administrative procedure

Administrative agreement as a component of the system of public governance tools

Author: Olena Milienko
Institution: Zaporizhia National University
ORCID: https://orcid.org/0000-0002-3364-1774
Year of publication: 2020
Source: Show
Pages: 115-122
DOI Address: https://doi.org/10.15804/rop2020408
PDF: rop/14/rop1408.pdf

The purpose of the article is to implement the characteristics of the administrative contract as a component of the system of public administration tools. It is determined that the system of tools for the implementation of functions by public administration bodies must meet the requirements of efficiency of settlement of management tasks, mobility of implementation of management decisions, accessibility of administrative procedures, and openness of regulations and administrative acts. The system of tools of public administration includes decisions, actions or omissions of public authorities and local governments, which have fundamental legal significance and consequences for individuals. It is emphasized that the implementation of the concept of «good governance» must comply with the democratic principles of building the rule of law, the achievement of which requires the use of the system of tools defined by current legislation. The components of the system of public administration tools include bylaws (actually identifying them with regulations), administrative acts, administrative agreements, administrative acts and acts-plans. The normative-legal character of the administrative agreement is determined, which to some extent identifies it with the normative acts of the subjects of power, emphasizing the bilateral and multilateral nature of such relations. It is substantiated that administrative contracts have similar features that are similar to other instruments of public administration, in particular, the need to conclude them in accordance with the established procedure, aimed at satisfying subjective public rights, and so on. It is established that the distinctive features of an administrative agreement are its voluntary nature of adoption, bilateral and multilateral nature of the regulation of public relations, and one of the parties to the agreement is always the subject of power. It is concluded that in the implementation of administrative- contractual relations there is a situation of legal equality of its parties, so the mechanism for ensuring its implementation is specific. It is concluded that an administrative agreement is a public accession agreement, the content of which is the implementation of management functions related to the provision of public services, ensuring the efficient use of public property between the subject of power at the initiative of a non-governmental entity. It is substantiated that in the current conditions in order to ensure the availability of legislation, as well as to avoid the situation of emergency accumulation of an array of regulations, it is proposed to supplement the draft Law of Ukraine «On Administrative Procedure» with the following provisions: «administrative contract implementation of management functions related to the provision of public services, ensuring the efficient use of public property, concluded between the subject of power at the initiative of a non-governmental entity.

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.

Pojęcie bezczynności organu a przewlekłości organu – analiza prawna

Author: Marek Michał Wikiński
Institution: Uniwersytet Technologiczno-Humanistycznego w Radomiu
Author: Natalia Niedzińska
Institution: Członek Okręgowej Izby Radców Prawnych w Warszawie
Year of publication: 2014
Source: Show
Pages: 224-236
DOI Address: https://doi.org/10.15804/tpn2014.2.13
PDF: tpn/7/TPN2014213.pdf

The aim of the work is to indicate the difference between inactivity and chronicity between administrative proceedings. In the article the authors indicate that it is necessary to distinguish two remedies, which are the complaint about chronic conduct of administrative proceedings and complaint about inactivity of administrative authorities. Spectrum of both complaints is mutually exclusive which in the authors opinion states that the courts are not authorized to assess chronicity of the inactivity complaint.

Message to:

 

 

© 2017 Adam Marszałek Publishing House. All rights reserved.

Projekt i wykonanie Pollyart