Pub Date : 2022-01-01DOI: 10.17721/2227-796x.2022.3.02
Anfisa Nashinets-Naumova, Olga Baitalyuk
The purpose of the article is to substantiate the peculiarities of the administrative and legal regulation of the activity of historical and cultural reserves in Ukraine as objects of cultural heritage. Methods. The research methodology consists of general and special methods of scientific knowledge, including comparative legal, systemic and structural, analysis, synthesis, and others, which allow a systematic and consistent approach to the disclosure of the questions posed, to investigate and compare the positions of scientists, the provisions of regulatory and legal acts of Ukraine, to formulate the author’s conclusions. The results. The first section of the article analyses approaches to defining the concept and classification of historical and cultural reserves. In the second section of the article, the legal regulation of the creation of a historical and cultural reserve is analysed, the list of documents that must be submitted in order to make a decision on its creation is determined, and the procedural terms for consideration of a request for the creation of a historical and cultural reserve are determined. The third section of the article analyses the legal features of the management of the historical and cultural reserve, defines the tasks and functions of the administration and the head of the historical and cultural reserve. The fourth chapter of the article defines the peculiarities of the activities of historical and cultural reserves in the conditions of the pandemic and martial law. Conclusions. Having analysed a number of legal acts on the administrative-legal regulation of the activity of historical-cultural reserves, it was established that at the administrative-legal level, the activity of historical-cultural reserves as objects of cultural heritage is regulated at a sufficient level. There is an established mechanism of legal regulation of their creation, management, and activity both in normal conditions and in the conditions of a pandemic of the respiratory disease COVID-19 caused by the SARS-CoV-2 coronavirus and in conditions of martial law. However, a rather complicated procedure (a number of necessary documents, the need to prove the expediency of creating a reserve, problems with financing, etc.) inhibits the creation of historical and cultural reserves.
{"title":"PECULIARITIES OF ADMINISTRATIVE AND LEGAL REGULATION OF THE ACTIVITY OF HISTORICAL AND CULTURAL RESERVES IN UKRAINE","authors":"Anfisa Nashinets-Naumova, Olga Baitalyuk","doi":"10.17721/2227-796x.2022.3.02","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.3.02","url":null,"abstract":"The purpose of the article is to substantiate the peculiarities of the administrative and legal regulation of the activity of historical and cultural reserves in Ukraine as objects of cultural heritage. Methods. The research methodology consists of general and special methods of scientific knowledge, including comparative legal, systemic and structural, analysis, synthesis, and others, which allow a systematic and consistent approach to the disclosure of the questions posed, to investigate and compare the positions of scientists, the provisions of regulatory and legal acts of Ukraine, to formulate the author’s conclusions. The results. The first section of the article analyses approaches to defining the concept and classification of historical and cultural reserves. In the second section of the article, the legal regulation of the creation of a historical and cultural reserve is analysed, the list of documents that must be submitted in order to make a decision on its creation is determined, and the procedural terms for consideration of a request for the creation of a historical and cultural reserve are determined. The third section of the article analyses the legal features of the management of the historical and cultural reserve, defines the tasks and functions of the administration and the head of the historical and cultural reserve. The fourth chapter of the article defines the peculiarities of the activities of historical and cultural reserves in the conditions of the pandemic and martial law. Conclusions. Having analysed a number of legal acts on the administrative-legal regulation of the activity of historical-cultural reserves, it was established that at the administrative-legal level, the activity of historical-cultural reserves as objects of cultural heritage is regulated at a sufficient level. There is an established mechanism of legal regulation of their creation, management, and activity both in normal conditions and in the conditions of a pandemic of the respiratory disease COVID-19 caused by the SARS-CoV-2 coronavirus and in conditions of martial law. However, a rather complicated procedure (a number of necessary documents, the need to prove the expediency of creating a reserve, problems with financing, etc.) inhibits the creation of historical and cultural reserves.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80900515","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.2022.4.02
I. Boiko
The purpose of the research is to find out the subject of regulation and scope of the Law of Ukraine «on Administrative Procedure», as well as the directions of activity where this law does not work. Methods. The research was carried out by means of the method of formal logic, formal-legal analysis, analysis of legal categories and understanding and their correlation, which allowed to give answers to the questions outlined in the purpose of this scientific investigation. Results. The importance of the Law of Ukraine «on Administrative Procedure» to regulate relations between public administration and private person is emphasized. Its European integration essence is underlined. The importance of administrative procedure for public administration is analyzed. The emphasis was placed on the need for law enforcement activities to define the subject of legal regulation and the scope of the law. Analysis of such fundamental provisions of the law on administrative procedure as administrative case, publicity of legal relations, rights, freedoms and lawful interests of the person, duties of the person, administrative body, functions of public administration, administrative act was made. Their essence and meaning is drawn. The position on the possibility of realization and protection in administrative proceeding of legal interests of the person is substantiated. An approach to understanding the administrative body in its functional context has been formulated. Types of administrative acts are given. The scope of the Law of Ukraine “on Administrative Procedure” and the exceptions to it are outlined. Conclusions. The definition of the subject of regulation and scope of the Law of Ukraine «on Administrative Procedure» is important for law enforcement, as it allows to outline the nature of public relations and the spheres of activity that will be regulated by the LAP. The category «administrative body» is characterized by functional purpose, which has a consequence of expansion of the circle of subjects whose activity is subject to regulatory influence on the part of the LAP. With the adoption of the LAP, the realization and protection of legal interests of the person through the implementation of administrative proceedings have received legal regulation. This opens up opportunities for the settlement of administrative cases involving interested persons, which will allow to take into account the interests of all participants of the proceeding and to adopt administrative act that will satisfy public interests and needs of persons. An administrative act should be understood as a decision or legally significant action on granting a person a right, its realization, assigning to a person the duty stipulated by the law, refusing to exercise the right, about early termination of the act, which is carried out by its cancellation, withdrawal or recognition as invalid. The scope of the LAP is public administration, with the exception of the relations established by the
{"title":"SUBJECT OF REGULATION AND SCOPE OF ACTION THE LAW OF UKRAINE «ON ADMINISTRATIVE PROCEDURE»","authors":"I. Boiko","doi":"10.17721/2227-796x.2022.4.02","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.4.02","url":null,"abstract":"The purpose of the research is to find out the subject of regulation and scope of the Law of Ukraine «on Administrative Procedure», as well as the directions of activity where this law does not work. Methods. The research was carried out by means of the method of formal logic, formal-legal analysis, analysis of legal categories and understanding and their correlation, which allowed to give answers to the questions outlined in the purpose of this scientific investigation. Results. The importance of the Law of Ukraine «on Administrative Procedure» to regulate relations between public administration and private person is emphasized. Its European integration essence is underlined. The importance of administrative procedure for public administration is analyzed. The emphasis was placed on the need for law enforcement activities to define the subject of legal regulation and the scope of the law. Analysis of such fundamental provisions of the law on administrative procedure as administrative case, publicity of legal relations, rights, freedoms and lawful interests of the person, duties of the person, administrative body, functions of public administration, administrative act was made. Their essence and meaning is drawn. The position on the possibility of realization and protection in administrative proceeding of legal interests of the person is substantiated. An approach to understanding the administrative body in its functional context has been formulated. Types of administrative acts are given. The scope of the Law of Ukraine “on Administrative Procedure” and the exceptions to it are outlined. Conclusions. The definition of the subject of regulation and scope of the Law of Ukraine «on Administrative Procedure» is important for law enforcement, as it allows to outline the nature of public relations and the spheres of activity that will be regulated by the LAP. The category «administrative body» is characterized by functional purpose, which has a consequence of expansion of the circle of subjects whose activity is subject to regulatory influence on the part of the LAP. With the adoption of the LAP, the realization and protection of legal interests of the person through the implementation of administrative proceedings have received legal regulation. This opens up opportunities for the settlement of administrative cases involving interested persons, which will allow to take into account the interests of all participants of the proceeding and to adopt administrative act that will satisfy public interests and needs of persons. An administrative act should be understood as a decision or legally significant action on granting a person a right, its realization, assigning to a person the duty stipulated by the law, refusing to exercise the right, about early termination of the act, which is carried out by its cancellation, withdrawal or recognition as invalid. The scope of the LAP is public administration, with the exception of the relations established by the ","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"62 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81055780","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.2022.1.03
O. Dubina
The purpose of the article is to form an idea of the modern system of subjects of protection of the rights of minors who are prosecuted for administrative offenses. The urgency of the topic is due to the high level of administrative offenses by children and the insufficiently effective level of legal support of their rights in administrative-tort proceedings. The research methodology was formed by a set of general scientific and special methods of cognition. In particular, the rethinking of the role of some subjects of administrative and tort proceedings with jurisdictional powers has been achieved through the dialectical method of cognition. The method of systematic analysis was used in building the system of subjects of ensuring the rights of minors who are brought to administrative responsibility. The sociological survey allowed to find out the attitude of specialists in the field of law to some debatable issues of the functioning of these entities, etc. The results of the study are a certain list of subjects of protection of the rights of minors who are prosecuted for committing administrative offenses, their role in this process. The properties and perspectives that characterize this system of subjects are highlighted: the tasks of protecting the rights of children in administrative-tort relations are implemented by the respective subjects within the framework of judicial proceedings or public administration (management); the obligation of a number of subjects to protect the rights of this category of persons derives from the tasks of proceedings in cases of administrative offenses and is combined with their administrative and jurisdictional powers; juvenile specialization of such participants in proceedings on administrative offenses as a judge, prosecutor, defense counsel – is a necessary condition for effective protection of the rights of a child in conflict with the law and ensuring its best interests in administrative-tort legal relations; in order to provide quality legal assistance, only a lawyer should be a defender of a minor who is brought to administrative responsibility; it is necessary to intensify the participation of scientific, human rights institutions and institutions of local communities in the search for and implementation of effective administrative and legal mechanisms to protect the rights of minors who are held administratively liable. The conclusions of the article propose a generalized version of the system of the main subjects of protection of the rights of minors prosecuted for committing administrative offenses, which are divided into the following groups – subjects: policy of protection of children’s rights in administrative-tort relations; entities that represent and protect the rights and interests of a minor in proceedings on administrative offenses; who must protect the rights of minors during the exercise of administrative and jurisdictional powers in this type of proceedings; who should protect the rights
{"title":"THE SYSTEM OF SUBJECTS FOR THE PROTECTION OF THE RIGHTS OF MINORS INVOLVED TO ADMINISTRATIVE RESPONSIBILITY","authors":"O. Dubina","doi":"10.17721/2227-796x.2022.1.03","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.1.03","url":null,"abstract":"The purpose of the article is to form an idea of the modern system of subjects of protection of the rights of minors who are prosecuted for administrative offenses. The urgency of the topic is due to the high level of administrative offenses by children and the insufficiently effective level of legal support of their rights in administrative-tort proceedings. The research methodology was formed by a set of general scientific and special methods of cognition. In particular, the rethinking of the role of some subjects of administrative and tort proceedings with jurisdictional powers has been achieved through the dialectical method of cognition. The method of systematic analysis was used in building the system of subjects of ensuring the rights of minors who are brought to administrative responsibility. The sociological survey allowed to find out the attitude of specialists in the field of law to some debatable issues of the functioning of these entities, etc. The results of the study are a certain list of subjects of protection of the rights of minors who are prosecuted for committing administrative offenses, their role in this process. The properties and perspectives that characterize this system of subjects are highlighted: the tasks of protecting the rights of children in administrative-tort relations are implemented by the respective subjects within the framework of judicial proceedings or public administration (management); the obligation of a number of subjects to protect the rights of this category of persons derives from the tasks of proceedings in cases of administrative offenses and is combined with their administrative and jurisdictional powers; juvenile specialization of such participants in proceedings on administrative offenses as a judge, prosecutor, defense counsel – is a necessary condition for effective protection of the rights of a child in conflict with the law and ensuring its best interests in administrative-tort legal relations; in order to provide quality legal assistance, only a lawyer should be a defender of a minor who is brought to administrative responsibility; it is necessary to intensify the participation of scientific, human rights institutions and institutions of local communities in the search for and implementation of effective administrative and legal mechanisms to protect the rights of minors who are held administratively liable. The conclusions of the article propose a generalized version of the system of the main subjects of protection of the rights of minors prosecuted for committing administrative offenses, which are divided into the following groups – subjects: policy of protection of children’s rights in administrative-tort relations; entities that represent and protect the rights and interests of a minor in proceedings on administrative offenses; who must protect the rights of minors during the exercise of administrative and jurisdictional powers in this type of proceedings; who should protect the rights ","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":"90082448","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 : 2021-01-01DOI: 10.17721/2227-796x.2021.2.04
S. Kidalov
The scientific article examines the content and essence of the legal qualification of administrative offenses, considers their features, for which there is responsibility in the field of waste management in Ukraine. The issue of qualification, in particular of certain types of offenses, issues of qualification of misdemeanors for which liability is provided in the field of waste management in Ukraine is studied. The aim of the work was to determine the features of qualification and study the practice of registration of materials in bringing to administrative responsibility in the field of waste management in Ukraine. In order to obtain the most reliable scientific results in the writing of the work used a number of general and special legal, theoretical and empirical methods of cognition, supplemented by the principles of dialectics. The use of these methods was mostly complex. The research methodology is based on a comprehensive approach to the analysis of the qualifications of administrative offenses in the field of waste management in Ukraine, which consists in the use of general and special scientific methods due to the specifics of the scientific article. The systematic method was used in the study of conceptual and methodological problems of defining the concepts: "qualification of an administrative offense" and "administrative offense". The formal-legal method was used to clarify the content of certain legal concepts. With regard to the results of the study, the article, based on the analysis of scientific views, considers the concepts and features of the qualification of administrative offenses in the field of waste management in Ukraine. It is determined that the qualification of acts as an administrative offense in the field of waste management in Ukraine is a comprehensive analysis of the content of the General and Special Parts of the Code of Administrative Offenses or other articles of administrative tort law thus correlate general and special offenses. Also, a study of administrative and legal qualifications in the field of liability for violations of waste management rules in Ukraine was conducted. Based on the analysis of current legislation and opinions of scientists, it is concluded that the key to the correct application of administrative law in the field of waste management in Ukraine is, first, to fulfill the purpose of administrative penalties in the context of the current Code. In particular, education of a person who has committed an administrative offense in the field of waste management in Ukraine, in the spirit of compliance with the laws of Ukraine, respect for the rules of coexistence and prevention of new offenses by the offender and others. Secondly, observance by bodies (officials) of the rights of persons involved in proceedings on administrative offenses in the field of waste management in Ukraine.
{"title":"PECULIARITIES OF QUALIFICATION OF ADMINISTRATIVE OFFENSES IN THE FIELD OF WASTE MANAGEMENT IN UKRAINE","authors":"S. Kidalov","doi":"10.17721/2227-796x.2021.2.04","DOIUrl":"https://doi.org/10.17721/2227-796x.2021.2.04","url":null,"abstract":"The scientific article examines the content and essence of the legal qualification of administrative offenses, considers their features, for which there is responsibility in the field of waste management in Ukraine. The issue of qualification, in particular of certain types of offenses, issues of qualification of misdemeanors for which liability is provided in the field of waste management in Ukraine is studied. The aim of the work was to determine the features of qualification and study the practice of registration of materials in bringing to administrative responsibility in the field of waste management in Ukraine. In order to obtain the most reliable scientific results in the writing of the work used a number of general and special legal, theoretical and empirical methods of cognition, supplemented by the principles of dialectics. The use of these methods was mostly complex. The research methodology is based on a comprehensive approach to the analysis of the qualifications of administrative offenses in the field of waste management in Ukraine, which consists in the use of general and special scientific methods due to the specifics of the scientific article. The systematic method was used in the study of conceptual and methodological problems of defining the concepts: \"qualification of an administrative offense\" and \"administrative offense\". The formal-legal method was used to clarify the content of certain legal concepts. With regard to the results of the study, the article, based on the analysis of scientific views, considers the concepts and features of the qualification of administrative offenses in the field of waste management in Ukraine. It is determined that the qualification of acts as an administrative offense in the field of waste management in Ukraine is a comprehensive analysis of the content of the General and Special Parts of the Code of Administrative Offenses or other articles of administrative tort law thus correlate general and special offenses. Also, a study of administrative and legal qualifications in the field of liability for violations of waste management rules in Ukraine was conducted. Based on the analysis of current legislation and opinions of scientists, it is concluded that the key to the correct application of administrative law in the field of waste management in Ukraine is, first, to fulfill the purpose of administrative penalties in the context of the current Code. In particular, education of a person who has committed an administrative offense in the field of waste management in Ukraine, in the spirit of compliance with the laws of Ukraine, respect for the rules of coexistence and prevention of new offenses by the offender and others. Secondly, observance by bodies (officials) of the rights of persons involved in proceedings on administrative offenses in the field of waste management in Ukraine.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75100887","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 : 2021-01-01DOI: 10.17721/2227-796x.2021.2.05
V. Teremetskyi, A. Podzirov
The article is focused on studying such means of administrative and legal guaranteeing as registration and authorization procedures. The purpose of the article is to provide characteristics to authorization and registration procedures as type of administrative and legal means to guarantee the development of medical tourism on the basis of the analysis of the current legislation in the field of medical tourism. The objective of the scientific research is to prepare recommendations for further improvement of the current legislation on the researched issue in the tourist and health care sectors. To achieve scientific objectivity the author has used both general and special legal research methods; the methodological basis of which was universal dialectical methods used to reveal the nature and content of authorization and registration procedures as administrative and legal means of guaranteeing the development of medical tourism. The current regulatory legal acts regulating authorization and registration procedures in the field of tourism operations and health care sector related to medical tourism have been analyzed. It has been stated that the current legislation in the field of tourism operations and health care, regulating authorization and registration procedures, requires further improvement in order to ensure the efficient development of medical tourism, the effective attraction of investment in this area. Thus, the legislation on licensing activities in the field of medical tourism should be improved due to the peculiarities and specifics of medical services as an element of the tourist product, because the activities of travel agents under the current Ukrainian legislation are not subject to licensing, as well as the operations of the companies that are providers of medical services, where licensing of travel agencies’ operations is carried out without taking into account the peculiarities of medical tourism in terms of the content of this activity. Taking into account the conflicting provisions of the current legislation regarding the nature of accreditation of health care institutions, the author has offered to establish their mandatory accreditation at the legislative level, taking into account the risk of medical activities for health and life of consumers of health care services and in order to have real quality staffing, logistical and organizational provision of such services. Visa-requiring procedures need to be simplified in order to ensure the effective development of inbound medical tourism. The formation of the Unified Information Register of Medical Institutions (national and foreign), which have agreements (concluded agreements) in the field of medical tourism acquires special significance among registration procedures.
{"title":"REGISTRATION AND AUTHORIZATION PROCEDURES IN THE FIELD OF MEDICAL TOURISM","authors":"V. Teremetskyi, A. Podzirov","doi":"10.17721/2227-796x.2021.2.05","DOIUrl":"https://doi.org/10.17721/2227-796x.2021.2.05","url":null,"abstract":"The article is focused on studying such means of administrative and legal guaranteeing as registration and authorization procedures. The purpose of the article is to provide characteristics to authorization and registration procedures as type of administrative and legal means to guarantee the development of medical tourism on the basis of the analysis of the current legislation in the field of medical tourism. The objective of the scientific research is to prepare recommendations for further improvement of the current legislation on the researched issue in the tourist and health care sectors. To achieve scientific objectivity the author has used both general and special legal research methods; the methodological basis of which was universal dialectical methods used to reveal the nature and content of authorization and registration procedures as administrative and legal means of guaranteeing the development of medical tourism. The current regulatory legal acts regulating authorization and registration procedures in the field of tourism operations and health care sector related to medical tourism have been analyzed. It has been stated that the current legislation in the field of tourism operations and health care, regulating authorization and registration procedures, requires further improvement in order to ensure the efficient development of medical tourism, the effective attraction of investment in this area. Thus, the legislation on licensing activities in the field of medical tourism should be improved due to the peculiarities and specifics of medical services as an element of the tourist product, because the activities of travel agents under the current Ukrainian legislation are not subject to licensing, as well as the operations of the companies that are providers of medical services, where licensing of travel agencies’ operations is carried out without taking into account the peculiarities of medical tourism in terms of the content of this activity. Taking into account the conflicting provisions of the current legislation regarding the nature of accreditation of health care institutions, the author has offered to establish their mandatory accreditation at the legislative level, taking into account the risk of medical activities for health and life of consumers of health care services and in order to have real quality staffing, logistical and organizational provision of such services. Visa-requiring procedures need to be simplified in order to ensure the effective development of inbound medical tourism. The formation of the Unified Information Register of Medical Institutions (national and foreign), which have agreements (concluded agreements) in the field of medical tourism acquires special significance among registration procedures.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91102680","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 : 2021-01-01DOI: 10.17721/10.17721/2227-796x.2021.1.01
V. Halunko
The article clarifies the place and role of administrative law of Ukraine in the paradigm of the vector of movement to the West and North-East. It is proved that the democracy of national administrative law depends not only on the content of the state constitution, but also on the actual content of policy implementation and public administration by the government. The division in this area is as follows. If public authorities do not have the opportunity to influence scholars, but instead use the principles and administrative tools developed by them to ensure the rights of freedoms and interests of individuals and provide administrative services, then this is the administrative law of a democratic state. If the state regime has a practical opportunity to put pressure on the media, civil society and private small and medium-sized businesses, then we are dealing with the administrative law of a totalitarian (authoritarian) state It is concluded that the modern administrative law of Ukraine is progressive and not only in line with European values, but in some respects occupies a leading position in it. It is proposed to export theoretical principles, principles and tools to young scientists and students of Russia and Belarus. Demonstrating the advantages of a democratic system and the dominance of the principle of the rule of law in public administration carry out, both on the example of Ukraine and the member states of the European Union.It is concluded that in the conditions of the hybrid war waged by the Russian leadership against Ukrain e, the struggle for civilized democratic thinking of the citizens of the North-Eastern countries, primarily Russian and Belarusian youth, should be carried out, including by bringing them to European-Ukrainian theory of administrative law examples of its application to prevent corruption, effective protection of the rights and freedoms of individuals from the arbitrariness of officials.
{"title":"THE PLACE AND ROLE OF ADMINISTRATIVE LAW OF UKRAINE IN THE PARADIGM OF THE VECTOR OF MOVEMENT TO THE WEST AND NORTH-EAST","authors":"V. Halunko","doi":"10.17721/10.17721/2227-796x.2021.1.01","DOIUrl":"https://doi.org/10.17721/10.17721/2227-796x.2021.1.01","url":null,"abstract":"The article clarifies the place and role of administrative law of Ukraine in the paradigm of the vector of movement to the West and North-East. It is proved that the democracy of national administrative law depends not only on the content of the state constitution, but also on the actual content of policy implementation and public administration by the government. The division in this area is as follows. If public authorities do not have the opportunity to influence scholars, but instead use the principles and administrative tools developed by them to ensure the rights of freedoms and interests of individuals and provide administrative services, then this is the administrative law of a democratic state. If the state regime has a practical opportunity to put pressure on the media, civil society and private small and medium-sized businesses, then we are dealing with the administrative law of a totalitarian (authoritarian) state It is concluded that the modern administrative law of Ukraine is progressive and not only in line with European values, but in some respects occupies a leading position in it. It is proposed to export theoretical principles, principles and tools to young scientists and students of Russia and Belarus. Demonstrating the advantages of a democratic system and the dominance of the principle of the rule of law in public administration carry out, both on the example of Ukraine and the member states of the European Union.It is concluded that in the conditions of the hybrid war waged by the Russian leadership against Ukrain e, the struggle for civilized democratic thinking of the citizens of the North-Eastern countries, primarily Russian and Belarusian youth, should be carried out, including by bringing them to European-Ukrainian theory of administrative law examples of its application to prevent corruption, effective protection of the rights and freedoms of individuals from the arbitrariness of officials.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"53 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88248012","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 : 2021-01-01DOI: 10.17721/2227-796x.2021.4.03
O. Rudenko
Purpose. The purpose of the article is to determine the procedural consequences of noncompliancewith the rules of territorial jurisdiction (jurisdiction) in administrative proceedingsand to make recommendations aimed at improving legal regulation in this area. Methods. Generaland special methods are the theoretical and methodological basis of the study. With the help of theuniversal dialectical method the problems of determining in the procedural law the consequencesof violation of the rules of jurisdiction in administrative proceedings in their complexity andcontradictions are studied, as well as ways to improve legal regulation in this area. The use ofthe special-legal method and the method of system analysis, as well as the logical-legal method allowed to study the content of certain norms of administrative procedural legislation related tothe topic of work in their system connection.Results. It is noted that the territorial jurisdiction of administrative cases determines thejurisdiction between administrative courts of one level depending on the territory to which theirjurisdiction extends. It is proved that under the current administrative procedural legislation ofUkraine violation of the rules of territorial jurisdiction entails two consequences: 1) transfer ofthe case from one court to another in the established jurisdiction; 2) cancellation of the courtdecision at the stages of appellate and cassation proceedings with the referral of the case to thecourt of first instance in the established jurisdiction for a new trial.It is concluded that the existence of grounds for transferring the case to jurisdiction prevents theopening of proceedings. The correctness of the legislator’s refusal from such a consequence ofviolation of the rules of jurisdiction as the return of the claim is argued. It is pointed out that it isinexpedient to set deadlines for applying to the court with a request to transfer the case under theestablished jurisdiction. It is substantiated that consideration by the court of first instance of acase in violation of the rules of jurisdiction cannot be an independent ground for revoking a courtdecision on appeal and in cassation.Conclusions. It is proposed to provide at the legislative level that one of the conditions forinitiating proceedings in an administrative case is the absence of grounds for its transfer toanother court with established jurisdiction, the right of the parties to appeal the decision to refuseto transfer the case under separate jurisdiction. to refer the case under the rules of territorialjurisdiction to another court in case of recognition of the actions of the parties to the case,committed to change jurisdiction, abuse of procedural rights.
{"title":"CONSEQUENCES OF VIOLATION OF THE RULES OF TERRITORIAL JURISDICTION IN ADMINISTRATIVE PROCEEDINGS","authors":"O. Rudenko","doi":"10.17721/2227-796x.2021.4.03","DOIUrl":"https://doi.org/10.17721/2227-796x.2021.4.03","url":null,"abstract":"Purpose. The purpose of the article is to determine the procedural consequences of noncompliancewith the rules of territorial jurisdiction (jurisdiction) in administrative proceedingsand to make recommendations aimed at improving legal regulation in this area. Methods. Generaland special methods are the theoretical and methodological basis of the study. With the help of theuniversal dialectical method the problems of determining in the procedural law the consequencesof violation of the rules of jurisdiction in administrative proceedings in their complexity andcontradictions are studied, as well as ways to improve legal regulation in this area. The use ofthe special-legal method and the method of system analysis, as well as the logical-legal method allowed to study the content of certain norms of administrative procedural legislation related tothe topic of work in their system connection.Results. It is noted that the territorial jurisdiction of administrative cases determines thejurisdiction between administrative courts of one level depending on the territory to which theirjurisdiction extends. It is proved that under the current administrative procedural legislation ofUkraine violation of the rules of territorial jurisdiction entails two consequences: 1) transfer ofthe case from one court to another in the established jurisdiction; 2) cancellation of the courtdecision at the stages of appellate and cassation proceedings with the referral of the case to thecourt of first instance in the established jurisdiction for a new trial.It is concluded that the existence of grounds for transferring the case to jurisdiction prevents theopening of proceedings. The correctness of the legislator’s refusal from such a consequence ofviolation of the rules of jurisdiction as the return of the claim is argued. It is pointed out that it isinexpedient to set deadlines for applying to the court with a request to transfer the case under theestablished jurisdiction. It is substantiated that consideration by the court of first instance of acase in violation of the rules of jurisdiction cannot be an independent ground for revoking a courtdecision on appeal and in cassation.Conclusions. It is proposed to provide at the legislative level that one of the conditions forinitiating proceedings in an administrative case is the absence of grounds for its transfer toanother court with established jurisdiction, the right of the parties to appeal the decision to refuseto transfer the case under separate jurisdiction. to refer the case under the rules of territorialjurisdiction to another court in case of recognition of the actions of the parties to the case,committed to change jurisdiction, abuse of procedural rights.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89770326","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 : 2021-01-01DOI: 10.17721/2227-796x.2021.3.03
T. Anishchenko
The author of the article has studied specific features of normative and legal regulation of the issues of competitive interests in Ukraine. It has been noted that there are still problematic issues of practical application of the norms of current legislation in regard to drawing up protocols by authorized entities and in regard to court hearings in the relevant category at the present stage of development of anti-corruption legislation. The author has separately emphasized on specific features of resolving competitive interest in foreign countries. There is an example of the fact that the most common issues regulated by EU law are the obligation to maintain impartiality and the ban on combining positions, while the issues of gifts, rewards and restrictions on choosing activities after leaving office are almost not raised. Special attention has been paid to studying the Generalizations of Judicial Practice in Cases on Administrative Offenses Related to Corruption; the Methodical Recommendations on the Application of Certain Provisions of the Law of Ukraine “On Preventing Corruption” regarding the prevention and settlement of competitive interests, the compliance with restrictions on the prevention of corruption developed by the National Agency for the Prevention of Corruption in 2021 has become a special achievement of recent years, aimed at forming unified approach to the compliance with the rules for the prevention and settlement of competitive interests, restrictions on the prevention of corruption as an integral part of preventing the commission of corruption and corruption-related offenses. The report on the implementation of anti-corruption reforms in Eastern Europe and Central Asia countries, published by the Organization for Economic Cooperation and Development on deepening cooperation, has been separately highlighted. This report summarizes the implementation of the Istanbul Anti-Corruption Action Plan and notes that the quality of mechanisms for monitoring the implementation of anti-corruption policies remains low in almost all of the indicated countries; in most cases it is based not on objective indicators and criteria, but on reports from executing agencies.
{"title":"CONFLICT OF INTEREST: FROM THE LAW TO THE COURT DECISION","authors":"T. Anishchenko","doi":"10.17721/2227-796x.2021.3.03","DOIUrl":"https://doi.org/10.17721/2227-796x.2021.3.03","url":null,"abstract":"The author of the article has studied specific features of normative and legal regulation of the issues of competitive interests in Ukraine. It has been noted that there are still problematic issues of practical application of the norms of current legislation in regard to drawing up protocols by authorized entities and in regard to court hearings in the relevant category at the present stage of development of anti-corruption legislation. The author has separately emphasized on specific features of resolving competitive interest in foreign countries. There is an example of the fact that the most common issues regulated by EU law are the obligation to maintain impartiality and the ban on combining positions, while the issues of gifts, rewards and restrictions on choosing activities after leaving office are almost not raised. Special attention has been paid to studying the Generalizations of Judicial Practice in Cases on Administrative Offenses Related to Corruption; the Methodical Recommendations on the Application of Certain Provisions of the Law of Ukraine “On Preventing Corruption” regarding the prevention and settlement of competitive interests, the compliance with restrictions on the prevention of corruption developed by the National Agency for the Prevention of Corruption in 2021 has become a special achievement of recent years, aimed at forming unified approach to the compliance with the rules for the prevention and settlement of competitive interests, restrictions on the prevention of corruption as an integral part of preventing the commission of corruption and corruption-related offenses. The report on the implementation of anti-corruption reforms in Eastern Europe and Central Asia countries, published by the Organization for Economic Cooperation and Development on deepening cooperation, has been separately highlighted. This report summarizes the implementation of the Istanbul Anti-Corruption Action Plan and notes that the quality of mechanisms for monitoring the implementation of anti-corruption policies remains low in almost all of the indicated countries; in most cases it is based not on objective indicators and criteria, but on reports from executing agencies.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89806616","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 : 2021-01-01DOI: 10.17721/2227-796x.2021.2.06
T. Shynkar
The article states that due to the fact that Ukraine is waging a hybrid war with the RussianFederation, the state is taking administrative and legal measures to restrict the rights of citizensto information in the interests of national security. Such a restriction must take place in a clearlydefined form and meet the requirements of national and international law, ie we can say that thereis an international legal mechanism for restricting human rights. It must, firstly, have a regulatorycomponent (norms of international and national law on the basis of which the mechanismoperates), and secondly, the organizational component (procedure, conditions and procedure forimplementation). The normative-legal component includes international normative-legal acts,which establish the rights and freedoms of man and citizen, including the procedure, groundsand conditions for their restriction. The organizational and legal component of the internationallegal mechanism for restricting human rights in the interests of national security consists of suchelements as: 1) material conditions (exceptional threat to the life of the nation; proportionality;principle of non-discrimination; inadmissibility state of emergency (martial law; respect for otherobligations under international law.); 2) procedural conditions (official declaration of state ofemergency; notification of the Secretary General of the United Nations or the Secretary Generalof the Council of Europe; parliamentary control). Derogation is defined as a situation in whicha law, ordinance, or decision is partially repealed.In acts relating to European Union law, the term "derogation" is used in cases where a Member State decides not to apply a special provisionof a particular agreement or law, in cases such as emergencies and force majeure. In Ukraine,these may include, in particular, special administrative and legal regimes. Derogations are mostpronounced in the introduction of special legal regimes that threaten national security, suchas state of emergency and martial law. It is then that deviations from international obligationsand restrictions on the right to information are most significant. It has been determined thatscholars-administrators speak about the emergence of "hybrid" or "mixed" administrative-legalregimes, which combine the features of special and other special administrative-legal regimes.The derogation in such "hybrid" or "mixed" administrative-legal regimes is partial and cannotbe used in full. In the period of "hybrid" administrative and legal regimes, derogations applyadditional administrative and legal measures in the information sphere, such as, for example,provided for in the Law of Ukraine "On Sanctions". It is concluded that the threat to the Ukrainiannation from the Russian Federation forced the leadership of our state to apply the internationallegal mechanism of restriction of human rights, including in the information sphere.
{"title":"APPLICATION IN THE CONDITIONS OF EMERGENCY ADMINISTRATIVE AND LEGAL REGIMES OF THE DEROGATION MECHANISM REGARDING THE RESTRICTIONS OF CITIZENS ‘RIGHTS TO INPATCHAN","authors":"T. Shynkar","doi":"10.17721/2227-796x.2021.2.06","DOIUrl":"https://doi.org/10.17721/2227-796x.2021.2.06","url":null,"abstract":"The article states that due to the fact that Ukraine is waging a hybrid war with the RussianFederation, the state is taking administrative and legal measures to restrict the rights of citizensto information in the interests of national security. Such a restriction must take place in a clearlydefined form and meet the requirements of national and international law, ie we can say that thereis an international legal mechanism for restricting human rights. It must, firstly, have a regulatorycomponent (norms of international and national law on the basis of which the mechanismoperates), and secondly, the organizational component (procedure, conditions and procedure forimplementation). The normative-legal component includes international normative-legal acts,which establish the rights and freedoms of man and citizen, including the procedure, groundsand conditions for their restriction. The organizational and legal component of the internationallegal mechanism for restricting human rights in the interests of national security consists of suchelements as: 1) material conditions (exceptional threat to the life of the nation; proportionality;principle of non-discrimination; inadmissibility state of emergency (martial law; respect for otherobligations under international law.); 2) procedural conditions (official declaration of state ofemergency; notification of the Secretary General of the United Nations or the Secretary Generalof the Council of Europe; parliamentary control). Derogation is defined as a situation in whicha law, ordinance, or decision is partially repealed.In acts relating to European Union law, the term \"derogation\" is used in cases where a Member State decides not to apply a special provisionof a particular agreement or law, in cases such as emergencies and force majeure. In Ukraine,these may include, in particular, special administrative and legal regimes. Derogations are mostpronounced in the introduction of special legal regimes that threaten national security, suchas state of emergency and martial law. It is then that deviations from international obligationsand restrictions on the right to information are most significant. It has been determined thatscholars-administrators speak about the emergence of \"hybrid\" or \"mixed\" administrative-legalregimes, which combine the features of special and other special administrative-legal regimes.The derogation in such \"hybrid\" or \"mixed\" administrative-legal regimes is partial and cannotbe used in full. In the period of \"hybrid\" administrative and legal regimes, derogations applyadditional administrative and legal measures in the information sphere, such as, for example,provided for in the Law of Ukraine \"On Sanctions\". It is concluded that the threat to the Ukrainiannation from the Russian Federation forced the leadership of our state to apply the internationallegal mechanism of restriction of human rights, including in the information sphere.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83283959","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 : 2021-01-01DOI: 10.17721/2227-796x.2021.1.03
N. Hliborob
The article discusses the problems of digital transformation of public services. The article examines the European principles of digitalization in the public sector. The principles are analyzed: openness, transparency, technological neturality and data portability, user-centricity, inclusion and accessibility, security and privacy, administrative simplification, preservation of information, assessment of effectiveness and efficiency. Methods. Method of analysis and synthesis, generalization and explanation for a deeper understanding of the digital transformation of public services and their features. Special research methods were also used, in particular, formal-logical research of legal support of digital public services and comparative-legal. Results. The necessity of formation of legal regulation of digital transformation in the sphere of public services is substantiated. The development and adoption of a national strategy for digitalization of public administration is urgent. This strategy should take into account the current state of development of digital technologies, comply with the principles and trends that have developed at the EU level. Conclusions. Еlectronic public services are a change in approaches and methods of work, a change in the paradigm of interaction between public administration and society. and man, the final approval of the concept of “human-centeredness” in the activities of public authority.
{"title":"DIGITIZATION OF PUBLIC SERVICES: LEGAL REGULATION IN THE CONTEXT OF EUROPEAN PRINCIPLES","authors":"N. Hliborob","doi":"10.17721/2227-796x.2021.1.03","DOIUrl":"https://doi.org/10.17721/2227-796x.2021.1.03","url":null,"abstract":"The article discusses the problems of digital transformation of public services. The article examines the European principles of digitalization in the public sector. The principles are analyzed: openness, transparency, technological neturality and data portability, user-centricity, inclusion and accessibility, security and privacy, administrative simplification, preservation of information, assessment of effectiveness and efficiency. Methods. Method of analysis and synthesis, generalization and explanation for a deeper understanding of the digital transformation of public services and their features. Special research methods were also used, in particular, formal-logical research of legal support of digital public services and comparative-legal. Results. The necessity of formation of legal regulation of digital transformation in the sphere of public services is substantiated. The development and adoption of a national strategy for digitalization of public administration is urgent. This strategy should take into account the current state of development of digital technologies, comply with the principles and trends that have developed at the EU level. Conclusions. Еlectronic public services are a change in approaches and methods of work, a change in the paradigm of interaction between public administration and society. and man, the final approval of the concept of “human-centeredness” in the activities of public authority.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"57 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91501340","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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