The review contains the abstracts of the participants of the All-Russian scientific-practical conference “Modern problems of building the Russian model of the administrative process”, held on June 4, ...2021 at the Siberian Law University (Omsk) and being the next stage in the development of the discussion of domestic administrative law scholars about the current model of the Russian administrative process, its concept, types,volume and structure, directions for improving the administrative procedural legislation, based on the standards of a legal state and taking into account the experience of foreign countries. Despite the difference in approaches to understanding the administrative process, the theoretical construction of its model, the conference participants expressed a common opinion about the urgent need to develop and adopt legislative acts that ensure an appropriate level of proceduralization of administrative activities and, accordingly, reliable protection of the rights and legitimate interests of citizens and organizations in the field of their relationship with the public administration.
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 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 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.
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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.
The administration of justice on the basis of a fair trial is not an easy task, as both parties to the dispute are usually certain of their rightness, which they are trying to prove to the court. If ...one of these parties is a state or its bodies, the judiciary can become a dangerous tool to influence any process in society. Specific cases against
Ukraine show that high-ranking officials of all periods of power did not neglect the possibility of influencing the outcome of the case, pursuing goals not related to the administration of justice. The influence of the European Convention and the case law of the European Court of Human Rights has become decisive for Ukraine in the formation of a separate procedure for the administration of justice: administrative proceedings. Some aspects of its functioning are investigated in this work, in particular, the preconditions for the differentiation of administrative proceedings in Ukraine, the problem of defining the concept of the authorities and the state as a party to the case, the implementation of the right to a fair trial in administrative proceedings, access to court and the principle of the equality of parties; oral and open administrative proceedings; adversarial proceedings and the right of the court to establish the circumstances of the administrative case.
Keywords: administrative proceedings; the right to a fair trial; access to court; the principle of equality of parties; oral and open administrative proceedings; the right of the court to establish the circumstances of the administrative case.
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