The aim of the publication is to establish the function of the legal regulation of the principle of resolving legal doubts in favour of the citizen (in dubio pro libertate), introduced by the ...amendment of 2017 to the Code of Administrative Procedure. The purpose of the article is also to compare the state of the regulation in force at the time of its entry into force with the legal state created after the introduction of the amendment. This principle has been discussed and it has been established that it has a protective function. First and foremost, to ensure the security and stability of the law when the legislator has failed to fulfil its duty to legislate correctly and fairly. This function is of particular importance in cases where an administrative body unilaterally determines constitutional rights and freedoms. As a result of the comparison of the state of regulation before 2017, it was established that as long as the principle of in dubio pro libertate was a postulate of the doctrine, court judgments, interpreted from other principles of administrative proceedings, it did not suffer such significant limitations and could serve more fully to protect an entity. It the current state of law, administrative bodies can make use of it in a limited way only to several proceedings. Nor does it apply if there is – as is common in administrative proceedings – an important social interest or conflicting legal or factual interests of the parties concerned.
The subject of the gloss is a legal analysis of general proceedings before the Commission for the reprivatisation of Warsaw real estate as regards the right of access to the case file. The Law on the ...Commission contains special regulations, different from the Code of Administrative Procedure, which result, among other things, from the position of the Commission and the subject of its activity. The author uses a legal and analytical research method, based on the literature and administrative court decisions.
Due to the public health emergency caused by covid-19, the Colombian authorities in charge of national urban policy and the authorities tasked with the study, processing, and issuance of urban ...planning licenses, were forced to issue and adopt different measures to guarantee continuity in the provision of the service, prevent further spread of covid-19, and care for the lives and health of officials and citizens. This article analyzes the novelty and effectiveness of these measures
Como resultado de la declaratoria de la emergencia sanitaria causada por el covid-19, las autoridades del orden nacional a cargo de la política nacional urbana3 y las autoridades competentes para el estudio, trámite y expedición de licencias urbanísticas4 se vieron en la imperiosa necesidad de emitir y adoptar una serie de medidas para garantizar la continuidad en la prestación del servicio, evitar una mayor propagación del covid-19 y cuidar la vida y la salud de los funcionarios y ciudadanos. Este artículo analiza la novedad y eficacia de dichas medidas
The article constitutes a comparative legal study of mediation based on for procedural regulations, i.e. Act of 6 June 1997: Code of Criminal Procedure, Act of 17 November 1964: Code of Civil ...Procedure, Act of 14 June 1960: Code of Administrative Procedure, and Act of 30 August 2002: Law on the Proceedings before Administrative Courts carried out with the use of a dogmatic method. The author analyses the solutions that, in his opinion, make it possible to propose a thesis on far-reaching convergence of the basic, and at the same time of normative provenance, principles of mediation. The principles include amicability, voluntariness (optionality), commonness, loyalty to parties, confidentiality and non-openness of mediation, as well as a mediator’s impartiality. The above-mentioned convergence does not mean complete homogeneity of particular solutions or their non-defectiveness, which is exemplified by Article 2591 CPC and Article 83 § 4 CAP. It is also shown that the domestic solutions are in conformity with the solutions recommended by the Committee of Ministers of the Council of Europe.
In a difficult economic situation in Ukraine, the attracting of foreign investment is the priority direction of economic development. In practice, there are often cases of violation of the foreign ...investors’ rights by officials. Therefore, an important issue of the present is the study of the foreign investors’ rights protection mechanism since they are important economic entities. Ukraine has an outflow of foreign investment. This is due to the imperfection of the current legislation, economic instability, corruption, unfairness of counterparties, unlawful actions of state bodies, and the absence of an effective mechanism to protect the rights of foreign investors. Therefore, the objective of the article is to study the peculiarities of administrative legal proceedings of foreign investors protecting, to analyse the current state of protection of foreign investors in Ukraine by administrative courts, and to analyse the problems that arise in practice. It should be noted that the researchers did not investigate the peculiarities of administrative legal proceedings of foreign investors’ protection. A considerable attention is paid to protecting foreign investors in the context of economic legal proceedings. Therefore, the issue deserves special attention. Methodology. The authors substantiated the necessity to improve the current legislation concerning the protection of foreign investors in the administrative legal proceedings. Based on the analysis of the current legislation norms, one can conclude that most norms are only declarative. Therefore, the authors provide appropriate proposals for improving domestic legislation using positive foreign experience. Results. The article reveals the peculiarities of the appeal of decisions, actions and inactivity of the subjects of authority by foreign investors, the relevant judicial practice is analysed there, the European experience is investigated in order to implement it in domestic legislation. The authors discuss the current state of protection of foreign investors in Ukraine by administrative courts and the problems that arise in practice. Particular attention is paid to the lack of proper legal protection of foreign investors. In this regard, the appropriate proposals are provided by the authors that will contribute to improving the investment climate in Ukraine. Practical implications. Foreign investment has a positive effect on the economic situation of any state. In order to achieve investment attractiveness, Ukraine needs to provide it with adequate judicial protection. Value/originality. The urgent question of the present is the protection of foreign investors in the form of administrative legal proceedings. The necessary step is the implementation of positive international experience on this issue in domestic legislation.
El presente artículo de reflexión tiene como objetivo analizar el derecho fundamental del debido proceso consagrado en el artículo 29 de la Constitución Política de Colombia de 1991, en las ...actuaciones administrativas que orientan la formación del contrato estatal. El documento realiza una reflexión sobre la aplicación de los elementos del derecho al debido proceso identificados por la jurisprudencia y la doctrina en las actuaciones administrativas y, en especial, las desarrolladas en la formación del contrato estatal. En la segunda parte del artículo, se desarrollará un estudio específico de la aplicación del debido proceso en las actuaciones administrativas, concretamente en los procedimientos expedidos por el gobierno nacional para el desarrollo de esas actuaciones administrativas, en el que se analizarán esas disposiciones frente a los elementos del debido proceso administrativo.
In addition to confiscation of proceeds of crime in the criminal or its associate procedure, as exists in national law, the author suggests the existence of other models in the seizure of property ...whose legal origin is suspected, represented in foreign legal systems. Recognizing this fact, the central part of his work is about the civil law confiscation or seizure of proceeds of crime in the administrative proceedings and taxing criminal profit, as alternative or corrective forms of action present in comparative legal systems. Briefly has been given an overview of basic principles on which they are based, and pointed out the problems faced by entities engaged in the field of their practical application. After a brief presentation and analysis of these systems the author raises a rhetorical question: whether the use of civil law or administrative proceedings legitimate tool in the fight against crime or a shortcut that states use to mitigate the lack of efficiency of the instruments used in crime fighting? In doing so, he reminds that confiscation and forfeiture and the criminal or its associated procedure is exactly the kind of civil law Institute (prohibiting unjust) used in the realization of the goals of the criminal law. Essentially, it is a desirable tool, which can help to achieve (partial) restorative justice. However, putting discussed aspects of confiscation in the view of the domestic law, the author concludes that the decision which has been opted by domestic legislator is currently the best way for the practical implementation of the principle of prohibition of unlawful enrichment.
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