婚姻法律下行政法院运作的管理框架

A. Paskar
{"title":"婚姻法律下行政法院运作的管理框架","authors":"A. Paskar","doi":"10.17721/2227-796x.2023.1.04","DOIUrl":null,"url":null,"abstract":"Purpose. The scientific article is dedicated to the analysis of the peculiarities of the legislative regulation of the activity of administrative courts under martial law. The main goal of the research is to identify legislative changes introduced during the legal regime of martial law in Ukraine in the sphere of functioning of the judiciary and to analyze the content of the relevant regulatory framework to outline the specifics of the legislative regulation of the activity of administrative jurisdiction courts at this time. Accordingly, the article examines the features of legal regulation, analyzes the identified problems and shortcomings, and proposes prospective directions for the development of administrative procedural legislation to ensure the effective protection of the rights, freedoms, and interests of individuals. Methods. The conducted study of the peculiarities of legal regulation of the activity of administrative courts under martial law includes the following logical stages: formulation of the problem and the purpose of the study; literature search and analysis; selection of methods and research approaches; conducting scientific research; formulation of conclusions and recommendations. The chosen research methodology is determined by the purpose and tasks of the scientific article and includes the following methods and research approaches: the dogmatic method, which helped to analyze and systematize legal concepts, terms and principles; the method of system analysis, used to study the content of new legislative provisions, their interrelation and interaction; the analysis of judicial practice facilitated the examination of court practices on this issue and determination of the peculiarities of the court activities in emergencies, etc. The abovementioned, as well as other research methods and scientific approaches, were used separately or in combination, which contributed to obtaining answers to the research problem and achieving the research objective. Results and conclusions. The author concluded that under martial law the procedure of administrative justice is regulated by the current administrative procedural legislation, the updated norms of the Law of Ukraine «On the Judiciary and the Status of Judges», recommendations and explanations of the Supreme Court, the Council of Judges of Ukraine and the State Judicial Administration. Considering the specifics of the situation in a particular region, the courts determine their mode of operation taking into account the need to ensure access to justice and the safety of judges and other participants in the process. The results of the analysis of the peculiarities of the legislative regulation of the activity of courts under martial law, as reflected in the outlined prospective directions of its development, can be used as a basis for further scientific research and in developing specific recommendations for the reform of procedural legislation in general, and administrative procedural legislation in particular.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"155 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"REGULATORY FRAMEWORK FOR THE FUNCTIONING OF ADMINISTRATIVE COURTS UNDER MARITAL LAW\",\"authors\":\"A. Paskar\",\"doi\":\"10.17721/2227-796x.2023.1.04\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Purpose. The scientific article is dedicated to the analysis of the peculiarities of the legislative regulation of the activity of administrative courts under martial law. The main goal of the research is to identify legislative changes introduced during the legal regime of martial law in Ukraine in the sphere of functioning of the judiciary and to analyze the content of the relevant regulatory framework to outline the specifics of the legislative regulation of the activity of administrative jurisdiction courts at this time. Accordingly, the article examines the features of legal regulation, analyzes the identified problems and shortcomings, and proposes prospective directions for the development of administrative procedural legislation to ensure the effective protection of the rights, freedoms, and interests of individuals. Methods. The conducted study of the peculiarities of legal regulation of the activity of administrative courts under martial law includes the following logical stages: formulation of the problem and the purpose of the study; literature search and analysis; selection of methods and research approaches; conducting scientific research; formulation of conclusions and recommendations. The chosen research methodology is determined by the purpose and tasks of the scientific article and includes the following methods and research approaches: the dogmatic method, which helped to analyze and systematize legal concepts, terms and principles; the method of system analysis, used to study the content of new legislative provisions, their interrelation and interaction; the analysis of judicial practice facilitated the examination of court practices on this issue and determination of the peculiarities of the court activities in emergencies, etc. The abovementioned, as well as other research methods and scientific approaches, were used separately or in combination, which contributed to obtaining answers to the research problem and achieving the research objective. Results and conclusions. The author concluded that under martial law the procedure of administrative justice is regulated by the current administrative procedural legislation, the updated norms of the Law of Ukraine «On the Judiciary and the Status of Judges», recommendations and explanations of the Supreme Court, the Council of Judges of Ukraine and the State Judicial Administration. Considering the specifics of the situation in a particular region, the courts determine their mode of operation taking into account the need to ensure access to justice and the safety of judges and other participants in the process. The results of the analysis of the peculiarities of the legislative regulation of the activity of courts under martial law, as reflected in the outlined prospective directions of its development, can be used as a basis for further scientific research and in developing specific recommendations for the reform of procedural legislation in general, and administrative procedural legislation in particular.\",\"PeriodicalId\":7222,\"journal\":{\"name\":\"Administrative law and process\",\"volume\":\"155 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Administrative law and process\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17721/2227-796x.2023.1.04\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Administrative law and process","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17721/2227-796x.2023.1.04","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

目的。这篇科学文章致力于分析戒严下行政法院活动立法规制的特殊性。本研究的主要目标是确定乌克兰戒严法法律制度期间在司法机构运作领域引入的立法变化,并分析相关监管框架的内容,以概述目前行政管辖法院活动的立法监管细节。据此,本文考察了行政诉讼法律规制的特点,分析了行政诉讼法律规制中存在的问题和不足,并提出了行政诉讼立法的发展方向,以确保个人的权利、自由和利益得到有效保护。方法。对戒严下行政法院活动法律规制特殊性的研究包括以下几个逻辑阶段:问题的提出和研究目的;文献检索与分析;方法和研究途径的选择;进行科学研究;提出结论和建议。所选择的研究方法是由科学文章的目的和任务决定的,包括以下方法和研究方法:教条式方法,有助于分析和系统化法律概念、术语和原则;采用系统分析的方法,研究新立法规定的内容、相互关系和相互作用;对司法实践的分析有助于审查法院在这一问题上的做法,并确定法院在紧急情况下活动的特点等。以上这些以及其他的研究方法和科学方法,无论是单独使用还是结合使用,都有助于得到研究问题的答案,达到研究目的。结果和结论。作者的结论是,在戒严令下,行政司法程序受到现行行政程序法、乌克兰《司法机构与法官地位》最新规范、最高法院、乌克兰法官委员会和国家司法管理局的建议和解释的规范。法院考虑到某一特定区域的具体情况,决定其运作方式,同时考虑到需要确保诉诸司法以及法官和其他进程参与者的安全。对戒严法下法院活动的立法管制的特点所作的分析的结果,反映在概述戒严法发展的未来方向上,可以作为进一步科学研究的基础,并为改革一般的程序立法,特别是行政程序立法提出具体建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
查看原文
分享 分享
微信好友 朋友圈 QQ好友 复制链接
本刊更多论文
REGULATORY FRAMEWORK FOR THE FUNCTIONING OF ADMINISTRATIVE COURTS UNDER MARITAL LAW
Purpose. The scientific article is dedicated to the analysis of the peculiarities of the legislative regulation of the activity of administrative courts under martial law. The main goal of the research is to identify legislative changes introduced during the legal regime of martial law in Ukraine in the sphere of functioning of the judiciary and to analyze the content of the relevant regulatory framework to outline the specifics of the legislative regulation of the activity of administrative jurisdiction courts at this time. Accordingly, the article examines the features of legal regulation, analyzes the identified problems and shortcomings, and proposes prospective directions for the development of administrative procedural legislation to ensure the effective protection of the rights, freedoms, and interests of individuals. Methods. The conducted study of the peculiarities of legal regulation of the activity of administrative courts under martial law includes the following logical stages: formulation of the problem and the purpose of the study; literature search and analysis; selection of methods and research approaches; conducting scientific research; formulation of conclusions and recommendations. The chosen research methodology is determined by the purpose and tasks of the scientific article and includes the following methods and research approaches: the dogmatic method, which helped to analyze and systematize legal concepts, terms and principles; the method of system analysis, used to study the content of new legislative provisions, their interrelation and interaction; the analysis of judicial practice facilitated the examination of court practices on this issue and determination of the peculiarities of the court activities in emergencies, etc. The abovementioned, as well as other research methods and scientific approaches, were used separately or in combination, which contributed to obtaining answers to the research problem and achieving the research objective. Results and conclusions. The author concluded that under martial law the procedure of administrative justice is regulated by the current administrative procedural legislation, the updated norms of the Law of Ukraine «On the Judiciary and the Status of Judges», recommendations and explanations of the Supreme Court, the Council of Judges of Ukraine and the State Judicial Administration. Considering the specifics of the situation in a particular region, the courts determine their mode of operation taking into account the need to ensure access to justice and the safety of judges and other participants in the process. The results of the analysis of the peculiarities of the legislative regulation of the activity of courts under martial law, as reflected in the outlined prospective directions of its development, can be used as a basis for further scientific research and in developing specific recommendations for the reform of procedural legislation in general, and administrative procedural legislation in particular.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
期刊最新文献
SOME ISSUES OF INSTANCE JURISDICTION OF ADMINISTRATIVE COURTS REGULATORY FRAMEWORK FOR THE FUNCTIONING OF ADMINISTRATIVE COURTS UNDER MARITAL LAW THE LEGAL ESSENCE OF THE ELECTRONIC EVIDENCE IN THE ADMINISTRATIVE PROCEDURE: A BRIEF COMPARATIVE HISTORICAL AND LEGAL ANALYSIS PECULIARITIES OF DETERMINING THE LEGAL STATUS OF THE NATIONAL SECURITY AND DEFENSE COUNCIL OF UKRAINE AS A SUBJECT OF PUBLIC ADMINISTRATION THE LAW ON FOOD SECURITY OF UKRAINE AS A LEGAL BASIS OF PUBLIC ADMINISTRATION IN THE FIELD OF ENSURING FOOD SECURITY
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
已复制链接
已复制链接
快去分享给好友吧!
我知道了
×
扫码分享
扫码分享
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1