Administrative Procedures Research Articles

Державне регулювання розвитку малих підприємств у контексті відновлення територіальних громад Одеської області

To date it is difficult to predict how small businesses will function in the post-war period. Thus, public regulation and support for small businesses in the post-war period becomes an extremely important issue. The article aims to propose the ways to improve public regulation of small businesses development in the context of the Odesa region’s territorial communities recovery. The author analyzes the research literature on the topic, makes a SWOT analysis of the Odesa region’s small businesses development. The ways for improving public regulation of small businesses development in the form of a model are proposed. The model includes the following components such as creating a small businesses support infrastructure; administrative procedures simplification; financial support; education and training; entrepreneurial ethics and culture development; partnership with local authorities and NGOs; stimulation of innovation and technological development.

Адміністративний договір в правовій сфері

In this article, we will consider the role and importance of administrative agreements in modern legal practice. The concept of administrative contracts, its main aspects and impact on the relations between state institutions, citizens and enterprises are considered. Special attention is paid to the legal regulation of administrative contracts, their types and the procedure for their conclusion. The article analyzes the role of administrative contracts in ensuring the rights and interests of the parties, as well as in the performance of their public functions. Practical aspects of the use of administrative agreements in various areas of governance are highlighted. This article will help the reader to better understand the essence and significance of administrative agreements in the modern legal environment. In addition, the article discusses the existing aspects of legal regulation of administrative agreements, especially in the context of changes in legal and judicial practice. The author also considers possible problems and prospects for the development of the institution of administrative contracts in the future. Based on the analysis of scientific sources, international experience, regulations and practical experience, the author draws conclusions about the effective use of administrative contracts in the legal field to achieve public goals and protect the interests of all parties to legal relations. Thus, this article will provide a clear overview and analysis of the current state of administrative agreements in the legal field, which will contribute to the further development and improvement of this institution. The analysis of the legal framework governing the conclusion and performance of administrative contracts is carried out with a focus on the key aspects of Ukrainian legislation and international experience. The types of administrative contracts, structures and procedures related to their conclusion, as well as the peculiarities of monitoring their implementation are taken into account. The article also discusses the problems and difficulties that arise in the implementation of administrative contracts in the current environment. In particular, the author examines issues related to the legality and legitimacy of such agreements, the possibility of abuse of power by public authorities, and the protection of the rights and interests of individuals. Particular attention is paid to the comparative analysis of administrative agreements with other forms of litigation, such as administrative and civil law agreements. This makes it possible to determine the features and advantages of administrative agreements in the regulation of social relations. The author also draws conclusions about the need to improve the legal regulation of administrative agreements and develop specific recommendations to improve the efficiency of their application. This article will be useful for lawyers, jurists, law students and anyone interested in administrative law and legal regulation of government activities.

Unleashing the Power of Artificial Intelligence and Automation in Public Administration

The study explores the use of automation and artificial intelligence (AI) in public administration and its potential benefits and constraints for government organizations. It discusses how automation and AI can revolutionize public administration by improving productivity, effectiveness, and service quality. The study provides an overview of automation and AI technologies, highlighting their strengths and weaknesses. It identifies key areas where automation and AI can be integrated into public administration, including policymaking, service delivery, decision-making, and citizen engagement. The advantages of using automation and AI in public administration are examined, such as data-driven policy decisions, streamlined administrative procedures, and enhanced service delivery through AI-powered chatbots and virtual assistants. Ethical considerations, privacy concerns, and job displacement are also addressed, proposing methods for ensuring ethical and equitable application of automation and AI. The study includes case studies from different countries that demonstrate successful applications of automation and AI, showcasing increased citizen involvement, transparency, and improved government services. It concludes by emphasizing the importance of strong leadership, collaboration between governmental organizations and technical experts, and ongoing research and development to maximize benefits and minimize risks. The study aims to provide insights and recommendations for policymakers, administrators, and researchers, contributing to the knowledge base on AI and automation in public administration.

Sustainability certification for renewable hydrogen: An international survey of energy professionals

Hydrogen produced from renewable energy is being promoted to decarbonise global energy systems. To support this energy transition, standards, certification, and labelling schemes (SCLs) aim to differentiate hydrogen products based on their system-wide carbon emissions and method of production characteristics. However, being certified as low-carbon, clean, or green hydrogen does not guarantee broader sustainability across economic, environmental, social, or governance dimensions. Through an international survey of energy-sector and sustainability professionals (n = 179), we investigated the desirable sustainability features for renewable hydrogen SCLs and the perceived advantages and disadvantages of sustainability certification. Our mixed-method study revealed general accordance on the feasible inclusion of diverse sustainability criteria in SCLs, albeit with varying degrees of perceived essentiality. Within the confines of the data, some differences in viewpoints emerged based on respondents’ geographical and supply chain locations, which were associated with the sharing of costs and benefits. Qualitatively, respondents found the idea of SCL harmonisation attractive but weighed this against the risks of duplication, complicated administrative procedures, and contradictory regulation. The implications of this research centre on the need for further studies to inform policy recommendations for an overarching SCL sustainability framework that embodies the principles of harmonisation in the context of multistakeholder governance.

Satisfaction of patients treated in a Physical Medicine and Rehabilitation department during the Covid-19 pandemic: a cross-sectional study

Background Patients treated in Physical Medicine and Rehabilitation (PM&R) departments benefit from global and multidisciplinary long-term care. The study of satisfaction represents an important element in the evaluation of the quality of the healthcare provided. The aim of this study is to assess the level of satisfaction of patients treated in the PM&R department of Sahloul university hospital of Sousse Tunisia as well as the associated factors during the year 2020. Methods We conducted a cross-sectional study, including patients treated in the hospitalization and the outpatient units of the PM&R department. Monnin and Perneger scale validated in Arabic was used to measure satisfaction in its different dimensions. Medical data were completed from patients’ records. Results A total of 240 patients were included in our study. The level of satisfaction was significantly higher with the admission procedures for inpatients compared to outpatients (87.9% vs. 60.0%, p<0.001). Regarding the global assessment, 82.1% of patients were satisfied. Multivariate analysis showed that for administrative procedures, consultation for outpatients was a factor of dissatisfaction (aOR=0.18, p<0.001). Patients’ physiotherapy treatment during the Covid-19 period was negatively associated with satisfaction for logistics (aOR= 0.44, p=0.011) and for the global assessment of health care provided in our department (aOR= 0.46, p=0.04). Conclusion Our study showed overall good levels of satisfaction in the department of PM&R of Sahloul. However, more studies should follow to determine other factors that can influence satisfaction.

A legal empowerment approach to improving access to justice for victim-survivors of sexual and gender-based violence

Sexual and Gender-based Violence (SGBV) is a prevailing problem in Sri Lanka and is a serious infringement of human rights. With the onset of the COVID-19 pandemic, there was a marked increase in the reporting of incidences of SGBV. Despite the critical need to address SGBV, the response of the criminal justice sector has been lackadaisical. The underdeveloped capacity of stakeholders within the criminal justice system results in victim-survivors of SGBV being revictimized throughout the criminal justice process. Victim-survivors are denied access to justice due to socio-cultural norms, the lack of legal awareness and complex administrative and legal procedures. Legal empowerment is a development concept that seeks to empower beneficiaries to not only know their rights but also develop their capacity and capability to exercise their rights. This article argues that a legal empowerment approach should be adopted in dealing with SGBV in order to ensure access to justice for victim-survivors of SGBV. The article further argues that in order to empower victim-survivors, legal empowerment activities must be undertaken at the individual, sub-national and national level wherein not only the victim-survivor but service providers of the criminal justice system are capacitated as well.

Административное усмотрение и административные процедуры: конец и вновь начало

The article studies the problem of correlation of administrative discretion and administrative procedures. It is shown that administrative procedures have historically emerged as a result of realization of administrative discretion of the heads of executive authorities. It is substantiated that both administrative discretion and administrative procedures can be defined as trust (degreeof trust) given to executive authorities and their officials. In conclusion, it is hypothesized that in the foreseeable future administrative-procedural and administrative-discretionary regulation will periodically replace each other.

Procedural form as a category of administrative law and procedure

Procedural form as a category of administrative law and procedure

Automated Invoice Data Extraction: Advancements and Challenges in OCR-Based Approaches

The Invoice Recognition System (IRS) is an innovative system that is poised to revolutionize automatic data extraction from invoices. The IRS expertly translates handwritten and printed invoice data into efficient digital formats, utilizing cutting-edge data capture techniques and Optical Character Recognition (OCR) technology. The IRS, built for businesses with huge invoice volumes, aims to significantly enhance financial and administrative productivity by reducing errors and eliminating the need for manual data entry. The system makes advantage of OCR precision to ensure that information is thoroughly interpreted and extracted, enhancing data accuracy and processing speed. The IRS appears to be a useful tool for improving complex financial and administrative procedures, thanks to its adaptability to various invoicing forms. Keywords: invoice recognition system,OCR(optical character recognition),Automation,Invoices.

The Influence of Perceived Service Quality Dimensions on Patients Satisfaction

The purpose of this study was to examine perceived service quality dimensions consisting of ambience, staff attitude, trustworthiness, outcome quality, administrative procedure, clinical procedure, price and billing, waiting time, resource availability, and information availability on patient satisfaction at Rumah Sakit Keluarga Sehat Tayu. The research approach uses quantitative with a questionnaire as a data collection tool. The sampling technique in this study used purposive sampling which obtained 196 respondents. The results of the study explain that perceived service quality dimensions consisting of ambience, staff attitude, trustworthiness, outcome quality, administrative procedure, clinical procedure, price and billing, waiting time, resource availability, and information availability have a very significant effect on patient satisfaction at Rumah Sakit Keluarga Sehat Tayu.

Pre-trial procedures in disputes on the protection of intellectual rights

Pre-trial conflict resolution procedures do not cease to be in demand, and the development of their legal regulation does not lose its relevance. Disputes on protecting intellectual rights are no exception, and most countries have established special pre-trial procedures. However, specific difficulties emerge when applying the legal norms related to pre-trial conflict resolution procedures in disputes on the protection of intellectual rights, which can be clearly demonstrated while studying the Russian experience using the mentioned pre-trial procedures. The paper aims to analyze and define the peculiarities of pre-trial procedures in disputes on protecting intellectual rights in Russia. Using systemic approach, as well as comparative legal and formal legal analysis allowed author to define the peculiarities of pre-trial procedures in disputes on the protection of intellectual rights in the Russian Federation: special requirement on the mandatory pre-trial claim procedure is a departure from the general approach, according to which such procedure is required for disputes arising from transactions or unjust enrichment, and is probably due to the complexity of these disputes; in the administrative pre-trial procedure of dispute examination in the Chamber of Patent Disputes the parties have a wide enough set of procedural rights and opportunities, and the procedure is quite close to the judicial procedure, and in some respects even exceeds it.

Bill on High Risk Suppliers

Abstract The subject of this article is the introduction of cybersecurity-related regulations on the providers of infrastructure for the provision of 5G technology services into the Polish legal system. In particular, the implementation of the recommendations of the report prepared by the Network and Information System Cooperation Group entitled Cybersecurity of 5G networks EU Toolbox of risk mitigating measures (referred to as the 5G Toolbox). Following the recommendations of the European Commission, Poland has undertaken work on introducing regulations that would implement the provisions of the 5G Toolbox regarding high-risk suppliers. An amendment to the Act on the National Cybersecurity System of 3 July 2023 (‘the Bill’) has been prepared, which includes recommendations of the 5G Toolbox. The article carries out an analysis to answer the question of whether the provisions of the Bill regarding proceedings in the case of the so-called high-risk suppliers are consistent with the Constitution and basic procedural principles, and in particular whether legal guarantees have been provided for participants in the proceedings regarding high-risk suppliers. The research hypothesis is that not all proposed regulations in this area meet the previously indicated requirements. The analysis takes into account the proposed regulations regarding: proceedings concerning recognition of a supplier as a high-risk supplier; application of the provisions of the Code of Administrative Procedure in these proceedings and the content of issued decisions and remedies. Mainly the dogmatic-legal method, as well as the theoretical-legal method, is used.

Public Law Liability of the Financial Market Supervisor

This article deals with the liability of the supervisory authority of the financial market. It could be questioned whether the supervisory authority, as the public authority, is liable for the supervisory performance. If the answer is yes, then the question is what kind of liability could be found and if any special conditions (prerequisites) are needed. In general, there could be two lines of public liability found. One is systemic liability for the safe financial market—e.g., financial market stability. The other perspective is individual liability for damages caused by unlawful administrative procedure or maladministration, where unlimited strict liability is granted. This kind of liability might be widely questioned, especially when the central bank is the supervisory authority, like in the Czech Republic, Slovakia, Hungary, and other EU member states. This article aims to evaluate the liability of the supervisory authority in the Czech Republic and Hungary concerning the European level of such liability.

Правовой аспект расширения сферы контроля иностранных инвестиций в Российской Федерации

The current political and economic background promotes a steady trend to strengthen control over foreign investments in the Russian Federation, both by expanding the scope of preliminary control (through specific administrative procedures where the governmental bodies decide whether an investment transaction is acceptable or not) and by tightening the consequences of violating the named procedure by foreign investors. The purpose of this article is to analyse the transformation of the legal regulation of foreign investment in connection with the need to protect national security and national interests of the Russian Federation.

Economic efficiency of rice production among the small-scale women farmers in the Federal Capital Territory, Nigeria

This study evaluated the economic efficiency of rice production among the small-scale women farmers in the Federal Capital Territory, Nigeria. A multi-stage sampling technique was used to select 100 small-scale women rice farmers. The primary data were collected with the aid of a well-designed and well-structured questionnaire. The data were analyzed using descriptive statistics, farm budgeting technique, financial analysis, the Stochastic production frontier efficiency model, and the Tobit dichotomous regression model. The results show that 88% of women rice farmers were below 50 years old. The mean age was 44 years. Averagely, they were small-scale farmers with 1.31 hectares of farm land. The labor input in man-days constituted the highest percentage of about 50.8% of the total costs of activities involved in rice production. The net farm income and gross margin ratio was estimated at 416,800 Naira and 0.63 respectively. This shows that the rice production by women farmers was profitable and worthwhile. The mean allocative, economic, technical efficiency scores were 50.3%, 50.8%, and 51.20% leaving the efficiency gaps of 49.7%, 49.2%, and 48.8% for improvement respectively. The significant factors influencing the economic efficiency of the rice production among women farmers include the following: – farm size, labor input, household size, seed input, fertilizer input, chemical input, farm experience, and access to credit. The major constraints encountered by women rice farmers include the following: inadequate credit facilities (1st), high cost of labor (2nd), high cost of fertilizers (3rd) and high cost of herbicides (4th). The study recommends that farm inputs such as improved seeds, fertilizer input, chemical input and herbicides should be made available to women farmers at affordable prices. Credit facilities devoid of rigorous administrative procedures at low interest rate should be made available to women farmers Keywords: economic efficiency, rice production, Tobit regression model, small-scale women farmers, Abuja, Nigeria

Farmer-Agropastoralist Conflict Escalation in Morogoro Region, Tanzania: A Structural and Process Analysis

In Africa, access to natural resources such as land, water, forest, and wildlife reserve areas is a key factor for socio-economic development. The scarcity and degradation of these resources in rural environments threaten human security, leading to conflicts. Conflicts between agropastoralists and farmers are increasing in Tanzania. This research deployed the Social Conflict Theory that embeds structural and process elements to address the question of why and how the conflict between farmers and agropastoralists has escalated into deadly violence in the Morogoro region, Tanzania. Qualitative and ethnographic research methods were used. Results demonstrate that the way farmers lose their land by illegal means (e.g., bribes, force and coercion, and deception and stealth) is a critical factor that contributes more to land resource conflicts. We argue that land resource-related conflicts in Tanzania cannot be explained solely by a single driver (e.g., limited land resources), but by a combination of drivers including the illegal mechanisms used to control access to land resources. Conflicts between farmers and agropastoralists in the Morogoro region escalated to violence following the general patterns and transformation dynamics (i.e., process variables) described in Social Conflict Theory. These process variables involve tactics shifting from light to heavy, goals shifting from specific to general, and involvement shifting from few to many. The analysis of conflicts by focusing on process variables (conflict dynamics) enabled the identification of new factors (culture and age of participant in the conflict) that helped explain why some conflicts between farmers and agropastoralists escalate to deadly violence. The study recommends the formation of a loose coalition (e.g., Elders’ Tribunal) which includes equal representation of members from the farmer and agropastoralist communities which may help solve the current conundrum caused by top-down administrative procedures and practices, which often leads to outcomes that are ineffective and unsatisfactory to all parties

The binding effect of judicial precedents on public administration from the perspective of the Administrative Procedure for Recognizing Liability (PARR)

The binding effect of judicial precedents on public administration from the perspective of the Administrative Procedure for Recognizing Liability (PARR)

Criteria for Assessing Administrative Discretion: Theoretical Issues, Russian and Foreign Experience

The current stage of development of administrative law requires an active role of public administration in resolving administrative cases. At the same time, its acts and actions must be controlled by the courts. As a result, the administration is not allowed to remain passive in the exercise of discretionary powers, since they are provided for solving managerial tasks and are implemented within the prescribed limits. In this regard, the managerial goal, for which discretion is used, and the limits of authority are presented as basic criteria that allow us to assess the legality of discretionary forms of public administration. Additional criteria must be used to verify them. The most important among them are the so-called principles of administrative procedures, primarily proportionality and protection of trust. The principles that define the procedure can also be used, they can be called technical. For example, these include avoiding excessive bureaucracy, saving money, etc. Basic and additional criteria are typical for many legal systems and are most justified in the theory of administrative procedures. It mainly characterizes the administrative law of the countries of the continental legal family, and relatively stable examples of its implementation are presented in the German and Austrian legal order. Of some interest are the new laws on procedures adopted already in our century in the countries of Central Asia (the Kazakh authorities were the last to do so). The adoption of laws on administrative procedures is a milestone in the development of the theory of administrative discretion, but it is more important that the approach to discretion is not denied by the courts. The practice of the Supreme Court of the Russian Federation is a positive step in approving the domestic version of administrative discretion and the theory of administrative procedures, which is developing in a continental way.

Public Benefit and Public Interest – Two Sides of the Same Coin?

Purpose: Driven by the question of how the concepts of public interest and public benefit differ, this paper delves into the Slovenian legal system. Through an in-depth analysis of legal concepts, national regulations, and case law from the Slovenian Constitutional Court and selected cases from the European Court of Human Rights, its aim is to illuminate the key differences between both terms. Ultimately, the paper seeks to establish fundamental guidelines for understanding the distinct meaning and application of each concept. Design/methodology/approach: The research is based on a content analysis research design, reviewing secondary literature sources. It employs qualitative methods by analysing the relevant theoretical points, rules, and constitutional case law in the Slovenian legal system, as well as selected European Court of Human Rights case law. The analysis focuses on identifying and extracting key theoretical arguments, legal definitions, and practical applications of both concepts. To distinguish between public benefit and public interest, the analysis adopts a comparative approach, examining how each concept is defined, applied, and balanced in different legal contexts. Additionally, synthesis is used to identify commonalities and divergences between different perspectives on these concepts. Finally, conclusions about the relationship between public benefit and public interest are drawn based on the analysed data. Findings: Public interest and public benefit are abstract concepts. The analysis of relevant Slovenian systemic regulations shows that the two are sometimes applied interchangeably. However, theory suggests that there are certain differences in terms of their tangibility and enforceability. Constitutional case law refers to both concepts in a general way without fully defining their content, yet it does not treat them as synonyms. Academic contribution to the field: Public interest and public benefit are central concepts of public administration science. Public interest is key in defining and shaping administrative relations decided in an administrative procedure. It represents the core value of the public sector, ensuring that its operations are legitimate. Public benefit, on the other hand, is the general benefit of an organised wider community, superior to the benefits of individuals and generally considered equivalent to substantive legality. As public and private interests collide, state intervention with appropriate regulation is necessary to protect the public benefit.Originality/significance/value: This research contributes to the understanding of the concepts of public interest and public benefit within the Slovenian legal system and is a novelty in the field as no such overview has been undertaken before. Its value lies in the analysis of Slovenian constitutional case law over the last twenty-two years and insights into European Court of Human Rights case law. The focus on European Court of Human Rights and Slovenian legislation and case law limits the generalisability of the findings to other contexts. This approach was chosen as much of the relevant legislation for this research is independent of EU influences. Nonetheless, being an EU member state, Slovenia’s legal framework shares some commonalities with other European systems. The added value of the analysis lies in its relevance for understanding how these concepts are treated in similar legal systems, offering valuable insights for comparative studies.

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.