Administrative Regulations Research Articles

The regulatory and protective nature of administrative and procedural legal relations

The article attempts to analyze administrative and procedural legal relations from the point of view of characterizing the ratio of their regulatory and protective nature.The methodological basis of the article is dialectical, formal-logical methods, formal-legal method and method of interpretation of law.The paper calls into question the possibility of using the protective legal relationship as a basis for distinguishing procedural and material legal relations. The author argues that not all activities and actions that have a protective nature and are carried out in the process of public administration are procedural in nature. The assumption that the emergence of a legal process is connected not only with a protective legal relationship arising from noncompliance with obligations or the occurrence of other situations entailing the use of coercive measures, but also in order to ensure respect for the rights of participants in the process from abuse of power by persons making both interim and final procedural decisions is made. Ensuring the rights of participants in the administrative process is carried out by establishing specific administrative procedural actions, deadlines, administrative procedural decisions, procedural grounds for their adoption, etc. The legal process, including the administrative process, must be considered from the point of view of establishing the truth in the case, but at the same time guarantees must be provided that prevent the abuse of power by on the part of the ruling entity and the right on the part of all participants in the process. At the same time, administrative procedural regulation is aimed not only at establishing legal facts, comprehensiveness, completeness and objectivity of the consideration of an administrative case, but also at protecting the rights of persons involved in the case and ensuring their duties. Hence, the protective nature of administrative and procedural legal relations does not follow from the main substantive legal relationship, but from the corresponding purpose of protecting and ensuring the legitimate procedural rights and obligations of participants in the administrative process.Administrative and procedural legal relations, realizing the regulatory function of law, are formed on the basis of regulatory norms that provide for administrative and procedural rights and obligations of relevant subjects in the consideration and resolution of administrative cases. In addition to the fact that administrative and procedural legal relations are regulatory, they also have a law enforcement character. The regulatory function of administrative and procedural law is expressed in the establishment of not only administrative and procedural actions that should (can) be committed by the subjects of administrative and procedural legal relations when initiating, establishing circumstances, considering an administrative case, but also in their specific sequence, timing of commission, as well as types of administrative and procedural decisions, etc. The protective function of administrative and procedural law is to protect the administrative and procedural rights and interests of all participants in legal relations.Based on the above, the author comes to the conclusion that administrative and procedural legal relations are of a regulatory and protective nature.

Administrative Lawfare at the European Union’s External Borders: Some Perspectives on Administrative Regulation of NGO Search and Rescue Activities in Italy and the Situation at the Polish-Belarusian Border

Abstract Violations of the rights of migrants by state actors at the EU’s external borders, including through the use of pushbacks and indiscriminate violence, both on land and sea, have resulted in NGOs, lawyers and citizen activists engaging in forms of humanitarian action and legal mobilization aimed at contesting inhumane state policies. State actors can similarly rely on various legal tools to create a chilling effect and a hostile environment for migrants’ rights activism. Such practices can be considered to constitute a form of lawfare against migrants’ rights activism, an instrumental and hegemonic use of the law in order to weaken support for migrants. The use of criminal law has been a common tool of lawfare at the European Union’s external borders. However, administrative law is increasingly being used to bring activists into compliance with states’ interests, creating compliant environments through the use of regulatory instruments and administrative sanctions. To critically assess the instrumental use of administrative law as a form of lawfare, it makes sense to review their application at the EU’s external borders. A good opportunity for such a review is being provided by looking at the administrative regulation of search and rescue (SAR) operations in the Mediterranean creating a hostile environment for SAR NGOs in the case of Italy, and the instrumental use of administrative regulations to limit access for activists to the Polish-Belarusian border in the case of Poland.

Staying Out of Trouble: FDA Regulation of Orthobiologics and the Shoulder Surgeon

Food and Drug Administration (FDA) regulation of Orthobiologics can be challenging to interpret for the non-regulatory scientist. However, understanding how regulations apply to clinical use of these orthobiologic products is critical, as there are both ethical and legal ramifications to using orthobiologics in conflict with regulations. Recent FDA guidances have attempted to clarify these issues, although questions still remain regarding nuances in regulatory applications. FDA guidances, industry blogs, and relevant publications were searched for citations regarding recent orthobiologics and regulations. These sources were compiled into a current assessment of FDA regulations regarding the use of orthobiologics in the shoulder. Key to understanding these regulations is the FDA differentiation of human cellular and tissue based products (HCTPs) into 361 and 351 category products. While some controversy still exists, FDA has attempted to clarify these issues with several recent guidances. Of equal importance, FDA has ended enforcement discretion for many biologic products in June of 2021, creating a previously tolerated class of orthobiologics that now requires an Investigational New Drug (IND) application and subsequent Biologic License Application to legally market these orthobiologics. The Same Surgical Procedure Exception was further clarified in 2017 to exempt facilities from regulatory controls when specific guidelines are met. This article attempts to clarify the current thinking on FDA regulations and will allow the shoulder and elbow surgeon to stay within the current bounds of ethical and legal use of these products.

Peculiarities of the administrative and legal regulation of ensuring the preservation of the cultural heritage of Ukraine by local self-government bodies in wartime conditions

Peculiarities of the administrative and legal regulation of ensuring the preservation of the cultural heritage of Ukraine by local self-government bodies in wartime conditions

Administrative Law Regulation of Operations of Governmental Authorities as a Public Administration Attribute

Administrative Law Regulation of Operations of Governmental Authorities as a Public Administration Attribute

Considering Responsibilities: The Indonesian Government at the Intersect of Environmental Damage and Sustainable Development Goals

The purpose of this study is to investigate a pressing policy concern for the Indonesian government: environmental degradation. The study will focus on the law and its more advanced principles within the context of contemporary legal theory. Research methodology is known as yuridis normatif, which entails a focused examination of relevant documents to determine the relevant principles, standards, and guidelines, as well as theoretical frameworks and administrative regulations. The findings of this study suggest that governments should integrate environmental principles into environmental programs to avert ecological crises, update development policies to place equal emphasis on economic, social, cultural, and environmental factors, and reconstruct environmental law as a solution to environmental problems. The hope is that the research will contribute to a more thorough understanding of environmental law in the context of contemporary jurisprudence and shed light on pressing issues of government transparency and accountability in Indonesia. It is hoped that this research will provide a solid foundation for improving Indonesia's legal framework and legal practice to be more comprehensive and environmentally conscious.

Implementation and Effectiveness of Equalizing Echelon IV Structural Positions into Functional Positions at the Blitar Regency Culture and Tourism Service

The Blitar Regency Personnel and Human Resources Development Agency has made a new innovation, namely by creating a system of adjustment/Inpassing procedures, carrying out competency tests and determining requirements for Adjustment/Inpassing which are further regulated by the Head of the Functional Position Development Agency. The aim of this research is to determine the implementation and effectiveness of equalizing echelon IV structural positions into functional positions at the Blitar Regency Culture and Tourism Service. This research method is qualitative research. The research location was carried out at the Blitar Regency Culture and Tourism Service in carrying out the functions and duties of the Blitar Regency Culture and Tourism Office. Research data is in the form of secondary and primary data. Primary data was obtained from components related to the implementation of the equalization of echelon IV positions into functional positions. Secondary data is data obtained from various sources within the Blitar Regency Culture and Tourism Service in the form of documents, journals, archival book records, the presence of Blitar Regency Culture and Tourism Service employees, this is adjusted to research needs. Data collection methods used in research are interviews, observation, documentation. This research's analytical method uses qualitative analysis. The results of this research are that equalizing structural positions to functional positions is like a tsunami storm that hits the ranks of Structural Administrator Officials. When the Minister of Administrative and Bureaucratic Reform Regulation Number 28 of 2019 concerning the Equalization of Administrative Positions into Functional Positions was implemented, it gave the impression that the Regional Government was just watching and waiting to take action. So after the deadline appeared on December 1 2021, with limited time, the Regional Government of Blitar Regency inevitably immediately processed the equalization of positions.

Quality management in public administration. Legal and administrative regulations and effective process management

A quality-based public organisation creates its own quality culture, which determines the value-giving activities and processes and the behaviour and attitudes of their participants. This culture is created by the commitment of top management through its contribution to promoting a quality approach. An organisation that adheres to the principles of quality management standards is committed to identifying the processes within the quality management system, together with their sequence and interdependencies (process approach). By locating the necessary resources in the processes, it is possible to manage them in such a way as to deliver value and achieve results for the relevant stakeholders (customer orientation, relationship management). At the same time, the systems approach provides an opportunity for top management (leadership) to optimise them in the short and long term as a consequence of decisions taken. The aim is to continuously implement the measures necessary to achieve the set results and continuous improvement (enhancement). The quality management system provides the opportunity to apply the organisation's natural approach to effective and efficient management by defining monitoring methods and ways of evaluating them (fact-based decision-making). Also, in order to manage effectively and efficiently, it is non-negligible to involve employees at all levels. As participants in the processes defined in the sys-tem, they contribute directly to the results achieved (people involvement).

Some aspects of consıderable models of oıl and gas ındustry development

The article examines some assumptions and problems of the world economic theory, it is pointed out that these assumptions are based on the characteristics of the economic structure in different parts of the world where the distribution of world production and the global exchange of goods, services and other results of human activity take place, of course the oil and gas industry is not left out in this matter shown. Moreover, taking into account the importance of its impact on world politics, it has been pointed out that the field is one of the most relevant objects of economic analysis today. The characteristic features of modern globalization are given in the article. In such a situation, it was suggested that since the real scale of the application of methods that increase oil production in Azerbaijan is not able to prevent the deterioration of the structure of reserves, it will not be possible to make a big positive change in the exploitation of extractable reserves. The article also discusses the application of econometric models in economic research on the oil and gas industry. As a means of research and prediction of natural processes, the mathematical modeling method has been shown to be very widespread in oil and gas extraction. The observations made were summarized and it was shown that there is a systematic progress in the dynamics of the world economic system in the conditions of modern globalization, the main characteristic features of modern globalization were classified and given by the author, the creation of optimal conditions for the operation of the oil and gas industry as a result of the administrative and fiscal regulation of the state in the conditions of globalization was noted, and also the oil and gas industry some aspects of the theoretical models of the future development of the field have been studied and shown, taking into account its specific characteristics and in the context of the natural decrease of the volume of production. In the article, it was determined that one of the most important issues is the correct determination of the oil and gas reserves of the field, its calculation by separate reserve categories. Experience shows that it is very important to calculate these resources in different ways, to analyze the indicators of field development in detail, and to compare them with real indicators in order to implement one or another project indicators. The basis of these methods is the determination of reserves and their role in the technical-economic justification of the options for field development. This gives special relevance to such issues in the oil and gas industry and considers their constant improvement in the conditions of the market economy appropriate. The developed article is dedicated to the study of such issues.

Study on the Legislative Authority Allocation between China’s Central and Local Authorities

China has a unitary state system, dominated by the legislative power of the National People’s Congress (NPC). With the twice revisions of the Legislative Act of the People’s Republic of China, it is apparent that the delineation of legislative powers between governments at different levels has been more detailed. However, in practice, there still are some overlaps in the scope of China’s central and local legislative matters, a lack of clarity between the legislative authority of the local provincial People’s Congresses and their Standing Committees, and imperfections in the mechanism for resolving conflicts between local laws and administrative regulations, among other problems. This article mainly collects domestic and foreign representative literature by using the literature analysis method, historical research method, and comparative research method, to analyze the causes of the problems in the division of legislative competence of central-local authorities in China while considering the perspective of development and changes, and to propose practical solutions based on the history and the future development trend. Through research and analysis, this article points out some suggestions for the division of China’s legislative competence from three main aspects, based on the relationships between the NPC and the local People’s Congresses, the delimitation of the National People’s Congress and its Standing Committee, and the relationship between departmental rules and local regulations.

Eu(III)-functionalized metal–organic framework as a visual ratiometric fluorescence sensor for rapid discrimination and detection of multiple tetracyclines in agricultural products

The misuse of oxytetracycline (OTC), doxycycline (DOX), tetracycline (TC), and chlortetracycline (CTC) poses a serious threat to human health and it calls for rapid and visual methods. In this study, a novel ratio fluorescent sensor was constructed by simply combining Eu(III) with IRMOF-3. Spectral characterization and DFT theoretical calculations revealed different mechanism of interactions between the MOF-based sensor and different tetracyclines in detail. PCA analysis amplified these differences, enabling the simultaneous identification and differentiation of individual, binary or ternary mixtures of multiple tetracyclines. Subsequently, a rapid fluorescence sensing method (<5 min) for detecting OTC, DOX, TC, and CTC was established with low detection limits of 70, 75, 40, and 168 nM, respectively, which are all below the maximum residue limits by the European Union and the U.S. Food and Drug Administration regulations. A portable visual test strip was also conducted based smartphone with low detection limits of 1 μM, exhibiting an obvious color spectrum transition from blue to purple and finally to pink. Furthermore, the sensor was applied successful to pig feed, milk and veterinary drugs. The results showed good agreement with HPLC-MS/MS analysis.

Vertical fiscal imbalances, environmental regulations and resource allocation — in the Chinese context

ABSTRACT Vertical fiscal imbalances (VFI) in China have created significant challenges for resource allocation and environmental governance. This study investigates the impact of VFI on resource allocation in Chinese cities. Results show that VFI intensifies resource misallocation, particularly at the provincial compared to the municipal level. And VFI influences resource allocation via informal and formal environmental regulations, with public and administrative regulations mitigating effects, while supervisory regulations exacerbate them. The negative impact of VFI is especially pronounced in declining cities, non-industrial hubs, and regions with severe resource misallocation. Additionally, VFI and resource misallocation demonstrate negative spatial spillover effects. Our findings provide valuable insights into the influence of VFI across different administrative levels in China, highlighting the need for policy reforms to address these fiscal disparities.

ЧРЕЗВЫЧАЙНЫЕ СИТУАЦИИ СОЦИАЛЬНОГО ХАРАКТЕРА В МЕХАНИЗМЕ АДМИНИСТРАТИВНО-ПРАВОВОГО РЕГУЛИРОВАНИЯ ДЕЯТЕЛЬНОСТИ ОРГАНОВ ВНУТРЕННИХ ДЕЛ

World practice shows that terrorism and extremism, attacks on government institutions and govern-ment officials, riots and pogroms, sabotage and sabotage can take place in both leading and devel-oping countries of the world. Special state and law enforcement agencies have to act under extreme-ly dangerous conditions and conditions. The article examines the place of social emergencies in the mechanism of administrative and legal regulation of the activities of internal affairs bodies. The conclusion is made that the considered emergencies act as a legal fact in the form of illegal acts with an increased degree of public danger, giving rise to specific administrative legal relations that develop in the sphere of implementation by internal affairs bodies of state authority, which are not typical for everyday law enforcement activities. The criteria that distinguish social emergencies from everyday criminal situations are analyzed, and the author's definition of a social emergency is also given.

Административные акты нормативного характера

This article makes an attempt to characterize one of the types of administrative acts within the framework of the general typology of normative acts, which are important both in the doctrinal concept and in the practical activities of government bodies. The author sets himself the task of distinguishing between acts of delegated lawmaking (legislation) issued by executive authorities and administrative acts of a normative nature, which are not included in the concept of “by-laws” and belong to the type of administrative act. The article determines that acts that are not related to acts of delegated rule-making, but contain mandatory rules of conduct and act as acts of interpretation, have normative properties and are administrative regulations, the purpose of which is to organize law enforcement activities.

Correlation between Administration and Business

The article notes that one of the main strategic directions of the economic policy of the state is the full support of entrepreneurial activity, the creation of the necessary legal framework for administration to ensure economic independence and equality of entrepreneurs. It indicates the leading role of administration in providing these tasks. It is argued that the administration and the state of business in the country are interconnected phenomena. The article analyzes the state of legal regulation of relations between the state and business from the theoretical and practical side. The reader’s attention is drawn to the ways of state influence on business entities in order to protect the interests of business in the country. It is noted about the special role of administrative law in achieving a balance of public (state) and private interests (business). The authors reveal in detail the permission as a method of administrative and legal regulation of entrepreneurship in the country and give legal examples, statistics, judicial practice and public opinion on this matter, as well as reveal the licensing system of the Republic of Uzbekistan in the field of entrepreneurship. It is noted that the merit of the legislation on administrative procedures in the legal regulation of relations between the state and business. The topic under study is consolidated by the analysis of leading scientists in the field of administrative law, the experience of leading foreign countries, as well as the results of a survey of entrepreneurs regarding the implementation of the Law on Administrative Procedures. The topic under study is consolidated by the analysis of leading scientists in the field of administrative law, the experience of leading foreign countries, as well as the results of a survey of entrepreneurs regarding the implementation of the Law on Administrative Procedures.

Административно-правовое противодействие чрезмерному употреблению алкоголя как метод охраны здоровья населения

The article is devoted to the issues of administrative and legal regulation of the prevention of alcoholism, treatment of alcohol abusers, as well as measures to suppress illegal behavior associated with the use and circulation of alcohol. The issue of changing the legislation regulating the work of medical sobering-up stations is raised, and issues of the competence of government bodies in connection with countering excessive alcohol consumption are also examined.

Некоторые проблемы административного регулирования в сфере миграционной политики

This article analyzes some aspects of administrative regulations, establishes their significance, identifies some imperfections in their implementation, including non-compliance with the norms of administrative law, since most of them are not relevant, they do not have a single general procedure, sequence, specificity in the execution of administrative procedures, and some procedures are duplicated and arise significant problems in the implementation of migration legislation. The article considers the need for a comprehensive scientific study of the legal nature of administrative regulations, the need to study and define the general concept, the essence of administrative regulations and the importance of analyzing the classification of regulations.

Effectiveness of regulatory changes in administrative law during the war

Introduction. In the conditions of war, administrative law faces new challenges that require prompt and adequate regulatory changes. Traditional approaches to administrative regulation may not be effective enough, putting stability, security and law and order at risk. Adaptation of normative acts, procedures and mechanisms of administrative law to the conditions of war is an urgent need. The purpose of the paper is to determine the effectiveness of regulatory changes in administrative law during wartime, to analyze the impact of these changes on the functioning of state bodies and the protection of citizens’ rights, as well as to develop practical recommendations for improving the regulatory framework in wartime conditions. The results. The paper provides an overview of the main normative acts adopted in Ukraine during the war, such as the laws "On the National Security of Ukraine" and "On the Defense of Ukraine", as well as presidential decrees and resolutions of the Cabinet of Ministers. Their influence on administrative practice, in particular on mobilization measures, coordination between state bodies and protection of information resources, is considered. The analysis of international experience showed that other countries also implemented similar regulatory changes to improve the effectiveness of public administration in wartime conditions. The main problems and challenges faced by state bodies and citizens in the conditions of martial law have been identified. Based on the research of Ukrainian and international scientists, specific mechanisms and approaches for adapting administrative law to the conditions of war are proposed. Conclusion. The conclusions of the paper emphasize the need for a quick and flexible response of the regulatory framework to the challenges of war. It is recommended to create legislative and organizational mechanisms that will ensure the effective work of state bodies and the protection of citizens’ rights. The paper proposes concrete measures to increase the transparency and accountability of state bodies, which are critically important in wartime conditions. Prospects for further developments include research into the long-term consequences of the implemented changes and their impact on the stability of public administration in the post-war period.

On the correlation between the processes of public administration and state regulation: theory and Russian practice

The article discusses the key theoretical approaches to solving the issue of the correlation between the processes of public administration and state regulation. Their specificity is investigated, which, depending on the relations of ownership or departmental subordination, is either with direct control influence, or with the normative establishment of the order of activity and the implementation of control over its observance. The practice of administrative / regulatory influence is shown on the example of a number of state structures. Priority areas for improving the efficiency of public administration and regulation are proposed.

Administrative audit regulation and the quality of accounting information: Evidence from China securities regulatory commission’s random inspection system

Based on the “double random” inspection system implemented by the China Securities Regulatory Commission (CSRC) on accounting firms, our study uses staggered DID method to examine the effect of administrative audit regulation on the quality of corporate accounting information. The results suggest: (1) The administrative audit regulation can effectively improve corporate accounting information quality; (2) The mechanism test reveals that the administrative audit regulation improves the quality of accounting information by improving internal control; (3) Further study reveals that the governance effect of the administrative audit regulation is more pronounced for firms with non-Big four auditing, high risk of misstatement and more agency costs. Our study investigates the governance effect of the CSRC’s random inspection system on the quality of corporate accounting information, providing theoretical and empirical evidence for the effectiveness of administrative audit supervision from the perspective of corporate accounting information system.