Suchergebnisse

The Constitution and the laws of the Republic of Lithuania establishe the power and stability of a final and binding decision of a court. This is to ensure human rights and stability of the relations whith arise on the grounds of such a decision. However, in case of certain circumstances, the legal effect of the decision can be dissolved, it may lose the characteristics of stability and immutability. This possibility is given by the Law on administrative proceedings, Chapter IV, which establishes the institute of the reopening of administrative proceedings. The institute is applied when an interested party has no legal means to protect its violated rights and legal interests. The thesis by the help of empiric and theoretic methods, discloses the conception of the institute of the reopening of administrative proceedings, emphasizes its peculiarities, examines existing theoretical and practical legal defects, as well as posible ways to eliminate them. The comprehensive and accurate analysis of the grounds for reopening the proceedings and case study of the application of these grounds is presented. Master's thesis consists of an introduction, three – enacting parts, conclusions and recommendations. The first part is to define the importance of the reopening of proceedings and its position in the administrative process, determine existing regulation and legal defects. The second part is to examine the legal regulations of the reopening of administrative proceedings that determine the procedure of the application, analyse its characteristics and defects. The third part is to examine the grounds for the reopening of proceedings, trying to find out which grounds are the most common and which ones are of little relevance in today's life. The conclusions are submitted according to the case study and some examples of judicial practice are presented. The study of jurisprudence leads to a conclusion that administrative proceedings can be reopened in very limited cases, only if obvious grounds established by the Law on administrative proceedings, Article N. 153, Paragraph 2, exist; otherwise, most requests are denied. The paper sets out suggestions for the legislator of the Republic of Lithuania in relation to improvements and amendments of the Law on admistrative proceedings.

The Constitution and the laws of the Republic of Lithuania establishe the power and stability of a final and binding decision of a court. This is to ensure human rights and stability of the relations whith arise on the grounds of such a decision. However, in case of certain circumstances, the legal effect of the decision can be dissolved, it may lose the characteristics of stability and immutability. This possibility is given by the Law on administrative proceedings, Chapter IV, which establishes the institute of the reopening of administrative proceedings. The institute is applied when an interested party has no legal means to protect its violated rights and legal interests. The thesis by the help of empiric and theoretic methods, discloses the conception of the institute of the reopening of administrative proceedings, emphasizes its peculiarities, examines existing theoretical and practical legal defects, as well as posible ways to eliminate them. The comprehensive and accurate analysis of the grounds for reopening the proceedings and case study of the application of these grounds is presented. Master's thesis consists of an introduction, three – enacting parts, conclusions and recommendations. The first part is to define the importance of the reopening of proceedings and its position in the administrative process, determine existing regulation and legal defects. The second part is to examine the legal regulations of the reopening of administrative proceedings that determine the procedure of the application, analyse its characteristics and defects. The third part is to examine the grounds for the reopening of proceedings, trying to find out which grounds are the most common and which ones are of little relevance in today's life. The conclusions are submitted according to the case study and some examples of judicial practice are presented. The study of jurisprudence leads to a conclusion that administrative proceedings can be reopened in very limited cases, only if obvious grounds established by the Law on administrative proceedings, Article N. 153, Paragraph 2, exist; otherwise, most requests are denied. The paper sets out suggestions for the legislator of the Republic of Lithuania in relation to improvements and amendments of the Law on admistrative proceedings.

The objective of the research was to consider the forms of protection of the rights of individuals in administrative proceedings. The methodological basis used is presented as: comparative-legal and systematic analysis, formal-legal method, hermeneutic method, as well as methods of analysis and synthesis. Everything allows to conclude that, in order to clarify the issue of compliance of methods for judicial protection of the rights of individuals, provided by the Code of Administrative Procedure of Ukraine, with the criteria of a rule of law and the needs of establishing at each moment the rule of law in concrete reality, the assessment of provisions of the legislation on administrative procedures of: Azerbaijan, Georgia, Estonia, Latvia, Poland, France and the Federal Republic of Germany. Finally, it has been established that administrative courts in Ukraine have significant human rights powers to make decisions on recovery of funds from an authority to compensate for the damage caused by its unlawful administrative act, if such a claim is filed simultaneously with the application for recognition of such act as unlawful.

The article presents mediation as the basic method of alternative dispute resolution (the so-called ADR), used to resolve conflicts in administrative and judicial-administrative proceedings, and analyses legal regulations regarding mediation in administrative and court-administrative cases. The summary draws attention to the similarities and differences between administrative mediation and court-administrative mediation. ; The article presents mediation as the basic method of alternative dispute resolution (the so-called ADR), used to resolve conflicts in administrative and judicial-administrative proceedings, and analyses legal regulations regarding mediation in administrative and court-administrative cases. The summary draws attention to the similarities and differences between administrative mediation and court-administrative mediation.

In modern realities the study of the processual form of administrative proceedings under quarantine caused by COVID-19 is important due to the increased need to protect the rights, freedoms and legitimate interests of individuals. The purpose of the study is to analyze the modern processual form of administrative proceedings and the compliance of law modifications with the quarantine conditions caused by COVID-19. The methodological basis of the study represents a set of updated methods of scientific research. The use of formal-logical and structural-functional methods allowed to highlight the elements of the processual form of administrative proceedings and to characterize the main aspects of their transformation, including processing in the quarantine period and restrictions caused by COVID-19. It is of interest to analyze the introduction of an electronic court, electronic exchange of processual documents, as well as participation in court sessions in the mode of the videoconference. With the help of the modeling method the disadvantages and risks of taking part in court sessions in the mode of the videoconference are highlighted. System analysis contributed to the consideration of the processual form as the most distinctive feature of administrative proceedings. The study revealed that the processual form of administrative proceedings had undergone particular fragmentary changes due to the test launch of individual subsystems of the Unified Judicial Information and Telecommunication System (UJITS) (as example: "E-Court") and the introduction of taking part in court sessions in the mode of the videoconference. It has been found that in the present realities, the processual form of administrative court proceedings needs further modifications aimed at ensuring the flexibility and a high degree of adaptability of legislative assistance to new conditions of implementation, allowing to guarantee the observance and protection of the rights, freedoms and interests of citizens whenever previously used methods and ...

The article states that the building of a democratic society requires a citizen to fulfill his duties before the state, and from the state - to ensure the legal rights and freedoms of the individual. Solving the problems of ensuring law and order in the country largely depends on a clear, coordinated, progressively organized work of all state and social institutions.Among the various problems in modern law enforcement activities are offenses against public order. The main legal document in the field of public order is the Code of Ukraine on Administrative Offenses. In the process of building and reforming Ukrainian society in the conditions of independence of the state, the administrative-legal reform, which is vital in the result of changes in the economic, social and political life of the country, takes on an important place. In addition to reform processes, the emergence of new management entities, the political situation in Ukrainian society, the conduct of anti-terrorist operations, etc., is relevant.Updating the view of the place of administrative proceedings in cases of administrative offenses in violation of public order is a prerequisite for its effective reform in accordance with the requirements of the present. Also, the foregoing provides the basis for further study of the internal structure of this proceeding.The conceptual approaches of administrative proceedings are investigated, basic scientific investi- gations in the investigated sphere are analyzed, modern conceptual approaches and features of manifestation in the current legislation of Ukraine are revealed. ; У статті досліджено концептуальні підходи адміністративного провадження, проаналізовано основні наукові розвідки у досліджуваній сфері, розкрито сучасні концептуальні підходи та особливості застосування в чинному законодавстві України норм щодо проступків проти публічного порядку, піднято ряд проблемних питань розвитку доктрини адміністративного права та процесу.

A number of federal agencies have recently relied upon implied power to reimburse expenses incurred by public participants in administrative proceedings. When the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) attempted to exercise this authority, their efforts were challenged by parties who, relying on a purportedly controlling decision of the Second Circuit, contended that participant funding was an impermissible exercise of administrative power. The USDA initiative was upheld in district court, but the FDA program was invalidated by a divided Fourth Circuit panel. The dispute over agency reimbursement has not been confined to the courts. Explicit and strong differences of opinion over citizen compensation have also arisen in the legislative and executive branches of government. Because the question of whether agencies have implied power to fund remains a compelling and unresolved issue, it is an appropriate time to analyze this complex problem. The first section of this Article is an historical survey of the developments that have led to the extant disagreement in the judiciary, Congress, and the agencies. In the next section, the cases treating participant reimbursement are assessed, and thereafter a comprehensive analysis of the legal principles raised by the exercise of implied compensation authority is presented. The Article concludes with an evaluation of the performance of the funding programs to date and the implications of this experience for implied reimbursement power.

The police process huge amounts of personal data without which they would not be able to carry out their basic tasks. The data processed by the police have a very different nature and scope. Data processing in such large quantities and in such a wide range is associated with great responsibility for its safety. Maintaining a high level of security becomes a challenge when, at the same time, it is necessary to take care of the rights of data subjects. The article contains an overview of administrative decisions issued by the Inspector General for Personal Data Protection (currently: the President of the Personal Data Protection Offi ce) relating to police activities. The issues of the implementation of the rights of data subjects are discussed in three areas, i.e.: sharing information from police resources, deleting data from the National Police Information System, and verifi cation of identity documents.

In order to explain in a better way the scope of Due Process in Administrative Law as a legal norm whose respect is essential to all government agencies, three points of view (formal, structural and material) are proposed. Those items seem useful to understand "Administrative Due Process" in all its dimensions: as a constitutional norm developed by the enactment of laws and decrees; as a principle inspiring some conducts and new norms; and as an objective and subjective fundamental right. On the other hand, it is shown that Administrative Due Process is not an absolute rule because in some cases its full application is subject to normative relativism. Two opposite trends can be perceived at this point: in the first place, government agencies usually do not act the same way judges do, so Administrative Due Process should be distinguished from Judicial Due Process; therefore, it could actually have a more restricted scope. In the second place, some administrative authorities are nowadays playing a role more or less similar to what judges do. This means that new procedural guarantees will be claimed. In any case, admitting valid limitations to Administrative Due Process leads to the quest of the limits of these limitations. The application of the rule of Due Process cannot be totally suppressed; its scope cannot be completely reduced. This is the result of its fundamental nature as a legal norm that ensures justice and equity in all administrative procedures, and proscribes random decisions. ; Para explicar mejor el alcance del debido proceso administrativo como norma jurídica cuyo respeto es indispensable en todas las actuaciones de la Administración, se exponen de una parte tres puntos de vista (formal, estructural y material). Estos criterios permiten comprender el debido proceso administrativo en sus dimensiones de norma constitucional desarrollada legal y reglamentariamente, de principio del cual se desprenden conductas y normas, y de derecho fundamental objetivo y subjetivo. De otra parte, se reconoce que no se trata de una norma de alcance absoluto, puesto que en varias ocasiones puede relativizarse su plena aplicación. Dos fenómenos opuestos se aprecian en este punto: de un lado, el debido proceso administrativo tiende tradicionalmente a diferenciarse del debido proceso judicial, para justificar así un mayor número de limitaciones a su alcance. De otro lado, el papel de algunas autoridades administrativas tiende contemporáneamente a parecerse al de los jueces, surgiendo entonces el reclamo de nuevas garantías procesales. En todo caso, el reconocimiento de limitaciones constitucionalmente válidas al debido proceso conlleva a la pregunta sobre los límites de tales limitaciones. No se puede suprimir totalmente su aplicación; no se le puede restar todo el alcance. Ello obedece a su carácter fundamental como norma que garantiza justicia o equidad procesal y que proscribe la arbitrariedad.

The issue of administrative silence is a significant challenge not only for the countries undergoing structural legal reforms, but also in established democracies with stable rule of law systems. Administrative inaction or delayed activity pose serious problems for the citizens, impact their individual rights, but also questions the overall effectiveness of public administration. In general, two models of addressing this case of maladministration are adopted: the negative (where silence means tacit rejection) and positive (where silence means approval). However, in practice of many countries, the solutions are mixed and much more complex. The effective way of dealing with administrative silence seems to be a matter of practice of public administration bodies, good cooperation with administrative courts, and respectful approach to individual rights of the citizens. Ukraine is currently undergoing a major reform of administrative procedure. The newly adopted and currently implemented Law on Administrative Procedure (LAP) provides a comprehensive approach to regulation of administrative proceedings and addresses many challenges relating to the operation of public administration. It is important to test the new solutions and observe how they function in practice, as well as to identify potential weaknesses and possibilities for improvement. Administrative silence, as a substantial challenge to the proper functioning of public administration, needs to be effectively addressed by the legal norms and practice, possibly with the inspiration of the good practices from the other European countries.

The purpose of the article was to identify problem areas to ensure an independent court in administrative proceedings in the context of the implementation of the human right to a fair trial. The research was conducted using general scientific (induction, analysis, synthesis) and special legal (formal-logical, dogmatic, comparative-legal) methods. The authors have determined relevant areas of court staffing, such as: providing judicial power; providing administrative positions for the court and judicial staffing. It is stated that the improvement of legislation in the judicial sphere must be carried out from the inadmissibility of its exclusively positivist interpretation. It is concluded that, in order to guarantee the immunity of a judge in a broad context, it is important to prevent cases of unjustified disciplinary proceedings against judges. An important guarantee of the legality of the disciplinary liability of a judge is the observance by the subject of disciplinary liability of the due process established by law. It is emphasized that this is an assessment by the administrative court of the circumstances on which the plaintiff bases his claims in cases of appeal against these acts of the High Council of Justice.

The objective of the study is to analyze the rule of law in the context of the implementation of reforms of the judiciary, the judiciary, and related legal institutions as a direction to ensure the accessibility of administrative justice in Ukraine, revealing its relationship and interdependence. The study found that the availability of administrative procedures is provided by the requirements of all these generic subsystems of the principles that determine modern standards of activity in European countries. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material, as well as the formulation of relevant conclusions. During the research, scientific cognition methods were used: terminological, logical-semantic, functional, system-structural, logical-normative, comparative. They highlight in the conclusions that the study found that the amendments to the Constitution of Ukraine in the context of judicial reform made it possible to revise the classical principles of the judiciary, but there are still important unresolved aspects to ensure full compliance with the rule of law, its specification in the constitutional provisions and legislative acts of Ukraine of substantive and procedural content, among other aspects.