The article analyzes the current state of the legal support of the "green" economy in Russia. The author declares the actual absence of a targeted state policy, embodied in a special administrative and legal regulation in this area. As an objective reason, there is a contradiction between the need to increase the pace of development of the national economy in order to ensure the economic security of the state and the principles of sustainable development enshrined in the relevant Concept. Administrative and legal regulation of social relations emerging in the field of the "green" economy should form the basis for the formation of a comprehensive legal support for a new model of socio-ecological and economic development of Russia.
The Covid-19 coronavirus pandemic has affected the world. The government is stepping up quarantine measures in its countries for the second time. Strict quarantine is beginning to be introduced in more and more countries around the world. Quarantine restrictions significantly affect businesses and limit their rights. In this regard, the issue of protection of business rights remains relevant. The purpose of the article is to study the administrative features of protection of the rights of economic entities in quarantine. The subject of the study is the social relations that arise in the protection of business in quarantine conditions. The research methodology consists of the dialectical method, historical method, system method, modeling, and abstraction methods, as well as induction, deduction, analysis, synthesis, and comparative law methods as a special research method. The authors concluded that the state took decisive measures to ensure the rights of economic entities, by the significantly reflected on guarantees for entrepreneurs and in general, in particular, their ability to operate, which significantly affects the economies of countries.
The article substantiates the importance of state support for innovation clusters created for the development and implementation of high-tech products and solutions in all spheres of public life, which should contribute to the growth of the economy and ensure economic security of the Russian Federation. The process of creation and subsequent development of innovative clusters needs to improve the relevant administrative and legal regulation, and the support and incentive measures themselves should be predominantly administrative in nature, since the state's costs for cluster projects implemented through subsidies are not always paid off. The article has a problem-staging character.
In order to optimize the conditions for ensuring the administrative and legal development of regions in Ukraine on the basis of strengthening and enhancing their administrative and legal potential, the article analyzes and systematizes approaches to the peculiarities of the implementation of the mechanism of state influence on local governments, aimed at increasing the efficiency of the execution of the powers of local governments, which will allow to take into account the functional links between the components of management, ensure the rational use of available resources, rationalize work and minimize risks, as well as increase the efficiency of local government bodies.
The article deals with the main types of European standards of administrative and legal support for the work of civil servants, the key of which the author emphasizes the recognition of the priority of the state policy in the area of observance of labor legislation with regard to civil servants. Equally important scholars are called the standards of proper staffing, material and technical support of civil servants, creation of conditions for proper and timely performance of their official duties, improvement of their qualification, training and retraining, creation of harmless and safe working conditions, professionalization of state services, etc. It is emphasized that Ukraine is on the path of European integration, in its activity it tries to implement in its internal law European standards of administrative and legal support of civil servants, but a significant number of them still remains at the declarative level. ; У статті розглянуто основні види європейських стандартів адміністративно-правового забезпечення праці державних службовців, ключовим з яких автором виділено визнання пріоритету державної політики у сфері дотримання законодавства про працю відносно державних службовців. Не менш важливими науковцем названо стандарти належного кадрового забезпечення, матеріально-технічного забезпечення діяльності державних службовців, створення умов для належного та своєчасного виконання ними своїх посадових обов'язків, підвищення рівня їх кваліфікації, підготовки та перепідготовки, створення нешкідливих та безпечних умов праці, професіоналізацію державної служби тощо. Окремо наголошено на тому, що Україна стоїть на шляху європейської інтеграції, у своїй діяльності намагається імплементувати у внутрішнє законодавство європейські стандарти адміністративно-правового забезпечення державних службовців, проте значна їх кількість все ще залишається на декларативному рівні.
The article investigates the underlying challenges of administrative and legal support of environmental safety under globalization. The current globalization conditions and factors affecting the transition of environmental safety from local to a global level, which is due to globalization processes in the world and a number of global anthropogenic challenges, are analyzed. The emphasis is focused on the impact of globalization on the adoption of international treaties in the field of environmental safety. The importance of administrative and legal environmental safety at the state level for the implementation of the executed international treaties is substantiated. The obsolescence and underperformance of the current state of administrative and legal support of environmental safety in Ukraine is grounded, the necessity for its optimization is proved, the weaknesses are highlighted and the need for introducing a number of improvement directions, including propaganda of a careful attitude to the environment, is substantiated; regulatory support for the effective distribution of functions and viable mechanism for management of central and local executive authorities, local government institutions on the formation and implementation of state policy components in the field of climate change in accordance with their competence; regulatory actions of joint events and cooperation of domestic government bodies in the area of environmental safety with similar bodies of neighboring countries; implementation ensuring of the provisions of the Association Agreement between Ukraine and the European Union, the European Atomic Energy Community and their member states related to climate change; ensuring the fulfillment of Ukraine's obligations regarding reporting on international agreements in the field of climate change, etc. Keywords: globalization, environmental safety, state environmental policy, legal support of environmental safety, administrative and legal support for environmental safety of Ukraine, international legal support for environmental safety
by Georges Langrod « Maître de recherches », French National Centre for Scientific Research, Full Professor at the University of the Saar The legal aspect of administrative procedure is traditionally neglected by the Science of administrative Law. Considered as a technical problem, it is left to administrative scientists only. The whole legal operation preceding the administrative decision remains outside the sphere of scientific analysis, thereby impoverishing our knowledge of the administrative phenomenon. On the one hand the specialist in administrative law respects to a surprising degree the tradition that administrative law regulates the aims of administrative action, but leaves the ways leading to accomplishment of these aims solely to administrative technicians. On the other hand, the specialist in Public Administration sees only the essential contradiction between the strict bounds of restrictive legal precept and the necessary elasticity of administrative action. He defends the latter and is therefore prima facie opposed to the former. Although the Administration should be as unhampered as possible in order to be effective in everyday life, the « Rechtsstaat » — with its characteristic curtailment of « Le Roy le veult » — is founded also on the active participation of cujus res agitur in administrative disputes. This participation assures at the same time an important control of administrative action by the citizen. It constitutes one of the victories of political democracy over the unbridled licence of « royal pleasure ». Political expediency can no longer be considered as the only motivation of all administrative action. Nevertheless it should not be undervalued: a balance must be sought between the legal, technical and political aspects of this action, the political aspect being accepted in its widest sence. The process of « juridicalisation » of Administration through administrative Law — extended even to administrative procedure — must be constantly scrutinized with a view to controlling the effects of old mental habits and conservative approach to Public Administration and to administrative management. Professor Langrod examines, in all its aspects, the generally underestimated but important problem of « purely administrative » procedure, i.e. of non-contentious disputes within the frame of administrative action. He discusses the different approaches of the traditional doctrine to this problem and its frequent lack of comprehension in this field. Having weighed the consequences of the traditional application of procedural theory and process rules to justice alone, the author goes on to examine — by methods of comparison — the present-day solutions to the problem. These solutions are grouped under three principal headings: — administrative systems with well-developed administrative Law but without any « processual » approach, such as those existing in France and Germany. This approach is reserved only for the administrative courts («juridiction administrative», «Verwaltungsgerichtsbarkeit»). Everything which happens within the framework of « pure » Administration is left, almost entirely, to the discretion of internal rules, under the subsequent judicial control of legality; — « mixed » systems, or half-way solutions, i.e. mainly the Anglo-Saxon doctrine of « quasi-judicial » functions, presupposing the existence of a dispute between equal parties, before the Administration. The procedural rights of these parties, accorded by law or by practice, differentiate this type of procedure from the « purely » administrative activity. Thus appear in England the so-called « administrative tribunals » which are not judicial courts, but administrative authorities with a particular process, resulting from the fundamentals of fair play in administrative action. To this group belong also the administrative systems of Spain, Portugal, Latin America, Italy and Sweden, where — if not always the legislature and practice — at least the doctrine of administrative Law and the jurisprudence in administrative matters frequently accept a procedural point of view for the administrative action; — systems comprising a complete « processual » sector of administrative Law doctrine and a legislative codification of legal procedure of Public Administration. This is the case in Austria and three other countries of Central-Eastern Europe where in the years 1925-1930 « codes of administrative procedure » appeared, and are still obligatory. In spite of changes after 1945 in countries now under Communist regime, in Poland, Czechoslovakia, Yugoslavia, the great Austrian model remains unchanged. The United States of America, owing to the A.P.A. 1946, are found in the same group, because of their global approach to this problem of administrative dispute, based on the classical « due process » doctrine and on the application of the « audi alteram partem » formula (through adjudication, hearing, notice, examiners corps, etc.). Professor Langrod's study comprises administrative dispute considered as an integral part of a « general legal procedure », constituting in theory a « processual » uniformity, regardless of the sector of Law to which it applies. Thus procedural approach ceases to be a monopoly of justice as it was for centuries, and has to be extended to all official actions concerning parties' interests or rights. The author endeavours finally to formulate some general principles of administrative legal procedure, based on empirical comparative experience. After having examined and summarized these principles, he concludes that the great process of « juridicalization » of Public Administration has generally desirable effects. It brings about more social outlook, the true democratization of Administration owing to the active and « organized » co-operation between authorities and parties) and the fact that — if well conceived and balanced — legal rules tend not to hamper, but rather to guide the processes of litigation, to the true interests of legal security and administrative efficiency.
The system of national law and the corresponding system of democratic authorities had to guarantee optimal protection of the individual's fundamental freedoms and rights, and help to create human welfare. Science of administrative law is constantly evolving, and its insights are strategic in nature, oriented towards the future. There is often a struggle for new ideas, opinions, concepts, paradigms to be embedded or denied. The new, old, inaccurate statements are changed to be more accurate, the new ideas criticize the old ones, and life practices raise new problems that science must answer rationally. The science of administrative law in Lithuania is not static, it is constantly changing as the administrative law itself changes. The concept of administrative law is changing, its regulation is expanding. The science of administrative law is an integral part of Lithuanian law science, where the specialists of administrative law – scientists investigate the essence of this branch of law, its subject matter and separate institutes and in general all actual problems of administrative legal practice and science of the whoel country. This article is the first scientific research in the cycle of articles "Development of Administrative Law and Administrative Legal Doctrine in Lithuania". The purpose of this article is to present the development of administrative law and administrative law doctrine in Lithuania since 1990 by analysing the works of Lithuanian scientists in this field through the categories defined in the research tasks. In order to achieve the aim of the article, the following tasks are raised: briefly to introduce and discuss the development of Lithuanian administrative law science and administrative law as a category, to define and analyse the goals of administrative law, the subject of regulation and the system of administrative law in Lithuania. In order to achieve the aim and tasks of the research, the analysis of the works of Lithuanian scientists and the main laws implementing the administrative legal regulation of Lithuania was performed. Methods. Historical comparative, documents' analysis, synthesis and other methods were used for research. Results of research showed that Lithuania has modern administrative law and administrative justice system, that meets nowadays meets and European Union justice standards' requirements. Conclusions. We can conclude that Lithuanian scientists understand the administrative law in broad sense as law of management and described quite wide range of its regulation subjects. After Lithuania's accession to the European Union and its commitment to take over its acquis communautaire, the entire Lithuanian legal system, together with administrative law, had to adapt to change. Implementation of the provisions of the European Union legislation in Lithuanian law has become a priority. The abundance of administrative legal regulation at European Union level and the need for its application in the case-law have created challenging tasks for administrative law science. An accurate analysis of the implementation of European Union legislation in the systems of state power and public administration in Lithuania, analysis of administrative legal systems of the Member States of the European Union, search for similarities and differences, effective defence of the rights and legitimate interests of a person when a Member State misapplies (waives) the provisions of European Union legislation, the jurisdiction of national courts to deal with damages where, for example, damage caused by inappropriate application of European Union law is made by a court of final instance in the state, and other issues become the subject of modern administrative law research.
The system of national law and the corresponding system of democratic authorities had to guarantee optimal protection of the individual's fundamental freedoms and rights, and help to create human welfare. Science of administrative law is constantly evolving, and its insights are strategic in nature, oriented towards the future. There is often a struggle for new ideas, opinions, concepts, paradigms to be embedded or denied. The new, old, inaccurate statements are changed to be more accurate, the new ideas criticize the old ones, and life practices raise new problems that science must answer rationally. The science of administrative law in Lithuania is not static, it is constantly changing as the administrative law itself changes. The concept of administrative law is changing, its regulation is expanding. The science of administrative law is an integral part of Lithuanian law science, where the specialists of administrative law – scientists investigate the essence of this branch of law, its subject matter and separate institutes and in general all actual problems of administrative legal practice and science of the whoel country. This article is the first scientific research in the cycle of articles "Development of Administrative Law and Administrative Legal Doctrine in Lithuania". The purpose of this article is to present the development of administrative law and administrative law doctrine in Lithuania since 1990 by analysing the works of Lithuanian scientists in this field through the categories defined in the research tasks. In order to achieve the aim of the article, the following tasks are raised: briefly to introduce and discuss the development of Lithuanian administrative law science and administrative law as a category, to define and analyse the goals of administrative law, the subject of regulation and the system of administrative law in Lithuania. In order to achieve the aim and tasks of the research, the analysis of the works of Lithuanian scientists and the main laws implementing the administrative legal regulation of Lithuania was performed. Methods. Historical comparative, documents' analysis, synthesis and other methods were used for research. Results of research showed that Lithuania has modern administrative law and administrative justice system, that meets nowadays meets and European Union justice standards' requirements. Conclusions. We can conclude that Lithuanian scientists understand the administrative law in broad sense as law of management and described quite wide range of its regulation subjects. After Lithuania's accession to the European Union and its commitment to take over its acquis communautaire, the entire Lithuanian legal system, together with administrative law, had to adapt to change. Implementation of the provisions of the European Union legislation in Lithuanian law has become a priority. The abundance of administrative legal regulation at European Union level and the need for its application in the case-law have created challenging tasks for administrative law science. An accurate analysis of the implementation of European Union legislation in the systems of state power and public administration in Lithuania, analysis of administrative legal systems of the Member States of the European Union, search for similarities and differences, effective defence of the rights and legitimate interests of a person when a Member State misapplies (waives) the provisions of European Union legislation, the jurisdiction of national courts to deal with damages where, for example, damage caused by inappropriate application of European Union law is made by a court of final instance in the state, and other issues become the subject of modern administrative law research.
The subject matter of this paper is legal protection against administrative silence, i.e. non-performance of the administration. The first part of the paper explores the concept of administrative silence and presents two dominant models of administrative silence: the negative model and the positive model. The second part focuses on administrative proceedings dealing with administrative silence, with specific reference to statutory time limits pertaining to legal protection against administrative silence. The third part elaborates on the consequences and effects of initiated proceedings, including available legal options and solutions for resolving such disputes in the future. The fourth part provides an example of proceedings in an administrative silence case. In conclusion, the author sums up the key issues that are have to be addressed in order to improve the efficiency and effectiveness of proceedings in such cases. The problem of legal protection against administrative silence is surely not an important subject in the legal science but it certainly has a huge practical effect on the establishment of the legal system and citizens' trust in it.
