Administrative law and process最新文献

{"title":"STANDARDIZATION IN THE FIELD OF ARCHIVAL AFFAIRS: INTERNATIONAL EXPERIENCE AND PROBLEMS OF HARMONIZATION IN UKRAINE","authors":"Liliia Popova, A. Khromov","doi":"10.17721/2227-796x.2021.4.01","DOIUrl":"https://doi.org/10.17721/2227-796x.2021.4.01","url":null,"abstract":"The article is devoted to the study of standardization in the field of archival affairs and record keeping in the conditions of development of the world information space and digitalization of society. The aim of the article is to study the current national archival legislation, national standards in the field of archives and record keeping and identify the state and problems of harmonization of international standards in Ukraine in the development of global information space and digitalization of society. Methods. The theoretical and methodological basis of the study are the works of leading domestic and foreign scholars on harmonization and standardization in the field of archives and record keeping, legislation and regulations governing activities in this area. In the process of research general scientific and special legal methods of cognition were used. Among the general scientific methods used is the dialectical method, which is revealed using the methods of analysis and synthesis, ascent from simple to complex, from abstract to concrete, abstraction, idealization and formalization. Results. In recent years, Ukraine has followed international and European standardization rulesand procedures, as well as the direct implementation of international standards. At the sametime, the current state of standardization in the field of archives and record keeping in the contextof informatization and digitalization of society can be described as one that lags far behind theinternational. A number of standards in the field of archiving and record keeping are analyzed.As a result of research of theoretical and organizational-practical principles of harmonizationand standardization in the field of archives and record keeping in Ukraine, a number of problemsrelated to financial problems, low level of information-analytical and organizational support ofstandardization process, etc. It is concluded that the harmonization of international standards inthe field of archives and record keeping in Ukraine largely depends on optimizing the structure ofstate archives of Ukraine and, accordingly, their activities, which will increase the efficiency ofthe archival industry as a whole.Prospects for further research will be aimed at further studying the international experienceof standardization in the field of archives and record keeping, harmonization of internationalstandards into national practice, which will help increase the effectiveness of archival practice.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85647319","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}

{"title":"ELECTRONIC EVIDENCE IN THE ADMINISTRATIVE PROCEDURE IN UKRAINE IN THE LIGHT OF THE INFORMATIONAL APPROACH","authors":"V. Budkevych","doi":"10.17721/2227-796x.2020.1.06","DOIUrl":"https://doi.org/10.17721/2227-796x.2020.1.06","url":null,"abstract":"The purpose of the scientific paper is to develop solutions for the improvement of the electronic\u0000\u0000evidence sub-institute in the administrative procedure in Ukraine based on the informational approach. The methodological framework for the research is represented by theoretical advances in the field of procedural law, with an emphasis on the theory of evidence and proof, as well as computer forensics, information law and technical literature. Comparative and formal legal methods, structural-functional analysis, inductive and deductive reasoning have been used to conduct the research. As a result of the research the analysis of the current theoretical developments in the study of the interdisciplinary sub-institute of the electronic evidence has been conducted; scientific comparison between the “objective” (traditional to the domestic theory of proof) and “informational” approaches to the definition of electronic evidence has been carried out; main theoretical and practical issues, arising from the application of different approaches to the perception of electronic evidence have been discovered and propositions for legislative amendments were made. Key findings of the study are briefly summarized below. In determination of the concept and the essence of electronic evidence an optimal combination of both objective and informational approaches to the perception of the electronic evidence should be applied. Differentiation between the original and the copy of electronic evidence should not be abandoned, and it should be allowed for the court to substantiate its findings with the copies of the electronic evidence in specific cases. Particular amendments to the Code of Administrative Procedure of Ukraine should be made with respect to: the definition of the original and the copy of electronic evidence; legal regulation of particular issues concerned with the use of originals and copies of the electronic evidence when proving the factual circumstances of the case (as well as when rendering the final and interim decisions by the court and when using the special knowledge) – primarily, in compliance with technical standards, that have recently been approved in Ukraine, regulating certain issues on the processing of electronic digital evidence.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88785307","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}

{"title":"LEGAL STATUS OF THE COURT SESSION SECRETARY IN CIVIL AND ADMINISTRATIVE PROCEEDINGS","authors":"K. Kutsenko","doi":"10.17721/2227-796x.2020.4.05","DOIUrl":"https://doi.org/10.17721/2227-796x.2020.4.05","url":null,"abstract":"The scientific research is focused on the legal status of the court session secretary in civil and administrative proceedings. The purpose of the article is to determine specific features of the legal status of the court session secretary. The objective of the research is to develop recommendations for amending the current legislation to improve the legal status of the court session secretary. The methodological basis of the research constituted general scientific and special legal methods of cognition. The author has used the method of philosophical dialectics among the general scientific methods, which is revealed through the methods of analysis and synthesis, ascent from simple to complex, from abstract to concrete, modeling, abstraction, idealization and formalization. The special legal methods used in the research combine systemic, theoretical and legal, formal and dogmatic, comparative and legal methods of cognition, as well as the method of state and legal modeling. The norms of legislative acts and by-laws regulating the legal status of this official have been analyzed. The author has defined specific features of the legal status of the court session secretary related to the public service, belonging to the court administration, place and significance in civil and administrative proceedings. Specific features of the legal status of the court session secretaries are to apply the rights and responsibilities of civil servants to them; to appoint them to the position based on the results of the competition; the submission of a declaration of their property status for the previous year before the appointment; to apply restrictions of civil servants and anti-corruption restrictions for them. Remuneration, social and legal protection of the court session secretaries are determined in accordance with the legislation on public service; they exercise their powers within the internal labor regulations established for court staff, they comply with the rules of conduct for court employees and ethical requirements for civil servants in relations with court staff and visitors. Among specific features of the legal status we should name the existence of special grounds for bringing to disciplinary liability, the focus of powers on organizational provision of the case hearing by a judge, the impact of the nature of communication (interaction) of the court session secretary with the participants in the trial on the authority of the judicial power in society, the possibility to file the motion to recuse the court session secretary in civil and administrative proceedings. The author as a result of studying the researched problem has formulated own definition of the “legal status of the court session secretary”. It has been offered to amend the current legislation, which determines the legal status of the court session secretary.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78680531","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}

{"title":"THE OBJECT OF THE ADMINISTRATIVE OFFENSE IN THE QUALIFICATION AND SYSTEMATISATION OF DOMESTIC ADMINISTRATIVE-TORT LEGISLATION ON ROAD TRANSPORT","authors":"A. Nefedova, Tatiana Shyrmova","doi":"10.17721/2227-796x.2020.1.04","DOIUrl":"https://doi.org/10.17721/2227-796x.2020.1.04","url":null,"abstract":"The article deals with the subject of administrative misconduct in road transport and its role in the rulemaking and enforcement activities. The basic doctrinal approaches to understanding the object of administrative misconduct in road transport are summarized. It is concluded that there is no single vision of their nature and content in domestic administrative law. The necessity to harmonize scientific positions and develop a unified concept of the object of administrative misconduct (including administrative misconduct in road transport) at all levels of its generalization and objectification is substantiated. On the basis of the analysis of modern scientific researches and the current administrativetort legislation the classification of objects of administrative offenses in the road transport is made. The author’s definitions of the concepts of general, generic, species and direct object of administrative offenses in road transport are formulated. Their actual content is specified. The essence of the main and additional object of administrative misconduct is revealed. The polysubjectiveness of the majority of administrative offenses in the road transport is ascertained. The role of the object of administrative misconduct in the structuring and systematization of domestic administrative-tort legislation is investigated. It is determined that the generic object of administrative misconduct is the main criterion for the division of the Special part of the Code of Administrative Offenses into separate Chapters. Topical issues of legal regulation of administrative-tort relations in road transport are highlighted. A set of legislative proposals aimed at harmonizing the structure of the Code of Administrative Offenses, in particular, regarding the regulation of liability for administrative offenses in road transport, has been elaborated.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86251970","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}

{"title":"THE PHASE-OUT OF NUCLEAR POWER IN GERMANY","authors":"Thomas Mann","doi":"10.17721/2227-796x.2020.1.03","DOIUrl":"https://doi.org/10.17721/2227-796x.2020.1.03","url":null,"abstract":"Over the past 20 years, political attitudes in Germany towards the nuclear industry have been characterised less by consistency than by some major policy shifts, and the same can be said for the legislation that emerged from these attitudes. Although a number of these about-turns were predictable, others were less so because of their dependence on external factors. What now looks likely to be the final1 decision to phase out the civil use of nuclear power in Germany by 31 December 20222 raises a whole host of legal questions. In particular, the procedure followed to implement this phase-out provides ample material for debates on questions of constitutionality. Further matters of jurisprudential interest include the agreements concluded with the nuclear industry before the final phase-out decision was taken and the chronologically close political about-face themselves. Finally, a degree of legal uncertainty still surrounds not only the as-yet still unresolved issue of final repositories but also the resurgent debate over the source of funding for the dismantling of nuclear power plants. After providing an overview of the initial situation and the problems arising in connection with Germany’s phasing out of the civil use of nuclear energy, this paper will place these issues in their proper legal context before evaluating them and highlighting the connection between these points of nuclear law and the current upheaval in German energy policy.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89786794","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}

{"title":"ADMINISTRATIVE OFFENCE IN THE FIELD OF INTELLECTUAL PROPERTY AS THE GROUND FOR ADMINISTRATIVE LIABILITY","authors":"A. Khridochkin, P. Makushev","doi":"10.17721/2227-796x.2020.1.02","DOIUrl":"https://doi.org/10.17721/2227-796x.2020.1.02","url":null,"abstract":"The article deals with homogeneous group of administrative offences - administrative offences in the field of intellectual property as a basis of administrative liability. It is emphasized that the objective features of this administrative offence are its social harm, wrongfulness and punishment, and subjective ones are guilt and subjectivity. It is emphasized that only in the presence of all these features can one speak of qualifying an individual’s act as an administrative offence and resolving the issue of bringing him to administrative liability. The definition of the term “administrative offence in the field of intellectual property” is proposed as envisaged by the legislation on administrative liability of socially harmful, unlawful, guilty act, committed by the subjects of such unlawful acts that encroach on the set of property and personal non-property rights to the intellectual results. It is established that all warehouses of administrative offences in the field of intellectual property (art. 51-2, 107-1, 156-3 (in the part concerning intellectual property objects), 164-3, 164-6, 164-7, 164-8, 164-9, 164-13) there are such elements as objective signs and subjective features, which in their unity form the composition of administrative offences of this group. It is noted that the only generic object of these administrative offences is the group of public relations of intellectual property, which are protected by the law on administrative liability, and the subject of this group of public relations are objects of intellectual property. It is proved that the objective side of administrative offences in the field of intellectual property is a set of ways of infringement of intellectual property rights. Attention is drawn to the fact that in practice the violation of intellectual property rights to different objects has different economic, social and legal consequences, and therefore the degree of their social harm is different, and therefore there is a need to differentiate administrative liability depending on the intellectual property. Subjective signs of the administrative offences of this group, which are represented by their subject, are established, and the subjective side is characterized by the fact that they are committed only intentionally.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"88 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86704379","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}

{"title":"REGARDING THE DISCUSSION ABOUT THE COEXISTENCE OF PEOPLE’S AND OTHER FORMS OF OWNERSHIP ON NATURAL OBJECTS","authors":"Viktor Branovytskiy","doi":"10.17721/2227-796x.2020.3.05","DOIUrl":"https://doi.org/10.17721/2227-796x.2020.3.05","url":null,"abstract":"Purpose. The purpose of the article is to substantiate the author’s approach to solving the problemof coexistence of people’s, state, municipal and private property and to formulate propositions forimproving normative and legal regulation of ownership on natural objects.Methods. The research methodology consists of such methods of scientific cognition as systemand structural, comparative and legal, formal and legal, interpretation, deduction, induction,analysis, synthesis, etc.Results. The author has combined in the first part of the article the existing scientific approacheson understanding the rights of ownership of the people of Ukraine into two concepts and has calledthem the denial concept of people’s property and the recognition concept of people’s property. Theauthor has distinguished two main areas within each of them, where certain variations of themain idea of the concept correspond each of them. The author has placed a special attention onsubstantiating the non-viability of the denial concept of people’s property, since it contradictsthe current legislation and the theory of law. The author has argued that, contrary to the denialconcept of people’s property, the people of Ukraine are a legal category, a subject of law anda subject of the right of ownership; representative democracy does not deprive the people ofUkraine of the status of the holder of rights, assumptions about the inexpediency of the existenceof people’s property is questionable, and arbitrary interpretation of the Constitution of Ukraineand its figural understanding is inadmissible. The author believes that the existence of the denialconcept is due to both the problems of normative legal regulation and insufficiently seriousattitude and perception by the people as a source of power and a subject of law.The author has studied specific features and shortcomings of legal regulation of the right ofpeople’s ownership on natural objects and has formulated propositions for its improvement in thesecond part of the article. The author has substantiated the way to solve the problem of coexistenceof the people’s ownership on natural objects with other forms of ownership.Conclusions. The author has concluded that the objects of the right of ownership of the people arecertain categories of lands (including lands of nature reserve fund) and forests of the highest value,subsoil, waters, open air, are defined in the law as fauna and plants (growing on lands of people’sownership). They are set aside from the objects that may be owned by other entities, according to the criterion of value, significance and category of natural objects. However, their normativeand legal regulation needs to be improved, namely the conflicts, gaps and non-compliance withthe Constitution of Ukraine admitted in regulatory legal acts must be corrected. The provisions ofthe Articles 13–14 of the Constitution of Ukraine should be also brought into accord, since theirambiguity, possibility of double interpretation","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89608585","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}

{"title":"THE ROLE OF JUDICIAL PRACTICE IN THE FORMATION OF THE CONCEPT ADMINISTRATIVE PROCEDURE","authors":"I. Boiko","doi":"10.17721/2227-796x.2020.3.03","DOIUrl":"https://doi.org/10.17721/2227-796x.2020.3.03","url":null,"abstract":"The article emphasizes the need to adopt a legislative act on administrative procedure in Ukraine,which is conditioned by the European integration aspirations of the state, human-centeredorientation of public administration. In the absence of a single law that would contain therules of administrative procedure, fragmentary legal regulation of the procedure for adoptingadministrative acts, case law plays a significant role in shaping the concept of administrativeprocedure. The purpose of the article is to study the case law in order to outline the positions formulated by the court to understand the content of the administrative procedure, the rulesthat make it up. The study used the following scientific methods: empirical, which was able totrack among a large number of court decisions, which formed positions that embody the basicprinciples and principles of the concept of administrative procedure, and theoretical, includinganalysis and generalization, which allowed to draw conclusions about the role of judicial practicein developing the basic foundations of administrative procedure. Legal procedure, interpreted bythe court as part of the rule of law and the rule of law, is an important guarantee against abuse bypublic authorities in decision-making and actions that must ensure fair treatment of the individual.As a result of the research it was found out that the courts have developed and outlined in theirdecisions a number of positions on understanding certain aspects of administrative procedure: theessence of legal procedure, its significance in administrative and legal regulation; the essence ofthe principle of legitimate expectations; regarding the assessment of the ratio of the violation ofthe administrative procedure with the legality of the adopted act; understanding of a person’s rightto be heard (or the right to participate in administrative proceedings); ensuring the legitimateinterest (trust) of the person in maintaining the administrative act; on the admissibility of evidencein administrative proceedings; impossibility of termination (cancellation) of an administrative act,the effect of which is exhausted by execution, as well as regarding the principles of implementationof discretion by the public administration. The article concludes that the case law forms the basicideas and conclusions that can be embedded in the doctrine of administrative procedure. Thus, infact, the courts fill the gaps in the legal regulation of the procedure for adopting administrative acts.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89789752","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}

{"title":"PREVENTION OF OFFENCES IN THE SPHERE OF VALUE ADDED TAX ADMINISTRATION","authors":"A. Lohvyn","doi":"10.17721/2227-796x.2020.3.06","DOIUrl":"https://doi.org/10.17721/2227-796x.2020.3.06","url":null,"abstract":"In the article the author explored the legal regulation of counteraction to VAT evasion (avoidance by taxpayers of their tax liability by minimizing tax liabilities), which is a specific type of activity of tax authorities. The continuous development of public relations in the field of taxation in Ukraine requires effective application of administrative prevention (counteraction) measures in this area and, of course, the qualitative state of legal regulation of these measures. In the legal literature, administrative prevention measures were mainly studied in terms of conceptual and categorical apparatus and their classification. To date, considering the introduction of electronic administration of value added tax, studies on the use of administrative prevention measures by public authorities in the scientific field have not been analyzed. Taking into account international experience and based on a systematic analysis of the current legislation, the author deals with the legal mechanism for counteracting evasion from paying value added tax by means of introducing electronic administration of value added tax. The author notes that with the introduction of automated monitoring of risk assessment (taking into consideration the criterion of the amount of paid value added tax) (the so-called “tax burden” and/or “tax return”), the state is trying to increase budget revenues. The author concludes that administrative prevention (counteraction) measures used by regulatory authorities, in a sense, are the tools by which it is possible to achieve timely response to the activities of taxpayers aimed at tax evasion. It was substantiated that automated monitoring of compliance of tax invoices with the risk assessment criteria can be considered as a preventive measure, according to which taxpayers’ transactions aimed at forming an illegal tax credit are detected by regulatory authorities. In turn, making decisions if a payer of value added tax meets the Criteria of being a risky payer, and accordingly, further suspension (blocking) of registration of tax invoices of the specified payer, is a measure to counteract evasion from paying value added tax. It was proved that from the legal point of view, the legal mechanism of administrative prevention (counteraction) measures, in particular, those regarding the implementation (conducting) of automated monitoring, should contribute to the avoidance of legal collisions and contradictions that arise between regulatory authorities and taxpayers.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85060029","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}

{"title":"DEVELOPMENT OF THE ADMINISTRATIVE LAW IN THE KYRGYZ REPUBLIC","authors":"R. Madaliev","doi":"10.17721/2227-796x.2020.1.07","DOIUrl":"https://doi.org/10.17721/2227-796x.2020.1.07","url":null,"abstract":"The article provides an overview and stages of the development of law and legislation on administrative procedures and administrative justice in the Kyrgyz Republic. The article discusses the adoption, implementation, content and the application of the new Law on Administrative Procedure and the Administrative Procedure Code of the Kyrgyz Republic. At the beginning, the socio-political background and the rationale for the ongoing judicial reforms and the efforts of the state to strengthen the rule of law in the Kyrgyz Republic are described. A significant part of article considers steps for developing a law on administrative procedures of the Kyrgyz Republic and the problems associated with its development. Then, the content and issues of implementation and the problems of the practical application of the new law on administrative procedures of the Kyrgyz Republic are disclosed. A separate part is devoted to the development, content, implementation and practice of the application of the new Administrative Procedure Code of the Kyrgyz Republic. The article also outlines the problems and shortcomings in the practice of applying legal norms on administrative procedures and administrative justice in the Kyrgyz Republic. In general, the article summarizes that a new system of administrative law has been formed in Kyrgyzstan to replace “Soviet” administrative law, but there are still problems in understanding and applying the new administrative legislation: not all the regulatory framework and practice of administrative agencies are brought into line with the new legislation; there are facts of not understanding, ignoring and not applying the new legislation by public authorities; not all curricula of higher legal education are brought in line with a new understanding of administrative law. It is necessary to continue the implementation measures to put into practice the new administrative legislation through organizational measures to educate and train law applicators, as well as the development of judicial practice in administrative cases.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"73 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85060114","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}