint against a decision that the addressee of the act has executed, granting the party the right to conduct a regulated activity, no basis exists for applying Art. 152 § 1 of the p.p.s.a. Such acts should be classified as a special group of administrative decisions, the effects of which have occurred, making the application of the cited provision impossible. The application of Art. 152 § 1 p.p.s.a. must consider the purpose of this provision, which is to protect the party (addressee of the decision) from the deterioration of its situation due to the possible performance of the obligation resulting from the decision that has not been legally repealed.

The petition for a liquidation procedure and the administrative liquidation procedure: a comparative analysis study in Saudi and UK insolvency law

The petition for a liquidation procedure and the administrative liquidation procedure: a comparative analysis study in Saudi and UK insolvency law

Peningkatan Akses dan Praktik Pemberian Bantuan Hukum bagi Masyarakat di Desa Deme Dua dan Desa Bubalango

Access to legal aid is a fundamental right guaranteed by Law No. 16/2011. However, in rural areas such as Deme Dua Village and Bubalango Village, limited infrastructure, low legal literacy, and lack of legal aid institutions are still the main obstacles. This study aims to analyze the obstacles and strategies to improve access to legal aid for the community in the two villages. The research method used is a juridical-empirical approach, by analyzing laws and regulations and conducting empirical studies on the implementation of legal aid in the field. The results show that the main challenges lie in the lack of legal aid organizations, complicated administrative procedures, and public distrust of the legal system. As a solution, this research recommends strengthening the role of paralegals, providing village-based legal aid services, and utilizing digital technology to expand access to legal information. With this strategy, it is hoped that access to justice for the poor can be better guaranteed.

Deepening the data divide: Marginalised perspectives and non-profit priorities in Australian data sharing reforms

This paper investigates open public data and data sharing reforms in Australia (2018–2022) and their potential role in deepening the ‘data divide’. In the contemporary datafied welfare state, open public data and data sharing are increasingly vexed issues in times of data-driven artificial intelligence (AI). We scrutinise public consultation surrounding the establishment of the Australian Data Availability and Transparency Act 2022 (DAT Act). Through topic modelling and critical discourse analysis, the study examines the representation and concerns of marginalised groups in the reform process. We highlight the overlooked role of non-profits and civil society in the public data ecosystem. The analysis emphasises the significant yet unacknowledged contributions of these organisations in advocating for data equity and justice. We argue that responsible and equitable public data practices do not just depend on administrative and technical procedures for data sharing but are fundamentally entwined with the social and institutional hierarchies in which public data is produced and used. The study calls for greater inclusion and support for civil society organisations to bridge the data divide, contributing to broader debates on the merits and challenges of open data and data sharing practices within a data justice framework.

From CPTPP to US–Taiwan Initiative on 21st-Century Trade: The Evolution of Good Regulatory Practices and Its Implications for Taiwan

This paper examines the evolution and implications of Good Regulatory Practices (GRP) – otherwise known as ‘regulatory coherence’ in international trade agreements, focusing on the US-Taiwan Initiative on twenty-first-Century Trade. By comparing GRP frameworks in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the United States–Mexico–Canada Agreement (USMCA), and the US–Taiwan Initiative, the paper highlights the challenges of integrating GRP into Taiwan’s legal system. The analysis reveals significant disparities between GRP requirements and Taiwan’s existing Administrative Procedure Act (APA) in key areas such as public consultation, regulatory impact assessments (RIAs), and sunset review mechanisms. The paper also explores potential ramifications for Taiwan’s export control regime, particularly for dual-use technologies like semiconductors, revealing tensions between GRP’s transparency and public consultation demands and confidentiality needs. While GRP aims to enhance regulatory quality and facilitate trade, its implementation in Taiwan necessitates complex legislative adjustments. This paper provides a foundation for future research on aligning Taiwan’s legal framework with GRP principles, considering its unique blend of US and German legal influences. The findings have broader implications for understanding the complexities of implementing GRP across diverse legal and administrative systems globally.

Legal Study of Land Redistribution Policy as Land Reform Object: State Administrative Law Perspective

The land redistribution policy under land reform is a government effort to achieve equitable land ownership in the Unitary State of the Republic of Indonesia, as well as to improve the welfare of the Indonesian people. In practice, this policy often faces various legal and administrative challenges that can hinder its effectiveness. This study aims to analyze the mechanisms of administrative law in implementing the land redistribution policy under land reform, identify legal and administrative challenges encountered, and evaluate legal protections for beneficiaries in facing disputes or third-party claims. The method used in this research is a normative juridical approach with qualitative analysis techniques. The findings of this article indicate that the administrative law mechanisms in land redistribution still require improvement, particularly in inter-agency coordination and procedural transparency. Legal challenges include unsynchronized regulations, inadequate oversight, and budget limitations, while administrative obstacles relate to complex bureaucracy. Additionally, legal protections for beneficiaries remain suboptimal due to weak legal certainty regarding ownership status and potential conflicts with third parties. The conclusion of this article is that administrative procedure simplification and regulatory strengthening are necessary to ensure the effective implementation of the land redistribution policy. The recommendations provided in this article include enhancing coordination among relevant agencies, reforming the agrarian administration system, and providing stronger legal protection for beneficiaries to reduce potential disputes. This article is expected to serve as a reference in the development of land redistribution policies in the Unitary State of the Republic of Indonesia.