Administrative Responsibility Research Articles

On the question of administrative-delicit law of Ukraine

The article notes that the active development of social relations affected the renewal of the doctrinal foundations of Ukrainian administrative law, as a result of which there are constant discussions in the modern science of administrative law of Ukraine, including those directly related to administrative-legal relations. And therefore, the prospects of administrative and legal science, as well as the fields of administrative law, are connected with modern tasks that science sets before itself in accordance with social requirements, which must be solved, including through the application of measures. It is emphasized that administrative law regulates a significant number of different social relations, among which a special place is occupied by administrative-delict relations, which cover a variety of relations that are subject to the norms of administrative law, which is currently in the stage of systemic reform and is mostly connected with relations to ensure implementation of human and citizen rights and freedoms, consideration of administrative disputes, application of measures of administrative responsibility, bringing to disciplinary responsibility persons of public law. Attention is drawn to the attempts to reform the administrative-tort legislation, since the codified act of the administrative-tort legislation adopted in Soviet times does not meet the realities and requirements of today. Therefore, the issue of updating the administrative-delict legislation occupies a prominent place in the scientific developments of domestic legal scientists. Existing scientific discussions on the separation of administrative-tort law into an independent branch of law exist to this day, but we must state that administrative-tort law, despite its own specificity, a significant number of various functions (regulatory, binding, permitting, protective, educational etc.), is a sub-branch of administrative law, which has a special subject of legal regulation, which is a set of legal norms that regulate relations arising from the doctrine of administrative tort. It is emphasized that the formation of modern administrative-delict law involves interaction with the institutions of administrative responsibility provided for by the sectoral norms of laws, which may include the procedure of bringing a person to administrative responsibility, completely different from that regulated by the Code of Administrative Offenses, which requires new theoretical views on the establishment of a system of administrative penalties.

Теоретическое осмысление социальных функций административной ответственности: негативные и позитивные аспекты

The article attempts to consider the social functions of administrative responsibility from the perspective of the general theory of law and legal responsibility, taking into account the negative and positive aspects implemented within the framework of administrative procedural legal relations. The author’s understanding of the functions of law, positive and negative forms of legal and administrative responsibility is given, a new original view is proposed on the protective functions of administrative responsibility, which have a socially oriented orientation, ensuring the regulation of public relations, including taking into account conceptual approaches to improving control (supervisory) activities. As a scientific discussion, it is proposed to identify three protective functions of administrative responsibility in administrative procedural legal relations, ensuring its negative impact.

К вопросу о совершенствовании административной ответственности за нарушение прав в сфере интеллектуальной собственности

The article analyzes the institute of administrative responsibility for violations of copyright and related rights. Special attention is paid to the problem of administrative and legal protection of personal non-property rights of the author. The author offers legal and technical solutions to improve the designs of the existing structures of administrative offenses infringing on copyright and related rights, including the allocation and specification of admi-nistrative responsibility for violation of personal non-property rights of the author

Вина юридического лица в административном праве: постановка проблемы

Introduction. The author considers the main contradictions of legal regulation of the institute of guilt of a legal entity in administrative law. The relevance of the problem is due to the lack of legislative certainty in the construction of the guilt of a legal entity, which leads to ambiguous law enforcement practice, violation of the principles of justice and presumption of innocence in bringing the specified subject to administrative responsibility. The purpose of the article is to analyse the ‘models’ of guilt of a legal entity in administrative, tax, civil legislation, as well as to identify the problem of harmonisation of current legislation, law enforcement practice, including in order to change the vector of fiscal orientation of state policy when bringing to administrative responsibility of a legal entity. Methods. General scientific (analysis, synthesis, systematisation) and private-scientific (formal-legal, comparative-legal) methods of scientific cognition allowed to rethink theoretical, practical aspects and approaches to the definition of guilt of a legal entity in administrative law. Results. The main problems of legal regulation of the institute of guilt in administrative law are formulated in this research. It seems that in order to bring law enforcement practice in line with the fundamental principles of administrative responsibility – legality, fairness, presumption of innocence – the guilt of a legal entity, as a legal category needs to be harmonised. The legislative construction of the model of guilt of a legal entity should ensure that the balance of private and public interests of the state is observed for the purpose of economic and political stability.

Законодательная регламентация вопросов противодействия новым формам девиантного поведения в сети «Интернет»

Introduction. The article deals with the problem of legislative counteraction to new forms of deviant behavior that have recently appeared in the information space of the Internet. Trash streams represent the greatest public danger among its currently existing varieties. With the application of general scientific and private scientific methods, as well as the method of systemic formal- legal analysis, an attempt was made to determine some general provisions concerning the possibility of bringing the organizers and participants of trash streams to criminal, as well as in some cases to administrative responsibility. From the position of the theory of criminal legal science, as well as the currently available law enforcement practice, a number of draft laws prepared by the public and legislators, which are currently being considered as legislative initiatives, have been analyzed. In particular, the draft law on introducing alterations and additions to criminal legislation, proposing to establish criminal liability for committing such acts on the Internet. The subject of the study is federal laws, regulations and documents governing social relations in the field of combating criminal manifestations of deviant behavior on the Internet. The material base of the study was formed by the works of domestic forensic scientists devoted to the problem under study, as well as periodical press materials, judicial and investigative practice. Methods. The methodological basis of the study was formed by the basic provisions of the dialectical method of cognition, general scientific and private scientific methods, such as comparative-legal, concrete-sociological, formal-logical, systemic and historical, which made it possible to state some general conclusions. Results. As a result of the research the relevance of the systemic formal-legal approach has been established, starting from the legislative fixation of the concepts related to the signs of trash streaming, an attempt has been made to formulate the general conditions of criminalization of this kind of phenomena, legislative initiatives and proposals aimed at combating trash streaming have been named and analyzed. In addition, the conclusion is drawn of the complexity of criminal legal qualification of trash streaming as an act enshrined in the Criminal Code of the Russian Federation in the form of a specific criminal law norm due to the formal absence of indicia of public danger and illegality, as well as the need for further work on draft laws, taking into account, among other things, the opinion of the scientific community.

Curriculum Innovation: A Standardized Experiential Simulation Curriculum Equips Residents to Face the Challenges of Chief Year.

A chief resident's role incorporates administrative, academic, and interpersonal responsibilities essential to managing a successful residency program. However, rising chief residents receive little formal exposure to leadership training. To (1) define leadership styles; (2) understand the effect of cultural competence on leadership styles; (3) learn effective methods to advocate as the chief resident; (4) provide effective peer feedback; (5) provide effective supervisor feedback; (6) learn effective conflict management; (7) ensure psychological safety. We developed a 1-day curriculum combining didactics and simulation activities for our program's rising chief residents. Implementation of our curricular design included a morning session focusing on small groups and didactic-based lectures on specific topics pertinent to leadership, along with a debriefing of a psychometric evaluation tool administered before the curriculum day. The simulation activity consisted of 3 group objective structured clinical examination (G-OSCE) scenarios: (1) providing a struggling junior trainee with feedback; (2) debriefing an adverse clinical outcome as the team leader; (3) navigating a challenging situation with a supervising physician. Standardized participants were surveyed for specific objectives. Learners completed precurricular and postcurricular surveys on their familiarity and preparedness for their chief year. Comparison of preintervention (n = 16) and postintervention (n = 10) data shows improvements in familiarity with leadership models (p = 0.006), cultural competence in leadership (p = 0.027), and team organizational structure (p = 0.010) with notable improvement in report of advocating for the team to 100% of participants in the postcurricular survey. In addition, although not statistically significant, familiarity with specific strategies for feedback delivery improved (p = 0.053), as did learner comfort levels with feedback delivery (comparing 51% of learners were either very or somewhat comfortable precurriculum to 90% postcurriculum). This is further supported by standardized participant data after the G-OSCEs. Although familiarity with wellness resources did improve across learners (p = 0.421), learner-reported use of wellness resources was noted to be reduced after the curricular intervention and remains a result of further interest for exploration. A 1-day leadership development curriculum combining didactics and simulation is an effective means of preparing rising chief residents to succeed in their transition to this leadership role.

Streamlining Organization Tasks: A Grounded Theory on the Perspective and Coping Mechanism of School Administrators in Response to DepEd Order 002, s. 2024

In order to cope with organizational changes that simplify administrative work, educators and administrators must be resilient (Towler, 2021). Recently, public school teachers in the Philippines were relieved of administrative responsibilities, as ordered by the Department of Education (DepEd Order 002, s. 2024), and the responsibility is transferred to school administrators and non-teaching staff. According to the Department of Education (DepEd), administrative responsibilities include all tasks necessary to run schools efficiently while utilizing the fewest resources possible. These obligations include activities, services, and programs that are geared toward problem-solving; they have nothing to do with academics or the educational system. Through in-depth interviews and focus groups with school heads in the public institutions, the research utilized grounded theory to comprehensively explore the impact of shifting administrative responsibilities from classroom teachers to school heads and non-teaching personnel as well as their coping mechanism within educational institutions. This allowed the researcher to develop theories based on the data collected (Cooke, 2014). This study's generation of themes and theories led to the creation of a framework for efficient coping strategies with organizational activities that require flexibility and ongoing modifications. In order to strengthen an adaptive organization, the data collected from the respondents also contributed significantly to the conceptualization of the Modernized Educational Resiliency theory.

TÌNH TIẾT TĂNG NẶNG TRÁCH NHIỆM HÀNH CHÍNH

Administrative responsibility refers to the negative legal repercussions imposed by the State on entities for their administrative violations. The practical implementation of laws pertaining to the penalization of administrative offences has demonstrated that considering both mitigating and aggravating factors for individuals and organizations guilty of such violations is both effective and necessary to distinguish the levels of administrative accountability. This article identifies shortcomings in the legal stipulations concerning the aggravating factors of administrative responsibility and suggests potential areas for enhancement.

ONLINE TASK SEGREGATION AND RESOURCE UTILIZATION IN A UNIVERSITY

The Online Task Management System (OTMS) is built to organize an organization resource and therefore enhance assignment’s performance by assigning, the required tasks, identify users, their full details, and even their working progress while estimating their working performance. The proposed system also compliments the interaction between the administrators, users by providing an efficient interface to accomplish goals on the web hassle freely. OTMS covers all activities related to the search for, finding, distribution, monitoring, and forecasting of the performance of every organizational asset. It is the responsibility of administrators to ensure that the school has a proper data base system in which the performance of the peer can be determined from. Thanks to the machine learning solution, this system can even predict such organizational performance based on individual peer analysis, which in turn is helpful in the organization’s growth. KEYWORDS: Allocation, Resources, Scheduling and Tracking.

Compliance in the public sector from a systemic perspective: a bibliometric analysis

The objective of this bibliometric analysis was to investigate the development of publications on compliance, systemic view, and the public sector, using the Scopus and Web of Science databases. The aim was to identify the productivity of authors, the frequency of keywords, the geographical distribution of publications, and the temporal evolution of studies. The methodological procedures included the definition of databases, selection of constructs and related terms, inclusion and exclusion criteria, data collection, and analysis. The results show that publications on these topics began to gain relevance from 2000 onwards, intensifying between 2019 and 2023. The United States leads the scientific production, followed by China and the United Kingdom. The study also indicates the researchers with the highest number of publications on the topic. The most frequent keywords were "regulate", "governance", "policy", "system", "theory", and "sustainable". The analysis indicates the growth of research in these topics, demonstrating their importance in promoting transparency, responsibility, and efficiency in public administration, as well as the need for effective and ethical public policies.

Problematic aspects of attorney’s participation in pre-trial investigation under martial law

According to Article 59 of the Constitution of Ukraine, everyone has the right to legal aid. In cases provided for by law, this assistance is provided free of charge. Everyone is free to choose a defender of their rights. The Bar operates in Ukraine to ensure the right to defense against accusations and to provide legal assistance in resolving cases in courts and other state bodies. These provisions of the Constitution of Ukraine are duplicated in Article 20 of the Criminal Procedure Code of Ukraine. According to this provision, a suspect, accused, acquitted, or convicted person has the right to defense, which consists in providing him or her with the opportunity to provide oral or written explanations regarding the suspicion or accusation, the right to collect and submit evidence, to participate personally in criminal proceedings, to use legal assistance of a defense counsel, and to exercise other procedural rights provided for by the CPC of Ukraine. Thus, the direct duty of law enforcement agencies is to protect the legitimate rights and freedoms of a person regardless of his or her gender, nationality, language, citizenship, age, social origin, political beliefs, etc. At the same time, the protection of the rights, freedoms and legitimate interests of a suspect, accused, defendant, acquitted person, a person in respect of whom compulsory medical or educational measures are to be applied or the issue of their application in criminal proceedings is being decided, a person in respect of whom extradition to a foreign state is being considered, as well as a person being brought to administrative responsibility during the consideration of an administrative offense case is carried out by an advocate. This is, in particular, stated in the Law of Ukraine «On the Bar and Practice of Law» № 5076-VI of July 05, 2012. Taking into account the above provisions, it is important to identify and analyze the problematic aspects of the participation of an attorney-at-law in pre-trial investigation in accordance with the current legislation of Ukraine in the context of the introduction of martial law in Ukraine (Decree of the President of Ukraine «On the Introduction of Martial Law in Ukraine» approved by the Law of Ukraine of February 24, 2022 № 2102-IX).

Responsibilities of the Notary for the Deed of Will that He Makes Violates the Absolute Rights of the Heirs (Legitieme Portie)

The testamentary grant is a grant regarding goods whose ownership rights only pass to the grantee after the grantor dies. So that if you pay attention to the provisions in Article 875 BW, then the testamentary grant must be made by or before a Notary. then the problem that arises is how the legal consequences of the grant deed that violates the absolute rights of the heirs (Legitieme Portie) and how the Notary's responsibility for the testamentary grant deed that violates the absolute rights of the heirs (Legitieme Portie). Research Method The research method used in this writing is normative juridical by examining library materials or secondary data. The results of this research show that in written law, referring to the explanation and provisions in 1320, the deed of testamentary grant that violates the legitieme portie is considered null and void by itself and is considered to have no binding force from the beginning. Then the liability of Notary includes civil, criminal, administrative responsibilities based on the Notary Office Law, and the Notary Code of Ethics.

Perceptions of Stakeholders Regarding Use of ICT in Teachers’ Professional Development: A Qualitative Study

Due to the emerging usage of technology in the field of teaching and learning, it become mandatory for teachers to utilize ICT in every aspect. The purpose of this study is to find out teacher usage of ICT in their teaching methodologies for their professional development, it is also aimed to find out administrational cooperation with teachers integrating ICT for their professional development. A phenomenological research design was used. The researcher purposefully selected 05 teachers and 05 heads of the institutions to be interviewed as a sample of the study. Semi-structured interviews were conducted with teachers and heads of the institutions. Thematic coding of data was applied as part of the data analysis process. Seven overarching categories or themes surfaced, including teachers’ perception of ICT, teaching methodology, and better learning outcomes. The results revealed that teachers view ICT as valuable in teaching, and using school management resources effectively. However, others struggle with using ICT due to time and effort consumption. It also emphasized, the struggles with lesson plans requiring ICT but believes it takes longer to achieve targets. Teachers must develop methodologies aligned with their subject and content. The idea aims at the administrative responsibility of the principal in supporting and motivating teachers to adopt new technology and incorporate ICT in their lesson plans successfully. The recommendation is to prioritize ICT competency in teacher hiring, irrespective of grade level, and involve all stakeholders in the implementation of ICT developmental programs, ensuring appropriate usage for teachers.

Legal responsibility for violation of the legal regime of sanitary protection zones in Ukraine

This article examines the specifics of legal liability for violations of the legal regime of sanitary protection zones in Ukraine, as well as the main directions for improving the relevant legal regulation. Sanitary protective zones perform an important security function in separating potentially harmful objects from places of residence and stay of people. In this regard, a special legal regime is established on their territories, which provides for significant restrictions on their economic use. Non-compliance with the established requirements regarding the legal regime of sanitary protection zones is the basis for bringing guilty persons to legal responsibility. Currently, there are no special provisions in the current legislation of Ukraine regarding liability for violations of the legal regime of sanitary protection zones. In this regard, legal responsibility for illegal actions in this area is covered by sanctions for committing violations in the field of environmental protection of a “general nature” (violation of sanitary standards; arbitrary occupation of a plot of land; violation of environmental safety rules; design or operation of structures without protection systems environment; violation of land use rules, etc.). Therefore, there is a need to formalize the composition of offenses that are already provided for in the normative legal acts on the regulation of the legal regime of lands of sanitary protection zones, the codification of legislation on administrative responsibility for violations in the field of environmental protection, the introduction of special sanctions for violations of the legal regime of sanitary protection zones zones, as well as the unification of relevant provisions of Ukrainian legislation with the law of the countries of the European Union.

Administrative liability for violations of civil firearms circulation rules as a component of state control

The article provides an analysis of the compositions of administrative offenses in the sphere of circulation of civilian firearms. During the research, a number of problematic aspects were identified that could negatively affect the application of the relevant provisions of the Code of Ukraine on Administrative Offenses, and a series of proposals were put forward to address these gaps. In particular, the publication emphasizes the need to differentiate in Article 85 of the Code of Administrative Offenses the administrative responsibility for violations of hunting rules depending on the type of animals that have been hunted or attempted to be hunted by the subject of the respective offense, taking into account the rates for calculating the compensation for damages caused as a result of violations of legislation in the field of hunting and game management (except for species listed in the Red Book of Ukraine). The paper also highlights the expediency of differentiation of liability in the aforementioned article of the Law for Fisheries with the use of firearms based on the criterion of causing or not causing damage to ichthyofauna by relevant actions. Furthermore, the author proposes to amend Article 174 of the Code of Administrative Offenses regarding the use of firearms in the following version: ‘Shooting with firearms in an uncleared area of a populated area, in an uncleared area outside a populated area, or in a cleared area in violation of the established procedure’ and to differentiate responsibility in the specified norm depending on the place of commission of the administrative offense as a feature of the objective side. Moreover, with the aim of improving and enhancing the effectiveness of the application of administrative-legal prescriptions, the scientific article focuses on the controversial aspects of the object, objective side, and subject of the composition of the administrative offense envisaged by Article 190 of the Code of Administrative Offenses; normative formulation of the title and disposition of Article 192 of the Code of Administrative Offenses; the circle of persons constituting the subjective composition of administrative offenses envisaged in Articles 191–195 of the Code of Administrative Offenses; sanctions for committing administrative offenses provided for in Parts 1, 2, 4 of Article 85 and Articles 174, 190–195 of the Code of Administrative Offenses.

ОСНОВНЫЕ ПРОБЛЕМЫ РЕАЛИЗАЦИИ МЕХАНИЗМА АДМИНИСТРАТИВНОГО НАКАЗАНИЯ В ВИДЕ АДМИНИСТРАТИВНОГО ВЫДВОРЕНИЯ ИНОСТРАННЫХ ГРАЖДАН ИЛИ ЛИЦ БЕЗ ГРАЖДАНСТВА ЗА ПРЕДЕЛЫ РОССИЙСКОЙ ФЕДЕРАЦИИ

In the article, the authors consider the mechanism for the implementation of the administrative expulsion of foreign citizens or stateless persons outside the Russian Federation as one of the types of administrative punishment. The authors reveal the concept, content and forms of such a measure of administrative responsibility as administrative expulsion. The article defines a list of the main problems of implementing the mechanism of administrative punishment in the form of administrative expulsion of foreign citizens or stateless persons from the Russian Federation and suggests ways to solve them.

Административная ответственность за неуплату административного штрафа в установленный срок: к вопросу о наличии состава правонарушения при неуказании реквизитов для уплаты

In the context of the need to achieve the objectives of administrative responsibility and the proper implementation of the fundamental principles of public law regulation, the author of the article substantiates the conclusion that the actions of the person who committed the nonpayment of an administrative fine within the prescribed period if the subject of administrative jurisdiction does not specify the details for payment in the decision on the case of an administrative offense, the composition of an administrative offense provided for in Part 1 of Article 20.25 of the Administrative Offense Code of the Russian Federation.

A Career or a Transient Job? The Role and Development of Faculty Members in University-Based Principal Development Institutions in China

Purpose This study examines the role and development of faculty members in university-based principal development institutions in China to elucidate the Chinese experience of educational leadership development and the tensions and challenges faced by the faculty of such institutions. Design/Approach/Methods Interviews with 34 faculty members from five state-authorized university-based principal development institutions were conducted. Findings Faculty members in principal development institutions fulfill a variety of complex, time-consuming, and taxing administrative, professional, and service responsibilities. In China, principal development institutions are affiliated with universities, and their faculty members are subject to university regulations on career sustenance and advancement. However, standards for administrative and academic promotion have no bearing on the sustainable improvement of principal development programs. Originality/Value This study is the first to describe the roles and development of faculty members in university-based principal development institutions in China. Knowledge of the unique structure of such programs and the experiences of faculty members may provide insights into how university-based principal training institutions can better utilize faculty to enhance program quality.

Factors that affect the accuracy of submitting SKPK Treasurer Accountability Reports to the Aceh Tamiang Regency Government

The application of accounting standards in the country in the management of regional finance has an impact on regional budget implementation responsibility reports (APBD). This type of research is quantitative descriptive and describes the relationship between independent and dependent variables. Meanwhile, human resource factors, treasurer facilities, and infrastructure, treasurer's term of office, regulations, the intensity of management training, and accountability of SKPD treasurers, as well as unclear roles in the Aceh Tamiang district government have a big influence—the impact of the timeliness of submitting regional government accountability reports. In several cases, the variable intensity of administrative training and responsibilities of SKPD accountants (X5), as well as the ambiguity of the role (X6) produced a positive impact on the timeliness of government reporting in the regions.

On the improvement of emergency legislation regulating the protection of the state from external aggression

This paper examines the issues of improving emergency legislation regulating the protection of the state from external aggression. Issues of ensuring the security of the state in modern conditions are becoming particularly relevant due to the increasing threats from third states. This circumstance necessitates the existence of an integrated system of norms governing the concept, types, and content of relevant administrative and legal regimes, as well as the grounds and procedure for their introduction, the nature and scope of restrictions established to ensure them, procedures and limits for the application of protective measures and the grounds for termination of such emergency regimes. The article analyzes the concept of “special military operation” and its relation to related terms. The author pays special attention to the systematization of the imposed restrictions depending on the response mode (level). Special attention is paid to administrative responsibility for violation of the established restrictions in accordance with the accepted level of response. Conclusions on the improvement of legislation are formulated.