Competitive Principle Research Articles

Preparation of Graphene Oxide Hydrogels and Their Adsorption Applications toward Various Heavy Metal Ions in Aqueous Media

Graphene oxide is a two-dimensional material that has been extensively studied in various fields due to its good mechanical properties, water dispersibility, and a large number of oxygen-containing functionalities on its surface. In this study, graphene oxide powder was prepared using graphite powder to take advantage of its large specific surface area and abundance of oxygen-containing functional groups. The graphene oxide powder was cross-linked with acrylic acid and acrylamide and polymerized to produce graphene oxide hydrogels, which were used to adsorb four metal ions including Cu(II), Pb(II), Zn(II), and Cd(II) from aqueous solutions. The adsorption performance of the graphene oxide hydrogels was investigated at different pHs, temperatures, initial metal ion concentrations, and competition principles, as well as their adsorption and desorption after three repeated adsorption–desorption experiments. It was found that the graphene oxide hydrogels exhibited good adsorption performance for all four metal ions under different conditions. The graphene oxide hydrogels for the adsorption of Cu(II), Pb(II), Zn(II), and Cd(II) ions were best fitted using the Langmuir monolayer adsorption model and the quasi-secondary reaction kinetic model. Good adsorption was achieved for all four metal ions under different competing adsorption principles. After three adsorption–desorption cycles, the adsorption capacity of the graphene oxide hydrogels for all four metal ions remained at 88% and above. These results indicate that graphene oxide hydrogels are a stable, efficient, low-cost, and reusable adsorbent material for the treatment of metal ions in solution.

Content and manifestation of the principle of competition in the civil procedure of the Republic of Moldova and foreign countries

The principle of adversarial law is one of the fundamental functional principles of civil procedural law that creates favorable conditions for clarifying all the circumstances that are significant for the case and for the court to make a reasoned decision. Analysis of the organization and functioning of modern civil proceedings on the basis of adversarialism and equality of the parties is of great importance for resolving the issue of directions for the development of this principle at all stages of the civil process. Taking into account the importance of the adversarial principle, the author reveals the features of the content and implementation of the adversarial principle in the civil process of the Republic of Moldova and foreign countries.

Analisis Perusahaan Jasa Konstruksi Terafiliasi dalam UU Jasa Konstruksi dan UU Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat

The economy of a country is closely related to economic transactions carried out by actors, namely producers, sellers and buyers. Such conditions increase the value of efficiency and reduce government costs due to community participation. This is in accordance with the objectives of Law number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and Law number 2 of 2017 concerning Construction Services. Therefore, it is necessary to examine the compatibility between Article 44 of the Construction Services Law and Article 22 of the Antimonopoly and Unfair Business Competition Law and the position of affiliated construction companies in tenders for government procurement of goods and services using the rule of reason and per se illegal approach. The research method in this journal is normative juridical, library research and comparative study. So it can be concluded that article 44 of the Construction Services Law prohibits affiliation between service users and service providers (collutive vertical) with an illegal per se approach while article 22 of the Antimonopoly and Unfair Business Competition Law prohibits affiliation with a rule of reason approach. The method of inviting or directly appointing a service provider can create an affiliation relationship between the user and the service provider which can be interpreted as a form of nepotism. All parties involved in the process of procuring goods and/or services by the government must follow the principles of fair business competition.

공공조달계약의 체결과 이해충돌 상황

The Act on the Prevention of Conflict of Interest prohibits public officials from pursuing private interests in connection with the performance of their duties. The Act aims to ensure fair performance of duties, and to secure the public's trust in public administration. It was enacted and went into effect on May 19, 2022. It is not easy to find precedents in comparative law for regulations regarding conflict of interest situations. In particular, defining and determining the scope of conflict of interest involves evaluation and judgment on very comprehensive issues, such as procurement contracts. Conflicts of interest in public procurement are an area in which violations of public official duties, criminal punishment, administrative sanctions, civil suits for damages, and issues of contract validity can be complexly connected, and a systematic review of legal principles related laws and regulations.
 In France, regulations on conflict of interest were established relatively late, but judgements established a specific precedent for conflict of interest in the area of procurement contracts. Administrative court's strong will to comply with the principle of open and fair competition was revealed in that it confirmed that if a conflict of interest is recognized through judgement, it can lead to termination of concluded contract. French law cases can give a reference in relation to case analysis and precedent issues regarding the situations of conflict of interest. This paper examine French regulations on conflicts of interest focusing on public procurement contracts, and discuss the resolution of legal disputes regarding compliance with the obligation to open and fair competition in the process of concluding public procurement contracts.

The Government's Priority Strategy on the Implementation of Sustainable Construction in the Likupang Special Economic Zone

The Indonesian government elaborates the concept of welfare by designing new areas that are created with the aim of accelerating and expanding economic development, to empower the potential of local wisdom by upholding the principles of sustainability, integration and competitiveness. The Likupang Special Economic Zone (SEZ) is one of the government's super priority projects and is the focus of supporting the development of the tourism sector in Indonesia, as stated in Government Regulation of the Republic of Indonesia Number 84 of 2019 concerning the Likupang Special Economic Zone. The government as a regulatory regulator forms a common understanding between the government and service providers, investors and the public. The purpose of this research is to formulate the government's priority strategy in implementing sustainable construction in the development of the Likupang SEZ. This research is a qualitative research using survey methods, interviews and Focus Group Discussion (FGD) using SWOT analysis and determining priority strategies using the McFarlan Grid method. This research produced ten government priority strategies which were determined based on the level of urgency of the strategy. This study concludes that 4 (four) strategies are strategic in nature, the top priority to be carried out immediately, 4 (four) strategies are key performance, that it is important to do but not urgent

Delegation and Directors' Reliance on the Performance of Others – A Companies Act 2008 Analysis in the Light of International Best Practices

South Africa has included in the Companies Act 71 of 2008 (the Act), provisions dealing with directors' delegation and reliance on the performance of others for their (the directors') own performance. In keeping with their role of managing the affairs of the company in terms of section 66(1) of the Act, directors must make decisions in the best interests of the company. Given the company board's strategic role in the company governance, as opposed to the day-to-day management done by the executive management, directors must rely on the performance of others to fulfil their role. These "others" include professional experts and company employees who can either provide guidance/specialist advice or to whom the board may delegate certain powers and authority to perform certain functions geared towards providing the board with a basis for decision-making. This article in the main interrogates the question whether South Africa has now established globally competitive legal standards of directors' delegation and reliance on the performance of others in line with company law reform objectives prior to 2008. One such objective is ensuring compatibility and harmonisation of the new company law with the best practice jurisdictions internationally as a way of promoting the global competitiveness of the South African economy. In this respect this article examines relevant laws in two foreign jurisdictions to provide a comparative aspect to the relevant South African company law aspects. First the article very briefly examines English law, which provides South Africa with its common law heritage of the duty of care, and it is argued that reliance and delegation relate to the irreducible minimum standard of care and the standard to exercise independent judgment. An examination of Australian statutory provisions on reliance and delegation is followed by a critical evaluation of reliance and delegation in section 76(4)(b)-(5) of the Companies Act 2008. It is concluded that South Africa has established globally competitive principles of reliance and delegation. Nonetheless, there are gaps in statutory reliance and delegation provisions under the Act, and lessons can be drawn from the best practices in Australian statutory and case law. Firm suggestions are made on how the gaps can be plugged and how the legal standards can be further tightened to enhance the global competitiveness of South African company law.

Appendices to the statement of claim: between demanding and exces-sive condency

Subject of the research. The article deals with the problems of access to court and violation of the adversarial principle in case of unreasonable decision by the court to leave the claim without movement. The purpose of the research: to determine the nature of possible violations of the principles of access to justice and competitiveness at the time of filing a claim and to identify a way to eliminate violations. Research methods: formal-legal method, anal-ysis, synthesis, formal-logical method.The main results. The procedural and legal consequences of noncompliance with the requirements for a statement of claim is the issuance by the court of a decision to leave the statement without movement, in which it indicates the grounds for this procedural action and the period during which the plaintiff must eliminate the circumstances that served as the basis for leaving the statement of claim statements without movement (part 1 of article 136 of the Civil Рrocedure Code of the Russian Federation). The problem is that an appeal against this ruling is not provided. In cases where the shortcoming of the submitted application is the absence of evidence in the annex to it, which is impossible for the applicant to obtain, the applicant will not be able to comply with the court order or appeal against the ruling issued by the court. In fact, the applicant is deprived of access to the court. In this situation, the plaintiff cannot count on any court assistance in obtaining (reclaiming) the necessary evidence: the court provides assistance in collecting evidence only at the stage of preparing the case for trial, i.e. after the case has been opened. The Constitutional Court of the Russian Federation did not see any problems in this situation, because it is impossible to independently appeal the ruling of a court of general jurisdiction on leaving the statement of claim without movement, however, failure to comply with the requirements specified in it is the basis for issuing a ruling on the return of the statement of claim, against which a private complaint can be filed. The paradoxical nature of such a statement that leaving the statement of claim without movement does not prevent the further movement of the case. In our opinion, the problem under discussion would be solved much easier if Article 136 of the Civil Рrocedure Code of the Russian Federation had provided for the obligation of the court to accept the statement of claim, that is, to initiate a civil case after the deadline set by the court for the presentation of evidence, provided that the applicant justifies the impossibility of obtaining requested documents for reasons beyond his control. Then it would be possible for him to receive the assistance provided by law from the side of the court. Otherwise, the person may lose access to the court. Conclusions. The court has the right to point out the shortcomings of the statement of claim, which is carried out by issuing a ruling on leaving the statement of claim without movement, indicating the deadlines for execution. If the plaintiff fails to submit the requested evidence within the time limit set by the court, the court returns the claim to the plaintiff. In this moment the balance in the implementation of the principles of competitiveness and judicial activity is violated. Therefore, it is proposed in this situation to accept the statement of claim after the expiration of the period appointed by the court for the provision of evidence, and to assist the plaintiff in obtaining it.

Competitive observance by the Russian Federation and the USA of the 1967 Outer Space Treaty

Introduction. Thе Russian Federation and the USA, being parties to the 1967 Outer Space Treaty, in their national legal acts refer to this source. Each of these states recognizes that the 1967 Outer Space regime is to be perfected, while having different legal outer space policy. The USA is a leader of the military outer space infrastructure and of creation national outer space legislation and separate international agreements (“The Artemis Accords”), thus imposing its own track to develop the 1967 Treaty.Materials and methods. This research addresses relevant international documents on international space law as well as acts of national legislation pertaining to the topic. Research results. In modern political conditions the quality of a state defense and its economic development is linked to the efficiency of the outer space infrastructure, including communication and reconnaissance satellites. While the U.S. intends to achieve military supremacy in the outer space, the 1967 Treaty seems to be a barrier to such intention although the U.S. provides its own interpretation of the Treaty. Another significant area of competition between Russia and USA in the outer space legal policy is the observance of the natural resources treaty provisions. According to the USA, a state is entitled unilaterally exploit the space resources, and its persons are entitled to commercial use of such resources based on national law. This position of the United States resulted in creation of its national legislation opportunities for natural resources activities in outer space. The Russian Federation continues to defend multilateral approach to the exploitation of space resources and to call upon strictly observance of the 1967 Outer Space Treaty. There are also competitive legal positions of the USA and Russia relating to the notion of “common province of mankind” provided by the 1967 Treaty.The main results. In this context, the paper after providing prolegomena to the competitive principle in international law, suggests some theoretical ideas for perfecting of the legal position of the Russian Federation as a response to the modern outer space legal policy of the USA.Discussion and conclusions. In the legal literature on this issue different views are assessed – from a radical rejection of the US model of behavior and continuation of efforts to strengthen the 1967 Treaty regime, to proposals to adopt a new national Russian legislation providing rights of persons to exploit the natural resources of celestial bodies, thus provid-ing incentives for private investors. This track leads to more competition with the USA, observing at the same time the 1967 Treaty as the “corpus juris specialis”.

Evaluation of Implementation of Organizational Culture, Leadership, and Employment Management

The research investigates the issue of implementing organizational culture at the current and future General Bureau of the Regional Secretariat of the Province of NTB. The research design uses a quantitative approach to analyze the implementation of organizational culture and its relation to leadership and employee management. The sample in this study was employees of the General Bureau of the Regional Secretariat of NTB Province, with as many as 59 employees. The collection technique was carried out using a questionnaire, and the data obtained were analyzed based on the Organizational Culture Assessment Instrument (OCAI). Empirical findings found that the organizational culture felt in the General Secretariat Bureau of the Province of NTB today is the market culture. The culture desired or expected in the future is clan culture. This finding identifies that employees now perceive leadership as a competitor and a strong driver, with the principle of competition in achieving productivity where all activities focus on organizational and consumer control. However, in the future, the culture that is expected to occur is that the workplace will become a pleasant environment for all. Leaders are role models who can provide needed guidance and facilities, so the leadership of the General Secretariat Bureau for the Province of NTB needs to prepare the following: 1) work involvement; 2) team development; 3) employee empowerment; 4) Development of Human Resources; 5) Organizational openness.
 
 Received: 17 May 2023 / Accepted: 29 July 2023 / Published: 5 September 2023

Identification of Dynamic Capability and Personal Competency to Develop Innovative Performance

The New Public Management Paradigm required the management of public sector organizations to transform by prioritizing the principles of competition, performance, and responsiveness in every bureaucratic behavior so that it could stimulate an increase in organizational performance results to become more effective and efficient. Seeing the demands for public administration reform, of course, the desires and demands of the community for the creation of public sector organizations that had high governance performance was increasing where this indicated the low performance of public sector management as an effort to achieve increased flexibility of public sector organizations in facing global challenges. This study aimed to identify dynamic management capability and personal competency to develop innovative performance. This study used a qualitative approach with a literature study method, a literature study consisting of detailed investigations, data collection of certain period of time, phenomena, and contexts to analyze the context and processes related to the theoretical issues being studied intrinsically from the literature used. This study concluded that there were cognitive dynamic capability and personal competence that must be possessed by public organizations to increase innovative performance in effective governance, namely thinking again, thinking ahead, and thinking across. These three factors encouraged transformational changes in governance that led to the formation of dynamic capabilities of Government/public sector organizations facing global challenges.

Online Marketplace's Role and Legal Responsibilities on 'Official Store' Restrictions To Implement Fair Competition Principle

In order to implement the idea of fair business competition, this article will analyze the function and legal obligations of online marketplaces in limiting commercial actors as 'official stores'. Normative juridical law research with statutory and conceptual techniques was used to create this study. According to the results, the distribution of commodities from producers to consumers has been altered by digital disruption. Currently, a number of online marketplace platforms offer 'official store' services to a small group of business players so they can expand their enterprises exclusively. Applying 'official stores' terms and conditions to business actors is prohibited by both Law No. 5 of 1999, which prohibits unfair business competition, and Government Regulation 29 of 2021, which relates to the implementation of the trade sector. Distributors and agents of associated producers will face unfair economic rivalry as a result of producers entering the online market as 'official stores'. Producers are prohibited from selling their products in retail settings, whether offline or online, in accordance with the relevant legislation. The findings of this study should benefit the parties involved in the online marketplace by fostering fair commercial competitiveness.

민주화 이후 한국의 대통령 선거

This study aims to outline the results and factors of the eight presidential elections held by the Republic of Korea over the past 35 years since democratization in 1987. Since the election analysis so far has focused on individual factors or specific elections, it is insufficient to show the main factors that run through the entire elections, and their correlations. This study comprehensively examines the characteristics of the presidential elections after democratization focusing on regionalistic voting behavior, election competition structure, regional election coalition, political situation, and candidate factor which have been pointed out as major factors in the presidential election. Through this, it is possible to discover several principles of competition that commonly worked in the presidential elections. First, it is an advantageous structure for candidates from Gyeongsang-do to win in a situation where regionalism is dominant. Second, it is difficult to win if candidates divide, whether conservative or liberal. Third, in the election coalition, the outcome is determined by who makes political coalition with Chungcheong-do . Fourth, the greater the disappointment with the incumbent government, the greater the pressure for regime change, and the disadvantage of the ruling party candidate. Finally, voters generally prefer presidential candidates who are far from Yeouido politics . The outcome of the election was determined by the interaction of these factors.

System characteristics of realization of competitive advantages of the economy of the regions of Ukraine

The purpose of the article is the scientific substantiation of the systemic aspects of the implementation of the competitive advantages of the economy of the regions of Ukraine, providing characteristics of the features of innovative development and competition of industries, according to which the strategic guidelines for ensuring and increasing the level of competitiveness of the region are agreed upon. In the article, scientific assumptions are made based on the existing trends in the economy of Ukraine and its regional character, which made it possible to systematically clarify the strategic orientations and expected results of the realization of the competitive advantages of the regions. The analysis of the latest research made it possible to conclude the existence of different approaches to realizing the competitive advantages of the regional economy, from which those that reveal the aspects of innovative development and regional competition of industries are highlighted. It is emphasized that the leveling of existing obstacles in the development of the regional economy of Ukraine requires the state authorities to stimulate structural transformational shifts and lay the technical, technological, and innovative foundations of a new model of growth of the national economy. Accordingly, the strategic priorities for the realization of the competitive advantages of the regions of Ukraine, which rationally reveal a new model of structuring the regional economy and clear guidelines for the innovative development of industries while not violating the principles of competition but, on the contrary, stimulating and strengthening it, need to be supplemented. A system of tools and expected results for realizing the competitive advantages of the economy of the regions of Ukraine has been formed. The distribution of tools was carried out based on the need to create and increase the scope of activities of local integrated systems and institutional elements of cross-functional and cross-industry cooperation. The regional features of Ukraine’s economy are summarized based on available competitive advantages, namely the high level of industrial production development, the formation of cross-border transit and logistics potential, specialization in agro-industrial production, a high level of scientific and technological development, and the creation of IT services. Keywords: competitive advantages of the regional economy, competitive potential, competition, regional economy.

Legal Regulation Research on Internet Platform Blocking Behavior

With the rapid expansion of internet platforms in recent years and the escalating fierce competition among major players, the prevalence of mutual blocking behaviors between platforms has increased. Some super internet platforms' actions of blocking API interfaces and links of other platforms violate the core principle of "interconnectivity" on the internet. Such behavior damages market competition, impacts the user experience of a vast number of users, and raises concerns about monopolistic practices. However, traditional approaches to determining market dominance and related market elements have shown inadequacies. To address these issues, this paper proposes the introduction of the "essential facilities" and "gatekeeper" principles, combining specific case analyses of platform blocking behaviors. This approach aims to ensure that internet platforms adhere to fair competition principles, maintain market competition order, and safeguard user rights.

Agricultural insurance with state support: the interaction of private and public interests

The article discusses the features of agricultural insurance with state support. It is noted that there are significant problematic aspects in the developing field. The increased difficult-to-calculate risk of losses of agricultural producers from adverse climatic conditions causes increased risks for the financial stability of insurance organizations engaged in agricultural insurance. The lack of state support in the implementation of insurance (reinsurance) of agricultural risks contributes to the inclusion of restrictive conditions by insurers in agricultural insurance agreements that minimize risks, overstatement of insurance tariffs, and refusals of insurance payment. The most effective is the existing system of agricultural insurance for large farms that have the ability to minimize and prevent losses, which makes it difficult to develop competitive principles in agricultural production, hinders the development of small and medium-sized agribusiness. This is also facilitated by legislative restrictions on preferential insurance of agricultural cooperation entities for which the law doesn’t provide for state support. The article substantiates the causal relationship between the imperfection of the system of state support for agricultural insurance and the problems of a civil nature in this area.

Политический анализ проблемы соотношения феноменов рыночной и институциональной коррупции в современном обществе

The article explores the possibility that the subjects of managerial decision-making have an objective need for the institutionalization of corruption. The authors consider the issues of integrating institutional corruption into the managerial and political-legal subsystems, which leads to multiple functional distortions in the system of state institutions in the interests of latent structures. The purpose of the article is a comparative analysis of the two main types of corruption in modern society. The authors use a neo-institutional methodological approach characterized by the principle of methodological individualism and a number of scientific methods. Although market corruption exerts a certain financial burden on business, it does not violate the principles of market competition. Institutional corruption may hypothetically not impose additional financial burden on business, but it introduces significant restrictions on the competitive environment itself. Progress in the fight against corruption is possible only if civil society interacts with state authorities and institutions, and the values of civic activism are actualized in the socio-political participation of citizens.

Justice in conflict: Principle of complementarity or principle of competition?

The establishment of a permanent international criminal court was a necessity and the fear of it infringing on a state's sovereignty was real and ever present. As a result of this fear the International Criminal Court could not be awarded primary jurisdiction, and a compromise had to be reached in which it would operate under a regime of complementarity. This article focuses on the Simone Gbagbo case, as the first woman to be charged by the Court, with the object of nuancing the principle of complementarity in the various stages of an international criminal trial and the extent to which it portrays the tension of state sovereignty, tracing it from its infant historical or rudimentary practices to the current practice and making the necessary recommendations. All of this will be done by contextualising it all within the Cote d'lvoire situation, particularly as it relates to complementarity. The article makes recommendations that focus on how and why the lCC should avoid seeking to dictate and impose its prosecutorial strategy on the domestic officials so as to avoid a crisis of its legitimacy being questioned, and the state's refusal to cooperate with the Court. lt concludes with the caution that when the practices of the lCC and its Prosecutor make charging decisions for the state and embrace undermining the prosecutorial discretion of the domestic authorities, then the principle of complementarity will have been officially decimated and the principle of complementarity officially birthed.

A Review of Recent Progress in Drug Doping and Gene Doping Control Analysis.

The illicit utilization of performance-enhancing substances, commonly referred to as doping, not only infringes upon the principles of fair competition within athletic pursuits but also poses significant health hazards to athletes. Doping control analysis has emerged as a conventional approach to ensuring equity and integrity in sports. Over the past few decades, extensive advancements have been made in doping control analysis methods, catering to the escalating need for qualitative and quantitative analysis of numerous banned substances exhibiting diverse chemical and biological characteristics. Progress in science, technology, and instrumentation has facilitated the proliferation of varied techniques for detecting doping. In this comprehensive review, we present a succinct overview of recent research developments within the last ten years pertaining to these doping detection methodologies. We undertake a comparative analysis, evaluating the merits and limitations of each technique, and offer insights into the prospective future advancements in doping detection methods. It is noteworthy that the continual design and synthesis of novel synthetic doping agents have compelled researchers to constantly refine and innovate doping detection methods in order to address the ever-expanding range of covertly employed doping agents. Overall, we remain in a passive position for doping detection and are always on the road to doping control.

Organizational Culture Analysis Using The Organizational Culture Assessment Instrument (OCAI) Method At PT Ruby Starindo East Lombok Branch

This study aims to determine the current and future picture of organizational culture at PT Ruby Starindo East Lombok Branch. This study uses a descriptive design designed to solve the research problem posed. The respondents in this study were permanent employees of PT Ruby Starindo East Lombok Branch which amounted to 30 employees. Data were collected through questionnaires and analyzed using the organizational culture assessment instrument (OCAI) method. The results showed that the current organizational culture felt at PT Ruby Starindo East Lombok Branch is Market Culture and the culture that is desired or expected in the future is Clan Culture. This finding identifies that employees now perceive leadership as a competitor and a strong driver, with the principle of competition in achieving productivity where all activities focus on organizational and consumer control. But in the future the culture that is expected to occur in the organization is that the organization becomes a fun place like in one big family. Leadership is a mentor who provides facilities and guidance.

Some issues of prosecutor’s participation in proceedings on administrative offences: based on the European Court of Human Rights case law

The scientific work focuses on reviewing the works of scholars who have studied various aspects of the implementation of judgments of the European Court of Human Rights. However, the issues of human rights protection and observance of the principle of competition during the consideration of an administrative offence case remain unaddressed.
 A scientific analysis has been made of the positions of the European Court of Human Rights with regard to the protection of fundamental human rights in proceedings on administrative offences, and the involvement of the prosecutor in the proceedings with a view to ensuring that the parties are competitive and that the prosecutor fulfils his/her main purpose under administrative law, which is to supervise compliance with and correct application of the provisions of current legislation.
 It has been proved that as a result of amendments to the Constitution of Ukraine, it was excluded Section VII “Prosecution” and was supplemented Section VIII “Justice” with a new Article 131-1. Therefore, under the new Ukrainian constitutional legal order, the prosecutor’s office as an institution performing the function of criminal prosecution is structurally integrated into the general system of justice. Considering that the place and role of the prosecutor's office is defined in the title of Section VIII of the Constitution of Ukraine “Justice”, this indicates that the special status of the prosecutor’s office in the constitutional system of power is enshrined, and that there is a functional link between the court and the prosecutor’s office, which forms the legal basis of the prosecutor’s office and directly affects the practical activities of the prosecutor's office as an institution of public power.
 Based on the review of law enforcement practice, it has been noted that there is a need to revise the approach to administrative cases (under Article 130 of the Code of Ukraine on Administrative Offences) in the context of the European Court of Human Rights case law.
 It has been proposed to amend and supplement the Code of Ukraine on Administrative Offences with provisions on the protection of fundamental rights of persons involved in administrative proceedings and to establish the appropriate procedural role of the prosecutor in the administrative process.