administrative law

Forms of the Government Administration’s Impact on the Activities of Local Governments During the COVID-19 Pandemic

Author: Piotr Rączka
Institution: Nicolaus Copernicus University in Toruń (Poland)
ORCID: https://orcid.org/0000-0002-1097-5712
Author: Maciej Serowaniec
Institution: Nicolaus Copernicus University in Toruń (Poland)
ORCID: https://orcid.org/0000-0003-4693-7977
Published online: 30 January 2021
Final submission: 19 December 2021
Printed issue: March 2022
Source: Show
Page no: 10
Pages: 153-162
DOI Address: https://doi.org/10.15804/ppsy202214
PDF: ppsy/51/ppsy202214_10.pdf

The primary burden of tackling the pandemic COVID-19 lies with the state as the entity responsible for protecting the health and life of its citizens. Hence, it can be argued that the focus of the pandemic-induced changes to the Polish legal order was on administrative law, which not only sets out the principles of the functioning of the State as the executive power but also governs the relations between the government, local government and citizens, which had to be significantly modified during the pandemic. It would be impossible to analyse and discuss all the emergency measures that appeared in Poland’s administrative law due to the threats posed by the pandemic. The subject matter of the present study is the analysis of the legal solutions adopted in the Republic of Poland in the sphere of public law in connection with the spread of the virus and particular provisions shaping relationships between the two basic structural branches of Polish public administration, viz. the government administration and the local-government administration. The following part of this study will accordingly be devoted to the analysis of the legislative solution contained in Article 11h of the COVID-19 Act, establishing a legal framework for issuing binding instructions to, among others, the various bodies of local governments, local-government legal persons and local-government organisational entities without legal personality.

Правові основи адміністративного договору у сфері підприємницької діяльности

Author: Сергій Єсімов (Serhii Yesimov)
Institution: Lviv State University of Internal Affairs
ORCID: https://orcid.org/0000-0002-9327-0071
Year of publication: 2022
Source: Show
Pages: 27-34
DOI Address: https://doi.org/10.15804/CPLS.20224.03
PDF: cpls/4/cpls403.pdf

Legal Basis of Administrative Agreement in the Field of Entrepreneurial Activity

The article on the basis of systematic analysis using the formal-legal and comparative-legal method of studying legal phenomena, considers the legal basis of the administrative agreement in the field of entrepreneurship as a means of improving the legal regulation of entrepreneurship in the context of European integration. The subject of scientific research is a set of administrative and legal norms that mediate relations in the field of entrepreneurial activity on the basis of an administrative agreement in modern economic and legal conditions. The urgency of the study is due to insufficient conceptual development of the issue of administrative contract from the standpoint of separation into an independent institution of administrative law with proper legalization and lack of a universal concept of administrative contract. The study examines the specifics of the legal basis of administrative and contractual regulation, which includes seven groups of regulations that regulate certain aspects of administrative and contractual relations, determine the subjects of public administration authorized to enter into administrative contracts, their competence. In this context, the legal nature of the administrative contract as an institution of administrative law with elements of complex regulation, forms of administrative law, forms and methods of public administration, a set of administrative procedures and legal fact is substantiated. Based on current legislation (Constitution of Ukraine, Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, laws of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, departmental normative legal acts) the essence of the administrative agreement as a form of objectification of the will of the counterparties is considered. A condition of legal significance is the expression of will, determined by the degree of freedom of the participants. Expression of will and freedom of consent provides an opportunity to justify the design of administrative agreements, the concept of the functions of the administrative agreement on the role and importance in regulating public relations, as well as areas of administrative contractual regulation on public relations in public administration. The procedural component of administrative-contractual relations is considered. Administrative-contractual procedure is a logically complete set of legal and organizational actions and decisions aimed at achieving the established legally significant result. It is proposed to form a systemic legal basis for administrative-contractual regulation and a universal procedure for concluding an administrative agreement for agreements of normative and organizational content, vertical and horizontal agreements, the construction of which should be defined in the Law of Ukraine On Administrative Procedure.

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