Principles Of Administrative Law Research Articles

Формирование полицейско-правовой теории: анализ и оценка полицеиста В. В. Ивановского

Introduction. The article is devoted to the work of Viktor Viktorovich Ivanovsky (1854-1926), a prominent jurisprudent of the Russian Empire, specialist in police law, sociologist, whose scientific activity was closely connected with the Kazan Imperial University. The contribution of V. V. Ivanovsky to the development of police and administrative law, political sociology, the theory of local self-government, and the methodology of legal research significantly influenced the development of police law theory in Russia. However, his ideological heritage has not yet received a comprehensive analysis. Methods. Methodological principles of research – the principles of unity of theory and practice, objectivity, complexity, comprehensiveness of the study of social processes and phenomena, the unity of historical and logical – are based on dialectics, acting as a general methodology of scientific cognition. The main methodological approaches of the study were systemic and value approaches. General scientific (historical, functional) and special (formal-legal, historical-legal, comparative-legal) methods of legal research were used. The method of problem-theoretical reconstruction and interpretation of legal ideas was very important. Results. V. V. Ivanovsky has showed himself as a jurist, scientist and historiographer. He characterised the formation of police-legal theory and identified the features of ideas about the means of public administration, models of relations between state bodies and the population of Western European and domestic thinkers.He revealed the interdependence of the sciences of police and administrative law; identified the features of the origin of the dogmatics of administrative law; substantiated the need to change the principle of regulation of public relations and the transition from the rule of law to the principle of administrative law.

Principles of humanism and justice in the administrative law of Ukraine in the context of christian values

The article is devoted to the study of the content and implementation of the principles of humanism and justice in the administrative law of Ukraine in the context of Christian values. The relevance of the topic lies in the fact that these two principles are poorly understood in the science of administrative law, and that the doctrine of this science needs to be changed, given the changes associated with the war, which forced people to reconsider some of their values, their life priorities and views on the State and its importance in human life, and reinforced the need to build relations between the State and human beings based on the principles of humanism and justice. The author establishes that the principles of humanism and justice are interrelated and form the basis of the entire system of administrative law and the functioning of public relations in the field of public administration. It is summarized that justice is the initial principle of law and its essence, the basis for the rule of law. Humanism is a fundamental principle of rights and a value of a democratic society; it means humanity, love for a person, value of a person and his or her dignity, and the pursuit of his or her welfare. It is proved that the fundamental principles of law are based on love, which is the content of Christian doctrine. In the context of Christian values, the principle of justice means doing to others as you would like to be done to you. It implies the action of equality, respect, freedom, and mercy toward people. In turn, the principle of humanism in the context of Christian values means love your neighbor as yourself. It is proved that love is not only an emotion, but first and foremost an action, or an act of will. Love requires decision-making and effort. Therefore, the principles of administrative law are also an action and should be put into practice, and not just an idea. The author proposes to change some doctrinal approaches to the role of the State in relations with a person, namely, that they should be based on the principles of humanism and justice based on love, which will be the beginning of a qualitatively new role of the State and the activities of officials in relations with citizens.

Implementasi Asas-asas Hukum Administrasi Negara dalam Mewujudkan Tata Kelola Pemerintahan yang Baik

This study explores the implementation of the principles of administrative law in efforts to achieve good governance in Indonesia. The background of the research highlights the importance of administrative law principles in strengthening transparency, accountability, and efficiency in public administration. The main research question addresses how the principles of administrative law are applied in governmental practices and their impact on the quality of governance. The research methodology used is qualitative, employing a case study approach that combines document analysis, in-depth interviews with government officials, and direct observations. The findings indicate that the implementation of administrative law principles has improved transparency and accountability, but significant challenges remain in terms of consistent application and comprehensive understanding at various levels of government. The conclusion of the study emphasizes that effective application of administrative law principles requires strong commitment from all stakeholders and enhanced capacity through ongoing training and education. The author argues that strengthening the supporting legal and policy framework, along with active participation from civil society, is crucial for achieving good governance.

GENERAL PRINCIPLES OF ENFORCEMENT PROCEEDINGS IN ADMINISTRATION

Numerous general principles are used in administrative enforcement proceedings, which mainly take a directival form. In the study, research has been focused on the description and analysis relating to general rules of law, principles of administrative law and principles of administrative procedure used in enforcement proceedings. However, special attention was paid to the general principles having their source in the Law of June 17, 1966, on Administrative Enforcement Proceedings.The aim of this research is an attempt to synthesize these principles and show their role in involuntary proceeding. When starting the research, a research hypothesis was put forward, which assumes that the application of general principles in enforcement proceedings in administration guarantees their correct course, and the principles themselves are a set of norms shaped mainly by legal provisions. The analyses carried out allowed to confirm the thesis and to identify a number of de lege ferenda conclusions, indicating the need to revise some rules. First of all, attention was drawn to the lack of terminological consistency regarding the general principles of enforcement proceedings. Further attention was paid to the need for legislative changes regarding the formation of the principle of conducting enforcement in a manner least burdensome for the obliged, which in the author’s opinion is too general. Another conclusion is the demand for a revision of the provisions of Articles 8 to 10 of the Law on Administrative Enforcement Proceedings. These provisions, which are a manifestation of the principle of respect for the minimum subsistence, are outdated and do not reflect the current situation, especially of farmers.

The decisive role of the principles of administrative procedure in ensuring effective regulation of administrative acts

This article reveals the importance of the principles of administrative procedure in regulating the process of adoption of administrative acts. The article provides an in-depth analysis of how adherence to these principles is essential to promoting fairness, transparency, and accountability in government decision-making.
 Thearticle aims to provide an understanding of the principles of administrative law, emphasizing their application in regulating administrative procedures for fair and efficient public administration.
 The article highlights the impact of administrative acts on individuals and organizations, emphasizing the need for fair and accountable governance. The article examines the basic principles underlying administrative procedures, including due process, legality, fairness, and impartiality. Highlighting their importance, the article illustrates how these principles act as vital checks and balances, protecting citizens' rights and preventing abuse of power.
 In addition, the article sheds light on the positive effects of transparent and accessible administrative procedures. By promoting public participation and engagement, it highlights the potential for greater collaboration between government and its constituents. The introduction of these principles not only strengthens the legitimacy of administrative acts, but also contributes to the formation of citizens' sense of ownership and responsibility.
 The language of the article strikes a balance between legal rigor and accessibility, making it relevant for policymakers, legal practitioners, and the general public alike. Advocating for the integration and implementation of administrative- procedural principles, the author emphasizes their importance in improving the quality of management and strengthening democratic values.
 Overall, this article is informative for those who seek to understand the indispensable role of principles of administrative procedure in creating a fair, transparent and accountable administrative system. Through his persuasive arguments and comprehensive analysis, he encourages a wider commitment to these principles, ultimately strengthening administrative processes and regulation.

Demography as a priority and an integral indicator of the effectiveness of strategic planning

The current stage of development of the Russian Federation poses new challenges at the state level. Strategic planning is one of the foundations for the stable and full-fledged development of the state and society in various spheres of life. Demography and demographic indicators are important areas in strategic planning with strong development potential. It has been established that the Russian Federation faces many demographic problems due to various reasons. At the same time, the very concept of demography is multidimensional, related to key areas in the social sphere. In this context, demography is a priority and an integral indicator of the effectiveness of strategic planning. Solving demographic problems through the use of strategic planning tools will improve the quality of life of the population, increase the level of healthcare and other socially significant development indicators. The article uses both general scientific research methods such as system analysis, logic, deduction and induction, etc. And specifically legal ones, such as analogy of law and analysis of legislation. As a result of the work, the following conclusions were made: 1. Demography is an important national priority and can be considered as an integral indicator of the effectiveness of strategic planning. 2. Demographic problems for the Russian Federation at this stage are generally recognized and acute. It is necessary to strengthen the quality of strategic planning in this area in conjunction with the implementation of strategies in other areas. 3. Demography is a complex component phenomenon that includes many components. 4. Issues of demography, development in this area and problem solving through the implementation of strategies should be addressed, including using data on the quality of life of the population. The latter should be understood as a fairly extensive set of factors representing the living conditions of individuals and society as a whole. 5. The current legal mechanism of strategic planning in the demographic sphere should be implemented taking into account the principles of administrative law.

Codification of general principles of administrative law

On the basis of the method of historical and comparative legal analysis the experience of codification of the general principles of administrative law of the CIS member states has been studied. The vast majority of codification was carried out by adopting the German model of legislative regulation of administrative procedures. The analysis of reception required the reference to its source — the German model of partial codification of the General Part of Administrative Law. As a result of the study, three models of interaction of the general principles of administrative law and their codification have been identified. The first model is marked by the development of the judicial doctrine of the general principles of administrative law and their subsequent codification. The second model is distinguished by the codification of the general principles of administrative law with the necessity of their subsequent development in the judicial and scientific doctrine. The introduction of the general principles of administrative law by borrowing a foreign codified act due to the resistance of local law, as well as the lack of judicial and scientific doctrine, can create conditions for the emergence in administrative law of a significant gap between “law in books” and “law in action”. In addition, the third model, characterised by the absence of codification of the general principles of administrative law and their differentiated regulation in sectoral laws, has been identified. It has been established that the effectiveness of the general principles of administrative law depends not only (and even not so much) on their legislative consolidation, but on the intensity and quality of judicial activism in the relevant legal system. Moreover, in some legal systems a significant contribution to the identification and development of general principles of administrative law is made by constitutional courts, in other legal systems — by administrative courts.

EPISTEMOLOGICAL DEVELOPMENT OF ADMINISTRATIVE-LEGAL PRINCIPLES IN RESEARCH ON LAW ENFORCEMENT AGENCIES

This research delves into the evolving epistemological foundations of administrative-legal principles within the domain of law enforcement agencies. A meticulous analysis of over 200 scholarly works, with a specific focus on more than ten dissertations, has been conducted to illuminate the essence and content of activities undertaken by law enforcement agencies. The study offers a comprehensive un-derstanding of administrative-legal principles, encompassing their functions, forms, methods of opera-tion, and their legal underpinnings as reflected in sectoral legislative acts. The investigation explores the concept of „administrativelegal principles” and establishes its intricate interrelations with key cate-gories in administrative law, such as „principles of administrative law,” „legal regulation,” and „admin-istrative-legal norms.” Findings reveal that administrative-legal principles form a cohesive system in-fluencing the functions, forms, and methods of operation employed by law enforcement agencies. Key outcomes of the study emphasize the paramount importance of delving into administrative-legal principles within the specific context of law enforcement agencies. A nuanced examination of their functions, forms, and methods of operation underscores their critical role. This research advocates for understanding administrative-legal principles as foundational elements of administrative law, shedding light on their pivotal function in regulating the multifaceted activities of law enforcement agencies.

Principles of activity of law enforcement bodies

Based on the research of scientific opinions, the new administrative-legal doctrine, the analysis of domestic and international legislation, the article examines the key fundamentals of administrative-legal support for the activities of law enforcement agencies. Considering the fact that domestic law enforcement agencies and their officials have constant relations with citizens in their activities, it is emphasized that modern principles of administrative law should play an important role in these relations, which is the purpose of the work. The methodological basis of the work is the provisions of the modern theory of scientific knowledge of legal and social phenomena. In the course of writing the article, general philosophical, general scientific, logical and special legal methods of scientific knowledge were used. The main international principles and standards that determine the content of the activities of law enforcement agencies in international agreements ratified by Ukraine are highlighted. Based on the analysis of the legislation, the modern principles of the National Police, as one of the leading law enforcement agencies of the state, are considered. An important place is given to the characteristics of foreign legal acts aimed at ensuring and protecting the rights of citizens by law enforcement officials. For this purpose, international legal acts, which are one of the main sources of legal regulation of relations arising in the activities of law enforcement agencies, were analyzed. They establish the norms and principles of behavior of an official of a law enforcement agency for the performance of professional activities in relations with citizens and the rules of conduct binding on them in specific conditions of law enforcement activity. The need to introduce special principles of administrative law into the activities of law enforcement agencies is substantiated. On this basis, the following special principles have been researched, substantiated in detail and recommended: the principle of ensuring trust; the principle of ensuring human rights; the principle of providing access to information technologies; the principle of ensuring the confidentiality of information. These principles correspond to the domestic administrative-legal doctrine, international standards and principles, legal relations of officials of law enforcement agencies, which can be an important direction of the new administrative-legal doctrine of law- enforcement agencies.

The subject matter of administrative law as a basic category For distinguishing sectoral principles of administrative law

Problem setting. Administrative law as a fundamental branch of public law is a necessary tool in regulating the activities of public administration bodies, public organizations, enterprises, institutions, and organizations. Its influence is constantly felt by specific individuals. Norms of administrative law protect relations formed under the influence of civil, labor, financial and other branches of law. In recent years, administrative law has been in a state of transformation, a new ideology of relations between the state and the citizen is being formed, the administrative legal doctrine is undergoing fundamental changes, and administrative legislation is being updated. As a result, administrative law has turned from the law of state management into a branch that normatively defines and regulates the rights and obligations of public administration in relation to subjects of civil society. Analysis of recent researches and publications. A significant number of scientists dealt with issues of administrative law, its subject, principles, among which it is worth mentioning the works of such scientists as: V. B. Averyanov, Yu. P. Bityak, V. V. Galunko, R. S. Melnyk, A. A. Pukhtetska and others. However, despite the rather large number of works, questions related to the generalization of scientific positions, which highlight the subject of administrative law as a basic category for determining industry precepts, remain in most cases outside the attention of researchers, which makes it possible to talk about the need to carry out such research. The purpose of research is to clarify the role of the subject of administrative law as a basic category for determining the branch principles of administrative law. Article’s main body. The article is devoted to the peculiarities of the subject of administrative law as a fundamental criterion for determining the principles of administrative law. Of fundamental importance for updating the concept of the subject of administrative law were two theoretical conclusions that were made in the development of the ideas of the Concept of Administrative Reform in Ukraine. The transformation of the subject of administrative law is a factor in updating the content and classification of the principles of administrative law. The subject of administrative law is social relations that arise for the purpose of realizing and protecting the rights of citizens, creation of normal conditions for the functioning of civil society and the state. It follows that the main task of administrative law is to create a priority of legal conditions for ensuring by public administration the rights, freedoms and interests of man and citizen in the sphere of public administration. The subject of administrative law is a wide complex of social relations that arise in connection with the implementation of the functions of the state executive power, the content of which is the management of society. Ukraine’s new management model (with adapted principles of Good Governance) should be aimed at maximizing the scope of public participation in governance, ensuring that economic, social and political priorities are based on consensus in such a way that the voices of all citizens, even the poorest and most socially disadvantaged population groups were taken into account when making state decisions. The article emphasizes the fact that principles are the leading category in the administrative law of all continental European countries. The principles reveal the content of law, reveal the essence of law, its foundations, as well as the regularities of social life and needs, and highlight trends. In the theory of law, the principles of law mean the most general and stable requirements that contribute to the establishment and protection of social values, determine the nature of law and the direction of its further development. Conclusions and prospects for development. The principles of law are a natural phenomenon of legal science, which in their essence are universal and reflect modern approaches to their interpretation. In modern conditions, the principles of law have a universal character, as they must be taken into account by law-making subjects during the creation of norms for the legal regulation of social relations. The peculiarities of the subject of administrative law provide grounds for a new approach to updating and characterizing the principles of administrative law resulting from interdependence and influence on each other.

Foreign experience, and domestic practice of legal regulation of special principles of administrative procedure

The article is devoted to the analysis of special principles of administrative procedure. The author has studied the administrative procedure legislation of Germany, Kyrgyzstan, Azerbaijan, Croatia, Switzerland, Lithuania, and Austria. The authors compare the legislative provisions on special principles of administrative procedure of these countries with the legislation of Ukraine with the Law of Ukraine «On Administrative Procedure» which is coming into force.
 It is noted that administrative procedure is not homogeneous and standard, but rather has many features and variations depending on: (a) a specific area of public administration, (b) goals, objectives, and functions of executive authorities, and (c) national traditions and international standards. Therefore, it is necessary to conduct a comparative legal analysis of the special principles of administrative procedure that determine the specifics of their legal regulation in different national legal systems.
 The authors identify a system of four «layers» of principles applicable to administrative procedure. Among them, the author distinguishes the following: (1) general legal principles; (2) principles of administrative law; (3) principles of administrative process as a procedure for exercising power by public administration bodies in the appropriate procedural form based on the world and European principles of good governance and administration; (4) principles of administrative procedure.
 The main attention is paid to the special principles of administrative procedure which relate to the administrative procedure itself. Among them, it is proposed to distinguish two groups: (a) organisational and (b) functional axiological. The author substantiates that the organisational principles include the principle of economy, investigative principle, the principle of the State language, impartiality, publicity, and coordination. As functional axiological principles, the author identifies the following: the principle of prohibition of abuse of law and prohibition of over­formalism, the principle of uniform application of law, presumption of reliability, the principle of interpretation of law in favour of interested non-governmental persons, and the principle of meaningful absorption. Each of the principles is given a significance and its place in the legislation of Ukraine and other countries.
 The authors concludes that further syste­matisation and consolidation of these principles, in turn, is an additional argument in favour of the Law of Ukraine «On Administrative Procedure» which is currently coming into force and its possible further modifications.

The Role of Administrative Law in Safeguarding the Environment: A Jordanian Perspective Administrative Law and Environmental Protection in Jordan

Objective: The primary objective of this study is to scrutinize the role of administrative law, particularly the administrative judiciary, in safeguarding the environment within the Jordanian legal framework. The study aims to elucidate the mechanisms through which the administrative judiciary exercises oversight over administrative and regulatory authorities and to delineate the legal foundations underpinning administrative liability for environmental damages. Theoretical Framework: The theoretical underpinning of this study is anchored in the jurisprudential doctrines of administrative law and environmental governance. The study explores the intricate relationship between administrative jurisprudence and ecological stewardship, particularly in Jordan's unique environmental challenges and legal landscape. It posits that the administrative judiciary serves not merely as a procedural instrument but as a substantive agent of ecological governance. Method: The methodology employed is a rigorous legal analysis, incorporating a review of Jordan's statutes, regulations, and judicial decisions relevant to environmental protection. The study also draws upon secondary sources, including scholarly articles and commentaries, to comprehensively understand the subject matter. Result and Conclusion: The study reveals that the administrative judiciary in Jordan plays a pivotal role in environmental protection. It serves a dual function: as a guardian of environmental integrity and an oversight body for administrative regulatory authorities. The study also highlights the adoption of the doctrine of strict liability in the Jordanian legal system, emphasizing its significance in holding the administration accountable for environmental harm. Research Implications: The findings of this study have far-reaching implications for the development of environmental policy and legal frameworks in Jordan. They underscore the need for a more integrated approach harmonizing administrative law principles with environmental governance objectives. This necessitates reevaluating and recalibrating existing legal mechanisms to ensure they align with sustainable development principles and ecological justice. Originality/Value: The study offers a novel contribution to the existing body of literature on environmental law in Jordan by focusing on the often-overlooked role of the administrative judiciary. It provides a nuanced understanding of the complexities involved in environmental governance and offers a theoretical framework that could serve as a foundation for future research in this domain.

The Burden of Proof in Taxation Disputes: Does Section 170 or Part IVA of the Income Tax Assessment Act 1936 (Cth) Offend the Rule of Law?

For the purposes of assessing tax, section 170 of the Income Tax Assessment Act 1936 (Cth) permits the Commissioner to determine that the taxpayer has committed fraud or evasion. The taxpayer then bears the onus of showing that they have not. There is no requirement that the Commissioner show that such determination is correct, nor to support it with evidence. The Commissioner may, if they wish, do nothing more than put the taxpayer to proof by tendering their assessment as evidence. This article sets out in detail how the reversal of the onus of proof in cases arising from the Commissioner’s determination of fraud or evasion offends the principle of procedural fairness, as well as the principles of certainty and prospectivity. This paper also extends that analysis to disputes arising out of the commissioner’s determination of tax avoidance under Part IVA of the Income Tax Assessment Act 1936 (Cth). This paper further considers whether general administrative law principles, in particular the Briginshaw Principle, may obviate some of the concerns regarding the reversal of the onus of proof. It is contended that the reversal of the onus of proof in cases arising out of the Commissioner’s determination of fraud or evasion under section 170 and tax avoidance under Part IVA significantly offend fundamental tenets of the rule of law, namely, the principles of procedural fairness, certainty and prospectivity. It is further contended that requiring the Commissioner to adduce evidence to support the opinion or allowing the Commissioner’s determination to be judicially examined would obviate the offence to the rule of law.

RESOLVING IRREMOVABLE DOUBTS IN FAVOR OF THE PARTY IN THE LIGHT OF ART. 7A AND ART. 81A OF THE CODE OF ADMINISTRATIVE PROCEDURE

Introduced by the Act of April 7, 2017 („Act amending the Act - Code of Administrative Procedure and certain other acts”), the amendment to the Administrative Procedure Code introduced the rules for settling irremovable doubts as to the legal and factual status in favor of the party (Article 7a of the Code of Administrative Procedure; Article 81a 1 of the Code of Administrative Procedure). The author presents the position of the legislator, expressed in the justification of the draft amendment, which indicates, among others, on the need for less restrictive and formalistic use of authority, adjustment of regulations to the European Code of Good Administrative Behavior, partnership approach of the administration to citizens, deepening citizens’ trust in public authority, friendly administration and attempts to explain the original reasons for establishing the above principles. The author points to unjust restrictions in the application of the principles expressed in art. 7a k.p.a. and Art. 81a 1 k.p.a. to the situation of imposing obligations on a party or limiting or withdrawing rights, justifying that the correct interpretation of the introduced rules should not exclude situations in which the subject of the proceedings is the granting or extension of rights. In addition, the author proposes a new wording of the norm, combining doubts as to the legal and factual status, supplementing the catalog of administrative law principles, or possibly transferring the principle concerning resolving doubts related to establishing the facts to the part of the Code of Administrative Procedure concerning issuing decisions.

STATUS UPRAVNIH UGOVORA U PRAVU EU I NACIONALNOM ZAKONODAVSTVU / ADMINISTRATIVE CONTRACTS IN THE LAW OF OBLIGATIONS AND ADMINISTRATIVE PROCEDURE ACT

Directive on the award of concession contracts br. 2014/23/EU, (Official Journal of the EU, L 94/1) ( in further text: Directive 2014/23/EU),Directive on public procurement and repealing Directive 2004/18/EC, br. 2014/24/EU (Official Journal of the EU, L 94/65) (in further text: Directive 2014/24) and Directive on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC 2014/25/EU Official Journal of the EU, L 94/243) (in further text: Directive 2014/25/EU) arrange relations on the internal EU market by regulating of administrative contracts. Transformation of these Directives in the legal order of Bosnia and Herzegovina can be carried out by appreciating division of obligation and administrative law on general and special part. Namely, administrative contracts cannot be regulated only on the basis of administrative law principles, but law of obligations also. Only in that way can be arranged law of the administrative contracts in the complex legal order in Bosnia and Herzegovina. Such solutions exist in comparative law by containing legal norm that BGB in German or Code civil in Franch law applies accordingly to administrative contracts. Law on obligatory relations basic principles contain legal basis that administrative contracts be regulated in the special part in the Law on obligatory relations. These principles are: participants of obligatory relations; obligatory relations and public resources disposal, obligatory relations and public resources usage, in good faith. Valid principles in the Law on obligatory relations is necessary to supplement with the principles: administrative autonomy of administrative bodies, equal treatment, non-discrimination and transparency. By these additional principles will be developed some principles in the Constitutions of Bosnia and Herzegovina, because regulation tradition in Bosnia and Herzegovina gives such opportunity. Under these principles are assigned norms in EU directives what can be seen in theirs contain, because in this work there is no enough place that for every single principle gives appropriate explanation. Purpose of this work is to initiate new explorations in administrative law. In Bosnia and Herzegovina Law on obligatory relations applies for concluding contracts on concessions and public procurement. They just should become this contract. Because of principles in Law on obligatory relations it is necessary to arrange concluding procedure. By Administrative Procedure Act in institutions of Bosnia and Herzegovina, Federation of Bosnia and Herzegovina and Republika Srpska should be arranged administrative procedure for administrative contract concluding.

Peculiarities of the principles of criminal and administrative law during the provision of the right to education in the conditions of the introduction of martial law: legal regulation and international standards

The purpose of the research is to consider the essence of principles of criminal law and the particularities of their implementation under conditions of war. It has been substantiated that the main idea of criminal law principles consists of their systematic, balanced, comprehensive performance in relation to subjects of criminal legal concerns. The mentioned principles apply to law-making and law enforcement, both in peacetime and wartime. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method, and methods of analysis and synthesis. A conclusion has been made about the necessity to observe human rights standards in prosecuting persons who have committed crimes against humanity and have been involved in such crimes. The civilized world must meet civilized standards and ensure security through civilized means.

Correlation of the principles of criminal law in the conditions of the introduction of martial law

The purpose of the research was to consider the essence of the principles of criminal, administrative law and the peculiarities of their application in conditions of war, considering the case of Ukraine invaded by the Russian Federation. It has been substantiated that the main idea of the existence of the principles of administrative criminal law consists in their systematic, balanced and comprehensive implementation in relation to the subjects of criminal and administrative legal relations. The mentioned principles are used as a support for the elaboration and application of the law, both in peacetime and in wartime. The methodological basis of the research was presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. A conclusion has been reached on the necessity of observing human rights norms in the criminal prosecution of persons who have committed crimes against humanity and have been involved in such crimes. Consequently, the civilized world must comply with international standards and ensure security through legal and legitimate means.

Implementation Of The Contrarius Actus Principle In Revocation Of Land Certificate Without A Court

<em>Proof of ownership of land is a land certificate. Often in the issuance of land certificates, there are problems. Land certificates that have been issued usually cause problems and must be canceled. One of the causes of the revocation of land certificates is invalid data which contains administrative defects. The problem arises that often the Head of the Land Office is reluctant to cancel the land certificate and prefers the applicant for the revocation of the land certificate to file a lawsuit in court or through litigation. This was suggested by the Head of the Land Office because of his misunderstanding of the Contrarius Actus principle. The Contrarius Actus principle is a principle in administrative law where the State Administrative Officer who makes State Administrative Decisions is automatically authorized to change, replace, revoke and cancel the documents he has made. and juridical defects must be revoked by the Head of the Land Office without having to wait for a court decision if they have fulfilled the revocation requirements.</em>

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.

행정기본법에 의한 행정법의 일반원칙 成文化 쟁점 검토

Before the enactment of the GENERAL ACT ON PUBLIC ADMINISTRATION, administrative law had a circular system. The general principles as an unwritten source of administrative law have played a wide role as a central source of law in that system. The general principles have recently been codified with the GENERAL ACT ON PUBLIC ADMINISTRATION enacted. There were already some examples that the general principles as an unwritten source of administrative law were codified. However, the meaning of this codification is different from the past in that the general principles of administrative law, which were a large part of the existing administrative law, have been changed into a written source of law by the GENERAL ACT ON PUBLIC ADMINISTRATION which takes the form of general law. In this regard, it is necessary to examine the significance of codifying the general principles of administrative law by enacting the GENERAL ACT ON PUBLIC ADMINISTRATION. This study investigates the significance from various aspects. First, it analyzes the significance of codifying an unwritten source of administrative law by the GENERAL ACT ON PUBLIC ADMINISTRATION. Subsequently, the significance of codifying the general principles of administrative law is analyzed. The significance derived from this study could contribute to the complementary operation of the general principles as an unwritten source of administrative law and the general principles under the GENERAL ACT ON PUBLIC ADMINISTRATION. In addition, despite the fact that some general principles of the administrative law have been codified by the GENERAL ACT ON PUBLIC ADMINISTRATION, the general principles as an unwritten source of the administrative law are still expected to be actively operated as laws.