Provisions Of Administrative Law Research Articles

Glosa do Uchwały Naczelnego Sądu Administracyjnego z dnia 27 marca 2023 r., sygn. akt I FPS 2/22

The judgement of the Supreme Administrative Court referred to in the document relates to the issue of the statute of limitations of a tax liability, which is a construction of tax law. The legal question that raised serious doubts in a specific case was whether tax law is part of administrative law or constitutes a separate branch of law. The problem arose in connection with Article 15zzr(1)(3) of the COVID-19 Act. The result of the analysis confirms the thesis that the statute of limitations on tax liabilities cannot be regulated by provisions of administrative law, as tax law does not fall within the category of administrative law but constitutes a separate branch of law.

La subrogación de personal en casos de reversión del servicio: una vuelta de tuerca

For some time now, the case law of the social courts has been interpreting company succession and subrogation of personnel extensively in the field of the public sector and, specifically, in cases of reversion of the service. If this position was already difficult to reconcile with certain provisions of administrative law, following STS 270/2022, of 28 January, it seems that the understanding between the two views is even further away.

. Impact for public administration of the results of concretization of administrative and legal norms during judicial enforcement

Having studied the legal implications for public administration of concretisation of administrative law during judicial application of law, the author substantiates that the pivotal direction of the impact of judicial application of law on the performance of governance functions by administrative authorities is the fulfillment by administrative courts of their purpose by interpreting and applying administrative law conducting, where necessary, their concretisation for the use of applicable legal provision for fair, accurate and comprehensive settlement of disputes relating rights and obligations of administrative-legal relations parties. This is particularly the case in complex law-application situations involving conflicts and gaps in the provisions of administrative law or stemming from the need to apply the law in systemic interconnection with general and sectoral goals and principles of administrative laws and regulations. Author refers to case-law concerning tacit consent in administrative permitting system. Interpreting tacit consent clause in conjunction with the general principles of the permitting system and of the purpose of this legal instrument, administrative courts stressed the inadmissibility of abusing of tacit consent aimed at enabling businesses to engage in certain economic activities even though they have not complied with the relevant regulatory
 requirements and seek to circumvent the control component of permitting procedures, misusing the tacit consent instrument for this purpose. As a result, the courts have identified those grounds for evoking tacit consent, that are based on the objectives and principles of the legislation on the permitting system in the field of economic activities and do not directly and clearly follow from the literal normative definition of tacit consent in the provisions of this legislation. The case-law as well determines safeguards preventing abusive practices of private entities, striving to circumvent requirements of the legislation on the permitting system, and, furthermore, it outlines improper procedural administrative practices that facilitate misuse of the tacit consent.

Administrative and Legal Regulation of Gender Policy in Police Activities

The steady increase in the number of administrative offences committed on the basis of gender, the victims of which are the most vulnerable strata of citizens, which demonstrated the lack of effective state activity in preventing and counteracting gender-based violence, prompted an analysis of the specifics of administrative and legal regulation of gender policy in police activity and the development of ways to improve it. The purpose of the study is to provide scientifically substantiated conclusions on optimising the administrative and legal regulation of gender policy in police activities. The methodology of this paper consists of a complete and coordinated system of general philosophical (dialectical, analysis, and synthesis) and special methods (historical and legal, logical and semantic, special legal, formal logical, hermeneutical, comparative and legal, modelling, and forecasting) this allowed properly analysing the subject of the study, the data of a survey of employees of the National Police of Ukraine to determine regulatory mechanisms for ensuring equality based on gender, the specifics of administrative and legal regulation of the gender policy of the police in this area of legal relations. The study defines the essence of administrative and legal regulation of gender policy in police activities. It is noted that it is the norms of administrative law that determine the powers of the police officer and other subjects of gender policy implementation, while ensuring the proper behaviour of subjects of influence by administrative coercion measures. It is determined that the object of administrative and legal relations should be considered the behaviour of participants in legal relations that are regulated and implemented through the provisions of administrative law. An integrated approach to the issue of administrative and legal regulation of gender policy in police activities is noted, which is not limited to the legislative consolidation of mutual rights and obligations, but is also implemented by studying and addressing the specific needs of both sexes, the active role of the National Police of Ukraine in this process. Arguments are given regarding the implementation of a balanced gender parity policy in the police

Impact of Anti-Crisis Shield on the running of the limitation period for tax liabilities in Poland

This article studies the impact of the Anti-Crisis Shield on the running of the limitation period for tax liabilities in Poland. The main purpose of the article is to analyse whether regulations enacted in relation to introducing the state of epidemic in Poland resulted in the suspension of the running of the limitation period for tax liabilities. The Act of 2 March 2020 on special solutions related to preventing, counteracting and combating COVID-19, other infectious diseases and emergencies caused by them directly stipulates that the running of time limits set forth in provisions of administrative law shall be suspended. First of all, arguments for the autonomy of tax law are presented. This allows for the hypothesis that tax law is an autonomous branch of law – separate from administrative law, leading to the conclusion that there are no grounds to assume that the Anti-Crisis Shield suspended the running of the limitation period for tax liabilities. Secondly, the retroactive effect of regulations of the Anti-Crisis Shield is analysed.

Научная правовая экспертиза как гарантия качества административно-правовых норм

Научная правовая экспертиза как гарантия качества административно-правовых норм

The system of organization of authorities in determining the state regime

The authors of the article consider the place of organization of executive authorities in determining the state regime through the provisions of administrative law. The article emphasizes the importance of functioning of a democratic regime as opposed to authoritarian and totalitarian regimes. Attention is also drawn to the fact that in democratic regimes, the focus is on the individual and his rights. Contrary to this assertion, a parallel is drawn with the Soviet command and administration system, which centered on the state. In addition, the article indicates that the existence of a state regime depends to a large extent on the power and administrative activity of the authorities, as well as the internal subordination within the system of authorities. The article highlights the fundamental principles and institutions of a democratic society and the state, in particular the principle of separation of powers and the rule of law. The system of interaction between the state and society, citizen and executive bodies, state bodies and local self-government bodies is considered. Attention is drawn to the main models of interaction between executive authorities and local self-government bodies. Also, the article deals with the main task of the science of administrative law in order to better understand the concept of «state regime». The article draws attention to public administration entities, their rights and responsibilities, where their management activities play a major role. It is emphasized that non-legal methods and forms of government are a sign of undemocratic state regimes. It is also emphasized that the transition from command and control remnants of the Soviet system continues and that is why Ukraine continues to carry out new reforms. Because of this, the state and society are constantly experiencing waves of ups and downs. Key words: state regime, system of organization of the authorities, subjects of public administration, state, society, person.

BUSINESS AND NATIONAL SECURITY – MODERN PERCEPTION OF ADMINISTRATIVE REGULATION

The spring of 2020 was marked by a severe economic crisis caused by the spread of a new coronavirus infection, falling oil prices and the instability of the global economy. In the current situation of imposition of restrictive measures, many entrepreneurs are deprived of the opportunity to provide services or sell goods, and consumers are unable to use and purchase them. The principle of entrepreneurial freedom is being restricted in order to protect the life and health of the population. These circumstances require the State to take relevant legal and economic decisions, including the establishing of a system of business support measures. In the article, the authors recognize the problematic aspects of realization of the principle of entrepreneurial freedom in terms of the pandemic and the use of the administrative coercive measures. Research is carried out on the positions expressed in the scientifi c literature on the collaboration between the State and business, and the tendencies of improvements in the law in the analysed area are being considered. We conclude that the Russian legal system is not prepared for the epidemiological situation caused by the spread of the new virus. This poses a serious threat to national security. In order to eliminate the threat, some recommendations are made. It is stated that the adoption of the Conception of business legislative improvements, including certain provisions of administrative law, could precede the legislative work. A proposal is made to develop, at the level of federal law, clear legal requirements that defi ne the limits on the restriction of freedom of business in the event of a biological hazard.

Administracyjne kary pieniężne – funkcja prewencyjna i represyjna

Correct economic practice a common good that is protected by a properly constructed legal system. One of the consequences of non-compliance with administrative law provisions, in addition to the basic sanction of legal ineffectiveness, as provided for by laws, is administrative penalties imposed in the formby means of administrative decisions. These penalties are not imposed by courts, but by authorized public administration bodies. The article presents the dual nature of administrative fines: as a fair retribution for an act (moral retaliation) and as a form of suppressing the commission of similar acts in the future (prevention). It is pointed out that in the case of an administrative financial penalty, we are dealing with responsibility for the result, the conditions of which responsibility are specified in legal norms in the form of orders and prohibitions, and it is rather difficult – unlike in proceedings before courts – to take into account guilt, the degree of guilt, and the issue of intention or lack of intention, nor to alleviate the punishment or refrain from imposing it. As a thesis, the paper accepts that a financial penalty should primarily be an instrument of general prevention. The experience of Italian legislation is also used to formulate conclusions as to what legal solutions should be provided for. The amendments to the Code of Administrative Procedure and the increasing presence in laws of financial penalties call for a more thorough assessment of the state of law, in particular in the context of the democratic rule-of-law state and the common good, trust in the state and its authorities, and the constitutional principles of proportionality and procedural justice.

THE AXIOLOGY OF ADMINISTRATIVE LAW FUNDAMENTAL ISSUES

This article addresses the nature, role, and catalogue of values in administrative law. I present a reconstruction of the basic concepts associated with this branch of the law; I describe the legal constructions which are the sources for the decoding of the values in administrative law; and I classify these values according to a set of criteria I have adopted. In addition I remark on the relations between particular values in the provisions of administrative law and the mechanisms to be applied to resolve collisions in the event of conflicting values.

Improvement of the Methods of Regulation of Innovation Activity under Administrative Law Provisions

The article discusses new methods and forms of regulation of innovation activity on accordance with the provisions of administrative law: project management, agreements in innovations, and rules applied to participants of innovative activity (innovators). The author highlights the need to systematize innovative legislation and to adopt necessary by-laws. The paper alleges that there is a new set of special subjects of administrative law -namely, territorial structures vested with public powers. The author also suggests a scheme of administrative and legal regime of state regulation of innovation activity. The author describes peculiarities of this legal regime and makes predictions about the prospects of its further development.

Interpretation of Administrative Legal Norms Demonstrating Strong Relations with Civil Law Which Aim Environmental Protection

Abstract The penetration process of structures traditionally assigned to civil law into administrative law, especially administrative law aiming environmental protection, has been more noticeable through recent years. This process resulted in deepening the absence of a clear separation of private law norms from public law norms. It led to the existence of so-called quasi civil solutions, which can be found for example in the Act on prevention from damages in environment and its repair. Their specificity consists in the fact that they cannot be regarded as civil law structures due to the differences between them and the civil law structures. This legal status sets new challenges for legal theorists as well as practition- ers. They concentrate on interpretation of administrative law provisions which were penetrated by civil law structures, taking into account differences between interpretation of administrative and civil law provisions. We should not reject specific character of the civil law provisions’ interpretation and interpret these provisions only by taking into account specificity of administrative law inter- pretation. Civil law institutions are characterized by a larger field for action, which is left for parties or performers, in comparison to the institutions of ad- ministrative law. This specificity of civil law structures should be considered as its advantage that should not be removed in the activities of public authorities.

Issues in Developing a Social Security Appeals System

The development of social security systems in the West has led to the growth of administrative law provisions by which citizens can appeal against the decisions of officials. This paper discusses a number of issues involved in this development. It locates social security appeals amongst a number of different processes of policy implementation. The paper raises the important question of whether such appeal systems can work in different cultures. In this context, the paper argues that appeals can guarantee the integrity of government action.