Suchergebnisse

The paper is an English translation of "Uwagi o doskonaleniu postępowania administracyjnego" by Zbigniew Janowicz published originally in Państwo i Prawo in 1978. The text is published as a part of a section of the Adam Mickiewicz University devoted to the achievements of the Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.

The study established the role of electronic evidence in the system of administrative procedures in Ukraine and in the member states of the Council of Europe. Direct observation, comparison and analysis of the content of the documents were used. The key results of the study were the peculiarities identified from the use of electronic evidence in administrative procedures among the 47 member states of the Council of Europe; established sources of creation, origin of electronic evidence to be used in administrative procedures; the resolute attitude of the European Court of Human Rights and the Committee of Ministers of the Council of Europe towards electronic evidence in administrative proceedings. Unlike paper documents, electronic documents require special attention to their review, search and involvement in the case. It is concluded that the study of electronic evidence should be approached from the point of view of the knowledge and skills of specialists, experts and interpreters who have the appropriate license and experience. The prospects for further investigations are establishing the importance of law enforcement agencies in the field of cybersecurity in ensuring the integrity of electronic evidence used in administrative proceedings.

The paper attempts a critical analysis of the new norms of the Law of Ukraine "On Administrative Procedure", dedicated to the types of participants in administrative proceedings. The relevance of the study is due to the provision of a deeper understanding by the authorized subjects of law enforcement, which will be presented for the first time in a numeral administrative proceeding. At the same time, the article is aimed not only at a deepening of the understanding of new legal categories that have were included to participants in administrative proceedings by national legislator. Also, the expediency of their inclusion to participants is analyzed as well as possible of options for future improvement of the relevant norms of the Law of Ukraine "On Administrative Procedure" are proposed. For this, the comparative legal method is widely used in the analysis, which allows to investigate the origins and prerequisites for the selection of certain types of participants based on European administrative standards and the achievements of foreign legal doctrine, enshrined in the relevant legislative administrative procedure acts. As a result of the conducted analysis, it is recommended to change the concepts applied in the Ukrainian Law in the part of the entities that participate in the general administrative procedure almost completely. At the same time, it is recommended to do this not hastily, but only after the future professional commitment and the initial experience of its enforcement gained in the first period after the entry into force of the Law of Ukraine "On Administrative Procedure".

The article is devoted to the study of evidence in administrative proceedings. The article thoroughly examines the doctrinal and legislative approaches to understanding the concept of evidence. Scientists have justified the identification of evidence with information used in administrative proceedings to establish the presence or absence of certain facts. The author determines the evidence based on the researched approaches of scientists and the current administrative procedural legislation. The importance of defining a particular process of proof as a complex multi-activity in administrative proceedings is examined. It is concluded that the process of proving in administrative proceedings consists in collecting by the participants of the process any data collected legally, guided by which the court should establish the presence or absence of circumstances and facts in the case, which will become the basis for the court to make a lawful, justified and justified decision. on the case. In addition, the process of proof is interpreted as the mental activity of all participants in the proceedings, which aims to transform the established facts into the status of evidence in the case. The author establishes the existence of stages of the process of evidence in administrative proceedings, namely the collection and presentation of evidence, the examination of evidence, the process of proof at the stage of trial and evaluation of evidence. The author explores that the starting point of proof is the collection and presentation of evidence. The main stage of evidence - the study of evidence - is characterized in the context of its theoretical and normative substantiation. The article identifies ways of examining the evidence and states that it is implemented in a certain sequence. The author identifies as the next logical step the sequential transition from one fact to another with the help of the presented evidence, which is one or another form of presentation of established facts.

This article examines a simplified proceedings in administrative proceedings of Ukraine, its concept, regulatory, procedural features. The purpose of this article is to clarify the procedural aspects and problems of simplified action proceedings in administrative judicial procedure of Ukraine based on the experience of European countries. According to the objectives of the study the study used a set of methods and scientific knowledge as theoretical and scientific. The comparative legal method was used for the analysis of foreign models of simplified administrative matters and made the generalization of such experience. Systemic structural method applied to determine the procedural conditions of the grounds the use of simplified action proceedings in administrative proceedings. It is concluded that the Code of administrative proceedings of Ukraine contains a single mismatch and problematic aspects in terms of regulation of administrative matters under the rules of simplified action proceedings, in particular the duplication of regulations and partial inconsistency of their content. Such legislative regulation of the powers of the court fully consistent with the positions of the ECHR. It is therefore proposed to amend the Code of administrative proceedings of Ukraine, agreed with the practice of the European court of human rights.

The article is devoted to the study of the legal nature of procedural law as a general theoretical category and its purpose in regulating procedural activity, to determine the main task that should be faced with administrative justice and to determine its effectiveness, as well as to formulate some proposals for ensuring the effectiveness of administrative justice. It is proved that the basis of the appointment of administrative justice lies in the theoretical foundations of procedural law. Appointment of administrative justice is to protect the rights, freedoms and interests of persons in the field of public relations from violations by the authorities (state authorities, local self-government bodies, their officials and officials, other entities in the exercise of their power. management functions based on legislation, including the exercise of delegated powers). The rights, freedoms and interests that protect administrative courts can be varied (from constitutional to civil). But the largest share among them belongs to the subjective public law. Subjective public rights are usually manifested not only in the relationship of "public entity - public administration", but also in the relationship "public administration - private entity", as well as in the relations that arise between the two legal entities of public law. For example, public administration has the right to demand from a private person tax. The practical importance of the protection of subjective public rights is manifested in the possibility of securing and enforcing them by appealing to the court. According to Part 2 of Art. 55 of the Constitution of Ukraine, everyone is guaranteed the right to challenge in court the decisions, actions or omissions of state authorities, local self-government bodies, officials and officials. However, a necessary prerequisite to appeal to an administrative court is the fact that the subject of public administration violates its own, that is, the subjective public rights of an individual.

A common justification for the use of trial‐type procedures in administrative agency decisionmaking is the assertion that such procedures will help legitimize decisions or increase their acceptability. Writers who take this position often assume that members of affected interest groups have fixed attitudes toward decisionmaking procedures, that such attitudes are highly salient, and that perceptions of procedural acceptability will not be greatly influenced by the social setting. This article reports on the results of a survey administered to witnesses in federal agency rulemaking proceedings which indicate that procedural attitudes have low salience, are mobilizable rather than fixed, and are strongly influenced by the activities of intermediary organizations such as trade associations and public interest groups. These findings imply particular strategies for designing and implementing regulatory procedures.

The paper is an English translation of Rozwój ogólnego postępowania administracyjnego by Zbigniew Janowicz published originally in Polish in "Ruch Prawniczy, Ekonomiczny i Socjologiczny" in 1970. The text is published as a part of a jubiliee edition of the "Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration" devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.