Institutions Of Administrative Law Research Articles

Министерство внутренних дел Российской Федерации как субъект предоставления государственных услуг

The article reveals the features of the provision of public services as an institution of administrative law. The author paid attention to the study of the Russian Ministry of Internal Affairs as the subject of their provision. The types and features of the provision of public services to the population by this department are analyzed, the basics of interdepartmental electronic interaction in the course of their provision are considered. The author also examines current problems in the provision of public services to the Ministry of Internal Affairs of Russia and offers recommendations for their resolution. Possible trends and prospects for the transition to a full electronic format have been identified in relation to all types of public services provided by the law enforcement agency in question.

ՎԵՐԱՀՍԿՈՂՈՒԹՅԱՆ ԿԱՐԳՈՎ ՍԵՓԱԿԱՆ ՆԱԽԱՁԵՌՆՈՒԹՅԱՄԲ ՎԵՐԱԴԱՍ ՎԱՐՉԱԿԱՆ ՄԱՐՄՆԻ ԿՈՂՄԻՑ ՎԱՐՉԱԿԱՆ ԱԿՏԻ ՎԵՐԱՆԱՅՄԱՆ ՀԻՄՆԱԽՆԴԻՐՆԵՐԸ` ՎՍՏԱՀՈՒԹՅԱՆ ՊԱՇՏՊԱՆՈՒԹՅԱՆ ՍԿԶԲՈՒՆՔԻ ՀԱՄԱՏԵՔՍՏՈՒՄ / THE BASIC PROBLEMS OF REVISION OF THE ADMINISTRATIVE ACT BY THE SUPERIOR ADMINISTRATIVE BODY ON ITS OWN INITIATIVE IN THE CONTEXT OF THE PRINCIPLE OF TRUST PROTECTION

An effective guarantee of the realization of the constitutional human right to good governance is to ensure the principle of protection of trust, and based on the current problems of the current administrative and legal system, the latter will contribute to the improvement of the institute of administrative law as a result of sufficient study. In particular, the issue related to the revision of an administrative act for control purposes by a superior administrative body (official) on its own initiative is problematic in the context of ensuring the principle of protection of trust, because, on the one hand, in administrative law, a higher administrative body (official) is given the authority to review an administrative act adopted by a lower administrative body, on the other hand, the use of such powers may contradict the right of the addressee of the act to trust the existence of an administrative act, therefore, the use of such powers should proceed from the principles of legality and proportionality of administration and not undermine the essence of the principle of protection of trust, ensuring at the legislative level the right of the addressee of an administrative act to trust the existence of an administrative act.

Mechanism of Administrative and Legal Regulation

In modern conditions, issues of regulating relations related to the implementation of public administration and the protection of subjective rights, freedoms and legitimate interests in this area are of great importance. Their consideration at the scientific, educational and didactic levels can be carried out through such a category as a mechanism of administrative and legal regulation. Its use in scientific circulation makes it possible to establish the relationship that exists between the norms of administrative law, administrative legal relations and legal acts of management, as well as to characterize the interaction between them. This article attempts to systematically study these categories, as well as the features of their implementation in individual institutions of administrative law in Russia and foreign countries. The mechanism of administrative legal regulation is studied in the science of administrative law in the aspect of the action of various regulatory and protective measures, through the prism of the implementation of state regulatory policy, special administrative legal regimes and administrative responsibility, protection of subjective administrative rights, mandatory requirements, and administrative coercion. At the same time, until now in the science of Russian administrative law, despite its widespread use of this category in relation to applied issues of public administration, it has not been the subject of comprehensive scientific knowledge. At the same time, at the theoretical level it is recognized that subjective administrative rights and obligations cannot exist outside the application of the norms of administrative law and the implementation of administrative legal relations. This scientific article defines the importance of the mechanism of administrative and legal regulation, presents the content of this scientific category, and carries out an analysis of scientific positions existing in the relevant field of knowledge.

Traditions and Innovations of Teaching and Conducting Scientific Research in Administrative and Legal Disciplines at Baikal State University

The purpose of the study is to update the problem of conducting scientific research and teaching administrative law as one of the most complex and voluminous branches of Russian law. Modern Russian administrative law has a strong foundation in the form of Soviet administrative law. In modern Russia, it has significantly transformed under the influence of foreign scientific doctrine, the challenges facing the Russian state and society. There is a multifaceted subject of administrative law and a wide representation in the curricula of many universities of the disciplines of the administrative law’s cycle. The article also discusses the peculiarities of teaching the disciplines of the administrative and legal cycle at Baikal State University, promising areas of study of administrative and legal phenomena by employees of the University. It was concluded that it is necessary to further improve the methodology for teaching disciplines of the administrative and legal cycle at the university, to involve young scientists in the process of knowing the institutions of administrative law, which is currently actively developing in Russia.

Who should Issue a Permit for the Memorial? Administrative Law as a Platform for the Conflict over the Construction of the Monument to the Victims of the Smoleńsk Tragedy in Warsaw

Circles associated with the ruling Law and Justice party decided to build a monument to the victims of the crash of a Polish government airplane in Smoleńsk on April 10, 2010 in Piłsudski Square in Warsaw. However, the authorities of that city, associated with the political opposition, were not positive about the project. Government bodies instrumentally used (and even abused) existing institutions of administrative law to build the monument despite the opposition of the local self-government. First, control over Piłsudski Square was taken away from the city authorities. Then the square was declared a closed area of military importance so that the city authorities could not make it difficult to obtain permission to build the monument. Finally, the Polish parliament created special legislation to make it more difficult to remove the monument in the future.

Israel's Constitutional Moment

AbstractAs the result of the initiation of the ‘judicial reform’ in January 2023, and the huge wave of public protest, Israel is currently undergoing a political turmoil which may develop into a fully fledged constitutional crisis. In this article I provide an account of the roots and causes of the present crisis from a public law theory perspective. In particular, I discuss the relationship between constitutional and administrative law in Israeli law. I argue that the core of Israel's constitutional structure has always been the institutions of administrative law as created and developed during the ‘administrative revolution’ of the 1980s. In contrast, Israel's constitutional law has always been a peripheral in the core structure of judicial review over the political branches. Contrary to common wisdom, I argue that the ‘constitutional revolution’ of the mid-1990s has not changed this core structure, but rather provided an external belt of normative barricades for this core structure. Accordingly, and despite the pretentious constitutional discourse developed in the 1990s by the Court, Israel was and still is a monistic democracy with no true constitutional layer of norms that enjoys higher status vis-à-vis regular legislation.

Control and Supervisory Activities as an Institute of Administrative Law

This article discusses the currently relevant direction of the ongoing reform of the “regulatory guillotine.” Specifically, the article focuses on the development of new trends in the regulation of control and supervisory activities. The reasons for the reform, its goals and objectives, as well as the results achieved, are analyzed. It is concluded that the key reason for the launch of the “regulatory guillotine” is the problem of redundancy and moral obsolescence of the regulatory framework. Furthermore, the current state of control and supervision activities carried out by the public authorities of the Russian Federation is characterized, trends are analyzed and the results of the ongoing reforms are summarized. One of the main problems in the implementation of the reform is corruption. Excessive bureaucratization of control and supervisory activities is highlighted as a key factor influencing the transition to electronic document management. In connection with the identified problems, the following potential areas for future research have been identified: the introduction and legitimization of electronic document management, the reduction of corruption, the impossibility of withdrawing from the reform of some departments, the identification of all kinds of threats and so on. In evaluating the effectiveness of the activities of control and supervisory bodies in foreign countries, the emphasis has shifted away from assessing the actual number of inspections, violations detected, fines and penalties imposed, open criminal cases, the amounts of illegally spent public funds returned to the budget, etc., and to assessing the “quantity” and the “quality” of the facts revealed and the events prevented in advance, which in one way or another contained a potential threat to the security of the state and society. It was thus implied that there was a risk of not achieving socially significant indicators (results), on the basis of which society ultimately evaluates the activities of government bodies in general and the activities of control and supervisory bodies in particular.

GOAL SETTING AS A TOOL FOR IMPROVING THE ADMINISTRATIVE AND LEGAL REGULATION OF POLITICAL SERVICE IN UKRAINE

The article reveals the specifics of using goal setting as a tool for improving the administrative and legal regulation of political service in Ukraine. It has been established that over the past thirty years, a large number of normative legal acts have been adopted in our country, which testify to the existence in Ukraine, in addition to state, patronage and other types of public service, political service. However, the administrative and legal regulation does not establish the basis of political service, in particular, there are no general requirements for entry, completion and termination of service in political positions in public administration bodies. It was found that the administrative-legal regulation of the public service in Ukraine has other defects, which are caused by deficiencies in the definition, fixation and implementation of goals, firstly, the reform of the public service as an institution of administrative law, and secondly, the administrative-legal regulation of public services in Ukraine. It is proposed to define goal setting in administrative law: 1) as a methodological technique for identifying the goals of public service reform and its administrative and legal regulation (with mandatory consideration of the principles of administrative law); 2) as a tool for improving the administrative and legal regulation of the public service in Ukraine (goals should be formed on the basis of modeling the ideal legal result of the administrative and legal regulation of the public service); 3) as a doctrine on determining the goals of administrative-legal phenomena and, including, administrative-legal regulation. It was emphasized that the political service, unlike other types of public service, has the worst administrative and legal support. Actually, goal setting, as a scientific methodological technique and a tool for improving legal regulation, helps to identify the reasons for such a situation in the modern legal system of Ukraine. It was concluded that the reasons for the insufficient administrative and legal support of the political service in Ukraine are, firstly, the lack of general goals of reforming the public service and at the same time the lack of purposeful assignment of the political service as an integral and important element of the public service in Ukraine, secondly, secondary (non-serious) attitude of politicians, officials and subjects of the legislative initiative to the administrative and legal regulation of the foundations of political service in Ukraine, which is clearly visible in the quality and quantity of legal prescriptions in this area.

SANCTIONING REQUESTS OF PUBLIC ADMINISTRATION ENTITIES

The sanctioning of requests by public administration authorities in administrative proceedings is the least analysed, debated and completely unstructured institute of administrative law. The sanctioning of actions of public administration entities is closely related to the administrative supervision of the activities of economic operators, which helps to ensure the harmonisation of the individual economic operators and economic sectors, as well as of public health, environmental protection, and other constitutional values. Administrative supervision and other control by public administration is defined in the academic literature as a public administration activity in which a public administration entity monitors the compliance of the behaviour of its subordinates with legal norms, and, in the event of non-compliance, responds with the measures for the correction or punishment of behaviour. Despite the importance of administrative supervision and the impact it has on economic operators, we do not find any mention of sanctioning requests from public administration authorities in either the Law on Administrative Proceedings or the Law on Public Administration. The article presents the variety of requests for sanction submitted by public administration entities to the administrative court, possible classifications of applications submitted to the court and peculiarities of individual types of requests. The article also presents an analysis of the statistical data on the last few years of the examination of applications for sanctioning of public administration authorities before the Vilnius Regional Administrative Court, which has exclusive competence for the examination of these applications, the diversity of this type of applications (administrative cases), the main procedural peculiarities and problems of the examination of administrative cases of this type in the court, and provides insights and recommendations.

Restrictions on property ownership in national parks due to nature protection - empirical approach

Nature is an undeniable good that requires protection. The highest form of its protection is the national park. It does not arise and does not function in a vacuum, but in the modern dynamically developing world. Such an observation determines not only the imperative of the need to protect nature, but also the reconciliation of all related interests. The subject of the publication is an empirical analysis of the functioning of the national park institution. The article is a civil study of all national parks established in Poland. It is therefore a collection and presentation of basic data for the civil analysis of this institution of administrative law. It is based on the case law studies conducted for its needs and, above all, on the information obtained on the basis of a prepared list of questions from all national parks and voivodeship offices in Poland, where such special areas have been created. The subject of the analysis are the features and constitutive elements of these areas through the prism of civil law: starting from the territory of the park, features distinguishing this area, through the rules in force in its area (prohibitions), in particular relating to the exercise of property ownership, and ending with ownership claims. In conclusion, you can find an answer to the question of how to reconcile the requirements of modern civil law and economic transactions, sustainable development with nature protection. They are especially important at the stage of creating a park or expanding its territory. The study results are presented in tabular and descriptive form.

Organization of administrative institutions and notions as a complete factor for the state

Needs for institutions of administrative law was present for a very long time. With the intention to fulfill this need I have drafted and systemized relevant categories of public administration, in that way that are dedicated to the standards of relevant texts from the field of law in general and of public administration in particular. In one way or another, these categories are unique, adapted to reformed educational programs. By having in mind the legal terminology in this field, the purpose is to unbuckle and study general notions and categories, in relevant fields of the law. Therefore, because of the mentioned reasons above, this educational treatise is defined to be used up to the issuance of new legislations of countries that have passed or still are in the transition phase, for example the Republic of Kosovo, the Republic of Albania, the Republic of Macedonia, of students of these countries, to whom the study of these categories is dedicated, in relevant universities where the law in general is studied.

Some issues of administrative offenses

The article examines the study of the content and structure of administrative offenses (torts) during martial law, specifies their theoretical and practical basis.
 A detailed analysis of the stages of administrative offenses during martial law is considered, the accumulated scientific information and empirical base are summarized and based on them scientific and practical proposals and recommendations for improving their legal regulation, eliminating existing gaps and conflicts, and identifies areas their further development.
 It is claimed that administrative offenses (torts) during martial law are an independent institution of administrative law. The types of administrative penalties applied for committing administrative military offenses are determined.
 It is determined that the special period is the period from the moment of announcing the decision on mobilization (except the target) or bringing it to the executors of covert mobilization or from the moment of martial law in Ukraine or in some localities and covers mobilization time, wartime and partially rebuilding period after the end of hostilities.
 Military administrative offenses (torts) include: refusal to comply with the lawful requirements of the commander (chief) of Art. 172-10 Code of Ukraine on Administrative Offenses; unauthorized leaving of a military unit or place of service of Art. 172-11 Code of Ukraine on Administrative Offenses; careless destruction or damage to military property Art. 172-12 Code of Ukraine on Administrative Offenses; abuse of power or official position by a military official of Art. 172-13 Code of Ukraine on Administrative Offenses; excess of power or official authority by a military official of Art. 172-14 Code of Ukraine on Administrative Offenses; careless attitude to military service Art. 172-15 Code of Ukraine on Administrative Offenses; inaction of the military authorities Art. 172-16 Code of Ukraine on Administrative Offenses; violation of the rules of combat duty of Art. 172-17 Code of Ukraine on Administrative Offenses; violation of the rules of border service of Art. 172-18 Code of Ukraine on Administrative Offenses; violation of the rules of handling weapons, as well as ammunition, explosives, other substances and objects that pose an increased danger to the environment of Art. 172-19 Code of Ukraine on Administrative Offenses; drinking alcoholic, low-alcohol beverages or using drugs, psychotropic substances or their analogues. 172-20 Code of Ukraine on Administrative Offenses.

Обязательные требования как новационный институт административного права: идеи, содержание, принципы и уровни правового регулирования (часть 1)

Federal Law No. 247, dated July 31, 2020 “About mandatory requirements in the Russian Federation” has established legal regime for all kinds of mandatory requirements for the first time, which are connected with carrying out of business and other economic activities and thereby it has given them qualities of a single institute of administrative law. The article analyzes the contents of the institute of mandatory requirements, specifics of its formation and administrative legal impact on business and other economic activities. Levels of legal regulation of the mandatory requirements are examined carefully.

Правові основи адміністративного договору у сфері підприємницької діяльности

The article on the basis of systematic analysis using the formal-legal and comparative-legal method of studying legal phenomena, considers the legal basis of the administrative agreement in the field of entrepreneurship as a means of improving the legal regulation of entrepreneurship in the context of European integration. The subject of scientific research is a set of administrative and legal norms that mediate relations in the field of entrepreneurial activity on the basis of an administrative agreement in modern economic and legal conditions. The urgency of the study is due to insufficient conceptual development of the issue of administrative contract from the standpoint of separation into an independent institution of administrative law with proper legalization and lack of a universal concept of administrative contract. The study examines the specifics of the legal basis of administrative and contractual regulation, which includes seven groups of regulations that regulate certain aspects of administrative and contractual relations, determine the subjects of public administration authorized to enter into administrative contracts, their competence. In this context, the legal nature of the administrative contract as an institution of administrative law with elements of complex regulation, forms of administrative law, forms and methods of public administration, a set of administrative procedures and legal fact is substantiated. Based on current legislation (Constitution of Ukraine, Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, laws of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, departmental normative legal acts) the essence of the administrative agreement as a form of objectification of the will of the counterparties is considered. A condition of legal significance is the expression of will, determined by the degree of freedom of the participants. Expression of will and freedom of consent provides an opportunity to justify the design of administrative agreements, the concept of the functions of the administrative agreement on the role and importance in regulating public relations, as well as areas of administrative contractual regulation on public relations in public administration. The procedural component of administrative-contractual relations is considered. Administrative-contractual procedure is a logically complete set of legal and organizational actions and decisions aimed at achieving the established legally significant result. It is proposed to form a systemic legal basis for administrative-contractual regulation and a universal procedure for concluding an administrative agreement for agreements of normative and organizational content, vertical and horizontal agreements, the construction of which should be defined in the Law of Ukraine On Administrative Procedure.

Application of measures to ensure the claim in administrative proceedings

The article, based on the methodology of system analysis, considers the application of measures to ensure the claim in the administrative proceedings of Ukraine. Judicial protection includes various components, including procedures for reviewing decisions and actions or inaction of public authorities. The institute of securing a claim on an administrative claim, which was formed in administrative proceedings, is the result of a discussion on the formation of a European system of administrative justice in Ukraine. It is established that the mechanism of securing a lawsuit in an administrative lawsuit has a pronounced positive effect on achieving the key goal and objectives of administrative proceedings. This applies to ensuring legality and discipline in the system of public administration, elimination of violations by officials of public authorities. The applied mechanism promotes full realization of the right of subjects directly involved in public legal relations to judicial protection from illegal actions and decisions accepted by the public power and its officials, on realization of full and effective protection of the rights, freedoms and lawful interests of physical and legal persons. The institute of securing the claim can be considered as a logical conclusion of the procedure of establishing the public-law specialization of the procedural provision of the rights, freedoms and legitimate interests of the plaintiff. It is determined that the allocation of security of the claim as a special institution in the system of administrative proceedings is explained by the following factors: security measures, typical for the exercise of judicial power; the specifics of the legal environment, where the prerequisites for the existence of institutions of administrative law, for the emergence of public disputes, the further development of which occurs in the implementation of administrative powers of public authorities in relation to all other persons involved in administrative relations.

PECULIARITIES OF CONSIDERATION OF CASES ON ADMINISTRATIVE OFFENSES IMPACTING ROAD SAFETY

In the article, based on the study of normative legal acts and opinions of scientists, the features of consideration of cases of administrative offenses infringing on road safety, which is the most important institution of administrative law, are analyzed. It is noted that today, fundamental changes in the field of road safety at the global level are carried out through the rapid development and dissemination of new information and communication technologies. On the basis of the study, scientifically grounded proposals and recommendations are formulated aimed at improving this area.

La denuncia administrativa. El régimen de la Ley 39/2015, de 2 octubre, de Procedimiento Administrativo Común de las Administraciones Públicas

El autor, que ya había realizado hace algunos años una importante aportación en materia de procedimiento sancionador, nos ofrece ahora esta espléndida monografía sobre la denuncia administrativa. La denuncia administrativa ofrece, por tanto, una transversalidad propia y características de las clásicas figuras e instituciones del Derecho administrativo. Sin embargo, como subraya el autor, pese a reconocer las mejoras introducidas en la Ley 39/2015, aún padece el ordenamiento administrativo de una insuficiente y deficiente regulación general de la denuncia. La obra presenta una estructura clásica. Así, el autor disecciona el estudio de la institución en tres capítulos; uno primero sobre los elementos conceptuales delimitadores, que, por cierto, los reconduce tempranamente, a los elementos objetivos y finalistas; un segundo capítulo dedicado exclusivamente a los elementos subjetivos, esto es, los “sujetos” presentes en la institución; y un último capítulo referido a los elementos formales y procedimentales.

CURRENT TRENDS IN THE SPHERE OF LEGAL RESPONSIBILITY OF PUBLIC SERVANTS, SERVICE LAW OF UKRAINE AND THEIR CRITICAL ANALYSIS

The article provides a critical analysis of current trends in the sphere of legal liability of civil servants and the sphere of employment law of Ukraine. It is established that the inconsistency and incompleteness of the national legislation on public service has a negative impact on the effectiveness of legal liability of public servants. A small number of works in administrative law which, firstly, solve the conceptual problems of administrative law, and secondly, combine knowledge of the theory of law, the science of administrative law and the work of other branches of science. It is concluded that official law should be considered as an institution of administrative law, which has a cross-sectoral nature. The legal responsibility of public servants is a sub-institute of service law of Ukraine. The cross-sectoral nature of service law is due to the fact that today it combines the rules of administrative, constitutional, labor, civil and criminal law. It was found that the content of national legislation allows to distinguish the following types of legal liability of public servants: 1) disciplinary liability, which is regulated mainly by the rules of administrative law; 2) disciplinary liability, which is regulated by labor law; 3) administrative liability, which is regulated by the rules of administrative tort law; 4) material liability, which today is partially regulated by the rules of administrative law (we are talking about the procedure for voluntary compensation for material damage) and mainly by the rules of civil law (we are talking about the procedure for forced compensation for material damage); 5) criminal liability, which is provided by the norms of criminal and criminal procedural legislation. It is established that the legal liability of public servants can only be retrospective, that is, used only for the commission of illegal acts by these employees. Arguments are given regarding the lack of positive responsibility of public servants. The use of this concept in the scientific literature is due only to the reluctance of scientists to break away from the archaic ideas about the structure of the rule of law, legal sanctions and incentives.

Implementation of the “regulatory guillotine” and development of the administrative law

The purpose of this study is to analyse the functioning of the “regulatory guillotine” in the context of the development of administrative law. The authors used qualitative methods to identify the features of the “regulatory guillotine” and determine its place among the institutions of administrative law. Quantitative methods were applied to define the scope and consequences of administrative reforms. The use of the legal comparative method made it possible to describe the peculiarities of the “regulatory guillotine” in Russia. The research results were conclusions from the analysis of legislation and the practice of implementing administrative and legal reforms that show the technological nature of the “regulatory guillotine”. In terms of organisation and implementation, the authors attributed the “regulatory guillotine” to administrative reforms, but in terms of content, the “regulatory guillotine” goes beyond even legal reform, as it involves assessing regulatory instruments from the point of view of not only legality but also economic efficiency and social feasibility. The novelty of this research should be considered the conclusion that the “regulatory guillotine” technologies can contribute to the improvement of administrative and legal regulation in Russia, provided they are thoroughly and purposefully applied in conjunction with the updated institutions of administrative procedures, administrative responsibility, licensing, expert and evaluation activities.

АДМІНІСТРАТИВНЕ ПРАВО: МАТЕРІАЛЬНІ, ПРОЦЕСУАЛЬНІ ТА ФОРМАЛЬНІ СКЛАДНИКИ

The purpose of the paper is to analyze and disclose the issues of theoretical and practical plan that prevent the solution of administrative law legal applying issues, which contain or are connected with the definitions of “substantive and processual law” and “norms substantive and processual law” and the development of theoretical proposals needed to solve the problems of the practical plan. Research methods. The paper uses a comprehensive approach to creating a theoretical picture of the object and the application of the methodological scheme of “double knowledge” about the object as such and the knowledge that describes and depicts it; method of comparative legal and doctrinal knowledge of administrative legislation; method of generalization and modeling of new theoretical knowledge of administrative law. Results. Issues for the further development of theory and practice of administrative law are identified and a theoretical approach for their solution is suggested. It is established that the subject of administrative law requires modeling and legal regulation of an administrative activity according to the scheme of legal certainty by the norms of substantive and formal law. Substantive administrative law consists of rules that describe materialized objects, the title of which defines the basic institutions of administrative law. Formal administrative law consists of norms that determine the process of substantive law formalization according to the procedures of administrative activity, which consist of substantive and processual norms of formal law. The main substantive rules of formal law include public conditions and formalities, as legal means that determine the interaction of subjects in administrative activity and the delimitation of the spheres of norms effect for private and public law. Conclusions. It gives reasons for the position that the practical implementation of approaches based on the theoretical position of the division into substantive and formal administrative law, means the formation of an administrative procedure as a single standard for the whole administrative activity, including judicial.