scholarly journals Application of measures to ensure the claim in administrative proceedings

2021 ◽  
Vol 66 ◽  
pp. 168-172
Author(s):  
Т. О. Tour
Keyword(s):  
System Analysis ◽  
Security Measures ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
Legitimate Interests ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection ◽  
Further Development

The article, based on the methodology of system analysis, considers the application of measures to ensure the claim in the administrative proceedings of Ukraine. Judicial protection includes various components, including procedures for reviewing decisions and actions or inaction of public authorities. The institute of securing a claim on an administrative claim, which was formed in administrative proceedings, is the result of a discussion on the formation of a European system of administrative justice in Ukraine. It is established that the mechanism of securing a lawsuit in an administrative lawsuit has a pronounced positive effect on achieving the key goal and objectives of administrative proceedings. This applies to ensuring legality and discipline in the system of public administration, elimination of violations by officials of public authorities. The applied mechanism promotes full realization of the right of subjects directly involved in public legal relations to judicial protection from illegal actions and decisions accepted by the public power and its officials, on realization of full and effective protection of the rights, freedoms and lawful interests of physical and legal persons. The institute of securing the claim can be considered as a logical conclusion of the procedure of establishing the public-law specialization of the procedural provision of the rights, freedoms and legitimate interests of the plaintiff. It is determined that the allocation of security of the claim as a special institution in the system of administrative proceedings is explained by the following factors: security measures, typical for the exercise of judicial power; the specifics of the legal environment, where the prerequisites for the existence of institutions of administrative law, for the emergence of public disputes, the further development of which occurs in the implementation of administrative powers of public authorities in relation to all other persons involved in administrative relations.

THE HUMAN RIGHTS FUNCTION OF THE JUDICIARY IN ADMINISTRATIVE PROCEEDINGS: INSTITUTIONAL AND FUNCTIONAL ASPECTS

2021 ◽  
Vol 11 (2) ◽  
pp. 205-225
Author(s):  
V.V. MOVCHAN
Keyword(s):  
Human Rights ◽  
Judicial System ◽  
System Control ◽  
Judicial Process ◽  
Public Authorities ◽  
Legitimate Interests ◽  
Constitutional Right ◽  
Court Proceedings ◽  
Administrative Proceedings ◽  
Judicial Protection

The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.

scholarly journals GUARANTEES OF ACCESS TO ADMINISTRATIVE JUDICIARY

2020 ◽  
Keyword(s):  
Civil Rights ◽  
Local Governments ◽  
Administrative Law ◽  
Public Law ◽  
Access To Justice ◽  
Public Authorities ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

Introduction. Administrative proceedings for Ukrainian administrative law, as well as for the administrative law of most post-Soviet states, are a relatively new legal phenomenon. This presupposes the existence of many problems of its formation, which are connected, in particular, with the socio-political transformations that are still going on. These are, first of all, such problems as the formation and legislative consolidation of the legal basis for guaranteeing access and protection in the administrative court. Unhindered access to court and access to justice are necessary conditions for the exercise of the constitutional right to judicial protection. The main results of the study. Access to justice is one of the prerequisites for the establishment of this branch of government as a full-fledged and self-sufficient mechanism for the protection of human rights and freedoms. The Constitution of Ukraine laid the foundations for the formation of access to justice, stipulating that recourse to the court for the protection of human and civil rights and freedoms is guaranteed directly on the basis of the Basic Law. The influence of international normative legal acts on the development of national legislation regulating a person's right to apply to an administrative court for protection was considered. The Constitution of Ukraine guarantees the right of a person to judicial protection and appeal against decisions, actions or omissions of public authorities, local governments, officials and officials. Administrative justice is called upon to implement this provision. Conclusions. The article determined that the right to appeal against decisions, actions or omissions of public authorities, local governments, officials and officials, a component of which is the right to go to court (right to access to court proceedings), is not abstract, but has a connection. connection with the right of a particular person in whose interests the trial is taking place, and with his conviction that the state, represented by public authorities and local governments, officials and officials have unlawfully interfered with his rights or freedoms. The obligatory feature of a public law dispute was that a person believes that there is a violation of his rights and freedoms as a result of the performance or non-performance of government functions. In order to go to court, a person who is a plaintiff must have a substantive legal interest in resolving a public law dispute. The article highlighted and analyzed some problems of ensuring access to justice by administrative courts in resolving public law disputes. His own vision for solving and eliminating the problems of access to justice in administrative proceedings is offered.

scholarly journals FUNCTIONS OF MEASURES OF ENSURING A CLAIM IN ADMINISTRATIVE PROCEEDINGS

2021 ◽  
Vol 13 (3) ◽  
pp. 35-40
Author(s):  
Taras Tur ◽  
Keyword(s):  
System Analysis ◽  
Special Functions ◽  
Regulatory Control ◽  
Legal Norms ◽  
Administrative Procedure ◽  
The Supreme Court ◽  
Legitimate Interests ◽  
Administrative Proceedings ◽  
Judicial Protection

The functions of measures to ensure a claim in administrative proceedings are considered. Using the methodology of system analysis of legal phenomena, approaches to understanding the category of legal science "functions of ensuring an administrative claim" in the context of the implementation of guarantees for the protection of rights, freedoms and legitimate interests in administrative proceedings are described. At the general theoretical and methodological levels, the general and special functions of ensuring an administrative claim in the context of the Code of Administrative Procedure of Ukraine and the legal positions of the Supreme Court of Ukraine are distinguished and characterized. The general functions include system formation, information-oriented, security, goal setting, motivational, epistemological, educational, social control ones. The special functions of measures of ensuring the claim include such functions as guaranteeing judicial protection; ensuring compliance with the requirements of the administrative plaintiff; prevention of damage; restrictive; promoting effective judicial regulatory control; regulatory; compensatory; law enforcement; suspension of activity or action. The effectiveness of the legal norms regulating measures to ensure an administrative claim depends on the effectiveness and quality of the content. The criteria for the effectiveness and quality of the functions of ensuring an administrative claim include: validity, correctness, optimality, normativeness, mandatory nature, completeness, specificity. The study of the nature and process of implementation of the functions of measures to ensure a claim in the administrative proceedings allows to reveal in more detail their systemic and dynamic, structural qualities, role and place among other means of influence in resolving administrative disputes.

JUDICIAL PROTECTION OF ECONOMIC HUMAN AND CIVIL RIGHTS IN UKRAINE

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Svitlana Hlushchenko ◽  
Mariana Khmyz ◽  
Valentyn Serdiuk ◽  
...  
Keyword(s):  
Civil Rights ◽  
Theory And Practice ◽  
Public Authorities ◽  
Economic Rights ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
The Right ◽  
Judicial Protection ◽  
Legal Character

The article reveals the features of the implementation of judicial protection of economic human and civil rights in Ukraine on the basis of theory and practice. It has been established that the provision of judicial protection of human and civil rights and freedoms in Ukraine is regulated by the provisions of the Constitution of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the provisions of other legislative and regulatory documents. It is determined that ensuring the rights, freedoms and legitimate interests of a person is the main duty of Ukraine as a democratic state governed by the rule of law. It has been established that the rights and freedoms of man and citizen must be protected by the court. It has been proven that there is no restriction on persons who can apply for the protection of their rights, freedoms and interests in the judicial branch of government, however, a person who receives the right to go to court has no guarantees that he will be provided with protection and application on this basis of a number of procedural procedures. It has been established that the right to obtain judicial protection should be based on satisfaction by court of the requirement of material and legal character that the subject put forward to the person who violated the rights of this subject and/or interests protected by law. It has been established that the provision of judicial protection of the economic rights and freedoms of a person and a citizen consists in the fact that such provision should proceed from guarantees provided by the state, therefore everyone has the right to apply to specially authorized public authorities in accordance with the current constitutional order to protect their economic rights, freedoms and interests. It is noted that the right to judicial protection of economic rights and freedoms of man and citizen is the right to a comprehensive and open trial, so everyone has this right and it is not affected by participation in the trial or the specifics of the case. It is noted that the prospects for further research in this area are to study the features of judicial protection of social rights and freedoms of man and citizen in Ukraine.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

scholarly journals Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat

2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH
Keyword(s):  
Human Rights ◽  
The Public ◽  
Scientific Analysis ◽  
The Status ◽  
Land User ◽  
Legitimate Interests ◽  
The Subject ◽  
Government Body ◽  
The Right ◽  
Do So

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.

scholarly journals Vanhuksen oikeus hoivaan ja omaisolettama

Gerontologia ◽  
2017 ◽  
Vol 31 (3) ◽  
pp. 227-242
Author(s):  
Laura Kalliomaa-Puha
Keyword(s):  
Family Members ◽  
Elderly Person ◽  
Social Health ◽  
Legal Responsibility ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The Family ◽  
The Right ◽  
To Receive

Jokaisella vanhuksella on Suomessa yksilöllinen, viime kädessä perustuslaissa taattu, oikeus riittävään hoivaan ja huolenpitoon. Silti tämä oikeus on usein käytännössä riippuvainen siitä, onko vanhalla ihmisellä omaisia tukenaan. Tässä artikkelissa tarkastellaan sitä, miten oikeus hoivaan ja hoitoon taataan lainsäädännössä. Omaisilla ei lain mukaan ole vastuuta hoivan järjestämisestä, mutta silti lainsäädäntö monessa kohdin ikään kuin olettaa omaisten olevan vanhuksen tukena. Vaikka omaiset usein ovatkin tukena, miten perusoikeus hoivaan ja huolenpitoon toteutuu niillä vanhuksilla, joilla ei ole omaisia? Artikkeli nostaa vakavimpana omaisolettaman riskinä esiin ne vanhukset, joilla on omaisia, mutta joiden omaiset eivät osaa tai halua auttaa. Right to care and presumption of family and friends in the Finnish legislation According to Finnish legislation the public authorities must guarantee adequate social, health and medical services for those old persons who cannot obtain means necessary for a life of dignity. Yet in practice this right to receive indispensable subsistence and care often depends on the fact whether the old person happens to have family or friends to help her or him. As if the legislation supposes there are friends and family to help, even though, according to Finnish law, family members do not have legal responsibility to take care of an elderly person. This article elaborates how the right to care is guaranteed in Finnish legislation and what the law says about the responsibilities of the family. Even though most of the relatives do help their elderlies, how is the right to care fulfilled for those old persons who do not have family? Perhaps the elderlies who have family and friends, which do not help or do not know how to, are in the most vulnerable situation.

Social Mobilization for Public Accountability

2019 ◽  
pp. 136-150
Author(s):  
Kuldeep Mathur
Keyword(s):  
Civil Society ◽  
Social Movement ◽  
Public Domain ◽  
Social Mobilization ◽  
Democratic Accountability ◽  
Public Authorities ◽  
The Public ◽  
Adequate Information ◽  
Right To Information ◽  
The Right

This chapter examines administrative accountability through the democratic pillar of public transparency. One of the pillars of democratic accountability is the availability of adequate information in the public domain about the functioning government. It has taken a social movement for transparency in government to establish people’s right to information through the passage of the Right to Information Act in 2005. However, traditional administration has not reconciled to its demands and PPPs are kept out of its purview on the plea that they are not public authorities. The Lok Pal (ombudsman) Bill has been passed in response to another struggle of civil society.

Destituent Power

2020 ◽  
pp. 123-138
Author(s):  
Markus Patberg
Keyword(s):  
Civil Disobedience ◽  
Popular Sovereignty ◽  
The Political ◽  
Constitutional Change ◽  
Constituent Power ◽  
Public Authorities ◽  
Protest Movements ◽  
The Public ◽  
The Right ◽  
The Eu

This chapter takes up the public narrative of ‘We, the multitude of Europe’, which suggests that the only hope for progressive change in the EU lies in a politics of disruption, and asks whether this idea can be defended based on a systematic model. To that end, it resorts to the political theory of destituent power, according to which opposition to or withdrawal from public authority can function as a legitimate trigger for constitutional change. Distinguishing between anti-juridical and juridical conceptions of destituent power, the chapter discusses to what extent the disruptive political strategies put forward by protest movements in the EU can be regarded as justifiable. Focusing on the juridical strand as the more plausible one, it argues that ideas of destituent power as ‘state civil disobedience’ run into a problem of authorization. By contrast, popular sovereignty-based approaches illuminate a neglected dimension of constituent power: the right to dismantle public authorities without the intention to create new ones. While such a model of destituent power in part captures the actions and demands of EU protest movements, it can only complement, not replace, the constructive side of constituent power.

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