The article analyses macro-occurrences of the administrative law. Implementation of macro-normative legal regulation is based on systematic evaluation of the phenomena in macro-environment and using of possibilities presented by this evaluation in legislation. Macro-norms are created by the Parliament of the Republic of Lithuania, on the basis of legislative powers that are legitimate to this subject of the law. It is considered that the Lithuanian Parliament takes use of the social legal technologies insufficiently. Voluntarism is practiced in parliamentary legislative process; marginal provisions of drafting legislation and a ruling behavioural nihilism prevents the legislators from applying the scientific legal doctrines. It is underlined in the article that macro-administrative law devotes its main attention to defining the legal models of social behaviour and social position of the people belonging to certain social classes and structures, large social groups, and state institutions. The author of this article claims that it is necessary to use the macro-administrative law as a tool for construction of social structures. If this is not being considered, disabled law is being created, which can destroy the modern economic and social life system. In this regard, it is necessary to apply the provisions on micro-administrative legal procedures.
The article analyses macro-occurrences of the administrative law. Implementation of macro-normative legal regulation is based on systematic evaluation of the phenomena in macro-environment and using of possibilities presented by this evaluation in legislation. Macro-norms are created by the Parliament of the Republic of Lithuania, on the basis of legislative powers that are legitimate to this subject of the law. It is considered that the Lithuanian Parliament takes use of the social legal technologies insufficiently. Voluntarism is practiced in parliamentary legislative process; marginal provisions of drafting legislation and a ruling behavioural nihilism prevents the legislators from applying the scientific legal doctrines. It is underlined in the article that macro-administrative law devotes its main attention to defining the legal models of social behaviour and social position of the people belonging to certain social classes and structures, large social groups, and state institutions. The author of this article claims that it is necessary to use the macro-administrative law as a tool for construction of social structures. If this is not being considered, disabled law is being created, which can destroy the modern economic and social life system. In this regard, it is necessary to apply the provisions on micro-administrative legal procedures.
It means that the principle of coordination of private and public interests is not isolated (independent), in some cases it has to be based upon general principles of law. It is stated that the consolidation of the balance of interests in the laws may change with regard to peculiarities of economic development of the state.
It means that the principle of coordination of private and public interests is not isolated (independent), in some cases it has to be based upon general principles of law. It is stated that the consolidation of the balance of interests in the laws may change with regard to peculiarities of economic development of the state.
It means that the principle of coordination of private and public interests is not isolated (independent), in some cases it has to be based upon general principles of law. It is stated that the consolidation of the balance of interests in the laws may change with regard to peculiarities of economic development of the state.
It means that the principle of coordination of private and public interests is not isolated (independent), in some cases it has to be based upon general principles of law. It is stated that the consolidation of the balance of interests in the laws may change with regard to peculiarities of economic development of the state.
Ukraine and the whole Europe are truly proud of the document signed on 5 April 1710. The document is considered to be the prototype of a constitution of a modern democratic state. It is widely known as the Constitution of Pylyp Orlyk. Researchers consider this document as the first Ukrainian constitution and the first European constitution which is based on the democratic principles of the state structure. This publication provides the results of research on the provisions of the Constitution of Pylyp Orlyk from the perspective of the categories of modern Constitutional and Administrative Law. Based on the analysis of the document, as well as the schools of thought in its interpretation, it is concluded that this document was based on such modern principles of the Constitutional and Administrative Law as: the rule of law, the separation of powers, democracy, humanism, social justice, decentralization and subsidiarity. The document contains legal norms devoted to such institutes of contemporary Administrative Law as administrative justice, public service law, municipal law, public property, as well as to governmental regimes. Progressive ideas implemented in this document are of high topicality even today, and are interesting for both scholars and practitioners.
Ukraine and the whole Europe are truly proud of the document signed on 5 April 1710. The document is considered to be the prototype of a constitution of a modern democratic state. It is widely known as the Constitution of Pylyp Orlyk. Researchers consider this document as the first Ukrainian constitution and the first European constitution which is based on the democratic principles of the state structure. This publication provides the results of research on the provisions of the Constitution of Pylyp Orlyk from the perspective of the categories of modern Constitutional and Administrative Law. Based on the analysis of the document, as well as the schools of thought in its interpretation, it is concluded that this document was based on such modern principles of the Constitutional and Administrative Law as: the rule of law, the separation of powers, democracy, humanism, social justice, decentralization and subsidiarity. The document contains legal norms devoted to such institutes of contemporary Administrative Law as administrative justice, public service law, municipal law, public property, as well as to governmental regimes. Progressive ideas implemented in this document are of high topicality even today, and are interesting for both scholars and practitioners.
The main aim of this article is to present some of the articles of the European Union Charter of Fundamental Rights (the Charter), and observe the presumptive influence of these articles' The first part of this paper observes the principles of good administration, which are declared in the 41 article of the Charter. The author presents the implementation of these principles in provisions of the Lithuanian Law on Public Administration. The part two observes the rights of the elderly protected by the Article 25 of the Charter provisions, and the situation of the elderly persons in Lithuania after the Lithuanian Constitutional Court decision. Part three observes the Law amending the Law of the Republic of Lithuania on Defence of Consumer Rights and this amendment positive aspect. This part of the article is related to the Article 38 of the Charter, which guarantees the high level of consumer protection.
The main aim of this article is to present some of the articles of the European Union Charter of Fundamental Rights (the Charter), and observe the presumptive influence of these articles' The first part of this paper observes the principles of good administration, which are declared in the 41 article of the Charter. The author presents the implementation of these principles in provisions of the Lithuanian Law on Public Administration. The part two observes the rights of the elderly protected by the Article 25 of the Charter provisions, and the situation of the elderly persons in Lithuania after the Lithuanian Constitutional Court decision. Part three observes the Law amending the Law of the Republic of Lithuania on Defence of Consumer Rights and this amendment positive aspect. This part of the article is related to the Article 38 of the Charter, which guarantees the high level of consumer protection.
Administrative legal regulation of public management (administration) is provided in abundant legal norms of laws and bylaws. However, the number of the norms of administrative law may differ in various legal acts: a legal act may consist of the norms of administrative law only or a part of the provisions of a legal act (belonging to another branch of law) may be bound up with a group of such norms. On the basis of the abovementioned criterion, the following sources of administrative law can be singled out: the Constitution; international and some other (such as intergovernmental) treaties that include the norms of administrative law; legal norms of the European Union; decrees of the President of the Republic; decisions of the Seimas and the Government; normative acts of administrative law adopted by other subjects of central public management (administration) (such as ministries, governmental institutions, institutions under ministries, etc.) and local self-governing institutions; judgments of courts, including the national (administrative courts and the Constitutional Court) and the European ones; legal norms and administrative agreements adopted by the decisions of the heads or collegial structures of other subjects of public management (administration) (such as state-owned and municipal enterprises and public institutions or non-governmental organizations).
Administrative legal regulation of public management (administration) is provided in abundant legal norms of laws and bylaws. However, the number of the norms of administrative law may differ in various legal acts: a legal act may consist of the norms of administrative law only or a part of the provisions of a legal act (belonging to another branch of law) may be bound up with a group of such norms. On the basis of the abovementioned criterion, the following sources of administrative law can be singled out: the Constitution; international and some other (such as intergovernmental) treaties that include the norms of administrative law; legal norms of the European Union; decrees of the President of the Republic; decisions of the Seimas and the Government; normative acts of administrative law adopted by other subjects of central public management (administration) (such as ministries, governmental institutions, institutions under ministries, etc.) and local self-governing institutions; judgments of courts, including the national (administrative courts and the Constitutional Court) and the European ones; legal norms and administrative agreements adopted by the decisions of the heads or collegial structures of other subjects of public management (administration) (such as state-owned and municipal enterprises and public institutions or non-governmental organizations).
In numerous sources of administrative law of interwar Lithuania the major role was given to a monetary fine. Furthermore, legislative acts also provided for administrative sanctions that restricted special rights (e.g. rights allowing engaging in certain activities etc.). The right of administrative punishment was provided for different authorities, from ministers to ordinary policemen; however, the biggest jurisdictional powers were vested in the county governor. We may claim that the growth of jurisdictional powers of administrative authorities in interwar Lithuania was based exceptionally on feasibility arguments. While solving the problems of criminal justice resulting from work overload of courts and aiming to ensure public order in the state and lawfulness in general, administrative sanctions were regarded to be efficient and appropriate measures to achieve these aims. Administrative punishment compensated for the things that were impossible to implement by jurisdictional activities of courts.
In numerous sources of administrative law of interwar Lithuania the major role was given to a monetary fine. Furthermore, legislative acts also provided for administrative sanctions that restricted special rights (e.g. rights allowing engaging in certain activities etc.). The right of administrative punishment was provided for different authorities, from ministers to ordinary policemen; however, the biggest jurisdictional powers were vested in the county governor. We may claim that the growth of jurisdictional powers of administrative authorities in interwar Lithuania was based exceptionally on feasibility arguments. While solving the problems of criminal justice resulting from work overload of courts and aiming to ensure public order in the state and lawfulness in general, administrative sanctions were regarded to be efficient and appropriate measures to achieve these aims. Administrative punishment compensated for the things that were impossible to implement by jurisdictional activities of courts.
One of the most effective ways to ensure order in society is to apply legal liability measures to law violations. Administrative responsibility is one of the legal administration types implemented through suitable measures – administrative sanctions. Administrative sanctions are designated to punish and educate the person who made administrative violations so that he could respect the rules of collective living. Also, it is desirable that both the violator and other individuals do not make new violations, which means that administrative sanction is a very important measure to ensure legal order. Because of the large amount of administrative violations and the aspiration to prevent them as well as to prevent legal offence, the need of a more effective and faster reaction (by employing administrative sanctions) to administrative violations arose. This resulted in the alterations of the Code of Administrative Violations that came into force in January 1, 2011, on which the institute of administrative order was established. With the establishment of this institute the problem of the extremely large workload of courts was to be solved, the fund of designated administrative sanctions was to be raised into the budget more operatively, and most importantly –the process of the least dangerous administrative violation cases' solutions was to be quickened and simplified. The essence of an administrative order is that it is submitted to the violator within ten working days, starting from the date the protocol of administrative violation is presented (or sent), and the fine, equal to half of the minimum fine indicated in the article of the Code (wherein the liability for administrative violations is foreseen), has to be paid on voluntary basis. An administrative order cannot be designated if in a sanction of the Code of Administrative Violations' article, wherein the liability for administrative violations is foreseen, a larger than eight hundred sixty eight euro maximum fine is provided, or a different kind of administrative sanction, not a monetary one, is foreseen as the main or additional fine (except a warning). Moreover, it cannot be designated if the person has repeatedly committed an administrative violation within a year, (foreseen in the respective article), or the violation is made with property damages which are fully compensated. Although it might seem that the institute of administrative order is quite clearly regulated, problems arise now and then while applying it in practice. While examining the problems of application and interpretation of the institute of administrative order, the biggest difficulty appears to be valuing what effect does the factor that in his case the administrative order was already applied have on the violator. Dealing with the question of legal causes of the administrative order fulfilment in court practice, it may be noted that court valuing is different than conceived by the legislator. Analyzing the explanatory note of laws on which the institute of administrative order was established, it may be observed that with this institute administrative sanction aims were sought to be achieved in the fastest and thriftiest way. These aims are to punish the guilty one, to correct and educate the violator as well as to warn other people, so that they would not make violations. This means that in its own nature the institute of administrative law is a tool used to apply the states' constraint (in this case – sanction) for the people, who made an administrative violation. However, the Supreme Administrative Court of Lithuania shares a different view. While examining administrative order application's legal consequences question, the court formed a practice that is carried out in this manner: after the administrative order is voluntarily fulfilled, the person is not considered guilty by administrative procedure, which means that an administrative order is not considered as an administrative sanction. It is important to mark that this practice is applied by almost every court which deals with administrative violation cases. While analyzing this situation, the question of how to value the institute of administrative order arises. In order to answer this question, the attention was focused on both the theoretical and practical side of the problem. Through legal doctrine and courts jurisprudence this paper seeks to determine if applying the institute of administrative order in practice helps implement the aims conceived by the legislator, and also if subjects applying the institute of administrative order interpret it rightly. First of all, the theoretical foundation of administrative liability, the concept and its conditions of appearance are being issued. In another chapter, the institute of administrative sanction is being investigated – the traits that identify administrative sanctions, their matters, kinds and caused consequences. In the third chapter of this paper, the institute of administrative order is analysed – the aims of the legislator, the institute's explanatory problems which arise in practice, and, of course, the consequences caused by the administrative order fulfilment. At the end of this work the conclusions and suggestions on how to solve the problem issued in this paper are presented. Legal doctrines, courts' jurisprudence, and the analysis of national as well as international documents showed that administrative order both in its nature and content is a tool for applying administrative sanctions to the people who have made administrative violations. This means that an administrative order is considered to be an administrative sanction.
