The article concerns the openness of examination proceedings before the Warsaw’s Real Estate Reprivatisation Commission, which constitute specific procedure in relation to general administrative ...proceedings governed by the provisions of the Polish Code of Administrative Procedure. Through a dogmatic analysis, I have proved that these proceedings are governed by rules corresponding not only to the internal openness – typical for administrative proceedings, but also external openness – which constitutes a sort of novum, creating a high standard of transparency in administrative proceedings. The external openness in examination proceedings before the Commission means the introduction of an open trial, the images and sounds of which, upon the chairperson’s consent, can be recorded by the mass media. Moreover, the legislator also ordered to publish decisions concluding proceedings in the Bulletin of Public Information on the website of the office supporting the Minister of Justice. In practice, a variety of information about the proceedings, including notifications, notices, resolutions and decisions, is published in the Bulletin.
The study analyzes the issue of public participation in extraordinary proceedings regulated by the provisions of the Code of Administrative Procedure where it is possible to revoke the final decision ...on environmental conditions, in which an ecological organization may participate as a party. The literature analyzes the issue of the very participation of an ecological organization in the course of the proceeding as a result of which a decision on environmental conditions is to be issued. However, no wider interest is devoted to the issue related to the possibility of participation of an ecological organization in extraordinary proceedings specified in the provisions of the Code of Administrative Procedure. In this context, a fundamental question arises: will the participation of the public be necessary in each of these proceedings, and thus the participation of an ecological organization in the course of such proceedings on the rights of a party will be allowed? The dogmatic and legal method was adopted as the research method.
The adjacent fee mentioned in Art. 145 of the Real Property Management Act is connectedwith the construction of technical infrastructure facilities. Its establishment is conditionedby the increase of ...real property value and the owner of the property is the charged entity.Due to the way in which the fee is established, in the situation where the real propertyowner changes within the period of time between the construction of infrastructure and thecommencement of proceedings, it is difficult to determine which entity should be charged by the fee. The subject of this article is the analysis of the subjective and objective aspect of thefee in view of statutory regulations. Specific solutions with regard to evidentiary proceedings,which constitute an exception in view of the regulation adopted in the Code of Administrative Procedure, are also worth considering.
The article is devoted to a scientific and theoretical study of the principles of administrative legal proceedings in the updated conditions of the Ukrainian State development, based on the needs for ...high-quality provision and implementation of legal rights, freedoms and interests of individuals and legal entities in the field of public law relations. It has been established that the principles of administrative proceedings at the current stage of development of administrative procedural law should be understood as the basic, initial rules which are stipulated by the provisions of national legislation, as well as generally accepted provisions of international law and standards of administration of justice, and which determine the organisational and functional (procedural) conditions for the administration of justice in administrative cases, and which are reflected and enshrined in the relevant provisions of the Code of Administrative Procedure of Ukraine. It has been noted that by their functional purpose, the principles of administrative justice form a stable basis for the functioning of the mechanism of administrative and procedural regulation.
Based on the analysis of the existing scientific developments on this issue, the author supports and further develops the scientific position on determining the characteristic features inherent in the principles of administrative justice in the modern context, namely a) each principle is based on a certain idea, determined by the socio-legal and ideological values of public life, the state and law at this stage of development and functioning; b) the principles have an external expression, i.e. they are textually concentrated in the norms of administrative procedure legislation and reflect the content, essence and internal structure of administrative proceedings, the entire process of the dynamics of its implementation; c) the principles perform a safeguarding function, as they contribute to the main task of administrative proceedings to ensure the proper level of exercise and protection of individuals and legal entities of their rights, freedoms and legitimate interests from violations by public authorities; d) each principle should be logical and scientifically grounded, internally balanced, aimed at ensuring the orderly administration of justice in administrative cases, while not repeating the content of other principles of administrative justice and not contradicting each other.
Introduction. By its very nature, administrative proceedings can be considered the main tool for protecting the rights and interests of individuals and legal entities in the public legal field ...against violations by subjects of authority. Such protection must be based on a fair, impartial and timely hearing. A legal and well-founded decision of the court, which resolves the dispute on the merits, may lose its significance or significantly reduce its importance for the protection of the rights of the individual, if it is adopted with an unreasonable delay. The main direction in the development of the modern administrative process in most countries of the world is characterized by the optimal ratio of the procedural activities of the parties and the court. The classic model of competitiveness is inferior to another model, the essence of which is the implementation of the ideas of judicial economy. In the science of the administrative process, the time limits of the process are associated with the implementation of the requirements of efficiency, speed, concentration, and procedural economy. These concepts determine the place and meaning of procedural terms in the mechanism of legal regulation of procedural legal relations and are related to the fulfillment of the task of timeliness of judicial protection, enshrined in Art. 2 of the Code of Administrative Procedure of Ukraine. Short list of main results. The article is devoted to the study of the concept and essence of the principle of efficiency as a procedural tool in the administrative proceedings of Ukraine. It has been established that the importance of this principle is due to the constant dynamics and specificity of the administrative process, changes in socio-economic conditions in the state, and the desire to raise the national standards of the judiciary to European standards. It is justified that the principle of efficiency is reflected in the content of procedural norms of administrative legislation. Conclusions. The principle of efficiency is an independent principle of administrative proceedings that requires immediate legal regulation in procedural legislation.
The article presents the issue of a bureaucratic disposal of matters by public administration authorities. The letter of dissatisfaction was introduced into Polish law as early as 1950. It was an ...expression of a negative attitude towards red tape. The prohibition of a bureaucratic disposal of matters is a guideline for the entire public sector. Bureaucracy is the negative behavior of officials: learned helplessness, routine, prejudices against applicants, assurance, conformism, and excessive formalism. The legislator’s pejorative assessment does not refer to bureaucracy itself, but to red tape as a dysfunction of bureaucracy. Red tape is the result of organizational culture. The article presents the model of Weberian bureaucracy and a critique of it. The provisions obliging officials to act in an fair, impartial, reasonable and proper manner are discussed, and the example is given of proper, open, efficient and independent European Union administration. The tool that determines bureaucracy is the document. The creation of excessive amounts of documents, as a manifestation of bureaucracy (red tape), is closely related to the development of office techniques. However, the development of information technology and the dissemination of electronic communication channels have changed the face of bureaucracy. The direct contact between an official with an applicant is changing into screen-level bureaucracy, with the claimant’s application being handled by the IT system. The official’s discretionary power has Hus been significantly reduced. The development of e-administration eliminates inappropriate actions of officials. However, a new type of bureaucracy is emerging by IT experts. Art. 227 of the Code of Administrative Proceedings can become a protective measure against theformalism of e-government.
The subject. Doctrinal approaches that reveal the place and role of public authorities, as well as organizations performing the functions of these authorities in the administrative process carried ...out in the Russian Federation, the principles and norms of the Constitution of the Russian Federation, administrative procedural legislation that form the legal basis of the administrative process in Russia.
The purpose of the article is scientific substantiation of the integration of non-judicial bodies carrying out the administrative procedure into a special subsystem of public power, called public administration in the Russian Federation.
The methodology. Formal logical and dialectical methods as well as private scientific methods such as method of interpretation of legal norms, method of comparative jurisprudence were used.
The main results, scope of application. The article reveals the scientifically based content of the integrative approach to understanding the administrative process in contemporary
Russia, taking into account the norms of the Russian Constitution and the analysis of existing doctrinal developments of administrative scientists. The article substantiates the structure of the administrative procedural legislation of the Russian Federation ant it’s constituent entities, which includes the judicial administrative process and the executive (non-judicial) administrative process implemented by the public administration (executive authorities, local self-government bodies, other administrative and public bodies). Administrativeindicating legal norms are distinguished, the analysis of which allows us to reveal the content, form, structure of the judicial administrative process and the executive (extra-judicial) administrative process, as well as to establish an integrative relationship between them with the help of such special categories as “judicial administrative case”, “extra-judicial administrative case”, “administrative proceedings”, “administrative proceedings”. A number of key proposals are put forward to systematize the judicial administrative process and the executive (extrajudicial) administrative process in Russia on the basis of developed scientific positions. The article reveals the question of a scientifically based theory for understanding the administrative and public functions of public administration, as well as the system and structure of public administration in modern Russia.
Conclusions. The presented integrative approach to understanding the administrative process and its differentiated systematization for the judicial administrative process and the executive (non-judicial) administrative process are the only true way to develop the Russian model of administrative process. The question of the need to systematize the administrative and public functions implemented by the public administration is raised. It is proposed to develop and adopt a federal law “On Public Administration in the Russian Federation”, the authors substantiate the content of the structure of this law.
Table of Contents:PART I: Foundations of WealthIntroductionGetting StartedPaying Off Your Student LoansManaging Irregular IncomeBuying a HouseThe Biggest Money Mistakes Attorneys MakePART II: Growing ...Rich: Investing for AttorneysThe Time Value of MoneyIntroduction to InvestmentsInvestment StrategiesAssessing Your Risk ToleranceGuide to Asset Allocation by AgeReal Estate InvestingBiggest Investing Mistakes to AvoidPART III: Tax Minimization for AttorneysRetirement AccountsThe Roth Backdoor and Mega-BackdoorsTurbocharged Tax DeferralThe Stealth IRAContingency Fee Tax DeferralCharitable Tax StrategiesLife Insurance Tax Strategies10 Tax Tips for AttorneysPART IV: Protecting Your WealthLife Insurance ProtectionDisability RiskLiability RiskPART V: Running Your Own PracticeChoosing a Business StructureImproving Your Bottom LineBusiness Continuity PlanningSurviving a RecessionPART VI: Planning for RetirementHow Much Do I Need to Retire?Retirement Income PlanningGetting the Most Out of Social SecurityPART VII: Law Firm SuccessionWhat's a Law Firm Worth?How Do You Sell a Law Firm?Making the Sale Successful
The article explores the peculiarities of administrative jurisdiction during martial law and its role in safeguarding human rights through judicial protection. It delves into the specific legal ...regulations governing court activities in such circumstances, highlighting the challenges in protecting human rights. The collaborative mechanisms between courts and judicial self-government bodies are revealed, focusing on ensuring access to justice during martial law. The administrative court's pivotal role in human rights protection is emphasized, along with the disclosed mechanisms for facilitating administrative justice accessibility in martial law situations. The article also addresses the standards of access to justice, examining their implementation in administrative proceedings and analysing measures introduced to support court functionality. Importantly, it underscores that even in the most challenging conditions, the administrative court must leverage its powers to uphold constitutional rights and human freedoms. Beyond the immediate martial law context, the research subtly highlights the broader implications of digitalization in legal processes. The seamless integration of video conferencing not only ensures unimpeded access to justice but also showcases the transformative influence of technology on legal frameworks. The authors' insightful analysis makes a valuable contribution to the ongoing discourse on the benefits of digitalization in legal practices.
As protest movements took to the streets during the 1960s and 1970s, a group of lawyers joined forces with America's most confrontational activists. In pursuit of radical change themselves, these ...militant attorneys went beyond providing mere representation. They identified with their clients, defied the habits of a conservative profession, and formulated a corrosive critique of the legal system, questioning the neutrality and transformative power of law. While exploiting the courtrooms as political forums, they developed aggressive litigation strategies and became involved with the organization of protest. Drawing on extensive archival research and interviews, historian Luca Falciola reconstructs this largely unmapped phenomenon and challenges the reader to think anew about the pivotal role of lawyers in social movements. At the heart of this book is the story of the National Lawyers Guild. Founded in 1937, the Guild represented the first integrated and progressive bar association of America. The Guild returned to prominence in the early 1960s, at the vanguard providing legal aid to civil rights workers in the South. Since then, leftist students, disobedient soldiers, rebellious inmates, radical minorities, and revolutionary groups such as the Black Panther Party and the Weather Underground have relied on this cadre of sympathetic lawyers to defend and empower them.
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