scholarly journals Public interest in administrative law

2021 ◽  
pp. 37-40
Author(s):  
Mykhailo HALAI ◽  
Ihor KOSIAK
Keyword(s):  
Public Administration ◽  
Public Interest ◽  
Administrative Law ◽  
Public Authorities ◽  
Legal Proceedings ◽  
The Public ◽  
Private Interests ◽  
Domestic Legislation ◽  
Private And Public ◽  
Definition Of

Today the concept of “public interest” plays a significant role in public law. It would then be important to define the concept for better understanding and application in administrative law. The paper is devoted to the analysis of the definition of «public interest». The uncertainty of the concept in the legislation is noted. The questions of genesis of concept of «interest» in law; division of right into private and public; division of interest into private and public interest. Considered views on the definition of interest in law. The exercise of public interest by organs of public administration by issuing administrative acts is specified. The meaning of public interest has been defined. The role of public interest in the activities of public administration bodies has been established. The importance of balancing individual and collective interests was emphasized. The types of public interest are defined, and the concept of public interest in administrative law is enshrined in domestic legislation. The ambiguity of the legal acts defining the types of public interest that are laid down in the legislation is indicated. Special features of public interest have been formed. It is further stated that the public interest is the content of the legal relationship between citizens and the public administration. The importance of State guarantees for the possibility of realizing a public interest has been established. With the help of the powers of the local State administrations, signs of public interest were examined. It has been established that it is possible for public authorities to define the concept of public interest. The use of types of public interest in legal proceedings, the safeguarding and realization of public interest by administrative law and the importance of a legislative definition of public interest have been proved. The opinion defines the concept of public interest in administrative law as a set of private interests in administrative legal relations which (aggregate) It is provided by appropriate legal means and is implemented through executive administrative acts. In addition, the report indicates the main features of public interest.

scholarly journals ADMINISTRATIVE LAW MECHANISM FOR THE IMPLEMENTATION OF PRIVATE INTERESTS

2020 ◽  
Vol 1 (37) ◽  
pp. 57
Author(s):  
L. Konduforova
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Administrative Law ◽  
Legal Norms ◽  
Private Interests ◽  
The Subject ◽  
Definition Of ◽  
Legal Mechanism ◽  
Structural Methods

The subject of the article is the determination of the essence of the administrative-legal mechanism for the implementation of private interests. The purpose of the article is to formulate the concept of this mechanism and to determine its elements. This goal led to the use of formal-dogmatic and system-structural methods with which the author determines the structure of the administrative-legal mechanism for the implementation of private interests. The author offers his own definition of administrative and legal mechanism for the implementation of private interests. The results of the study can be used in legislative work in the field of protecting the rights and freedoms of participants in public relations, as well as in law enforcement.Key words: administrative-legal mechanism, administrative-legal relations, administrative-legal norms, private interests, public administration, administrative-legal means.

scholarly journals PUBLIC INTEREST IN PUBLIC PROCUREMENT

2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets
Keyword(s):  
Public Interest ◽  
Public Procurement ◽  
Legal Regulation ◽  
Political Regime ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Private And Public ◽  
The Government

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

LOS PODERES PÚBLICOS Y LA PROTECCIÓN DE LA CALIDAD DE LA VIDA: INTERVENCIÓN ADMINISTRATIVA FRENTE A LA CONTAMINACIÓN ODORÍFERA Y LUMÍNICA

2010 ◽  
pp. 807-841
Author(s):  
FRANCISCO MARTÍNEZ VÁZQUEZ
Keyword(s):  
Public Interest ◽  
Atmospheric Pollution ◽  
Active Role ◽  
Administrative Law ◽  
General Interest ◽  
Public Authorities ◽  
Public Intervention ◽  
The Public ◽  
Fertile Area

Las técnicas de intervención de las Administraciones Públicas se renuevan al ritmo que lo hacen los desafíos de la sociedad contemporánea, que reclaman un papel activo de los poderes públicos en defensa del interés general y de sus concretas manifestaciones. Un campo especialmente fértil para esta renovación funcional del Derecho administrativo ¿que tiene mucho de renovación dogmática¿ es el de la intervención pública frente a las nuevas formas de contaminación atmosférica. En concreto, este trabajo analiza la forma en que las Administraciones Públicas se sirven de técnicas conocidas, aunque también renovadas, para hacer frente a la contaminación lumínica y odorífera, en tanto que agresiones al interés público que conectan directamente con las preocupaciones de una sociedad expuesta a numerosos riesgos directamente asociados al progreso tecnológico. Así, el recurso a la división del territorio atendiendo a la vulnerabilidad frente a las nuevas formas de contaminación, o la técnica de las autorizaciones y licencias, por no hablar del ejercicio de la potestad sancionadora, no hacen sino actualizar los instrumentos clásicos de intervención administrativa al servicio de nuevas finalidades. Administrazio publikoen esku-hartzeko teknikak egungo gizartearen erronken erritmoan berritzen dira, izan ere, botere publikoen parte-hartze aktiboa eskatzen da, interes orokorraren eta interes horren adierazpen zehatzen defentsan. Kutsadura atmosferikoko agerpen berriei aurre egiteko arlo publikoaren esku-hartzeak esparru bereziki oparoa dakar Administrazio zuzenbidearen berritze funtzional honetarako ¿berritze dogmatikoa ere nabarmena da hemen¿. Hain zuzen ere, lan honetan, administrazio publikoek argi- eta usain-kutsadurari aurre egiteko teknika ezagunak (baina baita berrituak ere) nola erabiltzen dituzten aztertzen da, izan ere, kutsadura horiek interes publikoari egindako erasoak dira, eta zuzenean erlazionatuta daude gizarteak dauzkan kezkekin, aurrerapen teknologikoarekin lotutako hainbat arriskuren menpe baitago gizartea. Horrela, bada, kutsadura- agerpen berriekiko ahulezia aintzat hartuta lurraldea zatitzea, edo baimen eta lizentzien teknika, edo zehapen-ahalmena gauzatzea esku-hartze administratiboak izan dituen ohiko baliabideen eguneratzea baino ez dira, helburu berrien zerbitzura jarrita. The techniques for the intervention by the Public Administrations are updated at the pace with the challenges of the contemporaneous society, which demands an active role by public authorities in defense of the general interest and its concrete expressions. A specially fertile area for this functional updating in Administrative Law ¿which is very much a dogmatic updating- is public intervention against new forms of atmospheric pollution. Specifically, this work analyzes the form by which Public Administrations use already known techniques, albeit also updated, in order to face the lighting and odoriferous pollution, as attacks to public interest which directly connect to the worries by a society exposed to multiple perils directly related to the technologic process. Thus, the resort to the division of the territory taking into account the vulnerability against new forms of pollution, or the technique of authorization and licences, apart from not talking about the exercise of the punishing power, does not do but to bring up to date the classic instruments of administrative intervention for the new purposes¿ sake.

The Judicial Elaboration of Standards for Public Administrations in France

2021 ◽  
pp. 113-131
Author(s):  
Jérémy Mercier
Keyword(s):  
Public Administration ◽  
Public Services ◽  
Institutional Context ◽  
Case Law ◽  
Administrative Law ◽  
Public Authorities ◽  
Public Power ◽  
The Public ◽  
Creative Role

This chapter underlines how administrative law has taken a much greater significance in France since the period 1890–1910. This period is not only symbolic of a full development of administrative law around the notion of public power (puissance publique) or public service (service public) but also of the ramifications given to the very notion of State and public administration. The chapter deals with different theories (Hauriou, Duguit, etc.) related to a redefinition of the State and public services. It discusses four specific aspects: the institutional context, the case law of the Conseil d’État, the innovative orientations concerning the action of the public authorities, and the creative role of this case law.

DEFINITION AND FEATURES OF THE PUBLIC SERVICE

2021 ◽  
Vol 6 (10) ◽  
pp. 29-36
Author(s):  
Feruza Yuldasheva ◽  
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Civil Service ◽  
Main Concept ◽  
Legal Concept ◽  
The Public ◽  
Theoretical Approaches ◽  
Legal Literature ◽  
Domestic Legislation ◽  
Definition Of

The purpose of this article is to study theoretical approaches to the definition of the concept of public service. The author has researched a significant list of Soviet and modern legal literature devoted to topical issues of the institute of public service. The main concept of this article is that the institute of public service is considered by us from the standpoint of consistency. The author's definition of the concept of "public service" is proposed. In addition, the article presents various concepts of understanding the concept of "public service". At the same time, the author draws attention to the fact that there is no unified normative establishment of the legal concept of "public service" in the domestic legislation. The conclusions are based on the analysis of the experience of foreign countries.Keywords: public service, civil service, public service, public administration, types of public service

scholarly journals Toward an Integrated Vision of Undergraduate Liberal and Accounting Education in the Public Interest: The Holistic Development of Persons and Institutions

2013 ◽  
Vol 13 (1) ◽  
pp. 14-38 ◽  
Author(s):  
Brian P. Shapiro ◽  
Michael Naughton
Keyword(s):  
Public Interest ◽  
Common Good ◽  
Life Experiences ◽  
Accounting Education ◽  
Institutional Setting ◽  
Good Definition ◽  
The Public ◽  
Private Interests ◽  
The Common ◽  
Definition Of

ABSTRACT This paper puts forward a vision that integrates liberal and accounting education to engage students with the idea of vocation and pursuit of the common good through their chosen field of accounting. We adopt a common good definition of the public interest that seeks to advance not only the good of institutions and communities (mutual interests) but also the good of individuals (private interests). This approach engages students to critically reflect on how their life experiences, personal commitments, and future professional work can relate to one another. We first discuss disciplinary fragmentation in higher education and its implications for integrating liberal and accounting education. Next, we describe general learning objectives and concepts that support the integration of liberal learning and accounting education with a public interest orientation. We then apply the approach to critique accounting practices that arguably harm the public interest. The concluding section provides a summary and describes how accounting educators may adapt and scale an approach that fits their institutional setting.

scholarly journals ON THE QUESTION OF DEFINITION OF THE CONCEPT OF ADMINISTRATIVE ACTIVITY OF THE STATE MIGRATION SERVICE OF UKRAINE

2020 ◽  
pp. 230-236
Author(s):  
В. В. Репело
Keyword(s):  
Public Administration ◽  
Scientific Literature ◽  
Administrative Law ◽  
The State ◽  
Main Attention ◽  
Public Authorities ◽  
Administrative Functions ◽  
Characteristic Features ◽  
Definition Of ◽  
The Right

The study analyzes the categorical apparatus related to the concept of administrative activity of the State Migration Service in Ukraine, namely the categories «administration», «public administration», «public administration», «administrativeactivity»andothers.Thedefinitionoftheconceptof«administration» in the encyclopedic literature, in particular in the Legal Encyclopedia, highlights the main features of the administration, public administration. The term «public administration» is analyzed, the positions on definition of this definition by researchers O. Shatylo are given), it is indicated that this term is used in two meanings (narrow and wide), the definitions of public administration of V. Averyanov, R. Kravtsova, S. Chernov are also given. A. Zelentsov’s position on the characteristic features of public administration that distinguish it from private administration is highlighted. The main attention is paid to the disclosure of the term «administrative activity», the definition is defined in the reference literature, namely in the Great Ukrainian Encyclopedia, the Encyclopedia of Modern Ukraine. It is emphasized that the administrative activities of public authorities are implemented through the powers vested in the state, and from the state they receive the right to perform administrative functions, such powers are defined exclusively in regulations of the state and its authorities. Positions on the definition of «administrative activity» by M. Ishchenko, E. Mishchuk, A. Sorochynsky, S. Petkov and L. Spytska are given. Based on the analysis of legislation, bylaws and scientific literature on administrative law, the definition of the concept of administrative activity of the State Migration Service of Ukraine is proposed.

scholarly journals Partnerstwo publiczno-prywatne jako forma współpracy administracji publicznej z otoczeniem

2018 ◽  
Vol 111 ◽  
pp. 143-158
Author(s):  
Justyna Przedańska
Keyword(s):  
Private Sector ◽  
Public Administration ◽  
Public Interest ◽  
Construction Management ◽  
Public Private Partnership ◽  
Public Authorities ◽  
Private Partnership ◽  
The Public ◽  
Legal Nature ◽  
Common Interests

PUBLIC-PRIVATE PARTNERSHIPS AS AFORM OF COOPERATION OF PUBLIC ADMINISTRATION WITH THE ENVIRONMENTThe article presents the legal nature of the public-private partnership, which is another form of along-standing mechanism of participation of the private sector in the fulfilling the public tasks. Public-private partnership means all forms of cooperation between public authorities and the private sector, which are designed to finance the construction, management and maintenance of infrastructure, or to provide services. Public administration cooperation with private partners in the delivery of public tasks should always involve assuming common interests not just public interest or private interest, and co-responsibility for the success of the project.

scholarly journals Publicans according to the Justinian's Digest: Institutionalised corruption and its legal sanctioning

2020 ◽  
Vol 54 (4) ◽  
pp. 1415-1431
Author(s):  
Nataša Deretić ◽  
Milan Milutin
Keyword(s):  
Public Administration ◽  
Public Interest ◽  
Public Authority ◽  
Rapid Expansion ◽  
Classical Period ◽  
Tax Collection ◽  
Public Authorities ◽  
The Public ◽  
Power And Influence ◽  
Profit Growth

Rapid expansion of ancient Roman territory was apparently not followed by a sufficiently quick growth of public administration. Consequently, a part of public authorities was entrusted to private individuals. This process appeared to be mutually beneficial. Public authority achieved the implementation of its jurisdiction, tax collection being of particular importance, while publicans, private individuals, acquired vast profits. Their profits were often a consequence of their abuse of the public authorities entrusted to them. The profit growth was followed by a growth of publicans' power and influence within the society, and consequently, the possibility of holders of public authorities to bring them to justice by exercising their powers was limited. Nevertheless, the aspect of legal limitations of publicans in which the authorities were partially successful, refers to the circumstances in which the public interest was harmed. Private individuals, however, were largely left at the mercy of the illegal actions of the publicans. The texts of Justinian's Digest, thus originating form the classical period, in which these matters are considered, were analysed in this paper.

Private Enforcement of the Public Interest and the Europeanisation of Administrative Law – The Trianel Judgment of the ECJ

2011 ◽  
Vol 2 (4) ◽  
pp. 607-615
Author(s):  
Carola Glinski ◽  
Peter Rott
Keyword(s):  
Public Interest ◽  
Environmental Law ◽  
Public Information ◽  
Administrative Law ◽  
Private Enforcement ◽  
Access To Justice ◽  
Public Authorities ◽  
The Public ◽  
Procedural Law ◽  
Private Participation

The EU has taken influence on the administrative laws of the Member States by introducing elements of public information, participation of stakeholders and private enforcement, and environmental law was the frontrunner of this development. The same tendency can be observed at the international level, culminating in the adoption of the Århus Convention in 1998. This has created tensions with traditional administrative law systems that have strongly relied on public authorities to produce the correct outcome whilst severely restricting private participation and private access to justice. The Trianel case, dealing with the protection of habitats against a coal power plant, demonstrates the need for fundamental adjustment of German administrative law, and it may lead to subsequent changes of the modalities of administrative procedural law in order to really allow the private enforcement of the public interest (authors’ headnote).

Sign in / Sign up

Export Citation Format

Share Document