Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.2.02
Wiktor Branowicki
Purpose. The purpose of the article is to determine the types of administrative and legal relations in the sphere of exercise of the right to use natural objects of property rights of the Ukrainian people. Methods. The research methodology consists of general and special methods of scientific knowledge, including system, system and structural, classification, comparative and legal, analysis and synthesis, deduction and induction, and others. Results. The first section of the article examines scientific approaches to the classification of administrative and legal relations as a general category proposed by Ukrainian scientists today. Conclusions are made about the expediency of using criteria for the subject composition of relations and functions of public administration. The second section of the article reveals the main approaches to differentiation of administrative and legal relations recognized by the German doctrine of administrative law. The author’s point of view on the possibility of using the criterion of the origin of administrative and legal relations is given. The third section of the article sets forth the author’s vision of classification of administrative and legal relations that arise in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people. Conclusions. The conclusions summarize that administrative and legal relations in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people, as a type of administrative and legal relations as a more general category, can be classified by various criteria that are highlighted in scientific sources. However, as the study showed, not all of the approaches covered in the professional literature on administrative law are appropriate and correct. In particular, certain points of view regarding the classifications by criteria of protection methods and functions performed by subjects of public administration call for comments. At the same time, the study of scientific views on the outlined issue, which are justified in domestic and German scientific works, allowed us to conclude about the possibility of not being limited by existing classifications and formulating our own criteria and vision of differentiation of administrative and legal relations in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people. In this regard, several basic ways of classifying these relations are proposed, in particular, by criteria of natural objects, functions of public administration and purpose of legal relations, the choice of which is due to the need to effectively reveal the main features of these relations in compliance with the logic and rules of classification. The obtained study results can serve as a basis for further scientific developments on the outlined issues.
{"title":"TYPES OF ADMINISTRATIVE-LAW RELATIONS IN THE SPHERE OF REALIZATION CITIZENS’ RIGHT TO USE NATURAL OBJECTS OF THE OWNERSHIP RIGHT OF THE PEOPLE OF UKRAINE","authors":"Wiktor Branowicki","doi":"10.17721/2227-796x.2022.2.02","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.2.02","url":null,"abstract":"Purpose. The purpose of the article is to determine the types of administrative and legal relations in the sphere of exercise of the right to use natural objects of property rights of the Ukrainian people. Methods. The research methodology consists of general and special methods of scientific knowledge, including system, system and structural, classification, comparative and legal, analysis and synthesis, deduction and induction, and others. Results. The first section of the article examines scientific approaches to the classification of administrative and legal relations as a general category proposed by Ukrainian scientists today. Conclusions are made about the expediency of using criteria for the subject composition of relations and functions of public administration. The second section of the article reveals the main approaches to differentiation of administrative and legal relations recognized by the German doctrine of administrative law. The author’s point of view on the possibility of using the criterion of the origin of administrative and legal relations is given. The third section of the article sets forth the author’s vision of classification of administrative and legal relations that arise in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people. Conclusions. The conclusions summarize that administrative and legal relations in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people, as a type of administrative and legal relations as a more general category, can be classified by various criteria that are highlighted in scientific sources. However, as the study showed, not all of the approaches covered in the professional literature on administrative law are appropriate and correct. In particular, certain points of view regarding the classifications by criteria of protection methods and functions performed by subjects of public administration call for comments. At the same time, the study of scientific views on the outlined issue, which are justified in domestic and German scientific works, allowed us to conclude about the possibility of not being limited by existing classifications and formulating our own criteria and vision of differentiation of administrative and legal relations in the sphere of exercise of citizens’ right to use natural objects of property rights of the Ukrainian people. In this regard, several basic ways of classifying these relations are proposed, in particular, by criteria of natural objects, functions of public administration and purpose of legal relations, the choice of which is due to the need to effectively reveal the main features of these relations in compliance with the logic and rules of classification. The obtained study results can serve as a basis for further scientific developments on the outlined issues.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"349 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77495261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.2.01
R. Melnyk
Purpose. The article’s purpose is an attempt to analyse the category of “public interest” in terms of doctrinal understanding and practical application in the sphere of public administration. Methods. The research methodology consists of various methods of scientific cognition, including comparative and legal, systematic and structural, analysis, synthesis and others that make it possible to systematically and consistently to solve scientific problems, to study and compare the points of view of scholars, provisions of legal acts of the corresponding countries, caselaw and to formulate the author’s conclusions. Results. The author of the article considers the public interest through the historical prism and concludes that this category was used as a “convenient screen” in Soviet times in order to restrict the rights of individuals, which does not allow us to refer to previously obtained scientific results to substantiate current tendencies in this field. Considerable attention of the work is focused on searching the universal definition of the category of “public interest”. The author criticizes the existing approaches to this issue, especially emphasizing that the quantitative indicators of the bearers of a particular interest cannot be a sufficient ground for classifying any of them as the public interest. Among other things the author of the article emphasizes that the system of public interests cannot be constant and unchanging. It is formed under the influence of various factors and therefore, it has to be revised from time to time. However, the state must be concerned about the stability of public interests and prevent their unjustified narrowing and / or expansion. The author also pays attention to the issue of alternative points of view on the scope of public interests within modern countries, while appealing to the authors of the libertarian concept of the state. This concept, in his view, is to some extent used by judicial authorities, who decide cases of competition between human rights and the public interest that confirms its viability. The author of the paper also emphasizes that the public interest is a constitutional value that allows it to compete with other constitutional values (for example, fundamental human rights and freedoms) and to have priority over values that are enshrined in laws and by-laws. Conclusions. An important aspect of the paper is to formulate the conditions, when restrictions on human rights and freedoms are allowed, with the reference to the need to ensure the public interest, which, in the author’s opinion, is the “secondary” value in a modern democratic and rule of law country.
{"title":"PUBLIC INTEREST WITHIN PUBLIC ADMINISTRATION: INITIAL POSITIONS OF DOCTRINAL UNDERSTANDING AND PRACTICAL APPLICATION (ACCORDING TO THE LEGISLATION OF UKRAINE AND KAZAKHSTAN)","authors":"R. Melnyk","doi":"10.17721/2227-796x.2022.2.01","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.2.01","url":null,"abstract":"Purpose. The article’s purpose is an attempt to analyse the category of “public interest” in terms of doctrinal understanding and practical application in the sphere of public administration. Methods. The research methodology consists of various methods of scientific cognition, including comparative and legal, systematic and structural, analysis, synthesis and others that make it possible to systematically and consistently to solve scientific problems, to study and compare the points of view of scholars, provisions of legal acts of the corresponding countries, caselaw and to formulate the author’s conclusions. Results. The author of the article considers the public interest through the historical prism and concludes that this category was used as a “convenient screen” in Soviet times in order to restrict the rights of individuals, which does not allow us to refer to previously obtained scientific results to substantiate current tendencies in this field. Considerable attention of the work is focused on searching the universal definition of the category of “public interest”. The author criticizes the existing approaches to this issue, especially emphasizing that the quantitative indicators of the bearers of a particular interest cannot be a sufficient ground for classifying any of them as the public interest. Among other things the author of the article emphasizes that the system of public interests cannot be constant and unchanging. It is formed under the influence of various factors and therefore, it has to be revised from time to time. However, the state must be concerned about the stability of public interests and prevent their unjustified narrowing and / or expansion. The author also pays attention to the issue of alternative points of view on the scope of public interests within modern countries, while appealing to the authors of the libertarian concept of the state. This concept, in his view, is to some extent used by judicial authorities, who decide cases of competition between human rights and the public interest that confirms its viability. The author of the paper also emphasizes that the public interest is a constitutional value that allows it to compete with other constitutional values (for example, fundamental human rights and freedoms) and to have priority over values that are enshrined in laws and by-laws. Conclusions. An important aspect of the paper is to formulate the conditions, when restrictions on human rights and freedoms are allowed, with the reference to the need to ensure the public interest, which, in the author’s opinion, is the “secondary” value in a modern democratic and rule of law country.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"22 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84421231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.4.03
V. Tymoshchuk
Purpose. The purpose of the article is to highlight the latest stages of the adoption and entryinto force of the Law of Ukraine “On Administrative Procedure” (hereinafter – LAP), its keynovelties, as well as the formation of a vision regarding the main measures of implementing thePAP, approaches to solving potential conflicts between the LAP and current legislative acts.Methods, Research methods are historical, comparative and legal, as well as methods offorecasting, analysis, and generalization.Results. The law with a 23-year history of preparation was finally adopted before the full-scaleinvasion of the Russian Federation into Ukraine. The article pays attention to the practical noveltiesof the LAP, as well as a significant theoretical novel - the introduction of the construction of “publicadministration” into the Ukrainian legislation. Among the measures for the implementation ofthe LAP, the following stand out: timely normative harmonization of the current legislation onthe LAP, development of approaches to solving potential conflicts, educational and scientificcomponents. Many novels of LAP still need in-depth scientific study. This especially applies to theproblem of determining the boundaries of the sphere of public administration (taking into accountthe dynamics of social relations, the processes of delegation of public functions, privatization,etc.), the determination of the subjects of consideration of complaints in the administrativeorder (mainly affecting the issue of the subject competence of administrative bodies and the political-administrative nature of individual bodies executive power and local self-governmentbodies), revocation and invalidation of administrative acts, etc.The greatest attention in the article is paid to the problems of potential conflicts of the LAP withspecial legislation and approaches to solving these conflicts. These approaches are based on theprinciples of LAP and their priority. The following principles are of particular importance andvalue: guaranteeing a person’s right to participate in the proceedings (including the person’sright to be heard), guaranteeing effective means of legal protection, the principles of formality,reasonableness, and openness. In addition to significant conflicts, potential “technical” conflictsand ways to resolve them are also outlined.Conclusions: It is necessary to welcome the adoption of the LAP in such difficult times. This isa practical confirmation of the civilizational choice of Ukraine, our European integration. Nowthe Ukrainian state must make due efforts to implement the LAP, because its implementation willsave public resources at the next stages, simplify legal regulation for citizens, businesses, andpublic officials. It is necessary to ensure that the current legislation is brought into line with theLAP, training of public servants, further theoretical development of the problems of the generaladministrative procedure. Approaches to resolving potential conflicts shou
{"title":"REGARDING THE IMPLEMENTATION OF THE LAW «ON ADMINISTRATIVE PROCEDURE»","authors":"V. Tymoshchuk","doi":"10.17721/2227-796x.2022.4.03","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.4.03","url":null,"abstract":"Purpose. The purpose of the article is to highlight the latest stages of the adoption and entryinto force of the Law of Ukraine “On Administrative Procedure” (hereinafter – LAP), its keynovelties, as well as the formation of a vision regarding the main measures of implementing thePAP, approaches to solving potential conflicts between the LAP and current legislative acts.Methods, Research methods are historical, comparative and legal, as well as methods offorecasting, analysis, and generalization.Results. The law with a 23-year history of preparation was finally adopted before the full-scaleinvasion of the Russian Federation into Ukraine. The article pays attention to the practical noveltiesof the LAP, as well as a significant theoretical novel - the introduction of the construction of “publicadministration” into the Ukrainian legislation. Among the measures for the implementation ofthe LAP, the following stand out: timely normative harmonization of the current legislation onthe LAP, development of approaches to solving potential conflicts, educational and scientificcomponents. Many novels of LAP still need in-depth scientific study. This especially applies to theproblem of determining the boundaries of the sphere of public administration (taking into accountthe dynamics of social relations, the processes of delegation of public functions, privatization,etc.), the determination of the subjects of consideration of complaints in the administrativeorder (mainly affecting the issue of the subject competence of administrative bodies and the political-administrative nature of individual bodies executive power and local self-governmentbodies), revocation and invalidation of administrative acts, etc.The greatest attention in the article is paid to the problems of potential conflicts of the LAP withspecial legislation and approaches to solving these conflicts. These approaches are based on theprinciples of LAP and their priority. The following principles are of particular importance andvalue: guaranteeing a person’s right to participate in the proceedings (including the person’sright to be heard), guaranteeing effective means of legal protection, the principles of formality,reasonableness, and openness. In addition to significant conflicts, potential “technical” conflictsand ways to resolve them are also outlined.Conclusions: It is necessary to welcome the adoption of the LAP in such difficult times. This isa practical confirmation of the civilizational choice of Ukraine, our European integration. Nowthe Ukrainian state must make due efforts to implement the LAP, because its implementation willsave public resources at the next stages, simplify legal regulation for citizens, businesses, andpublic officials. It is necessary to ensure that the current legislation is brought into line with theLAP, training of public servants, further theoretical development of the problems of the generaladministrative procedure. Approaches to resolving potential conflicts shou","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88472088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.3.01
D. Melnyk
Advantages of the modern digital world and development of information technologies stipulated appearance of new threats to national security in an information sphere. All more frequent by the objects of cyberattacs, amount and power of which grows constantly, the information resources of financial institutions, enterprises of transport and power engineering, public organs, which guarantee security, defense, safety in case of disasters. Therefore a research purpose is a search of solutions of issues of the day for protection of national critical information infrastructure. Methods. For implementation of research different materials were used and applied aggregate of scientific and specially-legal scientific methods: dialectical method, system’s method and the analysis of content, method of induction and deduction, formal law method and others. These methods were select taking into account a select purpose and tasks of research. Results. The actual state of the legal adjusting of protection of critical information infrastructure of Ukraine is reflected In the article. The reference list of objects of domestic critical informative infrastructure, which require defence, is offered, for the use in scientific researches and practice. Actual threats are marked to safety of critical informative infrastructure, certain in the documents of strategic level and additionally specified on results the analysis of the materials of practice of counteraction to such threats. Such threats acquire fundamentally a new value in the conditions of conduct of Russian Federation of hybrid war against Ukraine and have tendencies to strengthening of them negative influence on the state of national security in it’s different spheres. Safety and security of objects of critical informative infrastructure from such threats are certain in Ukraine at conceptual level one of base elements of the national system of firmness. Modern problem aspects and necessities of defence of objects of critical informative infrastructure are outlined, offered paths of their decision taking into account Ukrainian and world experience, in thereby legislative, organizational, technical, regime, reconnaissance, counterespionage and investigation. Conclusions. For Ukraine characteristic are lacks of the legal adjusting of functioning and defence of national critical informative infrastructure, imperfection of public policy in the sphere of her defence in the conditions of high risk of feasance of diversions and terrorist and cyberattacs on her objects. Therefore for organization of effective defence of ОCІІ of Ukraine it is necessary to complete the forming of legislative ground of this activity, form the national system of defence of such objects, enter only methodology of providing of them stable functioning. It is also expedient to provide introduction of international standards of activity, adjusting of state-private partnership and development of international cooperation.
{"title":"PROTECTION OF NATIONAL CRITICAL INFORMATION INFRASTRUCTURE: ISSUES OF THE DAY AND SOLUTIONS","authors":"D. Melnyk","doi":"10.17721/2227-796x.2022.3.01","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.3.01","url":null,"abstract":"Advantages of the modern digital world and development of information technologies stipulated appearance of new threats to national security in an information sphere. All more frequent by the objects of cyberattacs, amount and power of which grows constantly, the information resources of financial institutions, enterprises of transport and power engineering, public organs, which guarantee security, defense, safety in case of disasters. Therefore a research purpose is a search of solutions of issues of the day for protection of national critical information infrastructure. Methods. For implementation of research different materials were used and applied aggregate of scientific and specially-legal scientific methods: dialectical method, system’s method and the analysis of content, method of induction and deduction, formal law method and others. These methods were select taking into account a select purpose and tasks of research. Results. The actual state of the legal adjusting of protection of critical information infrastructure of Ukraine is reflected In the article. The reference list of objects of domestic critical informative infrastructure, which require defence, is offered, for the use in scientific researches and practice. Actual threats are marked to safety of critical informative infrastructure, certain in the documents of strategic level and additionally specified on results the analysis of the materials of practice of counteraction to such threats. Such threats acquire fundamentally a new value in the conditions of conduct of Russian Federation of hybrid war against Ukraine and have tendencies to strengthening of them negative influence on the state of national security in it’s different spheres. Safety and security of objects of critical informative infrastructure from such threats are certain in Ukraine at conceptual level one of base elements of the national system of firmness. Modern problem aspects and necessities of defence of objects of critical informative infrastructure are outlined, offered paths of their decision taking into account Ukrainian and world experience, in thereby legislative, organizational, technical, regime, reconnaissance, counterespionage and investigation. Conclusions. For Ukraine characteristic are lacks of the legal adjusting of functioning and defence of national critical informative infrastructure, imperfection of public policy in the sphere of her defence in the conditions of high risk of feasance of diversions and terrorist and cyberattacs on her objects. Therefore for organization of effective defence of ОCІІ of Ukraine it is necessary to complete the forming of legislative ground of this activity, form the national system of defence of such objects, enter only methodology of providing of them stable functioning. It is also expedient to provide introduction of international standards of activity, adjusting of state-private partnership and development of international cooperation.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"52 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90714865","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.3.06
R. Burenko
The purpose of the scientific article is to study the problems of the development of administrative justice in the Republic of Tajikistan after 1991. Despite the fact that in this country the Code of Administrative Procedures was adopted in 2007, which determines the procedure for the preparation, adoption and execution of administrative legal acts, consideration of administrative applications and complaints, the implementation of proceedings on administrative procedures in court, the interaction of administrative bodies, some part of the cases characterized by administrative and public disputes is considered within the framework of the Civil Procedure Code of the Republic of Tajikistan dated January 5, 2008, as well as within the framework the Code of Economic Procedure of the Republic of Tajikistan dated January 5, 2008. The article gives advice on the harmonization of legislation in the field of consideration of administrative and public disputes. In addition, in order to improve the judicial system of Tajikistan, it is proposed to create administrative courts in the Republic of Khatlon Region, Sogdian Region, Gorno-Badakhshan Autonomous Region, the capital – Dushanbe, as well as in the economic courts of these regions. Alternatively, at the first stage, it is essential to create judicial chambers for administrative cases in the courts of these regions, as well as for administrative cases in the Supreme Court of the Republic of Tajikistan and the Supreme Economic Court of the Republic of Tajikistan.
{"title":"THE ASPECTS OF THE DEVELOPMENT OF ADMINISTRATIVE JUSTICE IN THE REPUBLIC OF TAJIKISTAN AFTER 1991","authors":"R. Burenko","doi":"10.17721/2227-796x.2022.3.06","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.3.06","url":null,"abstract":"The purpose of the scientific article is to study the problems of the development of administrative justice in the Republic of Tajikistan after 1991. Despite the fact that in this country the Code of Administrative Procedures was adopted in 2007, which determines the procedure for the preparation, adoption and execution of administrative legal acts, consideration of administrative applications and complaints, the implementation of proceedings on administrative procedures in court, the interaction of administrative bodies, some part of the cases characterized by administrative and public disputes is considered within the framework of the Civil Procedure Code of the Republic of Tajikistan dated January 5, 2008, as well as within the framework the Code of Economic Procedure of the Republic of Tajikistan dated January 5, 2008. The article gives advice on the harmonization of legislation in the field of consideration of administrative and public disputes. In addition, in order to improve the judicial system of Tajikistan, it is proposed to create administrative courts in the Republic of Khatlon Region, Sogdian Region, Gorno-Badakhshan Autonomous Region, the capital – Dushanbe, as well as in the economic courts of these regions. Alternatively, at the first stage, it is essential to create judicial chambers for administrative cases in the courts of these regions, as well as for administrative cases in the Supreme Court of the Republic of Tajikistan and the Supreme Economic Court of the Republic of Tajikistan.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87735232","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.2.07
Khon Seul Khon Seul
This article touches upon the issues of conducting a vaccination campaign against COVID-19 within the Republic of Kazakhstan, as well as the relationship of rights and obligations arising in this regard. Goal. The article aims at analyzing the provisions of the national legislation of the Republic of Kazakhstan, as well as the norms of international human rights law related to vaccination issues. The author analyzes the problem of vaccination from the point of view of its legal obligation and possible legal consequences in case of refusal to receive the vaccine. The analysis is carried out through the prism of a number of rights and freedoms, and applicable criteria for their restriction. Methods. A number of methods were used in the course of the study. The formal legal method is applied within the framework of the analysis of relevant legal norms (the right to life, the right to privacy, the right to health). The study also uses a deductive method, a statistical method (within the framework of using a summary of data on the incidence and spread of COVID-19, as well as vaccination rates), a method of studying and summarizing of the information. Results. Over the course of study, it was found that conducting a general campaign to immunize the population of Kazakhstan from COVID-19 was a timely step in the fight against coronavirus infection. Absence of evidence about the possible negative impact of the vaccines on human health, as well as the need to take the necessary measures to ensure the protection of human life and health and, as a result, the ability to enjoy rights and freedoms, prompted the state to carry out vaccination among the population. In addition, as shown in the study, a number of vaccines from different manufacturers were presented to the population of Kazakhstan, which contributed to its free choice. Conclusions. Based on the analysis of legal information, it was concluded that the issue of obtaining a vaccine should be resolved directly by the person who receives it. Coercion in this light does not seem to correspond to the norms of human rights law. Mandatory vaccination in Kazakhstan was legal since it was based on relevant legal norms. At the same time, a person who refuses to receive a vaccine for one reason or another should be prepared for the possible restrictions of his individual rights and freedoms in order to preserve the life and health of others as well as reduce the spread of the disease.
{"title":"VACCINATION AGAINST COVID-19 IN KAZAKHSTAN: RIGHT OR OBLIGATION?","authors":"Khon Seul Khon Seul","doi":"10.17721/2227-796x.2022.2.07","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.2.07","url":null,"abstract":"This article touches upon the issues of conducting a vaccination campaign against COVID-19 within the Republic of Kazakhstan, as well as the relationship of rights and obligations arising in this regard. Goal. The article aims at analyzing the provisions of the national legislation of the Republic of Kazakhstan, as well as the norms of international human rights law related to vaccination issues. The author analyzes the problem of vaccination from the point of view of its legal obligation and possible legal consequences in case of refusal to receive the vaccine. The analysis is carried out through the prism of a number of rights and freedoms, and applicable criteria for their restriction. Methods. A number of methods were used in the course of the study. The formal legal method is applied within the framework of the analysis of relevant legal norms (the right to life, the right to privacy, the right to health). The study also uses a deductive method, a statistical method (within the framework of using a summary of data on the incidence and spread of COVID-19, as well as vaccination rates), a method of studying and summarizing of the information. Results. Over the course of study, it was found that conducting a general campaign to immunize the population of Kazakhstan from COVID-19 was a timely step in the fight against coronavirus infection. Absence of evidence about the possible negative impact of the vaccines on human health, as well as the need to take the necessary measures to ensure the protection of human life and health and, as a result, the ability to enjoy rights and freedoms, prompted the state to carry out vaccination among the population. In addition, as shown in the study, a number of vaccines from different manufacturers were presented to the population of Kazakhstan, which contributed to its free choice. Conclusions. Based on the analysis of legal information, it was concluded that the issue of obtaining a vaccine should be resolved directly by the person who receives it. Coercion in this light does not seem to correspond to the norms of human rights law. Mandatory vaccination in Kazakhstan was legal since it was based on relevant legal norms. At the same time, a person who refuses to receive a vaccine for one reason or another should be prepared for the possible restrictions of his individual rights and freedoms in order to preserve the life and health of others as well as reduce the spread of the disease.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"76 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86589812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.4.06
V. Halunko
Purpose. The purpose of the article is to critically analyze the role, advanced provisions andshortcomings of the Law of Ukraine “On Administrative Procedure”, based on the doctrines ofadministrative law, in particular, regarding the development of the theory of administrative lawof martial law based on it.Methods. The system of methods of scientific knowledge was used when forming the generalizationsand conclusions of the article. The method of system analysis made it possible to identify the placeand role of the Law of Ukraine “On Administrative Procedure” in the system of sources of lawand public administration. Dialectical philosophical method to critically examine it. The formaldogmaticmethod provided an analysis of its provisions. The inductive purpose in combinationwith forecasting methods made it possible to determine directions for improving the theory ofadministrative law of the security and defense sector of Ukraine under martial law conditions.Results. The newest theory of administrative law of Ukraine is advanced in the EuropeanCommunity. It absorbed the best examples of the theory of administrative law of Germany, France,and some other countries. It is based on European values and is characterized by people-centeredfactors of democracy, rule of law, and patriotism in repelling the full-scale invasion of Russianterroristforces in Ukraine.Having reached perfection from the point of view of the foundations of European values, thetheory of administrative law of Ukraine did not become dogmatic. It continues to systematicallydevelop in an evolutionary way, in terms of providing support to all public sectors, spheres andbranches of public administration. It has been critically noted that in many aspects the theoryof administrative law lags behind the requirements (practice) of martial law. From Ukrainianadministrative scientists, military personnel of the security and defense forces, civil society andthe public apparatus of the state require answers to a number of important challenges regardingvolunteering, the ratio of public administration to the protection of military and state secretsand freedom of speech, ensuring discipline in the units of the security and defense forces, thepeculiarities of public administration in temporarily occupied territories, ensuring the rightsand interests of temporarily displaced persons, features of the selection of candidates for publicpositions under martial law, etc. Ukraine has all the conditions for solving these problems. Afterall, during independence, more than 15 powerful scientific schools of administrative law werecreated and are successfully functioning. The Law of Ukraine “On Administrative Procedure” did not fundamentally change the theory ofadministrative law of Ukraine. However, its norms will be stitched with a red thread in a new way,and in a more relief way, all the existing matter of administrative law.The victory of Ukraine in the war for independence is uncompromising, because the Ukra
{"title":"THEORY OF THE ADMINISTRATIVE LAW OF UKRAINE IN THE CONTEXT OF THE LAW OF UKRAINE «ON ADMINISTRATIVE PROCEDURE» AND MARTIAL STATE IN UKRAINE","authors":"V. Halunko","doi":"10.17721/2227-796x.2022.4.06","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.4.06","url":null,"abstract":"Purpose. The purpose of the article is to critically analyze the role, advanced provisions andshortcomings of the Law of Ukraine “On Administrative Procedure”, based on the doctrines ofadministrative law, in particular, regarding the development of the theory of administrative lawof martial law based on it.Methods. The system of methods of scientific knowledge was used when forming the generalizationsand conclusions of the article. The method of system analysis made it possible to identify the placeand role of the Law of Ukraine “On Administrative Procedure” in the system of sources of lawand public administration. Dialectical philosophical method to critically examine it. The formaldogmaticmethod provided an analysis of its provisions. The inductive purpose in combinationwith forecasting methods made it possible to determine directions for improving the theory ofadministrative law of the security and defense sector of Ukraine under martial law conditions.Results. The newest theory of administrative law of Ukraine is advanced in the EuropeanCommunity. It absorbed the best examples of the theory of administrative law of Germany, France,and some other countries. It is based on European values and is characterized by people-centeredfactors of democracy, rule of law, and patriotism in repelling the full-scale invasion of Russianterroristforces in Ukraine.Having reached perfection from the point of view of the foundations of European values, thetheory of administrative law of Ukraine did not become dogmatic. It continues to systematicallydevelop in an evolutionary way, in terms of providing support to all public sectors, spheres andbranches of public administration. It has been critically noted that in many aspects the theoryof administrative law lags behind the requirements (practice) of martial law. From Ukrainianadministrative scientists, military personnel of the security and defense forces, civil society andthe public apparatus of the state require answers to a number of important challenges regardingvolunteering, the ratio of public administration to the protection of military and state secretsand freedom of speech, ensuring discipline in the units of the security and defense forces, thepeculiarities of public administration in temporarily occupied territories, ensuring the rightsand interests of temporarily displaced persons, features of the selection of candidates for publicpositions under martial law, etc. Ukraine has all the conditions for solving these problems. Afterall, during independence, more than 15 powerful scientific schools of administrative law werecreated and are successfully functioning. The Law of Ukraine “On Administrative Procedure” did not fundamentally change the theory ofadministrative law of Ukraine. However, its norms will be stitched with a red thread in a new way,and in a more relief way, all the existing matter of administrative law.The victory of Ukraine in the war for independence is uncompromising, because the Ukra","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75682008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.4.07
I. Doluda
Purpose. The purpose of the article is to reveal the content and form a categorical definition ofthe administrative procedure for the export and import of military and dual-use goods in Ukrainebased on the existing and prospective legislation and the theory of administrative law. On thisbasis, form the latest concept of development of social relations in the analyzed sphere.Methods. A system of methods of scientific knowledge was used during the research. Using themethod of systematic analysis, various legal sources and empirical material were analyzed andnew generalizations and conclusions were formed on the basis of this. Special legal method –formal-dogmatic gave an opportunity to analyze the current legislation. The forecasting methodensured the development of legislation on administrative procedures for the import of military anddual-purpose goods in Ukraine.Results. It has been proven that administrative procedures are the bottom level of legal regulation,which in most cases are most often directly faced by private individuals and legal entities in orderto ensure their rights, freedoms and legitimate interests in public administration, in particularbusiness entities that export and import goods for military purposes and dual purpose. It wasconcluded that in today’s conditions, the administrative procedures for the export and importof military and dual-purpose goods are regulated by the norms of a special profile Law anda number of secondary legal acts approved by the Government of Ukraine.It has been found that the administrative procedure for the export of military and dual purposegoods from Ukraine, which operated before the full-scale invasion of Russian-terrorist troops intoUkraine on February 24, 2022, was characterized by the monopoly of certain influential groupsclose to the government, which were not interested in the development of weapons productionand other means of fighting, and focused their attention mainly on the sale of weapons thatUkraine inherited from a bygone era. Public finances for the development of domestic armamentswere insufficiently provided, and effective economic and financial methods of attracting privateinvestments were not introduced. As a result, when repelling the armed aggression of Russianterrorist forces, Ukrainian soldiers mainly use outdated weapons and armaments, or thoseobtained from foreign partners. The rapid import of weapons to Ukraine was established thanks tothe goodwill of the top political leadership of the USA, Great Britain, Lithuania, Poland, a dozenother democratic states, and the liberalization of the administrative procedure for importinggoods for military purposes and dual purposes into Ukraine under martial law conditions, asbusiness entities, as well as charitable foundations, which received permits for this from the StateExport Control Office under a simplified administrative procedure. The latest concept of the administrative procedure for the export, import of military and dualpur
{"title":"ADMINISTRATIVE PROCEDURES FOR THE EXPORT AND IMPORT OF MILITARY AND DUAL-PURPOSE GOODS IN UKRAINE","authors":"I. Doluda","doi":"10.17721/2227-796x.2022.4.07","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.4.07","url":null,"abstract":"Purpose. The purpose of the article is to reveal the content and form a categorical definition ofthe administrative procedure for the export and import of military and dual-use goods in Ukrainebased on the existing and prospective legislation and the theory of administrative law. On thisbasis, form the latest concept of development of social relations in the analyzed sphere.Methods. A system of methods of scientific knowledge was used during the research. Using themethod of systematic analysis, various legal sources and empirical material were analyzed andnew generalizations and conclusions were formed on the basis of this. Special legal method –formal-dogmatic gave an opportunity to analyze the current legislation. The forecasting methodensured the development of legislation on administrative procedures for the import of military anddual-purpose goods in Ukraine.Results. It has been proven that administrative procedures are the bottom level of legal regulation,which in most cases are most often directly faced by private individuals and legal entities in orderto ensure their rights, freedoms and legitimate interests in public administration, in particularbusiness entities that export and import goods for military purposes and dual purpose. It wasconcluded that in today’s conditions, the administrative procedures for the export and importof military and dual-purpose goods are regulated by the norms of a special profile Law anda number of secondary legal acts approved by the Government of Ukraine.It has been found that the administrative procedure for the export of military and dual purposegoods from Ukraine, which operated before the full-scale invasion of Russian-terrorist troops intoUkraine on February 24, 2022, was characterized by the monopoly of certain influential groupsclose to the government, which were not interested in the development of weapons productionand other means of fighting, and focused their attention mainly on the sale of weapons thatUkraine inherited from a bygone era. Public finances for the development of domestic armamentswere insufficiently provided, and effective economic and financial methods of attracting privateinvestments were not introduced. As a result, when repelling the armed aggression of Russianterrorist forces, Ukrainian soldiers mainly use outdated weapons and armaments, or thoseobtained from foreign partners. The rapid import of weapons to Ukraine was established thanks tothe goodwill of the top political leadership of the USA, Great Britain, Lithuania, Poland, a dozenother democratic states, and the liberalization of the administrative procedure for importinggoods for military purposes and dual purposes into Ukraine under martial law conditions, asbusiness entities, as well as charitable foundations, which received permits for this from the StateExport Control Office under a simplified administrative procedure. The latest concept of the administrative procedure for the export, import of military and dualpur","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77974250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.1.04
Maryna Spivak
The purpose of the article is to highlight the key issues related to legal liability for administrative offenses under article 173 and article 185 of the Code of Ukraine on Administrative Offenses. The author takes as a basis the proposals of the legislator set out in the Draft Law on Amendments to the Code of Ukraine on Administrative Offenses to protect the honor and dignity of citizens and law enforcement officers. A number of methods are used, which are determined by its purpose and objectives. Logical-semantic and formal-logical methods were used to improve the conceptual apparatus by defining the concepts of “public obscenity” and “public”, “public place”. The statistical method was used to review the dynamics of offenses in Ukraine. The comparative legal method was used in the implementation of all research objectives. The role and importance of administrative responsibility in the process of protection and protection of human rights and freedoms as an integral part of ensuring constitutional human rights in the context of аrticle 173 of the Code of Administrative Offenses and further optimization in the light of the issue under аrticle 185 of the Code of Administrative Offenses in terms of the perception of law enforcement officers as an important part of law enforcement reform, as adequate perception of police officers is associated with a high level of trust in them, with the prestige, popularity of their profession among the population. It was found that these offenses are characterized by significant fluctuations, primarily due to their latency (2010, 2015, 2018), small administrative penalties, fines, as well as the practice of combining several cases into one proceeding and imposition of sanctions under the “rule absorption” within the sanction of the norm. Judicial practice in cases of petty hooliganism and malicious disobedience is considered. The author bases the main proposals using the Unified state register of court decisions. In the conclusions, the author partially agrees with the legislator’s proposals to increase the amount of the fine. The main proposals of the author are that: 1) the combination in аrticle 173 of the Code of Administrative Offenses of such words as “public” and “obscene swearing in public places”, the single concept of “public obscene swearing in public places” does not seem very successful and is the result of the predominant use in the administrative field of these terms without interpretation; 2) аrticle 185 of the Code of Administrative Offenses should be supplemented by a combination of or insulting them in any form, which will significantly affect the positive case law. This can be explained by the fact that the article does not describe possible forms of insulting a police officer.
{"title":"ON THE PROTECTION OF THE HONOR AND DIGNITY OF CITIZENS AND LAW ENFORCEMENT OFFICERS: STRENGTHENING ADMINISTRATIVE RESPONSIBILITY","authors":"Maryna Spivak","doi":"10.17721/2227-796x.2022.1.04","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.1.04","url":null,"abstract":"The purpose of the article is to highlight the key issues related to legal liability for administrative offenses under article 173 and article 185 of the Code of Ukraine on Administrative Offenses. The author takes as a basis the proposals of the legislator set out in the Draft Law on Amendments to the Code of Ukraine on Administrative Offenses to protect the honor and dignity of citizens and law enforcement officers. A number of methods are used, which are determined by its purpose and objectives. Logical-semantic and formal-logical methods were used to improve the conceptual apparatus by defining the concepts of “public obscenity” and “public”, “public place”. The statistical method was used to review the dynamics of offenses in Ukraine. The comparative legal method was used in the implementation of all research objectives. The role and importance of administrative responsibility in the process of protection and protection of human rights and freedoms as an integral part of ensuring constitutional human rights in the context of аrticle 173 of the Code of Administrative Offenses and further optimization in the light of the issue under аrticle 185 of the Code of Administrative Offenses in terms of the perception of law enforcement officers as an important part of law enforcement reform, as adequate perception of police officers is associated with a high level of trust in them, with the prestige, popularity of their profession among the population. It was found that these offenses are characterized by significant fluctuations, primarily due to their latency (2010, 2015, 2018), small administrative penalties, fines, as well as the practice of combining several cases into one proceeding and imposition of sanctions under the “rule absorption” within the sanction of the norm. Judicial practice in cases of petty hooliganism and malicious disobedience is considered. The author bases the main proposals using the Unified state register of court decisions. In the conclusions, the author partially agrees with the legislator’s proposals to increase the amount of the fine. The main proposals of the author are that: 1) the combination in аrticle 173 of the Code of Administrative Offenses of such words as “public” and “obscene swearing in public places”, the single concept of “public obscene swearing in public places” does not seem very successful and is the result of the predominant use in the administrative field of these terms without interpretation; 2) аrticle 185 of the Code of Administrative Offenses should be supplemented by a combination of or insulting them in any form, which will significantly affect the positive case law. This can be explained by the fact that the article does not describe possible forms of insulting a police officer.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81229194","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.1.02
T. Vaida
The purpose of the article is to determine on the basis of the analysis of statistical data characterizing the state of road injuries in Ukraine, the main causes of road accidents; conducting a comparative description of existing technical means of speed control; description of the specifics of the use of removable (mobile) vehicles with integrated systems for automatic safety control (speed mode) on the roads by patrol police units. To achieve this goal, scientific methods were used, such as critical analysis of special literature and specification of current requirements of regulations in the field of road safety to control the speed limit; systematization of knowledge (information) from open Internet resources and generalization of existing approaches in popular science publications to solve the raised problem in Ukraine and in the world. Results. The norms of the current legislation have been determined and analysed, which provide the possibility of fixing violations of traffic rules at stationary posts and in automatic mode. Such categories of current legislation in the field of road safety, as “system for recording administrative offenses in the field of ensuring SRT in automatic node”, “technical means (control devices)”, the procedure for their application in accordance with the law. A comparative analysis of the use of “phantom” cars abroad was conducted. The tactical and technical characteristics of domestic patrol police vehicles, which control the speed of traffic due to the built-in integrated systems, are characterised. Some legal collisions that arise when using the above-mentioned mobile devices to control the speed limit on the roads are concretised. Conclusions were made on ensuring road safety as a complex problem that requires participation in its solution at various levels of many business entities and executive bodies; different ways of speed control on roads (stationary and mobile technical means) are noted; highlighted as one of the innovations in this area the application of “phantom” cars with integrated speed control systems; the presence of such “phantom” cars disciplines drivers and requires to comply the traffic rules be them anywhere on the road network.
{"title":"PECULIARITIES OF USE BY THE POLICE OF “PHANTOM”-CARS AS MOBILE TECHNICAL MEANS IN THE ROAD SAFETY SYSTEM (ON THE EXAMPLE OF UKRAINE)","authors":"T. Vaida","doi":"10.17721/2227-796x.2022.1.02","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.1.02","url":null,"abstract":"The purpose of the article is to determine on the basis of the analysis of statistical data characterizing the state of road injuries in Ukraine, the main causes of road accidents; conducting a comparative description of existing technical means of speed control; description of the specifics of the use of removable (mobile) vehicles with integrated systems for automatic safety control (speed mode) on the roads by patrol police units. To achieve this goal, scientific methods were used, such as critical analysis of special literature and specification of current requirements of regulations in the field of road safety to control the speed limit; systematization of knowledge (information) from open Internet resources and generalization of existing approaches in popular science publications to solve the raised problem in Ukraine and in the world. Results. The norms of the current legislation have been determined and analysed, which provide the possibility of fixing violations of traffic rules at stationary posts and in automatic mode. Such categories of current legislation in the field of road safety, as “system for recording administrative offenses in the field of ensuring SRT in automatic node”, “technical means (control devices)”, the procedure for their application in accordance with the law. A comparative analysis of the use of “phantom” cars abroad was conducted. The tactical and technical characteristics of domestic patrol police vehicles, which control the speed of traffic due to the built-in integrated systems, are characterised. Some legal collisions that arise when using the above-mentioned mobile devices to control the speed limit on the roads are concretised. Conclusions were made on ensuring road safety as a complex problem that requires participation in its solution at various levels of many business entities and executive bodies; different ways of speed control on roads (stationary and mobile technical means) are noted; highlighted as one of the innovations in this area the application of “phantom” cars with integrated speed control systems; the presence of such “phantom” cars disciplines drivers and requires to comply the traffic rules be them anywhere on the road network.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"72 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90592184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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